Please read these Terms of Service carefully before registering on or using the Chaari platform. By creating an account or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

These Terms govern access to and use of the Chaari cloud messaging infrastructure, including the website, API, dashboard, and related capabilities (the "Platform").

1. PARTIES AND DEFINITIONS

These Terms form a binding agreement between Chaari ("Chaari", "we", "us") and the entity or individual who registers on the Platform ("Client", "you").

Definitions used in these Terms:

  • "Platform": The Chaari cloud messaging infrastructure, including the website, API, dashboard, and all related services accessible at https://chaari.app.
  • "Services": SMS routing, transactional messaging, OTP delivery, notification services, and all related functionalities offered by Chaari.
  • "API": The application programming interface provided by Chaari enabling Clients to integrate messaging functionality into their own applications.
  • "End Recipients": The natural persons who receive SMS messages sent via the Platform by Clients.
  • "Account": The unique account created by the Client upon registration on the Platform.
  • "Credits": Pre-purchased messaging units used to send SMS messages under the prepaid billing model.
  • "Subscription": A post-paid monthly billing arrangement for high-volume Clients.
  • "AUP": The Acceptable Use Policy set out in Section 9 of these Terms.

2. ELIGIBILITY AND REGISTRATION

2.1 Eligibility

The Platform is available to legal entities and individual developers only. By registering, you represent and warrant that:

  • You are at least eighteen (18) years of age;
  • You have the authority to enter into and perform these Terms;
  • If registering on behalf of a legal entity, you are duly authorised to bind that entity to these Terms;
  • You will not use the Services for any purpose prohibited by these Terms or the AUP.

2.2 Registration Process

To access the Services, you must create an Account on the Platform by providing accurate and complete information including, where requested, identity details, contact details, and business identifiers needed to operate your account and billing.

You are responsible for maintaining the confidentiality of your login credentials and API keys.

You must notify Chaari immediately at aymar.a@chaari.app of any unauthorised use of your Account. Chaari shall not be liable for losses resulting from unauthorised use of your credentials.

2.3 KYC Verification

Chaari reserves the right to verify your identity and/or the identity of your company as part of its Know Your Customer (KYC) process. Chaari may refuse registration or suspend an Account if verification documents are unsatisfactory, fraudulent, or not provided within a reasonable timeframe. Chaari may also request additional documentation at any time for risk management, fraud prevention, and operational integrity.

3. SERVICES

3.1 Service Description

Chaari provides a cloud-based messaging platform enabling Clients to send SMS messages to End Recipients via integrations with telecommunications operators in Chad and progressively across Sub-Saharan Africa and internationally. Current operator integrations include Airtel Tchad and Moov Africa Tchad.

The Services include:

  • Transactional SMS routing (OTP codes, authentication messages, alerts)
  • Promotional and bulk SMS campaigns
  • API-based programmable messaging
  • Delivery reports and analytics dashboard
  • Technical support

3.2 Service Availability

Chaari targets a service uptime of 99.5% per calendar month, excluding scheduled maintenance and circumstances beyond Chaari's reasonable control (see Section 13). Scheduled maintenance will be communicated to Clients at least 48 hours in advance where possible.

Chaari does not guarantee SMS delivery, as delivery is ultimately dependent on the receiving telecommunications operator, network conditions, and factors outside Chaari's control. Undelivered messages will be credited in accordance with Chaari's credit policy.

3.3 Geographic Coverage

Chaari currently provides SMS routing services in Chad (via Airtel Tchad and Moov Africa Tchad) and progressively extends coverage across Sub-Saharan Africa and internationally. Coverage availability may vary. Clients are responsible for verifying current coverage before use.

3.4 API Access and Credentials

Upon account activation, Clients are issued API keys and access credentials. API keys must be kept confidential and must not be shared with unauthorised parties. Chaari reserves the right to revoke API keys in the event of suspected abuse, breach of these Terms, or for security reasons, with or without prior notice depending on severity.

4. BILLING AND PAYMENT

4.1 Billing Models

Chaari offers two billing models:

  • Prepaid (Credits): Clients purchase SMS credits in advance. Credits are consumed as messages are sent. Credits are non-refundable once purchased, except in the circumstances described in Section 4.6. Credits expire as specified in the applicable tariff.
  • Postpaid (Monthly Subscription): Available to high-volume Clients (typically those sending several thousand to millions of SMS per month). Clients are invoiced at the end of each calendar month based on actual usage. Credit terms and invoice due dates will be specified in a separate commercial agreement.

4.2 Pricing

Current pricing is available on the Platform at https://chaari.app/pricing. Chaari reserves the right to modify pricing at any time upon thirty (30) days' notice to registered Clients. Continued use of the Services after the effective date of the price change constitutes acceptance of the new pricing.

4.3 Payment Methods

Chaari accepts payment via the following methods (subject to availability by region): international bank card via Stripe; mobile money via PayDunya and Orange Money; bank transfer (for postpaid Clients, by arrangement). All payments are processed by authorised payment sub-processors in accordance with our Privacy Policy.

4.4 Taxes

All fees are exclusive of taxes, levies, or duties that may apply to your purchase or use of the Services. Clients are responsible for any such amounts that apply to their organisation or billing profile.

4.5 Late Payment

For postpaid Clients, invoices unpaid after the due date may result in suspension of the Account, late payment fees as set out in your invoice or commercial agreement, and follow-up for collection. Chaari reserves the right to terminate a postpaid Account after thirty (30) days of non-payment.

4.6 Refunds

Prepaid credits are generally non-refundable. Exceptions may be made at Chaari's sole discretion for: (i) unused credits at the time of account termination by Chaari for reasons not attributable to the Client; (ii) verified billing errors.

Refund requests must be submitted within thirty (30) days of the disputed charge to aymar.a@chaari.app.

5. INTELLECTUAL PROPERTY

5.1 Chaari's Intellectual Property

The Platform, including all software, technology, trademarks, trade names, logos, APIs, documentation, and all content provided by Chaari, are the exclusive property of Chaari or its licensors. Nothing in these Terms transfers any intellectual property right to the Client.

Chaari grants Clients a limited, non-exclusive, non-transferable, revocable licence to access and use the API and Platform solely for the purpose of integrating and using the Services in accordance with these Terms.

5.2 Client Content

Clients retain all rights to the content of messages they send through the Platform ("Client Content"). By using the Platform, Clients grant Chaari a limited, non-exclusive licence to process, transmit, and store Client Content solely to the extent necessary to provide the Services.

Clients represent and warrant that they have all necessary rights and consents to send the messages they transmit through the Platform and that such messages do not infringe the intellectual property rights of any third party.

6. DATA PROTECTION

The processing of personal data in connection with the Services is described in Chaari's Privacy Policy, which is incorporated into these Terms by reference and available at https://chaari.app/privacy.

As described in the Privacy Policy, Chaari acts as Data Controller for Client account data and as Data Processor for End Recipient data processed on behalf of Clients. Clients, as Data Controllers for their End Recipients, agree to:

  • Meet their responsibilities toward End Recipients for the messaging they initiate;
  • Obtain all necessary consents from End Recipients before sending them messages, where consent is required for the message type;
  • Provide adequate privacy notices to End Recipients where appropriate;
  • Not instruct Chaari to process data in a manner that conflicts with these Terms or Chaari's published policies.

Clients indemnify and hold Chaari harmless against claims, penalties, or losses arising from the Client's failure to meet its obligations toward End Recipients or from instructions that breach these Terms.

7. CONFIDENTIALITY

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Services ("Confidential Information"), including API credentials, technical specifications, pricing, business plans, and Client data. Confidential Information shall not be disclosed to third parties without the prior written consent of the disclosing party, except: (i) to employees or contractors who need access to perform obligations under these Terms and are bound by equivalent confidentiality obligations; (ii) information that is or becomes publicly available through no fault of the receiving party.

This confidentiality obligation shall survive termination of the agreement for a period of five (5) years.

8. SECURITY OBLIGATIONS

8.1 Chaari's Security Obligations

Chaari shall implement and maintain appropriate technical and organisational security measures to protect the Platform and Client data, as described in the Privacy Policy.

8.2 Client Security Obligations

Clients are responsible for:

  • Maintaining the security and confidentiality of their API keys, passwords, and access credentials;
  • Implementing appropriate security measures on their own systems integrating the Chaari API;
  • Promptly notifying Chaari of any security incident, suspected compromise of credentials, or unauthorised use of the Services;
  • Not attempting to reverse-engineer, decompile, or otherwise extract the source code of the Platform;
  • Not attempting to circumvent rate limits, access controls, or other security features of the Platform.

9. ACCEPTABLE USE POLICY (AUP)

9.1 Permitted Uses

The Platform may only be used in accordance with these Terms. Permitted uses include:

  • Sending transactional messages to individuals who have a pre-existing relationship with the Client (e.g., OTP codes, order confirmations, account alerts);
  • Sending promotional or marketing messages to End Recipients who have given their prior express consent;
  • Sending notification messages that the End Recipient has opted into;
  • Other uses that align with honest, permission-based messaging practices for the recipient's context.

9.2 Prohibited Content and Activities

The following content and activities are strictly prohibited on the Platform:

  • Unsolicited commercial messages (spam) sent without valid prior consent of End Recipients;
  • Messages containing fraudulent, misleading, defamatory, obscene, or threatening content;
  • Messages promoting harmful schemes, unlicensed gambling, controlled substances, counterfeit goods, or deceptive financial offers;
  • Phishing, social engineering attacks, or any messages intended to deceive End Recipients;
  • Messages containing malware, viruses, or any code designed to harm, intercept, or access data without authorisation;
  • Messages that impersonate another entity, brand, or individual in a misleading manner;
  • Messages promoting violence, hatred, or discrimination based on race, ethnicity, religion, gender, sexual orientation, or similar characteristics;
  • Messages targeting minors with inappropriate content (including, without limitation, adult content, gambling, or alcohol promotion);
  • Messages or traffic patterns that violate operator requirements, industry anti-abuse expectations, or these Terms;
  • Any attempt to use the Platform for denial-of-service attacks, network interference, or abuse of telecommunications networks;
  • Reselling, sublicensing, or otherwise providing API access to third parties without Chaari's prior written consent.

9.3 Consequences of AUP Violation

Chaari reserves the right, at its sole discretion and without prior notice in cases of severe or urgent violations, to:

  • Suspend or terminate the Client's Account and API access;
  • Block the transmission of specific messages or message types;
  • Retain relevant records and cooperate with operators or partners where appropriate to investigate abuse;
  • Seek compensation for losses caused to Chaari, End Recipients, or third parties.

Chaari may cooperate with telecommunications operators and fraud-prevention partners in investigations of AUP violations.

9.4 Monitoring and Enforcement

Chaari reserves the right to monitor traffic and message content passing through the Platform to the extent necessary to detect AUP violations, fraud, and abuse. Such monitoring is carried out in line with Chaari's Privacy Policy.

10. REPRESENTATIONS AND WARRANTIES

Each Client represents and warrants that:

  • All information provided during registration is accurate, complete, and current;
  • It has obtained all necessary authorisations and consents required to use the Services and to send messages to End Recipients;
  • Its use of the Services complies with honest messaging practices and these Terms in every region where it operates;
  • It shall not use the Services in any manner that infringes the intellectual property, privacy, or other rights of third parties;
  • Where it sends messages to minors, it has obtained any consents reasonably required by its own policies and safeguards minors appropriately.

11. LIMITATION OF LIABILITY

11.1 Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranty of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Chaari does not warrant that the Services will be uninterrupted, error-free, or that all messages will be delivered.

11.2 Limitation

Subject to this Section, Chaari's aggregate liability to the Client for any claims arising under these Terms shall not exceed the total amounts paid by the Client to Chaari in the three (3) months immediately preceding the event giving rise to the claim.

11.3 Exclusion of Consequential Damages

In no event shall Chaari be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of data, loss of goodwill, or business interruption, even if advised of the possibility of such damages.

11.4 Essential Basis

The Client acknowledges that the limitations of liability in this Section reflect a fair allocation of risk and are an essential basis of the bargain between the parties. Chaari would not have entered into these Terms without such limitations.

12. INDEMNIFICATION

The Client shall defend, indemnify, and hold harmless Chaari, its officers, directors, employees, agents, and sub-processors from and against any claims, damages, penalties, fines, losses, costs, and expenses (including reasonable professional fees incurred to defend or resolve claims) arising out of or related to:

  • The Client's use of the Services in breach of these Terms or the AUP;
  • The Client's messaging practices or content sent through the Platform;
  • The Client's infringement of any intellectual property or other rights of any third party;
  • Any claim by an End Recipient arising from messages sent by the Client.

13. FORCE MAJEURE

Chaari shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to: natural disasters, pandemics, wars, civil unrest, public authority actions affecting networks or services, telecommunications network failures, operator outages, cyberattacks, power failures, or third-party infrastructure failures.

In the event of a force majeure, Chaari will notify affected Clients as soon as practicable and will use reasonable efforts to resume normal service as quickly as possible.

14. TERM AND TERMINATION

14.1 Term

These Terms take effect upon the creation of an Account and remain in effect until terminated in accordance with this Section.

14.2 Termination by Client

Clients may terminate their Account at any time by contacting aymar.a@chaari.app. Termination will take effect within a reasonable timeframe following confirmation by Chaari. Unused prepaid credits at the time of voluntary termination are non-refundable, except at Chaari's discretion.

14.3 Termination by Chaari

Chaari may suspend or terminate a Client's Account:

  • Immediately, without prior notice, in the event of a material breach of the AUP, fraud, or activity that Chaari reasonably considers harmful;
  • With thirty (30) days' written notice, for any other reason or for convenience;
  • Immediately, if a telecommunications operator, payment processor, or critical infrastructure provider requires Chaari to suspend access.

14.4 Effects of Termination

Upon termination: (i) the Client's access to the Platform and API will be revoked; (ii) Chaari will retain Client data in accordance with the Privacy Policy and Chaari's data retention practices; (iii) all outstanding invoices become immediately due and payable; (iv) Sections 7 (Confidentiality), 10 (Representations and Warranties), 11 (Limitation of Liability), 12 (Indemnification), and all accrued rights shall survive termination.

15. MODIFICATIONS TO THE TERMS

Chaari reserves the right to amend these Terms at any time. Clients will be notified of material changes by email and/or by a prominent notice on the Platform at least thirty (30) days before the changes take effect. Continued use of the Services after the effective date constitutes acceptance of the amended Terms. If you do not agree, you must terminate your Account before the effective date of the changes.

16. GOOD-FAITH DISPUTE RESOLUTION

If a disagreement arises regarding these Terms or the Services, the parties will first attempt to resolve it in good faith through direct discussions initiated by notice to Chaari at the contact details below.

17. GENERAL PROVISIONS

Entire Agreement: These Terms, together with the Privacy Policy and any commercial agreement between the parties, constitute the entire agreement between Chaari and the Client regarding the subject matter hereof and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Failure by Chaari to enforce any provision of these Terms shall not constitute a waiver of that provision.

Assignment: Clients may not assign their rights or obligations under these Terms without Chaari's prior written consent. Chaari may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

Notices: Formal notices to Chaari may be sent by email to aymar.a@chaari.app. Chaari will communicate with Clients via their registered email address.

Language: These Terms are provided in English and French. If wording differs between versions, Chaari will interpret them together in good faith to reflect the same operational intent.

18. CONTACT

For any questions regarding these Terms of Service:

Email: aymar.a@chaari.app
Platform: https://chaari.app