Effective: 27 May 2026 · Version: 2.0 · Operator: QUANTUM BITS
These Terms of Service ("Terms") form a binding agreement between you ("you", "Client") and QUANTUM BITS ("SMESS", "we", "us") governing your use of the SMESS messaging API and related dashboards, websites, and tools (the "Service"). By creating an account, completing payment, or sending any API request, you confirm that you have read, understood and agree to be bound by these Terms.
You must be at least 18 years old and authorised to enter contracts on behalf of any business you represent. The Service is intended for business and professional use; consumer use is not supported.
SMESS provides a programmable interface that relays text, media and template messages through third-party messaging networks (including WhatsApp). SMESS is an independent service and is not affiliated with, endorsed by, sponsored by, or operated on behalf of Meta Platforms, Inc., WhatsApp LLC, or any of their affiliates. WhatsApp® is a trademark of WhatsApp LLC. Your use of the underlying networks is additionally governed by their own terms (including the WhatsApp Business Messaging Policy and Meta Commerce Policies), which you agree to comply with.
You agree not to use the Service to:
You are solely responsible for obtaining and documenting recipient consent. We may demand proof of consent at any time and suspend sending pending evidence.
The Service is offered on the following billing models, selectable at checkout:
By selecting an auto-renewing option and completing payment, you expressly authorise QUANTUM BITS to debit your card (via Paystack) for the same amount on each renewal date until you cancel. We will email you a reminder 3 days before a monthly renewal and 7 days before an annual renewal. You may cancel auto-renewal at any time from Dashboard → Subscription → Cancel; cancellation takes effect immediately for future charges, and your plan remains active until the end of the period already paid for.
Prices are displayed in the currency you select at checkout (GHS / USD / EUR / GBP / NGN) and are exclusive of VAT, NHIL, GETFund Levy, COVID-19 Levy and any other applicable taxes, which will be added where legally required. Live currency conversion is for display only; the final charge is processed in the currency confirmed on the Paystack popup.
Each plan includes a published monthly message allowance, a per-minute send rate, and a maximum number of connected WhatsApp sessions. Exceeding these limits may result in throttling, temporary suspension, or an automatic upgrade prompt. Persistent abuse may result in termination under Section 9.
We may suspend or rate-limit your account immediately and without prior notice if we reasonably suspect: (a) Acceptable Use violations, (b) a compromised credential, (c) a payment dispute or chargeback, (d) a court or regulator order, or (e) a threat to the security or integrity of the Service. We will notify you as soon as practicable.
Either party may terminate this agreement on 30 days' written notice. We may terminate immediately for material breach (including Sections 4 and 6) without refund of any sums already paid. On termination your API keys are revoked and your data is handled in accordance with Section 12 of our Privacy Policy.
We target 99.5% monthly uptime measured at the API gateway, excluding scheduled maintenance and upstream WhatsApp / Meta outages, which are outside our control. The Service is provided on an "as-is" and "as-available" basis. We do not warrant uninterrupted delivery, particular delivery rates, or that any specific message will arrive.
All software, documentation, branding and the SMESS API are owned by QUANTUM BITS or its licensors. We grant you a non-exclusive, non-transferable, revocable licence to use the Service during the term of an active subscription. You retain ownership of the content you send through the Service.
To the maximum extent permitted by Ghanaian law, our aggregate liability for any claim arising out of or relating to the Service shall not exceed the total fees you paid to us in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special or punitive damages, loss of profits, loss of goodwill, loss of data, or business interruption, even if advised of the possibility. Nothing in these Terms excludes liability for fraud, death or personal injury caused by negligence, or any liability that cannot be excluded by law.
You agree to indemnify and hold harmless QUANTUM BITS, its officers, directors, employees and contractors against any third-party claim, fine or loss arising from (a) your breach of these Terms, (b) the content of messages you send, (c) your failure to obtain recipient consent, or (d) your infringement of any law or third-party right.
Neither party is liable for failure to perform due to events beyond reasonable control, including acts of God, war, terrorism, riots, embargoes, ECG load-shedding, ISP outages, denial-of-service attacks, or actions of upstream messaging providers.
We may amend these Terms by posting a revised version with a new version number and effective date. Material changes will be notified by email at least 30 days before they take effect. Continued use of the Service after that date constitutes acceptance. If you object, you may cancel under Section 5 and request a pro-rated refund of any unused portion of an annual plan.
These Terms are governed by the laws of the Republic of Ghana. The parties shall first attempt to resolve any dispute amicably within 30 days of written notice. Failing that, disputes shall be referred to mediation in Accra under the Ghana Arbitration Centre rules, and if still unresolved, to the exclusive jurisdiction of the High Court of Justice (Commercial Division) sitting in Accra.
If any provision is held unenforceable, the remainder of these Terms remains in effect. These Terms, together with the Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between the parties and supersede all prior understandings.
QUANTUM BITS
Email: sales@smess.io
SMESS will send renewal and trial-expiry notifications via both email and WhatsApp to the contact information you provided at registration. Reminders are sent:
It is your responsibility to:
SMESS is not liable for any loss of access, data, message history, queued messages, API keys, or downstream business impact arising from: (a) failure to receive notifications due to invalid, outdated, or unreachable contact information; (b) non-renewal of your subscription before the expiry date; (c) account suspension or expiry following non-payment; or (d) accidental or intentional deletion of your account after expiry.
After expiry, your account and associated data are retained in a recovery window of 90 days (the Client Retention Period) during which you may reactivate by renewing. After this period, your account and all associated data — including message logs, API keys, WhatsApp session credentials, and Cloud Backup state — are permanently and irrecoverably deleted. No restoration is possible after permanent deletion.
By creating an account you acknowledge and accept this notification and data-loss policy.