Terms of Sale and Use

These Terms of Sale and Use ("Terms") define the conditions under which the Company offers for sale, under the name KYA SMS, various services ("the Services") via the Site, to anyone wishing to make a purchase via the Site ("the Customer").

The Terms constitute a contractual agreement between the Customer and ETABLISSEMENT CC AFRICA.

0.1 Account creation

Before any order on the Site, the User must create an account. Upon account creation, the User acknowledges having read and accepted the terms of sale and the privacy policy.

0.2 Contractual commitment

Purchasing a Service via the Site implies unconditional acceptance of these Terms, materialized by the checkbox at registration.

For the proper understanding of these Terms, the following terms have the meaning indicated below:

2.1 Services offered

• Single and bulk professional SMS sending
• Access to a REST messaging API
• Automated messaging services (OTP, notifications)
• Real-time tracking and sending statistics
• Contact management features
• Scheduled sending tools
• Sender personalization (Sender ID)
• Webhooks for delivery receipts
• KYA MAILER: email sending by API or SMTP, campaigns, @kyasend.com addresses and mailbox
• KYA Tickets and KYA Chat: customer service by tickets, live chat on the Customer's website and WhatsApp conversations
• KYA Factures: quotes, pro formas, invoices and credit notes
• AI assistant for the Customer's agents (see article 7 ter)
• Details and prices of each service are shown on the Pricing page

2.2 Evolution of Services

• Adding new features
• Modifying existing interfaces
• Updating technical protocols
• Performance optimization

2.3 Access to Services

• Access requires prior account creation
• Each Account is protected by a unique username and password
• The Customer chooses a strong password and keeps it confidential
• Access available 24/7, except during maintenance

3.1 Pricing structure

• Prices in XOF (CFA Francs)
• Prices include applicable taxes (VAT)
• Volume-based discounts
• Specific plans possible for certain Services

3.2 Price changes

• Customers notified by email 30 days before any change
• New pricing does not apply to ongoing orders
• Already purchased SMS credits keep their validity at initial conditions

4.1 Ordering process

• Customer account creation with email verification
• Selection of desired Services
• Choice of volume and/or plan
• Cart validation
• Payment method selection
• Order confirmation

4.2 Accepted payment methods

5.1 Technical delivery conditions

• Mobile phone on and working
• Sufficient network coverage
• Available memory on the device
• Active SMS reception configuration
• Valid and active phone number

5.2 Authorized sending hours

SMS scheduled outside authorized windows will be automatically postponed to the next available slot.

In accordance with the law, the Customer has 14 days to exercise their right of withdrawal without justification or penalty.

7.1 General obligations

• Use the Services as intended
• Respect third-party rights
• Keep credentials confidential
• Ensure account security
• Immediately inform KYA SMS of any fraudulent use

7.2 Data protection compliance

• Obtain explicit recipient consent
• Respect the right to object (STOP SMS)
• Keep an up-to-date database
• Ensure data portability on request

7.3 Prohibited uses

• Spam or unsolicited sending
• Illegal, defamatory or discriminatory content
• Pornographic or violent content
• Fraudulent or phishing messages
• Harassment or threats

7 bis.1. The Customer may connect its own WhatsApp Business number to the Platform. This connection uses the official WhatsApp API (WhatsApp Business Platform), provided by Meta Platforms. KYA SMS does not use any unofficial means of connecting to WhatsApp.

7 bis.2. By connecting its number, the Customer accepts the WhatsApp Business terms and undertakes to comply with the WhatsApp Business Messaging Policy and its Commerce Policy. In particular, it obtains its contacts' consent before messaging them, and only sends message templates approved by WhatsApp outside the 24 hours following a contact's last message.

7 bis.3. Meta may limit, suspend or block a WhatsApp Business number or account under its own rules (message quality, reports, policy breaches). KYA SMS is not responsible for these decisions or their consequences. It may in turn suspend access to WhatsApp services for a Customer who does not comply with this article.

7 bis.4. The Customer may disconnect its number at any time from its dashboard. Conversations already received remain available until the Customer deletes them.

7 ter.1. The AI assistant suggests replies, summaries and rewordings to the Customer's agents. It is only active if the Customer enables it, and within the limit of its plan.

7 ter.2. These suggestions may contain errors. The Customer remains solely responsible for the messages sent to its contacts, which are only sent after approval by one of its agents.

7 ter.3. To produce a suggestion, the text of the conversation concerned and of the Customer's help center articles is sent to our artificial intelligence provider, without email addresses, phone numbers, internal notes or attachments, as described in the Privacy Policy.

8.1 Definition of inactivity

• No SMS sending for 12 consecutive months
• No login to the platform
• No use of the API or associated services
• No credit purchase

8.2 Notification procedure

• A warning email at 10 months of inactivity
• A reminder at 11 months of inactivity
• A final notice at 12 months with a 15-day reactivation period

8.3 Consequences of inactivity

• Prior notification by email
• Deletion of unused SMS credits
• Possible account deactivation
• Data retention according to legal obligations (3 years)

9.1 Limitations of liability

• Misuse by the Customer
• Telephone operator failures
• Technical incidents beyond its control
• Force majeure events
• The content of messages sent by the Customer

10.1 Property rights

• Registered KYA SMS trademark
• Proprietary source code
• Protected technical documentation
• Protected user interface

10.2 Prohibitions

Any reproduction, representation, modification or adaptation of all or part of these elements without prior written authorization from the Company is strictly prohibited.

The Company respects the confidentiality of personal data provided by the Customer and processes it in accordance with applicable regulations.

11.1 Data collected

• Identification data (name, email)
• Billing and payment data
• Service usage data
• Technical logs and connection data
• Content processed on behalf of the Customer (emails, tickets, chats, WhatsApp conversations, invoices), for which the Customer is the controller and KYA SMS the processor

11.2 Processing purposes

• Provision and improvement of Services
• Customer relationship management
• Compliance with legal obligations
• Billing and accounting

11.3 The Company implements appropriate technical and organizational measures to ensure data security. For more details, see our Privacy Policy.

11.4 The procedure to request deletion of your data is described on the page Data deletion.

12.1 Definition

• Natural disasters
• Wars or armed conflicts
• Epidemics and pandemics
• Major telecom network failures
• Government decisions
• General strikes

12.2 Effects

In case of force majeure, the parties' obligations are suspended. If the force majeure lasts more than three months, the contract may be terminated as of right by either party without indemnity.

13.1 Governing law

These Terms are governed by Beninese law. Any dispute will be submitted to the competent courts of Cotonou, Benin.

13.2 Changes to the Terms

The Company reserves the right to modify these Terms. Customers will be notified by email of any substantial change at least 30 days before it takes effect.

13.3 Contact