Terms of Use

Agreement and operator

MegaSMS is a product operated by Franklin Business Management (“Franklin”, “we”, “us”, or “our”). By registering, clicking acceptance, accessing an account, creating an API token, buying SMS units, or using the service, you agree to these Terms and the Privacy Policy.

If you act for an organization, you confirm you have authority to bind it. “Vendor” means the business or organization holding the MegaSMS account. “Recipient” means a person to whom the Vendor sends or attempts to send a message.

Eligibility, registration, and accounts

• Provide accurate, current, and complete business and contact details.
• Registration is an application, not automatic acceptance. Franklin may verify information and approve, reject, or request further details.
• Keep passwords, sessions, and API tokens confidential. Each user must use an individual account where available.
• Promptly update changed information and notify MegaSMS of suspected unauthorized access.
• You are responsible for activity performed through your account unless caused solely by Franklin’s breach of a non-excludable legal duty.

Accounts may be limited to lawful business use by persons capable of entering an enforceable agreement.

Vendor messaging responsibilities

The Vendor—not MegaSMS—selects recipients, sender IDs, timing, and message content. Before sending, the Vendor must:

• Have a lawful basis for processing each recipient’s data and sending the message, including valid consent where required.
• Maintain evidence of consent, customer relationship, or other lawful authority.
• Identify itself accurately where required and avoid misleading sender information.
• Provide and honor a clear, effective opt-out mechanism for promotional messaging and maintain suppression lists.
• Respect recipient preferences, reasonable sending times, frequency limits, and applicable TCRA or network-operator requirements.
• Keep contact lists accurate and lawfully obtained. Purchased, scraped, leaked, or randomly generated lists may not be used unless their acquisition and intended use are demonstrably lawful.

Franklin may require evidence of consent or lawful authority and may block a campaign while investigating complaints.

Prohibited content and conduct

You must not use MegaSMS to create, facilitate, or distribute:

• Spam, unsolicited bulk marketing, repeated messages after opt-out, or deceptive promotions.
• Fraud, phishing, impersonation, scams, malware, credential theft, or misleading payment requests.
• Threats, harassment, hate, unlawful discrimination, exploitation, or content that violates another person’s privacy or dignity.
• Child sexual abuse material, obscene content prohibited by law, or content facilitating trafficking or violence.
• Unlawful gambling, unlicensed financial services, fraudulent investment schemes, counterfeit goods, or unlawful medical claims.
• Content infringing copyright, trademarks, confidentiality, or other rights.
• Messages that unlawfully interfere with elections, public safety, emergency communications, investigations, or national security.
• Traffic designed to evade filtering, manipulate delivery reports, probe networks, overload systems, or conceal the true sender.

You must comply with the Cybercrimes Act, Electronic Transactions Act, Electronic and Postal Communications framework, regulator directives, and all other applicable Tanzanian laws.

Sender IDs and network rules

Sender IDs are subject to review, supporting documents, technical limits, mobile-network rules, and regulatory requirements. Approval does not transfer trademark rights or confirm that every proposed message is lawful. You may use only sender IDs you are authorized to represent. Franklin may reject, suspend, rename, or withdraw a sender ID when required by law, a network provider, brand owner, security concern, or complaint.

API and integration security

• Use API tokens only in authorized server-side systems and transmit them over HTTPS in production.
• Do not place tokens in browser code, public repositories, URLs, mobile application binaries, screenshots, or support messages.
• Use the narrowest permissions, set expiry dates, rotate credentials, and revoke compromised tokens immediately.
• Validate recipients and payloads, handle errors and retries responsibly, and do not deliberately bypass limits or controls.
• You are responsible for your integration, code, infrastructure, and downstream users.

Franklin may impose reasonable technical limits, change non-material implementation details, or release new API versions. Material breaking changes should be communicated reasonably where practicable.

SMS units, pricing, and payment

MegaSMS generally operates on prepaid SMS units. Rates may depend on account terms, message encoding, segments, route, provider, taxes, or volume. A multipart message may consume multiple units per recipient. The portal or invoice will show applicable account information.

• Payments must be authorized and supported by accurate references or proof.
• Units are credited after successful confirmation or approval.
• Failed API sends may be refunded automatically where the platform records them as failed, but network acceptance does not guarantee that a handset was reachable or read the message.
• Except where required by law or expressly agreed, purchased units are not cash, do not earn interest, and are not transferable between unrelated accounts.
• Disputed charges should be raised promptly with relevant request IDs and evidence.

Taxes, statutory charges, and payment-provider terms may apply.

Service operation and third parties

SMS delivery depends on gateways, mobile networks, recipient devices, power, internet connectivity, routing, filtering, and other systems outside Franklin’s direct control. Delivery timing and availability are therefore not guaranteed unless a separate written service-level agreement says otherwise.

We may perform maintenance, security changes, capacity controls, or emergency work. We will take reasonable steps to operate the service competently, but queued, accepted, sent, or delivered labels reflect the information available from relevant systems and may later change.

Suspension and termination

Franklin may restrict, suspend, or terminate an account, token, sender ID, campaign, or message where reasonably necessary to:

• Prevent suspected fraud, spam, security compromise, unlawful content, or harm.
• Respond to recipient complaints, network-provider requirements, court orders, regulator directions, or law-enforcement requests.
• Address unpaid amounts, false registration information, misuse, or material breach of these Terms.
• Protect service stability or other users.

Where appropriate and lawful, we may give notice and an opportunity to remedy. Serious, repeated, fraudulent, or urgent violations may result in immediate action. Termination does not erase accrued payment, legal, evidence-preservation, or indemnity obligations.

Privacy and recipient data

Each party must comply with the Personal Data Protection Act, 2022 and applicable regulations. The Vendor is responsible for its privacy notices, lawful basis, data accuracy, retention, recipient rights, and instructions to MegaSMS. Franklin processes platform data as explained in the Privacy Policy.

Do not submit sensitive or excessive personal data in SMS content. SMS may appear on lock screens and is not an appropriate channel for passwords, full payment-card details, medical records, or other high-risk secrets. One-time codes should be short-lived and never logged unnecessarily.

Intellectual property

Franklin and its licensors retain rights in MegaSMS software, design, documentation, branding, and service materials. Subject to these Terms, Vendors receive a limited, non-exclusive, non-transferable right to use the service for their internal lawful business purposes.

Vendors retain rights in their lawful content and data. They grant Franklin the limited rights needed to host, process, route, reproduce, and transmit that content to provide, secure, support, and legally operate MegaSMS.

Warranties and limitation of liability

Nothing in these Terms excludes liability or statutory remedies that Tanzanian law does not permit the parties to exclude. Subject to that rule, MegaSMS is provided on an “as available” basis, and Franklin does not warrant uninterrupted delivery, universal network reach, recipient action, or suitability for emergency services.

To the extent permitted by law, Franklin is not responsible for indirect or consequential loss, lost profits, lost business, recipient claims caused by Vendor content or contact selection, third-party network failure, or compromise arising from Vendor credentials or systems. Any contractual liability cap must be reviewed and finalized by Tanzanian counsel and, where applicable, stated in the Vendor’s commercial order or service agreement.

Vendor responsibility and indemnity

To the extent permitted by law, the Vendor is responsible for claims, penalties, costs, and losses arising from its unlawful contact collection, missing consent, content, sender-ID misuse, breach of data-protection duties, or violation of these Terms. Any indemnity is subject to applicable law, fair notice, reasonable cooperation, and the terms of any signed commercial agreement.

Changes to the service or Terms

We may update these Terms to reflect legal, regulatory, provider, security, pricing, or service changes. The effective date will be updated. Material changes may be notified through the portal or another reasonable channel. Where law requires fresh consent, continued use alone will not replace it.

Governing law and disputes

These Terms are governed by the laws of the United Republic of Tanzania. The parties should first attempt good-faith resolution through MegaSMS support. A party may still approach a competent regulator, tribunal, commission, or court where the law permits or requires it. Any exclusive jurisdiction, arbitration, or venue clause should be finalized in Franklin’s approved commercial contract after advice from Tanzanian counsel.

Contact and notices

Send service, legal, or compliance notices to Franklin Business Management through the MegaSMS support portal or Franklin’s officially published business contact details. Include the vendor name, account email, relevant request IDs, dates, and a clear description. Never include your password or full API token.

These Terms must be read together with applicable laws, regulator directions, the Privacy Policy, published pricing, and any signed commercial agreement. If a mandatory law conflicts with these Terms, the mandatory law prevails.