Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SDASMS Africa ("SDASMS," "we," "us," or "our") governing your access to and use of the SDASMS platform, including our website at sdasms.com, mobile applications, APIs, and all related services (collectively, the "Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Account Registration
To access certain features of our Services, you must create an account. When creating an account, you agree to provide accurate, current, and complete information and to update this information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify SDASMS immediately of any unauthorized use of your account. SDASMS will not be liable for any loss or damage arising from your failure to comply with this section.
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect fraud, abuse, or violation of these Terms. You may not create multiple accounts or use another user's account without permission.
Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation. Without limiting the foregoing, you agree not to:
- Send unsolicited or spam messages, including messages to recipients who have not given their consent to receive communications from you
- Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
- Use the Services to send messages that contain malware, viruses, or any other malicious code
- Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services
- Use the Services to engage in any form of fraud, phishing, or deceptive practice
- Interfere with or disrupt the Services or servers or networks connected to the Services
- Use automated systems, bots, or scrapers to access the Services without our prior written consent
- Resell or redistribute the Services without our express written permission
- Use the Services in any manner that could disable, overburden, damage, or impair the proper functioning of the platform
SMS and Messaging Services
Sender IDs
Sender IDs are subject to approval and registration requirements imposed by mobile network operators and regulatory authorities. SDASMS reserves the right to reject or revoke any sender ID that does not comply with carrier guidelines, regulatory requirements, or our internal policies. You must not use sender IDs that impersonate another person, organization, or brand. Verified sender IDs are non-transferable between accounts.
Message Content
You are solely responsible for the content of messages sent through our platform. You must ensure that all messages comply with applicable laws and regulations, including but not limited to data protection laws, telecommunications regulations, and anti-spam legislation. Messages must include a valid opt-out mechanism where required by law. SDASMS reserves the right to review, filter, or block messages that violate these Terms or applicable laws.
Delivery
While we strive for the highest possible delivery rates, we do not guarantee that all messages will be successfully delivered. Message delivery depends on factors outside our control, including carrier network availability, recipient device status, and phone number validity. We are not liable for messages that are delayed, lost, or undelivered due to carrier issues, network congestion, or other technical limitations beyond our control.
Intellectual Property
The Services and all associated content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, software, and their compilation, are the exclusive property of SDASMS Africa or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or business use in accordance with these Terms.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent, except as permitted by these Terms or as otherwise permitted by applicable law. Your feedback, suggestions, or ideas submitted to SDASMS may be used by us without any obligation of compensation or attribution.
Payment and Billing
Certain features of the Services require payment. You agree to pay all fees and charges incurred in connection with your account, including charges for SMS credits, subscription fees, and any applicable taxes. All fees are quoted in the currency specified on our pricing page and are subject to change with prior notice. We reserve the right to modify our pricing at any time, and such changes will be effective at the start of your next billing cycle.
Payments are processed through our secure payment partners. By providing payment information, you represent and warrant that the payment method belongs to you or that you are authorized to use it. If a payment fails, we may suspend your access to the Services until the payment is successfully processed. For refund-related matters, please refer to our Refund Policy.
Limitation of Liability
To the fullest extent permitted by applicable law, SDASMS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your use of the Services, any unauthorized access to or use of our servers or personal information, any interruption or cessation of transmission to or from the Services, any bugs, viruses, or similar code transmitted through the Services, or any errors or omissions in any content.
Our total liability to you for any claims arising out of or relating to the Services shall not exceed the total amount paid by you to SDASMS during the twelve (12) months preceding the event giving rise to the claim. This limitation applies regardless of the legal theory on which the claim is based.
Indemnification
You agree to defend, indemnify, and hold harmless SDASMS and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements including legal fees arising from your use of the Services, your violation of these Terms, or your violation of any rights of another party. SDASMS reserves the right to assume exclusive defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification clauses, and limitations of liability.
You may terminate your account at any time by contacting our support team or through your account settings. Upon account termination, any unused SMS credits will be handled in accordance with our Refund Policy. We reserve the right to delete your account data after a reasonable period following termination.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Republic of Tanzania, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Arusha, Tanzania. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Changes to These Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
Contact Us
If you have any questions about these Terms of Service, please contact us at:
- Email: legal@sdasms.com
- Website: sdasms.com/contact
- Address: PAPU Tower 6th Floor, 10636 Moshi Rd, Arusha, Tanzania
