Terms of Service

By accessing or using NigeriaSMS services, including our website, APIs, dashboard, and messaging platform (collectively, the "Services"), you agree to be bound by these Terms of Service. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use our Services.

To use NigeriaSMS, you must:

• Be at least 18 years of age.

• Be a registered business entity or authorized representative of one in Nigeria.

• Provide accurate and complete registration information.

• Maintain the security of your account credentials.

• Comply with all applicable Nigerian laws and regulations, including NCC and NDPR requirements.

NigeriaSMS provides business messaging services including but not limited to:

• Bulk SMS: Mass messaging delivery across all Nigerian mobile networks.

• OTP SMS Gateway: One-time password delivery for authentication and verification.

• Voice Call API: Automated voice calls for notifications and IVR systems.

• WhatsApp Business API: Business messaging through WhatsApp channels.

• RCS Messaging: Rich communication services with interactive content.

• Missed Call Verification: Identity verification through missed call OTP.

• Email Marketing: Professional email campaign management and delivery.

Service availability and features may vary. We reserve the right to modify, suspend, or discontinue any Service with reasonable notice.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must:

• Use a strong, unique password for your NigeriaSMS account.

• Enable two-factor authentication when available.

• Immediately notify us of any unauthorized access or security breach.

• Not share your API keys or access tokens with unauthorized parties.

NigeriaSMS is not liable for any loss or damage arising from your failure to protect your account credentials.

Your use of our Services is subject to our Acceptable Use Policy. You agree not to use our Services for any unlawful, abusive, or prohibited purpose.

We reserve the right to suspend or terminate your account immediately if we determine that your use violates our Acceptable Use Policy or these Terms.

• All prices are listed in Nigerian Naira (₦) unless otherwise stated.

• Payment is due upon invoice or as specified in your service agreement.

• We accept payment via bank transfer, debit/credit card, and approved digital payment methods.

• Prepaid credits expire 12 months from the date of purchase unless otherwise agreed.

• We reserve the right to modify pricing with 30 days advance notice.

• Failure to make timely payments may result in service suspension.

• Refunds are processed in accordance with our refund policy. Unused credits are non-refundable unless required by law.

In compliance with NCC regulations, all Sender IDs must be registered and approved before use. You agree to:

• Submit accurate business documentation for Sender ID verification.

• Use only approved Sender IDs for messaging.

• Not impersonate other businesses or organizations through Sender IDs.

• Comply with NCC guidelines on alphanumeric Sender ID usage.

Sender ID approval typically takes 24-48 business hours. NigeriaSMS is not responsible for delays caused by regulatory review.

While we strive for the highest delivery rates, we cannot guarantee 100% message delivery due to factors beyond our control, including:

• Network congestion or outages on carrier networks.

• Invalid or inactive recipient phone numbers.

• Carrier-level spam filtering or DND (Do Not Disturb) lists.

• Regulatory restrictions on certain message types.

Delivery reports are provided on a best-effort basis. Our Service Level Agreement (SLA) details our delivery commitments and remedies.

All intellectual property rights in the Services, including software, APIs, documentation, trademarks, and content, belong to NigeriaSMS or our licensors.

You retain ownership of content you transmit through our Services. By using our Services, you grant NigeriaSMS a limited license to process your content solely for the purpose of providing the Services.

To the maximum extent permitted by Nigerian law:

• NigeriaSMS shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

• Our total liability for any claim arising from these Terms shall not exceed the fees paid by you in the 12 months preceding the claim.

• We are not liable for losses caused by network operator failures, force majeure events, or your violation of these Terms.

You agree to indemnify and hold harmless NigeriaSMS, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Services.

• Your violation of these Terms or applicable laws.

• Content you transmit through the Services.

• Your infringement of any third-party rights.

Either party may terminate these Terms:

• You may close your account at any time through your dashboard or by contacting support.

• We may suspend or terminate your account for violation of these Terms with or without notice.

• Upon termination, your right to use the Services ceases immediately.

• We will retain your data for 30 days after termination, after which it will be permanently deleted unless required by law.

These Terms are governed by the laws of the Federal Republic of Nigeria. Any disputes shall be resolved through:

• Negotiation: Good faith discussions between the parties for 30 days.

• Mediation: If negotiation fails, through mediation under the Lagos Multi-Door Courthouse.

• Arbitration: If mediation fails, through binding arbitration in Lagos under the Arbitration and Mediation Act 2023.

The courts of Lagos, Nigeria shall have exclusive jurisdiction for any matters not subject to arbitration.

We may update these Terms from time to time. Material changes will be communicated via email and dashboard notification at least 30 days before they take effect. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

For questions about these Terms, contact us at:

• Email: legal@nigeriasms.net

• Address: 14 Kofo Abayomi Street, Victoria Island, Lagos, Nigeria 101241

• Phone: +260-97-8511820