Terms of Service - Hamia SMS

Welcome to Hamia SMS. These Terms of Service ("Terms") govern your access to and use of the Hamia SMS platform, website, services, APIs, and related tools (collectively, the "Service"). By creating an account or using Hamia SMS, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using Hamia SMS, you confirm that you are at least 18 years old and legally capable of entering into a binding agreement. If you do not agree with these Terms, you must not use our services.

2. Description of Service

Hamia SMS provides bulk SMS messaging services that allow individuals, businesses, organizations, institutions, and event organizers to send SMS messages to recipients through our platform.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice.

3. Account Registration

To use certain features of the Service, you must create an account.

You agree to:

Provide accurate and complete information during registration.
Keep your login credentials secure.
Be responsible for all activities conducted under your account.
Notify Hamia SMS immediately if you suspect unauthorized access to your account.

Hamia SMS shall not be liable for losses resulting from unauthorized use of your account.

4. Acceptable Use Policy

Users may only use Hamia SMS for lawful and legitimate communication purposes.

You agree NOT to use the Service to:

Send spam, unsolicited messages, or bulk messages without recipient consent.
Promote fraudulent, misleading, or deceptive schemes.
Distribute malware, viruses, or harmful content.
Send messages containing hate speech, harassment, threats, or illegal content.
Violate any applicable laws, regulations, or telecommunications rules.
Impersonate another person, business, or organization.
Engage in activities that may damage the reputation or operation of Hamia SMS.

Any violation may result in immediate account suspension or termination without refund.

5. Sender ID Approval

All custom Sender IDs are subject to review and approval.

Hamia SMS reserves the right to reject, suspend, or revoke any Sender ID that:

Violates applicable laws.
Infringes trademarks or intellectual property rights.
Misrepresents a person or organization.
May confuse recipients or telecom operators.

Approval of a Sender ID does not transfer ownership rights to the user.

6. User Data and Recipient Consent

You are solely responsible for obtaining lawful consent from recipients before sending SMS messages.

You represent and warrant that:

You have the legal right to contact all recipients.
Your contact lists were obtained lawfully.
Your messaging activities comply with applicable privacy and telecommunications regulations.

Hamia SMS is not responsible for user-generated recipient lists or messaging content.

7. SMS Credits and Payments

To access SMS services you will need to purchase credits in advance.

Credits purchased are non-refundable except where required by law.
SMS credits cannot be exchanged for cash.
Hamia SMS may update pricing at any time.
Users are responsible for verifying message costs before sending campaigns.

Unused credits remain available in the account unless otherwise stated.

8. Message Delivery

Hamia SMS will make reasonable efforts to ensure message delivery.

However, delivery is not guaranteed due to factors beyond our control, including:

Mobile network operator restrictions.
Recipient device availability.
Invalid phone numbers.
Network outages or technical failures.

9. Content Responsibility

Users are solely responsible for all content transmitted through the Service.

Hamia SMS does not monitor every message sent through the platform but reserves the right to investigate suspected violations and cooperate with law enforcement when required.

10. Suspension and Termination

We may suspend or terminate accounts without notice if:

These Terms are violated.
Fraudulent activity is detected.
Payment disputes occur.
The Service threatens system integrity or legal compliance.

Termination does not relieve users of outstanding obligations owed to Hamia SMS.

11. Intellectual Property

The Hamia SMS platform, software, logos, branding, and related materials are the property of Hamia Digital and are protected by intellectual property laws.

Users may not copy, modify, distribute, reverse engineer, or exploit any part of the Service without written permission.

12. Privacy

Our collection and use of information are governed by our Privacy Policy.

By using the Service, you consent to the collection, storage, and processing of information necessary to provide and improve the Service.

13. Limitation of Liability

To the maximum extent permitted by law, Hamia SMS shall not be liable for:

Lost profits.
Business interruption.
Loss of data.
Indirect or consequential damages.
Message delivery failures caused by third parties.

The total liability of Hamia SMS shall not exceed the amount paid by the user for the affected Service during the preceding three months.

14. Indemnification

You agree to indemnify and hold harmless Hamia SMS, its employees, partners, and affiliates from any claims, damages, liabilities, losses, or expenses arising from:

Your use of the Service.
Your violation of these Terms.
Your messaging activities.
Claims made by message recipients.

15. Changes to These Terms

Hamia SMS may update these Terms from time to time.

Updated versions will be published on the website and become effective immediately upon posting. Continued use of the Service constitutes acceptance of the revised Terms.

16. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the United Republic of Tanzania.

Any disputes arising from these Terms shall be subject to the jurisdiction of the courts of Tanzania.

17. Contact Information

If you have questions regarding these Terms, please contact:

Hamia SMS

Email: sms@hamiadigital.com
Call/WhatsApp: +255749987122

By using Hamia SMS, you acknowledge that you have read, understood, and agreed to these Terms of Service.