Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the FlyMySMS bulk and transactional SMS platform (the "Service"), operated by FlyMyAds Digital Services (trading as "FlyMySMS", "we", "us", or "our"), a company registered in Nigeria.

By creating an account, you agree to be bound by these Terms. If you are creating an account on behalf of a business or other entity, you represent that you have the authority to bind that entity, and "you" refers to both you and that entity. If you do not agree to these Terms, do not create an account or use the Service.

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for the accuracy of the information provided at signup, for keeping your login credentials confidential, and for all activity that occurs under your account. Notify us immediately of any unauthorized use of your account.

FlyMySMS lets you send SMS messages - transactional (e.g. one-time passwords, delivery alerts) and bulk/marketing campaigns - to recipients you provide, via the SMS gateway(s) we integrate with. Message delivery ultimately depends on third-party mobile networks and carriers outside our control; see Section 7 ("Service Availability").

You agree not to use the Service to send, or facilitate sending, any message that:

• is sent to a recipient who has not consented to receive it, or violates any applicable anti-spam, telecommunications, or consumer-protection law or regulation, including rules issued by the Nigerian Communications Commission (NCC) or any equivalent regulator in the recipient's jurisdiction;
• is fraudulent, deceptive, or impersonates another person or organisation (including phishing or spoofed one-time-password messages);
• is unlawful, defamatory, obscene, harassing, or infringes any third party's intellectual property or privacy rights;
• contains malware or is intended to disrupt, damage, or gain unauthorized access to any system; or
• violates the acceptable-use policy of the underlying SMS gateway or carrier used to deliver it.

We may suspend or terminate your account for violating this section, without refunding any wallet balance forfeited as a result - see Section 8.

Sending campaign messages is a paid service: your organisation's wallet is debited per message segment at the rate shown in the app at the time you queue a campaign, and payments to top up your wallet are processed by our third-party payment processor (currently Paystack). Wallet top-ups are non-refundable except where required by applicable law or at our discretion. Pricing may change at any time; changes apply to campaigns queued after the change takes effect, not retroactively.

We separately provide a limited number of free test messages (currently 5 per organisation, shown in the app) so you can confirm delivery is working before running a paid campaign. These are provided as-is, are not guaranteed, and do not affect your wallet balance.

You retain ownership of the contact lists, message content, and other data you upload to the Service ("Your Content"). You represent that you have the necessary rights and consents to upload Your Content and to send messages to the recipients you provide. We process Your Content only to provide the Service to you, as described in our Privacy Policy.

We work to maintain high delivery rates through automatic routing and retry logic, but we do not guarantee that any specific message will be delivered, delivered without delay, or delivered at all - delivery depends on factors outside our control, including recipient network coverage, device settings, and third-party carrier behaviour. The Service is provided "as is" and "as available", without warranties of any kind, express or implied, to the fullest extent permitted by law.

We may suspend or terminate your account, with or without notice, for violating these Terms, non-payment, suspected fraud, or as required by law or a competent regulator. You may stop using the Service at any time; amounts already debited from your wallet for messages already sent are not refunded on termination.

To the fullest extent permitted by law, FlyMySMS will not be liable for any indirect, incidental, special, or consequential damages, or for any loss of profits, revenue, or data, arising from your use of the Service. Our total liability for any claim arising out of these Terms is limited to the amount you paid us in the three (3) months preceding the event giving rise to the claim.

We may update these Terms from time to time. If we make material changes, we will make a reasonable effort to notify you (e.g. by email or an in-app notice) before they take effect. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the Federal Republic of Nigeria, without regard to its conflict-of-laws principles. Any dispute arising out of these Terms will be subject to the exclusive jurisdiction of the courts of Nigeria.

Questions about these Terms can be sent to admin@flymyads.com.