1. Agreement
These Terms of Service ("Terms") govern your access to and use of the HOVA communications platform, including the dashboard at app.hovagh.com, our APIs, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you don't agree, don't use the Service.
2. The Service
HOVA is operated by Abrefa Carl, an individual operator based in Ghana ("HOVA", "we", "us"). HOVA provides a unified communications platform for Ghanaian businesses, including SMS, voice calling, WhatsApp Business messaging, email, and integrations with social platforms like TikTok and Instagram, plus AI-assisted message composition.
The Service is provided "as is." Specific features may depend on third-party providers whose terms also apply (see Section 8).
3. Your account
- You must be at least 18 years old to create an account.
- You must provide accurate, complete information when registering.
- You are responsible for keeping your password and API keys confidential. Notify us promptly if you suspect unauthorized access.
- You are responsible for all activity under your account, including charges incurred by team members or compromised API keys.
- One person or business may operate multiple accounts only with our prior approval.
4. Fees and billing
- HOVA operates on a prepaid wallet model. You top up your wallet, and usage is deducted at the rates shown on our pricing page.
- All prices are in Ghana Cedis (GHS) unless otherwise stated. Prices may change with 30 days' notice.
- Wallet top-ups are processed by Paystack and are non-refundable except where required by law.
- Unused wallet balance does not expire as long as your account remains active.
- If your wallet balance is insufficient to send a message or place a call, that operation will fail. We do not extend credit by default.
- You are responsible for any taxes (VAT, NHIL, etc.) on your top-ups, which we collect on behalf of the relevant tax authority.
5. Acceptable use
You agree NOT to use the Service to:
- Send messages to recipients who have not consented to receive them, or who have opted out.
- Send unsolicited bulk messages (spam) or commercial messages that violate Ghana's National Communications Authority guidelines.
- Send messages designed to deceive recipients (phishing, scams, fraudulent solicitations).
- Send sexually explicit content, graphic violence, or content that promotes hatred or harassment of any group.
- Send content that violates any law, including Ghana's Cybersecurity Act, Electronic Transactions Act, or Criminal Offences Act.
- Impersonate another person or business.
- Reverse-engineer, decompile, or attempt to extract source code from the Service.
- Use the Service to attack, scan, or probe other systems.
- Resell access to the Service to third parties without our written consent.
- Bypass our rate limits, quotas, or billing controls.
We may suspend or terminate accounts that violate these rules without notice and without refund.
6. Messaging compliance
You are solely responsible for ensuring your messaging complies with applicable laws and platform rules:
- SMS: All marketing SMS sent via HOVA must include opt-out instructions. Recipients must have opted in.
- WhatsApp: Must follow Meta's WhatsApp Business Policy. Template messages must be pre-approved by Meta.
- TikTok / Instagram: Must follow each platform's own Community Guidelines and Developer Terms.
- Voice: Calls during prohibited hours (e.g. before 7am or after 9pm local time) for marketing purposes are not permitted.
- Sender IDs: You must own or have rights to use any sender ID you register. We may reject sender IDs that infringe trademarks.
We maintain a network-level suppression list of opt-outs. Sending to a suppressed number may result in the message being silently dropped at no charge to you.
7. Your content
You retain ownership of all content you send through the Service (messages, recordings, contact lists, AI prompts, etc.) ("Your Content"). By using the Service, you grant us a limited license to process Your Content solely to deliver the Service.
We do not use Your Content to train any AI models. We do not sell Your Content. See our Privacy Policy for details on data handling.
8. Third-party platforms
The Service connects to third-party platforms (Arkesel, Hubtel, Africa's Talking, Brevo, Meta, TikTok, Google, Paystack, Supabase, Railway, Google AI, Groq). Your use of those platforms via HOVA is also governed by their terms of service. We are not responsible for outages, policy changes, or actions taken by those providers.
If a third-party provider terminates or suspends our access (for example, TikTok revokes our developer credentials), the related HOVA features will become unavailable. We will make reasonable efforts to restore service or migrate to alternatives.
9. Availability
We work hard to keep the Service available, but we do not currently offer a formal uptime SLA. Planned maintenance will be announced in the dashboard. Unplanned outages will be disclosed on our status page once available. Mission-critical workloads should be designed with appropriate retry logic and fallback channels.
10. Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT MESSAGES WILL BE DELIVERED IN ANY SPECIFIC TIMEFRAME.
Some jurisdictions do not allow disclaimers of implied warranties, so the above may not apply to you to that extent.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) GHS 500 OR (B) THE TOTAL AMOUNT YOU PAID US IN THE 90 DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY.
12. Indemnity
You agree to indemnify and hold us harmless from any claims, losses, damages, or expenses (including reasonable legal fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any content you send through the Service.
13. Termination
You may close your account at any time by contacting us. We may suspend or terminate your account if you breach these Terms, fail to pay outstanding fees, or use the Service in a way that exposes us or other users to risk.
On termination, you remain liable for any outstanding charges. We will retain data per our Privacy Policy retention schedule before final deletion.
14. Governing law
These Terms are governed by the laws of the Republic of Ghana. Any disputes will be resolved in the courts of Accra, Ghana.
15. Changes
We may revise these Terms periodically. Material changes will be communicated by email at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance.
16. Contact
Questions about these Terms? Email us at hovaunplugged@gmail.com.