Terms of Service

1. Acceptance of Terms

By registering for, accessing, or using MobileSasa ("the Service", "we", "us"), you ("Customer", "you") agree to be bound by these Terms of Service ("Terms"). If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, you may not use the Service.

2. Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering into binding contracts to use the Service. You must provide accurate, current, and complete information during registration and keep that information up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, including activity by team members you invite. Notify us immediately at [email protected] if you suspect unauthorised access to your account.

3. Permitted Use

You may use the Service only for lawful business communications. Bulk SMS services operate subject to the rules and regulations of the Communications Authority of Kenya (CA), the Kenya Information and Communications Act, and the policies of the relevant mobile network operators (MNOs). You are solely responsible for ensuring your messaging complies with all applicable laws and MNO requirements, including obtaining any necessary consents from recipients.

4. SMS Credits and Billing

The Service operates on a prepaid credit model. SMS credits must be purchased in advance and are deducted at the time of dispatch based on the number of message parts sent.

• Credits are non-refundable except where required by applicable law.
• Credits do not expire while your account remains in good standing.
• Each message part is charged at the rate applicable to your account at the time of dispatch. Rates may be updated with reasonable notice.
• A message exceeding 160 GSM-7 characters (or 70 UCS-2 characters for Unicode content) will be split into multiple parts and charged accordingly.
• Postpaid accounts approved for credit may send messages up to their authorised credit limit. Outstanding balances are due on the agreed billing cycle.
• MobileSasa is not responsible for incorrect recipient numbers or content errors that result in failed or misdirected messages; credits consumed in such cases are not refunded.

5. Campaigns and Message Scheduling

The Service allows you to schedule campaigns for future dispatch. When a campaign is scheduled, it will be dispatched at approximately the time you specify. Due to the nature of message processing and network conditions, dispatch may occur within a short window after the scheduled time — typically within seconds to a few minutes — and is not guaranteed to occur at the exact moment specified.

MobileSasa shall not be liable for any loss or damage arising from campaigns dispatching slightly after the scheduled time. If time-critical delivery is required, we recommend scheduling with an appropriate buffer. Credits are reserved at the time a campaign is submitted and are consumed as messages are dispatched.

6. Campaign Cancellation

You may cancel a scheduled campaign before dispatch begins. Once dispatch has commenced, cancellation will halt further message delivery; however, credits consumed for messages already dispatched at the point of cancellation will not be refunded. Any reserved but unconsumed credits will be returned to your balance upon cancellation.

MobileSasa does not guarantee that a cancellation request will prevent all messages from being delivered if dispatch is already in progress with a mobile network operator.

7. Message Delivery and Delivery Reports

Message delivery is subject to the availability and routing decisions of mobile network operators. MobileSasa does not guarantee delivery of any individual message. Factors outside our control — including recipient handset status, network congestion, and MNO filtering policies — may result in non-delivery.

Delivery reports (DLRs) are provided on a best-effort basis and reflect status information returned by the relevant mobile network operator. MobileSasa does not warrant the accuracy or completeness of delivery reports. The absence of a delivery report does not confirm that a message was not delivered.

8. Resending Messages

The Service provides a resend function for individual messages. Each resend is treated as a new message dispatch and is charged at the prevailing rate. Resending does not guarantee a different delivery outcome. You are responsible for ensuring resends comply with recipient consent and applicable regulations.

9. Duplicate Detection

To protect recipients and prevent billing errors, the Service may suppress duplicate messages — defined as the same sender, content, and recipient within the same calendar day — unless your sender ID has duplicate sending explicitly enabled. This behaviour is a safeguard and not a guaranteed deduplication service. Credits are not charged for suppressed duplicates.

10. Sender IDs

Alphanumeric and numeric sender IDs must be registered and approved by MobileSasa and the relevant mobile network operators before use. Approval timelines are subject to MNO processes and are outside our control.

• An approved sender ID may only be used for the purpose and business category stated during registration.
• You must not impersonate a third party, government body, or financial institution through a sender ID.
• MobileSasa may suspend a sender ID immediately if it is found to be in breach of MNO policies or these Terms.
• Sender ID approval does not constitute an endorsement of your business or message content by MobileSasa.

11. API Access and Tokens

Access to the MobileSasa API requires a valid API token. Tokens are scoped to specific permissions and should be treated as sensitive credentials.

• You are responsible for all API activity conducted using your tokens, whether authorised by you or not.
• Tokens must not be embedded in public source code repositories, client-side applications, or shared in insecure channels.
• Revoke any token you believe has been compromised immediately via the API Tokens settings page.
• MobileSasa may revoke tokens that are found to be misused or associated with abuse.
• Token-authenticated API calls consume SMS credits in the same manner as portal-initiated messages.

12. SMPP Access

SMPP connectivity is available to approved accounts only. Access is granted at our sole discretion and may be revoked at any time. By using SMPP access you agree to the following additional conditions:

• SMPP authentication uses a valid API token as the bind password. You are responsible for keeping this credential secure.
• Each SMPP session is logged for audit purposes, including the remote IP address and message volume.
• SMPP-originated messages consume SMS credits and are subject to the same billing, content, and compliance requirements as all other messages.
• You must not share SMPP credentials with third parties or use a single account to relay messages on behalf of multiple unrelated businesses.
• MobileSasa reserves the right to rate-limit or suspend SMPP sessions that generate unusual traffic patterns or violate these Terms.

13. Prohibited Content and Conduct

You must not use the Service to send or facilitate:

• Unsolicited commercial messages (spam) to recipients who have not consented
• Fraudulent, deceptive, phishing, or impersonation content
• Content promoting illegal activity, pyramid schemes, or unlicensed financial services
• Hate speech, threats, harassment, or content targeting individuals on protected grounds
• Content that infringes third-party intellectual property or privacy rights
• Political campaigning without proper disclosure as required by applicable law
• Messages to numbers obtained through scraping, purchasing lists, or other non-consented means

Violation of this section may result in immediate account suspension without refund of remaining credits.

14. Blacklist and Opt-Out Compliance

The Service maintains a blacklist of numbers that have opted out of receiving messages. You must not attempt to remove numbers from this list or circumvent opt-out requests. Adding a number to the blacklist is immediate and permanent unless the recipient explicitly consents to re-subscribe. You are additionally responsible for maintaining your own opt-out records in compliance with applicable law.

15. Service Availability

We aim to provide a reliable service but do not guarantee uninterrupted availability. Scheduled or emergency maintenance, third-party network outages, and events beyond our control may affect availability. MobileSasa shall not be liable for any loss arising from service unavailability. We will endeavour to communicate planned maintenance in advance where possible.

16. Intellectual Property

The Service and its underlying technology remain the exclusive property of MobileSasa. These Terms do not grant you any right to copy, modify, distribute, or create derivative works of the Service. You retain all rights to the message content you submit; by submitting content you grant us a limited licence to process and transmit it solely for the purpose of providing the Service.

17. Termination

We may suspend or terminate your account at any time, with or without notice, for violation of these Terms, non-payment, or any conduct we determine to be harmful to the Service or other users. Unused SMS credits at the time of termination for cause are forfeited. You may close your account at any time by contacting [email protected].

18. Limitation of Liability

To the maximum extent permitted by applicable law, MobileSasa and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of business opportunity, or reputational harm, arising out of or in connection with:

• Message delivery failures or delays caused by mobile network operators
• Inaccurate or missing delivery reports
• Campaigns dispatching within a reasonable window of the scheduled time
• Messages dispatched prior to a cancellation request being processed
• Unauthorised use of your account or API tokens
• Service interruptions or downtime

Our total aggregate liability to you for any claim shall not exceed the amount you paid to MobileSasa in the three months preceding the event giving rise to the claim.

19. Indemnification

You agree to indemnify and hold harmless MobileSasa and its affiliates from and against any claims, damages, penalties, fines, and legal costs arising from: (a) your use of the Service; (b) content you transmit through the Service; (c) your violation of these Terms or any applicable law or regulation; or (d) complaints from recipients of your messages.

20. Governing Law

These Terms are governed by the laws of Kenya. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

21. Changes to These Terms

We may update these Terms from time to time. We will provide at least 14 days' notice of material changes via email or a prominent notice within the Service. Continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms.

22. Contact

For questions about these Terms, contact us at [email protected] or [email protected].