Terms and Conditions

1. Eligibility and acceptance

You must be at least the age of majority in your jurisdiction and have authority to bind any organization on whose behalf you use the Services. If you do not agree to these Terms, do not use the Services.

2. Accounts and security

You are responsible for maintaining the confidentiality of your login credentials and API tokens and for all activity under your account. You must provide accurate registration information and notify us promptly of any unauthorized use. We may suspend or terminate accounts that compromise security or violate these Terms.

3. The Services

FortWave provides tools to send and manage SMS and WhatsApp Business messages, including APIs, dashboards, and related features described in product documentation. SMS is delivered through our direct connections with mobile network operators, currently in Rwanda and Burundi; WhatsApp messages are delivered through the official WhatsApp Business Platform operated by Meta.

We may modify, suspend, or discontinue features with reasonable notice where practicable, or immediately where necessary for security, legal compliance, or operational reasons. Coverage, routes, and supported destinations may change over time.

4. Acceptable use

You will not use the Services to violate law, infringe rights, distribute malware, harass individuals, send deceptive or unlawful messages, scrape or overload our systems without permission, attempt unauthorized access, or resell the Services in violation of your agreement with us.

You are solely responsible for the content of messages you send and for obtaining any required consents, opt-ins, and permissions from recipients.

5. Messaging and regulatory compliance

Messaging services are subject to operator rules, industry standards, platform policies, and laws (including anti-spam, privacy, consumer protection, and telecommunications regulations) in the countries where you send messages. You must comply with all applicable rules, honor opt-out requests promptly, identify yourself truthfully, and maintain records as required.

You are responsible for obtaining and documenting valid recipient consent before sending, and for complying with the requirements of each destination market in which you send, including Rwanda and Burundi.

We may refuse, throttle, or block traffic that appears non-compliant, high-risk, or harmful to deliverability or reputation. Approval of sender IDs, templates, or traffic patterns does not constitute legal advice or a guarantee of compliance.

6. WhatsApp Business messaging

WhatsApp features are provided through the WhatsApp Business Platform operated by Meta. Your use of those features is additionally subject to Meta’s applicable terms and policies, including the WhatsApp Business Messaging Policy and Commerce Policy. Where those policies conflict with functionality you request, Meta’s policies control.

Template messages must be submitted for approval and may be approved, rejected, paused, or re-categorized by Meta at its discretion. Message categories assigned by Meta determine the applicable rate, and a category assigned or changed by Meta will determine what you are charged. We do not control approval outcomes, category assignment, quality ratings, or sending limits applied to your sender.

Meta may restrict, suspend, or disable a WhatsApp sender for policy violations or low quality ratings. Such action may interrupt your messaging, and we are not liable for interruptions arising from Meta’s decisions or from changes to the WhatsApp Business Platform.

7. API access and quotas

API use is subject to documentation, rate limits, authentication requirements, and fair use. You may not share tokens publicly, circumvent limits, or use the API in a way that degrades the Services for others. We may monitor usage to ensure stability and security.

8. Sender IDs and registrations

Alphanumeric sender IDs, short codes, WhatsApp sender numbers, and similar identifiers may require registration or approval by operators, regulators, or platform providers. You are responsible for accurate registration information and for any fees or obligations associated with those programs. We may withdraw or reassign identifiers if required by operators, regulators, platform providers, or law.

9. Fees, credits, and taxes

Paid plans, message credits, and usage-based fees are described at checkout, in your account, or in an order form. Prices vary by channel and destination market. Fees are non-refundable except as required by law or expressly stated. You authorize us and our payment processors to charge your payment method. Taxes may apply based on your location. Failure to pay may result in suspension of the Services.

Message delivery is not guaranteed; charges may apply based on submission or operator acceptance policies as described in product terms. WhatsApp template messages are charged per message by category, and reply-enabled WhatsApp senders are charged as a recurring monthly subscription per sender, which continues until you cancel the sender.

10. Intellectual property

FortWave and its licensors retain all rights in the Services, software, branding, and documentation. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes. You retain rights in your customer content; you grant us a license to host, process, and transmit your content as needed to provide the Services.

11. Third-party services

The Services may integrate with third-party tools or rely on carrier networks. Third-party services are governed by their own terms. We are not responsible for third-party services outside our reasonable control.

12. Disclaimers

Except where prohibited by law, the Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation or that messages will be delivered at specific times.

13. Limitation of liability

To the maximum extent permitted by law, neither FortWave nor its suppliers will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from or related to the Services or these Terms.

To the maximum extent permitted by law, our aggregate liability for claims arising from or related to the Services or these Terms will not exceed the greater of the amounts you paid to FortWave for the Services in the previous three months before the claim. Multiple claims will not enlarge this cap.

14. Indemnity

You will defend, indemnify, and hold harmless FortWave and its affiliates, officers, and employees from claims, damages, and costs (including reasonable attorneys’ fees) arising from your use of the Services, your customer content, your violation of these Terms, or your violation of law or third-party rights.

15. Suspension and termination

You may stop using the Services at any time. We may suspend or terminate access for breach of these Terms, non-payment, legal risk, or extended inactivity, with notice where reasonable. Upon termination, your right to use the Services ceases; provisions that by nature should survive (including liability limits, indemnity, and governing law) will survive.

16. Governing law and disputes

These Terms are governed by the laws designated in your separate agreement with FortWave, or if none, by the laws applicable in the jurisdiction where FortWave is established, excluding conflict-of-law rules. Courts in that jurisdiction will have exclusive jurisdiction unless mandatory consumer protections require otherwise. This placeholder should be replaced with your chosen venue and law after legal review.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms and update the “Last updated” date. If changes are material, we will provide additional notice as required by law or as described in your agreement. Continued use after the effective date constitutes acceptance of the revised Terms.

18. Contact

For questions about these Terms, contact us using the contact information provided on our website or in your account.