Terms of Service - StackVerify

When you use any StackVerify products or services, you are agreeing to these latest Terms of Service ("Terms"). Violation of these terms may, at our discretion, result in us terminating your account. We may update these Terms of Service at any time. If we make significant changes, we will refresh the date at the top of this page and notify users who have signed to our policy updates mailing list.

Definitions

To make these terms clearer, here's what we mean when we use these terms:

"Company", "we", "our" or "us" refers to StackVerify's LLC

"Services" refers to our website stackverify.site and any product created and maintained by StackVerify, including feedback collection, discussion, upvoting, roadmap creation and changelog features whether delivered within a web browser, desktop application, mobile application or any other format.

"You" or "Customer" refers to the person or organization that own an account with one or more of our services.

"Content" refers to any messages, data, or information you send through our platform.

"API Key" refers to your unique authentication credentials for accessing our services.

Account Terms

You are responsible for maintaining the security of your account, password and api keys and ensuring that any of your users do the same. The company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

If you're using our service on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

You may not use the services for any unlawful purposes or in any way that may harm, disrupt or impare the functioning of the service.

You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Important: If you don't agree with these terms, please don't use our service.

⚠️ CLIENT RESPONSIBILITY FOR COMPLIANCE

1.1 Client as Data Controller

You acknowledge and agree that:

a) Data Controller Status:

When using StackVerify's messaging services, YOU are the "Data Controller" as defined under the Data Protection Act 2019, and StackVerify acts solely as a "Data Processor" on your behalf.

b) Your Legal Obligations:

You are solely responsible for:

Obtaining explicit, verifiable consent from all message recipients before sending any promotional or marketing messages
Maintaining proper records of consent that can be produced upon request by authorities
Ensuring all recipients have opted-in to receive messages from you
Providing clear opt-out mechanisms in every promotional message (e.g., "Reply STOP to unsubscribe")
Honoring all opt-out requests immediately
Complying with all timing restrictions (messages between 8:00 AM - 8:00 PM only; political messages 8:00 AM - 6:00 PM only)
Ensuring message content is lawful, accurate, and not misleading
Complying with all provisions of the Data Protection Act 2019, Kenya Information and Communications Act, and all other applicable laws
Registering with the Office of the Data Protection Commissioner (ODPC) if required by law

1.2 No Liability for Client Actions

StackVerify SHALL NOT BE LIABLE for:

Any fines, penalties, or sanctions imposed on you or your organization for violations of data protection laws, consumer protection laws, or any other regulations
Any claims, lawsuits, or legal actions brought against you by message recipients, regulatory authorities, or third parties
Any damages arising from your failure to obtain proper consent, your sending of spam, unsolicited messages, or illegal content
Prosecution of your directors, officers, or employees for violations of applicable laws

1.3 Indemnification

You agree to indemnify, defend, and hold harmless StackVerify, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees and costs) arising from:

Your use or misuse of the Services
Your violation of these Terms or any applicable law
Your violation of any rights of third parties, including message recipients
Any content you send through our platform
Any regulatory action, fine, or penalty imposed due to your actions

This indemnification obligation survives termination of your account and these Terms.

Payments, Refunds and Plan Changes

Payments for StackVerify are handled by Paystack, our secure third-party payment processor. By subscribing to our service, you agree to Paystack's terms of service and privacy policy.

All paid plans come with a 2-week free trial. During this period, you can explore all features of your chosen plan without any charges. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccesible until you make a payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.

If you are upgrading from a free plan to a paid plan, we will charge you immediately and your billing cycle starts on the day of the upgrade. For other upgrades of downgrades in plan level, the rate starts from the next billing cycle.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to the taxing authorities. Otherwise, you are responsible for payments of all taxes, levies or duties.

We offer a 14-day no-questions-asked refund policy. If you're not satisfied with our service for any reason within your first 14 days, you can request a full refund and we'll process it promptly.

API Usage

Usage Limits

Stay within the rate limits defined for your plan
Don't attempt to circumvent usage restrictions. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. We'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the perfomance of the Service for other customers.
Contact us if you need higher limits for legitimate use

Acceptable Use

See detailed Prohibited Uses section below for comprehensive restrictions.

🚫 PROHIBITED USES

2.1 Strictly Prohibited Activities

You may NOT use StackVerify services to:

a) Send unsolicited bulk messages (SPAM) to any recipients who have not provided explicit opt-in consent
b) Send messages to recipients who have opted out or requested deletion of their data
c) Send messages outside permitted hours (8:00 AM - 8:00 PM for promotional; 8:00 AM - 6:00 PM for political)
d) Send false, misleading, or deceptive messages
e) Send messages promoting illegal activities or prohibited goods/services
f) Violate the Data Protection Act 2019 or any other applicable Kenyan law
g) Send messages without providing a clear opt-out mechanism
h) Harvest or collect phone numbers without proper consent
i) Share or sell recipient data to third parties without consent
j) Impersonate others or misrepresent your identity
k) Send messages containing malware, viruses, or harmful content

2.2 Immediate Consequences

Violation of these prohibitions will result in:

Immediate suspension or termination of your account without refund
Reporting to the Office of the Data Protection Commissioner (ODPC)
Reporting to the Communications Authority of Kenya if required
Full cooperation with law enforcement and regulatory authorities
Potential legal action against you to recover damages to StackVerify's reputation

2.3 Evidence of Consent Required

StackVerify reserves the right to request, at any time, proof that you have obtained proper consent from message recipients. You must be able to provide:

Records showing how consent was obtained
Date and time stamps of consent
Clear opt-in language used
Evidence that recipients understood what they were consenting to

Failure to provide satisfactory evidence may result in immediate account suspension.

📋 REGULATORY COMPLIANCE REQUIREMENTS

3.1 Data Protection Registration

If you are required under Kenyan law to register with the Office of the Data Protection Commissioner (ODPC), you warrant that:

You are properly registered or exempt from registration
Your registration is current and valid
You will notify StackVerify immediately if your registration is suspended or revoked

3.2 Consent Management

You must:

Obtain explicit, informed consent before sending promotional messages
Keep consent records for at least 3 years
Process opt-out requests within 24 hours
Never send messages to numbers on Do-Not-Disturb lists
Include sender identification in all messages
Provide accurate contact information for recipients to exercise their rights

3.3 Message Content Standards

All messages sent through StackVerify must:

Include your business name or registered sender ID
Provide clear opt-out instructions (e.g., "Reply STOP")
Not contain false or misleading information
Not violate any person's rights (privacy, dignity, etc.)
Comply with advertising standards and consumer protection laws

3.4 Cooperation with Authorities

You acknowledge that StackVerify:

May be legally required to disclose your information to regulatory authorities
Will fully cooperate with the ODPC, Communications Authority, and law enforcement
May suspend your account pending investigation of complaints
Will provide your details to complainants and authorities as required by law

Copyright and Content Ownership

All content posted on the Services must comply with the Kenya Information and Communications Act, and any other applicable laws.

You give us limited license to use the content posted by you to your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the services remain yours.

We do not pre-screen content, but we reserve the right (but not obligation) in our sole discretion to refuse or remove any content that is available via a Service.

The company or its licensors own all right, title and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy or reuse any portion of the HTML, CSS, Javascript or visual design elements without express written permission from the Company.

Liability

You agree that the company is not liable to you or to any third party for damages of any kind that result from the use of the Services, the inability to access data, or unauthorized access to your data or account. The Company is also not liable for damages of any kind related to actions of any third party that uses the Services, or any other consequences related to the Terms of Service.

Content Responsibility

You're solely responsible for your content and its compliance with laws
Ensure you have permission to send messages to your recipients
Follow applicable privacy laws (GDPR, CCPA, etc.)
Respect recipient opt-out requests

Data Processing

We process your data solely to provide our services. See our Privacy Policy for detailed information about how we handle your data.

Service Availability

Uptime

We strive to maintain high service availability, but we don't guarantee 100% uptime. We may perform maintenance that temporarily affects service.

We take many measures to protect and secure your data through backups, redundancies, and encryption. We force encryption for data transmission from the public internet. There are some edge cases where we may send your data through our network unencrypted. We cannot guarantee that your data will always be secure over the internet.

Service Changes

We may modify, update, or discontinue features with reasonable notice. We'll try to maintain backward compatibility when possible.

We'll announce significant changes through email notifications and our status page.

⚖️ LIMITATION OF LIABILITY

4.1 Service Provision Only

StackVerify provides ONLY the technical infrastructure to send messages. We do not:

Determine who receives messages (you control the recipient list)
Create or approve message content (you write and send the messages)
Verify consent (you are responsible for obtaining and maintaining consent)
Monitor compliance (you must ensure your own legal compliance)

4.2 No Liability for Your Actions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, StackVerify SHALL NOT BE LIABLE FOR:

a) Fines, penalties, or sanctions imposed by:

Office of the Data Protection Commissioner (ODPC)
Communications Authority of Kenya
Any court or tribunal
Any regulatory or government body

b) Legal actions including:

Lawsuits by message recipients
Class action claims
Criminal prosecution of you or your directors
Administrative proceedings

c) Damages including:

Compensatory damages awarded to complainants
Punitive damages
Legal fees and costs
Reputational damage
Lost business or revenue
Regulatory investigation costs

4.3 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE SPECIFICALLY DISCLAIM:

Any warranty that your use will be legal or compliant
Any warranty regarding delivery rates or success
Any warranty of fitness for a particular purpose
Any warranty that the service will meet your compliance needs

4.4 Maximum Liability Cap

If StackVerify is found liable for any reason, our maximum liability shall not exceed the lesser of:

The amount you paid us in the 12 months before the incident, OR
KES 100,000

This limitation applies to all causes of action in aggregate.

4.5 Third-Party Dependencies

Some services depend on third-party providers (telecom carriers, email providers). We're not responsible for their availability or performance.

❌ ACCOUNT TERMINATION

5.1 Immediate Termination Rights

StackVerify reserves the right to immediately suspend or terminate your account WITHOUT NOTICE if:

a) We receive a complaint from a message recipient
b) We receive notice from the ODPC or other regulatory authority
c) We detect spam or bulk unsolicited messaging patterns
d) You violate these Terms
e) You fail to provide proof of consent when requested
f) Your actions risk harm to StackVerify's reputation or operations
g) We determine, in our sole discretion, that your use violates any law

5.2 No Refunds for Violations

If your account is terminated for violation of these Terms or applicable laws:

You will NOT receive any refund of prepaid fees
All outstanding amounts become immediately due
You remain liable for any damages caused

5.3 Survival of Obligations

The following provisions survive account termination:

Your indemnification obligations
Our limitation of liability
Your responsibility for fines and penalties
Any amounts owed to us

5.4 Cancellation By You

You are solely responsible for properly cancelling your account. You can find instructions for how to cancel your account in our Cancellation Policy. An email or phone request to cancel an account is not automatically considered cancellation. If you need help cancelling your account, you can always contact the support team.

Dispute Resolution

6.1 Disputes Between You and Recipients

Any disputes between you and message recipients are solely your responsibility. StackVerify:

Is not a party to such disputes
Will not mediate or arbitrate recipient complaints
May provide your information to complainants as required
Will cooperate with regulatory investigations

6.2 Third-Party Complaints

If we receive a complaint about your messaging activities:

We will suspend your account pending investigation
We may share your information with the complainant
We will fully cooperate with ODPC investigations
You will bear all costs of investigation and resolution

Representations and Warranties

By using StackVerify, you represent and warrant that:

a) You have read and understood the Data Protection Act 2019
b) You have obtained proper legal advice regarding your obligations
c) You have implemented proper consent management systems
d) You have registered with ODPC if required
e) All information you provide to us is accurate and complete
f) You have the legal right to send messages to all recipients in your database
g) You will comply with all applicable laws at all times
h) You have adequate insurance or resources to cover potential liabilities

Breach of these warranties constitutes a material breach of these Terms.

By Us

We may suspend or terminate your access for violations of these terms, non-payment, or if required by law.

Verbal, Physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

We reserve the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the deletion of all content in your account. We also reserve the right to refuse the use of the services to anyone for any reason in time.

Effect of Termination

Within 30 days, all content will be permanently deleted from systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
If you cancel the Service before the end of your current paid billing cycle, your cancellation will take effect immediately, and you will not be charged again. We do not automatically propagate unused time in the last billing cycle.
You remain responsible for charges incurred before termination

Acceptance of Terms

By using StackVerify, you signify your acceptance of these Terms of Service. If you do not agree to these terms, please do not use our service. Your continued use of the service following the posting of changes to these terms will be deemed your acceptance of those changes

Changes to These Terms

We may update these terms from time to time. We'll notify you of significant changes via email or through our platform.

Continued use of our service after changes constitutes acceptance of the new terms.

We'll maintain a record of previous versions and highlight changes when possible.

Governing Law

These terms of Service shall be governed and construed in accordance with the laws of Kenya, without regard to it's conflict of law principles. Any disputes will be resolved in the courts of Nairobi, Kenya.

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force.

📝 Amendments to These Terms

We reserve the right to update these Terms at any time to:

Reflect changes in applicable laws
Respond to regulatory guidance
Protect our interests
Clarify our responsibilities

Continued use after changes constitutes acceptance of new Terms. We will notify you of material changes via email or platform notification.

Contact Us

Questions about these terms? We're here to help.

Email: [email protected]

Support: Contact Form

Address: StackVerify Inc., Nairobi, Kenya