1. PREAMBLE

This Agreement governs your subscription to and use of our Services. By clicking the “Register” button, you signify your acceptance of the terms outlined in this Agreement. You are prohibited from using the Services for benchmarking purposes; however, you may utilize them for competition or research purposes with our prior consent. This Agreement becomes effective between you and us as of the date you accept the terms herein (“Effective Date”).

2. ALERT

We offer our premium services at highly competitive prices. However, if you use our platform to send unauthorized SMS, emails, or other electronic communications, we retain the right to close your account and apply a penalty. This penalty will be assessed in line with relevant laws, with a minimum fee to cover any actual damages resulting from misuse of our platform, violations of this Agreement, or breaches of Ghana’s regulations on SMS communications.

3. DEFINITIONS

The terms and expressions in this Agreement shall have the meanings specified in this “Definitions” section unless the context requires otherwise. Words in singular or plural form are considered interchangeable without altering their meaning.

• “We,” “Us,” or “Our” refers to TheOfficeIT (TheOiT) Company Ltd., a Value-Added Service Provider, a registered office in Kasoa, Central Region of Ghana. Email: contact@offyceit.com. Business registration number: CS204761021.
• “You” or “Your” denotes the entity accepting this Agreement, including any Affiliates. “Affiliate” means any entity directly or indirectly owned or controlled by You with over 50% ownership or voting interest.
• “Subscriber” is any individual subscribing to Our Services.
• “Opt-in” means a person has chosen to receive marketing communications via SMS, email, or other electronic methods.
• “Users” refers to individuals for whom You have subscribed to the Service and to whom You (or We, upon Your request) have provided user IDs and passwords. Users may include Your employees, contractors, media agencies, or other third parties with whom You conduct business.
• “Service” is the service provided by Us through the website or application. By engaging with the Service, You agree to adhere to the Agreement’s terms.
• “Your Data” means all electronic data or information submitted by You to the Services, including personal data or intellectual property.

4. CHANGES

We reserve the right to modify any terms of this Agreement by updating the revised Agreement on Our website or application and/or by sending an email to the most recent email address you have provided. Unless you terminate the Agreement within ten (10) days, the updated Agreement will take effect immediately for any continued or new use of the Service.

5. ELIGIBILITY

Our platform is strictly for communications in professional, peer-to-peer, and commercial contexts. No individual below the age of eighteen (18) is permitted access. By engaging with our offerings, You confirm being at least eighteen (18) years old and that Your use aligns with our terms and does not exploit our platform. We may remove Your content and revoke access without prior notice if we suspect You are under eighteen (18) or engaging in actions that compromise our platform, breach this Agreement, or infringe on applicable regulations.

6. FREE SUBSCRIPTION

Creating an account incurs no cost. Free accounts are restricted solely to accessing the Service. These complimentary subscriptions are provided “as-is” and come with no guarantees.

7. USER SUBSCRIPTION

Our Services are sold as subscriptions for Users and are provided “as-is.” Only Users who have registered can access the Service(s). Each Registered User will receive a unique password, which must remain confidential and not shared with others. You are responsible for safeguarding Your Username (phone number) and password, as well as any information pertaining to Us or third parties acquired under this Agreement. You are fully accountable for any activity on Your account, whether authorized by You or not. You agree to promptly inform Us of any unauthorized use of Your account and to purchase any required Service to account for actual usage.

8. PRICES AND PAYMENT
   Our Service prices are outlined on Our website and are subject to change periodically. You agree to pay any applicable taxes or charges, such as sales, value-added, or other government-imposed fees, on the use or receipt of the Services. If You choose an online bundle, You must provide valid mobile money or credit card details and authorize Us to charge those accounts accordingly. Anyone using a credit card affirms they are authorized to do so. Enterprise and agency subscriptions are billed in advance or later. Any usage exceeding prepaid amounts will be invoiced separately. If We terminate the Services for any reason not caused by You before the term ends, You are entitled to a refund. If credit requirements are not met, We may refuse access to the Service immediately.
9. REFUND OF PAYMENT
   All purchases are final, and no payments are refundable. If Your account is terminated due to a breach of the Agreement, no refund will be provided. To dispute an incorrect charge, You must notify Us within 7 days of the erroneous charge and provide supporting evidence. We reserve the right to reject refund requests if We reasonably believe that (a) You are attempting to exploit the refund policy unfairly, such as by making repeated refund claims for Services, (b) You are in breach of the Agreement, or (c) We suspect fraudulent use of the Services by You or someone with access to Your account.
10. EFFECTIVE DATE AND TERMINATION
    This Agreement for subscription access to Our platform will be effective once the Service begins. Your account will be terminated immediately if You violate the Terms of Service, Privacy Policy, or any applicable intellectual property, data protection, or privacy laws related to the country where You are using Our Services to send communications.
11. FORCE MAJEURE
    Neither party shall be considered in breach of this Agreement if they fail to perform their obligations due to events beyond their reasonable control, such as fires, strikes, wars, civil unrest, government regulations, natural disasters, or other unforeseen events. This does not apply to Your obligation to pay any outstanding amounts before the Force Majeure event, which remains due.
12. THE PARTIES’ RESPONSIBILITIES
    Our responsibilities
    We shall:

• Provide the Service to You.
• Offer customer and technical support for the Service at no extra charge, upon request.
• Make reasonable efforts to ensure the Service is available 24/7, except during planned downtime or for reasons beyond Our control.
• Comply with applicable laws and regulations.
• Ensure the security of Your Data with appropriate measures for confidentiality, integrity, and accessibility.
• Not alter or disclose Your Data unless permitted by You.

Your responsibilities
You shall:

• Ensure the accuracy, legality, and quality of Your Data.
• Make reasonable efforts to prevent unauthorized access to the Service and promptly inform Us of any such incidents.
• Use the Service in accordance with this Agreement, the Privacy Policy, and all applicable laws.

You shall not:

• Use the Service to store, transmit, or process unlawful or infringing content.
• Interfere with or disrupt the Service’s integrity or performance.
• Attempt unauthorized access to the Service or related systems.
• Send irrelevant offers or content to Your contacts.
• Violate any data protection and privacy laws in the countries where You send communications.

Responsibilities for Campaign Creation and Distribution
You acknowledge that the Service is automated, and the content of campaigns is distributed based on the Data You provide. You are solely responsible for ensuring that the content and communication forms comply with all applicable laws in the countries where You distribute campaigns. You will hold Us harmless for any losses, damages, or legal costs arising from non-compliance.

You also acknowledge that:

• Capacity or availability issues may occur.
• SMS delivery success depends on mobile operator terms.
• Problems with service availability may arise due to reliance on third-party providers.

13. INTELLECTUAL PROPERTY RIGHTS
    Except for the limited rights granted in this Agreement, We or Our licensors retain all intellectual property rights in the Services. You are responsible for any damages caused by infringements by You or those under Your control.

Your campaigns
By distributing campaigns, You authorize Us to host, copy, transmit, display, and adapt such campaigns and process Your Data solely to provide the Services. We do not acquire any intellectual property rights to the campaigns or Your Data beyond the necessary processing to deliver the Service.

14. CONFIDENTIALITY
    You agree to keep the non-public terms of this Agreement and all other confidential information disclosed during the course of the Agreement private. Both parties will:

• Protect the confidentiality of the other’s Confidential Information.
• Use the Confidential Information only as necessary for the Agreement.
• Not disclose it to third parties, except to employees or contractors as needed for fulfilling the Agreement.

Confidential Information does not include information that is:

• Already public.
• Independently discovered or created.
• Known through no wrongful act of the receiving party.
• Required to be disclosed by law or court order.

15. RESTRICTIONS IN USE
    TheOfficeIT(TheOiT) Company Ltd is intended for lawful communications. To ensure optimal service for all customers, You are prohibited from sending communications that could harm system performance or delivery rates. You cannot send:

• Communications that violate laws regulating bulk and/or marketing messages.
• Explicit or sexually suggestive content.
• Hateful, discriminatory, or other inappropriate content, as judged by TheOfficeIT(TheOiT).