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Legal

Terms and conditions of sale and use

Updated on

URBAN TECHNOLOGY, a limited liability company (SARL) with share capital of one million (1,000,000) CFA francs, registered in the Cotonou trade and personal property credit register (RCCM) under number RB/COT/16 B 15170, whose registered office is located in Abomey-Calavi, Zogbadjè area, Latifou GBODJI house (hereinafter "URBAN TECHNOLOGY"), publishes and operates the multichannel communication platform "FasterMessage", accessible at fastermessage.com (hereinafter the "Platform").

These terms and conditions of sale and use (hereinafter the "Terms") govern access to the Platform and the provision of the Services defined in Article 1, to the exclusion of any other document. The Services are reserved exclusively for professionals (companies, organizations and government bodies) acting in the course of their business. The Terms are governed by Beninese law, and in particular by Law No. 2017-20 of April 20, 2018 establishing the Digital Code of the Republic of Benin, the OHADA Uniform Acts and the revised Bangui Agreement (OAPI).

Article 1 — Definitions

In these Terms, the following terms have the meanings set out below:

  • Platform: the FasterMessage website, dashboard and interface providing access to the Services.
  • Services: all the multichannel communication services provided by URBAN TECHNOLOGY (sending SMS, WhatsApp messages, emails and voice messages), one-time-code (OTP) verification, the API, webhooks and tracking tools.
  • Channel: a means of delivering Messages (SMS, WhatsApp, email or voice).
  • Customer or User: any professional holding an Account and using the Services.
  • Account: the Customer's secure personal space.
  • Credits: the prepaid units used to consume the Services.
  • A2P Message (Application-to-Person): any message sent from the Platform to a Recipient.
  • Recipient: the person to whom the Customer sends a Message.
  • Sender ID: the sender identifier displayed to the Recipient.
  • API: the application programming interface allowing the Services to be integrated with the Customer's systems.

Article 2 — Purpose and acceptance

Use of the Platform and subscription to the Services entail full, complete and unreserved acceptance of the Terms. The Customer declares that they have the legal capacity and powers necessary to contract on behalf of the entity they represent. The Terms apply to any version of the Platform on social networks and applications, whether existing or future. Failing acceptance, the user must refrain from accessing the Services.

Article 3 — Access to the Platform

The user must have a terminal device connected to the Internet and bears all related costs (hardware, software, network connection). URBAN TECHNOLOGY may refuse access to any person who does not comply with the Terms.

Article 4 — Sign-up, account and verification

Access to the Services requires the creation of a free personal account. Registration is completed by filling out an online form with the following information:

  • First and last names
  • Company name
  • Trade register number
  • Unique Tax Identification Number (IFU)
  • Email address

The user undertakes to provide accurate and truthful information. As part of the fight against fraud and abuse, and in accordance with the applicable regulations, URBAN TECHNOLOGY may make the activation of the Account or of certain Channels subject to an identity verification procedure (KYC) and to the prior registration of sender identifiers (Sender IDs).

A confirmation email is sent with the login information. The personal login may not be used by several people, nor assigned, rented or transferred. The password is confidential and must not be disclosed to a third party; the user must protect it and inform URBAN TECHNOLOGY of any suspected fraudulent login.

Account cancellation and deletion may be requested from the personal space or by email to [email protected]. URBAN TECHNOLOGY reserves the right to suspend or delete the account without notice in the event of use contrary to the law, fraudulent use or identity theft, or infringement of the rights of URBAN TECHNOLOGY or a third party. The account may also be deleted after more than one (1) year of inactivity.

Article 5 — Description of the Services

5.1 Multichannel services

FasterMessage is a multichannel communication platform (CPaaS) that lets you import a contact database and send, automate and track professional Messages over four channels (SMS, WhatsApp, email and voice), at scale. The Platform includes OTP verification, campaign management, an integration API, notification webhooks (delivery receipts / DLR) and a real-time tracking dashboard. The Services are provided for a fee, according to the usage-based model defined in Article 7.

5.2 Third-party services — carriers and WhatsApp

Message routing relies on third parties: telecommunications carriers (SMS, voice) and the WhatsApp Business platform of Meta Platforms, Inc. (WhatsApp). Use of the WhatsApp Channel is subject to compliance with the policies, conversation categories and message templates imposed by Meta, as well as its rate card. URBAN TECHNOLOGY cannot be held liable for a suspension, a template rejection, a decision or a pricing change originating from Meta or a carrier.

5.3 Compatibility

The user must have a compatible digital environment (hardware, software, network connection), including a computer with an up-to-date web browser (Chrome, Firefox, etc.).

Article 6 — Customer obligations and acceptable use

6.1 Content responsibility

The Customer is solely responsible for the content, accuracy and lawfulness of the Messages they send as well as the data they import onto the Platform.

6.2 Recipients' consent

The Customer warrants that they have obtained the Recipients' prior, free, specific and informed consent to receive their Messages, or that they have another legal basis, in accordance with Law No. 2017-20 establishing the Digital Code. Any commercial solicitation by electronic means requires such consent.

6.3 Right to object

For promotional Messages, the Customer sets up a simple and free opt-out mechanism (for example the "STOP" keyword by SMS) and stops all sending to a Recipient who objects.

6.4 Compliance with channel-specific rules

The Customer complies with the policies of the carriers and Meta, the rules on Sender IDs, as well as the local time windows and regulations applicable to solicitation.

6.5 Prohibited uses

The following are in particular prohibited: sending unsolicited messages (spam); any illegal, fraudulent, defamatory, violent, pornographic or hate-inciting content; phishing; identity or Sender ID theft; misuse of OTP codes; and any infringement of third-party rights.

6.6 Warranty and suspension

The Customer indemnifies URBAN TECHNOLOGY against any claim, action or judgment from Recipients, third parties, carriers or authorities (in particular ARCEP and the APDP) resulting from a breach of their obligations. In the event of a breach, URBAN TECHNOLOGY may immediately suspend all or part of the Services, without prejudice to damages.

Article 7 — Financial terms

7.1 Usage-based pricing

The Services are billed on usage (pay-as-you-go), per message and per Channel, in CFA francs. SMS is billed per unit, at a price that decreases with the Customer's volume and profile; WhatsApp is billed according to Meta's rate card, plus URBAN TECHNOLOGY's markup; email is billed per message, according to market standards; voice is billed by duration. The rate card in force is provided to the Customer and available from the personal space. URBAN TECHNOLOGY reserves the right to change its prices at any time; the price applied is the one in force at the time an order or campaign is confirmed. For orders in progress, any pricing change is notified at least one (1) month before it takes effect. Exceptionally, in the event of an erroneous indication of a manifestly derisory price, the order may be cancelled.

7.2 Prepayment and Credits

Top-ups are made by prepaying Credits by bank transfer, by bank card via a secure system, or by mobile money transfer. No refund is granted for Credits consumed or for Messages sent but not received; their cost is definitively acquired by URBAN TECHNOLOGY. Credits are automatically cancelled, with no right to a refund, in the event of account deletion or breach of the Terms.

7.3 Order and invoicing

Top-ups may also be made by purchase order based on a contract drawn up by URBAN TECHNOLOGY. The payment period is thirty (30) days after receipt of the invoice. In the event of a delay, a penalty at the statutory interest rate applies. In the event of persistent delay, receivership or insolvency, URBAN TECHNOLOGY may suspend its obligations, require guarantees or impose cash payment. No discount is granted for early payment.

7.4 SMS counting rules

For the SMS Channel, a standard message is limited to one hundred and sixty (160) characters encoded in GSM 7-bit. Certain characters count double, in particular { } [ ] ~ ^ \ | €, as well as carriage return and tab; the use of special (Unicode) characters reduces the limit to seventy (70) characters per segment. Beyond the limit, the Message is split into several segments billed separately.

Article 8 — Intellectual property

The entire Platform, its structure and its content (texts, tables, graphics, images, photographs, videos, sounds, databases, applications and software) are protected by the copyright and intellectual property of URBAN TECHNOLOGY or its suppliers. Any unauthorized representation, reproduction, adaptation, modification or use is prohibited and constitutes infringement within the meaning of Annex VII of the revised Bangui Agreement (OAPI). Resale, exchange, rental or transfer to third parties is strictly prohibited. Use of certain Services may be subject to a license agreement provided at the time of subscription.

Article 9 — Availability and maintenance

URBAN TECHNOLOGY is bound by an obligation of means and strives to ensure access to the Services 24/7, except in cases of force majeure or events beyond its control, without guaranteeing a minimum availability. It may suspend or limit access for maintenance, updates, content changes or the proper functioning of the Platform.

Article 10 — Liability

URBAN TECHNOLOGY strives to provide accurate and up-to-date information, without guaranteeing its performance, completeness or reliability. It is not liable for: the content and data transmitted by the Customer; delays, losses or non-deliveries attributable to carriers, Meta, access providers or the Recipient; technical, IT or compatibility issues affecting the availability of the Platform for reasons beyond its control; or indirect damages (loss of data, business, revenue or reputation). In any event, URBAN TECHNOLOGY's liability, on all counts combined, is limited to the amount actually paid by the Customer for the Services during the last month preceding the triggering event.

Article 11 — Personal data protection

The Parties process personal data in accordance with Law No. 2017-20 of April 20, 2018 establishing the Digital Code of the Republic of Benin and under the supervision of the Personal Data Protection Authority (APDP).

URBAN TECHNOLOGY acts as a data controller for the data required to manage the Account, billing and the customer relationship. It acts as a data processor for the Recipients' data and the content of the Messages that the Customer imports and processes via the Platform: these data are processed only on the Customer's documented instructions and solely to provide the Services. The Customer remains the data controller of their Recipient database and warrants the lawfulness of its collection (consent or another legal basis).

Data is collected via the website forms, account creation or orders (mandatory fields being indicated by an asterisk), as well as through relationship tracking, website history and correspondence with customer service. It is used to manage and track orders, for billing, to handle complaints, to create and manage the account (performance of the contract), to comply with accounting and tax obligations (legal obligation), and to improve the Platform, for statistical analysis and to combat fraud (legitimate interest).

URBAN TECHNOLOGY implements appropriate technical and organizational measures to preserve the security and confidentiality of the data, and informs the Customer in the event of a breach likely to affect them.

Data is retained for the duration of the contractual relationship; billing and accounting data is archived for ten (10) years. It may be shared with URBAN TECHNOLOGY's staff and processors and transferred outside Benin, to the host DigitalOcean, LLC, in its Amsterdam, Netherlands data center (AMS3 region), in compliance with appropriate safeguards within the meaning of the Digital Code. You have rights of access, rectification, erasure, restriction, objection and portability, the right to withdraw your consent and to define post-mortem instructions. A complaint may be sent to the APDP (www.apdp.bj). To exercise your rights: [email protected]. See also our privacy policy.

Article 12 — Cookies

URBAN TECHNOLOGY uses cookies and trackers for advertising purposes and to improve the user experience. Information on how they work and how to manage them is available in our privacy policy.

Article 13 — Confidentiality

Each Party undertakes to preserve the confidentiality of the other Party's non-public information to which it has access in connection with the Services, and to use it only for the purposes of performing the Terms, throughout the contractual relationship and after its end.

Article 14 — Force majeure

URBAN TECHNOLOGY is not liable for a delay in or failure to perform its obligations caused by an event of force majeure, as usually held by the Beninese courts.

Article 15 — Hyperlinks

The Platform may contain links to other websites or external sources. URBAN TECHNOLOGY assumes no responsibility for the information, advertising, products, services or content available on those sites. It authorizes hyperlinks to the Platform provided that the source site does not feature illegal, violent or pornographic content, and excludes any commercial or advertising use. URBAN TECHNOLOGY reserves a right to object.

Article 16 — Changes to the Terms

URBAN TECHNOLOGY may change the Terms at any time in order to adapt them to legal, technical or commercial developments of the Platform. Substantial changes are brought to the Customer's attention; continued use of the Services constitutes acceptance of the version in force.

Article 17 — Partial invalidity

If one or more provisions of the Terms were declared void under a law, regulation or decision of a Beninese court, the other provisions would retain their full force and effect.

Article 18 — Governing law and dispute resolution

The Terms are exclusively subject to Beninese law. The Parties strive to settle amicably any dispute relating to their validity, interpretation or performance. Failing an amicable agreement, the dispute will be submitted to the competent courts of Cotonou.