Last Updated on May 15, 2025
Introduction
Welcome to Omnivas, a cloud communications platform that enables businesses to send and manage SMS, WhatsApp, Email, and other messaging services through APIs and an intuitive dashboard.
Omnivas is a subsidiary of VukaPay Limited (“Omnivas”, “we”, “us”, or “our”). These Terms & Conditions (“Terms”) govern your access to and use of the Omnivas services, platform, website, and APIs (collectively, the “Services”).
By registering for, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy.
Eligibility
You may only use the Services if you are at least 18 years old and capable of forming a binding contract with Omnivas, and not barred from using the Services under any applicable laws.
Account Registration
To access the Services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately at info@omnivas.africa of any unauthorized use of your account.
Security
Omnivas provides a platform and APIs to send and manage communications (including SMS, WhatsApp, Email, or other channels). Features may include, but are not limited to:
Sending and scheduling messages
Viewing delivery reports
Managing recipient lists
Accessing usage analytics and logs
We may modify, update, or discontinue features at any time, with or without notice.
Acceptable Use
You agree to use the Services in compliance with all applicable laws and regulations, including but not limited to anti-spam, data protection, and telecommunications laws.
You must not:
Use the Services to send unsolicited bulk messages (“spam”).
Send messages containing illegal, offensive, harmful, or deceptive content.
Attempt to interfere with or compromise the security or integrity of the Services.
Use automated means to access or use the Services except through our official APIs.
Attempt to reverse engineer, decompile, or modify the Services.
Omnivas reserves the right to suspend or terminate your account for violations of this section.
Fees and Payment
Use of the Services may be subject to fees as set forth in your account dashboard or separate written agreement with Omnivas.
You agree to pay all fees when due.
Fees are exclusive of taxes, levies, or duties imposed by taxing authorities.
Late payments may result in suspension or termination of your account.
All payments are non-refundable except as required by applicable law.
Data Protection and Privacy
Our handling of your personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Services, you consent to our collection, use, and sharing of data as described in the Privacy Policy.
Intellectual Property
All intellectual property rights in the Services, including software, website content, trademarks, and logos, are owned by Omnivas, VukaPay Limited, or our licensors.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code, unless permitted by law or with our written permission.
Confidentiality
You may gain access to Omnivas confidential information. You agree not to disclose Omnivas’ confidential information to any third party without our prior written consent, and to use such information only as needed to use the Services.
Disclaimer of Warranties
The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Omnivas does not guarantee that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
Limitation of Liability
To the fullest extent permitted by law, Omnivas shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
Your use or inability to use the Services,
Any unauthorized access to or use of our servers,
Any interruption or cessation of transmission,
Any bugs, viruses, or harmful code transmitted through the Services.
Our total liability for any claim under these Terms shall not exceed the amount you paid to us in the 3 months preceding the claim.
Indemnity
You agree to indemnify, defend, and hold harmless Omnivas, VukaPay Limited, and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any law or third-party rights.
Termination
Omnivas may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease, but any sections which by their nature should survive (e.g., payment obligations, confidentiality, disclaimers, limitations of liability, and indemnity) shall survive termination.
Termination
Omnivas may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease, but any sections which by their nature should survive (e.g., payment obligations, confidentiality, disclaimers, limitations of liability, and indemnity) shall survive termination.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya (or insert your chosen governing law). Any disputes shall be subject to the exclusive jurisdiction of the courts of Kenya.
Changes to Terms
We may modify these Terms at any time. If we make material changes, we will notify you by email or through the Services. By continuing to use the Services after changes become effective, you agree to be bound by the updated Terms.
Entire Agreement
These Terms, together with the Privacy Policy and any additional agreements you may enter into with Omnivas, constitute the entire agreement between you and Omnivas regarding the Services.
Contact Us
If you have questions about these Terms, please contact us at:
Omnivas Africa
Email: info@omnivas.africa
Address: The Oval, 3rd Floor, Westlands, Nairobi, Kenya