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Terms of Service

Effective date: 26 October 2026 · Last updated: 26 October 2026

These Terms of Service ("Terms") are an agreement between Mobitech Technologies Limited ("Mobitech", "we", "us") and the business or person that opens an account or uses our Services ("Client", "you"). They cover our website mobitechtechnologies.com, our Bulk SMS, Short Code, USSD, Airtime, M-Pesa integration and WhatsApp Business messaging services, client portals and APIs (the "Services"). Section 5 contains additional terms for our WhatsApp Business Platform integration.

By creating an account, clicking to accept, or using the Services, you agree to these Terms and to our Privacy Policy. If you accept on behalf of a company, you confirm you are authorised to bind it.

1. The Services

Mobitech provides communication and integration services, including sending and receiving SMS through mobile networks, short codes, USSD, airtime, M-Pesa integration, and WhatsApp Business messaging through Meta's WhatsApp Cloud API. Features include a web portal, a shared inbox, broadcasts, message templates, automation bots, contact management, reports and a REST API. We may improve, change or retire features. Where a change materially reduces what you paid for, we will give you reasonable notice.

2. Accounts and approval

  • You must give accurate, current company and contact details and keep them up to date.
  • New accounts are reviewed before sending is enabled. We may ask for business documents (for example a Certificate of Incorporation or KRA PIN certificate) and may decline an account at our discretion.
  • You are responsible for all activity under your account, including by team members you invite and anyone using your API keys. Keep passwords and keys confidential and tell us immediately at info@mobitechtechnologies.com if you suspect unauthorised use.
  • Account owners and admins control team roles. Agents may access the inbox and contacts.

3. Acceptable use

You must not use the Services to:

  • send unsolicited or bulk messages to people who have not agreed to receive them (spam);
  • send content that is unlawful, fraudulent, misleading, threatening, harassing, defamatory, hateful, sexually explicit, or that infringes anyone's rights;
  • phish, impersonate others, spread malware, or collect credentials or financial details under false pretences;
  • promote products or services that the law, the Communications Authority of Kenya, the Betting Control and Licensing Board, the Central Bank of Kenya or the relevant network or platform policies prohibit or restrict, unless you hold every required licence and the platform permits it;
  • break the Kenya Information and Communications (Consumer Protection) Regulations, the Data Protection Act, 2019, or any other applicable law;
  • disrupt, reverse engineer, overload or try to bypass the security or rate limits of the Services; or
  • resell the Services without our written agreement.

We may review content and sender details where needed to investigate abuse, comply with law, or meet the requirements of mobile networks and Meta.

  • You are the data controller for your contacts and the sender of your messages. You must have a lawful basis, and consent where required, before messaging anyone.
  • You must honour opt-out requests promptly. Our platform automatically stops template messages to WhatsApp contacts who reply STOP, UNSUBSCRIBE or similar, and you must not work around this.
  • Promotional messages must identify your business and respect any legally required quiet hours.
  • You are solely responsible for the content you send and the lists you upload.

5. WhatsApp Business Platform terms

Mobitech is a technology provider on Meta's WhatsApp Business Platform. WhatsApp is owned and operated by WhatsApp LLC, a Meta company. When you use our WhatsApp features, these additional terms apply.

5.1 Meta's terms and policies

You must accept and comply with Meta's terms and policies, as updated by Meta from time to time, including the:

If these Terms conflict with Meta's terms on how WhatsApp may be used, Meta's terms prevail.

5.2 Your WhatsApp Business Account

  • You connect your own WhatsApp Business Account ("WABA") through Meta's Embedded Signup or with an access token from your own Meta Business portfolio. You keep ownership of your Meta Business portfolio, your WABA, your phone numbers, your display name and your message templates.
  • By connecting, you authorise Mobitech to access your WABA with the permissions you approve (whatsapp_business_management and whatsapp_business_messaging) to manage numbers and templates and to send and receive messages on your behalf.
  • You can disconnect the WABA from our portal at any time, and remove Mobitech's access in Meta Business Settings under Business Integrations. Disconnecting stops our access but does not delete your WABA or phone number.
  • You must keep your business information on Meta accurate and complete any Business Verification that Meta requests.

5.3 How WhatsApp messaging works

  • Opt-in: before you message a person on WhatsApp you must have their opt-in for WhatsApp messages from your business, as Meta's policy requires.
  • Templates: conversations you start must use message templates approved by Meta. Meta reviews, categorises (Marketing, Utility or Authentication), pauses or disables templates at its sole discretion.
  • 24-hour customer service window: free-form messages (text, media, buttons, lists) can only be sent within 24 hours of the customer's last message. Our portal and API enforce this.
  • Limits and quality: Meta sets messaging limits, quality ratings, throughput and the number of phone numbers you may register. Meta may lower limits, block messages, or restrict or ban your WABA or number, for example because of low quality or policy violations. These are Meta's decisions; Mobitech cannot override them and is not liable for them.
  • Two-step verification: we may register your number with a PIN that we store encrypted. You may change it in WhatsApp Manager.
  • Prohibited WhatsApp use: in addition to section 3, you must not use WhatsApp for anything prohibited by the WhatsApp Commerce Policy, such as illegal goods, weapons, adult content, or gambling, dating or financial services that Meta does not permit in your market.

5.4 WhatsApp charges

  • Meta's fees: Meta charges per message delivered, depending on the template category and the recipient's country, and from 1 October 2026 for service messages beyond Meta's free allowance. Unless we agree otherwise in writing, you add your own payment method in WhatsApp Manager and Meta bills you directly.
  • Mobitech's fees: Mobitech charges its platform fees per message, by category, from your Mobitech wallet at the rates shown in your portal.
  • If Mobitech agrees in writing to provide an all-inclusive rate that covers Meta's fees, the rates shown in your portal include them.
  • Meta may change its prices. We may adjust our rates to reflect Meta's changes with notice in the portal or by email.

5.5 Meta's role

Meta is not a party to these Terms and is not responsible to you for Mobitech's Services. Mobitech does not control WhatsApp's availability, delivery or features, which Meta may change or withdraw at any time.

6. Fees, wallet and payments

  • Unless agreed otherwise, the Services are prepaid. You top up your wallet in Kenya Shillings (KES) by M-Pesa or another method we offer, and messages are deducted at your rates when they are queued.
  • For WhatsApp broadcasts, the estimated total is reserved when the broadcast starts. Messages that permanently fail are refunded to your wallet automatically.
  • Postpaid accounts with a credit limit receive invoices payable within the agreed period. We may suspend sending if invoices are overdue.
  • Prices exclude taxes unless stated. You are responsible for any taxes, levies and M-Pesa charges that apply.
  • Wallet balances are not interest-bearing. Unused balances are refundable only where the law requires or at our discretion when an account is closed, less any amounts you owe.
  • Charges are based on our records unless you dispute them in writing within 30 days of the transaction.

7. API keys, webhooks and integrations

  • API keys give full access to your account. Store them on your servers only, never in mobile apps or browser code, and revoke them immediately if exposed.
  • We apply rate limits to protect the platform and may change them on notice.
  • If you set a webhook URL, we send message and status events to it, signed with your secret. You are responsible for securing that endpoint and the data it receives.
  • Integrations you build or connect (including bots that call your own systems) are your responsibility.

8. Data protection

  • For personal data of your contacts that we process on your behalf, you are the data controller and Mobitech is the data processor under the Data Protection Act, 2019.
  • We will process that data only on your documented instructions (your use of the Services and these Terms), keep it confidential, apply appropriate security measures, use only service providers bound by equivalent obligations (including Meta for WhatsApp and mobile networks for SMS), help you respond to data subject requests, notify you without undue delay of a personal data breach affecting your data, and delete or return it when the Services end, unless the law requires us to keep it.
  • You confirm that you have a lawful basis for the data you upload and the messages you send.
  • Our Privacy Policy explains how we handle personal data as a controller.

9. Availability and third-party networks

We aim to keep the Services available around the clock, but we do not guarantee uninterrupted service. Message delivery depends on mobile network operators, Meta and the recipient's device, which are outside our control. Delivery reports reflect what those parties tell us. We may carry out maintenance, preferably outside business hours and with notice where practical.

10. Suspension and termination

  • You may close your account at any time by contacting us.
  • We may suspend or restrict the Services immediately if you breach these Terms or Meta's or a network's policies, if your use creates a security, legal or reputational risk, if payments are overdue, or if a regulator, network or Meta requires it. We will tell you why unless the law prevents it.
  • We may terminate these Terms for convenience with 30 days' notice.
  • On termination, your access ends. You may export your data before closure. We delete personal data as set out in our Privacy Policy. Sections that by their nature should survive, such as fees owed, liability and indemnity, will survive.

11. Intellectual property

We own the Services, our software, documentation and brand. You receive a limited, non-exclusive, non-transferable right to use them while your account is active. You keep all rights to your content, contact lists, templates and brand. You give us the rights needed to host, transmit and display them to provide the Services. Feedback you give us may be used freely to improve the Services.

12. Disclaimers

Except as expressly stated in these Terms, the Services are provided "as is" and "as available". To the extent the law allows, we disclaim all implied warranties, including fitness for a particular purpose and uninterrupted or error-free operation. We do not guarantee that Meta will approve any template, WABA, display name or verification, or that any message will be delivered or read.

13. Limitation of liability

  • Neither party is liable for indirect, consequential or special losses, or for loss of profits, revenue, goodwill or data, even if foreseeable.
  • Mobitech's total liability arising out of or in connection with the Services in any 12-month period is limited to the fees you paid to Mobitech for the Services in the 3 months before the event giving rise to the claim.
  • Mobitech is not liable for acts or omissions of Meta, mobile network operators, Safaricom or other third parties, or for events beyond our reasonable control.
  • Nothing in these Terms limits liability that cannot be limited by law, including for fraud.

14. Indemnity

You will indemnify Mobitech against claims, fines, penalties and reasonable costs arising from your content, your messages, your breach of these Terms, of Meta's or a network's policies, or of the law (including data protection and consumer protection law).

15. Governing law and disputes

These Terms are governed by the laws of Kenya. The parties will first try to resolve any dispute in good faith within 30 days of written notice. If that fails, the dispute will be referred to arbitration in Nairobi by a single arbitrator under the Arbitration Act, 1995, in English. Either party may seek urgent interim relief from the courts of Kenya.

16. General

  • Changes: we may update these Terms. We will post the new version here and, for material changes, notify account owners at least 14 days before they take effect. Continued use after that date means you accept them.
  • Notices: we send notices to your account email or show them in the portal. Send notices to us at info@mobitechtechnologies.com.
  • Assignment: you may not transfer these Terms without our consent. We may transfer them to an affiliate or successor.
  • Entire agreement: these Terms, our Privacy Policy and any order form or written agreement with you form the entire agreement. A signed agreement prevails over these Terms where they conflict.
  • Severability and waiver: if a provision is unenforceable, the rest remains in effect. Not enforcing a right is not a waiver.

Contact

Mobitech Technologies Limited
Commercial Centre, Ring Road, Westlands, Nairobi, Kenya
Email: info@mobitechtechnologies.com · Phone: +254 710 986 455

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