Terms and Conditions

1. Acceptance of Terms

By using our website or Services, you affirm that: (i) all information you provide during registration is accurate, complete, and up to date; (ii) you will maintain and update that information as needed; and (iii) you are of legal age in your jurisdiction to form a binding contract and are not barred from receiving the Services under applicable law. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Eligibility & Account Registration

Our Services are intended for use by businesses, organizations, and mobile network operators, not individual consumers. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use of your account.

3. Description of Services

Cyberscape provides a range of communications and infrastructure services, including:

• Business Messaging — SMS (promotional, transactional, and OTP), WhatsApp Business API, RCS Business Messaging, and Email API, enabling businesses to reach their customers across multiple channels;
• System Integration & VAS — carrier-grade infrastructure for mobile network operators, including SMSC, USSD, RBT, Voicemail, Anti-Spam, Signaling Firewall, and eSIM management; and
• Professional Services — consulting, implementation, project management, and fiber optic infrastructure services.

We aim to provide fast, reliable delivery on every route we operate. However, message delivery depends in part on third-party networks and platforms outside our control (see Section 5), and Cyberscape does not guarantee delivery, delivery time, or availability of any specific channel at all times.

4. Acceptable Use & Your Compliance Obligations

You may not use the Services to send, and Cyberscape does not permit, content that is unlawful, fraudulent, deceptive, defamatory, or infringing, or that constitutes spam, phishing, or malware distribution. We do not permit messaging campaigns that violate the policies of the networks or platforms carrying them, including WhatsApp's Business Policy or carrier anti-spam rules.

Violation of this section may result in immediate suspension of your account, forfeiture of any prepaid balance to offset penalties imposed by network operators or platforms, and termination of Services, in addition to any other remedies available to us.

5. Third-Party Platform Dependency

WhatsApp Business messaging and RCS Business Messaging depend on infrastructure, approval processes, and policies operated by Meta Platforms, Inc., Google, and participating mobile carriers, none of which are controlled by Cyberscape. These platforms may change their policies, pricing, template approval requirements, or availability at any time, and may suspend or restrict messaging for reasons outside our control, including for content or conduct by you or your recipients. Cyberscape is not liable for any interruption, restriction, or discontinuation of a Service that results from a change made by a third-party platform or network operator.

6. Content Responsibility

Cyberscape acts as a facilitator of messaging and communications services and does not create, review, or endorse the content sent through the Services. You are solely responsible for the content of your messages and for ensuring it complies with applicable law and these Terms. If you believe content distributed through our Services violates the law or infringes your rights, contact us at info@cyberscapetel.co.

7. Fees, Billing & Payment

Fees for the Services are set out in your order form, pricing plan, or service agreement with Cyberscape. Unless otherwise agreed, fees are billed in advance for prepaid balances or in arrears for usage-based billing, and are non-refundable except as described in Section 8. You are responsible for any taxes applicable to your use of the Services, other than taxes on Cyberscape's net income. We may suspend Services for accounts with an overdue balance after reasonable notice.

8. Refund Policy

Refunds are not provided for balances or fees associated with services used to send spam, fraudulent content, or content otherwise in violation of these Terms or our Acceptable Use policy. Requests for refunds of unused prepaid balances, where applicable, are evaluated on a case-by-case basis in accordance with your service agreement.

9. Professional Services

Consulting, implementation, project management, and fiber optic infrastructure engagements are governed by these Terms together with the applicable statement of work, proposal, or service agreement ("SOW") agreed between you and Cyberscape, which will set out the specific scope, deliverables, timeline, fees, and acceptance criteria for that engagement. In the event of a conflict between these Terms and an SOW on a matter the SOW specifically addresses, the SOW controls for that engagement. Unless the SOW states otherwise, each party retains ownership of its pre-existing intellectual property, and deliverables created specifically for you under the SOW are assigned to you upon full payment.

10. System Integration & VAS Terms

System Integration and Value-Added Services provided to mobile network operators and carriers (including SMSC, USSD, RBT, Voicemail, Anti-Spam, Signaling Firewall, and eSIM management) are provided on a carrier-grade, commercially reasonable-efforts basis. Specific service levels, uptime commitments, and support response times, where applicable, are set out in the relevant service agreement or SLA with the operator, and govern over the general terms in this section in the event of a conflict. Cyberscape is not responsible for network conditions, subscriber equipment, or third-party infrastructure outside the scope of the contracted service.

11. Suspension & Termination

You acknowledge and agree that Cyberscape may, at its discretion, suspend or terminate your account or access to the Services, or remove content, without prior notice, where we reasonably believe you have violated these Terms, applicable law, or a third-party platform's policies, or where continued provision of the Service would expose Cyberscape or its network partners to legal or regulatory risk. You may terminate your account at any time in accordance with your service agreement. Upon termination, your right to use the Services ends immediately, though provisions of these Terms that by their nature should survive termination (including Sections 12, 13, 15, 16, and 17) will continue to apply.

12. Intellectual Property

All content, software, platform technology, and trademarks made available through our website and Services are the property of Cyberscape Telecommunications or its licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your own internal business purposes. You may not reverse-engineer, decompile, resell, or create derivative works from our platform or software except as expressly permitted by law or by us in writing.

13. Confidentiality

Each party may receive confidential or proprietary information from the other in the course of the relationship, particularly during Professional Services and System Integration engagements. Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information (and no less than reasonable care), and to use it only for purposes of performing under these Terms and any applicable SOW or service agreement.

14. Disclaimer of Warranties

Except as expressly set out in a signed service agreement or SOW, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Cyberscape does not warrant that the Services will be uninterrupted, error-free, or that every message will be delivered, given our reliance on third-party networks and platforms described in Section 5.

15. Limitation of Liability

To the maximum extent permitted by law, Cyberscape Telecommunications shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising out of or related to your use of the Services, including message delays, non-delivery, or content issues, even if advised of the possibility of such damages. To the extent liability cannot be excluded, Cyberscape's total aggregate liability arising out of or relating to these Terms or the Services will not exceed the amount you paid to Cyberscape for the Services giving rise to the claim in the twelve (12) months preceding the event giving rise to liability.

16. Indemnification

You agree to indemnify, defend, and hold harmless Cyberscape Telecommunications, its affiliates, and their respective officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (i) your use of the Services; (ii) content you send or distribute through the Services; (iii) your violation of these Terms or applicable law, including consent and anti-spam obligations described in Section 4; or (iv) your violation of any third-party right.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the United Arab Emirates, without regard to conflict-of-law principles, unless a signed service agreement between you and Cyberscape specifies otherwise. Any dispute arising out of or relating to these Terms or the Services shall first be addressed through good-faith negotiation between the parties, and if unresolved, shall be subject to the exclusive jurisdiction of the competent courts of Dubai, United Arab Emirates, unless applicable law or a separate agreement provides otherwise.

18. Force Majeure

Neither party will be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, war, civil unrest, labor disputes, internet or telecommunications failures, or the acts or omissions of third-party network operators or messaging platforms.

19. Changes to These Terms

Any modification to the Services, including new features or changes in functionality, will be subject to these Terms. We may update these Terms from time to time; material changes will be posted on this page with an updated effective date, and, where appropriate, communicated directly to registered Customers. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

20. Miscellaneous

Failure to enforce any provision of these Terms shall not be considered a waiver of that or any other provision. If any clause of these Terms is found unenforceable, it will be severed, and the remaining Terms will remain in full force and effect. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with any applicable service agreement or SOW, constitute the entire agreement between you and Cyberscape regarding the Services.

21. Contact Information

If you have questions about these Terms, please contact us at: