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Terms of Service

This agreement outlines the rules, regulations, and responsibilities for using SMSyou Technology Zambia Limited's enterprise messaging platform.

Last updated: October 24, 2023

01

Service Agreement Scope

By accessing or using the SMSyou platform, API, or services (collectively, the "Service"), you agree to be bound by these Terms. SMSyou Technology Zambia Limited ("SMSyou", "we", "us") provides a bulk messaging gateway connecting businesses to mobile network operators (MNOs) in Zambia, including MTN, Airtel, and Zamtel.

This agreement constitutes a legally binding contract. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions.

Delivery Guarantees: While we strive for 99.9% uptime, message delivery is subject to MNO network availability and handset status.

Account Security: You are responsible for maintaining the confidentiality of your API keys and account credentials.

02

Payment Terms & Credits

Services are provided on a prepaid basis unless a post-paid agreement has been explicitly signed with our sales department. SMS credits are purchased in Zambian Kwacha (ZMW) or US Dollars (USD).

Expiration Policy

SMS credits purchased do not expire for active accounts. An account is considered inactive if no login or API activity is detected for 12 consecutive months.

Refunds are generally not provided for unused credits except where required by law or in the event of service termination by SMSyou without cause.

03

Acceptable Use Policy

You agree not to use the Service to transmit any content that is illegal, harmful, unwanted, or offensive. Specifically, the following are strictly prohibited:

  • Spam & Unsolicited Messages: Marketing messages sent without prior consent from the recipient.
  • Phishing & Fraud: Attempts to deceive recipients into revealing sensitive information (e.g., banking PINs).
  • Prohibited Content: Content related to gambling, adult services, or political hate speech as defined by Zambian law.
04

Liability & Indemnity

SMSyou shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

You agree to indemnify and hold harmless SMSyou and its employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

05

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Service or contact support to delete your data.

06

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Zambia, without regard to its conflict of law provisions. Any disputes arising from these terms will be settled in the courts of Lusaka, Zambia.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.