Last updated: May 2025

Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the MobileSasa CSP Platform (“Platform”), provided by MobileSasa Limited (“MobileSasa”, “we”, “us”, or “our”), a company incorporated in Kenya. By registering for or using the Platform, you (“Subscriber” or “you”) agree to be bound by these Terms.

1. Definitions

• Platform — the MobileSasa CSP managed infrastructure service, including all software, APIs, and documentation.
• Subscriber — the legal entity or individual that registers for and uses the Platform.
• End Users — your customers or employees who access the white-label portal provisioned for you.
• Content Service Provider (CSP) — a licensee of the Communications Authority of Kenya authorised to provide SMS, USSD, and shortcode services.
• Subscription — the paid monthly licence to access the Platform on a selected plan.

2. Service Description

MobileSasa provides a managed, multi-tenant platform that enables Subscribers to operate as Content Service Providers. The Platform provisions isolated Docker-based infrastructure including SMS and USSD APIs, bulk campaign tooling, carrier worker integrations, and a white-label customer-facing portal.

We hold a CSP licence issued by the Communications Authority of Kenya. Subscribers benefit from this licence for the purposes of using the Platform to deliver messaging services. Subscribers bear full responsibility for compliance with all applicable laws in their jurisdiction and with carrier requirements for the traffic they originate.

3. Registration and Account

You must provide accurate and complete information when registering. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You must notify us immediately of any unauthorised access at [email protected].

You must be at least 18 years of age and authorised to bind the legal entity on whose behalf you are registering.

4. Subscriptions and Payment

Subscriptions are billed monthly in advance in Kenyan Shillings (KES). Payment is processed through PesaPay. Your subscription renews automatically unless cancelled before the renewal date.

If payment is not received by the due date, the Platform enters a 3-day grace period during which services continue to run but warnings are displayed. After the grace period, services are suspended until payment is confirmed. Data is retained for 30 days after suspension before permanent deletion.

All fees are non-refundable except where required by Kenyan consumer protection law or where the Platform is unavailable due to our fault for more than 24 consecutive hours.

5. Service Levels

Uptime is measured monthly, excluding scheduled maintenance (notified at least 48 hours in advance) and outages caused by carrier networks, DNS providers, or force majeure events. Service credits for SLA breaches are limited to one month's subscription fee.

6. Acceptable Use

Your use of the Platform is subject to our Acceptable Use Policy. You must not use the Platform to send unsolicited commercial messages, violate CA regulations, or engage in any activity that could harm the reputation or infrastructure of MobileSasa or its carrier partners.

7. Subscriber Responsibilities

You are solely responsible for:

• The content of all messages sent through the Platform.
• Obtaining and maintaining any licences or registrations required in your jurisdiction.
• Ensuring your End Users have consented to receive communications.
• Maintaining valid carrier credentials (SMPP/REST) for your chosen provider workers.
• Configuring DNS records to point to our platform IP/hostname as instructed.

8. Intellectual Property

MobileSasa retains all intellectual property rights in the Platform, software, and infrastructure. You retain all rights in your data and the data of your End Users. Nothing in these Terms transfers ownership of any intellectual property.

9. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party. This obligation survives termination of these Terms for a period of 3 years.

10. Suspension and Termination

We may suspend or terminate your account immediately if:

• You breach these Terms or the Acceptable Use Policy.
• Your use poses a security risk to the Platform or other subscribers.
• We are required to do so by law or regulatory order.
• Payment remains outstanding for more than 7 days after the grace period.

You may terminate your subscription at any time from your billing dashboard. Termination takes effect at the end of the current billing cycle. We will delete your data within 30 days of account closure.

11. Limitation of Liability

To the maximum extent permitted by Kenyan law, MobileSasa's aggregate liability for any claim arising under these Terms is limited to the total fees paid by you in the three months preceding the event giving rise to the claim.

MobileSasa is not liable for indirect, incidental, consequential, or punitive damages, including but not limited to lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

12. Indemnification

You agree to indemnify and hold harmless MobileSasa, its directors, employees, and agents from any claim, loss, or expense (including legal fees) arising from your use of the Platform, your breach of these Terms, or any claim made by your End Users.

13. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Kenya. Any dispute shall be resolved first through good-faith negotiation and, if unresolved within 30 days, through arbitration in accordance with the Arbitration Act (Cap 49), seated in Nairobi, Kenya.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be notified by email at least 14 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

15. Contact

For questions about these Terms, contact us at [email protected] or in writing to MobileSasa Limited, Nairobi, Kenya.