Terms of Service

Please read these terms carefully before using our SMS service

Last updated: November 20, 2025

Important Notice

Please read this agreement carefully. By accessing or using our SMS service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms, you may not access or use the service.

1. Definitions

1.1 "BulkSMSNigeria.com" or "Company" refers to Audacity Mobile Ltd, a private company registered in Nigeria under RC 1143816.

1.2 "User," "You," or "Your" refers to the individual or entity using our SMS services.

1.3 "Service" means the SMS delivery platform and related services provided by BulkSMSNigeria.com.

1.4 "Account" refers to your registered user account on our platform.

2. Service Usage & Acceptable Use Policy

Prohibited Uses

You agree not to use our service for:

  • Sending spam, unsolicited messages, or bulk marketing without proper consent
  • Transmitting illegal, defamatory, abusive, or offensive content
  • Violating privacy, confidentiality, or intellectual property rights
  • Fraud, phishing, or any deceptive practices
  • Violating Nigerian Communications Commission (NCC) regulations
  • Bypassing Do-Not-Disturb (DND) restrictions without proper authorization

2.1 All messages must comply with Nigerian telecommunications regulations, including NCC guidelines and the Nigeria Data Protection Regulation (NDPR) 2019.

2.2 You are responsible for obtaining proper consent from recipients before sending messages, especially for marketing purposes.

3. Account Management

3.1 You are responsible for maintaining the confidentiality of your account credentials.

3.2 You must provide accurate and up-to-date information during registration.

3.3 We reserve the right to suspend or terminate accounts that violate these terms.

3.4 Account termination may result in immediate cessation of services and forfeiture of unused credits.

4. Payment Terms & Refund Policy

Payment Terms

  • All payments must be made in Nigerian Naira (₦)
  • SMS credits are non-refundable once successfully delivered
  • Failed payments may result in service suspension
  • We accept bank transfers, card payments, and USSD payments

4.1 Refund Policy: Refunds are generally not provided once SMS credits are purchased and credited to your account.

4.2 Refunds may be considered only in cases of:

  • System failure preventing message delivery for over 48 hours
  • Duplicate charges due to technical errors
  • Service unavailability for extended periods

4.3 Refund requests must be submitted within 14 days with supporting documentation.

4.4 Approved refunds will be processed within 30-60 business days with a 5% processing fee deducted.

5. Data Protection & Privacy

NDPR Compliance

We comply with the Nigeria Data Protection Regulation (NDPR) 2019 and implement appropriate technical and organizational measures to protect your data.

5.1 Your contact databases and message content remain your exclusive property.

5.2 We do not share, sell, or distribute your data to third parties without consent.

5.3 Data may be disclosed when required by Nigerian law or court orders.

5.4 You have the right to access, correct, or delete your personal data.

6. Service Availability & Limitations

6.1 We strive for 99.9% uptime but cannot guarantee uninterrupted service.

6.2 Service may be temporarily unavailable due to maintenance, network issues, or force majeure events.

6.3 Message delivery depends on mobile network operators and is subject to their terms and conditions.

6.4 We are not liable for delivery failures caused by recipient network issues or invalid phone numbers.

7. Limitation of Liability

7.1 Our liability is limited to the amount paid for services in the preceding three months.

7.2 We are not liable for indirect, consequential, or incidental damages.

7.3 You indemnify us against claims arising from your use of the service.

7.4 These limitations apply to the fullest extent permitted by Nigerian law.

8. Termination

8.1 Either party may terminate this agreement with 30 days' written notice.

8.2 We may immediately terminate for violations of these terms.

8.3 Upon termination, access to services will cease and unused credits may be forfeited.

8.4 Termination does not affect accrued rights and obligations.

9. Governing Law & Dispute Resolution

9.1 These terms are governed by the laws of the Federal Republic of Nigeria.

9.2 Disputes will be resolved through arbitration in Lagos, Nigeria, under the Arbitration and Conciliation Act.

9.3 Nigerian courts have exclusive jurisdiction for enforcement of arbitral awards.

10. Updates to Terms

10.1 We may modify these terms at any time with reasonable notice.

10.2 Continued use of services after changes constitutes acceptance.

10.3 Material changes will be communicated via email or platform notifications.

11. Contact Information

For questions about these terms, please contact us:

Email: legal@bulksmsnigeria.com

Phone: +234 90 500 300 90

Address: 72 Ekpo Abasi Street, Calabar, Cross River State, Nigeria

By using BulkSMSNigeria.com services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.