Terms of Service

General

Sierra Africa's websites ("Websites"), mobile applications ("Apps"), and related services (collectively, the "Service") are operated by Sierra Africa Limited ("Sierra Africa," "us," or "we"), a company registered in Nigeria with its office at 8 Levante Estate, Adesham Street, Bogije, Lagos State, Nigeria. By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms govern your access to and use of the Service, including any content, functionality, and services offered on or through the Service. Sierra Africa may amend, update, or change these Terms at any time. If we do so, we will post a notice of changes on the Websites for at least seven (7) days and update the "Last updated" date at the top of these Terms. Any revisions will become effective the earlier of (i) the end of the 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to these Terms, you are not authorized to use, access, or participate in the Service.

Eligibility, Age and Guardian Consent

You must be at least 13 years old to hold a Whollify account. We do not knowingly provide the Service to anyone under 13.

If you are 18 or over, you accept these Terms on your own behalf. If you are between 13 and 17, you may not accept these Terms yourself, and one of the following must apply:

• You joined through an institution. Your school, college or other institution accepts these Terms on your behalf and confirms to us that it has obtained any parental or guardian consent its own law requires. Your institution is responsible for that consent; we rely on its confirmation.
• You joined Whollify School directly. Your parent or legal guardian must review and accept these Terms, and by allowing you to use the Service they agree to be bound by them and to be responsible for your use of it, including any fees incurred.

A parent or guardian who accepts these Terms for a young person may exercise that person's rights under them, including cancelling a subscription and deleting the account. If you are a parent or guardian and believe your child holds an account you did not consent to, contact support@whollify.com and we will suspend it while we look into it.

You may not use the Service if you are barred from doing so under the laws of Nigeria or of your country of residence, or if your account has previously been terminated for breach of these Terms.

Description of Service

Whollify is a learning platform. An individual uses it to learn, research and keep a record of what they have done; an institution uses the same platform with a layer of control and structure over it. It is subject-agnostic, and nothing in it is specific to one field of study.

The Service is a single environment made up of apps: Messages, Courses, Assignments, Evaluations, Reputation, AI, Forum, Calendar, Classes, Records, Directory and Research. Which of them are available to you depends on your plan and, where you belong to an institution, on which apps that institution has enabled and what role you hold.

Assessment is chosen per activity, not by us. Work may be assessed by an instructor, by peers, automatically, or not at all. Whoever owns the activity decides which: a course creator for their course, an institution for its own courses, and you for your own personal work. Sierra Africa does not mandate a teaching method or an assessment method, and no part of the Service requires you to be evaluated by another person.

Sierra Africa may, in its sole discretion, update, change, suspend, improve, or discontinue any aspect of the Service, temporarily or permanently. Where we discontinue a feature you rely on, we will give reasonable notice unless we are prevented from doing so by law or by a security need.

The Service includes Research, the feature used to supervise and carry out research projects, which is governed by the section immediately below in addition to these Terms generally.

Research

Research is a feature of Whollify for supervising and carrying out academic research projects, including discovering and organising research papers, drafting and revising text, managing citations, keeping sources and revisions together, and exporting documents. It is part of the Service and is included in your Whollify subscription rather than sold separately (see "Subscriptions and Billing"). The following terms apply specifically to your use of Research.

Your Work and Your Sources

• Your documents. You retain ownership of the documents and written content you create in Research. You grant Sierra Africa a limited licence to store, process, and transmit that content to the providers and for the purposes described in our Privacy Policy, solely to operate the Service for you.
• Uploaded and third-party sources. Research papers and other materials you upload or add remain the property of their respective rights holders. You are responsible for ensuring you have the right to upload and use any material you add to a project, and for using it in accordance with applicable copyright law and the terms of the source. Sierra Africa stores and processes these materials only to provide the Service to you.
• No training on your content. We do not use your documents, uploaded sources, or writing-style samples to train publicly available AI models.

AI Assistance and Academic Integrity

Research is an assistive tool. It generates drafts, suggestions, summaries, and analysis that may contain errors, omissions, fabricated or inaccurate citations, or other inaccuracies. You are solely responsible for reviewing, verifying, editing, and approving all content before relying on or submitting it, including the accuracy of every citation and quotation. Any AI-detection, originality, style, or coherence indicators Research provides are advisory estimates only and are not guarantees of any particular outcome.

You are responsible for ensuring that your use of Research complies with the academic-integrity policies, honour codes, and submission rules of your institution, publisher, or any other body to which your work is submitted. Some institutions restrict or prohibit the use of AI writing tools. Sierra Africa does not warrant that work produced with Research will be accepted by, or compliant with the policies of, any institution or publisher, and is not responsible for academic, disciplinary, or other consequences arising from your use of the tool.

Acceptable Use of the Service

You are responsible for your use of the Service and any use made through your account. You must comply with Sierra Africa's Community Guidelines. Prohibited conduct includes, but is not limited to:

• Cheating: submitting work that is not yours, misrepresenting authorship, or manipulating submissions, evaluations, attendance or grading.
• Grading in bad faith as a peer evaluator, trading favourable scores, or coordinating with another user to influence an outcome.
• Using scripts, bots or automated tools to obtain an advantage in assessment, reputation, or progression, or to interfere with how the platform records any of them.
• Harassing, threatening, demeaning or discriminating against anyone during an evaluation, in messages, in the forum, or anywhere else on the platform.
• Sharing or soliciting personal information that could compromise another person's privacy or safety, or recording another user without their knowledge.
• Accessing another user's account, another institution's tenant, or any part of the Service you have not been granted access to.
• Scraping, crawling, or bulk-extracting content, coursework or directory data from the Service.
• Probing, scanning or testing the security of the Service without our prior written permission, or interfering with its integrity or performance.
• Uploading malware, or submitting code intended to escape or subvert our execution sandboxes.
• Reselling, sublicensing or making the Service available to third parties outside your institution.

Additional Terms

Certain features, such as Whollify Pro or Whollify Max subscriptions, may have additional terms and conditions ("Additional Terms"). These will be made available when you access those features. By using such features, you agree to the applicable Additional Terms.

Registration

To use the Service, you must register with accurate, current and complete information. Where your institution creates your account, it supplies that information on your behalf. You agree to:

• Maintain the confidentiality of your password and account credentials.
• Promptly update your registration information to keep it accurate and complete.
• Be fully responsible for all activity conducted through your account.
• Notify us at support@whollify.com immediately if you become aware of unauthorised use of your account.

One account is for one person. You may not share your credentials, and you may not let another person sit an evaluation, complete coursework, or take an assessment as you.

Institutional Tenants

Where a university, polytechnic, secondary school, bootcamp or other institution licenses Whollify, that institution operates its own tenant: its own students, staff, roles, courses, admissions and records, logically separated from every other institution on the platform. These Terms apply to your use of the Service; the commercial and data protection terms between Sierra Africa and your institution are agreed separately with that institution and are not varied by these Terms.

If you received your Whollify account from an institution, the following apply. Your institution, not Sierra Africa, determines your role and permissions, sets academic policy, decides what constitutes an official result, and signs off on what enters your academic record. Sierra Africa produces and stores the record; it does not set the policy that record is judged by. Your institution may add, suspend or remove accounts within its tenant, and may access content you create within it in accordance with its own policies and applicable law.

Institutions are responsible for the accuracy of the data they enter or import, for the lawful basis on which they collect it, for obtaining any guardian consent required for pupils under 18, for the roles they grant their staff, and for informing their students and staff about how the institution uses the platform. Institutions are also responsible for records they are required by law or by their regulator to retain, including after a student leaves.

Where these Terms and an institution's own policies both apply to you, and they conflict on a matter within the institution's authority (academic policy, grading standards, conduct, retention of academic records), the institution's policies govern. Nothing in an institution's policies can extend Sierra Africa's obligations or liabilities beyond these Terms.

Whollify School

Whollify School is the community Sierra Africa runs on its own platform, for individuals who join directly rather than through an institution. If you received your account from an institution, the section above governs instead.

There is no application, no entrance assessment, no intake to wait for and no cohort. You sign up and you have an account. Members are not studying the same thing and do not progress through shared deadlines: one person is taking a course, another is running a research project, another is preparing for an exam of their own.

What Whollify School gives you is the community around the platform:

• Finding other people working on similar things, and discussion with them.
• Study groups, peer assistance and shared projects.
• Peer evaluation, where you and another member choose to use it.
• Reputation earned through what you have actually done, and community events.

None of this is compulsory. You can use Whollify entirely on your own, and nothing in these Terms requires you to work with another member. There is no teacher in Whollify School, so where you do choose to be evaluated by a peer, the rules in Community Guidelines are what hold that honest. You may evaluate work of a kind you have passed yourself.

Sierra Africa may suspend or remove an account from Whollify School for breach of these Terms or the Community Guidelines. We do not remove accounts for inactivity.

Your Representations and Warranties

You represent and warrant that:

• You meet the eligibility requirements above, and where you are under 18, a parent, guardian or institution has accepted these Terms on your behalf.
• Your use of the Service complies with these Terms and all applicable laws, rules, and regulations in Nigeria and your jurisdiction, including those related to online conduct and data transmission.
• Any content you submit (coursework, written work, peer evaluations, forum posts) is your own or you have the legal right to submit it and to grant Sierra Africa the licences described below.
• You are not located in, or ordinarily resident in, a country subject to comprehensive trade sanctions, and you are not named on any Nigerian, United Nations, United Kingdom, European Union or United States sanctions or denied-party list.

Submission of Content and IP Ownership

Your Work

You retain ownership of the coursework you produce and submit to Whollify: source code, written work, designs, datasets, recordings and anything else you author ("Your Work"). Sierra Africa does not claim ownership of it. By submitting Your Work through the Service, you grant Sierra Africa Limited a worldwide, royalty-free, non-exclusive licence to use, copy, analyse, store, and display Your Work for the following limited purposes:

• Storing and displaying it back to you, and to anyone you share a project with.
• Running automated grading and quality analysis on it, where the activity is assessed that way.
• Making it accessible to a peer evaluator during an evaluation, where the activity is assessed that way, and to the staff of your institution in accordance with its policies.
• Producing your record of what you have done: submission history, results, and the audit trail behind each entry.
• Internal analytics to improve the platform's grading accuracy and quality benchmarks.

This licence does not permit Sierra Africa to sell Your Work, publish it publicly, or use it as training data for externally distributed AI models without your separate consent. It lasts as long as we hold the work under the retention periods in our Privacy Policy, and ends when the work is deleted or anonymised.

Other Content You Submit

For other material you submit to the Service, such as peer evaluation comments, forum posts, messages and profile content ("Other Content"), you grant Sierra Africa Limited a royalty-free, worldwide, non-exclusive, transferable and sublicensable licence to use, reproduce, adapt, modify and distribute that content for the purpose of operating and improving the Service and the community around it. You represent that Your Work and Other Content do not:

• Violate any third-party rights (e.g., copyright, trademark, privacy).
• Contain libelous, defamatory, abusive, threatening, or offensive material.
• Violate Sierra Africa's Community Guidelines or restrict others' use of the Service.

Feedback

If you send us suggestions, feature requests, bug reports or other feedback about the Service ("Feedback"), you grant Sierra Africa a perpetual, irrevocable, worldwide, royalty-free licence to use it without restriction or obligation to you. Feedback is given voluntarily and is not confidential. We are free to implement it, ignore it, or build something similar independently, and you are not entitled to compensation or attribution for it. Nothing here transfers ownership of any pre-existing intellectual property you disclose in Feedback.

AI-Generated Content

AI-powered features (e.g., hints, feedback, grading commentary or mentorship) are provided for educational purposes only. Such content may be inaccurate or incomplete and is not intended for legal, medical, financial, production or other professional use. Sierra Africa makes no warranties regarding the accuracy or suitability of AI-generated content for any purpose beyond learning, and you are responsible for reviewing it before relying on it.

Grading Disputes

Where an activity is assessed, the result is recorded against your submission. Depending on what the activity uses, that result may come from an instructor, from a peer evaluation, from automated grading, or from more than one of these in parallel. This section is also the route by which you exercise your right to human review of an automated decision, as described in our Privacy Policy. If you believe a result is incorrect, inaccurate, or was obtained improperly, you may raise a formal dispute as follows. Where your institution set the activity, we may refer the dispute to it, because academic judgement is the institution's to exercise.

Grounds for Dispute

Valid grounds for a grading dispute include:

• The AI grade appears to reflect a technical error (e.g., the grader ran against the wrong repository or commit, or the submission was truncated).
• The peer evaluator did not follow the evaluation rubric or asked questions outside the project scope.
• The peer evaluator behaved dishonestly, coercively, or in violation of the Community Guidelines during the session.
• A technical failure (e.g., connectivity issues or platform error) materially disrupted the evaluation session.

Dissatisfaction with a grade alone, without supporting grounds, is not sufficient basis for a dispute. This does not limit your statutory right to request human review of a decision made solely by automated means, which you may exercise regardless of grounds.

Dispute Process

• Submission window: Disputes must be raised within 7 days of the grade being published to your account. Disputes submitted after this window will not be reviewed, save where a statutory right applies.
• How to submit: Email support@whollify.com with the subject line "Grading Dispute: [Your Username] - [Project Name]." Include your account email, the project name and submission date, the specific grade you are disputing (AI grade, peer grade, or both), and a clear description of the grounds for your dispute.
• Review: We acknowledge your dispute within 1 business day. A member of Sierra Africa's staff, not an automated system, then reviews it and reaches a decision within 10 business days. We may review session records, evaluator history, or Sia grading inputs as part of that review.
• Outcome: We will notify you of the outcome by email. Possible outcomes include: grade upheld, grade revised, or evaluation session voided and rescheduled. Where your institution is the controller of your academic record, our review is provided to the institution, which decides what it means for your official result.

Sierra Africa reserves the right to investigate and sanction peer evaluators found to have graded dishonestly or in bad faith, up to and including permanent removal from the platform.

Beta and Early-Access Features

We sometimes make features available marked "beta", "preview", "early access", "experimental" or similar. Using them is your choice. Beta features may be changed or withdrawn at any time without notice, may be less reliable or available than the rest of the Service, may not have been through the same security review, and may produce results that are lost when the feature changes. They are provided "AS IS", without warranty, indemnity or any support commitment, and our total liability in connection with a beta feature will not exceed ₦50,000. Do not use a beta feature for work you cannot afford to lose or repeat.

Subscriptions and Billing

Subscription Tiers

Whollify is sold on two ladders:

• For individuals: Whollify Free, Whollify Pro and Whollify Max.
• For institutions: Department, which is bought online at a fixed price for a set number of students, and Enterprise, which is quoted and governed by a separate signed agreement. Where an Enterprise agreement exists, it prevails over these Terms to the extent of any conflict.

Current prices, tiers and limits are published on our pricing page, which forms part of these Terms. Every app in the Service, including Research, is available on every tier: what changes with price is capacity, such as AI usage, evaluation time and the depth of the record you can export. No app is withheld from a lower tier.

Free Accounts

Whollify Free is provided without charge and up to the limits published on our pricing page. It is provided "AS IS" and we may change its limits, suspend it, or discontinue it at any time, for any reason, without liability to you. Usage beyond the published limits requires a paid plan.

Automatic Renewal

Paid subscriptions (Whollify Pro and Whollify Max) are auto-renewing and billed on a recurring basis via our payment processor (Stripe or Paystack, depending on your region and payment method) until you cancel. After the initial subscription period, subscriptions renew automatically for equivalent periods at our then-current price for that plan. We will tell you before a price change takes effect at your next renewal. To cancel or change a subscription, log in to your Whollify account and follow the instructions. Cancellation takes effect at the end of the current billing period, and you retain access until then.

Fees and Taxes

You agree to pay all fees and applicable taxes incurred through your account. All payment information must be accurate, complete, and current, and you are responsible for all charges incurred via your payment method. If a payment fails, we may retry it and may suspend access to paid features until it succeeds.

Refunds and Cancellation

Refund and cancellation terms are set out in full in our Refund and Cancellation Policy, which forms part of these Terms. In summary: you may cancel at any time and keep access until the end of the period you have paid for; we do not pro-rate part-used periods; and statutory rights, including the withdrawal right available to consumers in the EEA and the UK, are unaffected.

Third-Party Services

The Service may integrate with or link to third-party platforms, for example GitHub, where project repositories may be hosted, our payment processors, and Discord, which hosts an optional community server. Live evaluation sessions take place in video rooms Whollify operates, not on a third-party service. Third-party platforms are subject to their own terms and privacy policies, which you must comply with. Sierra Africa is not responsible for the actions, inactions, availability or content of any third-party service, and your use of one is at your own risk. The providers that process personal data on our behalf are listed on our sub-processors page.

Confidentiality

Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure ("Confidential Information"). This includes, on our side, non-public aspects of the platform and any pricing agreed with an institution, and on yours, unpublished coursework and assessment materials.

Each party will use the other's Confidential Information only as necessary under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisers bound by equivalent obligations. This does not apply to information that is or becomes public without breach, was already known without obligation, or is independently developed. Either party may disclose Confidential Information where required by law, giving the other reasonable notice where lawful.

If you hold a staff, evaluator or administrative role, you must treat other people's coursework, grades, messages and records as confidential and use them only for the purpose your role exists for.

No Representations or Warranties

The Service, including all content, AI-generated materials, and features, is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. Sierra Africa does not guarantee the accuracy, availability, completeness, or error-free operation of the Service. Access may be unavailable during peak demand, system upgrades, maintenance, or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties or of statutory consumer guarantees, so these exclusions may not apply to you; nothing in these Terms excludes liability that cannot lawfully be excluded.

Limitation of Liability

To the maximum extent permitted by law, Sierra Africa will not be liable for indirect, incidental, special, consequential, or exemplary damages arising from your use of or inability to use the Service, including loss of data, profits, or business interruption, even if Sierra Africa was advised of the possibility of such damages. Sierra Africa's total aggregate liability to you, regardless of the cause of action, is limited to the greater of the amount you paid for the Service in the 12 months prior to the claim or ₦50,000. This limitation applies regardless of the number of claims.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded. For consumers in the EEA and the UK, that includes liability under mandatory consumer protection law.

Indemnification

You agree to defend, indemnify, and hold harmless Sierra Africa Limited, its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from any losses, claims, liabilities, damages, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms or of the Community Guidelines.
• Any false representation you make under these Terms.
• Any claim that content you submit infringes third-party rights or violates applicable laws.

This section does not apply to a consumer to the extent applicable law does not permit it, and does not apply to your ordinary use of the Service in accordance with these Terms.

Termination and Data on Cancellation

Termination by Sierra Africa

Sierra Africa may suspend or terminate your access to the Service where you breach these Terms or the Community Guidelines, where required by law, or where continued access poses a risk to other users or to the platform. Except where the breach is serious, or where notice would defeat the purpose of the suspension, we will tell you why and give you an opportunity to put it right. Where your account was created by an institution, that institution may also suspend or remove it within its own tenant.

The following sections survive termination: Submission of Content and IP Ownership, Feedback, Confidentiality, Indemnification, Subscriptions and Billing (as to amounts already due), No Representations or Warranties, Limitation of Liability, Proprietary Rights, Trademarks, Governing Law, Choice of Forum, Dispute Resolution and Arbitration, Notices, and Miscellaneous.

Cancellation by You

You may cancel your subscription or delete your account at any time through your Whollify account settings or by contacting support@whollify.com.

• Subscription cancellation: Cancelling a Whollify Pro or Whollify Max subscription stops future billing and you retain access to paid features until the end of your current billing period. See the Refund and Cancellation Policy.
• Account deletion: If you delete your account, your profile, your learning progress and your record are immediately deactivated and removed from view. Underlying data is retained for the periods set out in our Privacy Policy, then permanently deleted or anonymised.
• Records held by an institution: If your account was created by an institution, deleting it does not delete the academic records that institution holds in its tenant. The institution decides how long those are kept; ask it directly.
• Code repositories: Where you submitted work as a repository and that repository is hosted on a third-party service such as GitHub, deleting your Whollify account does not delete it there. We revoke our own access, and you manage the repository through that service. A repository hosted on Whollify's own infrastructure is deleted with your account, subject to backup rotation.
• Data export: Before deleting your account, you may request a copy of your personal data by emailing support@whollify.com. We fulfil export requests within 30 days.
• Payment processor records: Transaction records held by Stripe or Paystack are governed by those processors' own retention policies and are not deleted by Sierra Africa on cancellation.

Proprietary Rights

All content available through the Service that is created by Sierra Africa, including platform designs, text, graphics, software, and their arrangement ("Service Content"), is the proprietary property of Sierra Africa Limited or its licensors. You may not copy, distribute, reproduce, or sell Service Content except as expressly permitted by these Terms.

As described in the Submission of Content and IP Ownership section above, you retain ownership of the coursework you author. Sierra Africa's rights in it are limited to the licence you grant under that section. Platform-level activity data generated from your use of the Service, including grading scores, evaluation records and reputation aggregates ("Platform Activity Data"), is owned by Sierra Africa and used to operate and improve the Service. Where that data is personal data, our Privacy Policy governs how it is handled and your rights over it are unaffected by this section.

Trademarks

"Whollify", "Sierra Africa", the Whollify mark, and related trademarks, service marks and logos are the property of Sierra Africa Limited or its licensors. Your use of the Service does not grant you any right to use them without our prior written permission.

Publicity

Where you are an institution that licenses Whollify, we may identify you as a Whollify customer by name and logo on our website and in marketing materials, subject to any brand usage guidelines you give us and to your right to withdraw that permission on written notice to hello@whollify.com. Any other use of your name, and any use of ours, requires the other party's prior written consent. We do not use an individual student's name, image or work in marketing without their separate, specific permission, and we never do so for a user under 18.

License to Apps

Sierra Africa grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form on a device you own or control, subject to these Terms. You may not reverse engineer, decompile, disassemble, or derive the source code of any App, except to the extent that restriction is prohibited by applicable law. Sierra Africa retains all intellectual property rights in the Apps. For Apps downloaded from the Apple App Store, the following additional terms apply:

• These Terms are between you and Sierra Africa, not Apple. Apple is not responsible for the Apps or their content.
• Your use of the Apps must comply with the Apple App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the Apps.
• In case of any App failure to conform to applicable warranties, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligations.
• Sierra Africa, not Apple, is responsible for addressing claims related to the Apps, including intellectual property infringement, to the extent required by these Terms.
• Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the Apps and may enforce these Terms against you.

Apps distributed through Google Play are additionally subject to the Google Play Terms of Service, and Google is not a party to these Terms.

Privacy

Your use of the Service is governed by Sierra Africa's Privacy Policy, which explains what we collect, why, who processes it, and what rights you have over it. Where we act as a processor for an institution, that institution's own privacy notice also applies to you.

Copyright Infringement Notices

If you believe content on the Service infringes your copyright, you may submit a notice to Sierra Africa's Copyright Agent pursuant to applicable copyright law, including:

• Your physical or electronic signature.
• A description of the copyrighted work claimed to be infringed.
• A description of the infringing material's location on the Service.
• Your contact information.
• A statement of good faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

Send notices to:

If you believe content was wrongly removed, you may submit a counter-notice with your signature, identification of the removed content, a statement of good faith belief, and your contact information. Sierra Africa will forward counter-notices to the original claimant. If no legal action is filed within 10 business days, Sierra Africa may reinstate the content. We terminate the accounts of repeat infringers.

Governing Law

These Terms are governed by the laws of the Federal Republic of Nigeria, excluding conflict of law provisions. If you are a consumer resident in the EEA or the UK, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence.

Choice of Forum

Subject to the arbitration provision below, all legal proceedings related to these Terms or the Service must be brought in the courts of Lagos State, Nigeria, and you consent to their jurisdiction and waive objections to venue. If you are a consumer resident in the EEA or the UK, you may instead bring proceedings in the courts of your country of residence, and this clause does not remove that right.

Dispute Resolution & Arbitration

Any dispute or claim seeking monetary relief related to these Terms or the Service must be resolved through binding individual arbitration as follows:

• Notice of Claim: The claimant must send a written notice to the other party via email or certified mail, including the claimant's name, address, contact information, counsel (if any), the nature of the claim, and the relief sought.
• Settlement Conference: Within 30 days of receiving the notice, the parties must hold at least one good-faith settlement conference by phone or video, with the claimant (or an authorized representative) present. This is a precondition to commencing arbitration.
• Arbitration Process: If no settlement is reached, arbitration will be conducted by a single arbitrator through the Lagos Court of Arbitration (LCA) under its Consumer Arbitration Rules, or another agreed-upon organization. Arbitration will be in English and seated in Lagos.
• Small Claims Option: Either party may choose to have a claim heard in small claims court if within its jurisdiction, instead of arbitration.
• Multiple Claims: If 25 or more similar claims are filed, the LCA's rules for multiple case filings apply.
• Opt-Out: You may opt out of arbitration by emailing support@whollify.com within 30 days of first accepting these Terms, stating your name, the email address on your account, and that you want to opt out of the arbitration agreement. Opting out does not affect any other part of these Terms.
• Injunctive Relief: Either party may seek non-monetary injunctive relief in court without arbitration.

Nigerian Residents

If you are a Nigerian resident, you may report complaints to the Federal Competition and Consumer Protection Commission (FCCPC) at Plot 1105, Cadastral Zone B04, Asokoro District, Abuja, Nigeria, or through their website at fccpc.gov.ng. Data protection complaints go to the Nigeria Data Protection Commission at ndpc.gov.ng.

EEA and UK Consumers

If you are a consumer resident in the European Economic Area or the United Kingdom, you have a statutory right to withdraw from a subscription within 14 days of purchase, without giving a reason. To withdraw, tell us at support@whollify.com within that period. We will refund what you paid within 14 days of being told.

Where you ask us to begin providing the Service during the withdrawal period, which is what happens when you start using a paid plan immediately, you may still withdraw, but we may deduct an amount proportionate to the service already supplied. If you confirm you want immediate access and acknowledge that you lose the withdrawal right once the service has been fully performed, that acknowledgement applies.

Nothing in these Terms affects your statutory rights as a consumer, including the right to a service performed with reasonable care and skill and to a remedy where it is not.

Notices

We may give you notice by email to the address on your account, by a message within the platform, or by posting on the Websites. Notices to us must be in writing and sent to Sierra Africa Limited, 8 Levante Estate, Adesham Street, Bogije, Lagos State, Nigeria, marked for the attention of the Legal Department, with a copy to support@whollify.com. A notice is effective on personal delivery, or on the second business day after posting, or on the day after sending by email where no delivery failure is received.

You are responsible for keeping a current, deliverable email address on your account. A notice we send to the address on file is effective even if you do not read it.

Force Majeure

Except for payment obligations, neither party is liable for any delay or failure to perform caused by an event beyond its reasonable control that could not have been avoided by reasonable diligence, including acts of God, flood, fire, earthquake, epidemic, civil unrest, acts of terrorism, war, acts of government, strikes, and failures of power, telecommunications, internet service providers or hosting facilities outside its control. The affected party will notify the other promptly and take reasonable steps to mitigate.

Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, Community Guidelines and Refund and Cancellation Policy, constitute the entire agreement between you and Sierra Africa regarding the Service and supersede all prior understandings on its subject matter. Where an institution has a separate signed agreement with us, that agreement governs the institution's licence and prevails over these Terms to the extent of any conflict.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining Terms remain in effect.

Waiver. A failure or delay in exercising any right under these Terms is not a waiver of it, and the exercise of one remedy does not preclude another. Remedies are cumulative and in addition to those available at law.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in their entirety to an affiliate, or in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets. Any attempted assignment in breach of this clause is void.

Subcontractors. We may engage subcontractors and sub-processors bound by obligations no less protective than these Terms, and we remain responsible for their performance of any obligation we have subcontracted.

No third-party beneficiaries. These Terms are for the benefit of you and Sierra Africa and our respective successors and permitted assigns only. Nobody else acquires a right to enforce them, except Apple as stated under "License to Apps".

Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship between you and Sierra Africa.

Export control and sanctions. You may not access or use the Service in breach of any applicable export control or sanctions law, or make it available to any person on a denied-party list.

Language. These Terms are drafted in English, and the English version governs any translation we provide.