These Terms & Conditions (“Terms”) govern your access to and use of the TumaText bulk‑SMS platform and related services (“Service”) provided by TumaText Limited (“we,” “us,” “our”) in the Republic of Kenya. By registering, accessing or using the Service you (“you,” “your,” “Customer”) agree to be bound by these Terms, which incorporate our Privacy Policy by reference.

1. Definitions

• “Account” means your registered profile on the TumaText platform.
• “Content” means any SMS text, media or data you submit, upload or send via the Service.
• “Subscriber” means any end‑recipient of your SMS messaging.

2. Eligibility & Registration

2.1 You must be at least 18 years old and legally capable under Kenyan law to form binding contracts.

2.2 To use the Service you must provide accurate, complete registration details and maintain the confidentiality of your Account credentials.

3. Provision of Service

3.1 We will use commercially reasonable efforts to deliver your bulk‑SMS messages in a timely manner, but do not guarantee delivery times or delivery at all.

3.2 We reserve the right to suspend or limit service if required by the Communications Authority of Kenya or other applicable laws.

4. Customer Obligations & Prohibited Use

4.1 You agree to use the Service in compliance with the Kenya Information and Communications Act, 1998, the Data Protection Act, 2019, and the Computer Misuse and Cybercrimes Act, 2018, as well as any regulations on unsolicited messaging (“anti‑spam” rules).

4.2 You must obtain any required consent from Subscribers before sending them messages.

4.3 Prohibited content includes—but is not limited to—fraudulent, defamatory, harassing, obscene, or infringing material; political campaigning without proper permits; and any content violating Kenyan law.

4.4 You must not use the Service to send messages that encourage violence, hate speech, or discrimination.

5. Fees, Billing & Payment

5.1 Fees are charged per SMS or per campaign as described in our Pricing Schedule.

5.2 All amounts payable are in Kenyan Shillings (KES) and exclude applicable taxes.

5.3 Invoices are due within 14 days of issuance. Late payments accrue interest at 1.5% per month.

5.4 We may suspend your Account for non‑payment, and you remain liable for any outstanding fees.

6. Intellectual Property

6.1 All software, trademarks, logos and documentation belonging to TumaText remain our exclusive property.

6.2 You retain ownership of your Content, but grant us a worldwide, royalty‑free license to host, transmit and display it in order to provide the Service.

7. Confidentiality & Data Protection

7.1 Each party agrees not to disclose the other’s Confidential Information except as necessary to perform its obligations.

7.2 We process any personal data you provide in accordance with our Privacy Policy and the Data Protection Act, 2019. You warrant that you have obtained all required consents for such processing.

8. Disclaimers & Limitation of Liability

8.1 The Service is provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

8.2 To the maximum extent permitted by law, our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the total fees you have paid in the six months preceding the claim.

9. Indemnification

You agree to indemnify, defend and hold harmless TumaText, its officers and agents against any third‑party claims arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your infringement of any rights of another.

10. Term & Termination

10.1 These Terms commence on the date you first register and remain in effect until terminated.

10.2 You may close your Account at any time by giving us written notice.

10.3 We may suspend or terminate your Account immediately if you breach these Terms or as required by law.

11. Force Majeure

Neither party is liable for delays or failures due to causes beyond its reasonable control, including natural disasters, governmental actions, or telecom outages.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the Kenyan courts sitting in Nairobi.

13. Changes to Terms

We may modify these Terms at any time by posting the updated version on our website and notifying you by email. Continued use of the Service after such changes constitutes your acceptance.

14. Contact Us

For support or questions about these Terms, please contact:

Email: [email protected]

By using TumaText, you acknowledge that you have read, understood, and agree to these Terms & Conditions.