1. The agreement
These Terms of Service (the “Terms”) form a binding agreement between Beep Africa Technologies Limited, a company registered in Kenya (“Beep Africa”, “we”, “us”), and the person or organisation using our services (“Customer”, “you”).
By creating an account, using our website, dashboard, API or SMPP services, or paying for any service, you accept these Terms and our policies, including the Acceptable Use & Anti-Spam Policy, Sender ID & Content Policy, Privacy Policy, Data Protection & Retention Policy and Credit & Refund Policy. If you accept on behalf of an organisation, you confirm you are authorised to bind it.
A signed order form or service agreement with us takes priority over these Terms where they conflict.
2. Definitions
- Services: our messaging and business services, including bulk SMS, WhatsApp Business API, Telegram, OTP, USSD, short codes, voice and IVR, airtime, email marketing, Business Workspace, bookings, e-signature and AI agents, and the related dashboard, API and SMPP access.
- Credit: prepaid value in your account wallet used to pay for Services.
- Sub-user: a user account created under your main account.
- Operator: a mobile network operator or messaging platform (such as Safaricom, Airtel, Telkom or Meta) that carries messages.
- Customer Data: contact lists, message content and other data you submit to the Services.
3. Your account
- Provide accurate registration and KYC information and keep it up to date.
- Keep usernames, passwords, API keys and SMPP credentials confidential. You are responsible for all activity in your account and sub-users, including messages sent with your credentials.
- Use the security features available, such as sub-user permissions and IP restrictions, and tell us immediately if you suspect unauthorised access.
- You must be at least 18 years old and able to enter a binding contract.
4. The Services
We provide the Services described on our website and in any order form. We may improve, change or discontinue features, giving reasonable notice of changes that materially reduce the Services you pay for.
Message delivery depends on Operators and on recipients’ devices and networks, which are outside our control. We will route messages using reasonable care, but we don’t guarantee that every message will be delivered or delivered within a particular time. Our availability targets and support commitments are set out in our Service Levels & Support Policy.
5. Your obligations
- Comply with all applicable laws, including the Kenya Information and Communications Act, the Data Protection Act, 2019, the Computer Misuse and Cybercrimes Act, 2018, consumer protection and advertising law, and Operator and Meta policies.
- Obtain and record all consents needed for the messages you send, and honour opt-outs promptly.
- Ensure your content is lawful, accurate and not misleading, and that you have the rights to everything you send.
- Not resell, sublicense or provide the Services to third parties unless you have a written reseller agreement with us.
- Not reverse-engineer, overload, probe or interfere with the Services, except as permitted under our bug bounty programme.
6. Sender IDs, short codes and WhatsApp
Sender IDs and short codes are registered with Operators on your behalf and remain subject to Operator approval and rules. Operators may approve, refuse, suspend or withdraw them at any time. WhatsApp Business services are also subject to Meta’s terms and policies, which you agree to follow. Registration fees are payable once the work is done, whether or not an Operator approves a request.
7. Fees, credit and payment
- Prices are as shown on our website, in your dashboard or in your order form. SMS prices include VAT; other services are quoted excluding VAT unless stated otherwise.
- Most Services are prepaid. Credit is deducted as you use the Services. Postpaid accounts must pay invoices within the agreed period.
- Every payment receives a KRA eTIMS invoice. You are responsible for any withholding or other taxes applicable to you.
- We may change prices on reasonable notice. Operator price increases may be passed on with shorter notice where Operators impose them.
- Refunds are governed by our Credit & Refund Policy. Late payments on postpaid accounts may lead to suspension.
8. Customer Data and data protection
You own your Customer Data. You grant us the rights needed to host, process and transmit it to provide the Services. For Customer Data that is personal data, you are the data controller and we are your data processor: we will process it only on your documented instructions, keep it confidential and secure, use only sub-processors bound by similar obligations, assist you with data subject requests and notify you of personal data breaches without undue delay, as described in our Data Protection & Retention Policy.
9. Confidentiality
Each party will keep the other’s non-public business, technical and pricing information confidential and use it only to perform this agreement, except where disclosure is required by law or a regulator.
10. Intellectual property
We and our licensors own all rights in the Services, our software, documentation, brand and website. We grant you a limited, non-exclusive, non-transferable right to use the Services and our API during your subscription. Feedback you give us may be used freely to improve the Services.
11. Suspension and termination
We may suspend or restrict the Services, in whole or in part, immediately if we reasonably believe you have breached these Terms or our policies, if an Operator or regulator requires it, to prevent fraud, spam or harm, or for security reasons. We will tell you why unless the law prevents us.
You may close your account at any time. Either party may terminate for material breach not remedied within 14 days of notice. On termination, unused credit is handled under our Credit & Refund Policy, and you may export your data for 30 days, after which we may delete it.
12. Warranties and disclaimers
We will provide the Services with reasonable skill and care. Except as expressly stated in these Terms, the Services are provided “as is” and “as available”, and we exclude all other warranties to the extent the law allows, including any warranty that the Services will be uninterrupted or error-free.
13. Limitation of liability
Nothing in these Terms limits liability that cannot be limited by law, including for fraud or death or personal injury caused by negligence.
Subject to that, neither party is liable for indirect or consequential loss, or for loss of profits, revenue, business or goodwill. Our total liability under or in connection with these Terms in any 12-month period is limited to the fees you paid us for the Services in the three months before the event giving rise to the claim.
We are not liable for failures caused by Operators, Meta or other third-party networks, or by events outside our reasonable control.
14. Indemnity
You will indemnify Beep Africa against claims, fines, penalties and reasonable costs arising from your content, your messages, your breach of these Terms or our policies, or your breach of law, including Operator or regulator penalties caused by your traffic.
15. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, such as network or power failures, natural disasters, civil unrest, government action or failures of Operators. Payment obligations are not excused.
16. Changes to these Terms
We may update these Terms from time to time. We will give at least 14 days’ notice of material changes by email or in the dashboard. Continuing to use the Services after the change takes effect means you accept the updated Terms.
17. Governing law and disputes
These Terms are governed by the laws of Kenya. The parties will first try to resolve any dispute through good-faith negotiation between senior representatives within 30 days. If it is not resolved, either party may refer it to mediation, and failing that, the dispute will be subject to the exclusive jurisdiction of the courts of Kenya.
18. General
- Notices to us must be sent to our registered office or to the contact details below; notices to you may be sent to the email address on your account.
- Assignment: you may not transfer this agreement without our written consent. We may transfer it to a group company or a successor to our business.
- Entire agreement: these Terms, our policies and any order form are the whole agreement between us on their subject.
- Severability: if any provision is unenforceable, the rest remains in effect.
- No waiver: failing to enforce a right does not waive it.
Contact us
Beep Africa Technologies Limited, 1st Floor, Studio House, Marcus Garvey Road, Kilimani, Nairobi (opposite chaka place).
Phone and WhatsApp: +254 725 333 888 · Contact form