1. Introduction and Agreement
These Terms of Use ("Terms") govern your access to and use of the xSignal SMS delivery platform ("Platform") operated by xSignal Provider ("xSignal", "we", "us", "our").
By registering for an account, accessing the Platform, or using our SMPP or HTTP API services, you ("Client", "you") agree to be bound by these Terms. If you are accepting on behalf of a company or organisation, you represent that you have the authority to bind that entity.
If you do not agree to these Terms, you must not access or use the Platform.
2. Description of Services
xSignal provides business SMS delivery infrastructure including:
- SMPP API: direct SMPP binding for high-volume, real-time message delivery
- HTTP API: RESTful interface for programmatic message submission
- Client Portal: web-based dashboard for account management, credential management, and delivery reporting
- Wallet and Billing: prepaid wallet system for funding SMS campaigns
Services are provided on a prepaid basis. Access is subject to account approval, identity verification, and continued compliance with these Terms.
3. Account Registration and Eligibility
3.1 Eligibility
The Platform is available to registered businesses and professional organisations only. By registering, you confirm that:
- You are operating as a legitimate business entity
- Your intended use is lawful under Nigerian law and the laws of the jurisdiction(s) in which your recipients are located
- You are at least 18 years of age and have the legal capacity to enter into binding agreements
3.2 Account Security
You are responsible for maintaining the confidentiality of your API credentials, SMPP system IDs, and passwords; all activity that occurs under your account; and notifying us immediately at inquiry@xsignalling.xyz if you suspect unauthorised access.
We are not liable for losses resulting from unauthorised account access caused by your failure to secure your credentials.
3.3 Account Approval
Account applications are reviewed manually. We reserve the right to approve, decline, or defer any application without providing a reason.
4. Acceptable Use
4.1 Permitted Use
You may use the Platform solely for lawful business messaging, including:
- Transactional alerts, including OTP, order confirmations, and payment receipts
- Service notifications to your existing customers
- Business communications where the recipient has consented to receive messages from you
4.2 Prohibited Use
You must not use the Platform to:
- Send unsolicited bulk messages (spam) to individuals who have not opted in to receive communications from you
- Transmit content that is fraudulent, misleading, deceptive, or designed to phish personal or financial information
- Impersonate any person, business, government agency, or brand
- Send messages that are obscene, threatening, harassing, or defamatory
- Facilitate illegal gambling, pyramid schemes, or unauthorised financial services
- Distribute malware, phishing links, or malicious code
- Circumvent any rate limits, access controls, or security measures on the Platform
- Resell or sublicense access to the Platform without our prior written consent
- Use the Platform in any manner that violates Nigerian law, Nigerian Communications Commission (NCC) regulations, or the laws of any recipient's jurisdiction
4.3 Sender ID Compliance
Sender IDs used on the Platform must be registered and approved in accordance with NCC requirements, accurately identify your business, and not impersonate government agencies, financial institutions, or other brands.
We reserve the right to disable any Sender ID that violates these requirements without prior notice.
4.4 Content Standards
You are solely responsible for the content of all messages submitted through the Platform. You warrant that you have obtained all necessary consents from message recipients, your message content complies with the NCC Consumer Code of Practice, NDPR, and any other applicable regulations, and you maintain records of recipient consent and can produce them on request.
5. Billing and Payment
5.1 Prepaid Wallet
The Platform operates on a prepaid basis. You must maintain a sufficient wallet balance to send messages. We do not extend credit.
5.2 Pricing
Pricing is determined by message route, destination, and volume. Current rates are available in your Client Portal. We reserve the right to adjust pricing with at least 7 days' notice communicated via email or the dashboard.
5.3 Top-Ups
Wallet top-ups are processed via our supported payment providers, including Paystack and Flutterwave. Top-ups are non-refundable except as required by applicable Nigerian law or as agreed in writing by us.
5.4 Disputed Charges
If you believe a charge is incorrect, you must notify us in writing within 30 days of the charge. We will investigate and respond within 14 business days.
6. Service Levels and Availability
6.1 No Uptime Guarantee
We will use commercially reasonable efforts to maintain Platform availability. However, we do not guarantee uninterrupted or error-free service. Downtime may occur due to scheduled maintenance, upstream carrier issues, or circumstances beyond our control.
6.2 Scheduled Maintenance
Where reasonably practicable, we will provide advance notice of scheduled maintenance that is expected to affect service availability.
6.3 Message Delivery
Delivery of messages to end recipients depends on upstream SMPP carriers and mobile network operators. We do not guarantee delivery of any individual message and are not liable for delivery failures caused by carrier issues, recipient handset status, or network conditions.
7. Intellectual Property
All software, APIs, documentation, trademarks, and content comprising the Platform are the property of xSignal / xSignal Provider or its licensors. These Terms do not grant you any ownership rights in the Platform.
You retain ownership of your message content and business data. You grant us a limited licence to process your data solely for the purpose of providing the Platform services.
8. Confidentiality
You agree to keep confidential any non-public technical information, pricing, API specifications, or business information you receive from us in connection with the Platform. This obligation survives termination of your account.
9. Data Protection
Each party agrees to comply with applicable data protection law, including the NDPA 2023 and NDPR 2019, in connection with personal data processed through the Platform. Our Privacy Policy, available at xsignalling.xyz/privacy, describes how we collect and handle your data.
Where you submit personal data of third parties, including your message recipients, through the Platform, you are the data controller and are solely responsible for ensuring you have a lawful basis for that processing.
10. Suspension and Termination
10.1 Suspension by Us
We may immediately suspend your account, with or without notice, if we reasonably suspect violation of the Acceptable Use provisions in Section 4; your account is associated with fraudulent activity or complaints from recipients or carriers; we are required to do so by law or regulatory instruction; or your wallet balance is insufficient and outstanding obligations remain.
10.2 Termination by You
You may terminate your account at any time by contacting inquiry@xsignalling.xyz. Unused wallet balances at termination are handled in accordance with our refund policy in Section 5.3.
10.3 Termination by Us
We may terminate your account with 14 days' written notice for any reason. We may terminate immediately for material breach of these Terms.
10.4 Effect of Termination
Upon termination, your API access and SMPP credentials will be revoked. We will retain your data in accordance with our Privacy Policy's retention schedule.
11. Limitation of Liability
11.1 No Consequential Damages
To the maximum extent permitted by Nigerian law, xSignal / xSignal Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of profits, loss of data, or business interruption, arising from your use of or inability to use the Platform.
11.2 Cap on Liability
Our total aggregate liability to you for any claim arising under or in connection with these Terms shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.
11.3 Exceptions
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under applicable Nigerian law.
12. Indemnification
You agree to indemnify, defend, and hold harmless xSignal / xSignal Provider, its officers, employees, and agents from and against any claims, losses, damages, penalties, or expenses, including legal fees, arising from:
- Your use of the Platform in breach of these Terms
- The content of messages you send through the Platform
- Your violation of any applicable law, including data protection and NCC regulations
- Any claim by a third party arising from messages you sent through the Platform
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Federal Republic of Nigeria. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Federal High Court of Nigeria or such other competent court as may be agreed by the parties in writing.
14. 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 dashboard notice. Continued use of the Platform after the effective date of any update constitutes acceptance of the revised Terms.
15. Miscellaneous
Entire Agreement: These Terms, together with the Privacy Policy and any order forms or service agreements, constitute the entire agreement between you and xSignal with respect to the Platform.
Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor entity in connection with a merger or acquisition.
16. Contact
For questions about these Terms, contact xSignal / xSignal Provider.
Email: inquiry@xsignalling.xyz
Website: xsignalling.xyz