1. INTRODUCTION

Welcome to Philantify. These Terms of Service (ToS) govern your use of the Philantify platform, website, mobile application, and associated services. By accessing or using Philantify, you agree to abide by these terms. If you do not agree, please discontinue use of our services immediately.

1.1 Purpose of These Terms

Philantify is a philanthropic digital platform operated by the African Leadership and Capability Building Organization LTD/GTE. We connect donors, corporate sponsors, community members, delivery partners, and beneficiaries to fund and support social causes. These Terms of Service define the legal relationship between Philantify and its users, including:

Who can use Philantify and how to register.
The responsibilities of users, including donors, sponsors, and beneficiaries.
The terms governing submission of impact project, donations, sponsorships, and allocation of donated funds.
Our fees, security measures, and limitations of liability.
Dispute resolution mechanisms and legal compliance.

1.2 Acceptance of Terms

By accessing, registering for, or using Philantify, you confirm that you:

Have read, understood, and agreed to these Terms.
Are at least 16 years old (or meet your country's minimum age requirement).
Have the legal authority to accept these Terms on behalf of yourself or an organization you represent.

1.3 Changes to These Terms

Philantify reserves the right to update or modify these Terms of Service at any time. If material changes are made, we will:

Notify users via email or platform alerts.
Post the revised Terms on our website with the "Last Updated" date at the top.
Allow users to review and accept changes before they take effect.
Continued use of the platform after updates constitutes acceptance of the new Terms.

1.4 Legal Compliance

Philantify operates in compliance with global, national, and regional laws, including but not limited to:

Data Protection & Privacy Laws:
- General Data Protection Regulation (GDPR) – EU/UK
- California Consumer Privacy Act (CCPA) – USA
- Nigeria Data Protection Regulation (NDPR) – Nigeria
- Protection of Personal Information Act (POPIA) – South Africa
- Kenya Data Protection Act (DPA) – Kenya
Financial & Anti-money laundering Regulations:
- Anti-Money Laundering (AML) and Know Your Customer (KYC) laws apply to financial transactions on Philantify.
- Donations and sponsorships may be subject to tax reporting requirements in relevant jurisdictions.
- Delivery partners using Philantify platform are responsible for declaring funds received through Philantify if required by tax laws in their country.
Consumer Protection Laws:
- Users are entitled to clear, accurate information about submission of impact project.
- Philantify ensures compliance with electronic transaction laws governing online payments.
Intellectual Property & Content Protection:
- Users must not infringe copyright, trademarks, or intellectual property when posting content.
- Philantify reserves the right to remove copyrighted materials where there is a breach.
Prohibited Activities & Fraud Prevention:
- Philantify does not support illegal Impact projects, fraudulent transactions, or deceptive impact projects.
- Users must not engage in financial crimes, unauthorized solicitation, or misrepresenting impact project goals.
- We cooperate with law enforcement agencies when investigating fraud, scams, or misuse of funds.

Users must comply with all applicable laws and regulations when using Philantify. Failure to adhere may result in account suspension, legal action, or reporting to authorities where required.

1.5 Contact Information

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

📧 Email: support@philantify.com

📞 Phone: +234 913 969 4441

📍 Address:

Lagos, Nigeria

Plot 9, Gbagada Industrial Scheme, beside UPS, Gbagada-Oworonshoki Expressway, Lagos.

Mauritius Office

H21, Home Scene Building, Healthscape, Forbach, Mauritius

2. DEFINITIONS

2.1 Key Definitions

For the purpose of these Terms of Service, the following definitions apply:

"Platform" refers to Philantify's website, mobile application, and associated services.
"User" refers to any individual or organization that accesses or uses Philantify, including donors, sponsors, delivery partners, volunteers and beneficiaries.
"Account" refers to a registered profile on Philantify that enables users to access platform services.
"Donor" refers to individuals, organizations, or corporate entities who make voluntary contributions to impact projects through the Philantify platform.
"Donation" refers to any voluntary financial or material contribution made by individuals, organizations, or corporate entities through the Philantify platform to support a cause or impact project, without the expectation of direct commercial benefits or public recognition.
"Sponsor" refers to corporate entities or individuals who offer financial support to impact projects or initiatives listed on the Philantify platform.
"Sponsorship" refers to the financial support provided by a Sponsor to impact projects or initiatives listed on the Philantify platform.
"Impact Project" refers to an initiative designed and listed on the platform to address a specific social, environmental, or economic challenge, with measurable goals aimed at creating positive, sustainable change within a community or sector.
"Beneficiary" refers to an individual, nonprofit organization, or community whose lives are impacted by the impact project submitted by users.
"Delivery Partner" refers to a corporate entity responsible for executing and managing an impact project, ensuring that funds and resources are effectively allocated, used as intended, and achieve the desired outcomes.
"Third-Party Service Providers" refers to external vendors, such as payment processors, security providers, and data storage services, that assist in Philantify's operations.
"Fraudulent Activity" includes, but is not limited to, misrepresentation, financial scams, unauthorized impact project, money laundering, and any deceptive practices.
"Intellectual Property" includes copyrights, trademarks, trade names, and proprietary materials belonging to Philantify or any third parties.

3. USER ACCOUNTS & ELIGIBILITY

3.1 Who Can Use Philantify

Users must be at least 16 years old to create an account.
Users under the age of 18 may require parental consent in some jurisdictions.
Users must not have previously been banned from using Philantify due to violations of these Terms.
Organizations, corporations, and other entities must be legally registered to use Philantify for donations, sponsorships, or submission of impact project.

3.2 Account Registration

Users must provide accurate and complete information when registering.
Users are responsible for maintaining the confidentiality of their login credentials.
Users must immediately notify Philantify of any unauthorized account access.

3.3 Account Suspension & Termination

Philantify reserves the right to suspend or terminate accounts for violations of these Terms.
Users engaging in fraud, illegal activity, or platform abuse may be permanently banned.
Users may request account deletion, but certain data may be retained for legal compliance.

4. IMPACT PROJECT CREATION, DONATIONS & SPONSORSHIPS

4.1 Impact Project Rules

Users may submit impact project on Philantify, provided they adhere to all applicable laws and platform guidelines.
Impact project must provide a clear and accurate description of the cause, including detailed information about the project, its objectives, expected outcomes, and the intended beneficiaries. All relevant information must be presented transparently to ensure full understanding of the project's purpose.
Misrepresentation, fraud, or misleading claims are strictly prohibited and may result in account suspension or legal action.
Users must not submit projects that involve illegal activities, hate speech, discrimination, or violence.
Philantify reserves the right to remove or suspend any impact project that violates these terms or is deemed inappropriate.

4.2 Donations & Payment Processing

Donations are processed through secure third-party payment providers.
Users may donate via supported payment methods, including credit/debit cards, mobile payments, and bank transfers.
All donations are final and non-refundable unless required by law or in cases of fraudulent transactions.
Philantify does not guarantee that an impact project will reach its financial goals or that donations will be utilized exactly as outlined by the impact project creator.

4.3 Sponsorship Agreements

Sponsors may fund initiatives or partner with Philantify-approved projects.
Delivery partners handling sponsored projects may be required to enter into additional agreements upon the award of such projects, which will outline reporting obligations and ensure transparency in the use of funds.
Sponsors have no direct control over fund allocation but may receive reports on the funded cause.
Philantify reserves the right to decline sponsorships that conflict with the platform's ethical standards or legal obligations.

4.4 Use of Funds

Delivery partners awarded a project must ensure that funds are used exclusively for the purposes outlined in the award letter.
Misuse of funds by the delivery partner may result in legal action against the delivery partner, a request for a refund of the fund allocated to the philantify, and account suspension.
Beneficiaries may be required to provide documentation verifying fund usage.

4.5 Tax & Legal Considerations

Donations made through Philantify may or may not be tax-deductible, depending on local tax laws.
Users are responsible for ensuring compliance with tax laws in their respective countries.
Philantify does not provide tax advice and encourages users to consult a tax professional regarding tax obligations.

5. FEES & CHARGES

5.1 Platform Fees

Philantify will charge 1% of the total fees awarded to a Delivery Partner through Philantify for the execution of an impact project. This fee is used to cover platform maintenance, administrative costs, ongoing development, and updates to ensure the continued improvement and sustainability of the Philantify platform.

5.2 Payment Processing Fees

Third-party payment processors may charge additional fees for processing transactions.
Payment fees vary depending on the payment method, currency, and jurisdiction.
Users agree to cover any applicable transaction fees at the time of donation or sponsorship.

5.3 No Hidden Fees

Philantify is committed to transparency and does not impose undisclosed charges.
All applicable fees are displayed clearly during the transaction process.

5.4 Refund Policy

Philantify operates a strict No Refund Policy for all financial transactions made on the platform — this includes both funds deposited into Sponsor Wallets and donations allocated to impact projects.

This policy is in place to:

Prevent fraudulent activity and financial manipulation,
Ensure compliance with anti-money laundering regulations,
Maintain transparency and trust across all stakeholders, and
Protect the integrity and continuity of funding for verified impact projects.

5.5 Chargebacks

Users agree not to initiate chargebacks or disputes with payment processors unless there is a valid reason such as fraud. Any chargebacks initiated without valid cause may result in account suspension and legal action if deemed necessary.

5.6 Wallet

Every Sponsor on Philantify is provided with a Wallet — a personal funding account where money can be deposited in preparation for supporting impact projects. Funds in the Wallet represent a Sponsor's available balance but are not yet considered allocated or donated until the Sponsor selects a specific project and the funds are transferred accordingly. All deposits into the Wallet are non-refundable, regardless of whether they are eventually allocated or donated.
To ensure responsible use of the platform and mitigate the risk of misuse (including money laundering), Philantify reserves the right to automatically allocate uncommitted funds to verified impact projects after a maximum period of three (3) months from the date of each deposit. Each deposit is tracked independently, and its own 3-month countdown begins on the exact date it is received into the Wallet.

6. PROHIBITED ACTIVITIES & CONTENT

6.1 Prohibited Content

Users must not post, share, or promote content that is illegal, misleading, or violates the rights of others.
Prohibited content includes, but is not limited to:
- Hate speech, harassment, or discrimination based on race, religion, gender, nationality, disability, or any other protected characteristic.
- Content that promotes violence, terrorism, abuse, or illegal activities.
- Fraudulent or deceptive content, including false impact project.
- Content that infringes on the intellectual property rights of others.
- Pornographic, obscene, or sexually explicit material.
- Misinformation, false claims, or conspiracy theories intended to deceive users.

6.2 Prohibited Activities

Users must not engage in any activity that violates local, national, or international laws while using Philantify.
The following activities are strictly prohibited:
- Money laundering, fraud, or unauthorized financial transactions.
- Using Philantify for illegal impact projects including raising money for criminal organizations or unapproved political activities.
- Impersonating another person, entity, or organization.
- Attempting to hack, disrupt, or damage the platform or any related systems.
- Using bots, scripts, or automation tools to manipulate transactions or engagement.
- Attempting to bypass Philantify's security measures or gain unauthorized access to accounts.

6.3 Reporting Violations

Users may report violations of this section by contacting support@philantify.com.
Philantify reserves the right to remove content, suspend accounts, or take legal action against users who violate these policies.
Users who repeatedly engage in prohibited activities may be permanently banned from the platform.

7. USER RESPONSIBILITIES & CONDUCT

7.1 General User Responsibilities

Users must adhere to all applicable laws, regulations, and Philantify's policies while using the platform.
Users must provide truthful and accurate information in their profiles, impact project, and communications.
Users must ensure that their activities on the platform do not harm other users, third parties, or Philantify.

7.2 Ethical Conduct

Users must treat all individuals with respect and avoid any form of harassment, discrimination, or abusive behavior.
Users must not misrepresent themselves, their affiliations in any way or form.
Users must not engage in fraudulent, deceptive, or misleading practices while using the platform.

7.3 Security & Account Integrity

Users must keep their login credentials secure and not share their accounts with unauthorized individuals.
Users must report any suspicious activity or unauthorized access to their accounts to Philantify immediately.
Users must not attempt to hack, disrupt, or manipulate the platform's operations in any way.

7.4 Compliance with Third-Party Agreements

Users must comply with the terms and conditions of any third-party services integrated with Philantify, such as payment processors and financial institutions.
Users must not use Philantify's services to bypass or violate any contractual agreements they have with third parties.

7.5 Violations & Enforcement

Users who violate these responsibilities may face account suspension, termination, or legal action.
Philantify reserves the right to investigate and take necessary action against any user who breaches these terms.
Repeated or severe violations may result in permanent banning from the platform and reporting to relevant authorities.

7.6 User Responsibilities in Data Protection

Users are responsible for safeguarding any personal data they handle while using Philantify, especially donor and beneficiary data. This includes:

Not disclosing or sharing sensitive data (e.g., financial details, identification documents) without appropriate consent.
Ensuring that any data collected, shared, or processed through the platform is done in compliance with applicable privacy and data protection laws.
Using secure passwords, two-factor authentication (2FA), and other security measures to protect their accounts from unauthorized access.
Reporting any data security concerns or breaches promptly to Philantify.

Failure to adhere to these responsibilities may lead to account suspension, termination, or legal consequences.

8. CONTENT OWNERSHIP & INTELLECTUAL PROPERTY

8.1 User-Generated Content

Users retain ownership of any content they upload, post, or share on Philantify, including, images, and videos.
By submitting content, users grant Philantify a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute the content for platform operation and promotional purposes.
Users are responsible for ensuring that their content does not violate any intellectual property rights, copyrights, trademarks, or privacy rights of third parties.
Philantify reserves the right to remove or disable access to content that violates these terms or is subject to legal claims.

8.2 Enhanced User Privacy Rights

Users have the right to:

Access: Request a copy of their personal data stored by Philantify.
Correction: Update or correct inaccurate or incomplete personal information.
Deletion: Request permanent deletion of their data, subject to legal obligations and operational requirements.
Restriction: Request that processing of their personal data be temporarily restricted.
Objection: Opt-out of data processing for marketing and promotional purposes.
Data Portability: Request a machine-readable copy of their personal data for transfer to another service.

To exercise any of these rights, users should contact privacy@philantify.com. All requests will be processed within 30 days as per applicable data protection laws, and identity verification may be required before processing certain requests.

8.3 Philantify's Intellectual Property

All Philantify trademarks, logos, brand elements, software, and proprietary materials are the exclusive property of Philantify and may not be used without explicit written permission.
Users may not copy, distribute, modify, or create derivative works based on Philantify's platform, services, or branding.
Unauthorized use of Philantify's intellectual property may result in legal action.

8.4 Copyright Infringement

Philantify responds to valid copyright infringement claims.
If you believe your copyrighted work has been used without authorization, you may submit a copyright infringement notice to Philantify's designated agent.
Users who repeatedly upload infringing content may have their accounts suspended or terminated.

9. PRIVACY & DATA PROTECTION

9.1 User Data Collection

Philantify collects user data in accordance with its Privacy Policy.
Data collected may include personal information such as name, email address, payment details, and usage data.
Users consent to the collection, processing, and storage of their data when using Philantify.

9.2 How We Use Your Data

To provide and improve platform services, including submission of impact project, donations, and sponsorships.
To prevent fraud, enhance security, and comply with legal requirements.
To communicate important updates, notifications, and promotional content (with user consent).

Philantify does not sell user data.
Data may be shared with third-party service providers (e.g., payment processors, security services) as necessary for platform operations.
Philantify complies with GDPR, CCPA, NDPR, and other data protection laws when sharing user data.

9.4 User Rights & Control

Users can access, update, or delete their personal data through their account settings.
Users may request a copy of their stored data by contacting privacy@philantify.com.
Users may opt out of marketing communications at any time.

9.5 Data Security & Retention

Philantify uses encryption, access controls, and security audits to protect user data.
Personal data is retained only for as long as necessary for legal, compliance, and operational purposes.
In case of a data breach, Philantify will notify affected users in accordance with applicable laws.

9.6 International Data Transfers

User data may be stored or processed in countries outside the user's region.
Philantify ensures that international transfers comply with GDPR Standard Contractual Clauses (SCCs) or other legal safeguards.

10. PLATFORM AVAILABILITY & SERVICE DISRUPTIONS

10.1 No Guarantee of Uninterrupted Service

Philantify strives to provide reliable access to the platform but does not guarantee uninterrupted service.
Service disruptions may occur due to scheduled maintenance, technical issues, cyberattacks, force majeure events, or regulatory requirements.
Philantify is not liable for any losses or damages resulting from temporary service interruptions.

10.2 Scheduled Maintenance & Updates

Philantify may conduct system updates, security patches, or maintenance that may temporarily limit access to the platform.
Where possible, users will be notified in advance of major maintenance periods that may impact functionality.
Users are responsible for ensuring they back up any essential data, as Philantify is not responsible for data loss due to system updates.

10.3 Service Modifications & Feature Changes

Philantify reserves the right to modify, suspend, or discontinue any feature or functionality of the platform without prior notice.
Philantify may introduce new features, remove outdated tools, or change user interface elements as part of continuous improvement efforts.
Users agree that continued use of the platform after changes indicates acceptance of any modifications.

10.4 Third-Party Service Dependencies

Certain aspects of Philantify's platform rely on third-party services (e.g., payment processors, cloud hosting, analytics tools).
Philantify is not responsible for outages, errors, or disruptions caused by third-party service providers.
Users are encouraged to review the terms and service levels of any third-party services they interact with through the platform.

11. DISPUTE RESOLUTION & COMPLAINTS

11.1 Internal Resolution Process

Users are encouraged to resolve any disputes related to Philantify services by first contacting support@philantify.com.
Complaints must include relevant details, such as the nature of the issue, affected transactions, and any supporting evidence.
Philantify will investigate complaints and respond within a reasonable timeframe, typically within 30 days.

11.2 Mediation & Arbitration

If a dispute cannot be resolved internally, parties may agree to mediation facilitated by a neutral third party.
In cases where mediation fails, disputes may be subject to binding arbitration in accordance with the governing law specified in Section 12.
Arbitration shall be conducted in Nigeria and in the English language, with the costs shared equally unless otherwise determined by the arbitrator.
The arbitration can also be conducted virtually for the ease of both parties.

11.3 Governing Law & Jurisdiction

These Terms of Service are governed by the laws of Nigeria, without regard to conflict of law principles.
Any legal actions or proceedings related to Philantify services shall be brought exclusively in the courts of Nigeria.
Users agree to submit to the personal jurisdiction of these courts for resolving disputes.

11.4 Waiver of Class Actions

Users agree that disputes with Philantify will be resolved individually and not as part of a class, consolidated, or representative action.
Users waive any rights to participate in class actions against Philantify.

11.5 Exceptions to Arbitration

Philantify reserves the right to seek injunctive relief or file a lawsuit in a court of competent jurisdiction if a user violates intellectual property rights or engages in fraudulent activity.
Users may bring claims in small claims court if their dispute qualifies.

12. ACCOUNT TERMINATION & SUSPENSION

12.1 Voluntary Account Termination

Users may request to close their accounts at any time by contacting support@philantify.com.
Upon account closure, user data may be retained for legal and compliance purposes, as outlined in the Privacy Policy.
If a user has an active impact project or unresolved transactions, termination may be delayed until all obligations are settled.

12.2 Suspension & Termination by Philantify

Philantify reserves the right to suspend or terminate accounts that violate these Terms of Service, including but not limited to:
- Fraudulent activities or misrepresentation.
- Misuse of funds raised through the platform.
- Posting prohibited content or engaging in prohibited activities.
- Violations of data protection, financial, or impact project creation laws.
- Repeated complaints or reports of misconduct from other users.
Users whose accounts are suspended will be notified via email and may have the opportunity to appeal the decision.
If an account is permanently terminated, the user is prohibited from re-registering without Philantify's explicit approval.

12.3 Effect of Termination

Users whose accounts are terminated lose access to Philantify's services, including impact project management and donation history.
Any remaining funds in a terminated account may be refunded to donors or reallocated to other approved causes at Philantify's discretion.
Users are responsible for resolving any pending financial obligations related to their account before termination.

13. LIABILITY & DISCLAIMERS

13.1 No Warranty

Philantify provides its services on an "as-is" and "as-available" basis without any warranties, express or implied.
Philantify makes no guarantees regarding the accuracy, reliability, or availability of its platform or services.
Philantify disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

13.2 Limitation of Liability

To the fullest extent permitted by law, Philantify shall not be liable for:
- Any indirect, incidental, consequential, or punitive damages arising from the use of its platform.
- Any loss of donations, sponsorships, profits, or data due to technical issues, cyberattacks, or user misconduct.
- The actions or inactions of third-party service providers, including payment processors and cloud hosting services.
Philantify's total liability, if any, shall not exceed the amount of fees paid by the user in the past six (6) months prior to the event giving rise to the claim.

13.3 Indemnification

Users agree to indemnify, defend, and hold harmless Philantify, its affiliates, directors, employees, and partners from any claims, damages, losses, liabilities, or expenses arising from:
- Their use of the platform.
- Their violation of these Terms of Service.
- Any misrepresentation or illegal activity conducted using the platform.
Users must cover any legal costs Philantify incurs due to their violation of these terms.

13.4 Third-Party Content & External Links

Philantify may include links to third-party websites, services, or content, but does not endorse or assume responsibility for them.
Users access third-party sites at their own risk and should review their privacy policies and terms of use.
Philantify is not liable for any damages or losses caused by interactions with third-party services.

13.5 Force Majeure

Philantify shall not be held liable for any delay or failure to perform its obligations due to circumstances beyond its control, including but not limited to:
- Natural disasters, fires, floods, pandemics.
- War, terrorism, civil unrest.
- Power failures, cyberattacks, data breaches.
- Government actions or regulatory changes.
In such events, Philantify will attempt to restore services as soon as reasonably possible.

14. INDEMNIFICATION CLAUSE

14.1 Indemnification

Users agree to indemnify, defend, and hold harmless Philantify, its affiliates, directors, employees, and partners from any claims, damages, losses, liabilities, or expenses arising from:
- Their use of the platform.
- Their violation of these Terms of Service.
- Any misrepresentation or illegal activity conducted using the platform.
Users must cover any legal costs Philantify incurs due to their violation of these terms.

15. THIRD-PARTY LINKS & INTEGRATIONS

15.1 Third-Party Links

Philantify may include links to third-party websites, services, or content, but does not endorse or assume responsibility for them.
Users access third-party sites at their own risk and should review their privacy policies and terms of use.
Philantify is not liable for any damages or losses caused by interactions with third-party services.

15.2 Third-Party Integrations

Certain aspects of Philantify's platform rely on third-party services (e.g., payment processors, cloud hosting, analytics tools).
Philantify is not responsible for outages, errors, or disruptions caused by third-party service providers.
Users are encouraged to review the terms and service levels of any third-party services they interact with through the platform.

16. MODIFICATIONS TO THESE TERMS

16.1 Modifications

Philantify reserves the right to update or modify these Terms of Service at any time.
Users will be notified of any changes via email or platform alerts.
Users must review and accept the revised terms before continuing to use the platform.

16.2 Effect of Modifications

Continued use of the platform after modifications constitutes acceptance of the new terms.
Users who do not agree to the revised terms must discontinue use of the platform.

17. CONTACT INFORMATION & FINAL PROVISIONS

17.1 Contact Information