Terms and Conditions

Legal framework defining platform governance, user obligations, and intellectual property under binding terms.

Introduction

Overview: Welcome to RapidPro.app, a cloud-based Software-as-a-Service (SaaS) platform operated by Humanics SARL, a company incorporated in Dakar, Senegal. RapidPro.app provides fully managed hosting and support for the RapidPro platform – an open-source software originally developed by UNICEF for building interactive messaging applications (e.g. SMS, WhatsApp workflows). Our services empower a diverse clientele – including non-governmental organizations (NGOs), government agencies, and private sector businesses – to deploy communication workflows and data collection projects quickly and securely. These Terms and Conditions (“Terms”) govern your use of the RapidPro.app services (“Service”). By accessing or using RapidPro.app, you agree to be bound by these Terms, which constitute a legally binding agreement between you (the individual or entity using the Service) and Humanics SARL (“Company,” “we,” “us,” or “our”). If you do not agree to these Terms, you must not use the Service. Your continued use of the Service after any changes to these Terms are posted will signify your acceptance of those changes.

Acceptance of Terms:By registering an account, starting a free trial, or using any part of the RapidPro.app Service, you confirm that you have read, understood, and agree to these Terms in full. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms. Do not use the Service if you are not of legal age or lack authority to enter into this agreement, or if you do not accept any provision of these Terms. We reserve the right to update or modify these Terms as described in the “Changes to Terms” section below.

Definitions

Parties: For the purposes of these Terms, the following definitions apply:

“Service” and “Services”: The cloud-based RapidPro hosting and related services provided by Humanics SARL via RapidPro.app. This includes, but is not limited to:
- Managed RapidPro Hosting: Deployment, hosting, and maintenance of dedicated RapidPro instances on our cloud infrastructure for your use. We handle the server setup, installation of the RapidPro software, regular updates, security patches, and system monitoring as part of providing a fully managed service.
- Workspaces & User Management: Tools within RapidPro to create and manage workspaces (separate project spaces) and user accounts. You will have administrative control via the web interface to configure your RapidPro instance (e.g. create messaging flows, add or remove users, configure channels such as SMS or email gateways) according to your needs. However, you will not receive operating system-level or shell access to the underlying server environment, which is managed solely by us for security and stability.
- Messaging & Workflow Tools: The RapidPro software features enabling you to design, automate, and execute interactive messaging workflows (such as surveys, alerts, chatbots) using SMS, voice, email, and various messaging apps. The Service facilitates sending and receiving messages through your configured channels, subject to any third-party messaging service accounts you connect.
- Integration Services: The ability to integrate RapidPro with external systems via APIs and connectors. The Service provides Robust API Access and supports integration with third-party services (e.g. CRM, databases, or other systems) for data synchronization. (Any custom integration development or connector setup beyond the built-in API usage may fall under Additional Services as defined below.)
- Data Storage & Analytics: Secure storage of the data collected through your RapidPro workflows (e.g. messages, contact information, survey responses) on our servers. The platform includes basic analytics and reporting features for monitoring campaign performance and outcomes.
- Support & Maintenance: Ongoing technical support, customer service, and platform maintenance provided by our team. This includes responding to support inquiries, troubleshooting issues, performing regular backups, applying software updates, and ensuring the platform’s security and performance are maintained at an enterprise-grade level (e.g. encryption, firewalls, and compliance measures such as GDPR-aligned data practices).
- Additional Services (if applicable): Any ancillary services we may offer, such as training, consulting, custom feature development, data migration assistance, or on-premise deployment of RapidPro on your own servers. These may be governed by separate agreements and fees, as described later in these Terms.
“User” (“you” or “client”): Any individual or legal entity registering for or using the Service. If you are an organization, the term “User” includes your employees or other authorized agents that access the RapidPro.app Service under your account.
“Company” (“we” or “us”): Refers to Humanics SARL, the provider and operator of RapidPro.app, including its officers, employees, and authorized agents. All references to RapidPro.app in these Terms refer to the service provided by Humanics SARL, not to any third party.
“RapidPro Software”: The underlying open-source software platform (RapidPro) that powers our Service. RapidPro is a digital public good released by UNICEF and its partners under the GNU Affero General Public License (AGPL v3.0). This means the core software is free and open-source; Humanics SARL provides value-added services (hosting, support, etc.) on top of this software. (See Intellectual Property Rights below for more on software licensing.)
“Client Data” or “User Content”: Any data, information, content, messages, files, or materials that you or your end-users upload, submit, or transmit into the RapidPro.app Service. This includes, for example, contact lists, message content, workflow logic (flows), survey results, and any other information collected or managed via your RapidPro instance. You retain ownership of your Client Data as outlined in User Data & Privacy below.
“Subscription”: The paid plan for the Service that you select after any trial period. RapidPro.app offers multiple subscription tiers (for example, an NGO plan and a Corporate plan) with differing features or usage limits as described on our website’s pricing page. A subscription allows a certain level of access and usage of the Service in exchange for periodic fees.
“Free Trial”: A time-limited trial access to the Service at no charge, which may be offered to new users for evaluation purposes. The Free Trial terms are described under Subscription Plans & Fees. During any free trial, these Terms still apply in full.
“Third-Party Services”: Any external services, applications, or platforms that a user may integrate or use in conjunction with RapidPro.app. Examples include SMS gateway providers, email services, messaging platforms (like WhatsApp, Telegram), or external databases/APIs. These third-party services are not operated by us, and your use of them is subject to those third parties’ terms.

Any other capitalized terms in this agreement have the meanings defined in the context of their use or in later sections of these Terms.

User Account Registration and Security

Account Creation: To use RapidPro.app, you must create a user account. You agree to provide truthful, accurate, current, and complete information during registration, including your name, a valid email address, your organization name (if applicable), and any other required details. If you sign up for an NGO plan, we may require proof of your nonprofit or NGO status; if such proof is not provided or satisfactory, we reserve the right to adjust your subscription to the appropriate plan or terminate the account. Age Requirement: You must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) to register and use this Service. By creating an account, you affirm that you meet this age requirement and have the legal capacity to enter into a contract.

Account Security: You are responsible for maintaining the confidentiality of your login credentials (username and password) and for all activities that occur under your account. You must:

Protect Your Password: Keep your password secure and do not share it with anyone. Use a strong password and update it periodically. If you believe your account has been compromised (e.g. you notice unauthorized access or suspicious activity), you must notify us immediately at our support contact (see Contact Information). Humanics SARL is not liable for any loss or damage arising from unauthorized use of your account, and you may be held responsible for losses incurred by us or others due to such unauthorized use.
Accurate Information: Keep your account information up-to-date. Promptly update any contact details or organizational information if they change. We may suspend or terminate accounts that contain false, outdated, or incomplete information.
Account Use: You agree not to use your account for any unlawful or abusive purpose. Do not register multiple accounts for the same entity without permission, and do not impersonate any other person or entity. If your account is for an organization, you are responsible for managing the permissions of your users and ensuring each user abides by these Terms.
Account Verification: We reserve the right to request additional information or documentation to verify your identity, organization, or payment information as needed. Failure to comply with verification requests may result in suspension of access.

By maintaining an account with RapidPro.app, you assume responsibility for all activities conducted through your account. We will not be responsible for any loss or damage resulting from your failure to comply with the above obligations.

Subscription Plans & Fees

Free Trials: We may offer a Free Trial period for new users to evaluate the Service. The duration and features of the free trial will be specified at the time you sign up (e.g., a 14-day trial with certain usage limits). During the trial, you will not be charged any subscription fee. Trial Limitations: The free trial is intended for evaluation only; you may not create multiple trial accounts to extend your access, and we reserve the right to terminate or restrict trials at our discretion if we detect abuse. At the end of the trial period, your access may be automatically deactivated unless you choose a paid subscription plan. We are not responsible for any data loss that may occur if you do not transition to a paid plan at trial expiry, so please export any needed data or arrange for a subscription before the trial ends.

Paid Subscription Plans: RapidPro.app offers at least two main paid plans – for NGOs and for Corporate clients – as described on our website (or in a proposal/ordering document). By selecting a plan, you agree to pay the associated fees. Pricing and included services (such as number of users, messaging volume limits, storage limits, support level, etc.) are detailed on our Pricing page or your service order. All fees are stated in the applicable currency (e.g., USD or local currency) and are exclusive of taxes (such as VAT or sales tax) unless stated otherwise. You are responsible for any taxes or duties payable in connection with your use of the Service, other than taxes on our income.

Billing and Payment: Subscription fees will be billed in advance on a recurring basis (e.g., monthly or annually, depending on the plan you choose). You must provide a valid payment method (such as credit card or bank transfer details) and authorize us or our payment processor to charge the subscription fees on the schedule described. If you are invoiced instead, payment is due within the timeframe noted on the invoice (e.g., net 30 days) unless otherwise agreed in writing. Late payments may be subject to interest charges at the legal maximum rate, and we reserve the right to suspend or terminate your Service for failure to pay on time after notice. You are responsible for providing complete and accurate billing information and updating it if it changes.

No Refunds Policy: Subscription payments are non-refundable except where required by law or expressly stated otherwise. This means that if you decide to cancel your plan or if your account is terminated due to your breach of these Terms, you will not receive a refund for any prepaid period. In our sole discretion, we may provide pro-rated refunds or credits for unused services in certain customer-friendly cases (for example, if we terminate the Service without cause, or if you cancel an annual plan early, we might refund the unused full months); however, we are not obligated to do so. We encourage you to use the free trial to evaluate the Service before purchasing a subscription. Any billing disputes must be reported to us within 30 days of the charge in question.

Plan Changes: You may be allowed to upgrade or downgrade your subscription plan through the account portal or by contacting us. Upgrading to a higher tier may take effect immediately (with a pro-rated charge for the remainder of the current billing period or immediate start of a new period, depending on our policy). Downgrades or cancellations will typically take effect at the end of your current billing cycle to avoid interrupting service you’ve already paid for. Downgrading may cause loss of features or capacity – it is your responsibility to ensure the lower plan meets your needs. We recommend backing up any data if you plan to downgrade or cancel.

Fee Changes: The Company reserves the right to modify the subscription fees and charges for the Service from time to time. Any increase in fees will be communicated to you with reasonable advance notice (for example, by email or via the Service interface) and will apply only to a subsequent billing cycle. If you do not agree to a fee change, you may cancel your subscription before the new fees take effect. Continued use of the Service after the fee change constitutes your agreement to pay the updated amount.

Additional Costs: The subscription fees cover the use of the RapidPro.app hosting and platform. Please note that Third-Party Services or Carrier Costs are separate – for instance, if you send SMS messages, your chosen SMS gateway provider or telecom carrier may charge you per message, and those costs are not included in our subscription fee. You are solely responsible for any fees payable to third-party services you integrate with RapidPro. The Company is not liable for third-party charges or fees.

By subscribing to RapidPro.app, you agree to pay all applicable fees and charges and to abide by these payment terms. All amounts payable shall be made without any withholding or deduction for taxes (if any required to be withheld by law, you will gross up the payment to ensure we receive the full intended amount). We reserve all legal rights to collect unpaid fees, including the use of collections agencies or legal action, and you agree to bear any costs of collection (including reasonable attorneys’ fees) incurred by us.

Intellectual Property Rights

Ownership of the Platform: All rights, title, and interest in and to the RapidPro.app Service and all associated software, technology, materials, and content (excluding User Content as defined below) are and will remain the property of Humanics SARL or its licensors. This includes the website design, branding, graphics, logos, any custom software components developed by us, and compilation of content. The Service (including all copies of the RapidPro software running on our servers, as well as any modifications or enhancements we make to it) is protected by intellectual property laws and treaties. No ownership rights are transferred to you by virtue of using our Service or by agreeing to these Terms. You are granted a limited, revocable license to use the Service under these Terms, not sold any software.

Open Source Software Notice: The RapidPro software itself is an open-source project originally developed by UNICEF and Nyaruka and released under the Affero GNU General Public License (AGPL) v3.0. The AGPL license permits us to use and host the software, and it grants you certain rights to the RapidPro software’s source code. In compliance with the AGPL, any modifications we have made to the RapidPro core code that we deploy as part of our Service will be made available to the public (for example, via a source code repository or upon request) as required by the license. This open-source license applies to the RapidPro software itself; it does not grant you rights to our proprietary enhancements that are separate from the AGPL-covered code. By using our Service, you agree that these Terms govern your use of the Service, but they do not limit any rights you would have under the AGPL for the underlying RapidPro software. For avoidance of doubt, you are not permitted to copy or reuse any proprietary aspects of our Service (such as our website content, branding, or non-AGPL code) without our permission.

License to Use: Subject to your compliance with these Terms and your payment of any applicable fees, we grant you a non-exclusive, non-transferable, limited license to access and use the RapidPro.app Service during the term of your subscription. This license is granted for the sole purpose of enabling you to use the Service for your internal business or organizational purposes, as intended by the normal functionality of the platform. You may not resell or sublicense the Service to third parties without our prior written consent. All rights not expressly granted to you in these Terms are reserved by us.

Feedback: If you provide any suggestions, ideas, enhancement requests, or other feedback regarding RapidPro.app or our services, we may use and incorporate such feedback without any obligation or compensation to you. You grant us a worldwide, irrevocable, perpetual license to use and exploit any feedback you provide for any purpose.

Trademarks: “RapidPro” is a name associated with the open-source software provided by UNICEF and its partners. Humanics SARL is not affiliated with UNICEF or Nyaruka, and any references to RapidPro are for identification of the software platform. All trademarks, logos, and service marks (collectively, “Marks”) displayed on the Service are the property of their respective owners. Our company name “Humanics” and any of our product or service names and logos are our trademarks or trade dress. You are not permitted to use any Marks without the prior written consent of the owner of the Mark. This includes using “RapidPro.app” or our logos in any manner likely to cause confusion about the source of the service or to imply endorsement by us or by UNICEF where none exists.

User Content and Data Privacy

Ownership of Data: You retain full ownership of all Client Data or User Content that you upload or generate on the RapidPro.app Service. We do not claim any ownership over your data. These Terms do not grant us any rights to your content or data except for the limited rights that are needed to run the Service, as explained below.

License to Host and Process Data: When you use RapidPro.app, you authorize us to process and store your data for the purpose of providing the Service. This means you grant us a worldwide, royalty-free license during your subscription term to host, store, transfer, display, and perform your content as necessary (for example, to display it to you in the web interface, to back it up, or to send it out via an SMS gateway when you trigger a message). We may also derive non-identifying usage data (analytics) to improve or optimize our services, but we will not disclose your identifiable content to third parties except as permitted by these Terms or required by law. This license is for the sole purpose of enabling us to provide the Service and perform our obligations. It also extends to our subprocessors (such as data center hosts or communication providers) that are part of delivering the Service, under appropriate confidentiality and security obligations.

Data Privacy and Protection: We are committed to maintaining the confidentiality and security of your data. Except as needed to operate the Service (including backup, caching, troubleshooting, or at your request for support), our personnel will not access the content of your communications or data stored on the platform. We will not share your Client Data with any third party without your consent, except (a) with service providers that assist us in operating the Service (such as cloud infrastructure providers), in which case those providers are bound by confidentiality and data protection obligations; or (b) if required by law, regulation, or valid legal process (such as a court order or governmental request). If we are compelled by law to disclose your data, we will give you notice if legally permitted and cooperate with any reasonable requests you have to contest or limit the disclosure.

Personal Data and Compliance: You agree and acknowledge that you (the client) are the data controller for any personal data you collect or manage using RapidPro.app, and Humanics SARL acts as a data processor on your behalf (solely for the purpose of providing the Service). You are responsible for ensuring that the collection and use of personal data via the Service (for example, phone numbers of message recipients, or any personal information collected through surveys) is done in compliance with all applicable data protection and privacy laws (such as GDPR, CCPA, or relevant local laws). Your Responsibilities: This includes obtaining any necessary consents from individuals, providing appropriate notices, and responding to individuals’ rights requests as required by law. You must not use the Service to collect or process sensitive personal data (e.g., health information, financial information, government ID numbers, information about children) unless you have appropriate legal grounds and safeguards in place. If you are subject to specific data protection regulations (for example, if you are an EU organization under GDPR), you may request a Data Processing Agreement (DPA) with us to further govern the handling of personal data – we are willing to sign a standard DPA outlining respective obligations for data controller and processor.

Security Measures: We implement technical and organizational measures intended to protect your data against unauthorized access, loss, or breach. These include encryption of data in transit (e.g., via HTTPS) and at rest, firewall protections, regular security updates, and access controls. We also perform periodic security audits and comply with industry best practices and relevant standards to safeguard data. However, you understand that no system can be 100% secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials and for safeguarding any data exported or stored on your own systems.

Data Isolation: Each client’s RapidPro instance and its data are logically separated from those of other clients. We do not mingle your data with other customers’ data except as needed for multi-tenant infrastructure, and even then, proper separation is maintained. This means your data is stored in a dedicated database or schema accessible only to your instance, and other customers cannot access it.

Data Backup and Retention: We perform regular backups of the databases to help ensure recoverability in case of disaster or data loss. However, we recommend that you also export critical data on a periodic basis for your own backup or archival purposes. In the event of any significant data loss incident on our side, our responsibility is limited to restoring from the latest available backup. We are not liable for lost data or content if the loss was due to your actions (e.g., accidental deletion by your user) or due to factors outside our reasonable control. During your subscription, we will retain your data on the platform. Upon termination of your account, we will handle your data as described in the Termination section (generally by deleting it after a certain period, unless legally required to keep it, or returning it to you if agreed).

Confidentiality: We consider your content and data to be confidential to you. We agree to treat your content as confidential and only use or disclose it in accordance with these Terms and our Privacy Policy. Likewise, any non-public information about our Service (such as pricing proposals, product plans, or non-public documentation) that we might share with you should be treated as our confidential information. Both parties agree to take reasonable measures to protect each other’s confidential information and not to disclose it to any third party except as permitted in this agreement or with the other party’s consent.

Privacy Policy: Please review our Privacy Policy (available on our website) for more details on how we collect, use, and protect personal information (for example, information about you as a customer, like account registration details and usage analytics). Our Privacy Policy is hereby incorporated into these Terms by reference. By using the Service, you also consent to the practices outlined in the Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy regarding personal data, the specific guidance in the Privacy Policy will usually govern for privacy-related matters, while these Terms govern the overall relationship.

Third-Party Integrations and Data Transfers: If you choose to integrate RapidPro with any Third-Party Services (for example, configuring an SMS gateway or sending data to a government database via API), you acknowledge that the data will be transmitted to/from those third parties at your instruction. We are not responsible for how third parties handle data once it leaves our platform. You should review the privacy and security practices of any third-party services you use with RapidPro. We simply facilitate the connection as per your configuration. Any issues or breaches that occur on a third-party service are outside of our control and responsibility.

In summary, you own your data and we will treat it with care and confidentiality. We will not use your data for any purpose other than providing and improving the Service (and as otherwise permitted in these Terms or by you). If you have questions about data privacy or need a specific arrangement (e.g., a signed DPA or specific data residency needs), please contact us to discuss.

Use of the Platform

We grant you permission to use RapidPro.app in accordance with these Terms, but you must use the Service responsibly and lawfully. This section outlines the general rules for using the platform and activities that are prohibited.

Permitted Use: You may use the Service for your internal business or organizational purposes to build and run messaging workflows, collect data, and manage communications with your intended recipients or end-users. You agree to use the platform only for its intended purpose of facilitating legitimate communications (e.g., surveys, notifications, helplines, etc.) with individuals who have consented or whom you have the legal right to contact. You are responsible for all content you input into the system and all communications sent using the Service under your account.

Prohibited Use: To maintain the integrity, security, and legality of RapidPro.app, you must not misuse the Service. The following activities are strictly prohibited, and engaging in them may result in immediate suspension or termination of your account (without refund), and potential legal action or liability for any damages caused:

Unauthorized Access or Tampering: You will not attempt to gain unauthorized access to any portion of the Service or its underlying infrastructure. This includes not trying to bypass user permissions, access other clients’ data, or probe, scan, or test the vulnerability of our servers or security measures without our express permission. You must not attempt to hack, disassemble, decompile, reverse engineer, or otherwise tamper with the Service or the RapidPro software code (except to the extent such reverse engineering is permitted by law for interoperability, and then only after notifying us).
Misuse for Unintended Purposes: Do not use the platform for purposes outside its intended scope. Examples of misuse include sending unsolicited bulk messages or spam to individuals with whom you have no prior relationship or consent (“spamming”), running phishing or fraud schemes, transmitting chain letters or junk messages, or using the Service to engage in commercial marketing to recipients who have not agreed or that violates anti-spam laws. The platform should not be used to operate a service bureau or to provide stand-alone messaging services to third parties unless expressly agreed with us.
Illegal or Harmful Activities: You must not use RapidPro.app to promote or conduct any unlawful, illegal, fraudulent, or harmful activities. This includes (but is not limited to) using the Service in connection with any content or activity that: violates any applicable law or regulation; is defamatory or libelous; invades another’s privacy; promotes violence, discrimination, or illegal drug use; or furthers any criminal activity. You are expressly prohibited from using the Service to harass, stalk, threaten, or harm individuals or groups. Harassment or hate speech directed at anyone, including other users, our staff, or message recipients, through any portion of the Service is forbidden.
Infringement of Rights: Do not upload, publish, or transmit any content via the Service that infringes or misappropriates the intellectual property rights or other proprietary rights of others. You must have the necessary rights to use any content (text, images, videos, etc.) you incorporate into your messaging flows or store on the platform. This includes respecting copyright, trademark, and patent laws, as well as rights of privacy and publicity. If you use third-party materials (for example, a list of phone numbers provided by a partner or content from another source), it is your responsibility to ensure you have permission to use them.
Introduction of Malicious Code: You shall not introduce any viruses, worms, malware, ransomware, Trojan horses, or other malicious or technologically harmful code or materials into the platform. Also, you may not use the Service in a manner that could damage, disable, or impair our servers or networks (e.g., launching a denial-of-service attack or distributing malware through our messaging functions).
Interference with Service: Do not interfere with or disrupt the integrity or performance of the Service. This means you should not attempt to overload the system (e.g., by generating unreasonable amounts of traffic in a way that’s unrelated to normal use, or by automating requests beyond what the API allows), and you should not use any automated means (such as bots or scripts) to access or use the Service in a manner that sends more requests to the Service than a human can reasonably produce in the same time. We reserve the right to throttle or block excessive usage that threatens the stability of the platform.
Data Mining or Scraping: Except via the provided APIs and interface for legitimate purposes, you must not scrape, crawl, or data-mine content or data from our platform. Engaging in any automated data extraction or harvesting of information from the Service (outside the scope of normal API use) is prohibited.
Misrepresentation and Impersonation: You may not impersonate any person or entity or misrepresent your affiliation with any person or entity when using the Service. You must not attempt to mislead recipients of your messages by spoofing sender identities (e.g., falsifying the sender phone number or email in messaging channels in a way that is fraudulent). Ensure that your use of messaging channels (like SMS sender IDs, etc.) complies with the channel providers’ policies and the law.
Third-Party Service Violations: If you integrate any third-party services or APIs with RapidPro (for example, an SMS gateway or messaging API), you must abide by those third-party terms of service and acceptable use policies as well. Do not use our Service in a way that would cause us to be in violation of a third-party provider’s terms (for instance, using a telecom service via our integration in a prohibited manner).

This list of prohibited uses is not exhaustive. If you are ever in doubt whether your intended use may violate these Terms or any law, please contact us or seek legal counsel before proceeding. We reserve the right to determine, in our sole discretion, whether conduct or content is prohibitive and to act accordingly.

User Responsibilities: In addition to avoiding the prohibited uses above, you agree to the following responsibilities while using the Service:

Compliance with Laws: You will comply with all applicable local, national, and international laws and regulations in using the Service. This includes (but is not limited to) laws related to data privacy, electronic communications, export control, and intellectual property. For example, if you are sending SMS or emails, you must comply with anti-spam/opt-in laws (such as CAN-SPAM Act, GDPR’s electronic communications rules, etc.) and telecom regulations. If you collect personal data from individuals through RapidPro flows, you must comply with data protection laws as discussed in the Data Privacy section.
End-User Consent: If you use RapidPro.app to contact end-users (such as sending SMS alerts or surveys to citizens), you are responsible for obtaining and maintaining any necessary consents from those individuals to be contacted. You should provide a way for recipients to opt out of future communications (for example, allowing SMS recipients to text “STOP” to unsubscribe if applicable). You must immediately honor any opt-out or stop request and configure your workflows accordingly to prevent further unwanted messages.
Content Standards: You are responsible for the content of all messages and data transmitted through your RapidPro instance. Content must not contain misleading information, unlawful material, or any material that could be considered offensive or abusive outside the context of your legitimate use case. You should especially be cautious with any content aimed at vulnerable groups or minors, ensuring it is appropriate and in line with any regulations or ethical guidelines (if applicable to your projects, such as in health or education sectors).
Capacity and Usage Limits: Adhere to any usage limits associated with your subscription (such as limits on message throughput, data storage, or number of users). If you anticipate usage beyond your plan’s limits, contact us to discuss an appropriate plan upgrade. Do not intentionally circumvent limits (for example, by creating multiple accounts) without authorization.

If you violate the above usage rules or any other provision of these Terms, we may take enforcement actions as we deem appropriate, including investigating your actions, removing or disabling access to certain content, suspending or terminating your account, and if necessary, reporting you to law enforcement authorities. You agree to cooperate with us in any investigation of suspected violations.

Service Availability and Support

We strive to provide a reliable and high-quality service experience on RapidPro.app. This section describes our commitments and your understanding regarding uptime, maintenance, and support.

Uptime Goal: Our goal is to maintain a high level of service availability. We recognize that many of our users rely on RapidPro for critical communications and data collection. We aim for at least 99% uptime for the platform on an ongoing basis. However, please note that this is a target, not a guarantee – while we make commercially reasonable efforts to keep the Service operational 24 hours a day, 7 days a week, there will be times when the Service is interrupted for various reasons. The following outlines how we handle such situations:

Planned Maintenance: From time to time, we will need to take the Service or certain features offline to perform scheduled maintenance, upgrades, or updates (for example, deploying new RapidPro versions, upgrading system software, or scaling infrastructure). We will attempt to schedule planned maintenance during off-peak hours (based on average user usage patterns) to minimize disruption. Whenever feasible, we will provide advance notice of scheduled downtime via email or through an announcement on the Service dashboard. You are responsible for reviewing these notices. During maintenance windows, the Service may be unavailable or slower than usual. We will work to complete maintenance as quickly as possible.
Unplanned Outages and Disruptions: Despite our best efforts, unforeseen issues such as software bugs, hardware failures, power or network outages, cyber-attacks, or other emergencies may cause unplanned service disruptions. In the event of an unplanned outage, our team will respond promptly to identify and resolve the issue. We maintain 24/7 monitoring on critical systems to alert us of downtime or anomalies. Notification: If a major incident occurs, we will strive to inform you about the nature of the issue and provide status updates, typically via email or a status page, as soon as reasonably possible. You acknowledge that in a widespread outage, our primary focus will be restoring service functionality, and communication may be brief until resolution.
Disclaimer on Uptime: While we target high uptime, we do not guarantee uninterrupted service, and we shall not be liable for any damages or losses due to Service unavailability (see Limitation of Liability). This includes outages, interruptions, or slow performance. We provide the Service on an “as available” basis. If you require a formal uptime guarantee (Service Level Agreement or SLA) with remedies, such arrangement must be documented in a separate SLA addendum; unless you have such a separate SLA signed by us, the uptime targets are non-binding objectives.

Maintenance and Updates: We will continually improve the RapidPro.app Service through software updates, new features, and performance enhancements. By using the Service, you agree that we may apply updates (including RapidPro software version upgrades and security patches) at our discretion. Major upgrades that may affect functionality will typically be communicated in advance. We will ensure that updates are tested and that we maintain backward compatibility of core features whenever possible. It is your responsibility to familiarize yourself with any changes or new features following an update (we may provide release notes or documentation for significant changes).

Support Services: We are committed to providing responsive support to our users to help you resolve issues and answer questions:

Support Channels: You can reach our support team through various channels, including email (e.g., a support@rapidpro.app address), our online support portal or ticketing system, or phone support (if provided for your plan). Up-to-date support contact information and methods are provided on our website under “Support” or in your onboarding documentation.
Support Hours: Our standard support hours are generally Monday to Friday, 8:00 AM to 5:00 PM GMT (UTC+0), excluding public holidays in our operating region. During these hours, we aim to have support staff available to respond to queries. We understand that some projects are mission-critical; therefore, for urgent issues (such as the Service being down) we provide emergency support outside regular hours. Some subscription plans (e.g., a premium Corporate plan) may include extended or 24/7 support coverage – if so, it will be specified in your plan details. Otherwise, queries outside of normal hours will be addressed on a best-effort basis or next business day.
Response Times: We endeavor to respond to all support inquiries in a timely manner. Our goal is to acknowledge support requests within one business day and to resolve issues as quickly as possible, depending on complexity. However, we do not guarantee specific resolution times. For critical issues (e.g., service outage), we prioritize resolution urgently. For general questions or minor issues, response may be within 1-2 business days. We appreciate your patience as we work on solutions.
Support Scope: Support covers assistance with using the RapidPro.app platform, troubleshooting errors or bugs in the Service, and resolving problems within our control (such as issues with the hosting environment or the RapidPro software itself). Our support team can help answer “how-to” questions, provide guidance on platform features, and investigate technical issues. Support does not include in-depth training on building workflows, general IT consulting, or support for third-party products or services outside our platform. We will do our best to point you in the right direction for questions outside our scope (for instance, if you have an issue with an SMS gateway API, we may advise contacting that provider). If you require dedicated training or consulting, please refer to Additional Services.
Reporting Problems: Users are encouraged to promptly report any problems, errors, or unexpected behavior they encounter in the Service. You can do so via the support channels. When reporting, please provide as much detail as possible (e.g., describe the issue, steps to reproduce, any relevant account or project info, screenshots, timestamps, etc.). This will help us diagnose and fix the issue more efficiently. We will keep you updated on the status of the problem and inform you when it’s resolved or if a workaround is available.
User Cooperation: We may occasionally need your cooperation to resolve an issue (for example, asking you to provide log details, to try a troubleshooting step, or to allow a support engineer temporary access to your account settings with your permission). You agree to cooperate in good faith with our support team. Any access to your data we might have for support purposes will be handled in accordance with our Privacy commitments (we only access what’s necessary to fix the problem, and we maintain confidentiality).

Performance and Capacity: We monitor system performance (CPU, memory, message queue lengths, etc.) and will scale our infrastructure as needed to meet demand. If your usage approaches or exceeds certain thresholds of your plan and could impact system performance, we may reach out to discuss moving you to a higher tier or implementing optimizations. We reserve the right to apply temporary limits to your usage (throttling) if one account’s activity is causing significant performance degradation to the Service and we have attempted to contact you without timely response, solely to preserve overall service stability. We will endeavor to minimize any impact on your operations.

No Emergency Services: Important: The RapidPro.app Service is not intended to be relied upon for life-safety or emergency communications (e.g., 911 services, or any situation where message delivery is mission-critical for safety). While we aim for high reliability, the nature of the internet and third-party messaging networks means delivery can be delayed or fail due to factors outside our control. You must not use the Service as the sole means of emergency notifications or other critical use cases where failure or delay could lead to injury, death, or significant property damage. We disclaim any liability arising from such misuse of the Service.

Service Feedback: We welcome any feedback or suggestions on how to improve our Service. There may be a feedback channel or periodic surveys. Providing feedback is optional, but appreciated. As stated in Intellectual Property, if you provide feedback, we may use it without obligation.

In summary, we are committed to keeping RapidPro.app running smoothly and supporting you in using it. However, you acknowledge that some downtime or technical issues may occur and that our liability for such is limited as described later. We value open communication—if you have any questions or concerns about availability or support, please contact us.

Modifications to the Service

Right to Modify: The technology and features provided by RapidPro.app may evolve over time. Humanics SARL reserves the right to modify, update, enhance, or discontinue the Service (or any part of it) at any time, with or without prior notice. This includes adding or removing features, changing the user interface, changing data storage formats, or releasing updated versions of the RapidPro software. We also reserve the right to impose new limits on certain features or restrict access to parts of the Service, provided that if you are on a paid subscription such changes will not materially reduce the core functionality you are entitled to during your then-current subscription term (unless it is for security or legal compliance reasons).

Any such modifications are generally intended to improve the Service, adapt to new technologies, comply with legal requirements, or enhance security and performance. We understand that changes can impact your workflow, so we endeavor to implement modifications in a way that minimizes disruption.

Notification of Changes: For significant changes that could materially affect the way you use the Service, we will attempt to provide advance notice. We may notify you via the email on record for your account, via an in-app alert, or by posting an announcement on our website or documentation. What constitutes a “significant” change is at our discretion, but as a guideline, removal of a major feature or a backwards-incompatible change to an API would warrant notice; minor tweaks, bug fixes, or UI improvements might not. In cases of emergency changes (e.g., a critical security patch or as required by law), we may not be able to provide advance notice but will inform you as soon as feasible after.

Your Options: If we make a change that you do not agree with, your sole remedy (aside from any rights you have under a specific service agreement) is to stop using the Service. If a modification is unacceptable to you, you may need to terminate your subscription as described under Termination. Continued use of the Service after the effective date of a modification constitutes acceptance of the change.

Temporary Suspension: We may occasionally need to suspend the Service or portions of it to perform urgent maintenance or updates (for example, to patch a critical vulnerability). As noted in the Service Availability section, we will try to limit such suspensions and give notice when possible, but we reserve the right to temporarily suspend access without notice if circumstances warrant (like if we detect security breach, we might disable some functions immediately to protect data). We will not be liable for any such temporary suspensions as per the limitation of liability.

Discontinuation: While it’s not something we anticipate in the near term, it’s possible that in the future we may decide to cease offering RapidPro.app as a service (for example, if the business becomes not viable or we shift focus). We reserve the right to discontinue the Service in whole (shutting it down entirely) or in part (e.g., discontinuing support for a particular feature or integration). If we decide to discontinue the Service entirely, we will provide you with at least 30 days notice if possible so that you can export your data and make alternative arrangements. We may also provide assistance in data migration if feasible. If we discontinue the Service and you have prepaid for a period beyond the shutdown date, we will refund the unused portion of your subscription fee.

No Liability for Modifications: You acknowledge that Humanics SARL shall not be liable to you or any third party for any modifications, price change, suspension, or discontinuation of the Service as described in this section. We provide the Service on an evolving basis and make no guarantee that the Service will remain unchanged (or that any particular feature will continue to be available). Specifically, we are not liable for any loss of data or functionality that may occur due to modifications, beyond the commitments we explicitly make (for example, if we discontinue a feature, we will try to let you export your data related to that feature). You should maintain your own backups and not rely solely on the Service for long-term storage of the only copy of critical data.

User Data Portability: In the event of a major modification or discontinuation, we will make reasonable efforts to enable you to retrieve your content (such as providing data export tools or formats) before the change takes effect or the Service is shut down. However, after any service shutdown date, we cannot guarantee retention of your data (except as required for our legal compliance or record-keeping).

This section ensures that we have flexibility to improve and manage the Service, while aiming to treat users fairly by providing notice and data portability. We appreciate feedback on changes and will often take user input into account when planning modifications.

Indemnity

Indemnification Obligation: As a user of the Grievance.app platform, you agree to indemnify, defend, and hold harmless GRM System, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the service, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

Scope of Indemnification: This indemnification obligation will survive the termination or expiration of your account and your use of the service.
Legal Defense: GRM System will provide notice to you promptly of any such claim, suit, or proceeding. GRM System reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which event you will cooperate with GRM System in asserting any available defenses.
Settlement Authority: You may not settle any claim without the prior written consent of GRM System, which shall not be unreasonably withheld.

General Provisions

Governing Law: These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Senegal, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Jurisdiction: Any disputes will be handled in the appropriate court within the jurisdiction of Senegal.
Legal Consistency: This provision ensures that the terms are interpreted consistently in the region where GRM System is incorporated, promoting clarity and predictability in legal matters.
Conflict Resolution: Emphasizes our commitment to resolve disagreements within the framework of Senegalese law, ensuring that both parties understand the legal standards and processes involved.

Severability: If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. In such instances, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and necessary modifications to these Terms shall be made accordingly to fulfill the original intent as closely as possible.

Preservation of Intent: Ensures that even if part of the terms is invalidated, the original intentions of the parties are maintained as much as legally possible.
Adaptability: Demonstrates the flexibility of the terms to adapt to legal scrutiny, reinforcing their robustness and fairness.
Endurance of Terms: Ensures that the rest of the terms continue to be in full effect, maintaining the overall structure and enforceability of the agreement.

Additional Services and Custom Development

The primary scope of these Terms covers the standard cloud hosting Service for RapidPro. However, we recognize that some clients may desire additional professional services beyond the standard offering. This section clarifies how such cases are handled:

Customization & Consulting: We may offer, under separate arrangements, additional services such as software development, custom feature implementation, integration coding, training workshops, or on-premise deployments of RapidPro on your own infrastructure. Any such Additional Services are outside the scope of the standard subscription and may require a separate written agreement or statement of work that outlines the scope, fees, timeline, and any special terms.

Examples of additional services include:

Building a custom connector or gateway to integrate RapidPro with a specific third-party system you use (if it’s not supported out-of-the-box).
Developing new features or modifications in the RapidPro software specifically for your needs.
Providing in-depth technical support or staff augmentation beyond what is covered by standard support (e.g., having an engineer on-call for your major campaign launch).
Deploying the RapidPro platform on servers provided by you (on-premise or private cloud deployment) instead of our cloud, including installation and configuration on your environment.
Data migration from another system into RapidPro beyond the basic migration we include.
Training your team on how to design flows or manage the platform in detail, on-site or via extended virtual sessions.

Separate Agreement: If you engage us for any such custom or consulting services, we will typically formalize it in a separate Service Agreement or Statement of Work (SOW). That document will specify deliverables, responsibilities, and any different or additional terms (for example, intellectual property ownership of deliverables, confidentiality, acceptance criteria, etc.). In case of any conflict between these Terms and the terms of a signed agreement for additional services, the latter will prevail for the scope of that project.

Fees for Additional Services: Additional services will incur additional fees, often on a time-and-materials or fixed-project-fee basis, as agreed in writing. We will discuss and mutually agree on the cost before commencing any billable work not covered by your subscription fee. Some services (like a quick training webinar) might be offered as a courtesy; others (like significant custom development) will be charged. Unless explicitly agreed, our standard Terms regarding payment (Net due periods, late payments, etc.) apply to additional service invoices as well.

Liability and Warranty for Custom Work: Any custom development we do for you will be provided “as is” unless otherwise specified. We will of course warrant that our services will be provided with reasonable care and skill, but we do not guarantee that custom code will be bug-free or fit for every purpose beyond the agreed requirements. You will typically have an opportunity to review and accept any deliverables. Our limitation of liability stated in these Terms also applies to additional services, unless a separate agreement specifies otherwise.

Incorporation into Platform: Depending on the nature of custom development, note that if it involves modifying the RapidPro software, such modifications may fall under the AGPL license (meaning the code might need to be made open-source). We will advise you if that is the case, and we will comply with license obligations (for example, publishing the modifications). If you desire a custom feature but want to keep it proprietary, that may not be possible if it’s a derivative of RapidPro’s AGPL code; an alternative licensing arrangement would need to be discussed. Generally, features developed may become part of our broader offering (we might offer them to other clients or contribute them to the RapidPro open-source project) unless explicitly agreed to be exclusive.

No Obligation to Provide Extras: While we strive to meet client needs, engaging us for additional services is at our discretion and subject to availability of our resources. We are not obligated under these standard Terms to develop new features or provide consulting beyond maintaining the platform. We reserve the right to decline any request for custom work or to refer you to third-party consultants if appropriate. The failure to agree on additional services will not affect your existing subscription.

Support vs. Consulting: Our standard support (as described earlier) covers helping ensure the platform works as intended. It does not include designing your workflows or managing your campaigns. We can give general guidance, but if you require more hands-on involvement in your project, that may be treated as a consulting service.

In summary, any additional or customized services beyond normal RapidPro hosting will be handled separately and are not covered by the liability limits and terms of your base subscription, except that any general protections for us (like liability limits) do still apply unless overridden in writing. These Terms primarily govern the everyday use of the Service; special projects have their own terms.

Termination and Suspension

This section explains how and when the agreement between us can be terminated by either party, and what happens to your data and access in such events.

User-Initiated Termination: You have the right to stop using RapidPro.app and may terminate your subscription at any time. If you wish to close your account, you should do so via the account management page or by contacting us in writing (email is acceptable for notice of termination). Depending on your subscription, you might continue to have access until the end of the period you paid for, unless you request immediate termination. Please note: Except as stated in the Refunds section, terminating your account mid-subscription does not entitle you to any refund of fees paid for the remaining period. Upon your request, we can arrange to deactivate your instance sooner, but you will not receive a refund for unused time (unless required by law or explicitly promised by us). If you are on a free trial and do not convert to a paid plan, your account may automatically terminate (or revert to limited functionality) at the end of the trial period.

Our Suspension or Termination Rights: We reserve the right to suspend or terminate your access to the Service (in whole or part) under certain circumstances:

For Cause (Violation): If we have reason to believe that you have violated any of these Terms (for example, you are engaged in a prohibited use, or you are in material breach such as non-payment of fees), we may suspend your account immediately and/or terminate it. We will attempt to provide notice of what breach we observed and (where feasible and at our discretion) an opportunity for you to cure the breach. However, for serious violations (e.g., using the service for illegal activity, causing security threats, or repeatedly failing to comply after warnings), termination or suspension might be immediate without advance notice to protect the platform and other users. You will still be responsible for any fees due up to the date of termination and not entitled to a refund for the unused term if termination is due to your breach.
For Non-Payment: If subscription fees or other charges are overdue by a significant period (e.g., more than 15 days past due after reminders), we may suspend service access until payment is made. If payment is not made within a reasonable time after suspension, we may terminate your account for default. We will send you multiple notices (email and/or billing notices) before taking such action.
Emergency Suspension: If your use of the Service (whether intentional or not) is causing an imminent and significant threat to the security, integrity, or availability of the Service (for example, your account is compromised and being used in a DDoS attack, or a runaway process is overwhelming our servers), we may temporarily suspend your account without prior notice. In such cases, we will notify you as soon as possible and work with you to resolve the issue so that the account can be restored. We strive to limit such suspension to the minimum necessary to mitigate the risk.
Legal Compliance: If required by law or government order to terminate or suspend accounts (for example, if it is determined that providing you the service is in violation of sanctions, or a court orders us to remove certain data or disable an account), we will comply as necessary. We will attempt to inform you, unless legally prohibited.
Service Discontinuation: As mentioned under Modifications, if we choose to discontinue the Service entirely, that will effectively terminate all user accounts at the announced end-of-service date. We will give notice and possibly offer data export as described. In such case, termination is not due to your breach, and if you have prepaid beyond the termination date, we will refund the unused portion.

Effect of Termination: Once your account is terminated (by you or by us), the following will occur:

Cease of Access: Your right to access or use the Service will immediately cease. We will deactivate your login credentials and you will no longer be able to log into the platform or use your RapidPro instance. Any running workflows or automated processes under your account may be stopped.
Data Retention and Deletion: After termination, we will handle your stored data in our systems as follows: We generally will retain your data for a grace period of up to 30 days (unless legal regulations require a different period) after termination. This grace period is to allow for potential account reactivation or data retrieval upon request. During this period, your instance may be in a suspended state, not accessible by you, but data is intact. Data Export: If your account is terminated and you need to retrieve data, you should contact us immediately or, ideally, export your data before terminating. We may assist with exporting data during the grace period in a common format if you request and if you have no outstanding payment obligations. After the grace period (or sooner, at your request or in accordance with our data retention policies), we will proceed to delete or anonymize your personal data and content from our live systems. We may retain database backups or fragments of data in archived form for a longer period as part of our routine backup practices, but those will eventually be overwritten or destroyed per our retention schedule. We may also retain certain information as necessary to comply with legal obligations, resolve disputes, or enforce agreements (for example, we might keep invoice records or support communications, or a log of when termination occurred).
Financial Matters: If there are any outstanding fees or balances owed by you at the time of termination, you remain responsible for paying them. We will invoice you or charge your payment method for any prorated amounts (e.g., usage-based charges not yet billed). Conversely, if we owe you any refund according to our policies (for instance, if we terminated without cause and promised a pro-rata refund), we will process that refund. Any clauses in these Terms that are meant to survive termination (such as indemnification obligations, limitation of liability, accrued payment obligations, etc.) will continue to be in effect.
Reactivation: Termination is intended to be final. If you voluntarily closed your account and later wish to return, you would typically need to sign up again as a new customer (your old data may not be recoverable if deletion has occurred). If we suspended or terminated you for breach, we may at our sole discretion allow reactivation if the breach is cured and we are confident the issue will not recur, but we are under no obligation to do so. Any reactivation may require new agreement to the then-current terms.

We highly recommend that prior to terminating your account, you export any important data (such as downloading your contact lists, message transcripts, and flow configurations) and ensure you have what you need. Once data is deleted on our side, it cannot be recovered.

Survival: All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: any obligation to pay fees, ownership provisions, warranty disclaimers, indemnity and liability limitations, and governing law/dispute resolution clauses.

Disclaimers of Warranties

Service Provided “AS IS”: RapidPro.app and all services provided by Humanics SARL are offered on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we disclaim all warranties and representations of any kind, whether express, implied, or statutory, regarding the Service and the software. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or availability. We make no warranty that the Service will meet your requirements or expectations, that it will achieve any intended results, or that it will be uninterrupted, timely, secure, or error-free.

No Guarantee of Accuracy or Outcomes: We do not warrant the accuracy or reliability of any information obtained through the Service. For example, we do not guarantee that the data collected via your RapidPro workflows is accurate or complete, or that communications sent will always reach their intended recipients. Any reliance on data from the Service is at your own risk. Additionally, we make no guarantees that using the Service will result in any specific outcomes for your organization (such as increased engagement, improved response rates, etc.).

Third-Party Components: The software and Service may incorporate or rely on third-party software, services, and infrastructure (for example, open-source libraries, cloud hosting providers, SMS gateway services, etc.). We make no warranties on behalf of those third-party offerings. Any issue arising from third-party components (like downtime of a cloud provider or bugs in RapidPro’s open-source code) is beyond our direct control, and such events are included within this disclaimer. We will, of course, make reasonable efforts to work with third-party providers to resolve issues, but we cannot guarantee their performance.

No Warranties for Communications: Due to the nature of telecommunications and the internet, we cannot warrant that emails, SMS, or other messages sent via the Service will actually be delivered or that delivery will be instantaneous. Delays or failures can occur for many reasons (network congestion, carrier filtering, recipient device issues, etc.). We do not warrant or guarantee the successful delivery of any communication through the Service. Similarly, we cannot guarantee the security of data transmission over the internet; while we employ encryption and security best practices, any data transmitted to or from the Service is at your own risk.

Security and Virus Disclaimer: We strive to keep the Service secure and free of harmful code. However, we do not warrant that the Service, our servers, or any emails sent from us are free of viruses, malware, or other harmful components. You are responsible for implementing safeguards (like up-to-date antivirus software) to protect your systems and data. Downloading or obtaining any material through the use of our Service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from any such download or use of the Service.

Beta Features: If we release any beta or trial features as part of the Service (features that are identified as pilot, beta, preview, or early access), those are provided “as is” for evaluation and feedback. Such features may be experimental, not as reliable as the main Service, and may be changed or discontinued at any time. We make no warranties that beta features will ever be released in full or that they will function without issues. Use beta features at your own risk.

User Responsibility: You acknowledge that you have selected the Service based on your own judgment and that you are responsible for verifying that the Service’s features meet your needs. We do not warrant that the Service will operate in combination with other software or hardware (except as stated in documentation), or that any errors will be corrected (although we endeavor to fix bugs).

Legal Disclaimer: In jurisdictions that do not allow the exclusion of certain warranties, some of the above disclaimers may not apply to you to the extent disallowed by law. In such cases, any implied warranties are limited to the minimum warranty period allowed by law.

No Advice or Information: No advice or information (oral or written) obtained from us or through the Service shall create any warranty not expressly stated in these Terms.

In summary, you assume all risk in using the RapidPro.app Service. We provide no warranty that it will be perfect or that it will fit exactly what you want to do. This disclaimer is a key element of our agreement – we would not be able to offer the Service on the same terms or price without these limitations. If you are not sure whether the Service is suitable or have critical requirements, you should test it thoroughly during the free trial and consider backup plans.

Limitation of Liability

To the maximum extent permitted by law, we limit our liability to you as described below:

Indirect Damages: Humanics SARL (and its directors, officers, employees, agents, and affiliates) will not be liable to you for any indirect, incidental, special, consequential, or exemplary damages whatsoever arising out of or in connection with your use of (or inability to use) the RapidPro.app Service. This includes, without limitation, any damages for lost profits, lost savings or revenue, lost or corrupted data, loss of business opportunity, loss of goodwill or reputation, or the cost of procurement of substitute services. Such limitation applies even if we have been advised of the possibility of such damages, and regardless of the theory of liability (contract, tort, negligence, strict liability, misrepresentation, or any other legal theory).

Direct Damages Cap: Our total aggregate liability for any and all claims arising from or related to the Service or these Terms shall not exceed the amount you have paid us in subscription fees in the 12 months** immediately prior to the event giving rise to the liability (or, if the duration of use has been less than 12 months, the total amount paid by you to date). If you are on a free plan or trial, our total liability is capped at USD $100 (one hundred U.S. dollars). This cap on liability is cumulative, meaning it applies to the aggregate of all claims from whatever source and in whatever form, and it is not per-incident.

Scope of Limitation: The limitations of liability in this section apply to all causes of action or claims in the aggregate, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any and all other torts. No action, regardless of form, arising out of this agreement may be brought by you more than one (1) year after the cause of action has accrued (to the extent such restriction is permitted by law).

Exceptions: Some jurisdictions do not allow certain liability exclusions or limitations, so some of the above may not apply to you. In those jurisdictions, our liability will be limited to the greatest extent permitted by law. Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under applicable law – for example, we do not exclude liability for our own intentional misconduct, fraud, or for personal injury or death caused by our negligence to the extent that such cannot be limited by law.

Third-Party Claims: Under no circumstances will we be liable for any claims, losses, or damages of any kind incurred by any third party (such as your clients, end-users, or partners) arising out of your use of the Service. You agree that you are solely responsible for handling any such third-party claims and that you will indemnify us against them as described in the Indemnification section below.

Data and Content: We shall not be responsible for any damage caused by possible errors or omissions in any content (including user-generated content) or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Service. You are responsible for maintaining backup copies of your data outside the Service; if data is lost or corrupted, our liability will be limited to restoring from available backups or the liability cap above, whichever is less.

Reliance and Decisions: You acknowledge that the Service is a tool to aid your communications and data collection, but decisions or actions taken by you in reliance on any results or output from the Service are your responsibility. We will not be liable for consequences of your decisions (for instance, acting on data collected via RapidPro, or using the service for critical alerts that were delayed).

This limitation of liability is a fundamental element of the basis of the bargain between Humanics SARL and you. The Service would not be provided to you without such limitations. If you are dissatisfied with any part of the Service or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Service.

Indemnification

You agree to defend, indemnify, and hold harmless Humanics SARL, its parent, affiliates, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all third-party claims, actions, demands, lawsuits, or proceedings, as well as any losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your Use of the Service: Any use of RapidPro.app by you or your authorized users that is not in accordance with these Terms. This includes, but is not limited to, claims arising from content you transmit via the Service, communications you send to end-users, or projects you run on the platform. For example, if you use the Service to send messages that violate someone’s rights or violate a law, and a claim is brought against us as a result, you will indemnify us.
Violation of Terms: Your violation of any provision of these Terms or any applicable law or regulation. If you breach these Terms and it results in a third-party suing us or a governmental fine, you are responsible for those costs.
Infringement or Violation of Rights: Any allegation that any data, content, or materials submitted by you (including Client Data) to the Service infringes or misappropriates the intellectual property rights, privacy rights, or other rights of a third party, or that our possession and use of such data as permitted by this agreement violates any law. For example, if you upload a contact list and start messaging people without their consent and someone sues, or if you import copyrighted materials into the system that you don’t have rights to and the copyright owner takes action, you will cover us for those issues.
Other Operations: Any other activity related to your account (including negligent or wrongful conduct by you or any individual using your account). This also covers any action we take as part of an investigation of a suspected violation by you (like if we suspend your account due to suspected misuse, and that leads to a claim by your user, you’d indemnify us as we were acting in good faith).

Indemnification Procedure: If we become aware of any claim or legal action to which this indemnity may apply, we will notify you promptly of the claim (provided that failure to do so only affects your obligations to the extent you are materially prejudiced by that failure). You agree that the Indemnified Parties may, at their option, control the defense of such claim (at your expense). You further agree to cooperate fully with us in defending any such claim. We will use reasonable efforts to consult with you on the defense and settlement, but we reserve the right to assume exclusive defense and control (and you will not settle any claim without our prior written consent, which will not be unreasonably withheld). You may join in defense with your own counsel at your own expense.

Continued Obligations: Your obligations to indemnify survive any termination of these Terms or your use of the Service. This means even after you stop using the platform or terminate the agreement, you will still be responsible for claims arising from your use during the time you did use it.

This indemnification clause ensures that if your actions or content cause us to be sued or fined, you will step in to protect us and cover the costs. It’s important that you use the Service in compliance with the law and these Terms to avoid triggering this obligation.

General Provisions

Governing Law: This Agreement (Terms & Conditions) and any disputes arising out of or related to it or the Service will be governed by and construed in accordance with the laws of Senegal, without regard to its conflict of law principles. Specifically, no effect will be given to any choice-of-law or conflict-of-law rules that would cause the application of the laws of any jurisdiction other than Senegal. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Jurisdiction and Venue: You agree that any dispute or claim arising out of or in connection with these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the competent courts located in Dakar, Senegal. You consent to personal jurisdiction in such courts and waive any objections based on inconvenient forum. If you are accessing the Service from outside Senegal, you are still responsible for complying with local laws, but you agree that Senegalese law governs the relationship and you accept Dakar courts’ authority. (If you have any immunity – e.g., as an international organization – you expressly waive such immunity for the purpose of dispute resolution, to the extent permissible.)

Dispute Resolution and Amicable Settlement: Before filing any formal legal action, we strongly encourage both parties to seek an amicable resolution by contacting each other (you can reach us at the contact info below, and we will attempt to reach you via your registered email or address) and discussing the issue in good faith. Often issues can be resolved through communication or mediation. However, this clause does not prevent either party from seeking immediate legal relief if necessary (for example, to prevent an ongoing breach or if the statute of limitations is close).

Injunctive Relief: You acknowledge that any actual or threatened breach of certain sections of these Terms (such as Intellectual Property, Acceptable Use, or Data Privacy) may cause irreparable harm to us, for which monetary damages would not be an adequate remedy. Therefore, in addition to any other remedies available, we may seek injunctive or equitable relief (e.g., a court order to stop the violating behavior) without the need to post a bond or other security.

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remainder of the agreement will continue in full force and effect. In other words, the invalidity of one clause will not affect the validity of the rest of these Terms. The parties shall in good faith negotiate a valid and enforceable provision to replace the invalid one, reflecting the original intent as closely as possible.

No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. Similarly, a waiver of any breach or default by you will not be deemed a waiver of any subsequent breach or default. All waivers must be in writing to be effective. Even if we do not act immediately or only provide a lenient response in some instance, we still retain the right to enforce the terms strictly at a later time or in another case.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms to a third party without our prior written consent. Any attempted assignment without consent will be null and void. We, on the other hand, may freely assign or transfer our rights and obligations under this agreement (for example, in the event of a merger, acquisition, sale of assets, or to an affiliate company) without notice to you. These Terms will inure to the benefit of and be binding upon the parties and their respective permitted successors and assigns.

Relationship of Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between you and us. We are an independent contractor providing a service to you. Neither party has the authority to bind the other or incur obligations on the other’s behalf without written consent.

Entire Agreement: These Terms, together with any Order Form, subscription agreement, or addenda like a Data Processing Agreement or Service Level Agreement (if separately agreed in writing), and our Privacy Policy, constitute the entire agreement between you and Humanics SARL regarding the RapidPro.app Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter. In case you issue a purchase order or similar document for administrative convenience, any terms in such document that are inconsistent with or additional to these Terms are hereby rejected and will have no effect unless separately agreed in writing by us.

Force Majeure: We will not be liable for any delay or failure in performance of any part of the Service to the extent that such delay or failure is caused by an event or occurrence beyond our reasonable control, including, without limitation: acts of God, acts of government, flood, fire, earthquakes, pandemics or epidemics, civil unrest, acts of terror, strikes or other labor problems (excluding those involving our employees), internet or telecommunications failures or delays, attacks (including network or computer hacking, denial of service attacks, etc.), or the inability to obtain necessary equipment, services, or permissions due to the aforementioned events. In such cases, our obligations will be suspended for the duration of the event. We will use reasonable efforts to mitigate the impact and resume full performance as soon as feasible.

Communications and Notices: We may send you information related to the Service and your account (such as notices about updates, legal communications, billing info, etc.) electronically, for example via the email address associated with your account or via the Service interface. You agree that such electronic notices satisfy any legal requirement that such communications be in writing. It is your responsibility to keep your primary email address current and to regularly check for messages from us. Formal notices to us should be sent to the contact email or mailing address provided in the Contact Information section below. Notices will be deemed given (a) when received, if by personal delivery or courier; (b) on the fifth business day after mailing if sent by postal mail; or (c) on the day of sending if by email, provided no bounce or error is received (but if sent outside of business hours, then on the next business day).

Language: These Terms and any related agreements or policies may be provided in English (and possibly other languages). The English version will prevail in case of conflict or ambiguity in translation.

By agreeing to these Terms, both parties acknowledge that they have read and understood each provision, and agree to abide by all of the above.

Changes to Terms

Humanics SARL may, from time to time, modify or update these Terms and Conditions. Because laws and our Service may change, we may need to make changes to this agreement. Here’s how that will work:

Notification of Changes: If we make a significant change to the Terms, we will notify users by posting the updated Terms on our website (at the same URL or other obvious place) and updating the “Last Updated” date at the top. In addition, we may provide additional notice of significant changes, such as via email to the primary address on your account or a notification within the Service. We encourage you to periodically review the Terms & Conditions page for the latest information on our practices.
Acceptance of Changes: Any changes will become effective on the date indicated in the notice or the updated Terms. By continuing to use the Service after the changes take effect, you agree to be bound by the revised Terms. If you do not agree with a change, you should discontinue use of the Service and, if applicable, cancel your subscription before the new Terms apply to you.
Material Changes and User Rights: If a change materially affects your rights or obligations, we will strive to provide at least 15 days’ advance notice (when feasible) to give you an opportunity to review and provide feedback or cancel if you so choose. “Material” changes could include, for example, changes to liability limitations, arbitration requirements (if any), or changes to payment terms. Minor adjustments, clarifications, or corrections that do not materially impact usage may be effective immediately upon posting.
Archived Versions: We may keep prior versions of the Terms archived, and will note the effective date of each version. If requested, we might provide you a copy of the previous version of Terms for reference.

Your responsibility is to stay informed of any changes. We value our relationship with our users and will not make changes to these Terms without a valid reason. If you have any questions about changes or need clarification, you can always contact us.

Contact Information

If you have any questions, concerns, or feedback about these Terms & Conditions, or if you need to contact us for any reason (including to provide notices, as mentioned above), you may reach us at:

Company Name: Humanics SARL (Operator of RapidPro.app)
Business Address: Cité Keur Gorgui, Dakar, Senegal. (This is our principal office address for official correspondence.)
Email: support@rapidpro.app (for general inquiries or support)
Phone: +221 33 824 77 54 (during business hours GMT, for urgent matters)

Support Portal: You may also visit our online support center at RapidPro.app Support for FAQs, documentation, and to submit support tickets.

We will do our best to respond to all inquiries within two business days. Support is available in English and French (and possibly other languages as advertised). Our team is here to help ensure your experience with RapidPro.app is successful and satisfactory.

By using the RapidPro.app Service, you acknowledge that you have read these Terms & Conditions, understand them, and agree to be bound by them. Thank you for trusting RapidPro.app for your communication and data collection needs. We are excited to support your projects and missions, and we are committed to providing a secure and reliable platform for you.

Let’s build impactful solutions together, responsibly and in accordance with these terms.

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Terms and Conditions

Table of Contents

Introduction

Definitions

User Account Registration and Security

Subscription Plans & Fees

Intellectual Property Rights

User Content and Data Privacy

Use of the Platform

Service Availability and Support

Modifications to the Service

Indemnity

General Provisions

Additional Services and Custom Development

Termination and Suspension

Disclaimers of Warranties

Limitation of Liability

Indemnification

General Provisions

Changes to Terms

Contact Information

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