Terms of Use
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1. Introduction and Agreement to Terms
These Terms of Use (the “Terms”) constitute a binding legal agreement between you and Eclatit Limited (“Excluvia”, “we”, “us” or “our”). These Terms govern your access to and use of the Excluvia platform, including all associated websites, web applications, mobile applications, content distribution systems, subscription services, support features and any other functionalities offered (collectively, the “Services”).
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, Acceptable Use Policy, Community Guidelines, Copyright Policy, Refund and Cancellation Policy and Advertising and Promotion Policy (collectively, the “Platform Policies”). If you do not agree with any provision of these Terms or the Platform Policies, you must refrain from accessing or using the Services.
2. Definitions
For the purposes of these Terms, the following terms shall have the meanings ascribed below:
“User” means any individual or entity who accesses or uses the Services, including Creators and Subscribers.
“Creator” means a User who uploads, distributes or publishes content on the platform for subscription access or general engagement.
“Subscriber” means a User who subscribes to access Creator content.
“Content” means all forms of data, materials, communications, audiovisual files, text, images, live or recorded media and any other work made available through the platform.
“Contribution” means any content submitted, uploaded, or shared by a User, whether publicly or privately, through the Services.
“Promotion” or “Advertisement” means any marketing, sponsorship, endorsement or paid promotion governed by the Advertising and Promotion Policy.
3. Eligibility and User Capacity
The Services are intended for use by individuals who are eighteen (18) years of age or older.
Users under the age of eighteen (18) are strictly prohibited from registering or using any feature of the Services. By creating an account, you affirm that you meet the eligibility requirements and accept full responsibility for your conduct on the platform.
4. Account Registration and Security
To access certain features of the Services, you must create a User account. You agree to provide accurate, current and complete information during the registration process and to update such information as necessary. You are solely responsible for safeguarding your account credentials and for all activities conducted under your account.
You shall not impersonate another person, use a false identity, or create multiple accounts to bypass any restrictions. In the event of unauthorized access or suspected compromise of your account, you must promptly notify us.
Excluvia shall not be liable for any loss or damage arising from your failure to comply with these obligations.
5. Nature of the Services and Subscriptions
Excluvia functions as a digital technology platform facilitating subscriptions between Creators and Subscribers. While payments are processed through third-party payment gateways currently PayStack for NGN transactions and Stripe for USD, GBP and EUR, Excluvia does not provide or warrant any Creator content and is not a party to the Creator-Subscriber contract.
Subscription payments are subject to VAT and currency conversion charges as mandated by applicable law (including the UK Standard VAT on international transactions). By subscribing, you authorize recurring charges through your selected payment method until cancellation.
Further detail is available in our Refund and Cancellation Policy, which forms part of these Terms.
6. Acceptable Use and Conduct
Users shall use the Services strictly in accordance with all applicable laws and regulations and in compliance with our Acceptable Use Policy, the Community Guidelines and any other relevant policies which forms an integral part of these Terms.
Without limitation, you agree not to:
a. Use the Services to upload or disseminate content that is unlawful, offensive, defamatory or harmful;
b. Interfere with the operation, integrity or security of the platform.
c. Engage in unauthorized access, scraping or data harvesting activities;
d. Attempt to misrepresent your identity, impersonate others or use bots or automation tools to interact with the Services;
e. Exploit, harass or endanger other Users.
Violations may result in temporary suspension, permanent deactivation of your account or referral to law enforcement authorities, as determined in our sole discretion.
7. User Contributions and Intellectual Property
7.1 Ownership of User Content
You retain full ownership of all content you create and post on the Platform, including but not limited to text, images, audio-visual works, music, artwork, comments and other user-generated materials (collectively, “User Content”), provided it is your original work and does not infringe upon the intellectual property rights of others.
7.2 License to Excluvia
By submitting, uploading or posting any User Content, you grant Excluvia a worldwide, non-exclusive, royalty-free, transferable and sub-licensable license to use, host, store, reproduce, adapt, publish, translate, create derivative works from, distribute, publicly display and promote such content for the purposes of operating, enhancing and promoting the Services.
When User Content is deleted, it will be removed from public display but may remain in backup copies or logs for legal or operational reasons.
7.3 Third-Party Content and Rights Clearance
You must ensure you have the appropriate rights, licenses, or permissions to upload or share content that includes third-party intellectual property. You must not upload material copied from third-party platforms, or copyrighted works (e.g., music, videos, or artwork) unless you hold the required license.
7.4 Prohibited Content
You shall not upload or distribute User Content that:
a. Infringes on any copyright, trademark, or other proprietary rights;
b. Includes AI-generated material imitating real persons, brands or protected likenesses without express consent;
c. Violates applicable law, Excluvia’s Community Guidelines, or the Acceptable Use Policy.
7.5 Remixed, Collaborative and AI-Generated Content
Where User Content is co-created or produced using artificial intelligence:
a. All co-creators must grant permission for use and distribution;
b. Use of names, images, or identifiable likenesses requires explicit consent;
c. Compliance with applicable copyright, publicity and privacy laws is mandatory.
7.6 Transformative Use and Fair Use
While certain content may qualify as “transformative” or under “fair use,” the responsibility for asserting such claims rests solely with you.
Excluvia disclaims liability for any misapplication or misinterpretation of these doctrines.
7.7 Takedown Requests and Infringement Complaints
Excluvia respects intellectual property rights and complies with global copyright standards. To report alleged infringements, submit a complaint to support@excluvia.com including:
a. Identification of the protected work and the allegedly infringing content;
b. Your full contact information;
c. A good-faith statement of unauthorized use and declaration of authority to act.
Alternatively, you may use in-app reporting features for real-time notifications.
We reserve the right to remove content or terminate accounts where we reasonably believe the Terms or Platform Policies have been breached, with or without prior notice and Users may appeal via appeals@excluvia.com.
7.8 Notices
If your content is removed in error, you may submit a counter-notification. Upon legal review, we may reinstate your content, where permissible under applicable law.
7.9 Repeat Infringer Policy
Accounts linked to repeated, validated copyright violations may face suspension or termination. See the Acceptable Use Policy for details on enforcement thresholds and appeal rights.
7.10 Disclaimer
Excluvia does not provide legal advice. You are solely responsible for ensuring that your User Content complies with copyright and intellectual property laws.
All content must comply with the Copyright Policy and Users are strictly prohibited from uploading infringing, obscene, or misleading material. Excluvia reserves the right to remove content that violates any of the Platform Policies or applicable law.
8. Advertising, Promotion and Sponsored Content
All advertising, sponsorship, affiliate marketing, brand collaboration and promotional activity conducted on or through the Platform must comply with the Advertising and Promotion Policy. This applies to Content Creators, Brands and Users alike.
Users must not misrepresent commercial relationships, fail to disclose material affiliations or make misleading or deceptive claims. Sponsored content must be clearly labeled as such and must not interfere with user experience or misappropriate personal data.
Any promotional activity that exploits vulnerable groups will be strictly prohibited. Repeated violations may result in suspension or permanent account termination, as determined solely by Excluvia.
9. Data Privacy, Information Security and Processing
Excluvia is committed to protecting your personal data in accordance with applicable data protection laws, including the Nigeria Data Protection Act 2023 (NDPA), Nigeria Data Protection Regulation 2019 (NDPR), the General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA), among others. By using the Services, you agree to the terms of this section and our Privacy Policy, which forms an integral part of these Terms.
9.1 Information Security Framework
Your use of the Services is also governed by Excluvia’s Information Security Policy, which forms an integral and binding part of these Terms. The Policy sets out the technical and organizational measures that govern how Excluvia protects its systems, networks, and user data.
9.2 Security Standards
Excluvia adheres to globally recognized information security frameworks, including ISO 27001, NIST 800-53 and PCI-DSS, and implements practices such as:
a. Encryption of data in transit (TLS 1.2 or higher) and at rest (AES-256);
b. Zero Trust architecture;
c. Real-time threat monitoring via a dedicated Security Operations Center (SOC);
d. Ongoing vendor risk assessments and third-party security audits.
9.3 User Responsibilities
You are responsible for:
a. Keeping your passwords secure, using complex credentials;
b. Promptly reporting any suspected breaches or suspicious activity;
c. Not using automated tools or scripts to interact with the platform;
d. Not engaging in any conduct that circumvents security controls.
9.4 Prohibited Conduct
You agree not to:
a. Tamper with security features or exploit vulnerabilities;
b. Introduce malware, bots, or phishing tools into the Services;
c. Attempt unauthorized access to data, systems or accounts;
d. Misuse our Services in a way that risks the confidentiality, integrity, or availability of data or infrastructure.
9.5 Breach Consequences
Any violation of the Information Security Policy may result in:
a. Immediate suspension or termination of access;
b. Legal consequences including liability for damages or regulatory penalties;
c. Reporting to relevant law enforcement or regulatory authorities.
9.6 Data Retention
Personal data is retained for as long as necessary to fulfill its intended purpose, comply with legal obligations, resolve disputes or enforce our rights. Usage data may be retained longer for analytics or security purposes.
9.7 Data Localization and Cross-Border Transfers
In any event where data is transferred outside of Nigeria, the EU, or other regulated jurisdictions, Excluvia ensures adequate safeguards are implemented, including standard contractual clauses, encryption, and data localization protocols as appropriate.
9.8 Incident Response and Recovery
In the event of a security incident, Excluvia will respond in accordance with its established response plan, which includes containment, user notification (where legally required), data restoration, and root cause analysis. Further details are outlined in our Information Security Policy.
9.9 Monitoring and Auditing
We continuously monitor our systems, logs, and user interactions to detect threats, ensure compliance, and maintain system integrity. These activities are governed by secure log management and internal audit frameworks.
9.10 Website-Specific Protections
Additional technical measures are in place to protect the Excluvia website and web-based services, including:
a. Advanced firewalls, WAFs, and Intrusion Detection Systems (IDPS);
b. DNS protection and bot mitigation strategies;
c. Secure Software Development Lifecycle (SSDLC) practices;
d. Accessibility security for all users, including those with disabilities.
9.11 Cookies and Similar Technologies
We use cookies and web analytics tags to enhance your experience, measure engagement and support targeted promotions. By using the Services, you consent to the use of these tools. You may manage cookie preferences via your browser settings.
Further information is available in our Cookie Policy.
9.12 Third-Party Services and Integrations
Where the Services integrate third-party features (e.g., payment processors, login via social media), data may be shared to the extent required to fulfill such integrations. You are encouraged to review the privacy practices of these third parties.
10. Suspension, Termination and Subscription Cancellations
10.1 User-Initiated Cancellations
Users may cancel active subscriptions through their account settings at any time. Access to the subscribed content will continue until the end of the current billing cycle. No prorated or partial refunds will be issued for unused time. Cancellation will take effect from the next billing cycle.
10.2 Creator-Initiated Cancellations
Creators who delete or deactivate their accounts will automatically trigger cancellations of all active subscriber memberships linked to that account at the end of the current billing cycle. Excluvia will not be responsible for any content loss or subscription disruption caused by voluntary account closure or inactivity by the Creator.
10.3 Platform-Initiated Suspension or Termination
Excluvia reserves the right to suspend, restrict, or permanently terminate access to any account, subscription, or content if:
a. You violate these Terms or any Platform Policy;
b. You engage in fraud, abuse, or conduct harmful to other Users;
c. You submit excessive or fraudulent chargebacks;
d. You provide false, misleading, or incomplete information.
No refunds will be issued for termination based on violations. You may appeal a decision by contacting appeals@excluvia.com.
10.4 Refunds and Chargebacks
Due to the nature of digital content, all payments are final and non-refundable except where required by applicable law. Excluvia may respond to chargebacks by providing relevant user and transaction data to payment providers.
Repeated or fraudulent chargebacks may result in account restriction, suspension, or reporting to financial authorities.
10.5 Force Majeure
Excluvia is not liable for disruptions, refund delays, or non-performance due to events beyond its control, including but not limited to cyberattacks, regulatory changes, natural disasters, or third-party payment failures.
11. Disclaimers and Limitation of Liability
Excluvia provides the Services on an “as-is” and “as-available” basis. To the fullest extent permissible by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, non-infringement, fitness for a particular purpose, or availability of uninterrupted service.
We shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of or inability to use the Services. Our maximum aggregate liability under these Terms shall not exceed the total fees paid by you to us, if any, in the six (6) months preceding the date of the claim.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of England and Wales and, to the extent applicable, the laws of the Federal Republic of Nigeria. Disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of London, United Kingdom, and the courts of the Federal Republic of Nigeria, unless otherwise agreed in writing.
Where mandatory arbitration is required by law or agreement, the parties shall resolve disputes through confidential, binding arbitration before a single arbitrator appointed under the rules of a recognized arbitral institution.
Any payment disputes, including chargebacks or refund-related disagreements, shall be resolved in accordance with the applicable law and the procedures outlined in our Refund and Cancellation Policy. Users agree not to initiate fraudulent chargebacks and understand that doing so may result in permanent account restrictions.
13. Modifications to Terms
We reserve the right to amend, revise, or replace these Terms at any time. In the event of material changes, we will notify Users through appropriate channels. Your continued use of the Services following the effective date of any changes constitutes acceptance of the updated Terms.
14. Contact Information
If you have any questions or concerns regarding these Terms or the Platform Policies, please contact us at:
General Inquiries: support@excluvia.com
Appeals & Enforcement: appeals@excluvia.com