Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Saccura Group (T) Limited, trading as "Sakura SMS" ("Company", "we", "us", or "our"), a company registered in the United Republic of Tanzania, governing your access to and use of the Sakura SMS platform, APIs, website, dashboard, mobile applications, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to that organization.

If you do not agree to these Terms, you must not access or use the Service.

The following terms have the meanings set forth below when used in these Terms:

• "Service" means the Sakura SMS communications platform, including the website at sakurasms.com, the customer dashboard, all APIs, SDKs, documentation, and related services provided by the Company.
• "User" means any individual or entity that registers for, accesses, or uses the Service, including account administrators, developers, and authorized team members.
• "Content" means any text, images, media, data, or other materials transmitted through the Service, including message content, templates, and uploaded files.
• "API" means the Application Programming Interfaces provided by the Company that allow programmatic access to the Service.
• "Platform" means the technical infrastructure, software, and systems operated by the Company to provide the Service.
• "API Key" means the unique authentication credentials issued to a User for accessing the API.
• "Sender ID" means the alphanumeric identifier or phone number used as the sender of messages transmitted through the Service.
• "End User" means any individual who receives messages sent by a User through the Service.

3.1 Registration Requirements

To use the Service, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information to keep it accurate
• Provide valid contact information, including a working email address and phone number

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials, API keys, and authentication tokens
• All activities that occur under your account, whether or not authorized by you
• Immediately notifying us of any unauthorized use of your account or any other breach of security
• Ensuring that all users with access to your account comply with these Terms

3.3 Account Security

We strongly recommend enabling two-factor authentication on your account. The Company shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

You agree to use the Service only for lawful purposes and in accordance with these Terms. The following activities are strictly prohibited:

4.1 Prohibited Content

• Spam: Sending unsolicited messages to recipients who have not explicitly opted in to receive communications from you.
• Phishing: Sending messages designed to deceive recipients into revealing personal information, credentials, or financial details.
• Illegal content: Transmitting any content that violates applicable laws, including but not limited to content promoting illegal drugs, weapons, or human trafficking.
• Harassment: Sending threatening, abusive, defamatory, or harassing messages to any individual.
• Deceptive practices: Misrepresenting your identity, using misleading Sender IDs, or impersonating another person or organization.
• Adult content: Sending sexually explicit or pornographic material without appropriate consent and age verification.

4.2 TCRA Violations

You must comply with all regulations issued by the Tanzania Communications Regulatory Authority (TCRA), including but not limited to:

• The Electronic and Postal Communications Act, 2010 and its amendments
• TCRA guidelines on unsolicited electronic communications
• Sender ID registration and usage requirements
• Content standards for commercial communications

4.3 Technical Restrictions

• You must not attempt to circumvent rate limits, security measures, or access controls
• You must not reverse engineer, decompile, or disassemble any part of the Service
• You must not use the Service to conduct denial-of-service attacks or other malicious activities
• You must not resell access to the Service without prior written authorization

5.1 API Access

Access to our APIs is granted through API Keys issued to your account. Each API Key is unique to your account and must be kept confidential. You are responsible for all activity that occurs using your API Keys.

5.2 Rate Limits

API usage is subject to rate limits that vary by account tier and current platform conditions. Applicable limits are communicated in your dashboard, in the API documentation, or in your service agreement, and may be adjusted by the Company to protect platform stability. Exceeding rate limits will result in HTTP 429 responses. Persistent abuse of rate limits may result in temporary or permanent suspension of API access.

5.3 Fair Use

All API usage is subject to our fair use policy. We reserve the right to throttle or suspend access if your usage patterns negatively impact the performance or availability of the Service for other users.

5.4 Service Availability

We use commercially reasonable efforts to keep the Service available and reliable. The Service is provided without any guaranteed uptime or service level unless expressly agreed in a separate written service level agreement signed by the Company. Scheduled and emergency maintenance, network operator outages, and events beyond our reasonable control may affect availability without liability.

As a user of the Service, you are responsible for ensuring that your messaging practices comply with all applicable laws and regulations, including:

6.1 TCRA Regulations

• All commercial SMS messages must include a clear opt-out mechanism
• Promotional messages may only be sent between 07:00 and 20:00 East Africa Time (EAT)
• You must maintain records of consent for all recipients of promotional messages
• Content must comply with TCRA content standards for electronic communications

6.2 Opt-In Requirements

You must obtain explicit, informed consent from recipients before sending any promotional messages. Valid consent requires:

• A clear and conspicuous disclosure of what the recipient is agreeing to receive
• An affirmative action by the recipient (pre-checked boxes do not constitute consent)
• Maintenance of auditable records demonstrating when and how consent was obtained
• A simple and free mechanism for recipients to withdraw consent at any time

6.3 Sender ID Rules

• All Sender IDs must be registered and approved through our platform before use
• Sender IDs must accurately represent the sending organization
• You must not use Sender IDs that impersonate government agencies, financial institutions, or other entities without authorization
• TCRA registration for Sender IDs typically takes 3-5 business days

6.4 Time Restrictions

Promotional and marketing messages must only be sent during permitted hours (07:00-20:00 EAT) unless the recipient has explicitly opted in to receive messages at other times. Transactional messages (order confirmations, OTPs, security alerts) are exempt from time restrictions.

7.1 The Company is a Technical Intermediary

The Service is a neutral technical platform that transmits Content on the instructions of Users. The Company does not originate, author, endorse, or verify any Content transmitted by Users, and acts solely as an intermediary and conduit between the User and the telecommunications networks that carry the User's messages. The User — not the Company — is the sender of every message transmitted through the User's account.

7.2 Sole Responsibility of the User

As between the Company, the User, and any End User, the User bears sole and exclusive responsibility for:

• The accuracy, legality, and appropriateness of all Content the User transmits through the Service;
• Obtaining, documenting, and honoring valid consent from every End User before messaging them, and honoring every opt-out promptly;
• The lawful collection and use of all recipient phone numbers and contact data the User uploads to or transmits through the Service;
• Any harm, loss, damage, cost, or claim suffered by an End User or any third party arising out of messages sent from the User's account, whether or not authorized by the User;
• Compliance with all laws and regulations applicable to the User's messaging, including consumer protection, data protection, and communications laws.

7.3 No Obligation to End Users; No Third-Party Beneficiaries

The Company has no contractual or other relationship with End Users and assumes no obligation, duty of care, or liability of any kind to any End User or other third party in respect of Content transmitted by Users. These Terms are for the sole benefit of the Company and the User; nothing in these Terms, express or implied, confers any right, benefit, or remedy on any End User or other third party. Any claim, complaint, or demand by an End User relating to a message — including its content, timing, frequency, or the consent under which it was sent — shall be directed to, and is the sole responsibility of, the User who sent it.

7.4 No Duty to Monitor; Right to Remove

The Company has no obligation to monitor, review, or moderate Content, but reserves the right (without assuming any duty) to refuse, block, quarantine, or remove any Content, Sender ID, or campaign that it reasonably believes violates these Terms, applicable law, network operator rules, or messaging platform policies, without notice and without liability to the User or any third party.

8.1 Roles of the Parties

For personal data of End Users and other recipient data that the User uploads to or transmits through the Service ("Customer Data"), the User is the data controller and the Company acts solely as a data processor, processing Customer Data only to provide the Service and on the User's documented instructions. For account data of Users themselves, the Company is the data controller as described in our Privacy Policy.

8.2 User Warranties

The User represents and warrants that:

• It has a lawful basis under the Personal Data Protection Act, 2022 (and any other applicable data protection law) for every item of Customer Data it uploads to or processes through the Service;
• It has provided all notices to, and obtained all consents from, End Users required for the Company to process Customer Data as contemplated by these Terms;
• It will not upload special categories of personal data (such as health or biometric data) through the Service unless expressly agreed with the Company in writing.

8.3 Security Responsibilities

The Company implements appropriate technical and organizational measures for the Platform as described in our Privacy Policy. The User is solely responsible for security within its own control, including the confidentiality of account credentials and API Keys, devices used to access the Service, and its own systems that connect to the API. The Company shall have no liability for any unauthorized access, disclosure, or data incident arising from the User's acts, omissions, systems, or compromised credentials.

8.4 Regulatory Fines and Passthrough

If any regulator, authority, network operator, or messaging platform imposes a fine, penalty, levy, or charge on the Company as a result of the User's Content, messaging practices, or breach of these Terms, the User shall reimburse the Company in full within 14 days of written demand, in addition to any other remedy available to the Company.

The User shall defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Any Content transmitted through the User's account;
• Any claim by an End User or other third party relating to messages sent by the User, including claims of missing or invalid consent, spam, defamation, deception, or breach of privacy or data protection law;
• The User's breach of these Terms, the Acceptable Use requirements, or any applicable law or regulation;
• The User's violation of any right of any third party;
• Unauthorized use of the Service arising from the User's failure to secure its credentials or systems.

This indemnity survives termination of these Terms and closure of the User's account.

10.1 Pay-As-You-Go Model

The Service operates on a prepaid, pay-as-you-go model. You purchase credits in advance, and message fees are deducted from your credit balance as messages are sent. Credits are denominated in Tanzanian Shillings (TZS).

10.2 Credit Purchases

• Credits can be purchased through the dashboard using supported payment methods, including mobile money (M-Pesa, Tigo Pesa, Airtel Money) and bank transfer
• Purchased credits do not expire
• Minimum credit purchase amounts may apply depending on the payment method
• All prices are quoted exclusive of applicable taxes unless otherwise stated

10.3 Pricing

Current pricing is published on our pricing page. We reserve the right to modify pricing with 30 days' prior written notice. Price changes do not affect credits already purchased.

10.4 Refund Policy

• Unused credits may be refunded within 30 days of purchase, minus a 5% processing fee
• Credits consumed for delivered messages are non-refundable
• Refund requests must be submitted in writing to billing@sakuragroup.co.tz
• Refunds are processed within 14 business days to the original payment method

11.1 Our Intellectual Property

The Service, including all software, APIs, documentation, designs, trademarks, logos, and other intellectual property, is owned by Saccura Group (T) Limited and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property beyond the limited license to use the Service as described herein.

11.2 Your Content

You retain all rights to the Content you transmit through the Service. By using the Service, you grant us a limited, non-exclusive license to process, store, and transmit your Content solely for the purpose of providing the Service.

11.3 Trademarks

"Sakura SMS", "Sakura Group", the Sakura logo, and other marks are trademarks of Saccura Group (T) Limited. You may not use our trademarks without prior written permission, except as necessary to accurately refer to our Service in a factual, non-misleading manner.

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, revenue, or business opportunities, arising out of or in connection with the Service.
• The Company shall have no liability whatsoever for: (a) Content transmitted by Users or the consequences of its delivery; (b) any claim by an End User or other third party arising from a User's messages; (c) delays, failures, or errors in message delivery caused by mobile network operators, messaging platforms, carrier filtering, or circumstances beyond our reasonable control; (d) loss or disclosure of data arising from the User's compromised credentials, systems, or personnel; or (e) the User's breach of its consent, opt-out, or other legal obligations.
• Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the total amount paid by you to the Company in the three (3) months preceding the event giving rise to the claim.
• No claim arising out of or related to these Terms or the Service may be brought more than twelve (12) months after the event giving rise to it.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud.

The Company shall not be liable for any failure or delay in performing its obligations under these Terms caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government action or regulation, power or telecommunications failures, network operator or messaging platform outages or policy changes, internet disturbances, and cyber attacks. Performance is suspended for the duration of such an event, and the Company shall resume performance as soon as reasonably practicable.

14.1 Termination by You

You may terminate your account at any time by contacting us or using the account closure option in your dashboard. Upon termination, your access to the Service will be revoked and your API Keys will be invalidated.

14.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You breach any provision of these Terms or our Acceptable Use Policy
• Your use of the Service poses a security risk to the Platform or other users
• We are required to do so by law, regulation, or order of a competent authority
• Your account has been inactive for more than 12 consecutive months
• You fail to pay outstanding fees or charges

14.3 Effect of Termination

Upon termination of your account:

• All rights and licenses granted to you under these Terms will immediately cease
• Any outstanding credit balance may be refunded in accordance with our refund policy, minus any amounts owed to us
• We may retain your data as required by law or as described in our Privacy Policy
• Provisions of these Terms that by their nature should survive termination shall remain in effect

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Republic of Tanzania, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation. You must contact us at legal@sakuragroup.co.tz with a detailed description of the dispute, and we will endeavor to resolve the matter within 30 days.

15.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms that cannot be resolved through informal negotiation shall be settled by binding arbitration administered in Dar es Salaam, Tanzania, in accordance with the Arbitration Act (Cap 15 R.E. 2002) of Tanzania. The arbitration shall be conducted in English by a single arbitrator mutually agreed upon by the parties.

15.4 Jurisdiction

For any matters not subject to arbitration, the courts of the United Republic of Tanzania located in Dar es Salaam shall have exclusive jurisdiction.

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Provide at least 30 days' notice before the changes take effect
• Notify you via email at the address associated with your account
• Display a notice in the dashboard upon your next login

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and close your account before the changes take effect.

If you have any questions about these Terms of Service, please contact us: