Terms
of Use

Purpose and scope

These Terms of Use ("Terms") govern access to and use of the AdaSMS platform available at adasms.ma, published by:

AdaSMS is a B2B platform for routing and sending professional SMS messages, intended exclusively for legal entities and professionals wishing to communicate with their own customers, employees or prospects.

Any registration or use of the platform constitutes full and unreserved acceptance of these Terms.

Description of the services

AdaSMS offers the following services:

AdaSMS provides connectivity with the three Moroccan operators: Maroc Telecom (IAM), Inwi and Orange Morocco. The services are accessible through the web interface and/or through a documented API.

Registration and customer account

3.1 Conditions of access

Use of the AdaSMS services is reserved for professionals. By registering, you declare that you:

• Are acting in the course of a professional activity
• Have the legal capacity to contract
• Have provided information at registration that is accurate and up to date

3.2 Account security

You are solely responsible for keeping your login credentials and your API key confidential. Any use made from your account is deemed to have been made by you. If you suspect a compromise, you must inform us immediately at info@adasms.ma.

3.3 Account suspension

STE ADA CONSULTING reserves the right to suspend or delete any account in the event of a breach of these Terms, without notice or compensation.

Customer obligations and responsibilities

4.1 Regulatory compliance

By using AdaSMS to send SMS messages, you act as the data controller with regard to the final recipients, within the meaning of law no. 09-08. On that basis, you undertake to:

• Obtain the prior and express consent of recipients before sending any commercial or promotional SMS
• Respect the right to object: every recipient must be able to unsubscribe easily
• Not send SMS between 10pm and 8am, nor on Sundays and public holidays for commercial communications
• Keep your own record of processing activities and make your CNDP declarations where necessary
• Comply with the ANRT regulations on commercial electronic communications

4.2 Prohibited content

It is strictly forbidden to use AdaSMS to send:

4.3 Sender ID and sender identity

The Sender ID configured on the platform must correspond to your actual trading name or your brand. It may not impersonate another entity. STE ADA CONSULTING reserves the right to refuse or deactivate any non-compliant Sender ID, without notice.

4.4 Indemnification

In the event of damage suffered by STE ADA CONSULTING as a result of non-compliant use of the services (a recipient complaint, regulatory sanction, legal action, etc.), the customer undertakes to indemnify STE ADA CONSULTING for all resulting costs, damages and losses.

AdaSMS obligations

STE ADA CONSULTING undertakes to:

• Maintain platform availability with a target of 99% per month (excluding scheduled maintenance and events of force majeure)
• Inform customers by email of any scheduled maintenance with at least 48 hours' notice
• Route SMS to the national operators (target < 1 minute)
• Provide responsive technical support in French and Arabic
• Host data exclusively in Morocco
• Never sell or rent customer data to third parties

Pricing and billing

6.1 Billing model

The services operate on the basis of a reloadable prepaid SMS credit with no expiry date. Credit is deducted per segment submitted to the operators according to the price list in force:

A message corresponds to one or more segments. In the standard alphabet (common accented characters é, è, à included), 1 segment = 160 characters. If the message contains Arabic or certain special characters (ê, â, ô, ç, emojis…), 1 segment = 70 characters. Beyond that, the message is split into concatenated segments of 153 characters (or 67), each billed separately. The dashboard displays the number of segments before sending and can automatically replace these special characters.

Prices are stated excluding tax. The applicable VAT is that in force in Morocco.

6.2 No refunds

SMS credit purchased is non-refundable, except in the case of a proven technical failure attributable solely to AdaSMS.

6.3 Price changes

STE ADA CONSULTING reserves the right to change its prices with 30 days' notice. Credit already purchased remains usable on the terms applicable at the time of purchase.

Availability and maintenance

AdaSMS is accessible 24/7, subject to the following cases:

• Scheduled maintenance (announced 48h in advance by email)
• Unforeseen technical failure
• Force majeure (operator network disruption, natural disaster, administrative decision, etc.)

Limitation of liability

STE ADA CONSULTING is subject to an obligation of means, not of result, regarding the delivery of SMS. Non-delivery may result from causes beyond our control: a non-existent or deactivated number, a device out of network coverage, operator filtering, network saturation.

The liability of STE ADA CONSULTING is in any event limited to the value of the SMS credit corresponding to the messages not delivered as a result of a technical failure directly attributable to AdaSMS.

STE ADA CONSULTING cannot be held liable for indirect damage, loss of business or commercial losses suffered by the customer.

Intellectual property

The AdaSMS platform, its interface, its code, its algorithms, its API documentation and its trademark are the exclusive property of STE ADA CONSULTING and are protected by Moroccan law.

Any reproduction, representation, use or adaptation, in whole or in part, of the platform without prior written authorisation is strictly prohibited. Use of the AdaSMS API confers on the customer no ownership right over the platform.

Confidentiality

Each party undertakes to keep strictly confidential the information, data and documents of the other party to which it may have access in the course of using the services, and not to disclose them to third parties without prior written agreement.

STE ADA CONSULTING does not access the content of the SMS messages transmitted, which remain the sole responsibility of the customer. For the processing of personal data, see our Privacy policy.

Term and termination

These Terms are entered into for an indefinite term from the customer's registration.

The customer may terminate their account at any time by contacting info@adasms.ma. Any remaining SMS credit is forfeited unless otherwise agreed in advance.

STE ADA CONSULTING may terminate a customer's account without notice in the event of:

• A serious breach of these Terms
• Fraudulent or unlawful use of the platform
• Non-payment
• Prolonged inactivity of more than 24 months

Governing law and competent jurisdiction

These Terms are governed by Moroccan law.

In the event of a dispute, the parties undertake to seek an amicable solution within 30 days. Failing that, the competent courts of the city of Agadir shall have exclusive jurisdiction.

Changes to the Terms of Use

STE ADA CONSULTING reserves the right to amend these Terms at any time. Changes take effect 15 days after publication on the website, except in urgent cases arising from a legal obligation. The customer will be informed by email. Continued use of the platform after that period constitutes acceptance of the new Terms.

See also our Privacy policy →