Terms of Use

1.1 You must be at least 18 years old and legally capable of forming a binding contract under Zimbabwean law to use SMS Pop.

1.2 If you are using the Service on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

1.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

2.1 SMS Pop provides cloud-based communication services that enable users to send and receive SMS messages through our platform.

2.2 You agree not to: (a) modify, adapt, or hack the Service; (b) resell, sublicense, or otherwise commercially exploit the Service; (c) use the Service to send spam, phishing messages, or any unsolicited commercial communications; (d) use the Service to harass, threaten, or harm others; (e) transmit any content that is unlawful, harmful, or infringes on intellectual property rights.

2.3 You acknowledge that SMS Pop relies on third-party providers (including telecommunications carriers) to deliver messages and that message delivery is not guaranteed.

2.4 SMS PoP is currently accepting econet subscribers only.

2.4 SMS PoP does not provide contacts for users to send SMSs.

3.1 You must comply with all applicable laws and regulations in Zimbabwe, including but not limited to:

• The Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) regulations
• The Data Protection Act [Chapter 11:12]
• The Cyber and Data Protection Act of 2021
• Any other relevant telecommunications and data protection laws

3.2 For messages sent to recipients outside Zimbabwe, you must comply with the laws of the recipient's country, .

3.3 You must obtain proper consent from message recipients and provide clear opt-out mechanisms in all communications.

4.1 SMS Pop operates on a prepaid credit system. Credits are sold in bundles and must be purchased before using the Service.

4.2 All payments must be made in United States Dollars (USD) or Zimbabwean Dollars (ZWL) as specified at the time of purchase.

4.3 Credits are non-refundable except as required by Zimbabwean law. Unused credits may expire after 12 months from purchase unless otherwise stated.

4.4 We reserve the right to change pricing at any time. Price changes will not affect existing credits.

4.5 You are responsible for all taxes, duties, and other governmental charges associated with your use of the Service.

5.1 Farnux Labs retains all rights, title, and interest in and to the SMS Pop Service, including all intellectual property rights.

5.2 You retain ownership of any content you submit through the Service, but grant us a worldwide, non-exclusive license to use, reproduce, and display such content as necessary to provide the Service.

5.3 You agree not to reverse engineer, decompile, or disassemble any aspect of the Service.

6.1 SMS Pop uses third-party services such as Econet for message delivery. Your use of these third-party services may be subject to additional terms.

6.2 We are not responsible for the performance, reliability, or availability of these third-party services.

6.3 Any integration with third-party services is at your own risk. You are responsible for maintaining the security of any API keys or credentials.

7.1 We may suspend or terminate your account immediately if we believe you have violated these Terms or applicable laws.

7.2 You may terminate your account at any time by contacting support. Any remaining credits will be forfeited upon termination.

7.3 Upon termination, all rights granted to you under these Terms will immediately cease.

8.1 To the maximum extent permitted by Zimbabwean law, Farnux Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

8.2 Our total liability for any claims under these Terms shall not exceed the amount you paid to us in the six months preceding the claim.

8.3 We are not responsible for any delays, failures, or other issues with message delivery that are beyond our reasonable control.

9.1 We collect and process personal data in accordance with our Privacy Policy and applicable Zimbabwean data protection laws.

9.2 You are responsible for ensuring that your use of the Service complies with data protection laws regarding the collection and processing of personal data.

9.3 You must implement appropriate technical and organizational measures to protect personal data processed through the Service.

10.1 We may modify these Terms at any time. We will provide notice of material changes through the Service or via email.

10.2 Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

10.3 If you do not agree to the modified Terms, you must stop using the Service.

11.1 These Terms shall be governed by and construed in accordance with the laws of Zimbabwe.

11.2 Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Zimbabwe.

11.3 Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at support@farnuxlabs.co.zw.

12.1 These Terms constitute the entire agreement between you and Farnux Labs regarding the Service.

12.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.