User Agreement

Afritivity

Welcome to Afritivity! By signing up for an Afritivity Account or using any Afritivity Services, you agree to be bound by these Terms of Service / User Agreement.

1. Account Terms

  • You are responsible for your Account, the Materials you upload, and the operation of your Afritivity Store. If you violate these terms, Afritivity may cancel your service access. Communication will be via your Primary Email Address.
  • To access and use the Services, you must register for an Afritivity account. Registration requires your full legal name, business address, phone number, valid email, and other required information. Afritivity may reject or cancel accounts at its sole discretion.
  • You must be at least 18 years old or the age of majority in your jurisdiction.
  • Services are provided for business purposes only, not personal, household, or family use.
  • You are responsible for keeping your password secure. Afritivity is not liable for loss or damage due to security failures.
  • Technical support is provided only to Afritivity Users. Questions about these Terms should be sent to Afritivity Support.
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission.
  • You agree not to circumvent technical limitations, process orders outside Afritivity Checkout, or reverse engineer the Services.
  • Automated access (robots, spiders, scrapers) is prohibited.
  • Materials may be transferred unencrypted and adapted to technical requirements. “Materials” include trademarks, copyright content, products, services, and any business content or data provided to Afritivity.

2. Account Activation

2.1 Owner

  • Only one person can be the “Owner,” responsible for the Account and actions of others accessing it. If you sign up on behalf of your employer, your employer is the Owner.
  • Afritivity automatically creates certain accounts for payment acceptance. You are responsible for activating/deactivating these accounts and complying with their terms (including third parties like Payfast, Flutterwave, DPO pay, Paystack and Yoco).
  • Any domain purchased through Afritivity will auto-renew unless you opt out.

2.2 Staff Accounts

  • Depending on your pricing plan, you can create staff accounts for others to access your Account. The Owner sets permissions and is responsible for staff actions.

2.3 Payment Gateways

  • Upon sign-up, Afritivity may create payment gateway accounts (Payfast, Flutterwave, DPO pay, Paystack and Yoco) on your behalf. You are responsible for activating, maintaining, or deactivating these accounts. These are Third Party Services.

2.4 Domain Names

  • Domains purchased through Afritivity will auto-renew annually unless you deactivate this feature.

3. Afritivity Rights

  • Afritivity controls service availability and may modify services at any time. Materials may be refused or removed if they violate the Acceptable Use Policy or these Terms.
  • Abuse of Afritivity employees or officers will result in immediate account termination.
  • In case of account ownership disputes, Afritivity may request documentation and determine rightful ownership, or suspend the account until resolved.

4. Your Responsibilities

  • You are responsible for your Afritivity Store, goods/services sold, and customer relationships.
  • You must provide public-facing contact information, terms of service, refund policy, and shipping policies on your Store.
  • Contracts of sale are directly between you and your customers; Afritivity is not the seller or merchant of record.
  • You must comply with all applicable laws and regulations.
  • Use of Afritivity API is subject to API Terms.
  • You agree to use Afritivity checkout process for all sales.

5. Payment of Fees and Taxes

  • A valid payment method must remain on file for all service fees. Subscription fees are billed every 30 days. Transaction and additional fees are charged as incurred.
  • If payment fails, Afritivity may suspend your account. Outstanding fees must be paid for reactivation.
  • All fees are exclusive of applicable taxes. You are responsible for determining, collecting, and remitting taxes.
  • Afritivity does not provide refunds.
  • Access to tax calculation or filing tools is subject to additional terms.

6. Confidentiality

  • Both parties agree to use Confidential Information only to perform obligations under these Terms. Confidential Information must be protected and respected.

7. Limitation of Liability and Indemnification

  • Afritivity is not responsible for damages or lawsuits arising from your breach of law, these terms, or third-party rights. Services are provided “as is” and “as available” without warranties.
  • You agree to indemnify Afritivity and its affiliates from any claims arising from your breach, violation of law, or customer transactions.

8. Intellectual Property and Your Materials

  • Anything you upload remains yours, but Afritivity receives a license to use and publish it for service operation and promotion.
  • You waive moral rights in Materials in favor of Afritivity.
  • Afritivity may review and delete Materials at any time.
  • You may not use Afritivity trademarks or confusingly similar marks without written authorization.

9. Additional Services

  • Afritivity may offer additional services, products, and tools, subject to these Terms or additional terms.
  • Use of third-party services is at your own risk. Afritivity is not responsible for third-party providers or services.
  • Beta services may be offered and are not part of regular services; use at your own risk.

10. Feedback and Reviews

  • Afritivity welcomes feedback but is under no obligation to keep suggestions confidential or compensate you. By submitting feedback, you waive all rights to it.

11. Intellectual Property Infringement

  • Afritivity respects intellectual property rights. Posting infringing content violates the Acceptable Use Policy and may result in removal or termination.

12. Privacy and Data Protection

13. Afritivity Contracting Party & Jurisdiction

  • The contracting party is Afritivity (Flava Machines Pty Ltd).
  • Jurisdiction: These Terms are governed by the laws of South Africa. The parties irrevocably submit to the exclusive jurisdiction of South African courts for any dispute or claim arising out of or in connection with these Terms.

14. Term and Termination

  • You may cancel your Account at any time by contacting Afritivity Support.
  • Afritivity may terminate your account at any time, without notice, for any reason.
  • Upon termination, services cease, outstanding balances become due, and your account is taken offline.

15. Modifications

  • Afritivity reserves the right to update or change any portion of these Terms at any time. Material changes will be communicated in advance. Continued use of services constitutes acceptance of changes.

16. General Conditions

  • These Terms constitute the entire agreement between you and Afritivity, superseding prior agreements.
  • The Terms are binding upon successors and assigns.
  • If any provision is held invalid, the remainder remains in effect.
  • On termination, certain sections survive as specified above.