The fine print, in plain terms.

Bring your own credentials. Keep ownership. That's the contract.

Who you are contracting with: Nervly is a product of Ajian Labs, which is the legal entity that provides the service and contracts with you under these documents. Where they say Nervly, we, or us, they mean Ajian Labs acting through the Nervly product. Ajian Labs may assign or novate this agreement to a standalone company or subsidiary, and will notify your billing contact if it does; from that notice the named entity is the counterparty.

Nervly provides high-throughput notification infrastructure as a service. You bring your own provider credentials (Termii, Sendchamp, Infobip, Postmark, SendGrid, FCM, APNs, Meta WhatsApp). You retain exclusive ownership of your recipient records, message payloads, and template definitions. Nervly operates the ingest gateway, priority queues, circuit breakers, and delivery orchestration.

Acceptable use is strictly enforced: consented recipients only, adherence to Nigerian NCC 2442 DND regulations, and lawful transactional communications. Accounts distributing unsolicited bulk messaging, fraudulent traffic, or deceptive OTPs are suspended at the edge gateway.

Billing operates on a flat monthly BYO subscription (₦50,000 / month) providing 100 RPS throughput and 500,000 monthly events, or the free tier of 1 RPS and 1,000 events/month. Platform is not yet selectable; when it ships, Platform pricing is based on the provider for the options you select, the providers you configure, or the path you define, with the ₦50,000 base. If payment fails, a 7-day grace period applies before fallback to the free tier (1 RPS, 1,000 events/month); a workspace still unpaid 14 days after the failure is suspended.

Eligibility and account security: you must be at least 18 and able to enter a binding contract, and one organisation may not keep more than one free account. You are responsible for the accuracy of your registration details and for keeping your API keys, session credentials, and provider secrets confidential; we are not liable for loss caused by your failure to do so. Tell legal@nervly.io at once if you suspect a credential is compromised.

Fees, refunds, and taxes: platform fees are billed in advance and are non-refundable for partial months; annual balances stay available for the term. All fees exclude taxes, levies, and duties, which are your responsibility. Because carrier charges are billed to you directly by your own provider, Nervly does not refund carrier spend; where Nervly has debited a message the provider never accepted, that debit is reversed automatically. Refunds are made only where non-delivery is the fault of Nervly.

Termination: either party may terminate at the end of a billing period. We may suspend or terminate immediately for material breach, unlawful use, or a security or regulatory risk, and may close a free account with no activity for 60 days. On termination we deactivate the workspace, return or delete your content on request, and refund any unused prepaid platform balance within 7 days. Obligations that by their nature survive (payment, confidentiality, indemnity, and liability limits) continue to apply.

Content and marks: you keep every right to your content and grant Nervly only the limited licence needed to operate the service. We may aggregate and de-identify usage data to run, secure, benchmark, and report on the service, and that data identifies no customer or end user. We may name you as a customer or display your marks only with your written permission. Our own software, brand, and documentation remain ours. We may modify the service or these terms; material changes are notified by email or in-product ahead of taking effect where practicable, and continued use is acceptance.

MCP and AI agents: the MCP endpoint lets AI coding agents read schemas, write integration code, and run sandbox tests. An agent acts on your authority; you are responsible for the code, configuration, and any action it takes in your workspace, and you must keep human review over anything that sends to real recipients.

Consent before contact. Every message, every channel.

You may contact a recipient only with a lawful basis and only for the purpose they agreed to. You are responsible for keeping consent records, honouring opt-outs and STOP-style keywords within the period the law requires, and complying with Nigeria's NCC 2442 DND regime, the NDPA 2023, the GDPR, POPIA, India's TRAI rules, and every other regime that governs your traffic.

You must not use Nervly to send unsolicited bulk or marketing messages, phishing, deceptive sender IDs, or fraudulent traffic; to distribute malware or other harmful code; to infringe intellectual property, privacy, or publicity rights; to transmit obscene, defamatory, threatening, harassing, hateful, or discriminatory content; to impersonate anyone or misrepresent the source of a message; to probe, scan, or circumvent platform security or tenant isolation; or to resell relay or messaging capacity without our written agreement.

We do not pre-screen messages, but we may monitor for abuse, investigate suspected violations, quarantine or remove content, and cooperate with law enforcement. Accounts that breach this policy are rate-limited, suspended, or terminated at the edge gateway, and we may report unlawful activity. We may also remove content that exposes Nervly or a third party to liability.

Your users’ PII never touches plain logs or permanent disk.

Nervly implements strict data minimisation under the Nigeria Data Protection Act (NDPA 2023) and the General Data Protection Regulation (EU GDPR). Recipient phone numbers and email addresses are never written to plain application logs or analytical stores.

No cookies, no third-party analytics, no browser storage. This site sets nothing non-essential, which is why there is no consent banner to dismiss. That is enforced rather than asserted: the build fails if a cookie, a browser-storage call, an analytics vendor, or a third-party script origin ever appears in the shipped document. Client-side errors are reported only to our own first-party endpoint, with the URL query and hash stripped and no identifiers.

Sensitive variable values (one-time passwords, verification codes, account numbers, and personal balances) are held in volatile memory exclusively during message dispatch and are NEVER written to the database or long-term storage. Only a SHA-256 hash and variable keys are retained for 7 days to enable template debugging.

Retention is enforced nightly by automated database jobs: message metadata and chronological event timelines are permanently purged after 90 days; user sessions expire after 30 days of inactivity (hard 90-day cap); regulatory audit logs are retained for 2 years. Under NDPA s.34(1)(b) and s.34(1)(d), controllers can fulfil access and erasure requests through the export (GET /console/subscribers/{id}/export) and erasure (DELETE /v1/subscribers/{id}) routes, which erase identifying data subject to lawful retention.

Lawful bases: we process account, billing, and operational data to perform our contract with you and on the basis of legitimate interest in keeping the service secure and reliable. Marketing contact data is processed only with consent or as otherwise permitted, and your recipients' personal data is processed strictly on your documented instructions as a processor under the DPA.

Your rights: under NDPA 2023 s.34 and the GDPR you may request access, rectification, erasure, restriction, portability, and objection; withdraw consent at any time; and ask for human review of any decision produced by automated processing. Write to legal@nervly.io and we answer within 30 days. As controller of your own end users, you answer their requests, and we assist as the DPA requires.

International transfers: our primary processing is in Germany; cross-border transfers rest on the instruments permitted under NDPA 2023 Part VIII (ss. 41-43), and onward transfers to sub-processors rely on standard contractual clauses and the supplementary safeguards described in the DPA and Residency documents.

Breach notification: if a personal data breach affects your data, we notify you without undue delay and inform the Nigeria Data Protection Commission and other competent supervisory authorities where the law requires it, giving you the information you need to meet your own obligations.

Age restrictions: the service is sold to organisations and is not directed to anyone under 18; we do not knowingly process children's personal data.

Who is responsible: Ajian Labs operates Nervly and is the entity responsible for the personal data described in this policy. Personal data may be processed by Ajian Labs and its subsidiaries and affiliates, including support delivered from our teams in Nigeria and the United States, under intra-group safeguards and standard contractual clauses. If the product is assigned to a standalone entity, this policy transfers to that entity on notice.

Regulatory registrations and representatives: Ajian Labs maintains the data-protection records its operations require under the NDPA 2023, and will provide its current registration status on request through legal@nervly.io.

Standard contractual clauses and authorized sub-processors.

This Data Processing Agreement (DPA) governs all personal data processed by Nervly on behalf of the customer. The customer acts as Data Controller; Nervly acts as Data Processor. Nervly processes personal data solely in accordance with documented customer instructions through API requests and dashboard configurations.

Nervly maintains robust technical and organisational security measures: AES-256-GCM envelope encryption for all provider credentials using per-workspace Data Encryption Keys (DEKs) wrapped under a master Key Encryption Key (KEK); constant-time cryptographic verification of API tokens and session headers; and PostgreSQL Row-Level Security (RLS) guaranteeing strict tenant boundary isolation.

Customer authorizes the following infrastructure sub-processors: (1) Hetzner Online GmbH (Compute, Falkenstein, Germany); (2) Cloudflare, Inc. (Edge network, DNS, R2 encrypted backup archives, Global); (3) Paystack Payments Limited (Merchant billing and card tokenisation, Lagos, Nigeria); (4) Resend (Platform transactional email, Global); (5) Neon, Inc. (Ephemeral CI build verification only, Frankfurt, Germany); plus any upstream notification providers explicitly configured by the customer.

Processing scope: we process personal data only to provide, secure, and support the service, on your documented instructions, and not for our own purposes. We do not sell personal data, and everyone with access is under confidentiality obligations that survive termination.

Sub-processor changes: the list above is authoritative. We give notice by email to your billing contact and by in-product notice, under a versioned DPA, before adding or replacing a sub-processor; you may object on reasonable data-protection grounds; if we cannot resolve the objection you may terminate the affected service. Sub-processors are bound by terms no less protective than this DPA, and we remain liable for their performance.

Assistance and audit: we help you answer data-subject requests, data-protection impact assessments, and prior consultations with supervisory authorities, and we make available the information needed to demonstrate compliance. Once a year, or after a personal-data breach, you may audit our relevant controls under confidentiality.

Return and deletion: on termination we delete or return personal data at your choice within 30 days, except where the law requires retention; backups purge on their normal rotation. This DPA survives for as long as we hold your data.

Entity and role: in this DPA, Nervly means Ajian Labs, which operates the product and acts as Data Processor; you are the Data Controller. If the service is assigned to a standalone subsidiary, that entity becomes the Processor on notice and this DPA transfers with it. Payment processing is currently provided by Paystack Payments Limited; we may add further processors, such as Stripe, in a region, in which case they are added to the sub-processor list with notice under the sub-processor change clause above.

Primary storage in Germany. Nigerian in-country migration ready.

Nervly’s primary production datastore and compute clusters reside in Falkenstein, Germany (Hetzner CX53). Cross-border transfer of data from Nigeria to Germany rests on the cross-border data transfer instruments in NDPA 2023 Part VIII (ss. 41-43), reinforced by our binding DPA. Onward transfers to the sub-processors named in the DPA are disclosed there and rest on standard contractual clauses.

For regulated Nigerian financial institutions, tier-1 banks, and government bodies requiring physical in-country data residency, Nervly has architected and costed a dedicated Nigerian PostgreSQL deployment path. Documented in infrastructure/RESIDENCY.md, this option provides local data storage in Tier-3 Lagos data centers (MDXi Lekki or Rack Centre Ikeja) with an SLA lead time of 2 to 3 weeks upon contract execution.

When enterprise compliance demands in-country storage, you receive a concrete engineering migration plan and fixed pricing rather than ambiguity.

International transfers: where personal data moves from Nigeria or the EEA to another jurisdiction, we rely on the NDPA 2023 Part VIII (ss. 41-43) cross-border data transfer instruments, standard contractual clauses, and supplementary technical measures, and we will provide a copy of the safeguards in force on request.

Lawful requests: if a foreign authority demands your data, we challenge overbroad requests where lawful and, unless legally prohibited, tell you in advance so you can respond.

Affiliates and support access: Ajian Labs entities and affiliates in Nigeria and the United States may access personal data for support, operations, and security under the intra-group safeguards and standard contractual clauses above. This does not change the primary storage location in Germany.

Measured latency and uptime commitments.

Nervly guarantees 99.9% monthly availability for the public ingestion API (api.nervly.io). Enqueue latency is benchmarked with measured headroom: p50 is 1.48ms and p99 is 4.15ms under nominal load on production hardware, well within our 50ms contractual ceiling.

Per-tenant-per-provider circuit breakers isolate upstream failures: the breaker opens at a ≥20% failure ratio once more than 10 requests have been counted over a rolling 5-minute counter, and traffic automatically fails over to the next configured provider in your priority cascade without manual intervention. A tripped provider stays out of rotation for a 30-second cooldown before a single probe is admitted.

Recovery Time Objective (RTO) is under 30 minutes (measured at 18m 42s in full rebuild drills); Recovery Point Objective (RPO) is under 15 minutes backed by continuous WAL archiving to Cloudflare R2. System health is publicly verifiable at status.nervly.io.

Exclusions: the SLA does not cover downtime caused by your systems or credentials, upstream providers, mobile network operators, force majeure, scheduled maintenance announced in advance, or use beyond the published limits. Availability is measured at api.nervly.io and does not extend to provider-side delivery outcomes, which no aggregator controls.

Contractual commitment: Enterprise agreements carry the 99.9% availability target above as a contractual term. Pro and Free plans receive the operational commitments above without a contractual availability target.

Support: Pro includes support with a one-business-day response; Enterprise adds named support. Major incidents are posted to status.nervly.io and written up as postmortems on the blog.

Zero trust. Encrypted at rest and in transit. Audited perimeter.

The public edge, every service-to-datastore link, and every internal hop that carries customer data are TLS-encrypted: mutual TLS with verified client certificates internally, with TLS 1.2 as the internal floor; the observability plane (metrics, logs, tracing) is isolated on the private network by recorded decision and carries no customer payload data. Host firewalls restrict inbound ports strictly to 22 (SSH pubkey only), 80 (ACME HTTP), and 443 (HTTPS TLS). PostgreSQL port 5432 and Redis port 6380 (TLS-only) are bound exclusively to the private container network and are never published to host interfaces.

Provider secrets are envelope-encrypted at rest and decrypted in-memory only during provider calls; zero plaintext credentials can leak from any console or API endpoint. Zero-secret logging is verified by continuous automated test suites preventing API keys, session tokens, passwords, KEK, or payload variables from appearing in log streams.

Cross-origin requests to api.nervly.io disallow credentials by policy. Every management mutation creates an immutable entry in the workspace audit log.

Access and assurance: production access is least-privilege, logged, and reviewed; secrets live in an encrypted store and are rotated. We run dependency scanning, static analysis, and continuous automated tests, and we commission independent penetration testing.

Incident response: we keep a documented process with on-call rotation, severity classification, and public postmortems. Incidents that affect customer data are notified without undue delay with a root-cause write-up. Report vulnerabilities under our security policy at security@nervly.io; we will not pursue researchers who act in good faith.

Best-effort delivery, bounded where the law allows.

The service is provided 'as is' and 'as available'. To the maximum extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation, and no aggregator controls whether a mobile network operator, DND registry, or messaging provider delivers any individual message.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential loss, lost profits, lost data, or business interruption. Except for your payment obligations, breach of confidentiality, or infringement of intellectual property, each party's total aggregate liability is capped at the fees you paid Nervly in the 12 months before the claim first arose.

Indemnities: you indemnify Nervly against third-party claims arising from your content or recipient data, your failure to obtain consent or give required notices, your breach of the acceptable-use policy, or your violation of law. We indemnify you against third-party claims that the Nervly service itself infringes intellectual property, subject to the cap above.

Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control, including network or mobile-network failures, power or connectivity outages, cyberattacks, acts of government, and natural events.

Nigerian law, with a defined path before any court.

These documents are governed by the laws of the Federal Republic of Nigeria, without regard to conflict-of-laws rules. Before starting proceedings, the parties will escalate the dispute in writing and try to resolve it in good faith for 30 days, involving a senior representative from each side.

The courts of Lagos State have exclusive jurisdiction, except that either party may seek injunctive or equitable relief in any competent court to protect its intellectual property or confidential information, and we may sue for unpaid fees where the customer is located.

If any provision is held unenforceable, the rest stays in force; a waiver is effective only in writing and only for the instance given. These documents, with the DPA and any signed order form, are the entire agreement and supersede prior discussions. Notices to Nervly go to legal@nervly.io and notices to you go to your billing contact, and both parties will comply with applicable export-control and sanctions laws.

Contracting entity and assignment: the counterparty to these documents is Ajian Labs, the registered company behind Nervly. Ajian Labs may assign or novate this agreement to a standalone company or subsidiary on notice, and any successor will state its governing law and forum in that notice or order form.