Terms of Service

1. General Terms

1.1 Agreement

These Terms of Service ("Terms") are an agreement between you and Bizthom Services Ltd ("Bizthom", "we", "us", "our"), a company registered under the laws of the Federal Republic of Nigeria. These Terms govern your use of and access to our website at https://bizthom.com, all affiliated websites, subdomains, mobile applications, and our products and services (collectively, the "Services").

Our Privacy Policy and Acceptable Use Policy are incorporated by reference into these Terms. By using the Services, you agree to all of them.

As used in these Terms, "you" and "your" mean the person or business using or accessing the Services. "Vendor" or "Merchant" means any person or business that creates a store on the Bizthom platform. "Customer" or "Buyer" means any person who purchases products from a vendor's store.

1.2 About Us

Bizthom is a technology platform that provides e-commerce infrastructure to African businesses. We provide tools that help vendors create online storefronts, manage products and inventory, process payments, fulfill orders, engage customers, and grow their sales. Features include AI-powered sales tools, automated messaging, abandoned cart recovery, social proof, analytics, and other business management tools.

Any new features or tools added to the Services will be subject to these Terms. You can review the current version of these Terms at any time at https://bizthom.com/terms.

1.3 Our Relationship

We are an independent service provider. We provide the technology platform; we do not sell, manufacture, store, or ship any of the products listed on vendor stores. We are not a party to any transaction between a vendor and a customer. We do not guarantee the identity of any user, the quality of any product, or that any buyer or seller will complete a transaction.

We are not agents, partners, or joint venturers with any vendor or customer. Nothing in these Terms creates an employment, franchise, or agency relationship between you and Bizthom.

1.4 Eligibility

To use the Services, you must be at least 18 years old and legally capable of entering into binding contracts under Nigerian law. By using the Services, you represent that you meet these requirements.

If you are using the Services on behalf of a business, you represent that you have the authority to bind that business to these Terms.

1.5 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through a notice on the platform. Your continued use of the Services after such notice constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Services.

2. Account Terms

2.1 Registration

To access the Services, you must register for a Bizthom account ("Account"). During registration, you must provide your full name, email address, phone number (WhatsApp), and business name (collectively, "Account Information"). We may reject your application or cancel an existing Account at our discretion.

2.2 Accuracy of Information

You represent and warrant that all Account Information you provide is truthful, accurate, and current. You agree to update your Account Information promptly if anything changes. Providing false or misleading information is grounds for immediate account termination.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You are responsible for all activities that occur under your Account, whether or not you authorised them. You must notify us immediately at support@bizthom.com if you believe your Account has been compromised.

2.4 One Account Per Business

Each business may maintain one Account on Bizthom. Creating multiple accounts for the same business to circumvent platform restrictions, policies, or fees is prohibited.

2.5 Authorisation to Verify

By creating an Account, you authorise us (directly or through third-party service providers) to obtain, verify, and record information that helps us verify your identity and Account Information. This may include verification through payment processors, identity verification services, and other third-party databases.

3. Vendor Terms

This section applies specifically to vendors (merchants) who create stores on the Bizthom platform.

3.1 Your Store

When you create an Account, we generate a storefront for you hosted on a bizthom.com subdomain. You may also connect your own custom domain. You are responsible for the content, products, pricing, and accuracy of information on your store.

3.2 Your Content

"Your Content" means any text, images, videos, product descriptions, logos, or other material you upload to or display through the Services. By uploading Your Content, you grant Bizthom a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute Your Content solely for the purpose of providing and promoting the Services. This license ends when you delete Your Content or close your Account, except where Your Content has been shared with others and they have not deleted it.

You represent that Your Content is your own or that you have the necessary rights and permissions to use it. You are solely responsible for Your Content. Bizthom reserves the right to remove any Content that violates these Terms or our Acceptable Use Policy, with or without notice.

3.3 Product Listings

You are responsible for ensuring that your product listings are accurate, complete, and not misleading. This includes product descriptions, images, pricing, shipping information, and availability. You must not list any product or service that is prohibited under our Acceptable Use Policy .

3.4 Order Fulfillment

You are solely responsible for fulfilling orders placed through your store. This includes packaging, shipping, delivery timelines, and the quality of products delivered. Bizthom is not a fulfillment center and does not store, package, or ship products on your behalf.

If you use the distributor feature to onboard zone-based distributors, the arrangement between you and your distributors is your responsibility. Bizthom does not manage, supervise, or guarantee the performance of distributors.

3.5 Customer Communication

You are responsible for communicating with your customers regarding their orders, including order confirmations, shipping updates, and responses to enquiries. Bizthom provides communication tools (WhatsApp, SMS, email) to facilitate this, but the content and timeliness of your communications are your responsibility.

3.6 Compliance

You must comply with all applicable laws and regulations in connection with your use of the Services, including but not limited to consumer protection laws, tax obligations, product safety regulations, and data protection laws. You are solely responsible for collecting and remitting any taxes applicable to your sales.

4. Payments and Fees

4.1 Subscription Plans

Access to the Services requires a paid subscription. Our current plans are:

• Starter Plan: ₦15,000 per quarter
• Boss Plan: ₦30,000 per quarter
• Oga Plan: ₦50,000 per quarter

Subscription fees are billed quarterly and are non-refundable. We do not provide refunds or credits for partial subscription periods. We reserve the right to change our pricing at any time, with notice to existing subscribers before their next billing cycle.

4.2 Transaction Fees

When a customer makes a payment through your store, Bizthom deducts a platform fee of 1% of the transaction value, plus any applicable payment processing fees charged by our payment partners. The remaining balance is credited to your Bizthom wallet.

We reserve the right to change our transaction fees with prior notice.

4.3 Payment Processing

Customer payments are processed and held by our licensed payment processing partners (currently Paystack and Nomba). Bizthom does not directly hold customer funds. We maintain a ledger (wallet) that tracks each vendor's earnings.

When a customer makes a purchase, the payment is received by our payment processing partner, applicable fees are deducted, and the net amount is credited to your Bizthom wallet.

4.4 Wallet and Withdrawals

Your Bizthom wallet tracks your earnings from customer orders. To withdraw funds from your wallet to your bank account, you must:

• Complete BVN (Bank Verification Number) verification
• Provide and verify your bank account details
• Have a minimum balance of ₦500

Withdrawal fees are charged as follows:

• Withdrawals up to ₦5,000: ₦25 fee
• Withdrawals up to ₦50,000: ₦50 fee
• Withdrawals above ₦50,000: ₦75 fee

You may also set up automatic withdrawals at a frequency of your choosing. Withdrawal processing times depend on our payment partners and your bank, and Bizthom is not responsible for delays caused by third parties.

4.5 Settlement Delays

Customer payments are processed and held by our licensed payment processing partners. In certain circumstances, Bizthom may delay issuing withdrawal instructions to its payment partners. These circumstances include:

• A customer dispute or reported non-delivery
• A chargeback notification from our payment processing partner
• Reasonable suspicion of fraudulent or illegal activity
• A request or order from a law enforcement or regulatory authority
• A violation or suspected violation of these Terms or our Acceptable Use Policy

We will notify you of any delay and give you a reasonable opportunity to respond. Delays are temporary and will be resolved as quickly as possible.

5. Refunds and Disputes

5.1 Subscription Refunds

Subscription fees are non-refundable. You may cancel your subscription at any time, but you will not receive a refund for the remaining period of your current billing cycle. Your access to paid features will continue until the end of the current billing period.

5.2 Product Order Refunds

As Bizthom is not a party to transactions between vendors and customers, refund policies for product orders are the responsibility of each vendor. Vendors are expected to clearly communicate their refund and return policies to customers.

5.3 Dispute Window

Customers may raise a dispute regarding an order within 30 days of the expected delivery date. After this period, funds associated with the order are considered final.

5.4 Vendor Responsibility

Vendors are responsible for resolving customer disputes in good faith using the tools provided on the platform (order tracking, messaging, refund processing). If a vendor fails to resolve a legitimate dispute, Bizthom reserves the right to:

• Process a refund to the customer by debiting the vendor's wallet
• Delay future withdrawals until the dispute is resolved
• Suspend or terminate the vendor's account in cases of repeated or unresolved disputes

5.5 Chargebacks

If a customer initiates a chargeback through their bank or card issuer, Bizthom will debit the disputed amount from the vendor's wallet. If the vendor's wallet has insufficient funds, the outstanding amount will be recovered from future earnings. Any chargeback fees imposed by our payment processing partners will be passed on to the vendor.

6. Closers and Distributors

6.1 Closers

Vendors may onboard third-party sales agents ("Closers") to sell on their behalf on a commission basis. Closers are managed by the vendor, not by Bizthom. The vendor is responsible for setting commission rates, verifying closer identity, and managing the closer relationship.

Closers must provide bank account details which are verified through our payment processing partner's account resolution service. Commissions earned by closers are tracked within the platform and paid through the vendor's wallet.

6.2 Distributors

Vendors may onboard zone-based distributors to assist with order fulfillment in specific geographic areas. Distributors are managed by the vendor, not by Bizthom. The vendor is responsible for the distributor's performance, product handling, and delivery quality.

6.3 Bizthom's Role

Bizthom provides the technology tools to manage closers and distributors. We are not responsible for the actions, performance, or conduct of closers or distributors. Any disputes between vendors and their closers or distributors are between those parties and do not involve Bizthom.

7. Intellectual Property

7.1 Bizthom's Property

The Services, including the website, applications, software, designs, logos, AI tools, text, graphics, and all related intellectual property, are owned by Bizthom Services Ltd. You may not copy, modify, distribute, sell, or lease any part of the Services without our written permission.

7.2 Your Intellectual Property

You retain ownership of Your Content. The license you grant us under Section 3.2 does not transfer ownership. We will not use Your Content for purposes other than providing and promoting the Services without your consent.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation to you.

8. Acceptable Use Policy

You are responsible for complying with all applicable laws related to your use of the Services. By using the Services, you also agree to comply with our Acceptable Use Policy .

Violations of the Acceptable Use Policy may result in warnings, suspension, termination, or fund holds as described in the Acceptable Use Policy and these Terms.

9. Restrictions

You must not:

• Use the Services in any way that is unlawful, illegal, fraudulent, or harmful
• Use the Services to infringe the intellectual property rights of any third party
• Hack, tamper with, or attempt to gain unauthorised access to the Services or any related systems
• Use automated tools (bots, scrapers, crawlers) to access the Services without our written permission
• Distribute viruses, malware, or any harmful software through the Services
• Impose an unreasonable load on our infrastructure
• Attempt to reverse engineer, decompile, or disassemble any part of the Services
• Use the Services to collect personal information about other users without their consent
• Resell, sublicense, or commercially exploit the Services without our written permission
• Use data collected from the Services for unsolicited marketing (email, SMS, telemarketing)
• Circumvent any security, authentication, or access restriction measures on the Services

We reserve the right to suspend or restrict access to the Services at our discretion, including during maintenance or updates.

10. Privacy

We are committed to protecting your personal information. Our collection, use, and disclosure of personal information is governed by our Privacy Policy .

By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.

11. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BIZTHOM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, BIZTHOM DOES NOT WARRANT THAT:

• The Services will be available at all times or without interruption
• The Services will be error-free or that defects will be corrected
• The information provided through the Services is complete, accurate, or reliable
• Any products sold through vendor stores will meet customer expectations

BIZTHOM DOES NOT CONTROL THE QUALITY, SAFETY, OR LEGALITY OF PRODUCTS LISTED BY VENDORS, THE ACCURACY OF VENDOR LISTINGS, OR THE ABILITY OF VENDORS TO COMPLETE SALES OR CUSTOMERS TO COMPLETE PURCHASES.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIZTHOM, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, or anticipated savings
• Loss of data or business opportunity
• Loss of goodwill
• Cost of procurement of substitute services

IN NO EVENT SHALL BIZTHOM'S TOTAL LIABILITY TO YOU EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO BIZTHOM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IF NO FEES HAVE BEEN PAID, BIZTHOM'S TOTAL LIABILITY SHALL NOT EXCEED ₦50,000 (FIFTY THOUSAND NAIRA).

13. Indemnification

You agree to indemnify, defend, and hold harmless Bizthom, its affiliates, directors, officers, employees, agents, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms, the Acceptable Use Policy, or any applicable law
• Your Content or products listed on your store
• Any dispute between you and a customer, closer, distributor, or other third party
• Any claim that your products or Your Content infringe the rights of a third party

14. Termination

14.1 By You

You may close your Account at any time by contacting us at support@bizthom.com . Closing your account will not entitle you to a refund of any subscription fees. Any pending wallet balance will be processed for withdrawal to your verified bank account, subject to any outstanding disputes, chargebacks, or obligations under these Terms.

14.2 By Bizthom

We may suspend or terminate your Account at any time, with or without notice, for any reason, including but not limited to:

• Breach of these Terms or the Acceptable Use Policy
• Fraudulent, illegal, or harmful activity
• Excessive chargebacks or unresolved disputes
• Failure to provide accurate Account Information
• At the request of law enforcement or regulatory authorities
• Discontinuation of the Services

14.3 Effect of Termination

Upon termination:

• Your access to the Services will cease immediately
• Your store will be taken offline
• Any pending wallet balance will be processed for withdrawal, minus any amounts owed to Bizthom or held due to disputes, chargebacks, or policy violations
• We may retain your data as required by law or as necessary to resolve disputes
• Sections 5 (Refunds and Disputes), 7 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 16 (Governing Law), and 17 (Dispute Resolution) shall survive termination

15. Monitoring

Bizthom has the right, but not the obligation, to monitor your use of the Services, your store content, and your transactions for compliance with these Terms and the Acceptable Use Policy. Our determination of whether a violation has occurred is final and binding.

If we believe, in our sole discretion, that you have violated these Terms or the Acceptable Use Policy, we may take any action we deem appropriate, including but not limited to:

• Issuing a warning
• Removing offending content or product listings
• Delaying settlement or withdrawal instructions to our payment partners
• Suspending or terminating your Account
• Disclosing information related to the violation to affected customers, payment processing partners, banks, card networks, law enforcement, or regulatory authorities
• Recovering from you any costs, fees, penalties, or expenses (including reasonable legal fees) that we incur as a result of the violation

16. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria. In the event of any dispute, the parties submit to the exclusive jurisdiction of the courts of Delta State, Nigeria.

17. Dispute Resolution

17.1 Negotiation

The parties shall first attempt to resolve any dispute arising out of or in connection with these Terms through good faith negotiation within thirty (30) days from when the dispute arose.

17.2 Mediation

If the dispute cannot be resolved through negotiation, either party may refer the dispute to mediation under the rules of the Lagos Court of Arbitration or any other mutually agreed mediation body.

17.3 Litigation

If the dispute is not resolved through negotiation or mediation, either party may bring the dispute before a court of competent jurisdiction in Delta State, Nigeria.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Acceptable Use Policy and Privacy Policy , constitute the entire agreement between you and Bizthom and supersede all prior agreements, understandings, and communications relating to the subject matter.

18.2 Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall continue in effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

18.3 Waiver

No failure or delay by Bizthom in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any provision on one occasion does not constitute a waiver of that provision on any other occasion.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Bizthom may assign its rights and obligations under these Terms to any affiliate or successor.

18.5 Electronic Communications

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18.6 Force Majeure

Bizthom shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, power outages, internet disruptions, or actions of third-party service providers.

18.7 Third-Party Services

The Services may contain links to or integrations with third-party websites, applications, or services. Bizthom does not control and is not responsible for the content, privacy practices, or availability of third-party services. Your use of third-party services is at your own risk and subject to the terms and policies of those services.

19. Contact Us

If you have any questions about these Terms, please contact us:

• Email:support@bizthom.com
• Website:https://bizthom.com

Bizthom Services Ltd
Federal Republic of Nigeria