1 Contractual Relationship

THE FOLLOWING TERMS AND CONDITIONS (hereafter ‘’T & C”) governs your use of the Famebirds Influencer Marketing Platform.[website and the mobile app] (hereinafter referred to as ‘We’, ‘Us’ or ‘Our’). It is vitally important that you read the terms carefully, as your use of the platform will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. The terms also govern your use, of the services provided through or in connection with the platform (services). EACH TIME YOU USE OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM. If you do not agree to be bound by these terms, you may not use the platform/services provided by us.

Do not continue to use the platform if you do not accept all of the Terms and Conditions stated on this page.

THE PLATFORM is jointly owned by The Temple Management Company and Famebirds Influencer Marketing Platform a company incorporated under the Laws of the Federal Republic of Nigeria and having its principal place of business at The Hampton Hills Apartments, Dideolu Estate, Off Ligali Ayorinde Street,VI if you do not agree to and accept these Terms and Condition, you should not use this platform. All references within these Terms and Conditions to 'we/us/our/the platform' refer to Famebirds.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH AMAZE DIGITAL LIMITED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. The Services

The Services comprise mobile applications and related services (each, an "Application"), which enable users create personalized videos for fans and their loved ones on their special occasion and/or create personalized videos that promote brands, products and business and all other business related services to a client or customer.

3. Restrictions on Use

1.You agree not to transmit any material designed to interrupt, damage, destroy or limit the functionality of our platform or the Services.

2.You agree not to use any automated software to view the Services without consent and to only access our Services manually.

3.You agree not to use the Services other than for the already agreed services.

4.You agree not to attempt to copy our data or reverse engineer our processes without our consent.

5.You agree not to use our Services in any manner that is illegal, immoral or harmful to us.

6.You agree not to use our Services in breach of any policy or other notice on our platform.

7.You agree not to remove or alter any copyright notices that appear on our platform.

8.You agree not to publish any material that may encourage a breach of any relevant laws or regulations.

9.You agree not to interfere with any other user's enjoyment of our platform or the Services.

10.You agree not to transmit materials protected by copyright without the permission of the owner.

11.You agree not to conduct yourself in an offensive or abusive manner whilst using our platform or the Services.

12.You agree not to attempt to bypass restrictions on user accounts.

4. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel listings in our sole discretion.

5. User Submissions

Anything that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, pictures, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Platform, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

By attempting to sign up, you agree to receive; a) emails associated with document/verification requirements and b) emails asking you to review your experience and c) promotional emails and newsletters, SMS and push notifications from Famebirds. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email Customer Service email address.

6. Cookies

We employ the use of cookies for a variety of reasons, which includes but not limited to improving online experience for users, analytical and marketing purposes such as:

1.Page visits, session tracking, login issues, etc.

2.Conversion tracking, form submissions, etc.

By using The Famebirds Website or its Mobile App you consent to the use of cookies in accordance with The Amaze privacy policy. Cookies are used on our Website or Mobile App to enable the functionality of the pages and seamless use for the Users visiting or using the Site. Some of our affiliate/advertising partners may also use cookies.

Whilst you may disable your cookies based on your individual internet browser settings, be aware that it may limit your abilities to use our site, our abilities to provide best user experience and the functionalities on our website.

7. Non-circumvention

You agree to adhere to the principles of ethical business practices and rule of the non-circumvention and non-disclosure established by the International Chamber of Commerce Arbitration Centre which rules are made a part hereof for reference. This understanding shall survive the termination of this Agreement and remain in full force and effect for a period of twelve (12) months from the date hereto and is to be applied to any and all transaction entertained by the signatories including subsequent follow up, repeated and re-negotiated transactions.

Neither you nor your associates, will attempt to contact, deal with or solicit, either directly or indirectly any party, institutions or clients introduced/discovered on the platform by the other in any manner whatsoever without our express written consent.

8. Accessibility of platform

Our aim is to ensure accessibility to the platform at all times, however we make no representation of that nature and reserves the right to terminate the platform at any time and without notice. You accept that service interruption may occur in order to allow for platform improvements, scheduled maintenance or may also be due to outside factors beyond our control.

9. Third Parties

Third Parties The platform may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. Our platform may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on our platform should not be taken as an endorsement by us of any kind. Furthermore, our platform contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties. Creating a link to this platform is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

10. Data Protection

Any personal information collected in relation to the use of this platform will be held and used in accordance with our Privacy Policy. Amaze might use it for commercial purposes. However we undertake that our usage will be in accordance with provisions of Nigerian Law on Data Protection

11. Disclaimer & Limitation of Liability

FAMEBIRDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR PURPOSE, OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

FAMEBIRDS DOES NOT WARRANT THAT THE PLATFORM, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FAMEBIRDS INFLUENCER MARKETING PLATFORM, SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FAMEBIRDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FAMEBIRDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FAMEBIRDS DIGITAL PLATFORM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FAMEBIRDS INFLUENCER MARKETING PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. FAMEBIRDS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY.

FAMEBIRDS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

1.YOUR USE OF OR RELIANCE ON THE PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM; OR

IN NO EVENT SHALL WE NOR ANY OF OUR OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY LOSS OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. SHOULD YOU NOT AGREE WITH ANY PART OF THESE TERMS OF USE OR HAVE ANY DISPUTE OR CLAIM AGAINST US OR OUR SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USING THE SERVICES.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

12. Indemnification

You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees or agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:

1.your use of the Services;

2.your breach or violation of any of these Terms;

3.Fambirds’ use of your User Content; or

4.your violation of the rights of any third party, including Third Party Providers.

13. Security Breach

In the event of any actual or suspected security breach we either suffer or learn of that either compromises or could compromise our platform’s data or Confidential Information, including without limitation customer or consumer data’s physical trespass on a secure facility or hacking (collectively, a “Security Breach”), Famebirds will immediately notify you of such Security Breach, and will immediately coordinate with our designees alongside appropriate authorities required by applicable law to investigate, prosecute and remedy the Security Breach.

14. Privacy

Subject to all applicable laws, Famebirds may provide to a third party any information (including personal data and any Famebirds Data) about your Account(s) provided hereunder if:

1.there is a complaint, dispute or conflict, between users of the platform;

2.it is necessary to enforce the terms of the Agreement;

3.it is required, in Famebirds or any Affiliate’s sole discretion, by applicable law or regulation;

4.it is necessary, in Famebirds or any Affiliate’s sole discretion, to (i) protect the safety, rights or security of Famebirds and its Services or any third party, (ii) detect, prevent or otherwise address fraud, security or technical issues, and/or (iii) prevent or stop activity which Famebirds or any of its Affiliates, in their sole discretion, consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or

5.You understand that Famebirds may retain your personal data for legal, regulatory, safety, and other necessary purposes after this Agreement is terminated. Famebirds processes personal data including that provided for in this Terms.

15. Intellectual Property

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the platform/Site, information content on the platform/Site and all the platform design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors. Any unauthorized use of the material and content of this platform is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Famebirds is a registered trademark. Any infringement of Famebirds’ intellectual property will be duly prosecuted. Claims of copyright infringement should be sent to Famebirds Influencer Marketing Platform.

16. Changes to Terms and Conditions

We reserve the right in our sole discretion to change these Terms and Conditions at any time without prior notice to you. Any changes will be posted on our platform and become effective at the time of posting. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. We reserve the right to modify, suspend or discontinue all or part of the Services at any time to you and/or others, with or without notice. We shall not be liable to you or any other party where we exercise our right to modify, suspend or discontinue all or part of the Services.

17. Notice

Famebirds may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Amaze, with such notice deemed given when received by Famebirds, at any time by first class mail or pre-paid post to our registered agent for service of process, ℅ Famebirds Influencer Marketing Platform.

18. Governing Law

This Terms and Condition shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and any dispute arising there from shall be determined in accordance with such laws.

19. Dispute Resolution

Any dispute that may arise between the Parties to this T&C and in connection with this T&C or the compliance by any Party with any provision hereof, including, but not limited to, any alleged breach hereof, shall be settled by an agreement between the Parties in dispute. If the Parties herein fail to reach an agreement within thirty (30) days of the date on which the first correspondence was exchanged between them declaring the existence of the dispute and initiating negotiations to settle it by contract, such dispute shall be finally submitted to arbitration under the Rules of the Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria (2004), for settlement by one or more arbitrators appointed in accordance with said Arbitration Rules.

Each party shall appoint an arbitrator and both arbitrators shall jointly appoint a third Arbitrator that will sit as an umpire. The arbitration shall take place in Lagos, Nigeria with the English Language being the language of the arbitration proceedings and shall be regulated by the Rules of the Arbitration and Conciliation Act.

The arbitration proceeding shall not last longer than 21 working days unless otherwise agreed by the Parties to this Contract.

The decision and award resulting from such arbitration shall be final and binding on the Parties to this Contract. Any court of competent jurisdiction may render judgment upon arbitral award, or application may be made to such court for the judicial acceptance of the award and an order of enforcement. In the event that an action for judgment or enforcement is brought before a court of competent jurisdiction on the arbitral award or on the judgment rendered thereon, the Parties herein waive all rights to object thereto insofar as such waiver is permitted under the applicable laws.

However, by agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Famebirds on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Famebirds, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Famebirds by someone else.

20. Arbitration

You and Famebirds agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Famebirds, and not in a court of law.

However, you and Famebirds each retain the right to bring an individual action in court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights and trademarks.

21. Term

This Agreement shall commence on the date that the Agreement is executed by Customer (electronically by clicking accept or otherwise) and shall continue until terminated as set forth herein.

22. Termination

Termination Famebirds reserves the right to terminate or suspend your access to services provided or delete your account if: (a) you materially or repeatedly breach these terms; (b) we are required to do so to comply with a legal requirement or a court order or (c) we reasonably believe that your conduct causes harm or liability to a user, third party or Famebirds.

In addition, you can terminate this agreement without cause by choosing to stop using our services. If you do stop using our services, we would appreciate knowing why in order to continue improving our services.

23. General

You may not assign these Terms without Famebirds prior written approval. Famebirds may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Famebirds equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Famebirds or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Famebirds' failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Famebirds in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

If you have any questions or comments about our Terms and Condition, please Contact us.