Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Zend messaging platform, including our website, dashboard, APIs, and related services (collectively, the "Service"), operated by Zend from Accra, Ghana ("Zend", "we", "us", or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or organisation, you represent that you have authority to bind that entity, and "you" refers to that entity. You must be at least 18 years old to use the Service. If you do not agree to these Terms, do not use the Service.

Zend is a communications platform that lets you send programmatic messages — such as one-time passwords (OTPs), transactional alerts, and notifications — to recipients over SMS, WhatsApp, voice, and email. The Service is provided through a web dashboard and REST API and includes features such as sender IDs, message templates, delivery tracking, webhooks, and analytics.

We may add, change, suspend, or remove features of the Service at any time.

To use the Service you must register for an account and provide accurate, current, and complete information. You are responsible for:

• maintaining the confidentiality of your account credentials and API keys;
• all activity that occurs under your account or through your API keys; and
• promptly notifying us of any unauthorised use or suspected breach of security.

We are not liable for any loss arising from unauthorised use of your account. You may not share, sell, or transfer your account to another party without our written consent.

You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws and regulations, including telecommunications, anti-spam, consumer-protection, and data-protection laws. You must not, and must not permit any third party to:

• send unsolicited, bulk, or spam messages, or messages to recipients who have not consented to receive them;
• send content that is unlawful, fraudulent, deceptive, defamatory, obscene, or that infringes the rights of others;
• distribute malware, phishing links, or attempt to obtain sensitive information under false pretences;
• impersonate any person or entity, or use a sender ID you are not authorised to use;
• circumvent message filtering, rate limits, opt-out mechanisms, or carrier requirements;
• interfere with, disrupt, or attempt to gain unauthorised access to the Service or its infrastructure; or
• use the Service in violation of the policies of any carrier, aggregator, or channel provider, including WhatsApp/Meta.

We may investigate suspected violations and may remove content, block messages, or suspend accounts that we reasonably believe violate these Terms.

You are solely responsible for obtaining and maintaining all necessary consents from the recipients you message, and for keeping records of that consent. You must honour opt-out requests promptly and, where required, provide recipients with a clear way to stop receiving messages. You must not message recipients who have opted out, and you are responsible for the content of every message you send through the Service.

Messages delivered through third-party channels and carriers — including mobile network operators, SMS aggregators, voice providers, email infrastructure, and WhatsApp/Meta — are subject to those parties' terms, policies, and approval processes. Sender IDs, templates, and certain content may require registration or pre-approval, and may be filtered, delayed, or rejected by carriers or channel providers for reasons outside our control. You agree to comply with all such requirements.

The Service is billed on a prepaid basis. You purchase credits (denominated in Ghana Cedis, ₵) that are consumed when you send messages, at the rates shown in your dashboard for each channel and destination. Certain features may be offered under subscription plans.

• All fees are exclusive of applicable taxes, which you are responsible for paying.
• Purchased credits are non-refundable except where required by law.
• A message that fails due to your error (for example, an invalid recipient or unapproved content) may still consume credits.
• We may change our pricing prospectively, with notice through the dashboard or website.

The Service, including all software, designs, text, and trademarks, is owned by Zend and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service in accordance with these Terms.

You retain ownership of the content you submit ("Your Content"). You grant us a licence to host, process, and transmit Your Content solely to provide and improve the Service. You must not copy, modify, reverse-engineer, or create derivative works of the Service.

The Service integrates with third-party services such as carriers, WhatsApp/Meta, payment processors, and cloud providers. We are not responsible for the availability, performance, or acts of these third parties, and their services are governed by their own terms.

We aim to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. We may perform maintenance, and the Service may be affected by factors outside our control, including third-party carriers and networks. We provide support through the channels listed on our website.

You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay, create risk or legal exposure for us, or use the Service in a way that could harm recipients, carriers, or the platform. Upon termination, your right to use the Service ends immediately, and unused credits may be forfeited where termination results from your breach. Provisions that by their nature should survive — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive termination.

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that messages will be delivered, delivered on time, or delivered to the intended recipient. Message delivery depends on third parties and networks outside our control.

To the maximum extent permitted by law, Zend and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service. Our total aggregate liability for any claim relating to the Service will not exceed the amount you paid to us for the Service in the three (3) months preceding the event giving rise to the claim.

You agree to indemnify and hold harmless Zend and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, Your Content and the messages you send, your violation of these Terms or applicable law, or your infringement of the rights of any third party, including recipients.

We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the Republic of Ghana, without regard to conflict-of-laws principles. You agree that the courts of Ghana will have jurisdiction over any dispute arising out of or relating to these Terms or the Service, subject to any right to seek injunctive relief in a court of competent jurisdiction.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Zend regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be provided through the dashboard, email, or our website.

If you have questions about these Terms, contact us at legal@tryzend.com.