Terms of Service

Welcome to Earnstack. These Terms of Service ("Terms") govern your access to and use of Earnstack's cashback loyalty platform and services ("Services"). Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.

1. Definitions

In these Terms:

• "Service" refers to Earnstack's cashback loyalty platform accessible via our website or API.
• "Business" refers to any Nigerian-registered company, sole proprietorship, partnership, or organization that subscribes to our Service.
• "Customer" refers to the end-users who participate in your cashback loyalty program through our Service.
• "Cashback" refers to the monetary rewards credited to Customers for purchases made with your Business.
• "Platform" refers to Earnstack's software, website, applications, and related services.
• "Data" refers to transaction information, customer details, and other information processed through our Service.

2. Eligibility and Registration

To use Earnstack Services:

• You must be a legally registered business in Nigeria or have authorization to represent such business.
• You must be at least 18 years old or the age of majority in your jurisdiction.
• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to notify us immediately of any unauthorized use of your account.

3. Service Description

Earnstack provides a cashback loyalty-as-a-service platform that enables Nigerian businesses to:

• Create and manage cashback loyalty programs for customers
• Automatically track customer purchases and calculate cashback rewards
• Manage customer rewards and redemptions
• Analyze customer retention and loyalty metrics
• Integrate with existing point-of-sale systems or operate manually
• Send automated notifications to customers about their rewards

4. Subscription and Payment

Our Services are offered under various subscription plans:

• Subscription fees are billed in Nigerian Naira (₦) on a monthly or annual basis.
• All fees are exclusive of applicable taxes, duties, or levies imposed by Nigerian authorities.
• We reserve the right to change subscription fees with 30 days' notice.
• Payments are processed through secure payment gateways compliant with Nigerian financial regulations.
• Unpaid subscriptions may result in suspension or termination of Services.

5. Cashback Funds Management

As a cashback service provider:

• Businesses are solely responsible for funding cashback rewards promised to customers.
• Earnstack facilitates the calculation and tracking of cashback but does not hold customer funds.
• Businesses must maintain sufficient funds to honor cashback commitments.
• We recommend maintaining a reserve equivalent to at least one month's projected cashback liability.
• Failure to fund cashback rewards may result in immediate suspension of Services.

6. Data Protection and Privacy

We comply with the Nigeria Data Protection Regulation (NDPR) 2019:

• We process personal data only for specified, explicit, and legitimate purposes.
• We implement appropriate technical and organizational measures to protect data.
• We act as data processors for Businesses who are data controllers.
• We assist Businesses in fulfilling their NDPR obligations to customers.
• We do not sell or share customer data with third parties for marketing purposes.

7. Intellectual Property

All intellectual property rights in the Earnstack platform belong to us:

• We grant Businesses a limited, non-exclusive, non-transferable license to use our Services.
• You may not copy, modify, distribute, sell, or lease any part of our Services.
• You retain ownership of your business data, customer lists, and transaction records.
• We may use anonymized, aggregated data to improve our Services and for statistical analysis.

8. Prohibited Activities

Businesses may not use our Services to:

• Engage in fraudulent, deceptive, or illegal activities under Nigerian law.
• Violate any financial regulations or anti-money laundering laws.
• Process transactions for prohibited goods or services.
• Attempt to circumvent cashback limits or exploit the system.
• Impersonate another business or individual.
• Distribute malware or engage in hacking activities.

9. Limitation of Liability

To the maximum extent permitted by Nigerian law:

• Earnstack's total liability for any claims shall not exceed the subscription fees paid in the preceding 12 months.
• We are not liable for indirect, incidental, special, or consequential damages.
• We are not liable for service interruptions due to factors beyond our reasonable control.
• We are not liable for cashback payments that Businesses fail to honor to customers.
• Businesses are responsible for complying with all applicable Nigerian laws and regulations.

10. Termination

Either party may terminate these Terms:

• Businesses may cancel their subscription at any time through their dashboard.
• We may suspend or terminate Services for violation of these Terms.
• Upon termination, Businesses must honor all outstanding cashback obligations to customers.
• We will provide reasonable assistance in exporting business data upon termination.
• Provisions regarding intellectual property, liability, and confidentiality survive termination.

11. Governing Law and Dispute Resolution

These Terms are governed by Nigerian law:

• These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
• Any disputes shall first be attempted to be resolved through good-faith negotiation.
• If negotiation fails, disputes shall be resolved through mediation in Lagos, Nigeria.
• If mediation fails, disputes shall be subject to the exclusive jurisdiction of Nigerian courts.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify Businesses of material changes via email or through the platform at least 30 days before changes take effect. Continued use of our Services after changes constitutes acceptance of the modified Terms.

13. Contact Information

For questions about these Terms of Service, please contact us at:
Email: support@earnstack.ng
Address: Ibadan, Nigeria