Terms of Use

Goumbambe Telecom, a subsidiary of AMD Group


Contents

  1. Acceptance of Terms
  2. Eligibility
  3. Account Registration & Security
  4. SMS Messaging Terms
  5. Fees, Billing & Cancellation
  6. Acceptable Use
  7. Business & Bulk Senders
  8. Suspension & Termination
  9. Intellectual Property
  10. Disclaimer of Warranties
  11. Limitation of Liability
  12. Indemnification
  13. Third-Party Services
  14. Changes to Service & Terms
  15. Governing Law & Disputes
  16. General Provisions
  17. Contact


1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of the SMS messaging platform operated by Goumbambe Telecom (“Goumbambe Telecom,” “we,” “us,” or “our”), a subsidiary of AMD Group, available at sms.goumbambe.com (the “Service”).

By registering as a subscriber, sending or receiving messages through the Service, or otherwise accessing sms.goumbambe.com, you (“you,” “Subscriber,” or “User”) agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, do not use the Service.


2. Eligibility

To use the Service, you must:

  • Be at least 16 years of age, or the minimum age of legal capacity in your jurisdiction, whichever is higher;
  • Be the authorized owner or user of the mobile number you register, or have the account holder's permission to use it;
  • Provide accurate, current, and complete registration information; and
  • Not be barred from receiving services under any applicable law or regulation.

We may refuse, suspend, or terminate service to any person at our discretion where eligibility cannot be verified.


3. Account Registration and Security

3.1You are responsible for maintaining the confidentiality of any credentials (PIN, password, API key, or token) associated with your account.

3.2You are responsible for all activity occurring under your account, whether or not authorized by you.

3.3You must notify us immediately at info@goumbambetelecom.com of any suspected unauthorized access, loss of your device, or change of mobile number.

3.4If you change or relinquish your registered mobile number, you must update or cancel your subscription. We are not liable for messages delivered to a reassigned number after you cease to control it.


4. SMS Messaging Terms

4.1 Consent.By registering, you expressly consent to receive SMS messages from Goumbambe Telecom relating to the service(s) you subscribed to.

4.2 Message frequency.Message frequency varies depending on the service tier and content you select.

4.3 Rates.Message and data rates may apply. Charges are determined by your mobile carrier and plan, not by Goumbambe Telecom, unless a separate subscription fee is stated at signup.

4.4 Keywords.Reply STOP to unsubscribe at any time. Reply HELP for assistance. Reply START or JOIN to re-subscribe. These keywords are processed automatically and free of charge from Goumbambe Telecom (carrier charges may still apply).

4.5 Delivery.SMS delivery depends on mobile network operators and aggregators outside our control. We do not guarantee delivery, delivery time, or delivery order of any message.

4.6 Carrier disclaimer.Mobile carriers are not liable for delayed or undelivered messages.


5. Fees, Billing, and Cancellation

5.1Some features of the Service may require payment of subscription or per-message fees, disclosed to you before you incur them.

5.2Fees are payable in the currency and by the methods specified at signup. Unless stated otherwise, fees are non-refundable once the corresponding messaging service has been rendered.

5.3Subscription plans renew automatically for successive periods unless cancelled before the renewal date, where applicable.

5.4You may cancel at any time by replying STOP or by contacting info@goumbambetelecom.com. Cancellation takes effect at the end of the current billing period unless otherwise required by law.

5.5We may change our fees upon reasonable prior notice. Continued use after the effective date constitutes acceptance of the new fees.


6. Acceptable Use

You agree not to use the Service to:

  • Send unsolicited bulk messages, spam, or messages to recipients who have not given valid consent;
  • Transmit content that is unlawful, defamatory, obscene, harassing, threatening, hateful, or that infringes any intellectual property or privacy right;
  • Engage in phishing, smishing, fraud, impersonation, or deceptive sender identification (spoofing);
  • Distribute malware, malicious links, or content designed to compromise systems;
  • Promote illegal goods or services, including unlawful gambling, controlled substances, or weapons;
  • Circumvent opt-out requests, suppression lists, or messaging filters;
  • Reverse-engineer, scrape, overload, probe, or interfere with the Service, its servers, or associated networks;
  • Resell, sublicense, or provide access to the Service to third parties without our written authorization;
  • Violate any applicable telecommunications regulation, anti-spam law, data protection law, or carrier policy.

We may monitor traffic for compliance and reserve the right to filter, block, or delay messages that appear to violate these Terms or carrier requirements.


7. Business and Bulk Senders

If you use the Service to send messages to third-party recipients, you additionally represent and warrant that:

  • You have obtained valid, documented, and current consent from each recipient;
  • You maintain records of consent and will provide them to us upon request;
  • You identify yourself clearly as the sender in each message;
  • You honor all opt-out requests promptly; and
  • You comply with all applicable messaging laws and carrier code of conduct requirements in each recipient's jurisdiction.

You are solely responsible for the content you transmit and you agree to indemnify us in accordance with Section 12.


8. Suspension and Termination

8.1We may suspend or terminate your access to the Service, in whole or in part, with or without notice, if:

  • You breach these Terms or our Acceptable Use policy;
  • Your use poses a security, legal, regulatory, or reputational risk;
  • A carrier, regulator, or aggregator requires it; or
  • Your account is inactive or fees are unpaid.

8.2You may terminate your use at any time by unsubscribing and ceasing to use the Service.

8.3Upon termination, your right to use the Service ends immediately. Sections 9 through 16 survive termination.


9. Intellectual Property

The Service, including its software, APIs, documentation, trademarks, logos, and content (excluding your message content), is owned by Goumbambe Telecom or AMD Group and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely as permitted by these Terms. No other rights are granted.

You retain ownership of the content you transmit, and you grant us a limited license to process, store, and transmit that content solely to operate the Service.


10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any message will be delivered. The Service is not intended for emergency communications, and should not be relied upon to contact emergency services.


11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOUMBAMBE TELECOM, AMD GROUP, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) [Insert nominal amount, e.g. USD 50].

Some jurisdictions do not allow certain limitations, in which case the above applies to the fullest extent permitted.


12. Indemnification

You agree to indemnify, defend, and hold harmless Goumbambe Telecom, AMD Group, and their affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, fines, penalties, and expenses (including reasonable legal fees) arising from:

  • Your use or misuse of the Service;
  • Your breach of these Terms or any applicable law;
  • The content of messages you send; or
  • Any claim by a message recipient relating to consent or content.

13. Third-Party Services

The Service relies on mobile network operators, SMS aggregators, and hosting providers. Their performance, terms, and charges are outside our control, and we are not responsible for their acts or omissions. Links or integrations with third-party services are provided for convenience and do not constitute endorsement.


14. Changes to the Service and to These Terms

14.1We may modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.

14.2We may amend these Terms from time to time. The revised Terms will be posted at sms.goumbambe.com with an updated “Last Updated” date, and, where material, we will notify subscribers by SMS or email. Continued use after the effective date constitutes acceptance.


15. Governing Law and Dispute Resolution

15.1These Terms are governed by the laws of [Insert governing jurisdiction], without regard to conflict-of-law principles.

15.2The parties will first attempt to resolve any dispute amicably through good-faith negotiation for a period of thirty (30) days.

15.3Failing resolution, disputes shall be submitted to the exclusive jurisdiction of the competent courts of [Insert city/jurisdiction], or, if elected in writing, to binding arbitration under the rules of [Insert arbitration body].

15.4Nothing in this section limits either party's right to seek injunctive relief or to bring a complaint before a competent regulatory authority.


16. General Provisions

  • Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Goumbambe Telecom regarding the Service.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
  • No waiver. Our failure to enforce any provision is not a waiver of that provision.
  • Assignment. You may not assign these Terms without our written consent. We may assign these Terms to AMD Group or any affiliate or successor.
  • Force majeure. We are not liable for failure to perform due to causes beyond our reasonable control, including network outages, natural disasters, regulatory action, or acts of war.
  • Language. If these Terms are translated, the [Insert controlling language] version prevails in case of conflict.

17. Contact

Goumbambe Telecom (a subsidiary of AMD Group)

Attn: Legal / Customer Support

[Insert registered address]

Email: info@goumbambetelecom.com

Phone: [Insert contact phone number]