Terms of Service

1. Acceptance of Terms

By creating an account or using SMS Connect, you agree to these Terms of Service and our Privacy Policy. If you do not agree, you must stop using the platform.

2. Eligibility and Account Responsibility

You must provide accurate registration details and keep your credentials secure. You are responsible for all activity on your account, including actions by authorized team members. Where you submit personal data, you confirm you have a lawful basis to process that data under Kenyan law.

3. Permitted Use of Messaging Services

You may use SMS Connect only for lawful communication. You must obtain appropriate consent from recipients, honor opt-out requests, and comply with applicable telecom, data protection, and anti-spam laws, including the Kenya Information and Communications Act and the Data Protection Act, 2019.

4. Prohibited Activities

• Sending fraudulent, deceptive, abusive, or unlawful messages.
• Uploading stolen, unauthorized, or unlawfully acquired contact data.
• Attempting to bypass platform security, billing controls, or approval processes.
• Using unauthorized sender names or impersonating another organization.

5. Wallet, Billing, and Topups

Messaging charges are deducted from your wallet balance based on applicable rates. Topups and payment confirmations may depend on third-party payment providers. You are responsible for ensuring payment details are accurate.

6. Contact Marketplace (Buy and Sell)

Buyers and sellers are responsible for ensuring contact data has been lawfully collected and shared. Listing a group for sale confirms you have rights to distribute that data. SMS Connect may suspend, reject, or reverse marketplace activity where fraud, abuse, or policy violations are detected. Each party remains accountable as a data controller for its own marketplace decisions and downstream use of personal data.

7. Data Protection Roles and Responsibilities

You retain ownership of your organization data. You grant SMS Connect permission to process your data as needed to provide, secure, and improve the service. Depending on the workflow, your organization may act as a data controller while SMS Connect acts as a data processor, or as an independent controller where required by law.

8. Service Availability and Changes

We may update, improve, suspend, or discontinue parts of the platform at any time. We aim for high availability but do not guarantee uninterrupted service. Security incidents and service disruptions will be managed in line with applicable legal and regulatory obligations.

9. Suspension and Termination

We may suspend or terminate accounts for suspected abuse, legal non-compliance, unpaid obligations, or breaches of these Terms, including misuse of personal data or repeated violations of data subject rights.

10. Limitation of Liability

To the maximum extent allowed by law, SMS Connect is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, business interruption, or data loss.

11. Indemnification

You agree to indemnify and hold SMS Connect harmless from claims, losses, and expenses arising from your misuse of the service, unlawful messaging activity, or violation of these Terms.

12. Governing Law and Regulatory Context

These Terms are governed by the laws of Kenya. Data protection obligations are interpreted with reference to the Data Protection Act, 2019 and guidance issued by the Office of the Data Protection Commissioner (ODPC), as applicable.

13. Changes to These Terms

We may update these Terms from time to time. Continued use of the platform after updates are published constitutes acceptance of the revised Terms.