Terms of Service

1. Parties and Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Digital Hope Technologies Limited, trading as TumaSend ("we", "us", or "our"), a company registered in Malawi. By registering for, accessing, or using the TumaSend platform and its associated services, you confirm that you have read, understood, and agree to be bound by these Terms in full.

If you are accepting these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity. If you do not have such authority, you must not accept these Terms or use the platform.

We reserve the right to update these Terms at any time. We will notify registered users of material changes by email or by displaying a notice within the platform. Continued use of the platform after such notice constitutes acceptance of the revised Terms.

2. Description of Services

TumaSend is a business communications platform that enables organisations to send and receive messages across multiple channels, including SMS (Short Message Service), WhatsApp Business messaging, transactional email, USSD (Unstructured Supplementary Service Data) interactive sessions, and one-time password (OTP) verification services. The platform provides a unified application programming interface (API), a web-based dashboard, analytics and reporting tools, developer utilities, and associated billing and account management facilities.

Services are provided on a credit-based, pay-as-you-grow model. Specific channel availability, pricing, and feature access depend on your current subscription plan and any applicable regulatory requirements in your operating territory.

3. Eligibility and Account Registration

You must be at least 18 years of age and legally capable of entering into contracts under the laws of Malawi to create an account. The platform is intended for business use. By registering, you confirm that the information you provide is accurate, complete, and current.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at legal@tumasend.com if you suspect any unauthorised access to or use of your account.

Accounts are subject to our Know Your Customer (KYC) verification process. Access to certain features, including custom sender IDs and USSD shortcode services, requires successful KYC approval before they become available.

4. Acceptable Use

You agree to use TumaSend solely for lawful purposes and in accordance with these Terms. You must not use the platform to:

• Send unsolicited messages (spam) or communications to individuals who have not given their consent to receive them;
• Transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable;
• Impersonate any person, organisation, or entity, or otherwise misrepresent your identity or affiliation;
• Facilitate or promote phishing, fraud, scams, or any form of deception;
• Transmit malware, viruses, or any code designed to damage or interfere with systems;
• Harvest, collect, or process personal data of recipients in violation of applicable data protection laws, including the Malawi Electronic Transactions and Cybersecurity Act and any successor data protection legislation;
• Circumvent or attempt to circumvent any technical or administrative controls, rate limits, or security measures;
• Resell or sublicense access to the platform without our prior written consent;
• Use the platform in any manner that could damage our reputation or that of our network operator partners.

We reserve the right to suspend or terminate your account without notice if we determine, at our sole discretion, that you have violated these acceptable use requirements or if continued service would pose a risk to the integrity of our network, our users, or third parties.

5. Messaging Compliance and Consent

You are solely responsible for ensuring that all recipients of messages sent through TumaSend have provided valid, informed, and documented consent to receive communications from you through the relevant channel. This obligation applies to all message types, including promotional, transactional, and OTP messages.

You must honour all opt-out requests promptly. Any recipient who requests to stop receiving messages must be removed from your contact lists without undue delay. Continued sending to opted-out recipients may result in immediate account suspension.

For USSD shortcode services, you must comply with all conditions, directions, and regulations issued by the Malawi Communications Regulatory Authority (MACRA) and any relevant network operators. You are responsible for maintaining all necessary licences and approvals.

6. Credits, Billing, and Payment

All services are provided on a prepaid credit basis unless otherwise agreed in writing. Credits must be purchased before use and are applied at the rates applicable to your current plan at the time of each transaction.

All payments are processed by Paychangu, a third-party payment service provider. A payment processing fee of 3% applies to all transactions and is charged in addition to the published credit price. By making a payment, you agree to Paychangu's terms and conditions.

Credits are non-refundable except where required by applicable Malawian consumer protection law. Credits have no cash value, may not be transferred between accounts, and will expire if your account is suspended or terminated for violations of these Terms.

We reserve the right to modify pricing with reasonable notice. Changes to credit pricing will be communicated at least 14 days in advance via email or dashboard notification.

7. Intellectual Property

All intellectual property in the TumaSend platform, including software, interfaces, documentation, trademarks, and brand assets, is owned by or licensed to Digital Hope Technologies Limited. Nothing in these Terms grants you any right, title, or interest in our intellectual property other than a limited, non-exclusive, non-transferable licence to use the platform as described herein.

You retain all rights to the content, contact data, and materials you upload or transmit through the platform. By using the platform, you grant us a limited licence to process that content solely to the extent necessary to provide the services described in these Terms.

8. Limitation of Liability

To the fullest extent permitted by the laws of Malawi, Digital Hope Technologies Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of profit, loss of data, or business interruption, arising from your use of or inability to use the platform, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising out of or related to these Terms or the use of our services shall not exceed the total amount paid by you to us in the three months preceding the event giving rise to the claim.

We do not guarantee message delivery. Delivery depends on factors outside our control, including network operator availability, recipient device status, and regulatory restrictions. We are not liable for failed, delayed, or undelivered messages.

9. Service Availability and Changes

We aim to provide a reliable service but do not guarantee uninterrupted availability. We may perform scheduled or emergency maintenance, which may temporarily affect service availability. We will endeavour to provide advance notice of planned maintenance where reasonably practicable.

We reserve the right to modify, add, or remove features of the platform at any time. For material changes that adversely affect your use of the platform, we will provide reasonable advance notice.

10. Termination

You may close your account at any time by contacting us at legal@tumasend.com. We may suspend or terminate your account immediately and without notice if you breach these Terms, if your account poses a security risk, if required by law or a regulatory authority, or if providing services to you becomes commercially unfeasible.

On termination, your access to the platform and any remaining credits will cease. We will retain data in accordance with our Privacy Policy and applicable legal obligations.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Malawi. Any dispute arising out of or in connection with these Terms shall first be referred to good-faith negotiation between the parties. If negotiation does not resolve the dispute within 30 days, either party may refer the matter to the courts of Malawi, which shall have exclusive jurisdiction.

12. Contact

For any questions about these Terms, please contact our legal team at legal@tumasend.com.