Terms of Service

For the purposes of these Terms, the following definitions apply:

• "Account" means the registered user account you create to access and use our Services.
• "Credits" means the prepaid units purchased to access and use our messaging and communication services.
• "Services" means the communication platform, APIs, developer tools, dashboard, and related products and services provided by Sendexa.
• "Content" means any data, text, messages, files, images, audio, video, or other materials you submit, upload, or transmit through our Services.
• "API" means the Application Programming Interface that enables you to integrate our communication services into your applications.
• "Dashboard" means the online portal where you manage your account, view analytics, and access our services.
• "Transaction" means any message sent, call made, or payment processed through our platform.
• "Settlement" means the proceeds from message deliveries, minus applicable fees, available for withdrawal.
• "Hold" means our right to defer settlement or restrict access to proceeds pending investigation or dispute resolution.
• "Chargeback" means a dispute filed by an end-user or their financial institution for a transaction.

By accessing and using Sendexa Ltd.'s services ("Sendexa," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you should not use our services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Sendexa Ltd. governing your use of:

• Our website (sendexa.co)
• Communication APIs (SMS, WhatsApp, Voice, USSD)
• Developer tools and documentation
• Customer dashboard and analytics
• Any related products or services

If you are using our Services on behalf of a business, that business accepts and agrees to these Terms. The business hereby engages Sendexa to provide the Services pursuant to the terms and conditions set forth in this Agreement.

Sendexa provides a cloud communication platform enabling businesses to send and receive messages across multiple channels:

• SMS Messaging: Bulk and transactional SMS delivery across 200+ countries
• WhatsApp Business: Two-way messaging, notifications, and customer support via WhatsApp
• Voice Services: IVR systems, voice broadcasts, and call routing
• USSD Services: Interactive menus and mobile money integrations
• Email & Notifications: Push notifications, in-app messaging, and email delivery
• Developer APIs: RESTful APIs with SDKs for major programming languages
• Customer Dashboard: Analytics, message history, contact management, and account settings

We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice. We may also decide to cease providing all or some of our services at any time.

4.1 Account Creation

To use our services, you must create an account and provide accurate, complete information. You agree to:

• Provide true, accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

4.2 Account Types

We offer different account tiers:

• Free Tier: Limited monthly messages, basic features, for testing/development
• Pay-As-You-Go: Prepaid credits, no monthly commitment
• Enterprise: Custom contracts, dedicated support, volume discounts

4.3 Age & Eligibility Requirements

You must be at least 18 years old or the age of legal majority in your jurisdiction to create an account. If you are using our services on behalf of a company, you represent that you have the authority to bind that company to these Terms.

4.4 Account Suspension

We reserve the right to suspend or terminate your Account if:

• You provide inaccurate, untrue, or incomplete information
• You fail to comply with account registration requirements
• We reasonably suspect your account has been compromised or used without authorization
• Your account is associated with fraudulent activity

You agree not to use our services to:

• Send unsolicited bulk messages ("spam") or "gray" marketing messages
• Harass, defame, or threaten any person or group
• Transmit content that is illegal, harmful, or offensive
• Impersonate any person or entity without authorization
• Attempt to reverse engineer, decompile, or hack our systems
• Violate any applicable laws, regulations, or industry guidelines
• Use our services for any fraudulent purpose
• Interfere with or disrupt the integrity or performance of our services
• Collect or harvest any information or data from our services or attempt to decipher any transmissions
• Disclose or distribute information relating to another User to any third party, or use any other User's information for marketing purposes without express permission

Prohibited Content

You may not send messages containing:

• Defamatory, libelous, or slanderous material
• Copyrighted material without proper authorization
• Trade secrets or confidential information
• Malware, viruses, or other harmful code
• Adult content, gambling, or illegal products/services
• Misleading or deceptive marketing claims

Enforcement Actions

If we reasonably believe you have violated these Terms, we may:

• Block the completion of one or more messages or payments
• Suspend, restrict, or terminate your access to our Services
• Terminate our business relationship without liability
• Take legal action against you
• Contact and disclose information related to such violations to law enforcement agencies
• Assess fees, penalties, and expenses (including reasonable attorneys' fees) that we may incur as a result of such violations

6.1 Pricing

Our pricing is available on our pricing page and may vary by:

• Message volume and channel type
• Destination country/region
• Feature access level
• Contract term (monthly vs. annual)

6.2 Payment Terms

• Prepaid plans: Credits must be used within 12 months of purchase
• Postpaid plans: Invoiced monthly, payment due within 15 days
• Enterprise: Custom billing terms as specified in contract

6.3 Payment Methods

Payments may be made via debit card, credit card, mobile money, or bank transfer. We reserve the right to collect payments by deduction from your account balance.

6.4 Taxes & Fees

All prices are exclusive of applicable taxes, duties, and regulatory fees. You are responsible for paying all such charges.

6.5 Refunds

Unused prepaid credits may be refunded at our sole discretion within 30 days of purchase for verified accounts. Monthly subscriptions are non-refundable unless otherwise specified in your contract.

6.6 Late Payments

Late payments will incur interest at 1.5% per month (18% APR) or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for unpaid invoices.

6.7 Hold of Settlement

We may defer settlement payout or restrict access to your proceeds if we need to:

• Conduct an investigation related to your use of the Services
• Resolve any pending dispute
• Comply with applicable law or court order

6.8 Off-Set Right

To the extent permitted by law, we may set off against your balances for any obligation you owe us under any agreement (e.g., Chargebacks or refunds). If you owe us an amount that exceeds your balance, we may charge or debit a payment instrument registered in your account.

7.1 Our Property

Sendexa and its licensors retain all right, title, and interest in:

• Our platform, APIs, and technology
• Brand names, logos, and trademarks
• Documentation and educational materials
• Any improvements or derivatives

7.2 Your Content

You retain ownership of content you submit through our services ("Your Content"). By submitting Your Content, you grant us a worldwide, royalty-free license to use, store, and transmit it as necessary to provide our services.

You may modify or remove your Content via your Dashboard. However, your Content may persist in historical, archived, or cached copies.

7.3 API Usage

Our APIs are provided for your internal business use. You may not resell, sublicense, or redistribute API access to third parties without written authorization.

7.4 License Restrictions

You must not:

• Copy the Services except where incidental to normal use
• Rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the Services
• Make alterations to or modifications of the whole or any part of the Services
• Disassemble, decompile, reverse-engineer, or create derivative works based on the Services
• Provide or make available the Services in whole or in part to any person without prior written consent

We are committed to protecting your data and comply with applicable data protection laws, including:

• Ghana Data Protection Act, 2012 (Act 843)
• EU General Data Protection Regulation (GDPR)
• Nigeria Data Protection Regulation (NDPR)

Our Privacy Policy and Cookie Policy are incorporated into these Terms by reference.

Security Measures

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures.

Data Processing Agreement

For enterprise customers, we offer Data Processing Agreements (DPAs) that outline specific data processing terms. Contact your account manager for more information.

Communication Consent

You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the telephone number and email address you provide. You may opt-out of marketing communications by following the unsubscribe options we provide.

9.1 Uptime Commitment

We strive to maintain high availability:

• API Services: 99.9% uptime (excluding scheduled maintenance)
• Dashboard: 99.5% uptime
• SMS Delivery: Best-effort (carrier-dependent)

9.2 Scheduled Maintenance

We will provide at least 72 hours' notice for scheduled maintenance. Emergency maintenance may be required for security or stability; we will notify you as soon as practical.

9.3 Support Response Times

We employ advanced risk modeling to detect fraudulent activity across our services. This includes:

• Monitoring for unusual transaction patterns
• Cross-referencing against industry fraud blacklists
• Detecting compromised credentials
• Identifying suspicious account behavior

Fraudulent transactions may be immediately cancelled after detection. If we reasonably suspect that your account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your account, and any of your transactions with law enforcement agencies.

You should be aware that receipt of payment to your account does not necessarily mean that transactions cannot be reversed. We reserve the right to reverse a payment if the payer or their bank has charged back or otherwise reversed the payment.

You represent and warrant to us that:

• You are at least 18 years of age
• You are eligible to register and use the Services
• You have the right, power, and ability to enter into and perform under these Terms
• Any information you provide is accurate and truthful
• You and all transactions initiated by you will comply with all applicable laws and regulations
• You will not use the Services for any fraudulent undertaking
• Your use of the Services will be in compliance with these Terms

12.1 No Warranties

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SENDEXA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant or guarantee that the services will be accurate, reliable, or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted, error-free, without defect, or secure; or that any defects or errors will be corrected.

12.2 Liability Caps

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDEXA'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

12.3 Exclusions

WE WILL NOT BE LIABLE FOR:

• Indirect, incidental, or consequential damages
• Lost profits, revenue, or business opportunities
• Damages resulting from your reliance on our services
• Third-party actions or inactions
• Force majeure events (natural disasters, war, etc.)

12.4 Carrier Responsibilities

Message delivery depends on third-party telecom carriers. We do not guarantee delivery times or success rates for any specific message.

You agree to indemnify, defend, and hold harmless Sendexa and its processors (and their respective employees, directors, agents, affiliates, and representatives) from any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys' fees) arising out of:

• Your breach of these Terms
• Your Content or data submitted through our services
• Your violation of any third-party rights
• Your violation of any law, rule, or regulation
• Your wrongful or improper use of the Services

14.1 Termination by You

You may cancel your account at any time through your dashboard or by contacting support. No refunds will be provided for prepaid credits unless otherwise required by law.

14.2 Termination by Us

We may suspend or terminate your account:

• For cause, immediately upon notice for violations of these Terms
• With 30 days' notice for any reason
• Without notice if required by law or legal order
• If you breach any condition and fail to rectify within a timeframe agreed between both parties
• If you are in violation of any law or regulation applicable to your use of our Services
• If we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing, or other criminal activity

14.3 Effect of Termination

Upon termination:

• Your right to access our services ceases
• You remain responsible for any outstanding fees
• We may (but have no obligation to) delete your information and account data stored on our servers
• Certain provisions will survive termination (Limitation of Liability, Indemnification, Intellectual Property)

If your account is subject to a reserve, termination will not affect our right to hold the reserve and make deductions therefrom for the agreed time.

15.1 Governing Law

Notwithstanding anything herein contained, this Agreement is subject to the laws of the Republic of Ghana, including the Data Protection Act 2012 (Act 843), the Electronic Transactions Act, 2008 (Act 772), the Electronic Communications Act 2008 (Act 775), and any amendments in force.

15.2 Arbitration

Any dispute or difference whatsoever between the parties which may arise out of or in connection with this Agreement shall be referred to arbitration and determined under the provisions of the Ghana Arbitration Act, 2010 (Act 798) or any statutory modification thereof. The Arbitration shall be held in Accra, Ghana.

15.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You may not bring class action or representative claims against us.

15.4 Injunctive Relief

Notwithstanding the above, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

We do not warrant that our Services will be compatible with your mobile device or browser. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer and network provider.

You may not use a modified device to access our Services if the modification is contrary to the manufacturer's software or hardware guidelines, including disabling hardware or software controls sometimes referred to as "jail broken" or "rooted" devices.

17.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any incorporated agreements, constitute the entire agreement between you and Sendexa.

17.2 Amendments

We may amend or revise these Terms at any time with notice that we deem reasonable. We will notify you of material changes via email or dashboard notification. Your continued use after notice constitutes acceptance.

17.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect. If anything herein is irreconcilable with applicable law, the affected Party shall be entitled to claim any loss incurred.

17.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right.

17.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger or sale of assets.

17.6 Notices

Notices will be sent to the email address on file for your account. You are responsible for keeping your email current. Electronic disclosures and notices have the same effect as paper copies.

17.7 Ideas Submission

You may submit comments or ideas about our Services ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction. We are free to use the Idea without any additional compensation to you.

For questions about these Terms, please contact us: