TOSTerms of Service

OkaySMS Terms of Service (TOS)

Last Update: [ 20th March 2025 ]

Welcome to OkaySMS. These Terms of Service (“Terms,” “Agreement”) govern your access to and use of our website, products, and services. By creating an account, accessing, or using OkaySMS, you agree to comply with these Terms in full. If you do not agree, you may not use our services.

Our goal at OkaySMS is to provide reliable, compliant, and innovative messaging and marketing solutions. To maintain a safe, transparent, and fair platform for all users, please read these Terms carefully.

1. Acceptance of Terms

By accessing or using OkaySMS, you confirm that you:

• Have read, understood, and agreed to these Terms.

• Are at least 18 years old or of legal age in your jurisdiction.

• Have the authority to bind your organization, if using OkaySMS on behalf of a business.

• Consent to the collection, storage, and processing of your data as outlined in our Privacy Policy.

Failure to comply with these Terms may result in suspension or termination of your account.

2. Services Provided by OkaySMS

OkaySMS offers a wide range of communication and marketing solutions, including but not limited to:

• Bulk SMS Messaging with Sender ID support.

• SMS API Integration for businesses, apps, and websites.

• Campaign Management Tools for tracking and optimizing messages.

• Digital Marketing Services such as video and corporate branding.

• Customer Engagement Tools for alerts, reminders, and promotions.

These services may evolve over time. OkaySMS reserves the right to modify, enhance, or discontinue any service, with or without notice.

3. User Responsibilities

When using OkaySMS, you agree to:

1. Provide Accurate Information – Ensure all registration, billing, and contact details are truthful and current.

2. Maintain Security – Keep your login credentials secure and notify us immediately of unauthorized account use.

3. Comply With Laws – Follow all applicable regulations (e.g., anti-spam laws, data privacy laws, consumer protection laws).

4. Respect Messaging Rules – Do not send messages containing:

   • Spam or bulk unsolicited content.

   • Fraudulent, misleading, or deceptive offers.

   • Illegal, harmful, abusive, or offensive material.

   • Sensitive personal data without proper consent.

5. Use Responsibly – Avoid excessive use that could disrupt our systems or negatively affect other users.

Violation of these responsibilities may lead to account suspension, message blocking, or legal action.

4. Prohibited Uses

You may NOT use OkaySMS for:

• Spam Campaigns – Sending unsolicited promotions without explicit consent.

• Fraudulent Activities – Phishing, scams, impersonation, or misrepresentation.

• Harmful Messaging – Harassment, hate speech, or messages promoting violence.

• Illegal Transactions – Marketing of banned substances, unlicensed gambling, or prohibited goods/services.

• Unauthorized Access – Hacking, scraping, or attempting to bypass OkaySMS security systems.

Any prohibited use may result in immediate termination without refund.

5. Account Registration and Management

• Registration: To use OkaySMS, you must create an account with valid details.

• Verification: In some cases, identity verification may be required to comply with telecom and regulatory requirements.

• Account Ownership: The account is non-transferable. You are fully responsible for all activities under your login credentials.

• Suspension: Accounts may be suspended if there are violations, overdue payments, or suspicious activities.

6. Payment, Billing, and Refunds

• Billing: OkaySMS services are prepaid unless otherwise agreed. Payment is required before sending messages or accessing premium features.

• Methods: We accept various payment options (bank transfer, mobile money, credit/debit cards, etc.).

• Pricing: Costs depend on the selected plan, SMS volume, and destination network charges.

• Refund Policy:

  • Refunds are only issued for unused credit when requested within 7 working days.

  • No refunds for campaigns already delivered or in progress.

  • Transaction fees are non-refundable.

• Taxes: Users are responsible for paying applicable taxes in their jurisdiction.

7. Message Delivery & Service Availability

• OkaySMS works with third-party telecom providers to deliver messages.

• We cannot guarantee 100% delivery, as success depends on:

  • Recipient’s device status.

  • Network operator restrictions.

  • Regulatory compliance.

• Downtime: While we strive for maximum uptime, occasional maintenance or service interruptions may occur.

OkaySMS is not liable for losses resulting from message delays, failures, or interruptions beyond our control.

8. Data Privacy and Security

Your privacy is a top priority.

• Data Collection: We collect only the data necessary to provide services (e.g., contact details, campaign logs).

• Storage: User data is stored securely and encrypted where applicable.

• Usage: Data will never be sold or shared without consent, except where required by law.

• Confidentiality: Message content remains private and will not be accessed by unauthorized parties.

Refer to our Privacy Policy for full details.

9. Intellectual Property Rights

• Ownership: OkaySMS owns all software, branding, tools, and platform features.

• User Content: You retain ownership of content (messages, campaigns, media) uploaded via OkaySMS but grant us a license to process and deliver it.

• Restrictions: You may not copy, reverse-engineer, resell, or redistribute OkaySMS systems or code without written consent.

10. Compliance with Regulations

You agree to comply with:

• Telecommunications Laws (e.g., CAK in Kenya or equivalent regulators globally).

• Anti-Spam Regulations (such as GDPR, CAN-SPAM Act, etc.).

• Data Protection Laws in your jurisdiction.

Failure to comply may result in account suspension and reporting to regulatory authorities.

11. Limitation of Liability

To the maximum extent permitted by law:

• OkaySMS is not responsible for indirect, incidental, or consequential damages.

• Our liability is limited to the total fees paid by you in the last 3 months.

• We are not liable for losses due to:

  • Telecom operator failures.

  • Unauthorized account access.

  • Service downtime beyond our control.

  • Errors in user-provided message content.

12. Indemnification

You agree to indemnify and hold OkaySMS, its employees, and partners harmless from any claims, damages, or expenses arising from:

• Violation of these Terms.

• Misuse of OkaySMS services.

• Infringement of third-party rights (e.g., copyright, data protection).

13. Termination of Service

We may suspend or terminate your account if:

• You breach these Terms.

• Payments are overdue.

• Fraudulent or prohibited use is detected.

• Requested by regulatory authorities.

Upon termination:

• Access to your account will be revoked.

• Any remaining credit may be forfeited if due to violations.

14. Changes to Terms

OkaySMS may update these Terms at any time to reflect changes in law, services, or business practices. Updates will be posted on the website, and continued use after changes constitutes acceptance.

15. Governing Law and Dispute Resolution

• These Terms are governed by the laws of [Insert Jurisdiction, e.g., Republic of Kenya].

• Any disputes will first attempt resolution through negotiation.

• If unresolved, disputes will be handled through arbitration or the competent courts in the stated jurisdiction.

“At OkaySMS, clear and fair guidelines help us provide a safe, reliable, and efficient service. This Terms of Service page explains your rights, responsibilities, and how we operate our platform.”