Terms of Service

1. Agreement and Acceptance

This Agreement becomes effective on the date you accept these terms. Competitors may access our Services only with prior written consent and may not use the Services for benchmarking purposes without authorization.

2. Important Notice

We provide powerful communication tools at affordable prices and expect all customers to use them responsibly. If you send unauthorized SMS, email, or other electronic communications through our platform, we reserve the right to impose penalties, suspend services, recover damages, or take any action permitted by applicable law.

3. Definitions

• mNotify, We, Us, Our: mNotify, a communications service provider registered in Ghana.
• You, Your: The individual or organization accepting this Agreement.
• Affiliate: Any entity directly or indirectly controlled by or under common control with you.
• User: Any authorized person granted access to the Services through your account.
• Service: Any service or platform functionality provided by mNotify.
• Your Data: Any content, information, personal data, or intellectual property submitted through the Services.

4. Changes to These Terms

We may modify this Agreement from time to time by publishing updated terms on our website or notifying you via email. Continued use of the Services after the effective date of any update constitutes acceptance of the revised terms.

5. Eligibility

You must be at least eighteen (18) years old to use our Services. By using the Services, you represent and warrant that you meet this requirement and will comply with all applicable laws and regulations.

6. Free Accounts

Account registration is free and may include limited complimentary credits for testing purposes. Free subscriptions are provided on an "as-is" basis and may be modified or withdrawn at our discretion.

7. User Accounts and Security

• Only registered users may access the Services.
• Each user account must have a unique password.
• You are responsible for maintaining account confidentiality.
• You must immediately notify us of any unauthorized use of your account or security breach.
• You remain responsible for all activities conducted through your account, whether authorized or not.

8. Pricing and Payments

Service pricing is published on our website and may change periodically. You agree to pay all applicable fees, taxes, and charges associated with your use of the Services.

• Online purchases may require valid mobile money, debit card, or credit card details.
• Enterprise and agency subscriptions may be invoiced separately according to agreed commercial terms.
• We reserve the right to suspend access where payment obligations are not fulfilled.

9. Refund Policy

Except where required by law, all purchases are final and payments are non-refundable. If you believe you have been charged incorrectly, you must submit a claim with supporting evidence within seven (7) days of the transaction.

10. Termination

We may suspend or terminate your account immediately if you violate these Terms, our Privacy Policy, intellectual property laws, data protection laws, or any applicable regulations governing your use of the Services.

11. Force Majeure

Neither party shall be liable for failure or delay in performing obligations due to events beyond reasonable control, including natural disasters, strikes, civil unrest, war, governmental actions, or interruptions in infrastructure and communications networks.

12. Our Responsibilities

• Provide access to the Services.
• Provide customer and technical support when reasonably available.
• Use commercially reasonable efforts to maintain service availability except during planned maintenance or circumstances beyond our control.
• Implement appropriate security measures to protect the confidentiality, integrity, and accessibility of your data.
• Process your data only as required to provide the Services.

13. Your Responsibilities

• Ensure your data is accurate, lawful, and up to date.
• Prevent unauthorized access to your account.
• Use the Services in compliance with applicable laws and regulations.
• Ensure all communications sent through the platform comply with local legal requirements.

14. Prohibited Activities

You may not:

• Store or distribute unlawful, infringing, or harmful content.
• Disrupt or interfere with the Services.
• Attempt unauthorized access to systems or infrastructure.
• Send irrelevant, misleading, or unsolicited communications.
• Violate any applicable privacy, consumer protection, or communications regulations.

15. Campaign Content and Distribution

You are solely responsible for all campaigns, messages, and communications distributed through the Services. You must ensure compliance with all applicable laws in every jurisdiction where communications are sent.

You agree to indemnify and hold mNotify harmless against claims, losses, damages, and legal costs resulting from your content or communications.

16. Service Availability

You acknowledge that service interruptions, capacity limitations, network failures, and delivery issues may occur due to internet infrastructure, third-party providers, or telecommunications operators.

17. Intellectual Property

All intellectual property rights in the Services remain the exclusive property of mNotify and its licensors. Except as expressly granted in this Agreement, no rights are transferred to you.

18. Your Content

You retain ownership of your campaigns and data. You grant us a limited license to host, process, transmit, display, and adapt such content solely as necessary to provide the Services.

19. Confidentiality

Both parties agree to protect confidential information disclosed during the course of the relationship and use such information only as necessary to perform obligations under this Agreement, except where disclosure is required by law.

20. Restricted Communications

To protect platform integrity and message deliverability, you may not send:

• Communications that violate applicable laws.
• Sexually explicit content.
• Hateful, discriminatory, or offensive content.
• Fraudulent, deceptive, or misleading messages.

Violations may result in immediate account suspension, termination, forfeiture of account balances, and other legal remedies available to us.

21. Contact Information

If you have questions regarding these Terms of Service, please contact us at support@mnotify.com.