These Terms of Service ("Terms") govern your access to and use of our services, including our various websites, email notifications, and applications, (our "Services" or “Ayocer”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our platform (collectively referred to as "Content"). Your access to and use of our services are conditioned on your acceptance of and compliance with these terms. By accessing or using our services you agree to be bound by these terms.
1. Basic Terms
You are responsible for your use of our services, for any content you post on or through our website, and for any consequences thereof. The content you submit, post, or display will be viewable by other users of our services and through third party services and websites (go to the account settings page to control who sees your content). You should only provide content that you are comfortable sharing with others under these Terms.
You may use our services only if you can form a binding contract with Ayocer and are not a person barred from receiving services under the laws of Nigeria or other applicable jurisdiction. If you are accepting these Terms and using our services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use our services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Our services that Ayocer provides are always evolving and the form and nature of our services may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing any or all of our services (or any features within the services we offer) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
You are responsible for safeguarding the password that you use to access our services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Ayocer cannot and will not be liable for any loss or damage arising from your failure to use secure passwords or your inability to protect your password from third-party.
4. Content on our Website
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted on or through our website or any of its services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted on or through our website is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on or through our website or endorse any opinions expressed through our services. You understand that by using our website, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Ayocer be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through our website. By submitting, posting or displaying Content on or through our website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Tip: This license is you authorizing us to make your posts available to the rest of the world and to let others do the same.
You agree that this license includes the right for Ayocer to provide, promote, and improve its services and to make Content submitted to or through the website available to other companies, organizations or individuals who partner with Ayocer for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Tip: Ayocer has an evolving set of rules for how ecosystem partners can interact with your Content. These rules exist to enable an open ecosystem with your rights in mind. But what’s yours is yours – you own your Content (and your photos and videos are part of that Content).
Such additional uses by Ayocer, or other companies, organizations or individuals who partner with Ayocer, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through our services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of our services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Ayocer will not be responsible or liable for any use of your Content by Ayocer in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use our Services
Ayocer gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Ayocer as part of our services. This license is for the sole purpose of enabling you to use and enjoy the benefit of our services as provided by Ayocer, in the manner permitted by these Terms.
7. Ayocer Rights
All right, title, and interest in and to our services (excluding Content provided by users) are and will remain the exclusive property of Ayocer and its licensors. The Services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. Nothing in the Terms gives you a right to use the Ayocer name or any of the Ayocer trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Ayocer, or our services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of our Services
Please review the Ayocer Acceptable Use Policy (which are part of these Terms) to better understand what is prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content on our services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Ayocer, its users and the public.
You may not do any of the following while accessing or using our services: (i) access, tamper with, or use non-public areas of our services, Ayocer’s computer systems, or the technical delivery systems of Ayocer’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search our services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Ayocer (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Ayocer (NOTE: crawling our platform website is permissible if done in accordance with the provisions of the robots.txt file, however, scraping our platform website without the prior consent of Ayocer is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing our services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on our services.
9. Copyright Policy
Ayocer respects the intellectual property rights of others and expects users of our services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Ayocer will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on our platform is: firstname.lastname@example.org
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Ayocer as follows.
You may end your legal agreement with Ayocer at any time for any reason by deactivating your accounts and discontinuing your use and access of our services. You do not need to specifically inform Ayocer when you stop using our services. If you stop using our services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of our services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Ayocer Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of our services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use our services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 13, and 14.
Nothing in this section shall affect Ayocer’s rights to change, limit or stop the provision of our services without prior notice, as provided above in section 1.
11. Ayocer LinkEx (CDS) (Link exchange content discovery service)
LinkEx is a premium link exchange service created to help web publishers on Ayocer reach more audience in their niche and boost traffic to their website. By using the Ayocer LinkEx service, you legally agree that Ayocer does not own or have any control over the websites or the website pages promoted through the Ayocer LinkEx service. And by using the Ayocer LinkEx service, you agree that we may display content (i.e promoted pages) to your users via the LinkEx slot implemented on your website.
Web pages and links are not checked for consitency before publishing so as not to disturb the process when users are trying to promote their links through the Ayocer LinkEx program. However, if you have reason to believe that any promoted pages or links through the LinkEx platform violate the provisions of these terms or of our acceptable use policy, please click on the report link available on the promoted link appearing on your website. You also have the option of blacklisting links from certain website and domains from showing up in your slot.
We reserve the right to block access to the LinkEx service to any user for any reason we see fit at our own sole discretion.
Ayocer wallet is a system that enables users on the platform to perfom monetary transactions such as: collect, hold, transfer, send, and withdraw money. With wallet, users can receive monetary gifts from fans and followers on the posts they shared on the platform. Users can also collect split payment from the wallet activation charge of the people they referred to Ayocer.
At Ayocer, we not only intend to build tools that helps people connect and socialize, we also aim to assist users grow financially with our social earning infrastructure.
We believe social networks shouldn't only be for socializing, but also used as a tool to help reduce global unemployment rate and aleviate poverty.
To support our motive, every user that signs up on Ayocer is given a free wallet as part of their registration process.
Prior to using the Ayocer wallet, user must aknowledge that they understand and agree to be bound by all the provisions in these agreement including the following:
- You must be at least 13 years old to use the Ayocer Wallet. In some countries the minimum required age to agree to or operate finacial instruments may be higher than the above stipulated age, in such case you agree to comply to such laws.
- Ayocer wallet is not a bank or a payment system. It's simply a wallet system that enables monetary transactions within the platform only.
- Wallet may require monthly activation in order to use or access some of the services we offer.
- We do not offer refunds of any kind, either for activation or wallet top-up.
- Wallet is assigned to all user accounts on Ayocer, however, no user is obligated to use the wallet. If a user decides not to use wallet they can still use the the other parts of the software as provided to them.
- The amount paid by any subscriber is split and distributed accordingly among an activating user uplines. However, in a case whereby a user does not have a valid referrer ( whether signed up without a referrer or some or all of the user's referrer could not be paid because their wallet is inactive at the time of the activation or because their account is not in good standing ) Ayocer will take such money in overflow and is not liable to pay neither the subscribing user nor the referrers if in case they later subscribed or recovered their account after the activation period has passed.
- We reserve the right to remove, change, or update the features and functionalities offered to a particular wallet package even when some users may be currently subscribed to such package and we can do so with or without prior notice to any user.
- At every level a stipulated percentage of payment is promised to referrers from refferee wallet activation fee, however, this contract is voided in the event that a referrer is subscribed to a lower wallet package than the wallet package a refferee subscribes to. For example, assuming a referrer is currently subscribed to Premium costing $50, then a refferee on the direct line of the referrer subscribes while referrer wallet is active, but to a higher wallet package Apex costing $100. In this case, the referrer receives USD $20 as split payment as capped by his currently active wallet package instead of USD $40.
- We reserve the right to change, modify, or update users' wallet credit balance as we dim appropriate.
- When you make a withdrawal request, it may take us up to 48 hours to review and send the payment to the appropriate payment gateway as indicated on your withdrawal page. However, it may take longer for the funds to appear in your account depending on the payment gateway used.
- We charge a 5% processing fee for withdrawal into Paypal and 7% processing fee for withdrawal into Skrill. Additional charges may be applied by the payment gateway used to collect your withdrawn funds.
- We charge a 6% processing fee on topup. This fee is used to cover transaction charges by our payment processor.
- We have the right to reject any withdrawal request at any time and for any reason we see fit. However when this happens we will make an effort to contact you so as to help rectify the issue.
- If we reject your withdrawal the money is refunded to your wallet in full and the refund is reflected in your wallet statement.
- We may demand further information on your account in order to transfer the withdrawn funds to the provided or available payment gateway.
- Each wallet packages has it's limits and the limits includes but not limited to: how often a user can make a withdrawal, how fast withdrawal is processed, the maximum amount a user can send or transfer at a go, the maximum amount of money a user can receive at a go, the total number of transfers you can receive, and the total number of transfers you can send. For example, Apex wallet can recieve up to USD $2500 in transfer at a go, while starter wallet can only receive USD $150 at a go.
- Wallet package automatically expires after 30 days of subscription. The user will have the option to subscribe again to the same wallet package or another wallet package of choice.
- You can transfer money to people registered and unregistered on the site by generating a money token and sending the link to the intended user or use it for a contest.
- You are completely responsible for how you accrue and manage the funds in your wallet.
- If your account is terminated either by you or us, all the funds in your wallet will also be automatically erased. If you no longer which to maintain an account on Ayocer, we advise that you first withdraw the funds into any of the payment gateway that we support for withdrawal.
13. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Ayocer and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Ayocer Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
Your access to and use of our services or any content are at your own risk. You understand and agree that our services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE AYOCER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Ayocer Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our platform; and (iv) whether our services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Ayocer Entities or through our services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Ayocer Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Ayocer Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AYOCER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AYOCER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID AYOCER, IF ANY, IN THE PAST THREE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE AYOCER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14. General Terms
A. Waiver and Severability
The failure of Ayocer to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Nigeria without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with our services will be brought solely in the federal or state courts located in Nigeria, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at ayocer.com/tos. If the revision, in our sole discretion, is material we will notify you via @ayocer update or e-mail to the email associated with your account. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Revised: August 13, 2020