Terms of Use

These Terms of Use govern your access to and use of Alvinn’s websites, applications, profiles, creator Arena, storefronts, checkout, payment links, customer libraries and related services (collectively, the “Platform”). The Platform is operated by Alvinn Tech Limited (“Alvinn”, “we”, “us” or “our”), a company duly registered under the laws of the Federal Republic of Nigeria.

By creating an account, accessing or using the Platform, obtaining content, making a payment, accepting a collaboration invitation or otherwise using any part of the Platform, you agree to be bound by these Terms, our Privacy Policy and our Cookie Policy, together with any additional terms applicable to specific Platform features.

If you do not agree to these Terms, you should not access or use the Platform.

These Terms constitute a binding agreement between you and Alvinn in relation to your use of the Platform.

You must provide accurate and complete information when creating an account and keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for activities carried out through your account. You must be at least 18 years old to create an account personally. A person under the age of 18 years old may only use the Platform through an account managed by a parent or legal guardian where such use is permitted by applicable law and the parent or legal guardian accepts responsibility for that use.

Accounts may be grouped as Creator, Explorer or Brand profiles. These labels are intended to help us tailor current and future Platform experiences and do not, by themselves, guarantee access to particular features, opportunities or commercial benefits.

We may refuse, suspend or restrict an account where we reasonably believe that the information provided is inaccurate, the account is being misused, or these Terms or applicable law have been breached.

Alvinn uses e-mail-based authentication. We may send a one-time verification code (“OTP”) to your email address to create an account, sign in, confirm access to a customer library or approve certain actions.

You agree to:

• provide accurate and reasonably current information;
• keep your email account and any OTP secure and confidential;
• not share an OTP or knowingly allow another person to access or use your account without authority;
• notify us promptly if you suspect unauthorised access to or misuse of your account; and
• accept responsibility for activity carried out through your account, except to the extent caused by Alvinn’s breach of an applicable legal duty.

You agree to use the Platform only for lawful purposes and in accordance with these Terms.

You must not:

• use the Platform for fraudulent, unlawful or misleading purposes;
• impersonate another person or organisation or misrepresent your identity, affiliation or authority;
• provide materially false or misleading information;
• access or attempt to access another person’s account without authorisation;
• interfere with the operation, security or integrity of the Platform;
• introduce malware, viruses or other harmful code;
• attempt to gain unauthorised access to our systems or other Users’ information;
• scrape, copy or systematically collect information from the Platform without our permission;
• use the Platform to send unsolicited or abusive communications;
• upload content that infringes another person’s intellectual property, privacy or other legal rights; or
• use the Platform in a manner that could damage the Company, the Platform or other Users.

“Creator Content” means product files, titles, descriptions, media, profile content, links, Spotlight content and other materials submitted, uploaded, published or otherwise made available through the Platform.

You are responsible for the Creator Content you submit and represent that you own or have obtained all rights, licences, permissions and consents necessary to upload, publish, sell, share or otherwise use that content through the Platform.

You must not submit, publish, sell, promote or distribute Creator Content that:

• is unlawful, fraudulent, defamatory or misleading;
• infringes copyright, trademark, privacy, publicity or other rights;
• contains another person’s personal information without appropriate authority;
• contains malicious software or harmful code designed to compromise the security or operation of the Platform or another person’s systems;
• is sexually explicit or exploits, endangers or targets children; or
• violates any applicable law or these Terms.

You remain responsible for the accuracy, legality and suitability of your Creator Content and for any product, service, event or other offering made available through the Platform.

Alvinn is currently made available as a public beta. This means that some features of the Platform may still be under development and may be modified, improved, limited, suspended or discontinued as we develop the Platform. During the beta period, the Platform may contain errors or technical limitations, and certain features may not always be available or operate as intended. Features referred to in prototypes, development materials, plans or earlier communications are not necessarily available on the live Platform.

We may introduce new features or change existing features from time to time. Where a change materially affects an active paid service or accrued creator earnings, we will take reasonable steps to notify affected users.

“Storefront” means the public-facing page associated with a Creator’s Alvinn account through which the Creator may display their profile, products, links, collaborations and other information and offerings made available through the Platform. Users may create profiles and, where available, public storefronts using an available username.

Depending on the user’s settings and the features available, a public profile may display information such as profile name; username; profile photograph; biography; links; products; collaborators; and other information the user chooses to make publicly available.

Alvinn does not currently provide broad directory-style browsing of every profile. A creator may, however, be found by profile name or username when another user searches for an account or seeks to invite a creator to a collaboration.

You are responsible for ensuring that information you publish on your profile or storefront is accurate, lawful and does not infringe another person’s rights.

By submitting Creator Content to the Platform, you grant Alvinn a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, format, transmit and otherwise use that Creator Content only to the extent reasonably necessary to: operate and secure the Platform; provide the services you request; promote and display the Platform and relevant Creator Content; and maintain, develop and improve the Platform.

This licence does not transfer ownership of your Creator Content to Alvinn.

Where you choose to make content publicly available through your profile, storefront or other Platform feature, you acknowledge that other users may be able to view, access, share or interact with that content subject to the relevant Platform functionality and applicable law.

The Platform and all related logos, original content, features, software, designs, graphics, logos, trademarks and other materials provided by us are owned by or licensed to Alvinn and are protected by applicable intellectual property laws. Except as expressly permitted by us or applicable law, you may not reproduce, modify, distribute, sell, licence, create derivative works from or commercially exploit our intellectual property. Alvinn prohibits use of any of its intellectual property as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any of Alvinn’s intellectual property, or whether any mark or logo is Alvinn’s trademark, should be referred to Alvinn.

Your use of the Platform does not grant you ownership of any intellectual property belonging to the Company.

Creators may offer paid or free digital products through the Platform. A customer may obtain a digital product without creating a full Alvinn profile. Where applicable, Alvinn may create a customer Library associated with the email address provided at checkout. A customer may access the Library using an email OTP. If a customer subsequently creates an Alvinn account using the same email address, eligible Library items may become available through the customer’s internal Library.

Creators are responsible for accurately describing their products and providing functioning and lawful files or content. Depending on the creator’s settings, a product may be downloadable or available for online viewing only. A customer who has lawfully obtained a product may retain access to the relevant Library item if the creator subsequently unpublishes or deletes the product or closes the creator account. However, Alvinn does not guarantee permanent or uninterrupted access. We may remove or restrict access where reasonably necessary for legal, safety, fraud, security or intellectual-property reasons.

Customers must not resell, republish, distribute, reproduce or share digital product files or Library access credentials except where expressly permitted by the creator or applicable law.

Where an access problem can reasonably be resolved by restoring access, Alvinn may restore access rather than issue a refund.

A payment link allows a creator to collect payment for a product, service, event, contribution or other lawful offering described by the creator.

The creator is solely responsible for: the accuracy of the payment-link description; the legality of the offering; any representations made about the offering; and delivering the product, service, event or other offering promised to the customer.

Alvinn provides payment and related record-keeping infrastructure but does not itself provide or deliver a creator’s off-platform product or service unless expressly stated otherwise. A transaction record, receipt or invoice showing that payment was processed through Alvinn does not transfer responsibility for the creator’s promised offering to Alvinn.

The applicable product or offering price, checkout fees and total amount payable will be displayed before payment is completed.

During the public beta:

• the standard checkout fee is 4% of the item price;
• where anonymous checkout is selected, an additional fee of NGN 100 plus 1% of the original item price may apply in addition to the standard checkout fee;
• checkout fees are separate from the creator’s item price;
• checkout fees are not included in collaboration earnings splits; and
• checkout fees are generally non-refundable because they relate to services completed in processing a successful transaction.

Fees may change from time to time. We will disclose the applicable fees before the customer confirms the relevant transaction. Where a payment provider supports another currency, the provider may determine available conversion methods and exchange rates. The final amount charged or settled may be affected by provider rates, bank charges, currency rules or other factors outside Alvinn’s control.

Following a successful payment, the relevant item-price earnings may be reflected in the Creator’s wallet and, where applicable, allocated among collaborators in accordance with accepted earnings split. An amount displayed as a creator balance is an internal record of amounts that may become eligible for withdrawal. It is not a bank account, deposit account or other regulated deposit-taking account. Creators must connect an eligible payout account and manually initiate a withdrawal.

We or our payment providers may require identity, account or business verification before permitting a withdrawal. A withdrawal may be delayed, held, reversed or refused where reasonably necessary to address:

• suspected or confirmed fraud;
• chargebacks;
• customer complaints;
• negative balances;
• sanctions or other legal restrictions;
• regulatory obligations;
• incorrect payout information; or
• other legitimate payment or security risks.

Any applicable payout or transfer fee will be disclosed before the creator confirms the withdrawal, where practicable.

During the public beta, creators may collaborate on digital products, payment links and group links. The creator who initially creates an item is the “Lead Creator” and retains primary control and responsibility for that item unless the Platform expressly provides otherwise.

Collaboration Invitations

A collaboration invitation may identify: the relevant item; the invited creator; and the proposed earnings percentage. Earnings percentage may be zero. A zero allocation provides attribution only and does not create a right to sale proceeds. Unless accepted, declined or withdrawn earlier, a collaboration invitation expires after seven days. A recipient may decline an invitation without providing a reason. Following acceptance, collaborator profile names may appear publicly on the relevant item.

Control and Ownership

Collaborators may, where enabled by the Platform, display or hide an item on their own storefront or profile and access relevant performance and earnings information. Unless the Platform expressly provides otherwise, collaborators shall not: edit the underlying item; invite or remove other collaborators; or respond or act on behalf of the Lead Creator.

Platform collaboration records reflect attribution and agreed earnings rights. They do not, by themselves, transfer copyright or other intellectual-property ownership. Creators remain responsible for entering into any separate agreement necessary to govern authorship, ownership, delivery, credit, licensing or use of jointly created work.

Earnings Splits and Changes

For a paid product or payment link, accepted collaboration percentages apply to the item price, excluding checkout fees. Group links do not carry earnings split unless the Platform expressly provides otherwise. Changes to existing earnings split require the affected collaborators to accept the revised allocation before it becomes effective.

A revised split does not alter transactions already completed. A collaborator may leave a collaboration, and the Lead Creator may remove a collaborator. Unless otherwise required by these Terms, a refund, dispute outcome or applicable law, removal affects future display and future earnings only.

During the public beta, Customer email addresses are not disclosed to creators or collaborators merely because a customer purchases or interacts with their content. Depending on the Platform feature used, creators may receive information such as a customer’s profile name, masked identifier, transaction information and information indicating whether an interaction originated from their storefront.

Audience attribution may be associated with the storefront or profile through which a customer interacted with the Platform. Anonymous checkout does not mean that Alvinn receives no identifying information. An email address may still be required to provide Library access, prevent fraud, send transactional communications and provide customer support. The customer’s email address remains hidden from creators in accordance with the Platform’s applicable privacy practices.

A “Spotlight” is a promotional card, pop-up or similar promotional feature displayed on a creator’s profile or related Platform pages. A Spotlight may contain media, text and a link to an external website.

The creator is responsible for the accuracy and legality of every claim, promotion, event, offering, media asset and destination associated with a Spotlight.

Alvinn does not currently operate Spotlight as a paid brand-advertising marketplace.

We may restrict or remove a Spotlight that we reasonably believe is unlawful, unsafe, deceptive or materially misleading. Where reasonably practicable, we may notify the creator and provide an opportunity to correct the issue. We may act immediately where delay creates a serious legal, security or safety risk.

Alvinn may provide analytics and audience insights based on activity occurring through the Platform. Depending on the relevant feature, analytics may include information such as profile visits; product views; link clicks; checkout events; sales; traffic sources; approximate location; device information; and time spent interacting with relevant Platform features.

Analytics and audience insights are estimates and may not be complete, uninterrupted or error-free. You should not rely on Platform analytics as the sole basis for accounting, tax, investment or other financial decisions.

Our collection and use of personal data in connection with analytics shall be strictly in accordance with our Privacy Policy.

We will take reasonable steps to maintain the availability and security of the Platform. However, we do not guarantee that the Platform will always be available, uninterrupted, error-free or free from security vulnerabilities. We may modify, suspend or discontinue any feature or part of the Platform where reasonably necessary, including for maintenance, security, technical or business reasons.

We are not required to monitor every activity or piece of content on the Platform. However, we may review, investigate or take action in relation to User activity or content where we consider it necessary to:

• enforce these Terms or other Platform policies;
• protect Users or the Company;
• investigate suspected fraud, abuse or unlawful conduct;
• respond to complaints;
• comply with legal or regulatory obligations; or
• maintain the security and integrity of the Platform.

Depending on the circumstances, we may remove content, restrict functionality, suspend an account or terminate access to the Platform.

Customers should contact Alvinn promptly via the contact details provided below, where they experience an access, payment or delivery issue. You are required to provide relevant transaction details and supporting information. We may request evidence including receipts, communications, access records, delivery records or other information reasonably necessary to investigate a complaint.

We may contact the relevant creator and may hold relevant creator earnings while investigating a complaint where reasonably necessary. Where a party does not respond within a reasonable period, Alvinn may make a decision based on the information available to us.

Access and Product Issues

Where a customer has been charged but has not received access to a purchased Library item, Alvinn’s first remedy will generally be to restore or provide the relevant access. Where a digital file is corrupted, unavailable or materially inconsistent with its description, we may require the creator to correct or replace the product, restrict the product or take other proportionate action.

A change of mind after digital access, no longer wanting a product or misunderstanding information that was clearly disclosed before payment will not ordinarily qualify for a refund, subject to applicable law.

Refunds

Subject to applicable law and available evidence, Alvinn may refund the refundable item price in circumstances including: a verified duplicate payment; an Alvinn processing error; verified fraud; a refund approved by the creator; or a verified failure by a payment-link creator to deliver the promised offering.

A customer is expected to raise a payment-link delivery complaint within seven days from the date of the issue and, where relevant, before the service has been delivered.

Checkout and anonymous checkout fees are generally non-refundable.

Where a refund relates to a transaction involving multiple creators, the refunded amount may be deducted from creator balances in proportion to the original earnings allocation.

Where a creator’s balance is insufficient or the relevant earnings have already been withdrawn, Alvinn may record a negative balance and deduct the relevant amount from future earnings, subject to applicable law.

Chargebacks and payment-provider reversals may be handled in accordance with applicable payment-provider rules and applicable law.

Alvinn provides infrastructure through which creators, brands, explorers, customers and other users may discover, communicate, transact or collaborate with one another. Unless expressly stated otherwise, Alvinn is not a party to agreements or arrangements independently entered into between users.

Users are responsible for: conducting appropriate checks on other users; negotiating their own commercial terms; ensuring that their activities comply with applicable law; and documenting any separate contractual arrangements they require.

Alvinn does not guarantee that: a creator will receive a particular opportunity or campaign; a brand will find a particular creator; a creator or brand will enter into a successful commercial relationship; a customer will achieve a particular result from purchasing a product; or any particular user, product, service or opportunity will meet another user’s expectations.

The Platform may rely on third-party service providers, including payment providers, payout providers, hosting providers, email-delivery services and connected social platforms. Third-party services may be governed by their own terms, privacy policies and other applicable notices.

Alvinn is not responsible for third-party services that operate independently of Alvinn, including their availability, content, security or practices, except to the extent responsibility cannot lawfully be excluded.

Where the Platform contains links to third-party websites or services, those links are provided for convenience and do not necessarily constitute an endorsement or recommendation by Alvinn. You access third-party websites and services at your own risk and should review their applicable terms and privacy notices.

The Platform is provided on an “as available” basis. We do not guarantee the accuracy, reliability or completeness of information provided by Users, including creator profiles, portfolios, brand information or opportunities. The Company does not guarantee the quality, suitability, conduct, performance or reliability of any creator, brand or other User and does not endorse every User or opportunity appearing on the Platform.

Users are responsible for exercising appropriate judgment and conducting any checks they consider necessary before entering into a commercial or other relationship with another User.

Additionally, there are no warranties as to the results of your use of the Content. Alvinn HQ does not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

The Company shall not be liable for any damages including general, special, direct, indirect, incidental, of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the Site or any third-party site to which this Site is linked. We are not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

We are not responsible for losses arising from transactions, communications, collaborations or other arrangements entered into directly between Users. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable Nigerian law.

You agree to indemnify and hold harmless the Company, its directors, employees, officers, agents and service providers against claims, losses, liabilities, costs and expenses arising from:

• your breach of these Terms;
• your unlawful use of the Platform;
• your User Content;
• your infringement of another person’s rights; or
• your dealings or arrangements with other Users.

We may suspend or terminate your access where we reasonably believe that you have breached these Terms, engaged in unlawful or harmful conduct, misused the Platform or created a risk to other Users or the Company. We may also suspend or terminate access where required by law or where necessary to protect the security and integrity of the Platform.

Depending on the circumstances, we may: request that a creator correct an issue; restrict or remove content or products; pause withdrawals; hold relevant earnings; suspend an account; restrict Platform functionality; or terminate access to the Platform.

A suspended account and its public items may become temporarily unavailable. Users may appeal a suspension or other enforcement action by contacting Alvinn support.

Following permanent closure of an account, we may pay legitimate remaining creator earnings after accounting for applicable refunds, chargebacks, negative balances, lawful holds, costs and amounts we are legally required to retain.

You may stop using the Platform and close your account at any time, subject to any outstanding obligations or transactions.

Provisions relating to intellectual property, User Content, liability, indemnity, dispute resolution and any other provisions intended to survive termination will continue to apply after termination.

These Terms shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria. The parties shall first attempt to resolve any dispute arising from these Terms or your use of the Platform through good-faith discussions.

Where a dispute cannot be resolved amicably, the parties may refer the dispute to mediation or arbitration, or to a court of competent jurisdiction in Nigeria, in accordance with the applicable laws and any specific dispute-resolution terms agreed between the parties.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce that provision in the future.

These Terms, together with the Privacy Policy, Cookie Policy and any additional terms applicable to particular Platform features, constitute the agreement governing your use of the Platform.

If you have questions, complaints or enquiries concerning these Terms or the Platform, you may contact us at:

Alvinn Tech Limited
Lagos State, Nigeria

Support: support@alvinn.app
Website: https://alvinn.app