Terms of use

About these terms

These terms apply to tumatext.co.ke and to our products, TumaEmail, TumaChat and TumaInvite, run by Tumatext Limited (“Tumatext”, “we”), a company in Kenya. By using the website or a product you agree to them. If your organisation has a separate written agreement with us, that agreement applies first where the two differ. How we handle personal data is in our privacy policy.

Using this website

The website tells you about us and our products. You may read, link to and share it. Please do not copy it for another site, try to break into it, or overload it. We aim to keep it accurate, but product details, features and prices can change; ask us to confirm before you rely on them.

Accounts in our products

• A client’s account is opened by us, and its administrators invite its own users. Each user signs in as themselves; never share a sign-in.
• Keep passwords and authenticator codes private, and tell us at once if you think someone else has used your account.
• The client is responsible for what its users do in its account, and for keeping the list of its users up to date.

Acceptable use

You must not use our products to:

• send spam or messages to people who have not agreed to hear from you, or keep sending to people who have unsubscribed or opted out;
• send anything unlawful, fraudulent, misleading, harassing or harmful, or that infringes someone else’s rights;
• send malware, or links to it, or try to get around the products’ security or limits;
• break the rules of the networks our products use — WhatsApp’s Business and Commerce policies, Telegram’s terms, and Amazon’s email rules — which apply to you as well as to us.

We may stop a message, a campaign or an account that breaks these rules, or that puts our service or other clients at risk (for example through a high rate of bounces or complaints).

Your responsibilities as a sender

Our clients decide whom they contact and why, and are the data controllers for their contacts, customers and guests. As a client you must:

• have a lawful basis — such as consent where the law requires it — for every person you email or message, under Kenya’s Data Protection Act, 2019 and any other law that applies to them (for people in the European Union, the GDPR and the ePrivacy rules);
• tell them, in your own privacy notice, that you use TumaEmail’s open and click tracking where you do, and get their consent to it where the law requires;
• honour unsubscribes and opt-outs (the products record them and stop sending), and answer the requests people make about their data — we will help you;
• send from domains and numbers you own or are allowed to use.

Your data

The data you put into our products stays yours. We use it only to provide the product to you, keep it apart from every other client’s, and handle it as our privacy policy describes. You can export your contacts, and ask us for your data or its deletion when you leave.

Availability and changes

We work to keep the products running and to fix problems quickly, and we test every release before it reaches you. Like any online service they can sometimes be unavailable — for maintenance, or because of a network or provider (such as WhatsApp, Telegram or Amazon) outside our control. We improve the products over time; when a change takes away something you rely on, we will tell you beforehand.

Our software and names

The products, the website and the names and logos Tumatext, TumaEmail, TumaChat and TumaInvite belong to Tumatext Limited. Using them does not give you ownership of them, or the right to copy or resell them.

Liability

The website is provided as it is. As far as the law allows, we are not liable for indirect or consequential loss — such as lost profits, revenue or opportunities — from using the website or the products, or from their being unavailable. Nothing in these terms limits liability that the law does not allow to be limited, or your rights as a consumer under Kenyan law.

Suspension and ending

You can stop using a product at any time; tell us and we will close the account. We may suspend or close an account that breaks these terms, after telling you why where we can. When an account closes, you can ask for your data first.

Governing law

These terms are governed by the laws of Kenya. If a dispute arises we will first try to settle it with you directly; if we cannot, the courts of Kenya decide it. We may update these terms; the date at the top shows the latest version, and we tell our clients of significant changes before they take effect.

Contact

Tumatext Limited, Delta Riverside Office Park, Block 2, 3rd Floor, Riverside Drive, Nairobi, Kenya · [email protected] · +254 185 087 294