Terms and Conditions (“Terms of Service”)

Last updated: JULY 23, 2024

Welcome to NALO Solutions Limited (the “site”)! The following terms and conditions (the “Terms of Service” or “Agreement”) form a binding agreement between you and us. The terms “NALO”, “us”, “we” or “our” refers to NALO Solutions Limited who, in conjunction with its affiliated companies, offers the Services (as defined below). The term “you” or “your” refers to the person accessing or using the Site and Services, or the company or organization on whose behalf that person accesses the Site and Services.

Our Services

We provide services ranging from payment systems, USSD, Valued Added services(VAS), Email and SMS, and marketing solutions through our Site at https://app.nalosolutions.com and any other related websites, toolbars, widgets, applications or other distribution channels we may, from time to time, operate (collectively, the “Services”). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent.

Email

Our Email terms of use deal with the collection, storage, and use of email addresses or email content sent with our applications, websites, tools, or widgets. You are generally responsible for protecting your contacts from abuse or spam. NALO may suspend your account or apply fees and fines if we have reasons to believe that the Services are being used in violation of the Terms or you do not cooperate with our reasonable investigation of any suspected violation of the Terms.

SMS

Our Bulk SMS platform terms of use deal with all SMS campaigns sent with our platform. You are responsible for protecting the privacy of all contacts you upload on the platform to send SMS campaigns. NALO is not responsible or liable for any damages or abuse to your customers when you send them messages. You agree to use our service in line with our Terms of Service, SLA, NDA, and Acceptable Use policies.

SPAM SMS

We have implemented a new SPAM messages filter. This filter will check, authenticate, flag, and remove all messages deemed to be SPAM from the SMS queue. We will also impose sanctions on any messages deemed to be SPAM according to our regulator guidelines. Sanctions may include but are not limited to fines, penalties, suspensions, or termination of accounts as we see fit in our terms of service. We will also charge you for the full cost of your campaign but will reject message processing.

Sender ID

A sender ID is an alphanumeric character you use to differentiate your business from other brands when sending out SMS campaigns. When you request a sender ID, we will verify to make sure you are indeed the person who is requesting for that particular ID. We may call or ask you to send your Identification Cards/Business Documents to Verify the Sender ID.

Sender ID Approval Terms

To have your sender ID approved, you will need to provide;

  • A letter of authorization to whitelist the Sender ID for your organization. It includes a letter of intent, the exact sender ID, your business registration, and your business contact details. Download Sample file
  • The content format(e.g., OTP, Promotional, Informational, & Verifications). Download Sample file

SMS Emojis

Emojis or emoticons are used to express feelings or emotions when sending out an SMS. Please note that SMS cannot be sent using emojis on our platform.

Two Way SMS 

While 2-way SMS enhances communication, it’s crucial to be mindful of the associated costs. Each outgoing 2-Way SMS will be at a charge of GHS 0.05.

USSD

Our USSD terms of use deal with all USSD code rentals, session bundle renewals, and subscriptions under this service agreement. NALO is responsible for managing your USSD extensions after rental, and keeping it active after each renewal. You are also responsible for making sure to buy sessions to keep your USSD code running. You are also required to agree to the USSD SLA terms and conditions to help us proceed with the code rental process.

Definitions

In this Agreement, unless otherwise specified, the following words shall have the meanings next to them:

  • API Key means the unique and secret authentication code issued to you on the User Account which you shall use to access the API Platform;
  • API Platform means NALO’s application programming interface platform accessible on the Site;
  • Disclosing Party means a Party that discloses Confidential Information;
  • Intellectual Property means any and all patents, trademarks, copyrights, inventions, Works, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in Confidential Information, know-how, trade secrets, discoveries, creations, inventions or improvements upon or additions to an invention, moral rights, any research effort relating to any of the above and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world;
  • Network Provider means a network provider in Ghana, where NALO operates and Network Providers shall be construed accordingly;
  • Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  • Person includes a natural person, body corporate, unincorporated venture, trust, joint venture, association, statutory corporation, state, state agency, governmental authority or firm;
  • Receiving Party means a Party that receives Confidential Information;
  • Regulator means the relevant regulatory authority in Ghana, where NALO operates that governs telecommunications
  • Representatives means a Party’s directors, officers, employees or agents;
  • Service Order Form means the service order form(s) executed by you and NALO, which describes the specific Service you have requested and the applicable pricing of the Services, which shall form part of this Agreement;

Acceptance of the Terms

By accessing or using the Services, Terms of Service, whether you are a “Member” (which means that you have registered for an account) or a “Visitor” (which means that you are visiting the Site or any of our related websites, toolbars, widgets, applications or the like). The term “User” refers to a Visitor or a Member. These Terms of Service along with any other guidelines we may post from time to time, such as our Privacy Policy (collectively, the “Guidelines”) will govern your use of the Services. If you do not agree to these Terms of Service or any of our Guidelines, do not use any of our Services.

Your Account, Password, and Security

You can create an account with us by registering on the Site. Creating an account with us is free of charge. You are solely responsible for maintaining the confidentiality of your password and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect a violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your User account and refuse current or future use of any or all of the Services. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.

Account Dormancy

An account becomes dormant if it remains unused for up to 90 days. If we detect any inactivity during the period, we will send you emails, SMS, or we may call your numbers registered with us to help you reactivate your account. An activation means a single sign-in to your account. Whenever you reactivate your account, the inactivity counter resets. Please be informed that after 90 days of inactivity, you may lose your account, and you will have to create a new account. Any balance on the previous account will not be moved to the new account created.

Fees, Renewal, and Subscription Plans

Registering on our platform is free of charge. However, to use our services, you have to buy credits (“Pay as You Go Credits”). You will have an opportunity to review current rates for Pay as You Go Credits in your account prior to purchase. If you choose to buy Pay as You Go Credits, you’ll have access to the features of the Service included in the SMS, Email package, as described on the pricing page, and other than the monthly payment requirement, all of these Terms will still apply to you. Also, to use our USSD services, you have to purchase a USSD Code, which will be due for renewal in a year. USSD Codes are either shared or dedicated. After successful payment for a USSD Code, you will be required to purchase sessions, which can be purchased in bundles. We reserve the right to review USSD code and session bundle prices. Unless otherwise stated, all fees are quoted in Ghana Cedis. We may modify or change our fees and pricing at any time. 

Your Content

You own all your email addresses, contacts, and content, including text, files, images, photos, videos, or the like you store on our Services (collectively, “Content”) you or your Visitors provide by using our Services. You grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display, and publicly perform such Content to the extent needed to provide our Services to you. The license you grant to NALO is non-exclusive (meaning you are free to license your Content to anyone else in addition to NALO), fully paid, and royalty-free (meaning that NALO is not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that NALO is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach).

You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. You agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. 

Acts of a Network Provider

You are hereby made aware that a Network Provider may have the right to act unilaterally and to the prejudice of NALO including but not limited to the Network Provider (a) reviewing its rate charge at any time and (b) at its sole direction deciding to terminate service. The Parties hereby agree that in the event that an act by the Network Provider against NALO prejudices you, you shall have no claim of whatsoever nature against us and/or its Representatives, irrespective of the prejudice suffered by you. The Parties agree to have good faith negotiations to amend the Agreement in the event of a unilateral and prejudicial act by a Network Provider against NALO and in the event that Parties cannot agree to the amended terms, either Party shall have the right to terminate the Agreement in accordance with clause

Prohibited Content

As stated in our Acceptable use policy, we reserve the right to suspend or terminate an account that violates our prohibited content policy. Some prohibited actions on NALO include:

  • Sending Spam. Spam can be in the form of bulk SMS, emails, or one-to-one commercial emails and SMS.
  • You must be able to point to an opt-in form or show other evidence of consent for any commercial or marketing email you send.
  • Include in your Campaigns, Websites, Ads, or accounts or sell in your Store any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other content.
  • Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information in the Service or in any Campaigns created, managed, or sent using our Service.
  • Share your password.
  • You won’t use purchased, rented, or third-party lists of email addresses.
  • You’ll comply with our Acceptable Use Policy, which forms part of these Terms.
  • Decipher, decompile, disassemble, or reverse engineer any of the Software.
  • Use any of the Software to create a competing product.
  • Send marketing emails that do not contain a NALO unsubscribe mechanism or send emails that use an external unsubscribe process.
  • Set up multiple accounts for any person or entity in order to send similar content, unless you’re part of a franchise or agency.
  • Import or incorporate any of this information into any account, audience, emails, or otherwise uploaded to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.
  • Upload or send email Campaigns to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.
  • Sell or offer to sell any counterfeit products or products that infringe the intellectual property rights of others, including trademark, copyright, design or patent rights.

Service Communications

By providing NALO your email address and phone number as a Member, you consent to our using the email address or phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or phone number to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or NALO offers. If you do not want to receive certain email messages and communications, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. NALO reserves the right to send you notices about your account even if you opt out of all voluntary email and phone notifications.

Delivery and Filtering 

We will use commercially reasonable efforts to deliver your emails or messages, but NALO does not guarantee delivery. Third-party and network operator filtering services and other policies of recipient email may prevent the successful delivery of your email or messages. While our Services do provide some email filtering services designed to filter spam it does not provide virus scanning and we recommend that you employ additional security measures to protect against spam, email phishing attempts, and emails infected with viruses. You acknowledge that the limitations of the filtering service will likely result in the capture of some legitimate emails and the failure to capture some unwanted emails, including emails infected with viruses. We are not responsible for any damages arising from the failure of our Services’ filtering services to filter unwanted emails from the capture of legitimate emails, or from a failure of your email to reach its intended recipient.  

Privacy Protection

We care about your privacy. Protecting your privacy and the privacy of anyone receiving your communications is very important. You can view our Privacy Policy to know more about how we process and protect personal data in accordance with good industry practice.

Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from NALO; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages;

You are liable for any Content sent through the Service. Without limitation to the other provisions of these Terms, it is your responsibility to review all Content prior to sending any Campaign through the Service. NALO is not liable for any Content you send through the Service. For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

We are not liable for your relationship with your Contacts and how you interact with them, including your collection of personal information or your collection of consent to communicate with your Contacts via Text Messaging. If applicable law requires, you must obtain consent directly from your Contacts in the manner prescribed by applicable law. It is your responsibility to consult with a licensed attorney to make sure your use of Text Messaging is compliant with all applicable laws.

Indemnification

You agree to indemnify, defend, and hold harmless SixMix and its third-party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to:

  • any Content you submit, post, transmit, or make available through the Site or Services;
  • your use or misuse of the Services;
  • your connection to the Services;
  • your breach or alleged breach of this Agreement; or
  • your violation of any rights (including intellectual property rights) of a third party.

Suspension of Services 

NALO may suspend the Services without liability if: (i) NALO reasonably believes that the Services are being used in violation of the Terms; (ii) you do not cooperate with our reasonable investigation of any suspected violation of the Terms; (iii) there is an attack on the Services or your Services are accessed or manipulated by a third party without your consent, (iv) NALO is required by law or by a regulatory or government body to suspend the Services, or (v) there is another event for which we reasonably believes that the suspension of the Services is necessary to protect the our network or our other customers. Services might be reinstated after a suspension for non-payment or your breach of the Terms only when the payment is received or the breach is remedied.  

Termination of Service

The term of Service will continue for as long as you have a NALO account or until you or we terminate it. We reserve the right to terminate your account at any time with or without cause. You also have the option of canceling your account at any time without penalty. In the event of account cancellation, you will lose all data related to your account. 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Ghana, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes & Amendments

We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.nalosolutions.com or elsewhere on the Site. The revised version will be effective at the time we post it. Your continued use of the Services after the posting of the changes constitutes your binding acceptance of such changes.

Other important Stuff

Generative AI Features – Autocompose

Auto Compose AI Terms

  1. Monthly AI Credits:
    Users would be assigned 15 free credits for each month.
  2. Billing:
    Users who exhaust their free credit for a month would be charged GHS 0.032 for each extra message generated. This will be deducted from their SMS balance.
  3. AI Message History Deletion:
    Messages generated will be made accessible in your history for a period of 365 days after creation

Whenever you request to generate a query with the NALO AI model, our app interacts with a third-party application. You are responsible for ensuring that any summary text, instructions, photos, or content are appropriate and permissible under these terms. NALO cannot make any warranties that text, images, summary, collectively(“Outputs”) are bias or error-free. You are solely responsible for ensuring outputs are accurate and lawful and do not pose any harm to the general public. You agree that we will from time to time leverage third-party AI models to improve our current model, including generating outputs and processing inputs.

Due to the nature of generative artificial intelligence, Outputs may not be unique and the AI Model may generate and/or provide the same or similar Output for you as it generates and/or provides for other users. For clarity, Outputs for other users are not considered your Content.