Terms & Conditions

Please read our terms of service.

Home   /   Terms & Conditions

TERMS OF SERVICE (TOS) – UP DIGITAL


Welcome to UP Digital. These Terms of Service (“Terms”) govern your access to and use of our value-added services (“Services”), including messaging platforms, shortcodes, digital content delivery, APIs, subscription services, and related technology offered through our website or systems.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please stop using the Services immediately.

DEFINITIONS

  • “UP Digital” refers to our company, its subsidiaries, staff, and authorized partners.

  • “VAS” means value-added services delivered via mobile networks, including SMS, USSD, IVR, billing, and content services.

  • “User” / “You” means any individual or business using our Services.

  • “Operator” means mobile network operators such as MTN, Airtel, Glo, 9mobile, Int'l, etc.

  • “Subscription Services” means recurring content or messaging services billed periodically.

  • “Content” means text, audio, video, notifications, marketing messages, alerts, or any material delivered through our systems.

ELIGIBILITY

To use UP Digital’s Services, you must:

  • Have the legal capacity to enter a binding contract;

  • Use the Services in compliance with all applicable laws, regulations, and telecom rules.

DESCRIPTION OF SERVICES

UP Digital provides a wide range of VAS and digital communication solutions, including:

  • Bulk SMS and enterprise messaging

  • OTP and transactional messaging

  • USSD and SMS shortcodes

  • Mobile subscription/recurring content services

  • Digital content delivery (tips, alerts, news, entertainment, etc.)

  • API integrations (messaging, verification, billing)

  • Operator billing and direct carrier billing

  • Enterprise-grade communication tools

  • Custom VAS application development

UP Digital may expand or modify services as required.

USER RESPONSIBILITIES

By using our Services, you agree to:

  1. Provide accurate registration or company information.

  2. Use the Services only for lawful and authorized communication.

  3. Obtain proper consent from recipients before sending messages.

  4. Follow all mobile operator guidelines for opt-in, opt-out, and content policies.

  5. Not engage in spam, phishing, fraud, or unsolicited bulk messaging.

  6. Maintain the security of your account credentials.

  7. Comply with telecom, consumer protection, and data protection laws.

  8. Take full responsibility for all content transmitted through your account.

UP Digital reserves the right to suspend or terminate Services for misuse or violations.

CONTENT RESTRICTIONS

You must NOT use UP Digital’s Services to transmit:

  • Illegal, fraudulent, or misleading content

  • Pornographic, explicit, or adult material

  • Hate speech, threats, or harassment

  • Violent or abusive content

  • Malware or harmful code

  • Political content without regulatory approval

  • Unauthorized marketing messages

  • Content that violates network operator regulations

UP Digital may block, filter, or remove prohibited content.

SUBSCRIPTION SERVICES

For any subscription-based service provided by UP Digital:

  • The cost, billing cycle, and opt-in method will be clearly stated.

  • You will receive confirmation upon subscription.

  • You may unsubscribe at any time via the provided STOP command or menu option.

  • Operator charges may apply.

  • Refunds for operator billing follow operator policies.

UP Digital is not responsible for charges applied by third-party mobile operators.

FEES AND BILLING

Fees for using UP Digital’s Services may include:

  • Mobile operator billing

  • API usage charges

  • Subscription service fees

  • Enterprise billing plans

  • Prepaid or postpaid account billing

All fees are non-refundable unless required by applicable laws or operator rules.

SERVICE AVAILABILITY

UP Digital aims to maintain reliable and continuous service. However, we cannot guarantee uninterrupted access. Service interruptions may occur due to:

  • Network operator issues

  • Internet connectivity outages

  • System maintenance or upgrades

  • Force majeure events (fire, flood, etc.)

UP Digital is not liable for delays or failures caused by third-party networks.

PRIVACY & DATA PROTECTION

UP Digital collects and processes personal data in accordance with applicable data protection laws such as NDPR, POPIA, and GDPR (where applicable).

We may collect:

  • Phone numbers

  • Message logs

  • User preferences

  • Contact information

We do not sell personal data.
Please refer to the UP Digital Privacy Policy for more details (I can also create this document for you).

LIMITATION OF LIABILITY

To the extent allowed by law:

  • UP Digital is not liable for indirect or consequential damages.

  • We do not guarantee message delivery due to operator routing differences.

  • You are solely responsible for the content you send.

  • Our total liability is limited to the amount you paid in the last 30 days for the affected service.

TERMINATION

UP Digital may terminate or suspend your account if:

  • You violate these Terms

  • You send prohibited content

  • You engage in fraud, spam, or abuse

  • Required by law or requested by an operator

You may stop using our Services at any time by closing your account or ceasing usage.

INDEMNIFICATION

You agree to indemnify and hold harmless UP Digital, its directors, employees, and partners from any claims, losses, or damages arising from:

  • Your use of the Services

  • Your content

  • Your breach of these Terms

  • Your violation of any laws or third-party rights

INTELLECTUAL PROPERTY

All software, tools, platform components, graphics, and trademarks belong exclusively to UP Digital.
Users may not copy, modify, or resell our technology without written consent.

CHANGES TO TERMS

UP Digital may update these Terms from time to time.
Continued use of the Services after updates means you accept the revised Terms.

CONTACT INFORMATION