Terms of Service

These Terms of Service form a binding agreement between you and ToAba, a product of PKay Software Consultancy. “ToAba,” “we,” “us,” and “our” refer to the operator of the ToAba platform. “You” refers to the person using the service and, where that person acts for an organization, the organization they represent.

By creating an account, joining an organization, publishing an event, voting, initiating a payment, or otherwise using ToAba, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the service.

You must be at least 18 years old to create an organization account or legally capable of entering this agreement under applicable law. If you use ToAba for an organization, you confirm that you have authority to act for and bind that organization.

Young people may participate in eligible events only with any permission required by law, the event organizer, their parent or guardian, their school, or the payment account holder. ToAba may refuse or limit access where eligibility or authority cannot be verified.

ToAba is a paid live audience-voting platform for awards, pageants, competitions, schools, churches, reality shows, fan events, and other organizer-led experiences. Voting is available through the public website and, where enabled, Arkesel USSD. Paystack handles payment processing.

ToAba is not a statutory, governmental, political, shareholder, union, or other one-person-one-vote election system. A voter may buy any positive number of votes they can afford, subject to event and service limits. Results therefore measure paid audience support under the organizer's published rules; they must not be represented as a public election or as proof of population-wide opinion.

• Provide complete, accurate, and current account and organization information, and keep it updated.
• Protect passwords, email accounts, devices, recovery methods, and sessions. Do not share personal login credentials.
• Organization Owners control sensitive organization settings and team access. Managers receive the permissions shown in the service and may not bypass Owner-only controls.
• Invitations may be used only by the intended recipient. You are responsible for activity performed through accounts and team access you authorize.
• Notify us promptly at hello@toaba.com if you suspect compromise, unauthorized access, or misuse.

Each organizer is responsible for:

• the legality, accuracy, fairness, eligibility rules, prizes, schedules, disclosures, and administration of its event;
• publishing clear rules, vote price, voting window, result visibility, refund position, and any material conditions before voting opens;
• obtaining rights and permissions for names, images, biographies, trademarks, music, artwork, sponsors, and other uploaded content;
• obtaining appropriate consent for minors and complying with safeguarding requirements where an event involves young people;
• accurately describing ToAba as paid audience voting and not implying that it is a statutory or one-person-one-vote election;
• responding to participant questions, prize claims, event-specific complaints, and lawful privacy requests; and
• paying taxes, levies, prizes, contractors, and other obligations arising from the event or organizer share.

ToAba provides technology and transaction records; it does not select candidates, guarantee prizes, adjudicate the merits of a competition, or assume the organizer's legal obligations.

• Review the event, candidate, vote quantity, price, total amount, and organizer rules before confirming payment.
• Use only a payment method you are authorized to use and provide accurate information required to complete or trace the transaction.
• Keep payment and USSD prompts confidential. Never disclose a mobile-money PIN, card PIN, password, or one-time code to an organizer or ToAba support.
• Do not manipulate sessions, automate unauthorized purchases, exploit errors, use stolen payment instruments, or interfere with another person's participation.
• Retain the transaction reference and promptly report a mismatch, duplicate charge, or missing vote credit.

Vote prices are set for each event and shown before payment. The total depends on the selected candidate, quantity, and event price. Prices are ordinarily displayed in Ghana cedis (GHS/GH₵). Your bank, mobile network, or payment provider may apply separate charges under its own terms.

Paystack processes payment authentication and confirmation. A payment initiation is not proof that payment succeeded. ToAba credits votes only after receiving and validating a successful provider confirmation. You authorize the transaction details needed to be shared among ToAba, Paystack, participating financial institutions, the organizer, and other parties required to process or reconcile the payment.

A valid paid order is intended to be credited exactly once. A successful order adds the purchased quantity to the selected candidate. Failed, abandoned, expired, reversed, fraudulent, or unverified payments do not create valid votes.

Live totals may update with a short delay because of payment-provider, carrier, network, or system processing. ToAba's reconciled transaction and vote-credit records govern if a temporary display, cache, stream, receipt, or preliminary total conflicts with the final verified record, subject to correction of a proven error.

Once an event opens, ToAba may lock vote price and candidate codes to preserve transactional consistency. Candidates with credited votes may be deactivated rather than deleted.

USSD availability depends on Arkesel, mobile network operators, handset access, session timeouts, network coverage, and carrier policies. A menu selection or interrupted session does not by itself confirm payment or vote crediting. Follow the final payment status and retain any reference provided.

Carrier session or communication charges may apply independently of the vote amount. ToAba is not responsible for a carrier charge imposed under a mobile subscriber agreement.

Organizations may be required to pay the onboarding fee shown at registration. ToAba may retain a disclosed, configurable platform deduction from successfully paid vote orders. The organizer share, platform deduction, gateway treatment, and transaction amount are recorded for reporting and settlement purposes.

Settlement requires accurate, verified account information and may be subject to Paystack requirements, provider timelines, reserves, reversals, disputes, compliance review, taxes, or lawful holds. Organizers must not provide an account they do not control or have authority to use. A displayed balance or report is not a bank statement or an unconditional promise of immediate settlement.

Because a confirmed payment can immediately affect a live result, credited vote purchases are generally final unless a refund is required by law, approved under the organizer's published policy, or issued to correct a duplicate charge, processing error, unauthorized transaction, cancelled event, or other exceptional circumstance.

Refund requests should identify the event and payment reference and may require verification. Approval is not guaranteed. Provider fees may be non-refundable to the extent permitted by law. A chargeback, reversal, or refund may reduce organizer settlement, alter financial reports, and, where technically and fairly possible, reverse the associated vote credit. We may preserve audit records of the original transaction and subsequent adjustment.

You must not use ToAba to:

• break a law, regulation, court order, provider rule, or another person's rights;
• run a deceptive, rigged, unlawful, discriminatory, exploitative, or unauthorized event;
• impersonate another person, misrepresent authority, falsify candidates or results, conceal paid-voting mechanics, or make false claims about ToAba;
• commit payment fraud, money laundering, sanctions evasion, chargeback abuse, unauthorized fundraising, or other financial misconduct;
• upload unlawful, infringing, defamatory, threatening, hateful, sexually exploitative, malicious, or privacy-invasive content;
• scrape protected information, probe vulnerabilities, bypass access controls, reverse engineer restricted components, distribute malware, overload systems, or interfere with service operation;
• create fake traffic, automate abuse, reuse a payment confirmation, manipulate vote-crediting, or exploit an error instead of reporting it; or
• use ToAba for a statutory or public election without a separate written agreement and verified compliance scope expressly allowing that use.

You retain ownership of content you lawfully submit. You grant ToAba a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, format, display, transmit, and otherwise use that content only as reasonably necessary to provide, secure, promote within the event, and improve the service. This licence ends when the content is deleted, except for backups, records, legal retention, and content already lawfully shared.

You represent that you have all rights and permissions needed for submitted content and that our permitted use will not violate another person's rights. ToAba, its software, design, brand, documentation, reports, and underlying technology are owned by PKay Software Consultancy or its licensors. No rights are granted except the limited right to use the service under these Terms.

ToAba relies on services including Paystack, Arkesel, mobile network operators, financial institutions, hosting, storage, and email providers. Their separate terms and privacy notices may apply to your interaction with them. We do not control their networks, eligibility decisions, authentication, fees, outages, reversals, or independent data practices, but we will use reasonable efforts to integrate and support those services responsibly.

We aim to provide a dependable service, but ToAba may be unavailable because of maintenance, updates, security events, internet or power failures, provider outages, capacity constraints, or circumstances beyond our reasonable control. We may change, add, limit, or retire features and may set reasonable usage, transaction, or event limits.

Features described as preview, beta, demo, or experimental may be incomplete, change without notice, and should not be relied on for irreversible decisions. We will use reasonable efforts to give notice when a material change significantly affects active paid use.

You may stop using ToAba at any time, subject to outstanding payments, active events, disputes, and retention obligations. We may restrict, suspend, or terminate an account, organization, event, vote flow, or settlement where reasonably necessary to address a Terms violation, suspected fraud, security risk, unlawful activity, provider requirement, non-payment, inaccurate verification information, legal request, or risk to users or the service.

Where practical and lawful, we will provide notice and an opportunity to remedy the issue. Immediate action may be taken when delay could cause harm. Provisions concerning payments, records, intellectual property, disclaimers, liability, disputes, and other terms that by their nature should survive will continue after termination.

To the maximum extent permitted by law, ToAba is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted or error-free operation, a minimum number of participants, event revenue, candidate outcome, prize delivery, organizer conduct, provider availability, or that every device or mobile network will support every feature.

ToAba does not provide legal, tax, accounting, financial, electoral, or gambling advice. Organizers should obtain professional advice about event rules, promotions, prizes, taxes, minors, fundraising, gaming, and regulatory requirements relevant to their activity.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for fraud or other responsibility that applicable law makes non-excludable.

To the maximum extent permitted by law, ToAba and PKay Software Consultancy will not be liable for indirect, incidental, special, punitive, exemplary, or consequential loss; loss of profit, goodwill, opportunity, anticipated revenue, or data; organizer prizes or commitments; or losses caused by third-party networks and services, except to the extent directly caused by our breach and not lawfully excludable.

To the maximum extent permitted by law, our aggregate liability arising from the service or these Terms will not exceed the greater of the amount you paid directly to ToAba during the six months before the event giving rise to the claim or GHS 500. This limitation applies in aggregate and reflects the allocation of risk, but does not reduce any mandatory consumer right.

To the maximum extent permitted by law, an organization agrees to defend, indemnify, and hold harmless ToAba and PKay Software Consultancy from third-party claims, losses, liabilities, and reasonable costs arising from the organization's event, prizes, content, candidates, instructions, misuse of personal information, violation of law, breach of these Terms, or infringement of another person's rights, except to the extent caused by our own breach, negligence, or unlawful conduct.

These Terms are governed by the laws of the Republic of Ghana, without regard to conflict-of-laws principles. Before filing a formal claim, you and ToAba agree to make a good-faith effort for at least 30 days to resolve the dispute by written notice describing the issue and desired resolution.

If the dispute is not resolved, the courts of competent jurisdiction in Ghana will have jurisdiction, unless mandatory consumer law gives you the right to bring a claim elsewhere. Either party may seek urgent protective or injunctive relief where appropriate.

These Terms and incorporated policies are the entire agreement about the service unless a separate written agreement applies. If a provision is unenforceable, it will be limited or replaced only as necessary, and the remainder will continue. A delay in enforcement is not a waiver. You may not transfer this agreement without our written consent; we may transfer it as part of a reorganization, financing, merger, acquisition, or sale of the service.

We may send notices electronically to the account email, through the dashboard, or by publishing them on the service. Headings are for convenience and do not change meaning.

We may update these Terms to reflect service, provider, security, business, or legal changes. We will post the revised Terms and update the date above. When a material change requires additional notice or consent, we will provide it. Continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law.

Questions, complaints, transaction issues, and legal notices may be sent to hello@toaba.com. Include an event name and payment reference where relevant, but never include a password, PIN, or one-time verification code.