Terms of Service
Doc Ref: TIL-TOS-001 | Version 2.0
Important: please read these Terms carefully. By accessing or using the Trustiva platform, you agree to be bound by these Terms. If you do not agree, do not use our Services.
1. About Trustiva
Trustiva International Ltd. ("Trustiva", "we", "us") is a technology company incorporated under CAMA 2020, RC No. 9270707, Abuja FCT, Nigeria. We provide trust infrastructure for social commerce, comprising: (a) Escrow Facilitation — a technology service through which transaction funds are held by a licensed partner institution and released on confirmed delivery; (b) Payment Facilitation — API-based integration with licensed payment providers; and (c) KYC/AML Solutions — identity verification and compliance. Trustiva operates in partnership with licensed financial institutions and CBN-licensed payment service providers, and under applicable Nigerian law.
2. Eligibility
To use our Services you must: (a) be at least 18 years of age; (b) be legally capable of entering binding contracts under Nigerian law; (c) not be subject to any regulatory or legal prohibition from using our Services; and (d) for businesses, be duly incorporated in Nigeria or a permitted jurisdiction. By using our Services, you represent and warrant that you meet these requirements.
3. Account registration & KYC
- You must create an account to access most Services and provide accurate, current and complete information.
- KYC: pursuant to the CBN AML/CFT Regulations 2022 and the Money Laundering (Prevention and Prohibition) Act 2022, all users must complete identity verification — NIN/BVN, government ID and proof of address; businesses: CAC documents and TIN.
- You are responsible for maintaining the confidentiality of your credentials.
- Notify us immediately at support@trustiva.ng of any unauthorised access.
4. Escrow facilitation services
4.1 Non-custodial model. Trustiva is a technology service provider that facilitates escrow. Trustiva does not hold, control, receive, or take custody of customer funds at any time. All escrow funds are held by a licensed financial institution or CBN-licensed payment service provider (the "Custodian Partner") in designated accounts maintained for that purpose, separate from Trustiva's own operating accounts.
4.2 Release instructions. Trustiva's role is limited to verifying identities, recording transactions, and issuing release or refund instructions to the Custodian Partner upon fulfilment of the agreed release conditions or upon the mutual written instruction of both parties. Trustiva does not itself move, disburse, or hold funds.
4.3 Not a party to the transaction. Trustiva is not a party to the underlying transaction between buyer and seller and is not liable for the quality, fitness, delivery, or outcome of any goods or services exchanged.
4.4 Disputes. Where the parties disagree, the matter follows the dispute process in our Escrow & Refund Policy (Doc TIL-ERP-001) and, for commercial escrows, the applicable Escrow Services Agreement (Doc TIL-ESA-001).
4.5 Regulatory compliance. Escrow facilitation is provided in compliance with applicable CBN payment-services guidelines, with fund custody performed solely by the Custodian Partner.
5. Fees & payment
- Fees are charged per the applicable fee schedule published on our website or in your Service Agreement.
- Fees are payable in Nigerian Naira (₦) unless otherwise agreed.
- VAT at 7.5% (Finance Act 2019) is borne by you unless otherwise stated.
- Fees may be modified on 30 days' written notice.
- Fees are non-refundable except as expressly stated.
6. Prohibited uses
You agree not to use our Services for: (a) money laundering, terrorist financing, or any activity prohibited by the Money Laundering (Prevention and Prohibition) Act 2022 or FATF standards; (b) unlawful goods or services; (c) circumventing KYC/AML checks; (d) fraudulent transactions or misrepresentation; (e) hacking or system disruption; or (f) any activity that violates Nigerian law or the law of any applicable jurisdiction.
7. Data protection
Data processing is governed by our Privacy Policy. By using our Services, you consent to the processing of your data as described in that Privacy Policy.
8. Intellectual property
All platform content (software, designs, algorithms, documentation and brand assets) is the exclusive property of Trustiva, protected under the Copyright Act Cap C28 LFN 2004 and related IP laws. You receive a limited, non-exclusive, non-transferable licence to use our platform for permitted purposes only. You may not copy, modify or reverse-engineer our software, sublicence or resell access, or use our brand assets without authorisation.
9. Limitation of liability
To the maximum extent permitted by Nigerian law: (a) Trustiva's total liability shall not exceed the fees paid by you in the preceding three (3) months; (b) Trustiva is not liable for indirect, incidental, consequential or punitive damages; and (c) because Trustiva does not hold customer funds, Trustiva is not liable for the acts, insolvency, or default of any Custodian Partner save to the extent of Trustiva's own gross negligence in issuing instructions, nor for losses arising from third-party fraud not attributable to Trustiva's gross negligence, Force Majeure, or your breach of these Terms. Nothing excludes liability for fraud, or for death or personal injury caused by Trustiva's negligence.
10. Termination
- You may terminate your account at any time by written notice.
- Trustiva may suspend or terminate immediately if you breach these Terms, fail KYC, where required by law or a regulator, or where fraud or suspicious activity is detected.
- Escrowed funds held by the Custodian Partner at termination are dealt with in accordance with the applicable Escrow Services Agreement.
11. Governing law & disputes
These Terms are governed by Nigerian law. Consumer disputes: contact support@trustiva.ng (10 business-day resolution target). Commercial disputes: arbitration in Abuja under the Arbitration and Mediation Act 2023. Complaints may also be referred to the Federal Competition and Consumer Protection Commission (FCCPC) or the CBN Consumer Protection Department.
12. Amendments
Trustiva may update these Terms on 30 days' notice (by email or platform notification). Continued use after the effective date constitutes acceptance.
13. Contact
Legal: legal@trustiva.ng | Support: support@trustiva.ng | DPO: dpo@trustiva.ng | Address: Abuja, Nigeria.
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