Welcome to TMS Messenger ("TMS", "the Service", "the Platform"), an encrypted, real-time communication platform engineered and operated by TVB Network (Pty) Ltd ("TVB Network", "we", "us", or "our"), incorporated under the company laws of the Republic of South Africa (Registration Number: 2022/697770/07).
By registering for, downloading, installing, accessing, or otherwise using TMS Messenger through web, desktop, mobile client, or programmatic application programming interfaces (APIs), you confirm that you have read, understood, and irrevocably agree to be bound by these Terms of Service, along with our Privacy Policy and POPIA disclosures.
If you are accepting these Terms on behalf of an enterprise, corporation, government organ, or non-profit organisation, you represent and warrant that you possess full legal authority to bind that entity to this Agreement.
02 Zero-Knowledge Cryptographic Architecture
TMS Messenger is architected upon strict zero-knowledge principles and the Signal Protocol double-ratchet end-to-end encryption (E2EE) standard:
Client-Side Encryption: All direct messages, group chats, voice notes, media files, and attachments are encrypted on your local client device using unique ephemeral keys prior to transmission across public or private networks.
Inability to Decrypt: TVB Network does not possess, store, or have access to private cryptographic decryption keys. Under no circumstance does TVB Network hold the technical capability to decrypt, inspect, intercept, or parse your message contents, media payloads, or voice transmissions in transit or at rest.
Ephemeral In-Flight Relays: Server infrastructure operates strictly as a blind packet relay. Once an encrypted payload is delivered to the recipient device(s), the transitory ciphertext packet is permanently flushed from transmission queues.
Cryptographic Assurance: Because your message ciphertext is cryptographically isolated to your device keys, TVB Network cannot furnish plaintext communications to any party, including law enforcement agencies, subpoena issuers, or third-party auditors.
03 Statutory Compliance: RICA Act No. 70 of 2002
TMS Messenger operates in strict alignment with the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002 (RICA):
Identity Verification at Registration: Pursuant to RICA Section 39 and 40 requirements for telecommunication and electronic messaging services operating within South Africa, TMS requires verification of your mobile telephone number via SMS one-time password (OTP) or authenticated centralized SSO credentials.
Section 16 Direction Compliance: In the event that a lawful interception direction is issued by a designated South African High Court Judge in terms of RICA Section 16, TVB Network complies strictly within the boundaries of statutory law. However, users acknowledge that TVB Network cannot provide decrypted plaintext for communications protected by zero-knowledge end-to-end encryption, as no private decryption keys exist within TVB Network infrastructure.
Communication-Related Information: Metadata retention is strictly minimized to connection state indicators required for routing and delivery acknowledgement, governed by our POPIA retention schedule.
04 Cybercrimes Act No. 19 of 2020 Compliance
TMS Messenger enforces strict zero-tolerance policies pursuant to the Cybercrimes Act No. 19 of 2020. Users are strictly prohibited from utilizing the Platform to:
Unlawfully access or intercept computer systems, servers, or application datastores (Section 2 & Section 3).
Disclose or transmit data messages which threaten persons with damage to property or violence, or which threaten the unlawful disclosure of intimate images without consent (Section 14, 15 & 16).
Distribute malicious computer software, trojans, ransomware, or denial-of-service scripts.
Engage in cyber extortion, financial fraud, impersonation, or identity theft.
Statutory Reporting: TVB Network complies with its statutory reporting duties under Section 54 of the Cybercrimes Act. Accounts identified as originating cyber attacks, extortion attempts, or child sexual abuse material (CSAM) will be terminated immediately and reported to the South African Police Service (SAPS) Cybercrime Unit.
05 Identity, Numbers & 16-Digit Account ID Architecture
Access to TMS Messenger is linked to the centralized TIndex Single Sign-On (SSO) infrastructure:
Worldwide Unique Account ID: Each registered user is provisioned a permanent 16-digit hexadecimal/numeric identifier (format: altYYYYMMDDHHMMSSNN). This AccountID is strictly an internal cryptographic identifier and is never exposed in user-facing message headers or public contact searches.
Public Handles & Privacy: Other users identify you across TMS via your chosen display name and public username handle (@username). Your real mobile telephone number is obscured by default from contacts who do not already have your number stored in their address book.
Account Security: You are solely responsible for maintaining custody of your device access, biometric locks, and SSO session tokens. You must immediately notify TVB Network if you suspect unauthorized access to your account.
06 Acceptable Use & Prohibited Conduct
You agree not to misuse TMS Messenger. Prohibited activities include, without limitation:
Sending unsolicited commercial communications, bulk promotional blasts, or automated spam in violation of Section 45 of the Electronic Communications and Transactions Act (ECTA).
Distributing material that promotes hate speech, racial hostility, incitement of imminent violence, or discrimination prohibited under Section 16(2) of the Constitution of the Republic of South Africa, 1996.
Distributing, storing, or facilitating access to child sexual abuse material (CSAM) or child sexual exploitation and abuse (CSAE) in any format.
Attempting to reverse engineer, decompile, extract source code, or bypass cryptographic routines of TMS clients or server relay nodes.
Deploying bots, automated scraping scripts, or distributed client simulators against TMS WebSocket relays or REST endpoints without express written consent.
07 Ephemeral Messaging & Retention
TMS provides configurable disappearing message timers (from 5 seconds to 7 days). When disappearing messages are enabled in a direct or group conversation:
Message payloads are scrubbed from local device storage once the timer expires after being viewed.
Users acknowledge that disappearing timers do not prevent a recipient from capturing external photographs or recordings of a physical device display, and TVB Network disclaims liability for recipient actions outside client application boundaries.
Server-side delivery queues retain encrypted packets for a maximum of 30 days pending recipient device connectivity, after which undelivered packets are permanently purged.
08 Enterprise & Workspace Tenant Channels
Where TMS is deployed within enterprise SaaS suites (such as PropManage, BuildPro, MediCore, or TransFleet):
Enterprise Tenant Isolation: Corporate communications are routed through dedicated tenant-sharded schemas (e.g. biz_<clientId>) in accordance with platform functional sharding rules.
Organizational Administration: Enterprise administrators may enforce device security policies, mandatory message retention windows for statutory compliance (e.g., FICA or HPCSA retention rules), and user offboarding in accordance with corporate employment agreements.
09 Intellectual Property Rights
All intellectual property rights in TMS Messenger, including software code, algorithms, user interface designs, logos, vector icons, trademarks, and documentation, remain the exclusive property of TVB Network (Pty) Ltd. Users are granted a limited, revocable, non-exclusive, non-transferable licence to access and use the Service strictly for lawful communications.
You retain full ownership of the intellectual property in the content, documents, and media that you transmit across TMS Messenger.
10 Disclaimers & Limitation of Liability
TMS Messenger is provided on an "as is" and "as available" basis without warranties of any kind, whether express, statutory, or implied.
No Emergency Services Replacement: TMS Messenger is an over-the-top (OTT) data application. It does not provide native telecommunications dialer access to emergency services (e.g., 10111, 112, or 10177 in South Africa). Users must maintain access to standard cellular or fixed-line emergency services.
Network & Carrier Latency: TVB Network does not guarantee uninterrupted, real-time message delivery free from packet loss, mobile operator latency, load shedding interruptions, or undersea cable outages.
Cap on Liability: To the maximum extent permitted by Section 61 of the Consumer Protection Act No. 68 of 2008 (CPA), TVB Network's total aggregate liability arising out of or related to the Service shall not exceed the lesser of R 1,000.00 ZAR or the amount paid by you for the Service in the twelve (12) months preceding the claim.
11 Termination & Account Revocation
We reserve the right to suspend or permanently terminate your access to TMS Messenger immediately and without prior notice if:
You breach any material provision of these Terms or related statutory laws.
We receive a valid, substantiated report of unlawful harassment, extortion, CSAM distribution, or cyber attacks originating from your account.
Required to do so by a South African court order, regulatory authority, or competent law enforcement agency.
You may terminate your account at any time by executing an Account Deletion request through your centralized SSO profile settings. Upon deletion, your encryption keys, active sessions, and local queue records will be irreversibly erased in accordance with our Privacy Policy.
12 Governing Law & Dispute Resolution
These Terms of Service are governed exclusively by and construed in accordance with the laws of the Republic of South Africa, without giving effect to conflict of laws principles.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg.