← Tuma SMS - Nei Shot

Terms of Service

Last updated: 29 April 2026 · Version 1.0

These Terms of Service ("Terms") govern your access to and use of the Tuma SMS - Nei Shot platform operated by NEI SHOT WEBX SOLUTIONS CC (CC/2025/02042) ("we", "us", "our"), at https://tumasms.online.

By creating an account, accessing the platform, or sending any message through the platform, you agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and (where applicable) the Data Processing Agreement.

1. Account & eligibility

You must be at least 18 years old and authorised to enter into binding contracts on behalf of the entity you represent. You are responsible for keeping your credentials secure and for all activity under your account. Notify us immediately at support@tumasms.online if you suspect unauthorised access.

2. The service

Tuma SMS - Nei Shot provides a hosted bulk SMS and email messaging platform with related contact, audience, scheduling, reporting, and API features. We may add, change, or remove features at our discretion. Material changes will be communicated in advance where practical.

The platform depends on third-party telecommunications carriers and providers. We do not guarantee delivery of any individual message and cannot be held liable for delivery delays, failures, or carrier-side filtering.

3. Acceptable use

You must comply with our Acceptable Use Policy. Violations may lead to immediate suspension. You alone are responsible for the lawfulness of every message you instruct us to send.

4. Fees, credits & billing

• SMS sending consumes pre-paid credits ("units") from your tenant wallet. Each message consumes one or more units depending on its length and encoding.
• Email sending is invoiced on a post-paid basis at the rate set out in your active plan.
• Plan fees, if any, are billed monthly.
• You authorise us to debit your wallet for the cost of every campaign you queue.
• Prices are in Namibian Dollars (NAD) unless otherwise stated and exclude VAT where applicable.

5. Refunds

Used credits are non-refundable. Unused credits remain valid for 12 months from purchase. If we suspend or terminate your account for breach of these Terms, no refund is owed.

6. Customer data & recipient consent

You retain ownership of all data you upload (contacts, message bodies, templates). You grant us a limited, non-exclusive licence to host, process, and transmit that data solely as required to provide the service.

You warrant that, for every recipient you message:

• You have a lawful basis (consent, contract, or legitimate interest);
• You have provided required disclosures and a clear opt-out path;
• The content respects local laws (Namibia) and any applicable local laws of the recipient.

If a recipient sends STOP (or equivalent) by SMS, or clicks an unsubscribe link, we will automatically suppress further messages from your tenant to that recipient and you may not attempt to circumvent that suppression.

7. Intellectual property

The Tuma SMS - Nei Shot platform, including all software, designs, branding, and documentation, is owned by us or our licensors. Nothing in these Terms transfers any intellectual property right to you beyond the limited right to use the platform under these Terms.

8. Suspension & termination

We may suspend or terminate your account immediately if:

• You breach these Terms or the Acceptable Use Policy;
• A carrier or regulator instructs us to;
• We reasonably suspect fraud, security risk, or abuse;
• You fail to pay any due amount within 30 days of invoice.

You may close your account at any time by contacting support@tumasms.online. Sections 6, 7, 10, 11, 12 and 13 survive termination.

9. Warranties & disclaimers

The platform is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all express or implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy of delivery reports, and uninterrupted availability.

10. Liability

To the maximum extent permitted by law:

• Our aggregate liability arising out of or relating to these Terms or the platform is capped at the greater of (i) the fees you paid us in the three months preceding the event giving rise to the claim, or (ii) NAD 5,000.
• We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost business, or damage to reputation.
• Nothing in these Terms excludes liability that cannot be excluded by law.

11. Indemnity

You will indemnify and hold us harmless from any third-party claim, loss, or expense (including reasonable legal fees) arising from: (a) the content of messages you sent through the platform; (b) your breach of these Terms or the Acceptable Use Policy; or (c) your handling of recipient personal information.

12. Changes

We may amend these Terms by posting an updated version and bumping the "Last updated" date. Continued use of the platform after the change constitutes acceptance. Material changes will be communicated by email.

13. Governing law

These Terms are governed by the laws of the Republic of Namibia. The High Court of Namibia (Windhoek) has exclusive jurisdiction over any dispute, except that we may seek interim relief in any court of competent jurisdiction.

14. Miscellaneous

• Entire agreement. These Terms (together with the Privacy Policy, AUP, DPA where applicable, and any order form) constitute the entire agreement between us.
• Severability. If a provision is found unenforceable, the remainder stays in effect.
• No waiver. Our failure to enforce a right is not a waiver.
• Assignment. You may not assign without our written consent. We may assign in connection with a merger, acquisition, or sale of substantially all assets.
• Notices. Notices to you go to the email on your account; notices to us go to support@tumasms.online.