Terms of Service

Welcome to Opinyze. Opinyze is owned and operated by Opinyze Limited (RC 9736395) ('Opinyze', 'we', 'us', 'our'), a company registered in Nigeria. Tornado Tech Ltd holds a shareholding in Opinyze Limited.

Opinyze was built by FlintNode Technologies Limited and was formerly owned by it. Ownership has since passed to Opinyze Limited. The Opinyze mobile applications are still published under the FlintNode Technologies Limited developer account while that transfer completes, so FlintNode Technologies Limited may appear as the developer on Google Play and the App Store. This does not change who operates the Service or who is responsible for your data.

These Terms of Service ('Terms') govern your access to and use of the Opinyze platform, including our website at opinyze.com, mobile applications, APIs, and all related services (collectively, the 'Service'). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to update these Terms at any time. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.

In these Terms, the following definitions apply:

• Platform - The Opinyze website, mobile applications, APIs, and all related services.
• User - Any individual or entity that creates an account on the Platform.
• Creator - A User who creates surveys, polls, or other research instruments on the Platform.
• Respondent - A User who participates in surveys, polls, or other research activities on the Platform.
• Credits - The virtual currency used on the Platform. Creators purchase credits to distribute surveys; Respondents earn credits by completing surveys.
• Points - A reward metric earned through platform engagement, used for user levels and convertible to credits. Points do not determine leaderboard ranking, which uses a separate monthly score.
• Survey - Any research instrument created on the Platform, including surveys, polls, and questionnaires.
• NIN - National Identification Number, as issued by the National Identity Management Commission (NIMC) of Nigeria.
• NDPR - The Nigeria Data Protection Regulation 2019, as issued by the National Information Technology Development Agency (NITDA).

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security of your account credentials and not share your password with any third party.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorised access to or use of your account.
• Create and use only one account, registered in your own name and identity.
• Verify your identity using only your own NIN and personal details. You must never submit the NIN, name or personal details of another person, whether or not you have their permission.

You must be at least 18 years of age to create an account. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. We verify age from the date of birth on the government-issued identity document you present at sign-up, and we refuse or close any account that document shows to be under 18.

We may require identity verification, including NIN verification through our authorised verification partners, to ensure the integrity of our platform and prevent fraudulent activity. You consent to this verification process as a condition of using certain features of the Service.

You must not open, control or operate more than one account, and you must not open an account on behalf of another person or using another person's identity. Opening several accounts from a single email inbox, including by using address variations such as dots or a plus suffix that all reach the same inbox, is a breach of these Terms. Where we find accounts we reasonably believe are controlled by the same person, we may suspend or terminate all of them, void any credits, rewards or referral bonuses they earned, and recover amounts already paid out of any remaining balance or future earnings.

Submitting a National Identification Number, name or identity details that are not your own is a serious breach of these Terms. It may also be a criminal offence under Nigerian law, including laws on identity theft, cybercrime and data protection. We will suspend any account involved, and we may report the matter to the relevant authorities and share the associated account and verification records with them.

We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these Terms, provided false information, or engaged in fraudulent activity.

As a User of the Platform, you agree to:

• Use the Service only for lawful purposes and in accordance with these Terms.
• Not use the Service in any way that could damage, disable, overburden, or impair the Platform.
• Not attempt to gain unauthorised access to any part of the Service, other accounts, or computer systems or networks connected to the Service.
• Not use any automated means (bots, scrapers, crawlers) to access the Service without our express written permission.
• Not impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Not upload or transmit any viruses, malware, or other harmful code.
• Not use the Service to harass, abuse, or harm other Users.
• Not attempt to manipulate survey results, create fake responses, or engage in any form of response fraud.
• Comply with all applicable laws and regulations, including the NDPR and other Nigerian laws.

If you use the Platform as a Creator, the following additional terms apply:

• Survey Content: You are solely responsible for the content of your surveys. Surveys must not contain illegal, defamatory, obscene, discriminatory, or misleading content. We reserve the right to review and remove any survey that violates these Terms or our content guidelines.
• Targeting: You may target surveys to specific demographic groups. You must not use targeting features to discriminate unlawfully against any group.
• Data Use: Response data is anonymised by default. On an open survey or poll you receive response patterns and demographic breakdowns, and nothing in your export identifies an individual Respondent. Some cases carry identity, and they are the exception. Where you recruit named people instead of recruiting anonymously, your export carries each Respondent's name and username beside their answers, and the Respondent is told this before they opt in. A live interview or group session is held by audio and video, so you see and hear the Respondent, and their name is shown to you with their booking. Where a form asks a respondent for a contact address, your export carries what they entered. Outside those cases you may not attempt to re-identify individual Respondents from the data provided, and you may not combine it with any other source so as to do so. Where you do receive identifying data, you are its controller, and you must hold it securely, use it only for the research you collected it for, and delete it when that purpose ends. Any use of survey data must comply with the NDPR and all applicable data protection laws.
• Credits: You must purchase credits to distribute surveys. Credit pricing is displayed on the Platform and may be updated from time to time. All credit purchases are final and non-refundable except as required by applicable law.
• Survey Quality: We reserve the right to reject or remove surveys that do not meet our quality standards, contain misleading questions, or violate our content guidelines.

If you use the Platform as a Respondent, the following additional terms apply:

• Honest Responses: You agree to provide truthful and thoughtful responses to all surveys you participate in. Providing false, random, or misleading responses is a violation of these Terms and may result in account suspension or termination.
• Eligibility: You may only participate in surveys for which you meet the specified demographic criteria. Misrepresenting your demographic information to gain access to surveys is prohibited.
• Earnings: You earn credits by completing surveys. The credit amount for each survey is displayed before you begin. Credits are awarded upon successful completion of a survey, subject to quality checks.
• Quality Checks: We employ automated and manual quality checks to ensure response integrity. Responses that fail quality checks may not receive credit awards. Repeated quality failures may result in account restrictions.
• Voluntary Participation: Participation in any survey is entirely voluntary. You may exit a survey at any time, though you will not earn credits for incomplete surveys.

An enumerator collects responses in the field on a Creator's behalf using an enumerator code. If you apply for or use an enumerator code, the following additional terms apply. They are the Code of Conduct you accept when you apply, and we record which version of them you accepted:

• Independent Status: You take part as an independent person. You are not an employee, worker, agent, partner or contractor of Opinyze, and nothing in these Terms creates any of those relationships. You decide whether and when to collect a response, you bear your own costs, and you are responsible for your own tax and for any registration or licence your work requires.
• Approval & Revocation: Enumerator access is granted at our discretion after you apply, and we may refuse an application without giving a reason. We may suspend or revoke your access at any time, with or without notice, where we reasonably believe you have breached these Terms. Revoking access does not by itself cancel a reward already properly earned.
• Lawful Collection: You are responsible for the lawfulness of how you collect a response. You must tell each person you enrol what the research is and who it is for. You must obtain any consent the law requires from that person before you record their answers, and you must not collect from anyone who cannot lawfully give it. You must not submit a response for a person who has not agreed to take part. You must handle everything you gather in the field in line with the NDPR and the Nigeria Data Protection Act, and you must not keep, copy, sell or reuse it for your own purposes.
• Honest Submissions: You must not create, invent or fabricate a submission, a respondent, an identity or a contact address. You must not submit your own response under your own code, and you must not arrange for anyone to do that for you. You must mark a submission you collected in the field as field-collected. Fraudulent or fake submissions result in your access being revoked.
• Rewards: The reward for an attributed submission is set by the Creator running the study, within the bounds the Platform allows, and the rate that applies is the one recorded when your submission was attributed. A reward is earned only on a submission that is properly attributed to your code and that passes our checks. Rewards are paid from the Creator's reward pool for that study, and a submission is not payable while that pool is unfunded.
• Automated Checks: Every submission is scored automatically against fraud signals, and the score and the reasons behind it are recorded against your submission. A submission that scores above our threshold is flagged, and its reward is held while it is reviewed. The Creator running the study reviews a flagged submission and either clears it, which returns it to the payment queue, or confirms it as fraudulent, in which case it is rejected and never paid.
• Withholding & Recovery: We may withhold, reverse or cancel a reward on a submission we reasonably believe to be fraudulent or in breach of these Terms, whether or not it has already been paid. Where a reward has already been paid, we may record the amount as owed to us and recover it from your future earnings, and you may not spend or withdraw while an amount is owed. This is in addition to every other right we have under these Terms.
• Your Own Studies: Where the Platform allows it, you may earn on a study you created yourself from responses given by other people. You may never attribute your own response to your own code. We may switch this off at any time.
• No Guarantee of Work: We do not guarantee that any study will be open to you, that a study will keep its reward pool funded, or that you will earn any amount. A Creator may limit a study to enumerators they have authorised.

If you book, host, or take part in a live interview or group session on the Platform, the following additional terms apply:

• No Professional Advice: A live session is research. Nothing said in a session creates a professional, fiduciary or advisory relationship between the participants, or between you and Opinyze. You may not rely on anything said in a session as the basis for a legal, medical, financial, tax or investment decision. You remain responsible for any decision you take.
• What We Verify: We verify identity where the Platform requires it. We do not verify competence. A Respondent's job title, stated rates, claimed experience and any profile link they add are their own statements. We do not check their qualifications, their employment, or whether a linked profile belongs to them or is accurate. Satisfy yourself that a person is suitable before you book them.
• Our Role: We provide the marketplace, the booking system, the call room and the payment rails. We are not a party to the consultation. A Respondent you book is not our employee, agent or representative, and we do not direct, supervise or endorse what is said in a session. Any arrangement you make with another participant outside the Platform is yours alone.
• Permission to Speak: If you take part in a session, you warrant that you are permitted to discuss the subjects you were booked to discuss. You must not disclose information you hold under a duty of confidence to an employer, a client or any other party, and you must not breach a confidentiality, non-disclosure or employment obligation. Obtaining any permission your employer or client requires is your responsibility.
• Material Non-Public Information: You must not disclose or request material non-public information about any publicly listed company, or about any company in a pending transaction. You must not use a session to obtain information that would make trading in a security unlawful. This applies whether you are asking or answering.
• Booking & Billing: A Creator books a slot of a set length and pays the price shown for it. That price is inclusive of our fee, and both the price and our share of it are fixed for the study when it is funded, so a later change to our rates never re-prices a study that is already funded. A Respondent is shown what they will earn before they book. Payment is for the booked engagement and not for minutes used. Ending a session early does not create a refund and does not reduce what the Respondent is paid.
• Overtime: A session that runs past its booked end may continue for a limited overtime allowance set by the Platform, after which we close the room for everyone. Overtime never bills a Creator more than the amount reserved when the slot was booked.
• Questionnaire Holdback: Where a study places its questionnaire after the session, your incentive is held until you submit that questionnaire. The share held and the length of the claim window are set by the study and are shown to you before you book. On a study that holds the whole incentive, you receive nothing until the questionnaire is submitted. We remind you while the window is open. If the window closes before you submit, the held amount returns to the Creator and is no longer payable to you.
• Cancellation: Each study sets a cancellation cutoff, shown to you before you book, and it applies to both sides. Cancelling before the cutoff releases the slot with no penalty. Cancelling inside the cutoff records a strike against you, and you are paid no more than the late-cancellation rate the study was funded under, which may be nil.
• Attendance: Attendance is counted only while you and the Creator are in the room together, and it accumulates if either of you drops out and rejoins. A grace period runs from the scheduled start before a no-show is recorded. A session counts as completed, and pays in full, only when your attendance reaches the proportion of the booked time set for that study. Attendance below that proportion is held for review rather than paid automatically.
• Strikes: A no-show and a late cancellation each carry a weight, and those weights add up over a rolling window. Reaching the threshold blocks you from making new bookings until the window clears. It does not close your account and does not affect credits you have already earned.
• Creator Fault: If the Creator cancels inside the cutoff, or never starts the room, nothing is paid to you automatically. Your booking is held, the session goes to review, and we decide whether to award compensation or return the credits to the Creator. No compensation is owed to you unless we award it. A Creator who does this repeatedly may have their account restricted.
• Recording & Consent: Live sessions are recorded. You give explicit consent when you book, and a booking cannot be completed without it. The version of the consent you accepted is stored with your booking, and it is recorded again if you reschedule. Recordings are held in private storage and every playback or download link is short-lived. You must not record, screenshot or stream a session by any other means.
• Licence to Use Recordings: You grant Opinyze and the Creator who booked the session a non-exclusive, worldwide, royalty-free licence to record, store, transcribe, analyse and use your contribution to it. The Creator may use it for the research the session was booked for and for their own internal analysis. We may use it to operate the Platform, run quality checks, investigate fraud and resolve payment disputes. Recordings and transcripts are sent to third-party AI providers to be transcribed and analysed. Each provider handles them under the terms it publishes for its service, and those published terms govern what a provider may do with them, including whether they may be used to train a model. You keep any rights you already hold in what you say.
• Publication: Neither side may publish a recording, a transcript or an extract outside the study without the written consent of everyone recorded. This binds the Creator, every Respondent, and anyone they share the material with. A quotation that identifies a participant counts as publication.
• Recording Failures: We do not warrant that a session will be recorded, that a recording will be complete, or that a transcript or summary will be accurate. Recording, transcription and analysis depend on connections and services outside our control. Where a recording or transcript fails, your remedy is limited to a credit of the amount billed for that session. We are not liable in damages, including for lost research, lost time or lost profit.
• Conduct in a Session: You must not harass, abuse, threaten or discriminate against anyone in a session. You must not bring a person into a session who is not booked into it. We may remove a participant, end a session, withhold payment and suspend an account where we reasonably believe these Terms have been breached.

The Opinyze credit system operates as follows:

• Purchasing Credits: Creators may purchase credits through the payment methods available on the Platform. All prices are displayed in Nigerian Naira (NGN) unless otherwise stated. We use authorised payment processors and do not store your payment card details directly.
• Earning Credits: Respondents earn credits by completing surveys and through other platform activities such as referrals and achievements.
• Credit Value: The monetary value of credits is determined by us and may be adjusted from time to time. The current conversion rate is displayed on the Platform.
• Withdrawals: Respondents may withdraw earned credits as cash to their Nigerian bank accounts, subject to minimum withdrawal thresholds and identity verification requirements. Withdrawal processing times may vary.
• Points: Points are earned through platform engagement, determine user levels, and may be converted to credits at the rate displayed on the Platform. Points do not determine leaderboard ranking, which uses a separate monthly score that resets each month.
• Expiry: Credits do not expire as long as your account remains active.
• Fraud: Any attempt to fraudulently earn or transfer credits will result in immediate account termination and forfeiture of all credits and earnings. We reserve the right to pursue legal action in such cases.

Credits are the unit of account inside the Platform. The Credits & Payments section sets out how you buy, earn and withdraw them. In addition, the following applies to what a credit is:

• What Credits Are: Credits are a limited, personal and revocable licence to access services on the Platform. They are not money, not electronic money, not a deposit, not a stored-value or payment instrument, and not a security. They are not held on trust for you. They give you no claim against Opinyze except the right to withdraw earned credits set out in these Terms.
• No Interest: Credits do not earn interest and no interest accrues on any balance. A credit balance is not a bank account and is not covered by any deposit protection or guarantee scheme.
• Not Transferable: You may not sell, assign, pledge, gift or otherwise transfer credits to another person or account, and you may not accept credits transferred to you outside the Platform. Credits move between accounts only through a path the Platform itself provides.
• Redemption: Credits are redeemed for cash only through the withdrawal path published on the Platform. Withdrawal requires identity verification and a bank account we have verified as belonging to you, and it is subject to the minimum and maximum amounts in force at the time. Any withdrawal fee is shown to you before you confirm.
• Purchased Credits: Credits you purchase are for spending on the Platform. They are not withdrawable as cash. Only credits you have earned are withdrawable, and only once any amount you owe us has been recovered in full.
• Pricing Changes: The price of credits, the rate at which they convert, and the fees applied to a transaction may change at any time. A change is not a refund event. It does not entitle you to a repricing of a purchase you have already made or of a study you have already funded, and it does not entitle you to compensation.
• Suspension, Closure & Recovery: While your account is suspended you cannot access the Platform, and you cannot spend or withdraw credits. What happens to a remaining balance when your account is closed or terminated is governed by the Termination section of these Terms. Where we reasonably believe credits were earned fraudulently or in breach of these Terms, we may withhold them, reverse them, or cancel them, whether or not they have already been paid, and we may record an amount already paid as owed to us and recover it from your future earnings.

Where we run a referral programme, the following terms apply to it:

• Discretionary Benefit: The referral programme is a discretionary benefit. It is not part of anything you pay for and it is not a term of any purchase. We may change its rewards, its conditions and its structure, and we may suspend or withdraw it entirely, at any time and without giving a reason. No reward is owed to you until it has been paid.
• How a Reward Is Calculated: A reward is calculated on the terms in force when the qualifying event occurred. Where a reward is a share of what a referred user spends, the terms recorded at the moment that spend was funded are the ones that apply, so a later change to the programme never re-prices a study that is already funded. A share is payable only on spend that is real and settled. Nothing is payable on budget that was funded and then returned unspent.
• Attribution: We determine whether a referral is attributable to you, and our determination is final. Attribution depends on the referred person signing up through your own link or code and completing the steps the programme sets. We are not obliged to attribute a referral you claim outside those steps, and we are not obliged to attribute a referral twice.
• Abuse: You must not refer yourself, create or control accounts so that you can refer them, use another person's identity or details, or make any misleading claim about the Platform to obtain a referral. A reward obtained through self-referral, a duplicate or fake account, or any other abuse is void. We may cancel it before payment, recover it after payment out of your future earnings, and suspend or terminate every account involved.
• Closed Accounts: A referral reward is personal to the account that earned it and cannot be moved to another account. If your account is closed, suspended or terminated, we may stop paying any reward that has not yet been paid. If the referred user's account is closed, suspended or terminated, no further reward accrues to you from that user. Neither event entitles you to compensation.

Parts of the Service depend on providers we do not control, including authorised payment processors for deposits and payouts, our identity verification partners, third-party AI providers, messaging and delivery providers, and cloud hosting and storage providers. The following applies:

• Their Outages Are Not Our Breach: We are not liable for a third-party provider's outage, delay, error, hold, refusal or withdrawal of service. Where such a provider is unavailable, the affected part of the Service may be unavailable with it, and that is not a breach of these Terms by us.
• When a Payment Is Complete: A deposit is complete only when the payment processor confirms it to us and we credit your account. A payout is complete only when the receiving institution accepts it. A confirmation shown to you by a third party, including a bank alert or a processor's own screen, does not by itself complete a payment on the Platform.
• Processing Times: Processing times are set by the provider and the receiving institution, not by us. We do not guarantee that a deposit or a payout will complete within any period. A provider may place a hold on a transaction, ask for further information, or decline it under its own rules, and we may be unable to tell you why.
• Reversals & Chargebacks: If a payment to your account is later reversed, refunded, disputed or charged back, we may reverse the corresponding credits. Where those credits have already been spent or withdrawn, we may record the amount as owed to us, recover it from your balance and your future earnings, and restrict your account until it is cleared. Raising a dispute with a third party instead of contacting us first does not remove that liability.
• Their Terms: A third-party provider may impose its own terms on you, and you are responsible for meeting them. We may change provider at any time without notice. We do not endorse any third-party provider and we make no warranty about one.
• Identity Verification: Verification is carried out by our identity verification partners against records we do not hold or control. We are not liable for a verification that fails, that is delayed, or that returns a result you disagree with. Where verification is required for a feature, that feature stays closed to you until verification succeeds.

The Platform offers features that use artificial intelligence, including generating questions for a survey or form, analysing responses you have collected, and transcribing and summarising live sessions. If you use any of them, the following additional terms apply:

• Output Is Not Checked: AI output may be inaccurate, incomplete, biased, invented or out of date. We do not review it before it reaches you. You must review any output yourself before you rely on it, publish it, share it, or act on it.
• You Remain Responsible: Anything you publish, distribute or decide on the basis of AI output is your responsibility. A generated question becomes your Survey content the moment you keep it, and every obligation in these Terms that applies to Survey content applies to it. Editing generated output does not move responsibility for it to us.
• Processing by Third Parties: Content you submit to an AI feature is sent to third-party AI providers to deliver the feature. It leaves our systems when that happens. Each provider handles it under the terms it publishes for its service, and those published terms govern what a provider may do with it, including whether it may be used to train a model. That content includes your prompts, your survey and form content, the responses you have collected, and live session recordings and transcripts. We select these providers, we may use more than one for the same feature, and we may change or add to them at any time.
• No Professional Advice: AI output is not legal, medical, financial, tax, statistical or research advice. It creates no professional, fiduciary or advisory relationship between you and Opinyze.
• No Warranty of Fitness: We do not warrant that a generated question, analysis, transcript or summary meets any regulatory, ethical, methodological or research standard. We do not warrant that a generated instrument is valid, unbiased, representative or fit for any regulated purpose. Confirming that your research meets the standards that apply to it is your responsibility.
• Availability: AI features depend on third-party services outside our control. We may limit, suspend, change or withdraw an AI feature at any time. A generation that fails, returns nothing, or returns less than you asked for is not a defect in the Service.
• Prohibited Use: You must not use an AI feature to generate unlawful, defamatory, discriminatory or deceptive content, to produce content that impersonates a real person or organisation, to submit content you have no right to submit, or to attempt to extract, copy or reconstruct an underlying model or its instructions.

All intellectual property rights in the Service, including but not limited to the Platform's design, logos, trademarks, software, text, graphics, and other content ('Opinyze Content'), are owned by Opinyze Limited or its licensors.

You may not copy, modify, distribute, sell, or lease any part of the Opinyze Content without our express written permission.

Survey questions and content created by Creators remain the intellectual property of the respective Creator. By creating a survey on the Platform, Creators grant Opinyze a non-exclusive, worldwide licence to host, display, and distribute the survey content for the purpose of operating the Service.

Aggregated and anonymised survey response data may be used by Opinyze for research, analytics, and platform improvement purposes.

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy , which forms an integral part of these Terms.

By using the Service, you consent to the collection and use of your information as described in our Privacy Policy, in compliance with the Nigeria Data Protection Regulation (NDPR) 2019 and other applicable data protection laws.

The Platform is operated from Nigeria and is used from other countries. By using it, you represent and warrant, each time you use it, that:

• You are not resident, established or located in a country or territory that is subject to country-wide trade or economic sanctions.
• You are not named on, owned by, or acting for any person named on a sanctions, terrorist financing or export control list applied by Nigeria, the United Nations, or any other authority whose rules apply to us or to our providers.
• You will not use the Service, and will not make or receive a payment through it, where doing so would breach any sanctions, anti-money-laundering, counter-terrorist-financing or export control law.
• You are not acting on behalf of a person who could not give the representations above.
• Your use of the Service is lawful in the country you are using it from, and you have obtained any approval that country requires.

We may refuse, block, delay, suspend or reverse any transaction, restrict or close any account, and withhold or freeze funds, where we reasonably believe it is necessary to comply with a law or with a requirement of one of our providers. We may do so without notice and we may be prohibited from telling you the reason. You are responsible for determining and paying any tax that applies to what you earn or spend on the Platform, and for making any filing your own country requires. We do not give tax advice and we do not withhold tax on your behalf unless the law requires it.

You may close your account at any time, from your account settings or by contacting us. Closing an account is not instant. This is what a closure request does:

• A closure request starts a 30 day period before the account is closed. Your account keeps working during that period, and you can cancel the request at any time before it ends.
• Withdraw any credit balance you want to keep before that period ends. Withdrawal requires identity verification and a bank account we have verified as belonging to you, and it is subject to the minimum and maximum amounts in force at the time.
• At the end of the period we close the account. We remove your login credentials, scrub the personal details held on it, and keep the underlying records in a form that no longer identifies you. Our Privacy Policy sets out what is scrubbed and what is kept.
• We give no undertaking to pay out a balance left on a closed account, and we may treat such a balance as no longer payable to you.
• We may retain certain data as required by law or for legitimate business purposes, as described in our Privacy Policy.

We may suspend or close your account without prior notice and without liability to you, including where you breach these Terms. A suspended account cannot be accessed, and credits on it cannot be spent or withdrawn while the suspension lasts. Neither suspension nor closure cancels earned credits on its own. Where a payment that funded a study is reversed while a reward from that study is still pending, we hold the reward and review it, and we may then release it or cancel it and recover it to a platform account. We reserve the same right over any credits we reasonably believe were not properly earned.

The Service is provided on an 'as is' and 'as available' basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Service will be accurate or reliable.
• Any errors in the Service will be corrected.
• Survey responses will meet any particular quality standard or be representative of any population.

Creators acknowledge that survey responses are provided by individual Respondents and that we do not guarantee the accuracy, completeness, or reliability of any responses.

To the maximum extent permitted by applicable law, Opinyze Limited, its directors, employees, partners, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of, or inability to access or use, the Service.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service.
• Unauthorised access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims arising from or relating to the Service exceed the amount you have paid to us in the twelve (12) months preceding the claim, or Ten Thousand Naira (NGN 10,000), whichever is greater. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Those exclusions and limits that can lawfully be applied continue to apply in full even where one of them is held unenforceable. Each limit in this section applies whether the claim is brought in contract, in tort including negligence, under statute, or on any other basis, and applies even where we were told the loss was possible.

You agree to indemnify, defend and hold harmless Opinyze Limited, its affiliates, directors, officers, employees and agents against any claim, demand, loss, liability, damage, cost or expense, including reasonable legal fees, arising from or relating to:

• The content of any Survey you create, including any question, instruction, image or file you publish through the Platform.
• Your targeting choices, including any claim that a Survey selected or excluded a group unlawfully.
• Your use, storage, disclosure or onward transfer of Respondent data, including any export you download from the Platform and anything you do with it after you download it.
• Your breach of these Terms, of any representation or warranty you have given us, or of any applicable law, including the NDPR and the Nigeria Data Protection Act.
• Your infringement of another party's intellectual property, privacy, publicity or confidentiality rights.
• Any claim brought by a Respondent, an enumerator, a regulator or any other third party in connection with research you ran on the Platform.

We will tell you about a claim covered by this section without undue delay, and a delay in telling you does not release you unless it has prejudiced your position. We may take sole control of the defence and settlement of such a claim at our own election, and you will cooperate with us at your own expense. You may not settle a claim in a way that admits fault on our behalf, or that imposes any obligation or payment on us, without our written consent. This section survives the closure of your account and the termination of these Terms.

We are not liable for any failure or delay in performing our obligations under these Terms where it is caused by an event beyond our reasonable control.

Such events include act of God, flood, fire, earthquake, epidemic or pandemic, war, terrorism, civil unrest, riot, strike or other industrial action, government action, embargo, sanction or change in law, failure or interruption of electrical power, failure or interruption of internet connectivity or telecommunications, network congestion, failure of a data centre or hosting provider, denial-of-service attack, and failure or withdrawal of a third-party service the Platform depends on.

Live sessions depend on the electrical power, internet connectivity and device of every participant. We do not warrant that a session will start, connect, hold or complete, and a failure of power or connectivity on any side is an event of this kind.

Where such an event continues, we may suspend the affected part of the Service for as long as it lasts. Our obligations are suspended for that period and the time for performing them is extended accordingly. Nothing in this section excuses a payment obligation that has already fallen due.

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Lagos State, Nigeria.

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected] . We will attempt to resolve the dispute within 30 days. If the dispute is not resolved within this period, either party may proceed with formal legal action.

You and Opinyze may each bring a claim only in an individual capacity. Neither of us may bring a claim as a claimant or as a class member in any class, collective, consolidated or representative proceeding, and neither of us may act as a representative for any other person. No court may consolidate the claims of more than one person without the written consent of both of us. If this paragraph is held unenforceable in respect of a particular claim, that claim is severed and heard separately, and this paragraph continues to apply to every other claim.

The following apply to these Terms as a whole:

• Severability: If a court or competent authority holds any provision of these Terms to be invalid, unlawful or unenforceable, that provision is severed and the rest of these Terms remain in full force. Where the provision can be given effect by narrowing it, it applies as narrowed rather than being struck out.
• Entire Agreement: These Terms, together with our Privacy Policy and any policy, notice or disclosure we publish and refer to in them, are the entire agreement between you and Opinyze about the Service. They replace every prior understanding, representation, arrangement or agreement on that subject, whether written or spoken. You confirm that you are not relying on any statement that is not set out in them. Nothing in this provision limits liability for fraud or fraudulent misrepresentation.
• Assignment: We may assign, novate or transfer these Terms, and any right or obligation under them, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets, and we will tell you if we do. You may not assign or transfer these Terms, your account, or any right under them to anyone. You may not let another person use your account.
• Waiver: A failure or delay by either of us in enforcing a right under these Terms is not a waiver of that right. A waiver is effective only if it is given in writing, and it applies only to the breach it names. Waiving one breach does not waive any later breach, and exercising one remedy does not prevent us from exercising another.
• Notices: We give you notice by message to the address of record on your account, by a message inside the Platform, or by a notice published on the Platform. A notice we send is treated as received on the day it is sent, unless we are told it did not arrive. Keeping the address of record on your account current, correct and able to receive our messages is your responsibility, and a notice we send to it is effective even if you no longer read it. You give us formal notice by writing to [email protected], and it takes effect when we confirm receipt.
• No Partnership: Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Opinyze. Neither of us may bind the other or hold itself out as able to.
• Third Parties: These Terms are between you and Opinyze. No other person has any right to enforce them, except that our affiliates, directors, officers, employees and agents may enforce the Indemnity, Disclaimers and Limitation of Liability sections.
• Language: These Terms are written in English. Where we publish a translation, it is provided for convenience only, and the English version governs if the two differ.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice on the Platform at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and terminate your account.

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