Moya respects you and your privacy. Nothing you share on Moya including your messages and account information, will be shared into any of our other family of apps for others to see, and nothing you post on those apps will be shared on Moya for others to see.
Your messages remain private at all times, we can’t read them.
We’ve built privacy, end-to-end encryption, and other security features into Moya. We don’t store your messages once they’ve been delivered. When they are end-to-end encrypted, we and third parties can’t read them.
We do not allow third party banner ads or other forms of unsolicited advertising in Moya.
We will explore ways for businesses and other organisations such as community groups, public services, celebrities, brands etc. to communicate with you using Moya strictly on an opt-in basis. You will have options to manage these communications and we will honour the choices you make. We do not want you to suffer the inconvenience of unsolicited or spam communication.
When you download #Datafree Moya Messenger you agree to our Terms of Service.
Moya Terms of Service
Last modified: 24 July, 2020
Moya Messenger is a text messaging app that uses reverse-billing technology to deliver a #datafree service to subscribers on supported mobile networks.
Free to download and use, Moya developers are continually creating new ways for you and business communities to communicate with each other.
The Moya app developed by biNu Africa (Pty) Ltd provides a global text messaging service. By installing, accessing or using the Moya app, services, features, software, and website you are agreeing to our Terms of Service.
About Our Services
Registration. On registration to the Moya app service, you are required to provide us with the correct data of your current mobile phone number. You agree to receive messages and phone calls (from us or our third-party providers) with codes to register for our services.
Address Book. You grant us the right to access the phone numbers of Moya users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorised to provide Moya with such numbers to allow us to provide our Services.
Age. You must be at least 13 years old to use our Services. If you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically generated updates.
Fees and Taxes. There are no fees or taxes associated with using Moya. You are responsible for all carrier data plan and other fees and taxes associated with your use of our services.
Acceptable Use of Moya Services
Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Moya, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like; or (f) involve any non-personal use of our Services unless otherwise authorised by us.
Harm to Moya or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorised access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorised or automated means; (f) collect the information of or about our users in any impermissible or unauthorised manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device and your Moya account safe and secure, and you must notify us promptly of any unauthorised use or security breach of your account or our Services.
Third-party services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Moya contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Your Rights. Moya does not claim ownership of the information that you submit for your Moya account or through our Services. You must have the necessary rights to such information that you submit for your Moya account or through our Services and the right to grant the rights and licenses in our Terms.
Moya’s Rights. Moya owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.
Moya’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “MOYA PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER SOUTH AFRICAN CIVIL CODE SECTION 1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Limitation of liability
THE MOYA PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE MOYA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE MOYA PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Moya Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Claim.
The laws of the Republic of South Africa govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Moya and you, without regard to conflict of law provisions.
Availability and Termination of Our Services
Availability of our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Moya: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Other”.
- Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Moya and our Services and supersede any prior agreements.
- We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
- Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
- You will comply with all applicable South African export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on South Africa or non-South Africa government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorisations. You will not use or download our Services if you are located in a restricted country, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
- Our Terms are written in English (U.K.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
- Any amendment to or waiver of our Terms requires our express consent.
- We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
- All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
- You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
- Nothing in our Terms will prevent us from complying with the law.
- Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
- If we fail to enforce any of our Terms, it will not be considered a waiver.
- If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
- We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
- We always appreciate your feedback or other suggestions about Moya and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Last modified: 24 July, 2020
Information We Collect
Moya receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.
Information You Provide
- Account Information. When creating your Account on Moya Messenger you provide us with your mobile phone number to create the account. You also provide us with the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts. You confirm you are authorised to provide us such numbers. You may also add other information to your account, such as a profile name, profile picture, and status message.
- Your Messages. We do not keep your messages when providing our Services to you. Once your messages are delivered, they are deleted from our servers. Your messages are stored on your own device. We offer end-to-end encryption for our Services, which is on by default, when you and the people with whom you message use a version of our app released after June 25, 2018. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them.
- Your Connections. To help you organise how you communicate with others, we may create a favourites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.
- Customer Support. You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.
Information We Collect
- Usage and Log Information. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, and how you interact with others using our Services), log files, and diagnostic, crash, website, and performance logs and reports.
- Device and Connection Information. We collect anonymous device-specific information when you install, access, or use our Services. This includes information such as operating system, date & time, browser information, IP address, latitude, longitude, accuracy (GPS), SSID (network), BSSID (network), internal MAC address (network), bundle ID, device model, Device Manufacturer, Carrier Code, Carrier Name, SIM Code, Country, and Locale.
- Status Information. We collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message.
We receive information about you that other people provide us with, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you.
We work with third-party providers to help us operate, provide, improve, understand, customise, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, which help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
How We Use Information
We use all the information we receive to help us operate, provide, improve, understand, customise, support, and market our Services.
- Safety and Security. We verify accounts and activity and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
- Communications About Our Services. We communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services and those of biNu, under which Moya operates.
- No Third-Party Banner Ads. We do not allow third-party banner ads on Moya.
- Commercial Messaging. We will explore ways for businesses and other organisations such as community groups, public services, celebrities, brands etc. to communicate with you using Moya strictly on an opt-in basis. You will have options to manage these communications and we will honour the choices you make. We do not want you to suffer the inconvenience of unsolicited or spam communication.
You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customise, support, and market our Services.
- Send Your Information To Those You Choose To Communicate With. You share your information (including messages) as you use and communicate through our Services.
- Account Information. Your phone number, profile name and photo, online status and status message, last seen status, and receipts may be available to anyone who uses our Services, although you can configure your Services settings to manage certain information available to other users.
- Your Contacts and Others. Users with whom you communicate may store or reshare your information (including your phone number or messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share.
- Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customise, support, and market our Services. We also may share anonymous information with third-parties for their business purposes, including the creation of reports, market research and trend analysis. When we share information with third-party providers, we require them to use your information in agreement with our instructions and terms or with express permission from you. One of the third parties we share anonymous with is is Huq – the data shared does not contain information from which users can be identified and we will not provide additional information to that could be used to identify you. You can find a full description of Huq and what it does with the information collected via Moya here.
- Third-Party Services. When you use third-party services that are integrated with our Services, they may receive information about what you share with them. For example, if you use a data backup service integrated with our Services (such as iCloud or Google Drive), they will receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
- Affiliated Companies. As part of the biNu family of companies, Moya Messenger receives information from, and shares information with, this family of companies. We may use the information we receive from them, and they may use the information we share with them, to help operate, provide, improve, understand, customise, support, and market our Services and their offerings. This includes helping improve infrastructure and delivery systems, understanding how our Services or theirs are used, securing systems, and fighting spam, abuse, or infringement activities.
Assignment, Change Of Control, and Transfer
Managing Your Information
If you wish to manage, change, limit, or delete your information, you can do so through the following tools:
- Services Settings. You can change your Services settings to manage certain information available to other users. You can manage your contacts, groups, and broadcast lists, or use our block feature to manage the users with whom you communicate.
- Changing Your Mobile Phone Number, Profile Name and Picture, and Status Message. You must change your mobile phone number using our in-app change number feature and transfer your account to your new mobile phone number. You can also change your profile name, profile picture, and status message at any time.
- Deleting Your Moya Account. You may delete your Moya account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your Moya account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be aware that should you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.
Law and Protection
We may collect, use, preserve, and share your information if we have a good-standing belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, Moya, the biNu family of companies, or others.
Our Global Operations
Updates to Our Policy
biNu Africa (Pty) Ltd
Floor 5, Woodstock Exchange
66 Albert Road
Cape Town 7915
Moya adheres to the Privacy Shield Principles for the following areas of our business (collectively the “Partner Services”):
- Moya Business Products: Moya creates apps, services, features, APIs, software, or website that enable businesses to interact with users of Moya products and services (“Business Products”). Partners (the data controllers) may submit personal information about their customers to Moya using Moya’s Business Products. While Partners decide what information to submit, it typically includes items such as customer phone numbers and other information under the Partner’s control. For more information, customers may contact the relevant Partner. Moya uses the personal data provided by Partners to provide Business Products in accordance with the terms applicable to the relevant Business Product and otherwise with the Partners’ instructions. Moya works with its Partners to ensure that individuals are offered appropriate choices in accordance with the Privacy Shield Principles.
- Access. Within the scope of our authorisation to do so, and in accordance with our commitments under Privacy Shield, Moya will work with its Partners to provide individuals access to personal data about them that Moya holds on behalf of its Partners. Moya will also take reasonable steps to enable individuals, either directly or in connection with the Partners, to correct, amend, or delete personal data that is demonstrated to be inaccurate.
- Third Parties. Moya may transfer data within the biNu field of companies and to third parties, including service providers and other partners. In accordance with the Privacy Shield Principles, Moya is liable for any processing of personal data by such third parties that is inconsistent with the Privacy Shield Principles unless Moya was not responsible for the event giving rise to any alleged damage.
- Enforcement. Moya’s compliance with the Privacy Shield Principles is subject to the investigatory and enforcement powers of the South African Government.
Intellectual Property Policy: Your Copyrights and Trademarks
Moya. (“Moya,” “our,” “we,” or “us”) is committed to helping people and organisations protect their intellectual property rights. Our users agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). Our Terms do not allow our users to violate someone else’s intellectual property rights when using our Services, including their copyrights and trademarks.
To report copyright infringement and request that Moya remove any infringing content it is hosting (such as a Moya user’s profile picture, profile name, or status message), please email a completed copyright infringement claim to firstname.lastname@example.org (including all the information listed below).
Before you report a claim of copyright infringement, you may want to send a message to the relevant Moya user you believe may be infringing your copyright. You may be able to resolve the issue without contacting Moya.
To report trademark infringement and request that Moya remove any infringing content it is hosting, please email a complete trademark infringement claim to email@example.com (including all the information listed below).
Before you report a claim of trademark infringement, you may want to send a message to the relevant Moya user you believe may be infringing your trademark. You may be able to resolve the issue without contacting Moya.
What to include in your copyright or trademark infringement claim to Moya
Please include all of the following information when reporting a copyright or trademark infringement claim to Moya:
- Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organisation or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached.
- A description of the copyrighted work or trademark that you claim has been infringed.
- A description of the content hosted on our Services that you claim infringes your copyright or trademark.
- Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.
- A declaration that:
- You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorised by the copyright or trademark owner, its agent, or the law;
- The information in your claim is accurate; and
- You declare, under penalty of perjury, that you are the owner or authorised to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
- Your electronic signature or physical signature.
A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.
- to provide Moya for web and desktop and other Services that are web-based, improve your experiences, understand how our Services are being used, and customise our Services;
- to understand which of our FAQs are most popular and to show you relevant content related to our Services;
- to remember your choices, such as your language preferences, and otherwise to customise our Services for you; and
- to rank the FAQs on our website based on popularity, understand mobile versus desktop users of our web-based Services, or understand popularity and effectiveness of certain of our web pages.
How to control cookies
You can follow the instructions provided by your browser or device (usually located under “Settings” or “Preferences”) to modify your cookie settings. Please note that if you set your browser or device to disable cookies, certain of our Services may not function properly.