Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the CommsGrid platform, operated by Alxtexh Enterprise ("CommsGrid", "we", "us"), including our SMS API, WhatsApp messaging, Android SMS gateway, dashboard, and related services (the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business, you confirm you have authority to bind that business to these Terms.

2. Description of Service

CommsGrid provides bulk and transactional SMS delivery over Safaricom, Airtel and Telkom networks, WhatsApp messaging via official Meta Cloud API or WhatsApp Web-connected sessions, and an Android SMS gateway that routes messages through your own paired device and SIM. Access is via our dashboard, developer API, or Android app.

3. Account Registration

You must provide accurate information when registering, and are responsible for keeping your account credentials and API keys confidential. You are responsible for all activity that occurs under your account, including via any API key you generate.

4. Acceptable Use

You agree not to use the Service to send:

• Unsolicited bulk messages (spam) to recipients who have not consented to receive them.
• Content that is illegal, fraudulent, deceptive, or that violates the rights of any third party.
• Phishing attempts, malware, or messages impersonating another person or organisation.
• Messages violating any applicable Kenyan law, including the Kenya Information and Communications Act, Communications Authority of Kenya regulations, and the Data Protection Act, 2019.

We may suspend messages or accounts, without prior notice, where we reasonably believe this Acceptable Use section is being violated or the Service is being used to cause harm.

5. Your Data Protection Obligations

When you use the Service to send messages to your own customers or contacts, you are the data controller for that recipient data under the Data Protection Act, 2019, and CommsGrid acts only as a data processor carrying out your sending instructions.

You warrant that you have a lawful basis - typically the recipient’s consent, or an existing customer relationship where permitted by law - for every phone number you upload or message you send, and that you will honour opt-out requests from your recipients promptly. You are solely responsible for the legality of your recipient lists and message content under Kenyan and any other applicable data protection law.

6. Sender ID and Carrier Compliance

Custom sender IDs are subject to network approval by Safaricom, Airtel and/or Telkom, and may be rejected, delayed, or revoked at the carrier’s discretion regardless of our own review. We are not liable for carrier-side rejection or delay of sender ID applications.

6. Fees, Credits and Payment

SMS is billed per-credit at the volume rate published on our pricing page; device seats for WhatsApp Web, Meta Cloud API and Android Gateway are billed per device per period. Payment is currently accepted via M-Pesa.

Purchased SMS credits do not expire. Credits and device-seat fees are non-refundable once purchased, except where required by Kenyan consumer protection law or at our sole discretion for a service failure on our part.

We may change pricing with notice on the pricing page; changes apply to future purchases, not credits already purchased.

7. Service Availability

We target high uptime and fast delivery, but the Service depends on third-party carrier networks, Meta’s WhatsApp infrastructure, and (for the Android Gateway) your own device’s connectivity - all outside our direct control. We do not guarantee uninterrupted or error-free service and are not liable for delivery failures caused by carrier outages, network congestion, or device connectivity issues.

8. Intellectual Property

The Service, including its software, branding and documentation, is owned by Alxtexh Enterprise. You retain ownership of the content of the messages you send through the Service.

9. Limitation of Liability

To the maximum extent permitted by Kenyan law, CommsGrid is not liable for indirect, incidental, or consequential damages arising from use of the Service, including lost revenue or business opportunities resulting from message delivery delays or failures. Our total liability for any claim is limited to the amount you paid us in the three months preceding the claim.

10. Indemnification

You agree to indemnify and hold CommsGrid harmless from any claim, loss, fine, or expense (including reasonable legal fees) arising from your breach of these Terms, your violation of applicable law, or the content of messages you send through the Service - including claims brought by your own message recipients under the Data Protection Act, 2019 or similar law.

11. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including carrier network outages, Meta/WhatsApp platform outages, internet or power infrastructure failures, government action, or natural disasters.

12. Termination

You may close your account at any time. We may suspend or terminate accounts that violate these Terms, including sending prohibited content or abusing the Service, with or without notice depending on severity.

13. Governing Law

These Terms are governed by the laws of Kenya. Any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts of Kenya.

14. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Contact Us

Questions about these Terms can be sent to support@paygrid.co.ke, via WhatsApp at +254 708 588 464, or to our office: Technology Park, Nairobi, Kenya.