Terms of Service

Effective Date: 6 April 2026  |  Last Updated: 6 April 2026

These Terms of Service (“Terms”) constitute a binding agreement between you (“Customer,” “you,” or “your”) and MOAA TECH Nigeria Limited (“MOAA TECH,” “we,” “us,” or “our”), a company incorporated under the laws of the Federal Republic of Nigeria, with its registered office at Suite 307, Plot 307 The Kings Plaza, Ahmadu Bello Way, Kado, Abuja.

By creating an account, accessing, or using any of our products or services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy (collectively, the “Agreement”). If you do not agree, do not use our services.

1. Definitions

• “Sharp” means MOAA TECH’s multi-channel notification intelligence platform, including the Sharp Console, APIs, workers, and all related infrastructure used to send transactional and promotional messages via SMS, Email, WhatsApp, Push, and any future channels.
• “Sharp+” means MOAA TECH’s customer management and appointment scheduling platform that integrates with Sharp for automated notifications.
• “Console” means the web application at console.moaatech.com through which Customers access and manage Sharp services.
• “Organization” means the business entity or individual account registered on the Console.
• “End User” means any person who receives messages or notifications sent by Customer through our platform.
• “API” means Sharp’s application programming interfaces and any associated documentation, SDKs, and developer tools.
• “Wallet” means the prepaid balance associated with a Customer’s Organization account used to pay for message delivery and related services.
• “Services” means Sharp, Sharp+, the Console, the API, and all related functionality provided by MOAA TECH under these Terms.

2. Eligibility and Account Registration

2.1. You must be at least 18 years of age and possess the legal authority to enter into these Terms on behalf of yourself or the Organization you represent.

2.2. You agree to provide accurate, current, and complete registration information and to update such information to keep it accurate.

2.3. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at info@moaatech.com if you suspect unauthorized access.

2.4. We reserve the right to refuse registration or to suspend or terminate any account at our discretion, including for violations of these Terms or the Acceptable Use Policy.

3. Services

3.1. Sharp

Sharp provides multi-channel notification delivery with automatic failover routing. The platform supports two categories of messaging:

• Transactional: OTPs, transaction alerts, security notifications, and other time-sensitive messages routed at highest priority.
• Promotional: Bulk campaigns, personalized marketing, and scheduled messages delivered in compliance with Do Not Disturb (DND) regulations.

Sharp supports delivery via SMS, Email, WhatsApp, Push Notifications, and additional channels as they become available. Channel availability depends on your plan and configuration.

3.2. Sharp+

Sharp+ is an integrated customer management platform that enables Customers to manage customer databases, schedule appointments, define automated reminder rules, and send notifications through Sharp’s delivery infrastructure. Sharp+ uses the same authentication credentials as the Sharp Console but maintains a separate product experience and database.

3.3. API Access

Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable right to access and use the API to integrate our Services with your applications. You must keep all API keys confidential. Sharing, publishing, or exposing API keys in client-side code or public repositories is prohibited and may result in immediate key revocation.

4. Wallet and Billing

4.1. Our Services operate on a prepaid wallet model. You must maintain a sufficient Wallet balance to send messages or use paid features.

4.2. Wallet top-ups are processed through our authorized payment processor. All payments are subject to the payment processor’s own terms and conditions.

4.3. Message pricing is determined per unit and varies by channel and route type. Current pricing is available on the Console. We may update pricing with at least 14 days’ notice via the Console or email.

4.4. Wallet funds are non-refundable except where required by applicable law. Unused Wallet balances remain available for future use as long as your account is active.

4.5. We reserve the right to deduct costs for messages that are submitted for delivery, regardless of final delivery status, unless the failure is directly attributable to a confirmed outage on our infrastructure.

4.6. You may set a low balance threshold to receive alerts when your Wallet balance falls below a specified amount.

5. Customer Obligations

5.1. You must comply with these Terms, the Acceptable Use Policy, and all applicable laws when using our Services, including the Nigerian Communications Act, the Nigeria Data Protection Act 2023, and any regulations issued by the Nigerian Communications Commission (NCC).

5.2. You are solely responsible for the content of all messages sent through our platform. You represent and warrant that you have obtained all necessary consents from End Users before sending them messages.

5.3. You must not use the Services to send unsolicited messages, spam, or any content that violates our Acceptable Use Policy.

5.4. If you use Sharp+ to store customer data, you are the data controller of that data. You are responsible for ensuring that your collection and use of customer data complies with applicable data protection laws.

5.5. You must not attempt to reverse engineer, decompile, or disassemble any part of our Services, nor use automated means to scrape, crawl, or extract data from the Console or API beyond normal usage.

6. Data Processing

6.1. Account Data: MOAA TECH acts as the data controller for information you provide during registration and account management (name, email, phone, organization details, billing information).

6.2. Message and Customer Data: When you use Sharp to send messages or Sharp+ to manage customer records, MOAA TECH acts as a data processor on your behalf. You remain the data controller of message content, recipient information, and any customer data stored in Sharp+.

6.3. We process your data in accordance with our Privacy Policy and applicable Nigerian data protection legislation.

6.4. We implement appropriate technical and organizational measures to protect data processed through our platform, including encryption of sensitive fields and secure infrastructure practices.

7. Sender IDs

7.1. Sender IDs are subject to approval by upstream providers and telecommunications carriers. We do not guarantee approval of any particular Sender ID.

7.2. You must only use Sender IDs that you are authorized to use and that accurately represent your Organization.

7.3. We reserve the right to revoke or suspend a Sender ID if it is found to be in violation of carrier policies, NCC regulations, or these Terms.

8. Service Availability and Support

8.1. We strive to maintain high availability of our Services but do not guarantee uninterrupted access. Services may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our control.

8.2. Message delivery depends on upstream telecommunications carriers, internet service providers, and third-party channel providers. We route messages through multiple providers with automatic failover to maximize delivery, but we do not guarantee delivery of any specific message.

8.3. We will provide reasonable notice of planned maintenance where practicable.

8.4. Support is available via email at info@moaatech.com. Response times may vary based on your plan tier and the nature of the inquiry.

9. Intellectual Property

9.1. MOAA TECH retains all rights, title, and interest in and to the Services, including all software, APIs, documentation, trademarks (including Sharp®), trade names, logos, and other intellectual property.

9.2. These Terms do not grant you any right to use MOAA TECH’s trademarks, logos, or branding without prior written consent.

9.3. You retain ownership of your message content, customer data, and any materials you upload to the platform. By using the Services, you grant MOAA TECH a limited, non-exclusive license to process and transmit such content solely for the purpose of providing the Services.

10. Confidentiality

10.1. Each party agrees to keep confidential any non-public information received from the other party in connection with these Terms, including API keys, account credentials, pricing arrangements, and technical documentation.

10.2. Confidential information may be disclosed if required by law, regulation, or court order, provided the disclosing party gives the other party reasonable prior notice where permitted.

11. Prohibited Conduct

Without limiting the Acceptable Use Policy, you agree not to:

• Use the Services for any illegal purpose or in violation of any applicable law or regulation.
• Send messages containing fraudulent, deceptive, or misleading content.
• Interfere with or disrupt the integrity or performance of the Services.
• Attempt to gain unauthorized access to any part of the Services, other accounts, or connected systems.
• Resell, sublicense, or redistribute the Services to third parties without our prior written consent.
• Use the Services to harass, threaten, defame, or harm any person.
• Circumvent or manipulate billing, metering, or usage tracking mechanisms.

12. Suspension and Termination

12.1. By Customer: You may terminate your account at any time by contacting us at info@moaatech.com. Termination does not entitle you to a refund of any Wallet balance, except where required by applicable law.

12.2. By MOAA TECH: We may suspend or terminate your access to the Services immediately if:

• You breach these Terms or the Acceptable Use Policy.
• Your use of the Services poses a security risk or may cause harm to other customers or End Users.
• We are required to do so by law, regulation, or a binding order from a regulatory authority.
• Your account has been inactive for 12 consecutive months.

12.3. Upon termination, your right to use the Services ceases immediately. We may retain your data as required by law or for legitimate business purposes, as described in our Privacy Policy.

13. Disclaimers

13.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY MESSAGE WILL BE DELIVERED WITHIN A PARTICULAR TIMEFRAME.

13.3. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, OR DATA OF THIRD PARTIES, INCLUDING TELECOMMUNICATIONS CARRIERS AND PAYMENT PROCESSORS.

14. Limitation of Liability

14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOAA TECH’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MOAA TECH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14.2. IN NO EVENT SHALL MOAA TECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

14.3. These limitations apply regardless of the legal theory on which the claim is based, including contract, tort (including negligence), strict liability, or otherwise.

15. Indemnification

You agree to indemnify, defend, and hold harmless MOAA TECH, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Services.
• Your violation of these Terms or the Acceptable Use Policy.
• Your violation of any applicable law or regulation.
• The content of messages you send through our platform.
• Any dispute between you and your End Users.

16. Governing Law and Dispute Resolution

16.1. These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

16.2. Any dispute arising out of or in connection with these Terms shall first be referred to mediation. If mediation fails within 30 days, the dispute shall be submitted to the exclusive jurisdiction of the courts of the Federal Capital Territory, Abuja.

16.3. Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.

17. General Provisions

17.1. Amendments: We may modify these Terms from time to time. Material changes will be communicated at least 30 days in advance via the Console or the email address associated with your account. Continued use of the Services after the effective date constitutes acceptance of the modified Terms.

17.2. Entire Agreement: These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and MOAA TECH with respect to the Services.

17.3. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17.4. Waiver: The failure of MOAA TECH to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.5. Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. MOAA TECH may assign these Terms without restriction.

17.6. Force Majeure: MOAA TECH shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, wars, government actions, telecommunications failures, power outages, or acts of third-party service providers.

17.7. Notices: All notices under these Terms shall be sent by email: to you at the email address on your account, and to us at info@moaatech.com.

18. Contact Us