Terms of Service
Last updated: July 2026
These Terms govern your use of Mobile Sasa, the mobile messaging and engagement platform operated by Bitwise Digital Solutions Ltd("Mobile Sasa", "we", "us") โ including bulk SMS, USSD services, shortcodes and keywords, and mobile surveys. Please read them carefully โ by registering for or using any part of the service you agree to be bound by them. Our Privacy Policy explains how we handle personal data and forms part of these Terms.
1. Acceptance of terms
By registering for, accessing, or using Mobile Sasa ("the Service"), you ("Customer", "you") agree to be bound by these Terms of Service. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, you may not use the Service.
2. Eligibility and account registration
You must be at least 18 years old and legally capable of entering into binding contracts to use the Service. You must provide accurate, current, and complete information during registration and keep that information up to date.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, including activity by team members you invite. Notify us immediately at [email protected] if you suspect unauthorised access to your account.
3. Permitted use
You may use the Service only for lawful business communications and engagement. All services โ bulk SMS, USSD, shortcodes, and mobile surveys โ operate subject to the rules and regulations of the Communications Authority of Kenya (CA), the Kenya Information and Communications Act, and the policies of the relevant mobile network operators (MNOs). You are solely responsible for ensuring your use complies with all applicable laws and MNO requirements, including obtaining any necessary consents from recipients and participants.
4. SMS credits and billing
The Service operates on a prepaid credit model. SMS credits must be purchased in advance and are deducted at the time of dispatch based on the number of message parts sent.
- Credits are non-refundable except where required by applicable law.
- Credits do not expire while your account remains in good standing.
- Each message part is charged at the rate applicable to your account at the time of dispatch. Rates may be updated with reasonable notice.
- A message exceeding 160 GSM-7 characters (or 70 UCS-2 characters for Unicode content) is split into multiple parts and charged accordingly.
- Postpaid accounts approved for credit may send messages up to their authorised credit limit. Outstanding balances are due on the agreed billing cycle.
- Mobile Sasa is not responsible for incorrect recipient numbers or content errors that result in failed or misdirected messages; credits consumed in such cases are not refunded.
5. Campaigns and message scheduling
The Service allows you to schedule campaigns for future dispatch. When a campaign is scheduled, it will be dispatched at approximately the time you specify. Due to the nature of message processing and network conditions, dispatch may occur within a short window after the scheduled time โ typically within seconds to a few minutes โ and is not guaranteed to occur at the exact moment specified.
Mobile Sasa shall not be liable for any loss or damage arising from campaigns dispatching slightly after the scheduled time. If time-critical delivery is required, we recommend scheduling with an appropriate buffer. Credits are reserved when a campaign is submitted and consumed as messages are dispatched.
6. Campaign cancellation
You may cancel a scheduled campaign before dispatch begins. Once dispatch has commenced, cancellation will halt further message delivery; however, credits consumed for messages already dispatched at the point of cancellation will not be refunded. Any reserved but unconsumed credits are returned to your balance upon cancellation.
Mobile Sasa does not guarantee that a cancellation request will prevent all messages from being delivered if dispatch is already in progress with a mobile network operator.
7. Message delivery and delivery reports
Message delivery is subject to the availability and routing decisions of mobile network operators. Mobile Sasa does not guarantee delivery of any individual message. Factors outside our control โ including recipient handset status, network congestion, and MNO filtering policies โ may result in non-delivery.
Delivery reports (DLRs) are provided on a best-effort basis and reflect status information returned by the relevant mobile network operator. Mobile Sasa does not warrant the accuracy or completeness of delivery reports. The absence of a delivery report does not confirm that a message was not delivered.
8. Resending messages
The Service provides a resend function for individual messages. Each resend is treated as a new message dispatch and is charged at the prevailing rate. Resending does not guarantee a different delivery outcome. You are responsible for ensuring resends comply with recipient consent and applicable regulations.
9. Duplicate detection
To protect recipients and prevent billing errors, the Service may suppress duplicate messages โ defined as the same sender, content, and recipient within the same calendar day โ unless your sender ID has duplicate sending explicitly enabled. This behaviour is a safeguard and not a guaranteed deduplication service. Credits are not charged for suppressed duplicates.
10. Sender IDs
Alphanumeric and numeric sender IDs must be registered and approved by Mobile Sasa and the relevant mobile network operators before use. Approval timelines are subject to MNO processes and are outside our control.
- An approved sender ID may only be used for the purpose and business category stated during registration.
- You must not impersonate a third party, government body, or financial institution through a sender ID.
- Mobile Sasa may suspend a sender ID immediately if it is found to be in breach of MNO policies or these Terms.
- Sender ID approval does not constitute an endorsement of your business or message content by Mobile Sasa.
11. API access and tokens
Access to the Mobile Sasa API requires a valid API token. Tokens are scoped to specific permissions and should be treated as sensitive credentials.
- You are responsible for all API activity conducted using your tokens, whether authorised by you or not.
- Tokens must not be embedded in public source code repositories, client-side applications, or shared in insecure channels.
- Revoke any token you believe has been compromised immediately via the portal.
- Mobile Sasa may revoke tokens that are found to be misused or associated with abuse.
- Token-authenticated API calls consume SMS credits in the same manner as portal-initiated messages.
12. SMPP access
SMPP connectivity is available to approved accounts only. Access is granted at our sole discretion and may be revoked at any time. By using SMPP access you agree to the following additional conditions:
- SMPP authentication uses a valid API token as the bind password. You are responsible for keeping this credential secure.
- Each SMPP session is logged for audit purposes, including the remote IP address and message volume.
- SMPP-originated messages consume SMS credits and are subject to the same billing, content, and compliance requirements as all other messages.
- You must not share SMPP credentials with third parties or use a single account to relay messages on behalf of multiple unrelated businesses.
- Mobile Sasa reserves the right to rate-limit or suspend SMPP sessions that generate unusual traffic patterns or violate these Terms.
13. USSD services
Mobile Sasa provides USSD service codes (dedicated codes and extensions on shared codes) and a visual menu builder. USSD services are subject to the following conditions:
- USSD codes and extensions are provisioned subject to approval by Mobile Sasa and, where applicable, the relevant regulator and mobile network operators. Provisioning timelines are outside our control.
- USSD menus you build must be submitted for review, and amendments to a live menu (including its active date window) may require re-approval before taking effect. We may reject or suspend a menu that breaches these Terms or MNO policies.
- A menu with an active date window is reachable between its start and end dates; a menu without one runs for as long as the USSD code or extension behind it has an active subscription.
- USSD codes, extensions, and related services carry recurring service fees as published or agreed for your account (see section 14 on renewals).
- USSD session data (dialled code, menu selections, session timestamps) is processed to operate the service and provide you with reports.
14. Shortcodes, keywords and subscription services
Mobile Sasa offers two-way messaging on dedicated and shared shortcodes, keyword routing of inbound messages, and hosted subscription/on-demand content offers:
- Shortcodes and keywords are allocated subject to approval and availability. Keywords on shared shortcodes are rented on a recurring basis and must be unique on that shortcode.
- Inbound messages received on your shortcode or keyword are stored and made available to you via the portal, webhooks, or the API. You are the controller of that data.
- If you operate subscription-based content services, you are responsible for complying with all applicable premium-rate and value-added-services rules, including clear pricing disclosure, verifiable opt-in, and immediate honouring of STOP/opt-out requests. Subscriber rosters are maintained per offer, and opted-out subscribers must not be re-enrolled without fresh consent.
- We may suspend a shortcode, keyword, or offer immediately if it attracts regulator or MNO complaints, or is used contrary to these Terms.
15. WhatsApp messaging
Mobile Sasa lets you send WhatsApp messages through Meta's WhatsApp Business Platform using your own WhatsApp Business account (WABA):
- You connect your own Meta credentials (phone number ID, WABA ID and access token). You are responsible for keeping those credentials valid and for your WABA's standing with Meta.
- Template messages must be approved by Meta before sending; template review timelines and outcomes are controlled by Meta, not Mobile Sasa.
- Your use of WhatsApp messaging must comply with Meta's WhatsApp Business Terms, Commerce and Messaging policies, including opt-in requirements for marketing messages. Violations can lead to Meta restricting your WABA independently of Mobile Sasa.
- WhatsApp messages are billed per message from your Mobile Sasa wallet at the rate for the template's category (marketing, utility, authentication), as published on our pricing page. Meta may charge you separately for conversations under your own Meta billing.
- Delivery and read statuses are provided as reported by Meta and are not guaranteed.
16. Mobile surveys
- Surveys run over SMS and USSD. Survey content and material amendments (including question changes on a live survey and date-window changes) are subject to review and approval before the survey runs or resumes.
- You are responsible for the lawfulness of the questions you ask and for obtaining any consent required from respondents, particularly where responses may include personal or sensitive information.
- Survey responses belong to you; we process and store them on your behalf and make them available in the portal and via export.
- Where a survey uses a whitelist or date window, participation is limited accordingly. Messages dispatched as part of a survey consume SMS credits in the normal way.
17. Reminders and anniversary messaging
The reminders service dispatches SMS automatically on schedules you configure โ recurring reminders (daily, weekly, monthly, annually or at month end) and anniversary messages sent on dates you record for your contacts, including an optional promotional message in advance of the date.
- Because these messages send without further action from you, you are responsible for the ongoing accuracy of the schedule, the recipient lists and dates you upload, and the message content โ including any per-recipient messages. Review your active schedules regularly.
- Recurring communications require a continuing lawful basis. You must have appropriate consent to message recipients on a repeating schedule, and opt-outs are honoured on every run: numbers on your blacklist are excluded automatically.
- Each scheduled run consumes SMS credits in the normal way at the time it fires. If your balance is insufficient when a run is due, that run is skipped and recorded as failed โ skipped runs are not sent retroactively after a top-up.
- A reminder fires at most once per calendar day, and anniversary messages are sent at most once per contact per year. You can pause, edit or delete any reminder or anniversary group at any time from the portal.
- We may pause or disable a schedule that breaches these terms, generates sustained complaints, or appears to message recipients without a lawful basis.
18. Service subscriptions, wallet and renewals
Recurring services โ USSD codes and extensions, and rented keywords โ are billed monthly from your Mobile Sasa wallet:
- Renewals are charged automatically from your wallet balance on or after the expiry date. We send a renewal reminder before expiry where contact details allow.
- If your wallet balance is insufficient at renewal, the service is deactivated. Reactivation after deactivation may require re-approval and is not guaranteed, particularly for shared resources such as keywords that may have been reallocated.
- Service fees are as published or as agreed for your account and may be updated with reasonable notice. Fees for a current, already-paid period are not increased retroactively.
- Wallet top-ups are non-refundable except where required by applicable law.
19. Prohibited content and conduct
You must not use the Service to send or facilitate:
- Unsolicited commercial messages (spam) to recipients who have not consented.
- Fraudulent, deceptive, phishing, or impersonation content.
- Content promoting illegal activity, pyramid schemes, or unlicensed financial services.
- Hate speech, threats, harassment, or content targeting individuals on protected grounds.
- Content that infringes third-party intellectual property or privacy rights.
- Political campaigning without proper disclosure as required by applicable law.
- Messages to numbers obtained through scraping, purchased lists, or other non-consented means.
Violation of this section may result in immediate account suspension without refund of remaining credits.
20. Blacklist and opt-out compliance
The Service maintains a blacklist of numbers that have opted out of receiving messages. You must not attempt to remove numbers from this list or circumvent opt-out requests. Adding a number to the blacklist is immediate and permanent unless the recipient explicitly consents to re-subscribe. You are additionally responsible for maintaining your own opt-out records in compliance with applicable law.
21. Service availability
We aim to provide a reliable service but do not guarantee uninterrupted availability. Scheduled or emergency maintenance, third-party network outages, and events beyond our control may affect availability. Mobile Sasa shall not be liable for any loss arising from service unavailability. We will endeavour to communicate planned maintenance in advance where possible.
22. Intellectual property
The Service and its underlying technology remain the exclusive property of Mobile Sasa. These Terms do not grant you any right to copy, modify, distribute, or create derivative works of the Service. You retain all rights to the message content you submit; by submitting content you grant us a limited licence to process and transmit it solely for the purpose of providing the Service.
23. Termination
We may suspend or terminate your account at any time, with or without notice, for violation of these Terms, non-payment, or any conduct we determine to be harmful to the Service or other users. Unused SMS credits at the time of termination for cause are forfeited. You may close your account at any time by contacting [email protected]. Account deletion and data retention are described in our Privacy Policy.
24. Limitation of liability
To the maximum extent permitted by applicable law, Mobile Sasa and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of business opportunity, or reputational harm, arising out of or in connection with:
- Message delivery failures or delays caused by mobile network operators.
- Inaccurate or missing delivery reports.
- Campaigns dispatching within a reasonable window of the scheduled time.
- Messages dispatched prior to a cancellation request being processed.
- Unauthorised use of your account or API tokens.
- Service interruptions or downtime.
Our total aggregate liability to you for any claim shall not exceed the amount you paid to Mobile Sasa in the three months preceding the event giving rise to the claim.
25. Indemnification
You agree to indemnify and hold harmless Mobile Sasa and its affiliates from and against any claims, damages, penalties, fines, and legal costs arising from: (a) your use of the Service; (b) content you transmit through the Service; (c) your violation of these Terms or any applicable law or regulation; or (d) complaints from recipients of your messages.
26. Governing law
These Terms are governed by the laws of Kenya. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.
27. Changes to these terms
We may update these Terms from time to time. We will provide at least 14 days' notice of material changes via email or a prominent notice within the Service. Continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms.
28. Contact
For questions about these Terms, contact us at [email protected] or [email protected].