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 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 and NetOne subscribers only. Other networks may be added or removed at our discretion, and support for a given network may be suspended at any time due to circumstances beyond our control, including changes imposed by carriers or regulators.

2.5 SMS Pop does not provide contact lists for users to send messages. You are responsible for maintaining your own contact data and obtaining all necessary consents from recipients.

3.1 Sender ID registration is not instant. All Sender ID applications are subject to review and approval by the relevant mobile network operators and, where applicable, telecommunications regulators. Processing times are outside our control and are not guaranteed to complete within any specific timeframe.

3.2 We do not guarantee that any Sender ID application will be approved. Carriers may reject, suspend, or revoke a Sender ID at any time, for any reason, including non-compliance with their own naming, content, or registration policies, and we will not be liable for any such rejection, suspension, or revocation.

3.3 Message content, including content sent under an approved Sender ID, remains subject to ongoing review by carriers and regulators. Carriers may filter, delay, block, or refuse to deliver messages they consider to violate their own acceptable use policies, regardless of whether the content complies with these Terms.

3.4 You are solely responsible for ensuring that your chosen Sender ID and message content comply with applicable carrier requirements and Zimbabwean law. We reserve the right to reject, suspend, or request changes to any Sender ID application or message content at our discretion, including before submission to a carrier.

4.1 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

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

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

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

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

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

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

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

5.6 Credits are consumed for messages submitted to a carrier for delivery, whether or not the carrier ultimately delivers the message to the recipient's handset, except where non-delivery is solely and directly attributable to a verified fault in our own systems.

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

6.2 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.

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

7.1 SMS Pop uses third-party services, including mobile network operators (such as Econet and NetOne), for message delivery. Your use of the Service is subject to the technical requirements and acceptable use policies of these third parties, which may change without notice to us.

7.2 We are not responsible for the performance, reliability, availability, delivery timing, or delivery success of these third-party services. Delivery speed, formatting, and message success rates may vary between carriers and are outside our control.

7.3 Carriers may impose outages, maintenance windows, rate limits, or technical restrictions at any time. We will make reasonable efforts to notify affected users of known, prolonged disruptions but are not obligated to do so and are not liable for losses arising from such disruptions.

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

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

8.2 We may also suspend your account, or a specific Sender ID, if a carrier notifies us of non-compliance, abuse, or excessive complaints associated with your traffic, without prior notice, in order to protect the Service and our carrier relationships.

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

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

9.1 We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to carrier or network outages, changes to carrier policies or connectivity, power or internet infrastructure failures, acts of government or regulators, natural disasters, labor disputes, or other events of force majeure.

9.2 The Service is provided "as is" and "as available." We do not warrant that the Service, or delivery of any message through it, will be uninterrupted, error-free, or completed within any particular timeframe.

10.1 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.

10.2 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.

10.3 We are not responsible for any delays, failures, rejections, or other issues with message delivery, Sender ID approval, or content filtering that arise from the acts or policies of a carrier, regulator, or other third party beyond our reasonable control.

11.1 You agree to indemnify and hold harmless Farnux Labs, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Service; (b) content you send through the Service; (c) your violation of these Terms or applicable law; or (d) any dispute between you and a message recipient or third party arising from your use of the Service.

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

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

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

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

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

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

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

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

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

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

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

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