Agreement to Our Legal Terms
We are ATOD Tech, a company operating in Lagos, Nigeria ("Company", "we", "us", "our").
We operate the InstantLinkUp mobile application and the website at https://instantlinkup.com, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at privacy@instantlinkup.com, through Help & Support in the app, or by mail to 3 Igbobi St, off Ait, Jibowu, Yaba, Lagos, Nigeria.
These Legal Terms are a legally binding agreement between you and ATOD Tech about your access to and use of the Services. By creating an account or using the Services, you confirm that you have read, understood and agreed to these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU MUST NOT USE THE SERVICES.
Our Privacy Notice, available at https://instantlinkup.com/privacy and in the app, explains how we handle your personal information. It forms part of these Legal Terms.
We may change these Legal Terms from time to time. We will update the "Last updated" date and, for material changes, tell you in the app or by email before they take effect. If you keep using the Services after a change takes effect, you accept the revised Legal Terms. If you do not accept them, you can delete your account.
1. Our Services
InstantLinkUp helps adults find and connect with people and events near them, chat, join communities, and arrange to meet in person. The Services are offered in Nigeria. If you use them from anywhere else, you do so on your own initiative and are responsible for complying with local laws.
2. Eligibility and Your Account
To use the Services, you must:
- be at least 18 years old;
- have the legal capacity to agree to these Legal Terms;
- not have been convicted of a sexual or violent offence;
- not have had an account suspended or disabled by us, unless we have agreed in writing that you may return; and
- use the Services only through the official app or website, not through bots, scripts or other automated means.
You may only have one account. The information you give us, including your name, age and photos, must be true, accurate and about you. You are responsible for keeping your password and PIN secret and for everything that happens on your account. Tell us straight away through Help & Support if you think someone else has used your account.
If you give us information that is untrue, inaccurate, out of date or incomplete, we may suspend or disable your account.
3. Identity Verification
You can choose to verify your identity by submitting identity documents and a selfie. A verified badge means only that our staff checked that your documents appeared genuine and matched your selfie at the time of review. Verification is not a background check, a criminal record check or a guarantee of anyone's identity, character or intentions. We may refuse or remove verification at our discretion, for example if documents appear altered or a member breaks these Legal Terms.
Only verified members can propose a meetup. Members who are not verified can still connect and chat, and can accept, decline or suggest another time for a meetup that a verified member proposes. Some other features may also be available only to verified members.
4. Meeting People and Your Safety
You are solely responsible for your interactions with other members, online and in person. We do not run background checks on members and we cannot guarantee how any member will behave.
When you meet someone you met through the Services:
- meet in a busy public place, and tell a friend or family member where you are going and when;
- arrange your own transport to and from the meeting;
- use the app's safety features, such as your safety circle and live location sharing during a meetup;
- never send money, gift cards, cryptocurrency or financial details to another member, whatever reason they give; and
- report anyone who makes you feel unsafe, and contact the police in an emergency.
Our safety features are tools to help you. They depend on your phone, its connection and its settings, and they do not replace emergency services.
5. Community Standards
We have zero tolerance for objectionable content and abusive members. You must not post, send or share anything that:
- is sexually explicit or pornographic, or sexualises anyone under 18;
- harasses, bullies, threatens, stalks or intimidates anyone;
- promotes hatred or discrimination based on ethnicity, religion, nationality, gender, sexual orientation, disability or any other characteristic;
- promotes violence, self harm, terrorism or illegal activity, including the sale of drugs or weapons;
- is a scam, a request for money, or an attempt to get someone's financial or account details;
- shares another person's private information or images without their consent;
- impersonates another person, or misrepresents your identity, age or intentions; or
- is spam, unsolicited advertising, or a pyramid or multi level marketing scheme.
6. Prohibited Activities
You may not use the Services for any purpose other than the one we make them available for. In particular, you agree not to:
- systematically retrieve data or content from the Services to build a collection, database or directory without our written permission;
- trick, defraud or mislead us or other members, especially to learn account information such as passwords;
- circumvent, disable or interfere with security features of the Services, or features that restrict how content can be used;
- use information obtained from the Services to harass, abuse or harm another person;
- make improper use of our support services or submit false reports of abuse or misconduct;
- use the Services in breach of any applicable law or regulation;
- upload or transmit viruses or other material that interferes with anyone's use of the Services, or that collects information without consent;
- use scripts, bots, scrapers or other automated tools to access the Services, send messages or create accounts;
- impersonate another member or person, or use another member's username;
- interfere with, disrupt or place an undue burden on the Services or the networks connected to them;
- harass, intimidate or threaten our staff;
- try to bypass measures that restrict access to the Services or any part of them, including blocks placed by other members;
- copy, decompile, disassemble or reverse engineer the Services' software, except where the law permits it;
- collect members' usernames, email addresses or phone numbers to send unsolicited messages; or
- use the Services to compete with us, or to solicit members commercially in ways we have not approved.
7. Your Content
"Your Content" means anything you post, send or upload through the Services, including your profile, photos, messages, posts, comments and events.
You own Your Content. By posting it, you give us a worldwide, non exclusive, royalty free licence to host, store, copy, display and transmit Your Content, only as needed to operate, improve and protect the Services, for example to show your profile to other members or deliver your messages. This licence ends when you delete Your Content or your account, except for copies other members have already received (such as messages you sent them), copies kept in backups for a limited time, and copies we must keep by law or to deal with a report.
You confirm that you own Your Content or have the rights needed to share it, that it is accurate, and that it does not break these Legal Terms, infringe anyone's rights or break the law of the Federal Republic of Nigeria. You are solely responsible for Your Content.
If you send us suggestions or feedback about the Services, you agree we may use them freely without paying or crediting you.
8. Reporting, Blocking and Enforcement
You can report a member or their content, and block a member, from their profile or from your chat with them. Blocking hides your chat and connection with that member and cancels any meetup still planned between you. The chat is kept, not deleted, so we can review it if either of you reports the other, and it returns if you unblock them. We review reports promptly and aim to act within 24 hours. When content or behaviour breaks these Legal Terms, we may remove the content, warn the member, restrict features, or suspend or disable the account, and we may report illegal activity to law enforcement.
Messages and posts are checked automatically against a list of banned words and links, and content that fails the check is not delivered. We may also review content that has been reported to us. We are not obliged to monitor the Services, and we do not read private messages unless they are reported to us or the law requires it.
9. Events
Members can create events and invite others. If you host an event, you are responsible for it, including its accuracy, safety, and compliance with the law and with these Legal Terms.
Some events listed in the app are published by third parties on Eventbrite. Registering for or attending those events is between you and the organiser, under Eventbrite's and the organiser's terms. We are not the organiser of any event we did not create, and we are not responsible for it.
10. Subscriptions and Payments
Some features are available only with a paid subscription ("Subscription").
- Plans. The free plan includes a limited number of new connection requests each day. LinkUp Plus removes that limit, within fair use limits that protect members from spam, and adds the features described in the app.
- Prices. Prices are shown in the app, in your local currency and including any applicable taxes, before you pay.
- Billing. Subscriptions are billed monthly or annually, as you choose, by Google Play or the App Store, depending on where you got the app. Your payment is taken by the store under its own terms, and you authorise the store to charge your chosen payment method at the start of each billing period.
- Automatic renewal. Your Subscription renews automatically at the end of each billing period until you cancel it.
- Cancelling. You can cancel at any time in your Google Play or App Store subscription settings, which the app links to from Profile, Subscription. Cancelling stops the next renewal. You keep access to paid features until the end of the period you have already paid for.
- Refunds. Refunds are handled by Google Play or the App Store under their refund policies. We do not otherwise refund payments, except where the law requires it.
- Price changes. We will tell you about a price change before it applies. The new price applies from your next renewal, and you can cancel before then if you do not accept it.
- Failed payments. If a renewal payment fails, the store may retry it for a short time. Your access to paid features may end until payment succeeds.
Deleting your account does not cancel a Subscription bought through Google Play or the App Store. Cancel it in the store first, or you may be charged again.
11. Intellectual Property Rights
We own or license all intellectual property rights in the Services, including the source code, databases, functionality, software, designs, text, photographs and graphics (the "Content"), and the trademarks, service marks and logos in them (the "Marks"). Members' own content is covered by section 7, not by this section.
Subject to your compliance with these Legal Terms, we grant you a non exclusive, non transferable, revocable licence to access and use the Services for your personal, non commercial use.
Except as set out in these Legal Terms, you may not copy, reproduce, republish, distribute, sell, license or otherwise exploit any part of the Services, the Content or the Marks for any commercial purpose without our prior written permission. To ask for permission, email privacy@instantlinkup.com.
12. Term and Termination
These Legal Terms apply for as long as you use the Services.
You can stop using the Services and delete your account at any time in the app under Settings, Delete Account.
We may suspend or disable your account, or remove any content, if you break these Legal Terms or the law, if you put other members at risk, or if we are required to by law. Where it is safe and lawful to do so, we will tell you why. If you believe we have made a mistake, contact us through Help & Support or at privacy@instantlinkup.com.
If we disable your account, you may not create a new account, whether under your own name, a fake or borrowed name, or someone else's name. We may also take appropriate legal action.
13. Modifications and Interruptions
We may change, suspend or discontinue any part of the Services at any time. We cannot guarantee that the Services will always be available. Hardware, software or connection problems, or maintenance, may cause interruptions, delays or errors. To the extent the law allows, we are not liable for any loss or inconvenience caused by the Services being unavailable.
14. Governing Law
These Legal Terms are governed by the laws of the Federal Republic of Nigeria. Subject to section 15, the courts of Lagos State, Nigeria have exclusive jurisdiction over any dispute arising in connection with these Legal Terms.
15. Dispute Resolution
Informal negotiations. To keep the cost and time of any dispute, controversy or claim related to these Legal Terms (a "Dispute") low, you and we (each a "Party") agree to first try to resolve it informally for at least thirty (30) days before starting arbitration. Informal negotiations begin when one Party gives the other written notice.
Binding arbitration. If the Parties cannot resolve the Dispute informally, it will be finally resolved by arbitration under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules in force at the time, and the Arbitration and Mediation Act 2023 of Nigeria. There will be one (1) arbitrator. The seat of arbitration will be Lagos, Nigeria, and the proceedings will be in English.
Restrictions. To the full extent the law allows, any arbitration will be limited to the Dispute between the Parties individually. No arbitration will be joined with any other proceeding, and no Dispute may be arbitrated as a class action or brought on behalf of the general public or other people.
Exceptions. Informal negotiation and arbitration do not apply to: (a) Disputes about enforcing, protecting or the validity of a Party's intellectual property rights; (b) Disputes about theft, piracy, invasion of privacy or unauthorised use; and (c) claims for injunctive relief. If this section is found to be illegal or unenforceable, the affected Dispute will be decided by the courts named in section 14.
16. Corrections
The Services may contain errors, inaccuracies or omissions, including in descriptions, prices and availability. We may correct them and update information at any time without prior notice.
17. Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR OWN RISK. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON MEMBERS, AND WE MAKE NO PROMISE ABOUT THE CONDUCT, IDENTITY OR INTENTIONS OF ANY MEMBER. TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT RESPONSIBLE FOR: (1) ERRORS OR INACCURACIES IN CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES OR FROM YOUR INTERACTIONS WITH OTHER MEMBERS, ONLINE OR IN PERSON; (3) UNAUTHORISED ACCESS TO OUR SERVERS OR THE INFORMATION STORED ON THEM; (4) INTERRUPTIONS TO THE SERVICES; (5) VIRUSES OR SIMILAR CODE TRANSMITTED BY A THIRD PARTY; OR (6) EVENTS, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING EVENTBRITE ORGANISERS.
18. Limitations of Liability
TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER WE NOR OUR DIRECTORS, EMPLOYEES OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WILL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, DURING THE SIX (6) MONTHS BEFORE THE CAUSE OF ACTION AROSE.
NOTHING IN THESE LEGAL TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER NIGERIAN LAW, INCLUDING THE FEDERAL COMPETITION AND CONSUMER PROTECTION ACT 2018, OR OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR FRAUD.
19. Indemnification
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners and employees, from any loss, damage, liability, claim or demand, including reasonable lawyers' fees, made by any third party arising from: (1) Your Content; (2) your breach of these Legal Terms; (3) your violation of the rights of a third party, including intellectual property rights; or (4) any harmful act by you toward another member you connected with through the Services. We may, at your expense, take over the defence of any such claim, and you agree to cooperate with us. We will make reasonable efforts to tell you about any such claim when we become aware of it.
20. User Data
We keep the data you transmit to the Services and data about your use of them, as described in our Privacy Notice. Although we back up data regularly, we do not guarantee that it will never be lost or corrupted, and to the extent the law allows, we are not liable for any such loss.
21. Electronic Communications, Transactions and Signatures
Using the Services, sending us emails and completing forms in the app are electronic communications. You agree to receive communications from us electronically, by email, push notification or in the app, and you agree that these satisfy any legal requirement for communications to be in writing. You agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions made through the Services.
22. Miscellaneous
These Legal Terms, the Privacy Notice and any rules we post in the Services are the entire agreement between you and us. If we do not enforce a right or provision, that is not a waiver of it. We may transfer our rights and obligations to another company, for example in a merger or sale, and that company must honour these Legal Terms. We are not liable for any failure or delay caused by events beyond our reasonable control. If any provision is found unlawful, void or unenforceable, it is removed and the rest remain in force. These Legal Terms do not create any joint venture, partnership, employment or agency relationship between you and us.
23. Contact Us
To resolve a complaint about the Services or to ask about them, contact us through Help & Support in the app, or at:
ATOD Tech 3 Igbobi St, off Ait, Jibowu, Yaba, Lagos, Nigeria Email: privacy@instantlinkup.com