Terms of service.
The short version
- Only message people who agreed to hear from you, and always let them opt out.
- Use a sender name that belongs to you. Never pretend to be a bank, a mobile network, a payment service or the government.
- SMS credit is prepaid and doesn't expire while your account is open. Messages the network can't deliver are credited back.
- Email plans are prepaid monthly. If a paid plan ends you drop to the free plan, and your lists and campaigns stay.
- Keep your API keys secret. You're responsible for everything sent with them.
- Break the acceptable use rules and we can hold, block or stop your sending, without refunding what was misused.
This summary is here to help. It doesn't replace the full terms below, which are what apply.
- About these terms
- Words we use
- Your account
- Keeping your account safe
- What the Service includes
- Sender IDs
- Consent, opt-outs and quiet hours
- Email campaigns
- Acceptable use
- Reviews, holds and limits
- SMS credit and pricing
- Email plans
- Payments, refunds and chargebacks
- API keys and integrations
- Resellers and sub-accounts
- Delivery and availability
- Your data
- Ownership
- Confidentiality
- Suspension and closing
- Disclaimers
- Limits on liability
- Your responsibility to us
- Events outside our control
- Changes to the Service and these terms
- Law and disputes
- General
- Contact
1. About these terms
These terms of service ("Terms") are an agreement between you and Nkra ("Nkra", "we", "us", "our"). They cover our website, dashboard and application programming interface (API), and the messaging services we provide through them (together, the "Service").
By creating an account, signing in, sending a message or calling our API, you agree to these Terms. If you use the Service for a business or other organisation, you confirm you're authorised to accept these Terms for it, and "you" then means that organisation as well as you.
Our privacy policy explains how we handle personal data and forms part of these Terms. If you don't agree with these Terms, please don't use the Service.
2. Words we use
- Recipient: a person you send an SMS, one-time code or email to through the Service.
- Content: the text, links, files, names, numbers and email addresses you put into the Service.
- Credit: prepaid SMS units on your account. One credit sends one part of one SMS.
- Email plan: a monthly allowance of campaign emails, on the free plan or a paid plan.
- Sender ID: the name a recipient sees instead of a phone number.
- Live key / sandbox key: API keys that send real messages, or only simulate them.
- Delivery partners: the companies, including the mobile network operators, that carry messages to recipients.
- Service providers: companies that support how we run the Service, such as payment processing, hosting and email delivery.
3. Your account
- You must be at least 18 years old and able to enter a binding contract.
- Give true, complete and current details, including your business name, email address and phone number, and keep them up to date in Settings.
- One business may hold more than one account only with our agreement. Accounts can't be transferred without our written consent.
- You can sign up with an email and password, or with a supported third-party sign-in such as Google. If you do, that provider's own terms also apply to your account with them.
- We may ask for documents that confirm who you are or your business, such as a business registration certificate, before approving sender IDs, raising sending limits or releasing held messages.
4. Keeping your account safe
- Keep your password and sign-in codes private, and don't share your account with people outside your business.
- Everything done through your account, your sessions or your API keys is treated as done by you, until you tell us otherwise and we've had a reasonable chance to act.
- Tell us straight away through our support form if you think someone else has access, a key has leaked, or your account was used without permission. Replace any exposed API key in the dashboard at once.
- We may ask you to confirm a sign-in with a code sent to your email, and we may sign you out of sessions we think are at risk.
5. What the Service includes
Depending on what's available to your account, the Service lets you:
- send single and bulk SMS to mobile numbers in Ghana, straight away or at a scheduled time;
- send and check one-time codes (OTP) for logins and verification;
- build email lists and send email campaigns;
- manage contacts and groups, and import them from files;
- use our API, sandbox and developer tools to send from your own software;
- see delivery reports, usage and payment history; and
- for approved reseller accounts, run sub-accounts for your own customers.
Features shown as "coming soon", such as voice messages, aren't part of the Service until we make them available to you. We may add, change or remove features as described in section 25.
6. Sender IDs
- A sender ID must be your business name, a brand you own, or a name you're clearly authorised to use, and you must be able to prove that if asked.
- Sender IDs are reviewed by us and, where needed, by our delivery partners and the mobile networks. We may refuse, suspend or withdraw a sender ID, for example one that's misleading, generic, offensive, or looks like another organisation's name.
- How long approval takes depends partly on third parties. We aren't responsible for delays or refusals by the networks.
- Use an approved sender ID only for the purpose you described when you asked for it.
7. Consent, opt-outs and quiet hours
Only send messages to people who have clearly agreed to hear from you, or with whom you have an existing relationship where they'd reasonably expect the message, as Ghanaian law allows.
- Promotional messages must say who they're from and how to stop them, for example "Reply STOP to opt out" or an unsubscribe link.
- When someone asks you to stop, stop within 48 hours, and don't send them marketing again.
- We keep an opt-out list across the Service. Sends to numbers on it are skipped, except one-time codes the person asked for themselves.
- Don't send promotional SMS between 8pm and 7am unless the recipient asked you to.
- You must be able to show us, or a regulator, how and when each recipient agreed to hear from you.
- Transactional messages (receipts, delivery updates, appointment reminders, security codes) must not carry unrelated marketing.
For your recipients' personal data, you're the data controller. You're responsible for having a lawful basis to message them under the Data Protection Act, 2012 (Act 843).
8. Email campaigns
- Only email people who signed up for your emails, or who bought from you and didn't object. Never use bought, rented, shared or scraped lists.
- Every campaign includes an unsubscribe link and a one-click unsubscribe option. Don't remove, hide or work around them. We stop emailing anyone who unsubscribes from your list.
- Your subject line and sender name must not be misleading, and your emails must make clear who they're from.
- Unless you've verified your own domain with us, campaigns go out from a Nkra sending address under your business name, and replies go to the email address on your account.
- If you verify your own domain, keep its DNS records in place. Campaigns from a domain that stops verifying may be paused.
- High bounce or complaint rates harm delivery for every customer. If your list causes them, we may pause your campaigns, ask you to clean the list, or remove email access.
9. Acceptable use
You must not use the Service to send, or help anyone send:
- messages to people who haven't agreed to receive them (spam), or to bought, rented or scraped lists;
- fraud, scams or phishing, including fake prizes, fake promotions, fake mobile money reversals, fake job offers, and any request for PINs, passwords or one-time codes;
- messages that pretend to come from a bank, a mobile network, a payment service, a government body, an international organisation, or any person or business you don't represent;
- content about illegal goods or services, unlicensed betting, lending, investment or foreign exchange, pyramid or "money doubling" schemes, or anything else that breaks Ghanaian law;
- counterfeit goods, weapons, controlled drugs, or prescription medicines without a licence;
- hate speech, threats, harassment, bullying, or content that incites violence or discrimination;
- sexual content, or anything that exploits or endangers children;
- political messages that break electoral rules, or that impersonate parties, candidates or officials;
- malware, or links that hide where they go in order to deceive;
- content that infringes someone else's copyright, trademark or privacy.
You also must not:
- get around our limits, reviews, opt-out list or security, or test them without our permission;
- resell the Service except through a reseller account we've approved;
- alter messages to hide where they came from;
- use the Service in a way that harms the networks, our delivery partners, other customers or recipients;
- copy, reverse engineer or scrape the Service, or use it to build a competing service;
- use the sandbox to send real messages or to probe how the live system works.
10. Reviews, holds and limits
To protect recipients and keep the Service working for everyone, we may:
- automatically hold SMS sends or email campaigns that contain wording often used in scams, until someone on our team approves or blocks them. Blocked SMS sends are refunded;
- set a daily sending limit on new accounts, and raise it once we're satisfied the account is genuine;
- limit how fast, how often or how much you can send, through the dashboard or the API;
- review messages, sender ID requests, lists and account activity when we have reason to;
- skip numbers on the opt-out list, and email addresses that bounced or complained.
Holds and reviews are safety checks, not approval of your content. You stay responsible for everything you send.
11. SMS credit and pricing
- SMS and one-time codes are paid for with prepaid credit, bought in Ghana cedis. Current top-ups are shown in our pricing and in your dashboard. We may agree different prices with you, which then apply to your account only.
- One credit sends one part of one SMS. Messages over 160 characters, or over 70 when they contain emoji or special characters, are split into parts and use one credit per part, as explained in our API docs.
- Credit is taken when you send. Credit for a message the network reports as failed, expired or rejected goes back to your balance automatically.
- Credit doesn't expire while your account is open.
- We may change prices for future top-ups at any time. Credit you've already bought keeps its value.
- Sandbox sends never use credit.
12. Email plans
- Every account has a free email plan with a monthly allowance. Paid plans give a bigger allowance and more sending domains for the period you pay for: one, three or twelve months.
- Allowances reset on the first day of each calendar month, Ghana time. Unused emails don't carry over.
- An email counts against your allowance when a campaign is queued for that recipient. Emails cancelled before they go out are given back.
- Paid plans don't renew automatically. When a paid period ends you move to the free plan, and your lists, contacts and campaigns are kept.
- Buying more time on your current plan adds it to the end of your paid period.
- We may change plan prices and allowances for future purchases. A period you've already paid for keeps its terms.
13. Payments, refunds and chargebacks
- Payments are taken in Ghana cedis by mobile money or card through a licensed payment processor. We never see or store your full card number or your mobile money PIN.
- A top-up or plan is applied once the payment processor confirms the payment. If a payment fails or is abandoned, nothing is added.
- Except where these Terms say otherwise, payments are non-refundable and credit can't be exchanged for cash. This doesn't affect any rights you have under Ghanaian consumer law.
- If you were charged in error, tell us within 30 days and we'll put it right.
- If a payment is reversed or charged back, we may remove the matching credit or plan time, and suspend the account until the amount is settled.
- Prices include any taxes we have to charge unless we say otherwise. You're responsible for taxes on your own use and resale of the Service.
14. API keys and integrations
- Keep live API keys on your own servers. Don't put them in websites, mobile apps, public code repositories or messages. You're responsible for everything sent with your keys until you replace them in the dashboard.
- Sandbox keys are for building and testing. Messages sent with them aren't delivered, and we may limit or reset sandbox use.
- Follow our API documentation, including its guidance on retries, and don't overload the API.
- Callback addresses (webhooks) you give us must be under your control and use HTTPS.
- We may change the API. We'll give reasonable notice of changes that would break a correct integration, unless a change is urgently needed for security or legal reasons.
15. Resellers and sub-accounts
- We may approve your account as a reseller. Resellers can create sub-accounts for their own customers and move credit to and from them.
- You're responsible for your sub-accounts: that they follow these Terms, the credit you give them, and your own agreements with and support for your customers.
- Each sub-account holder also accepts these Terms when they sign in. We may suspend a sub-account directly if it breaks them.
- We may withdraw reseller status at any time. Existing sub-accounts then carry on as ordinary accounts.
16. Delivery and availability
We pass your messages to the mobile networks and email providers through our delivery partners, and show you the results they report back. Delivery depends on things outside our control, including the recipient's phone or inbox, network coverage, and the filtering rules of the networks and email providers. We don't guarantee that any message will be delivered, delivered by a particular time, or delivered in a particular order.
We work to keep the Service running and show its current state on our status page, but we don't promise it will be uninterrupted or error-free. We may carry out planned maintenance, and we'll try to give notice of anything likely to affect you.
17. Your data
- You keep ownership of your Content, including your contact lists and message text.
- You allow us to store, process and transmit your Content as needed to provide, protect and improve the Service, as set out in our privacy policy.
- You confirm you have the right to give us that permission, including any consent your recipients need to give.
- For your recipients' personal data, we act on your instructions as your processor. We only use it to provide the Service, keep it secure, and help you answer requests from the people it's about.
- You can export your messages and remove contacts at any time. When your account closes, we delete or anonymise your Content within a reasonable time, except records we must keep by law.
18. Ownership
Nkra, its name and logo, and the Service, including our website, dashboard, documentation and software, belong to us or our licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service while your account is in good standing, and no other rights in our intellectual property.
If you send us ideas or feedback, we may use them freely, with no obligation to you.
19. Confidentiality
Each of us will keep confidential the other's non-public information received through the Service, use it only for the purposes of these Terms, and protect it with reasonable care. This doesn't apply to information that's public, was already known, or must be disclosed by law. In that last case, the disclosing party will give notice where it lawfully can.
20. Suspension and closing
- You can close your account at any time by contacting us.
- We may suspend or close your account, block a send, or remove a sender ID, with or without notice, if you break these Terms, if the law, a regulator or a network requires it, if a payment is reversed, or if your use puts recipients, our partners or the Service at risk.
- Where it's reasonable and lawful, we'll tell you why and give you a chance to fix the problem first.
- If we close your account without you having broken these Terms, we'll refund your unused SMS credit to the payment method or mobile money number you used, where we can.
- If we close it because you broke sections 6 to 9, unused credit and plan time aren't refunded.
- Sections 13, 17 to 19 and 21 to 27 keep applying after your account closes.
21. Disclaimers
Apart from what these Terms expressly promise, the Service is provided "as is" and "as available". As far as the law allows, we make no other promises, including about fitness for a particular purpose, uninterrupted availability, delivery of any message, or the results of any campaign.
22. Limits on liability
Nothing in these Terms limits liability that the law doesn't allow to be limited, such as for fraud, or for death or personal injury caused by negligence. Apart from that:
- neither of us is liable to the other for indirect or consequential loss, or for lost profits, revenue, business, goodwill or data, even if it was foreseeable;
- we aren't liable for failures caused by the mobile networks, our delivery partners or other service providers, or by events described in section 24;
- our total liability to you for all claims arising from or connected with the Service is limited to the amount you paid us in the three months before the event that led to the claim.
23. Your responsibility to us
You'll cover our reasonable costs, losses, fines and legal fees if a claim is brought against us, or a regulator acts against us, because of your Content, the recipients you chose, messages sent from your account or with your keys, your sub-accounts, or your breach of these Terms or the law. We'll tell you promptly about any such claim and let you take part in handling it.
24. Events outside our control
We aren't responsible for delays or failures caused by events outside our reasonable control, including network or power outages, actions of mobile networks or regulators, failures of third-party services, cyber attacks, natural disasters, civil unrest, strikes or changes in the law.
25. Changes to the Service and these Terms
We may change the Service, and we may update these Terms. If a change to the Terms affects you significantly, we'll tell you by email or in the dashboard at least 14 days before it takes effect, unless it's needed sooner for legal or security reasons. If you don't agree, you can close your account before the change takes effect. If you keep using the Service after that, you accept the new Terms.
26. Law and disputes
These Terms are governed by the laws of the Republic of Ghana, including the Electronic Communications Act, 2008 (Act 775), the Electronic Transactions Act, 2008 (Act 772), the Data Protection Act, 2012 (Act 843) and the Cybersecurity Act, 2020 (Act 1038).
If there's a dispute, we'll first try to settle it with you directly. If we can't within 30 days, either of us may refer it to mediation in Accra and, if that doesn't resolve it, to the courts of Ghana.
27. General
- These Terms, the privacy policy and any written agreement we sign with you are the whole agreement between us about the Service.
- If any part of these Terms can't be enforced, the rest still applies.
- If we don't enforce a right straight away, we can still enforce it later.
- You may not transfer your rights under these Terms without our consent. We may transfer ours to a company that takes over the Service, and we'll tell you if we do.
- We may send notices to the email address on your account or show them in the dashboard. You can send notices to us through our support form.
- Nothing in these Terms creates a partnership, employment or agency relationship.
28. Contact
Questions about these Terms? Use our support form and we'll get back to you.