Terms of Use.

1. Agreement to these Terms

These Terms of Use ("Terms") are a binding agreement between you and the operator of Waka Smart named in section 2 ("Waka Smart", "we", "us" or "our"). They govern your use of the Waka Smart mobile applications, the website at wakasmartai.com, and every related feature, including the Waka AI assistant (together, the "Service").

When you create an account, download the app or use the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Service.

We have written these Terms in plain language, following the Nigerian Communications Commission (Consumer Code of Practice) Regulations 2024. Nothing in these Terms takes away any right you have under Nigerian law, including the Federal Competition and Consumer Protection Act 2018 and the Nigeria Data Protection Act 2023.

2. Who we are

Waka Smart is operated by SpaceBeacon Nigeria Ltd., a company incorporated in Nigeria, and is powered by MTN Nigeria.

"Powered by MTN Nigeria" means that Waka Smart is offered in collaboration with MTN Nigeria. Your mobile line, airtime and data are supplied by your network operator under its own terms. Any charges it makes for data you use with the Service are billed by the operator, not by us.

3. Eligibility

You must be at least 18 years old to create a Waka Smart account. A person under 18 may use the Service only with the consent and supervision of a parent or legal guardian, who accepts these Terms on the young person's behalf.

You must be able to enter into a binding contract under Nigerian law. You must not be barred from using the Service under any applicable law.

4. Your account

Please give accurate information when you register, and keep it up to date. This includes your name, phone number and email address. You may sign in with a supported provider such as Google or Microsoft. That provider's own terms apply to your use of it.

You are responsible for keeping your sign-in details and your device secure, and for activity on your account. The exception is activity caused by our own failure. If you think someone has accessed your account without permission, tell us straight away using the details in section 21.

5. The Service

Waka Smart helps you coordinate your day. It can sync your calendars and tasks and give you real-time traffic and weather. It can plan routes and tell you when to leave. It can also help you find trusted local places, and answer questions through the Waka AI assistant. Business accounts add tools for appointments, reaching customers and insights.

We keep improving the Service, so features may be added, changed or withdrawn. We will not materially reduce the core features of a paid subscription during a period you have already paid for. If we must, we will offer you a pro-rata refund for the unused part.

Some features depend on your device, your network coverage, and on permissions you grant, such as location and notifications. If you turn a permission off, the features that rely on it may stop working. For example, departure alerts need your location.

6. Navigation, AI and your safety

• Do not operate the app while driving. Set up your route before you set off, or ask a passenger to do it. Always obey traffic laws, road signs and the directions of Federal Road Safety Corps and other officials.
• Traffic, weather, travel time and "leave by" information are estimates based on data available to us. Conditions can change quickly. Use your own judgement.
• The Waka AI assistant can make mistakes. Check important information, such as addresses, meeting times and opening hours, before you rely on it. The assistant does not give medical, legal or financial advice.
• Places, offers and businesses shown in the Service are provided by third parties or by the businesses themselves. We try to show only trustworthy listings. However, we do not guarantee their goods or services, and you deal with them at your own discretion.

7. Pricing and billing

The basic Service is free. Some features need a paid subscription. Before you buy, the app shows the full price in Nigerian naira (₦), including any applicable taxes, and how often you will be charged. No other charges will be made without your clear agreement.

Subscriptions are billed through Google Play or the Apple App Store, which process your payment under their own terms. Unless you cancel, a subscription renews automatically at the end of each period, at the price shown when you subscribed. Before renewal we will tell you about any price change, and you can cancel before the new price applies.

If we offer a free trial, the app will show how long it lasts and what you will pay afterwards. You can cancel during the trial and you will not be charged.

The Service uses mobile data. Your network operator may charge for data under your data plan.

8. Cancellation and refunds

You can cancel a subscription at any time in your Google Play or App Store account settings. Cancellation stops future renewals. You keep access until the end of the period you have paid for.

Refunds for app store purchases are handled by Google or Apple under their refund policies. If you were charged in error, charged for something you did not receive, or charged after cancelling on time, contact us. We will help you get a refund, whatever the store's policy says. This does not affect your statutory rights under the Federal Competition and Consumer Protection Act 2018.

9. Acceptable use

When you use the Service, you agree not to:

• break any law, or help anyone else to;
• harass, threaten, defraud or impersonate anyone;
• post false, misleading or unlawful content, including fake reviews or listings;
• send spam or unsolicited messages through the Service;
• access, scrape or copy the Service or its data by automated means, except where we allow it;
• try to disrupt, overload, reverse-engineer or get around the security of the Service;
• use the Service to track or monitor another person without their knowledge and consent.

10. Business accounts

If you use Waka Smart for a business, you confirm that you are authorised to accept these Terms on its behalf. You also confirm that the business information you provide is accurate. You are responsible for your listings, offers, prices and the goods or services you provide. You must honour any offer you publish, and you must follow consumer protection and advertising laws. You must handle your customers' personal data lawfully.

11. Third-party services

The Service connects to services run by others, such as Google Calendar, Microsoft Outlook, mapping and weather providers, and the app stores. Their terms and privacy policies apply when you use them. We are not responsible for how they operate. However, we choose our partners carefully and will help you if a problem affects your use of Waka Smart.

12. Privacy and your data

We process your personal data in line with the Nigeria Data Protection Act 2023 and the guidance of the Nigeria Data Protection Commission. Our Privacy Policy explains:

• what we collect;
• why we collect it, for example to show your schedule, calculate routes and send alerts;
• who we share it with;
• how long we keep it;
• your rights. You can access, correct, delete or move your data, withdraw consent, and object to certain processing.

We do not sell your personal data. We use your precise location only for features you turn on, and you can switch location access off at any time in your device settings. If you are unhappy with how we handle your data, contact us first. You also have the right to complain to the Nigeria Data Protection Commission.

13. Messages and marketing

We send service messages that you need to use Waka Smart, such as departure alerts, reminders and account notices. You can change alert settings in the app.

We send marketing messages only if you have agreed to receive them. Every marketing message tells you how to opt out, and opting out is free. You can also manage promotional SMS on your line through your network's Do-Not-Disturb service by dialling 2442. Our promotions are truthful and clear, and we run them in line with NCC rules on advertising and promotions.

14. Accessibility

We want everyone to be able to use Waka Smart, including older people and persons living with disabilities. The app supports your device's accessibility features, such as screen readers, larger text and voice input. If something is hard to use, or you need information in a different format, tell us and we will help. Our complaint channels are available to everyone, and we will make reasonable adjustments on request.

15. Complaints and escalation

We want to put things right quickly. Making a complaint is always free of charge.

1. Tell us. Use Settings → Help center in the app, or the contact details in section 21. We will give you a complaint reference number.
2. We respond within 96 hours and aim to resolve most complaints within that time. If your complaint needs investigation, we will keep you updated and aim to resolve it within 30 days.
3. Escalate within Waka Smart. If you're not satisfied with our answer, ask us to escalate. A manager will review your complaint.
4. Escalate to the NCC. If your complaint is not resolved to your satisfaction within 30 days, you may refer it to the Nigerian Communications Commission's Consumer Affairs Bureau. You can call the free NCC line on 622 or use the NCC Consumer Portal at consumer.ncc.gov.ng. Have your complaint reference number ready. We will tell you about this option whenever it applies.

You may also contact the Federal Competition and Consumer Protection Commission. For complaints about personal data, you may contact the Nigeria Data Protection Commission. We keep complaint records for at least two years.

16. Intellectual property

The Service is protected by intellectual property laws. This includes its software, design, text, graphics, and the Waka Smart name and logo. Subject to these Terms, we give you a personal, non-exclusive, non-transferable licence to use the app on devices you own or control, for your own use or your business's internal use.

You keep ownership of the content you add, such as events, notes, reviews and business listings. You give us permission to host, process and display it only as needed to run and improve the Service for you.

17. Warranties and liability

We provide the Service with reasonable care and skill. We cannot promise that it will always be available, uninterrupted or error-free. This is especially true where problems are caused by network coverage, third-party services or events outside our reasonable control.

As far as Nigerian law allows, we are not liable for indirect or consequential losses. For example, we are not liable for a missed appointment or opportunity that results from relying on an estimate or suggestion. Nor are we liable for losses caused by your breach of these Terms. For paid features, our total liability to you is limited to the amount you paid us in the 12 months before the claim.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for fraud. Nor does it limit any liability that cannot be limited under Nigerian law, including your rights under the Federal Competition and Consumer Protection Act 2018.

18. Suspension and termination

You can stop using the Service at any time, and you can ask us to delete your account by contacting us (section 21). When you do, we delete or anonymise your personal data as described in our Privacy Policy, except where the law requires us to keep it.

We may suspend or close your account if you seriously or repeatedly break these Terms, if the law requires us to, or to protect other users or the Service. Unless the law or safety prevents it, we will tell you why and give you a chance to respond. If we close a paid account without good reason, we will refund the unused part of your subscription.

19. Changes to these Terms

We may update these Terms when the Service or the law changes. We will give you at least 30 days' notice of any material change, in the app or by email, before it takes effect. The "Effective" date at the top of this page always shows the latest version. If you do not accept a change, you can cancel and close your account before it takes effect. If you have paid for a period you haven't used, we will refund that unused part.

20. Governing law and disputes

These Terms are governed by the laws of the Federal Republic of Nigeria.

If a dispute arises, please use the complaint process in section 15 first. If it is still not resolved, either of us may refer it to mediation. If mediation fails, it may be settled by arbitration in Lagos under the Arbitration and Mediation Act 2023. This is without affecting your right to escalate a complaint to the NCC, the FCCPC or the NDPC, or to bring a claim in a Nigerian court where the law allows.

21. Contact us

For questions, complaints or requests about these Terms or your data, contact us:

• In the app: Settings → Help center
• Email: support@spacebeacon.com
• Phone: 0706 963 6098
• Company: SpaceBeacon Nigeria Ltd., powered by MTN Nigeria