Terms of Service

1. Definitions

In these GTS, the following terms shall have the following meanings:

• "NGH CORP" or "We": NGH CORP SARL, a Togolese company, certified A2P aggregator, publisher of the SMS Zedekaa Platform
• "Platform": all services, web applications, APIs, and interfaces offered under the SMS Zedekaa brand, accessible at extranet.nghcorp.net
• "User" or "You": any natural or legal person who creates an account on the Platform and uses all or part of its services
• "End Recipient": any natural person receiving an SMS, WhatsApp message, or USSD interaction sent via the Platform by a User
• "Wallet": the unified prepaid credit available in the User's account, usable for all communication channels on the Platform
• "Sender ID": the personalized alphanumeric identifier appearing as the sender's name in SMS messages
• "WABA": WhatsApp Business Account, the official WhatsApp Business account linked to the User
• "Meta": Meta Platforms, Inc., the parent company of Facebook and WhatsApp
• "Content": all data, text, messages, templates, and information that the User transmits via the Platform

2. Purpose & Acceptance

The purpose of these GTS is to define the conditions under which NGH CORP makes the SMS Zedekaa Platform and its communication services (SMS, WhatsApp Business, USSD, API) available to Users.

Access to and use of the Platform are conditional upon prior and unreserved acceptance of these GTS. This acceptance occurs:

• Upon account creation, by checking the box "I accept the General Terms of Service"
• By the effective use of all or part of the Platform's services

The User declares to have the necessary legal capacity to commit on behalf of their natural person or legal entity.

3. Account Creation

3.1 Registration

Access to the Platform requires the creation of an account. The User agrees to provide accurate, complete, and up-to-date information during registration and to keep it updated throughout the use of the Platform.

3.2 Login Credentials

The User is solely responsible for the confidentiality of their login credentials (email address and password). They agree not to disclose them to third parties and to immediately notify NGH CORP of any unauthorized access to their account at info@nghcorp.info.

3.3 Identity Verification (KYC)

NGH CORP reserves the right to request any User to provide supporting documents of identity or legal existence (KYC) before activating or maintaining certain services, in particular the assignment of a custom Sender ID or access to the WhatsApp Business API.

3.4 One Account per Entity

Each entity (natural or legal person) may only have one active account, unless prior written agreement from NGH CORP.

4. Description of Services

The SMS Zedekaa Platform offers the following services:

4.1 SMS Campaigns

Sending individual or bulk SMS messages to covered destinations, with the possibility of customizing the Sender ID, segmenting the audience, scheduling sends, and accessing real-time delivery statistics.

4.2 WhatsApp Marketing

Access to the WhatsApp Business Platform (official Meta API) allowing the sending of WhatsApp messages via templates previously approved by Meta, to recipients who have consented to receive these communications.

4.3 Interactive USSD

Deployment of USSD services (interactive menus accessible from any phone without an internet connection) for use cases such as surveys, self-service, data collection, and mobile interactions.

4.4 SMS, OTP, Campaigns & SMPP API

Programmatic access to all Platform features via documented REST APIs and high-performance SMPP connections for large volumes.

4.5 Covered Destinations

The Platform covers destinations including: Togo, Benin, Ivory Coast, Senegal, Gabon, Niger, Burkina Faso, and over 250 global destinations. Service availability may vary by operator and destination. NGH CORP does not guarantee the availability of all channels to all destinations.

5. WhatsApp / Meta Conditions

5.1 Compliance with Meta Policies

The use of the WhatsApp channel via the Platform is subject, in addition to these GTS, to the following Meta policies, which the User agrees to respect:

• WhatsApp Business Terms of Service
• WhatsApp Commerce Policy
• Meta Developer Policy
• Meta Advertising Policies

In case of conflict between these GTS and Meta's policies, Meta's policies shall prevail for all matters concerning the use of the WhatsApp API.

5.2 End Recipient Consent

The User formally agrees to:

• Obtain explicit, freely given, and verifiable consent from each end recipient before sending any WhatsApp message
• Keep proof of consent and make it available to NGH CORP or Meta upon request
• Provide a clear mechanism for recipients to unsubscribe at any time
• Immediately cease all contact with a recipient who has expressed their refusal

5.3 Message Templates

Any WhatsApp message sent via the Platform must use a template previously submitted to and approved by Meta. The User agrees to:

• Only submit templates that comply with WhatsApp's policies
• Not use approved templates for purposes other than those declared upon submission
• Respect the authorized template categories (transactional, marketing, authentication)

5.4 Prohibited Content via WhatsApp

It is strictly forbidden to use the WhatsApp channel via the Platform to send:

• Adult content, weapons, tobacco products, or alcohol without compliance with applicable legal restrictions
• Prescription drugs or illegal drugs
• Deceptive, fraudulent, or phishing content
• Political or electoral content not compliant with Meta's policies
• Online gambling or betting without regulatory compliance
• Any content that violates third-party rights or applicable regulations

The full list of prohibited content is defined by the WhatsApp Commerce Policy.

5.5 User's Liability towards Meta

NGH CORP acts as a technical intermediary. The User acknowledges being directly responsible for the content of messages sent to their end recipients and for its compliance with Meta's policies. NGH CORP cannot be held responsible for sanctions imposed by Meta in case of the User's violation of WhatsApp policies.

5.6 Suspension by Meta

Meta reserves the right to suspend or terminate access to the WhatsApp Business API for any account that does not comply with its policies. In such a case, NGH CORP will not be required to refund unused credits related to the WhatsApp channel, unless the suspension is directly attributable to a fault of NGH CORP.

6. Wallet & Billing

6.1 Wallet Operation

The Platform operates on a prepayment system. The User funds their unified wallet, the balance of which is consumed as sends are made across all available channels (SMS, WhatsApp, USSD).

6.2 Top-up Methods

The wallet can be topped up using the following payment methods:

• Mobile Money: Orange Money, MTN MoMo, Wave, Moov, and other partner operators available depending on the destination
• Credit Card: Visa, Mastercard, via a secure PCI-DSS certified payment provider
• PayPal: via your PayPal account

6.3 Non-refundability

Unless otherwise required by law or in case of a manifest error attributable to NGH CORP, top-ups made to the wallet are final and non-refundable. In the event of account closure, the remaining balance may be refunded upon written request, minus any processing fees, within 30 days.

6.4 Pricing

The applicable rates for sends can be viewed from the Platform interface and may vary depending on the channel, destination, operator, and volume. NGH CORP reserves the right to change its rates with a 15-day notice sent by email or via the Platform. Already purchased credits are not affected by a rate change.

6.5 Account Inactivity

In case of account inactivity for a period exceeding 24 months, NGH CORP reserves the right to close the account and cancel the remaining balance, after prior notification by email with a 30-day notice.

7. Sender ID

The User can request the assignment of a custom Sender ID (alphanumeric identifier replacing the sender's number in SMS messages) from their account. The assignment of a Sender ID is subject to the following conditions:

• The request must be made via the dedicated interface on the Platform
• NGH CORP reserves the right to refuse any Sender ID that could mislead recipients, impersonate a third party, or violate telecom operator regulations
• The User must be the legal owner or have the authorization of the owner of the brand or name requested as a Sender ID
• Activating a Sender ID may require processing time and additional fees depending on the destinations
• The availability of the Sender ID varies by operator and country. Some operators impose their own filtering rules
• NGH CORP reserves the right to deactivate a Sender ID in case of misuse or at the request of a telecom operator

8. User Obligations

The User agrees to:

• Use the Platform in accordance with these GTS, Meta's policies, and the applicable legislation in their country and in the recipient countries
• Only send commercial, promotional, or marketing messages to recipients who have expressly consented to receive them (opt-in)
• Systematically provide a clear and functional unsubscribe (opt-out) method in their communications
• Respect do-not-contact lists and promptly process any unsubscribe request
• Not use the Platform to send unsolicited bulk messages (spam)
• Keep their account information up to date, especially the contact email address
• Not attempt to bypass the Platform's security mechanisms
• Report any fraudulent or unauthorized use of their account to NGH CORP
• Maintain their own privacy policy accessible to their end recipients, in accordance with Meta's requirements

9. Prohibited Content

It is strictly forbidden to use the Platform to send messages containing:

• Pornographic, pedophilic, or sexually explicit content
• Incitement to hatred, violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, or any other protected criterion
• Fraudulent, misleading, or phishing content
• Malware, viruses, or links to malicious sites
• False information or information likely to mislead recipients
• Offers of medicines, illicit substances, or counterfeit products
• Content that violates third-party intellectual property rights
• Any content illegal under Togolese law or the law of the recipient's country
• Unsolicited bulk messages (spam)

NGH CORP reserves the right, but is not obligated, to monitor the Content transmitted via the Platform and to block or delete any Content contrary to these GTS, without notice and without right to compensation.

10. API Usage

Access to the SMS Zedekaa API is subject to the following specific conditions:

• The API key is personal, confidential, and non-transferable. The User is responsible for all use made with their API key
• The User agrees not to share, resell, or distribute their API keys without prior written consent from NGH CORP
• API usage must respect the rate limits communicated in the technical documentation
• NGH CORP reserves the right to limit or block API calls in case of misuse, denial-of-service attack, or abnormal behavior
• Users wishing to redistribute API access as part of a white-label solution must enter into a separate partnership agreement with NGH CORP

11. Availability

NGH CORP strives to keep the Platform available 24/7 with a target availability of 99.9% measured on a monthly basis, excluding scheduled maintenance.

NGH CORP reserves the right to perform scheduled maintenance, with a minimum of 24 hours' notice (except in emergencies) communicated via the Platform or by email. NGH CORP does not guarantee service continuity in the event of:

• Force majeure (power outages, natural disasters, pandemics)
• Failure of partner telecom networks
• Interruption of Meta's services (for the WhatsApp channel)
• Cyberattacks or security incidents

12. Liability

12.1 Liability of NGH CORP

NGH CORP is bound by an obligation of means in the provision of its services. Its liability can only be engaged in case of proven fault. In any event, NGH CORP's liability is limited to the amount of sums actually paid by the User during the last 3 months preceding the event giving rise to the damage.

12.2 Exclusions of Liability

NGH CORP cannot be held responsible for:

• The content of messages sent by Users
• Damages resulting from a use of the Platform not in accordance with these GTS
• Delivery delays or failures attributable to telecom operators or Meta
• Loss of data or business interruption following a service interruption
• Any sanction imposed by Meta on the User due to violation of WhatsApp policies
• The consequences of unauthorized use of the User's credentials

12.3 User's Liability

The User is solely responsible for all Content transmitted via the Platform and its compliance with applicable laws, Meta's policies, and the rights of end recipients. The User indemnifies NGH CORP against any recourse, complaint, or legal action resulting from their use of the Platform.

13. Intellectual Property

The SMS Zedekaa Platform, its structure, source code, interfaces, trademarks, logos, and all its constituent elements are the exclusive property of NGH CORP SARL and are protected by applicable intellectual property rights.

The User benefits from a personal, non-exclusive, non-transferable, and revocable license to use the Platform, limited to the use provided for by these GTS. Any unauthorized reproduction, adaptation, distribution, or commercial exploitation is strictly prohibited.

The User retains all intellectual property rights to the Content they transmit via the Platform. They grant NGH CORP a limited license to use this Content for the sole purpose of providing the contractual services.

14. Suspension & Termination

14.1 Termination by the User

The User can close their account at any time from their personal space or by sending a written request to info@nghcorp.info. The termination takes effect within 15 working days following the request.

14.2 Suspension or Termination by NGH CORP

NGH CORP reserves the right to suspend or terminate a User's access to the Platform, with or without notice depending on the severity, in the following cases:

• Violation of these GTS or Meta's policies
• Use of the Platform for illegal or fraudulent purposes
• Sending prohibited content or spam
• Repeated complaints from end recipients
• Non-payment or attempted fraud on top-ups
• Request from competent authorities or a telecom operator
• Prolonged inactivity (see section 6.5)

In case of a serious violation, the suspension may be immediate and without notice. NGH CORP will notify the User by email as soon as possible.

15. GTS Modifications

NGH CORP reserves the right to modify these GTS at any time, in particular to comply with legal or regulatory developments or changes in Meta's policies. The modifications are notified to the User by email and/or via the Platform with a minimum notice of 15 days before they come into effect. Continued use of the Platform after this period constitutes acceptance of the new GTS.

16. Applicable Law

These GTS are subject to Togolese law. In the event of a dispute relating to the interpretation or execution of these GTS, the parties agree to seek an amicable solution within 30 days following notification of the dispute by registered letter or email with acknowledgment of receipt.

In the absence of an amicable resolution, any dispute will be subject to the exclusive jurisdiction of the competent courts of Lomé (Togo), unless a mandatory legal provision to the contrary applies to the consumer's place of residence.

17. Contact Us

For any questions regarding these GTS, to exercise your rights, or for any commercial or partnership request: