1. Introduction
In these terms, “Fabrik”, “we”, “us” and “our” mean FIDUS VENTURES, a business registered in Ghana and based in Takoradi, which operates the Fabrik platform. “You” and “Customer” mean the business that creates a Fabrik workspace or uses the Services. “Services” means everything Fabrik provides, including the API, dashboard, SDK, CLI and the SMS, email, WhatsApp and verification features available through them.
By creating a workspace or using the Services, you agree to these terms. If you accept them on behalf of a business, you confirm that you have authority to bind it. If your business has a separate written agreement with Fabrik, that agreement governs where it differs from these terms.
2. Eligibility
The Services are for businesses and organisations sending communication to their customers and users. They are not for personal consumer use. Anyone using the Services must be at least 18 years old. We may refuse or close an account that does not meet these requirements.
3. Your account
You must give accurate information when you sign up and keep it current. You are responsible for keeping your passwords and API keys confidential and for everything done under your account, including by team members you invite. Tell us promptly at support@fabrik.africa if you believe your account or a key has been compromised.
You may not sell, assign or transfer your account to anyone else.
4. Sandbox and going live
New workspaces start in a sandbox, where test messages are delivered virtually and never reach a real recipient. Sandbox results do not prove that live messages will be delivered.
Sending to real recipients requires our approval. Depending on the channel, you may also need an approved sender ID for SMS, a verified sending domain for email, or approved WhatsApp templates. We may refuse, limit or withdraw live access where needed for compliance, security, provider requirements or the operation of the Services.
5. Pricing and payment
The Services are prepaid. You fund your wallet in advance, in local currency, and sends are charged against that balance at the prices shown in your dashboard. Sending stops when your balance is insufficient.
Prices exclude VAT and other applicable taxes, which you pay in addition. If a carrier, regulator or other authority imposes a fine or charge on us because of messages sent from your account, you agree to reimburse it. We may change prices; we will give you notice before a change takes effect, and continuing to use the Services after that date means you accept the new prices.
You confirm that you are authorised to use any card or payment account you use to pay us.
6. Refunds
We reserve the cost of a message before sending it and charge it once the provider accepts the message. If a send fails before the provider accepts it, the reservation is released back to your wallet. A message the provider has accepted stays charged, even if it is later undelivered.
Wallet top-ups are not refundable as cash except where the law requires. If we close your account because you breached these terms, no refund is due.
7. Acceptable use
You may use the Services only for lawful purposes. You are responsible for the messages you send, the recipients you send them to, and having each recipient’s consent or another lawful basis to contact them. You must honour opt-out requests, including STOP replies, and applicable do-not-disturb preferences.
You must comply with the laws and rules that apply to your messaging, including the Electronic Communications Act, 2008 (Act 775) and the rules of the National Communications Authority in Ghana, the consumer code and do-not-disturb rules of the Nigerian Communications Commission, and the policies of carriers, Meta (WhatsApp) and email providers.
You must not, for example:
- send spam or other unsolicited or harassing messages;
- use a sender ID, name, email address or header to impersonate another person or organisation, or otherwise mislead recipients about who a message is from;
- send phishing, fraud, scams or messages promoting illegal activity;
- send content that is defamatory, threatening, hateful, obscene, discriminatory or that infringes anyone’s intellectual property or other rights;
- attempt to bypass or break any security mechanism, or test or reverse-engineer the Services to find vulnerabilities or evade filtering;
- use the Services in a way that interferes with their operation for other customers, or that exposes Fabrik or anyone else to liability or harm.
We may block messages, limit or suspend a route, or suspend your workspace where we reasonably believe these rules are being broken.
8. Third-party providers
Messages are delivered through third parties, including mobile network operators, messaging aggregators, Meta (WhatsApp) and email providers. Their networks, policies, filtering and outages affect delivery. We do not guarantee that a message will be delivered, or when. A status such as “accepted” or “sent” does not mean a recipient has received or read a message.
9. Data protection
For personal data you give us so we can send your messages, such as recipients’ phone numbers and email addresses, you are the controller and Fabrik is the processor acting on your instructions. You must comply with the Data Protection Act, 2012 (Act 843) in Ghana, the Nigeria Data Protection Act, 2023 and any other data-protection law that applies to you, including giving recipients any notices the law requires.
We protect the data we process with reasonable technical and organisational measures, and keep it only for as long as needed to provide the Services, meet legal and accounting obligations, resolve disputes and enforce these terms.
10. Intellectual property
Fabrik and its licensors own the Services, including the software, documentation, design, name and logos. While your account is active and you follow these terms, we give you a limited, non-exclusive, non-transferable right to use the Services for your business. You may not copy, resell or create derivative works of the Services, or use the Fabrik name or logos without our written permission.
You keep ownership of your content. You give us the rights we need to store, process and transmit it to provide the Services. If you send us feedback or suggestions, we may use them freely.
11. Indemnity
You agree to indemnify and defend Fabrik, its owners, staff and agents against claims, losses, costs and reasonable legal fees arising from your messages and content, your recipient data, your breach of these terms, or your breach of any law or of anyone else’s rights.
12. Disclaimer
To the extent the law allows, the Services are provided “as is” and “as available”. We do not promise that they will be uninterrupted or error-free, and there is no service-level agreement unless we agree one in writing. We may change, improve or discontinue features; we will try to give reasonable notice of material changes, but may act without notice when security, the law or a provider requires it.
13. Limitation of liability
To the extent the law allows, our total liability arising from these terms or the Services is limited to the fees you paid us in the 12 months before the event giving rise to the claim, and we are not liable for indirect or consequential losses, or for lost profit, revenue, goodwill or data. Nothing in these terms limits liability that cannot be limited by law.
14. Suspension and termination
We may suspend or close your account, a key or a route if you breach these terms, fail to pay, create a security or legal risk, or if the law or a provider requires it. Where it is practical and lawful, we will tell you why. You may close your account at any time.
We may comply with lawful requests from courts, regulators and law-enforcement authorities relating to your use of the Services.
15. Electronic communications
You agree that we may send agreements, notices and other communications to you electronically, by email or through the Services, and that these satisfy any legal requirement for communication in writing.
16. Changes to these terms
We may update these terms. We will tell you about material changes by email or through the Services before they take effect. If you keep using the Services after that date, you accept the updated terms; if you do not agree, you should stop using the Services and close your account.
17. Governing law and disputes
These terms are governed by the laws of the Republic of Ghana. Both sides will first try in good faith to resolve any dispute informally; if that fails, the courts of Ghana have jurisdiction.
18. General
These terms are the entire agreement between you and Fabrik about the Services and replace any earlier understanding. If any part is found unenforceable, the rest continues in effect. Nothing in these terms creates a partnership, joint venture, employment or agency relationship. These terms are written in English. Your payment obligations, and the sections on indemnity, limitation of liability and governing law, survive the end of your account.
19. Contact
Questions about these terms: hello@fabrik.africa. Support: support@fabrik.africa.
FIDUS VENTURES, Takoradi, Western Region, Ghana