ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) forms part of the binding Terms of Service.

When we refer to “AT”, “we”, “us”, or “our”, we mean Africastalking (K) Limited or the relevant Africa’s Talking entity as described in the Agreement.

When we refer to “Client”, “you”, or “your”, we mean:

• An individual person who has entered into the Agreement with AT in their own capacity (such as a developer or sole user); or
• A legal entity (such as a company, organisation, or sole proprietor) that has entered into the Agreement with AT, including all individuals authorised by that entity to access or use the Services on its behalf (“Authorised Users”), as described in the Agreement.

By using the Services, the Client and its Authorised Users agree to comply with this AUP. Failure to comply with this AUP constitutes a material breach of the Agreement and may result in suspension or termination of Services.

1. GENERAL OBLIGATIONS

1.1 Legal Compliance:

• You must use the Services in full compliance with all applicable laws, regulations, and industry standards, including those related to telecommunications, data protection, privacy, anti-spam, consumer protection, and financial transactions.
• The Services must not be used in a manner that infringes, misappropriates, or violates any third-party intellectual property rights, including copyrights, trademarks, patents, or trade secrets.

1.2 Content Restrictions:

You shall be responsible for the Content to be transmitted to the Subscribers and shall ensure that the Content and all associated marketing materials comply with the provisions of this Agreement and all applicable laws and regulations.

You must not transmit or store any content through the Services that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable. Specifically, content transmitted through AT’s API Platform must not:

• Incite or depict violence, sadism, cruelty, or anything of a repulsive or horrible nature.
• Promote dangerous practices, harmful or illegal substances, or incite fear or anxiety.
• Be gravely or widely offensive, demeaning, discriminatory, or promote hate speech, including content that is morally repugnant or prejudicial to AT's or its partners' business interests.
• Result in unreasonable invasion of privacy or defame, degrade, demean, or slander any person.
• Include foul language or content that is repulsive, horrific, or of a nature likely to cause widespread offence.
• Exploit vulnerable individuals or groups, or seek to take advantage of any characteristic or circumstance that makes consumers vulnerable.
• Be false, misleading, or deceptive, including inaccurate or outdated information.
• Be pornographic, or convey any content, message, or transmission that could be seen as morally repugnant.
• Engage in any other illegal practices, fraudulent activities or any acts of dishonesty and deception that directly or indirectly harm our business or exploit our Services; or
• Infringe the copyright, patent, trademark, trade secret, or other proprietary rights of any third party.

1.3 Network and System Integrity:

You must not:

• Interfere with or disrupt the integrity, security or performance of the Services or AT's systems or networks.
• Attempt to gain unauthorised access to AT's systems, networks, or data, or to any other user's account or information.
• Use the Services in a manner that could damage, disable, overburden, or impair AT's systems or networks.
• Transmit any viruses, worms, Trojan horses, or other malicious code.
• Interfere with, damage, disrupt, or unlawfully gain access to any service, equipment, or computer network belonging to AT, its partners, or any third party.

1.4 Communication Practices:

You must not:

• Send unsolicited or unauthorised commercial communications (spam).
• Engage in fraudulent, deceptive, or misleading activities.
• Create a false identity, forge information, or mislead others about the sender or origin of messages.
• Collect information about others without their explicit consent.

1.5 API Usage:

• You must adhere to the documentation and guidelines provided by AT for API usage, ensuring secure and appropriate use.
• Avoid any excessive or abusive usage patterns that could negatively impact the performance or availability of the Services.
• You must not misuse the APIs, including attempting to exceed usage limits or using the APIs in a manner that may disrupt Services for other users.
• Ensure that your integration with AT's APIs does not expose vulnerabilities, and take appropriate measures to secure your API keys and authentication credentials.

2. SPECIFIC RESTRICTIONS

2.1 Bulk Messaging:

You must:

• comply with all regulations and industry guidelines regarding bulk messaging.
• obtain proper consent from recipients before sending messages.
• provide clear and easy opt-out mechanisms.
• not send messages to individuals on do-not-call lists or who have otherwise opted out.
• ensure that any automated messages comply with applicable regulations.
• avoid spamming, phishing, or any activity that could be considered deceptive or misleading.
• implement mechanisms to manage and monitor message send rates, ensuring compliance with applicable regulations and avoiding network congestion.

Sender ID Restrictions: You are prohibited from using a local sender ID to send SMS traffic that is intended for international recipients. All SMS messages must be sent with an appropriate sender ID that reflects the origin and nature of the message. Using a local sender ID to mask international traffic violates regulatory requirements and may result in the immediate suspension of your service, fines, or termination of your contract

2.2 USSD:

• Use USSD services responsibly, ensuring that your use does not constitute harassment, fraud, or any deceptive practices.
• All automated calls or messages must comply with applicable regulations, including those governing consent and frequency of communication.
• Refrain from using Voice and USSD services to engage in activities such as call refilling, number masking, or grey route calling, which are prohibited and may lead to service termination.
• Ensure that any interactive services provided through USSD are clear, lawful, and do not mislead users regarding costs or terms of use.

2.3 Voice:

You agree that you are solely responsible for your use of Voice Services and shall comply with all applicable laws, regulations, and third-party carrier obligations, including those imposed by telecommunications providers and regulators in each jurisdiction where you operate. Specifically:

• Voice Services must not be used to transmit threatening, abusive, harassing, or defamatory messages.
• You must comply with applicable regulations regarding call recording, including notifying all parties involved when required by law.
• Voice Services must not be used to impersonate individuals or entities without their consent.
• You must not use Voice Services for unsolicited promotional calls (robocalls) without the explicit consent of the recipients.
• Voice Services must not be used for any fraudulent activity, including phishing or attempting to obtain sensitive information through deception.
• All calls made using our Services must comply with applicable laws on call duration, frequency, and content, and must not cause undue distress or inconvenience to recipients.
• You must not use our Services to mask or disguise the origin of international calls as local calls. All calls must accurately reflect the originating phone number and location, in compliance with applicable regulations. Misrepresentation of call origin is strictly prohibited, as it undermines trust in telecommunications services and violates regulatory requirements.
• Any form of call spoofing or manipulation of Caller ID information is prohibited, except where expressly allowed by applicable law and with the explicit consent of the recipient. Calls must transparently convey the correct information about the caller.
• You must ensure that any use of Voice Services involving emergency communications complies with applicable regulations, including providing accurate location information where required.

2.4 Shortcode:

• Shortcode services must be used in compliance with applicable regulatory requirements, including content approval processes.
• You must not use shortcode services for fraudulent purposes or to deceive users.
• Shortcode services must not be used to distribute unsolicited marketing messages or spam without proper consent.
• All content delivered through shortcode services must be pre-approved where required by regulators, and must comply with the principles of fairness, transparency, and lawfulness.
• You must ensure that all subscription-based services provided through shortcodes are opt-in, with clear instructions for users on how to opt-out.
• Shortcodes must not be used to exploit vulnerable individuals, including minors, or to facilitate gambling without appropriate regulatory authorisation.

2.6 Airtime Services:

• Airtime services must not be used to facilitate money laundering, fraud, or any other illegal activities.
• You are responsible for ensuring that all transactions involving airtime services are conducted lawfully and transparently.
• You must ensure that users are fully informed of any charges associated with airtime services and that all charges are presented clearly and transparently before the transaction is completed.
• Airtime services must not be used for the purposes of arbitrage or to manipulate market conditions.
• You must not use airtime services to provide unsolicited promotional content or to conduct fraudulent activities, including airtime theft or unauthorised transfers.
• Airtime services must be delivered promptly, and any failure to deliver airtime as promised must be addressed immediately, with users notified of any delays or issues.

2.7 Gambling Advertising Compliance: 

• Client's liability. The Client is the sole publisher of every item of “Gambling Content” disseminated through the Services and therefore accepts full legal and financial responsibility for that content.
• Prior approval. The Client warrants that each item of Gambling Content has been
• Continuing duty. The Client shall monitor, familiarise itself with and implement all amendments to the advertising guidelines or other requirements issued by BCLB, KFCB, the Communications Authority of Kenya, the Kenya Revenue Authority or any successor regulator without reliance on Africa’s Talking for update notices.
• The Client must therefore comply with the following requirements (as first published by BCLB on 29
  1. An operator SHALL be duly licensed by BCLB before seeking approval for advertisement.
  2. Gambling adverts SHALL NOT glamorise betting or use celebrities, influencers and content creators to endorse or promote gambling.
  3. All gambling adverts SHALL;
     • Indicate the BCLB license number
     • Carry a responsible gambling message i.e.” Gambling is addictive! Play responsibly!”
     • Contain the minimum age requirement "not for persons under 18 years of age"
     • Contain the name and address of the operator
     • Have a customer-care number displayed/mentioned at all times
     • Have the words "authorised and regulated by the Betting Control and Licensing Board" displayed/mentioned at all times
     • Not have a-call-to-action message
     • Not associate gambling with celebrities or social success
     • Not depict gambling as a source of income
     • Not use testimonials as a means of advertising
• Worthy mentions will include the following message:- “Brought to you courtesy of..... or "Sponsored by ......,
• The worthy mentions SHALL include responsible gambling messages (“gambling is addictive play responsibly”) and SHALL NOT include jingles and hooks.
• Responsible Gambling Messaging:
• To promote responsible gambling in the sector all gambling and permit holders SHALL adhere to the following guidelines: -
  1. Advertisements shall indicate the addictive nature of gambling, clearly warning consumers about the potential risks involved.
  2. Minors should explicitly be prohibited from participating in any form of gambling activities and therefore gambling advertisements must not contain content that appeals to minors.
  3. Former winners should not be featured in advertisements to encourage gambling participation. This can create a misleading impression of easy winnings.
• The Board will continue to evaluate the gambling industry and issue additional guidelines to promote responsible gambling and safeguard punters.

3. INDEMNITY

You shall indemnify and hold AT harmless from and against any penalties, damages, or claims arising from your breach of Network Provider obligations or regulatory requirements related to your use of Services.

4. CONSEQUENCES OF NON-COMPLIANCE

Should you breach of the Acceptable Use Policy, AT may exercise any of these options:

4.1 Fines and Penalties:AT may charge you penalties as determined by the Network Providers and/or Regulators. The penalties shall be enforced per incident and may vary based on the severity and frequency of the violation.

4.2 Service Suspension or Termination: Violation of these provisions may result in immediate suspension or termination of the Services, with or without notice, if required by Network Providers, regulators, or in cases where AT reasonably determines there is a risk to its API Platform, clients, or third parties.

4.3 Legal Action: AT reserves the right to take any further legal or corrective action necessary to rectify the breach and prevent future occurrences, including cooperating with law enforcement where fraudulent or illegal activities are involved.

5. NOTIFICATION AND DISPUTE RESOLUTION

Upon identifying a breach or potential breach of the Acceptable Use Policy, AT will provide you with written notification detailing the nature of the breach, the evidence gathered, and any impending penalties or actions to be taken. You will have the opportunity to respond to this notification within the specified timeframe, typically seventy-two hours. You shall indemnify and hold AT harmless from and against any penalties, damages, or claims arising from your breach of Network Provider obligations or regulatory requirements related to your use of Voice Services.

6. UPDATES TO THE AUP

AT reserves the right to modify the Acceptable Use Policy at any time. We will provide notice of at least thirty (30) days for any material changes, during which you can review the revised policy as it will be posted on our website and the Dashboard. Changes will be effective thirty (30) days after they are posted. Your continued use of the Services after these changes have been posted and take effect signifies your acceptance of the new terms. You agree to periodically review the Acceptable Use Policy to ensure continued compliance with the updated terms.