These terms govern access to and use of the KIYA Communications SMS gateway, dashboard, APIs, and related services. By creating an account or sending a message through KIYA, you agree to these terms.
Last updated · 02 September 2024These Terms of Service (the “Terms”) form a binding agreement between KIYA Communications, a company registered in the Republic of Seychelles with its registered office in Victoria, Mahé (“KIYA”, “we”, “us”), and the person or entity that registers an account or sends messages through our services (“Customer”, “you”). Together with our Privacy Policy and any order form or signed agreement, these documents form the “Agreement”.
KIYA provides a global SMS gateway that routes messages submitted via API or dashboard to mobile network operators worldwide, together with delivery reporting, analytics, sender management, and related tooling (the “Service”). We may add, modify, or discontinue features over time. Material reductions in functionality will be communicated in advance where reasonably possible.
You agree not to use the Service to send, transmit, or facilitate any of the following:
You must respect STOP, UNSUBSCRIBE, and equivalent opt-out keywords in every supported language and stop all marketing traffic to a recipient who opts out, within the timeframe required by law (and in any case within 24 hours).
You represent and warrant that you have a lawful basis for sending each message: prior express consent for marketing where required, a legitimate transactional basis for OTP and service messages, and complete records of how that consent was obtained. You will provide such records to KIYA and to operators on reasonable request, including in the event of complaints.
Some destination countries restrict alphanumeric sender IDs and require pre-registration, dedicated short codes, long codes, or 10DLC numbers. You agree to provide truthful registration information, to comply with operator-specific rules, and to use sender IDs that accurately identify your brand. KIYA may reject or replace sender IDs that do not comply with destination-country requirements.
SMS is delivered over third-party mobile networks. KIYA does not guarantee that every individual message will be delivered, undamaged, or within a particular timeframe. We do commit to commercially reasonable efforts to maintain platform availability and to publish a Service Level Agreement (SLA) for uptime to enterprise customers under separate cover. Delivery receipts reflect what carriers report and may not always reflect handset-level delivery.
Personal data submitted through the Service is processed in accordance with our Privacy Policy. Where we act as your processor for personal data of your end users, the standard data processing terms incorporated by reference (available on request from [email protected]) apply. You remain responsible for the lawfulness of the data you submit and the messages you send.
We may rate-limit, throttle, suspend, or terminate traffic, an account, or specific routes, with or without notice, where we reasonably believe it is necessary to:
Where the issue is curable, we will work with you in good faith to restore service.
KIYA retains all rights, title, and interest in the Service, including the platform, APIs, documentation, and trademarks. You retain all rights to your content. You grant KIYA the limited right to process your content solely to provide and improve the Service, to detect abuse, and to comply with law.
Each party warrants that it has the authority to enter into the Agreement and will comply with applicable laws. Except as expressly set out in the Agreement, the Service is provided “as is” and “as available”. KIYA disclaims all other warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption. Each party’s total aggregate liability arising out of or related to the Agreement will not exceed the amounts paid by you to KIYA in the twelve (12) months preceding the event giving rise to the claim. Nothing in this section limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded under applicable law.
You will defend, indemnify, and hold harmless KIYA from any third-party claims, fines, or losses arising out of: (a) the content of messages you send through the Service; (b) your breach of the Acceptable Use section; (c) your violation of recipient consent or telecommunications laws; or (d) your infringement of any third-party rights.
The Agreement starts when you create an account or sign an order form and continues until terminated. Either party may terminate for material breach not cured within 30 days of notice. KIYA may terminate immediately if required to comply with law or operator demands, or in cases of repeated or egregious abuse. On termination, you will pay all outstanding fees and stop using the Service. Sections that by their nature should survive (including IP, liability, indemnity, and governing law) survive termination.
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and provide reasonable notice through the dashboard or by email. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
The Agreement is governed by the laws of the Republic of Seychelles, without regard to conflict-of-law rules. Disputes will be submitted to the exclusive jurisdiction of the courts of Victoria, Mahé, except that either party may seek injunctive relief in any court with competent jurisdiction. Where local law gives consumers or other parties non-waivable rights, this clause does not affect those rights.