Terms of Service

1. Agreement to Terms

By accessing and using the SMS Platform service operated by Webzilla Creators ("Business", "we", "us", or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Webzilla Creators.

If you do not agree to these Terms, you must not access or use our service. By creating an account or using our service, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Service Description

Our SMS Platform provides bulk SMS messaging services, contact management, campaign automation, analytics, and related telecommunications services. We facilitate the delivery of SMS messages through various carrier networks and providers.

Our services include but are not limited to: single and bulk SMS sending, contact list management, message templates, campaign scheduling, delivery reports, API access, and compliance tools.

3. Account Registration and Security

To use our service, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Ensuring your contact information remains current

We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity.

4. Acceptable Use Policy

You agree to use our service only for lawful purposes and in accordance with these Terms. You must not:

• Send unsolicited commercial messages (spam)
• Send messages containing illegal, harmful, or offensive content
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Send messages to recipients who have not consented
• Use the service for phishing, fraud, or deceptive practices
• Attempt to breach our security measures
• Send messages containing malware or viruses

5. Consent and Compliance

You are solely responsible for ensuring that you have proper consent from all recipients before sending SMS messages. This includes:

• Obtaining explicit consent for marketing communications
• Providing clear opt-out mechanisms in your messages
• Maintaining records of consent
• Complying with local telecommunications regulations
• Honoring opt-out requests immediately

You indemnify us against any claims arising from your failure to obtain proper consent or comply with applicable regulations.

6. Billing and Payment

Our service operates on a prepaid credit system. You must maintain sufficient account balance to send messages. Payment terms include:

• All prices are in Kenyan Shillings (KES) unless otherwise stated
• Credits are consumed when messages are successfully delivered
• Unused credits expire 12 months after purchase
• Invoice payments are due within 14 days
• Failed delivery refunds are processed automatically
• No refunds for successfully delivered messages

7. Service Availability

While we strive for high availability, we cannot guarantee 100% uptime. Our service may be temporarily unavailable due to:

• Scheduled maintenance
• Emergency repairs
• Carrier network issues
• Force majeure events

We will provide reasonable notice for scheduled maintenance when possible.

8. Data and Privacy

We take data protection seriously. Your use of our service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You retain ownership of your contact data and message content.

We may retain message delivery logs and account information as required by law or for service operation purposes.

9. Limitation of Liability

To the maximum extent permitted by law, Webzilla Creators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Our total liability for any claim arising from or relating to these Terms or our service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Termination

Either party may terminate this agreement at any time. We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Fail to pay outstanding invoices
• Use the service for illegal purposes

Upon termination, you remain liable for all charges incurred before termination.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Kenya. Any disputes arising from these Terms or your use of our service shall be resolved in the courts of Kenya, specifically in Nairobi County.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or through our platform. Continued use of our service after changes constitutes acceptance of the new Terms.