These Terms of Service (“Terms”) govern your access to and use of the websites, software, and services (collectively, the “Services”) provided by XYRA TECH (registered in Kenya as Business Name BN-B8S6JE3Q), including Xyra Bulk SMS (bulksms.xyratechnology.co.ke) and Xyra Airtime. By creating an account or using any Service you agree to these Terms.

1. Acceptance of Terms

By accessing or using the Services you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a company or organisation, you represent that you have authority to bind that entity.

2. Description of Services

XYRA TECH provides bulk SMS messaging, airtime & data top-up tooling, and custom software development for businesses operating in Kenya and the broader East African market. Specific features and limits depend on the plan you select.

3. Accounts & Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at hello@xyratechnology.co.ke if you suspect unauthorised use.

4. Acceptable Use & Code of Ethics

The Services rely on upstream mobile network operators (Safaricom, Airtel, Telkom) and a licensed aggregator. To protect subscribers and our infrastructure, you agree not to use the Services to:

Spam — send messages to recipients who have not requested them.
Send unsolicited messages or services other than what the recipient subscribed to, even if not chargeable.
Wrongfully subscribe customers to any service.
Sell, buy, transmit, copy, relay, communicate or share personal data or databases of subscribers to or from any third party, in whole or in part.
Misuse promotional or transactional sender IDs (e.g. sending promotional content through a transactional ID, or vice versa).
Impersonate any person, brand, or sender ID you do not own or are not authorised to use.
Send phishing, fraudulent, abusive, defamatory, obscene, or unlawful content.
Distribute malware, conduct denial-of-service attacks, or attempt to compromise our infrastructure or that of our upstream operators.
Violate the Communications Authority of Kenya (CAK) regulations, the Kenya Information and Communications Act, the Data Protection Act 2019, or any other applicable law.

Breach of any of the above will result in immediate suspension and may trigger the liquidated damages set out in section 10.

5. SMS, Sender ID & MNO Compliance

All Alphanumeric Sender IDs are subject to approval by us and by the Kenyan mobile network operators via our licensed aggregator. Registration typically takes up to two (2) working days and approval is not guaranteed; sender IDs may be rejected or revoked by an operator at any time without notice.

You confirm that:

Every recipient has expressly opted in to receive your messages and you can produce proof of consent on request.
Every promotional message includes a clear opt-out instruction (e.g. “Reply STOP”).
You will provide efficient customer support to your own recipients and handle their complaints and queries directly.
You will, on request, share with us any information relating to subscriber complaints or queries arising from your campaigns.
You are solely responsible for the content of every message sent under your account.

6. Data Protection (Customer Lists)

When you upload recipient phone numbers or other personal data to the Services, you are the data controller and we act as data processor on your instructions. You warrant that:

You have lawfully collected the data in line with the Data Protection Act 2019, the regulations issued thereunder, and any applicable code of ethics.
You will not use the data to send recipients any unsolicited messages.
You will not transmit, copy, relay, communicate, sell or buy any personal data to or from third parties.
You will indemnify XYRA TECH against all claims, fines, or liabilities arising from your handling of subscriber data, including upstream charges levied by our aggregator or any MNO.

How we handle your account data is described in our Privacy Policy.

7. Payments, Credits & Refunds

The Bulk SMS service operates on a strict prepaid basis. SMS credits must be purchased before sending and are consumed per message and per network as displayed in the dashboard at the time of sending. Unused credits do not expire but are non-transferable and non-refundable except as required by law. Refunds for verified service failures attributable solely to us are processed back to the original payment method within 14 business days.

8. Intellectual Property

The Services, including all software, trademarks, and content (excluding your user-generated content), are owned by XYRA TECH and its licensors. You retain all rights to messages, contacts, and content you upload, and grant us a limited licence to process them solely to deliver the Services.

9. Suspension & Termination

We may suspend or terminate your account immediately, without notice and without refund of unused credits, if you breach these Terms, if continued provision of the Services would expose us to legal, regulatory, or commercial risk, or if directed to do so by a mobile network operator or by our upstream aggregator. You remain liable for any costs, charges, or liquidated damages incurred during the period leading up to suspension. You may close your account at any time from your dashboard settings.

10. Liquidated Damages & Indemnity

Our upstream aggregator and the Kenyan mobile network operators impose financial penalties on us for breaches of the rules set out in sections 4–6 above. You agree that these penalties are passed on to you as liquidated damages, which you accept as a fair and reasonable pre-estimate of the loss suffered. In particular:

KES 40,000 per sender ID, per incident, for any spamming event traced to your account (including but not limited to messages sent without recipient consent, unsolicited promotional content under a transactional sender ID, or use of unverified databases).
Plus any additional fines, suspension fees, or recovery costs charged to us by an MNO, the aggregator, the Communications Authority of Kenya, or the Office of the Data Protection Commissioner in connection with your activity.

In any spamming dispute, you will be required to produce proof of recipient consent (e.g. opt-in records, timestamps, source of subscription) within 5 working days of our request. Failure to produce such proof is treated as confirmation of the breach.

Liquidated damages are payable in cash, M-Pesa, or cleared funds within 14 days of demand and are without prejudice to any other rights or remedies available to us. You further agree to fully indemnify and hold harmless XYRA TECH, its directors and employees from any third-party claim arising out of your use of the Services.

11. Disclaimers & Warranties

The Services are provided “as is” and “as available”. We do not warrant uninterrupted or error-free operation. Message delivery depends on mobile network operators outside our control.

12. Limitation of Liability

To the maximum extent permitted by law, XYRA TECH's aggregate liability arising out of or relating to the Services shall not exceed the amounts you paid to us in the three (3) months immediately preceding the event giving rise to the claim. Nothing in these Terms limits your obligation to pay liquidated damages under section 10.

13. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be notified by email or via an in-app banner at least 14 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Reach us at hello@xyratechnology.co.ke.