Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether individually or on behalf of an enterprise or organization, "Customer", "you", or "your") and NexHub 360 Ltd. ("NexHub 360", "Nopexo", "we", "us", or "our"), a company incorporated under the laws of the Republic of Ghana.

Nopexo provides cloud-based communications and verification infrastructure, including Application-to-Person (A2P) transactional and promotional SMS delivery, secure one-time password (OTP) verification ("Nopexo Verify"), bulk messaging campaigns, customer webhooks, and programmatic developer APIs.

By creating an account, provisioning API credentials, accessing our developer platform, or sending messages through Nopexo, you expressly accept and agree to be bound by these Terms and our Acceptable Use Policy.

To register an account and utilize the services, you must be at least 18 years of age or a duly registered business, corporation, educational institution, or non-governmental organization in good standing.

You are responsible for maintaining the accuracy of all organization registration details, profile data, and administrative contact channels.

Security Credentials: You are solely responsible for safeguarding all account credentials, authentication session tokens, and developer API keys (including sandbox `nxk_test_...` and production `nxk_live_...` secrets). Any action executed through your credentials or API keys will be deemed to have been authorized by your organization.

Multi-Tenant Access: Account owners may invite team members and assign organizational roles (Owner or Member). Owners maintain full financial, project lifecycle, and credential delegation authority, and are responsible for all activity conducted by designated members.

Ghana Telecommunications Regulations: In accordance with National Communications Authority (NCA) directives and telecommunication carrier agreements in Ghana (including MTN, Telecel, and AT), alphanumeric Sender IDs are subject to review, validation, and regulatory approval.

Verification Requirements: Customers requesting custom Sender IDs must provide legitimate proof of brand identity, business registration, or trademark ownership. Generic, deceptive, misleading, or impersonating Sender IDs (such as unauthorized bank names, government institutions, or telecom brands) will be rejected immediately.

Production Gating: Messages submitted with unapproved Sender IDs in production environments will be rejected by our routing gateway. Nopexo reserves the right to suspend or revoke any Sender ID if flagged by telecommunication operators or regulatory bodies.

Pre-Funded Wallet Model: Nopexo operates on a prepaid credit balance model denominated in Ghana Cedis (GH₵). You must pre-fund your organization wallet prior to dispatching billable production traffic.

Immutable Double-Entry Ledger: All financial transactions—including wallet top-ups, funds holds, captures, releases, refunds, and administrative adjustments—are recorded in an immutable, append-only cryptographic database ledger. Historical ledger records cannot be deleted, altered, or overwritten.

Hold & Capture Lifecycle:

Billing Segments: SMS charges are calculated strictly on telecommunications segment standards: standard GSM-7 encoding (160 characters for a single part; 153 characters per part for concatenated messages) or UCS-2 Unicode encoding (70 characters for a single part; 67 characters per part for concatenated messages).

No Negative Balances: Our system enforces zero overdraw controls at the database level. If your organization lacks sufficient funds to cover an entire bulk campaign or single SMS, dispatch will fail with HTTP 402 Payment Required.

Refund Policy: Wallet top-up credits are non-refundable and non-transferable, except where required by applicable consumer protection laws or upon verified platform billing reconciliation discrepancies approved by our Finance Department.

API License & Limits: Subject to compliance with these Terms, Nopexo grants you a revocable, non-exclusive, non-transferable license to integrate our public REST APIs (`/v1`) into your software applications.

Rate Limits & Idempotency: API usage is subject to published per-key rate limits. Senders must utilize the `Idempotency-Key` header on financial and dispatch endpoints to prevent duplicate message dispatch and billing during network retries.

Sandbox Testing: Developers must test integrations using Sandbox API keys (`nxk_test_...`). Sandbox traffic is free, simulated, and never delivered to physical mobile subscriber devices.

Customer Webhooks: Nopexo delivers asynchronous message delivery reports and verification events to your registered webhook endpoints. You are responsible for verifying HMAC-SHA256 signatures on inbound payloads and maintaining resilient, SSRF-compliant receiving servers.

Service Level Commitment: Nopexo targets 99.9% availability for our core REST APIs, webhook dispatch workers, and verification engines, excluding scheduled maintenance windows.

Carrier Network Dependencies: Delivery of SMS messages to end-user handsets is dependent upon downstream telecommunications infrastructure, third-party aggregator gateways, and mobile network operators (MTN, Telecel, AT). Nopexo cannot warrant delivery to handsets that are out of cellular coverage, switched off, roaming without international SMS support, or experiencing device-level blocking.

No Emergency Services: Nopexo services are not designed, intended, or authorized for emergency dispatch communications (such as 112 or 999 emergency services).

Customer Indemnity: You agree to defend, indemnify, and hold harmless NexHub 360 Ltd., its officers, directors, employees, and agents from any claims, damages, liabilities, regulatory fines, and legal costs arising from: (a) message content transmitted through your account; (b) violations of recipient privacy or data protection laws; or (c) breach of our Acceptable Use Policy.

Limitation of Liability: To the maximum extent permitted by the laws of Ghana, in no event shall NexHub 360 Ltd. be liable for indirect, incidental, special, exemplary, or consequential damages (including loss of profits, data, or goodwill). Our aggregate liability for all claims arising out of or related to these Terms shall not exceed the total fees paid by you to Nopexo in the three (3) months preceding the claim.

Immediate Suspension: We reserve the right to immediately suspend or restrict access to your dashboard, API keys, or messaging queues without prior notice if: (a) we detect fraud, phishing, or unauthorized traffic; (b) your account is subjected to regulatory enforcement or law enforcement requests; or (c) you violate our Acceptable Use Policy.

Account Termination: Either party may terminate these Terms at any time upon thirty (30) days' written notice. Upon termination, remaining verified funds (excluding promotional credits and subject to administrative clearance) will be returned in accordance with our financial settlement procedures.

These Terms are governed by and construed in accordance with the laws of the Republic of Ghana, without regard to conflict of law principles.

Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms shall first be submitted to good-faith mutual negotiations. If unresolved within thirty (30) days, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Ghana situated in Accra.