Terms of service

1. The agreement

This document, together with any Order Form, SLA, or Data Processing Addendum signed between you and Black Mobile, forms the entire agreement between us. If you are accepting these terms on behalf of a company, you warrant that you have the authority to bind that company.

We may update these terms from time to time. Material changes will be notified at least 30 days in advance via email to your registered billing contact and a banner in the customer portal. Continued use of the platform after the effective date constitutes acceptance of the new terms.

2. The service

Black Mobile provides programmatic messaging and telephony services across multiple channels — SMS, USSD, WhatsApp Business, transactional email, and voice — together with the dashboards, documentation, and direct mobile-network-operator connectivity required to deliver them. The service is provided on an "as available" basis subject to the uptime commitments below.

3. Your account

• You are responsible for keeping your account credentials, API keys, and webhook secrets confidential.
• You must notify us immediately at security@blackmobile.io of any unauthorised access.
• You must provide accurate registration and billing information and keep it up to date.
• You may not share a single account between multiple unrelated legal entities; each entity must hold its own account and accept these terms separately.

4. Acceptable use

You agree not to use the platform to:

• Send spam, unsolicited bulk messages, or any messaging that violates the laws of the recipient's country or the rules of the recipient's mobile network operator.
• Transmit content that is illegal, hateful, harassing, defamatory, fraudulent, or that infringes on third-party rights.
• Distribute malware, phishing payloads, or social-engineering content.
• Attempt to reverse-engineer, decompile, or otherwise derive the source of the service except as expressly permitted by law.
• Circumvent rate limits, sender-ID registrations, opt-out lists, or any other technical or commercial gating mechanism.
• Use the platform to compete directly with Black Mobile by reselling the service without a separate reseller agreement signed with us.

You are responsible for obtaining and maintaining all required end-user consents for the messages you send. We may suspend any traffic that we reasonably believe violates this policy or applicable law, and we will notify you when we do.

5. Fees & payment

Fees for each plan are listed on your Order Form or in the customer portal. Unless otherwise agreed, fees are billed monthly in arrears for usage-based charges and monthly or annually in advance for subscriptions. All fees are stated excluding VAT; applicable taxes are added at the prevailing rate.

Invoices are due 15 days from the invoice date. Late payments accrue interest at the lower of 2% per month or the maximum rate permitted by Botswana law. We may suspend the service if an invoice remains unpaid for more than 30 days past due.

Refunds and cancellations are governed by our Refund & cancellation policy.

6. Intellectual property

Black Mobile and its licensors own all rights, title, and interest in the platform — including all software, documentation, designs, trademarks, and trade secrets. Nothing in these terms transfers any ownership of our IP to you. You are granted a non-exclusive, non-transferable, revocable licence to use the platform during the term of your subscription.

You own the content you send through the platform — the message bodies, recipient lists, and any data you upload. You grant us a limited licence to process that content only as required to deliver the service.

7. Your data

We process personal data on your behalf as a Processor under the data-protection laws of the countries in which we operate. The data we receive, how we use it, and your rights in relation to it are described in our Privacy policy and (for customers requiring it) in a separate Data Processing Addendum signed with Black Mobile.

8. Uptime & support

We target 99.9% monthly uptime for the core API. Where you have a signed SLA with us, service credits apply per the terms of that SLA. Without an SLA, service credits are at our reasonable discretion.

Support is provided via the help desk at blackkonnect.atlassian.net during the response-time commitments stated in your plan. Critical production issues (P1 — platform unavailable) are handled 24×7 for customers on Business and Enterprise plans.

9. Liability

To the maximum extent permitted by law: (a) the service is provided "as is"; (b) we exclude all implied warranties; (c) our total aggregate liability arising out of or in connection with this agreement is capped at the fees paid by you to Black Mobile in the 12 months preceding the event giving rise to the claim; (d) we are not liable for any indirect, consequential, or loss-of-profit damages, including but not limited to loss of revenue from undelivered messages.

Nothing in this agreement excludes liability for fraud, wilful misconduct, or any other liability that cannot be excluded under applicable law.

10. Termination

Either party may terminate this agreement for material breach if the breach is not cured within 30 days of written notice. Either party may terminate for convenience at the end of the then-current billing period via the cancellation process described in the Refund & cancellation policy.

On termination: (a) your access to the platform ends; (b) we will retain your account data for 90 days after which it is permanently deleted unless we are legally required to retain it longer; (c) any fees accrued up to the termination date remain payable.

11. Governing law & disputes

These terms are governed by the laws of Botswana. Any dispute that cannot be resolved through good-faith negotiation within 60 days will be referred to the courts of Botswana, except that we may seek injunctive relief in any jurisdiction to protect our intellectual property or to enforce the acceptable-use rules.