Terms of Service

1. Introduction and Acceptance

Welcome to ACTIV ("the Platform", "we", "us", or "our"). By accessing, registering for, or using the ACTIV website, mobile applications, or associated services, you ("User", "Merchant", or "you") agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy.

If you are using the Platform on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Definitions

• "Merchant": A registered user utilizing the Platform to manage business operations, inventory, or generate receipts.
• "Customer": The end-consumer or client of the Merchant whose data may be processed via the Platform.
• "Device Data": Information including but not limited to International Mobile Equipment Identity (IMEI), Serial Numbers, Model Numbers, and other unique identifiers associated with electronic devices.
• "Content": Data, text, images, and information uploaded by Merchants to the Platform.

3. Account Registration and Security

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete business information.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Immediately notify us if you discover or otherwise suspect any security breaches related to the Platform.

You are solely responsible for all activity that occurs under your account. ACTIV shall not be liable for any loss or damage arising from your failure to comply with this section.

4. Merchant Obligations and Data Accuracy

4.1 Business Information

You acknowledge and agree that you are solely responsible for the accuracy of all business information provided on the Platform, including your Business Name, Corporate Affairs Commission (CAC) registration number (RC/BN), address, and contact details.

Disclaimer: ACTIV is a technology provider and does not verify business registration statuses with the CAC or other regulatory bodies. The inclusion of business details on receipts generated via ACTIV does not constitute endorsement or verification by ACTIV.

4.2 Compliance with Laws

You represent and warrant that your use of the Platform will comply with all applicable laws and regulations in Nigeria, including but not limited to the Companies and Allied Matters Act (CAMA) 2020, the Nigeria Data Protection Act (NDP Act) 2023, and the General Application and Implementation Directive (GAID) 2025.

4.3 Data Processing

For Customer personal data you enter or connect to the Platform (including names, phone numbers, emails, preferences, and related records), you are the data controller and ACTIV is the data processor acting on your documented instructions. We process that data to provide the Platform (including receipts, inventory, messaging, and matching features) and as described in our Privacy Policy.

• You must have a lawful basis (including consent where required) before collecting or uploading Customer data, and you must tell Customers that Activ helps you process it.
• You must not forward listings, messages, or files that contain third-party personal data you are not entitled to process (for example landlord names, other agents' contacts, or previous-owner details). Redact such data before upload. You remain responsible for personal data you send to Activ.
• Activ may use subprocessors (hosting, email, messaging, and related vendors) as listed in the Privacy Policy. We will assist with data-subject requests and notify you without undue delay if we discover a personal-data breach affecting Customer data we process for you.

4.4 Account Security and Data Breaches

You are solely responsible for the security of your Activ account, connected messaging accounts (including WhatsApp), and credentials. You agree to notify Activ immediately of any unauthorized access or suspected data breach involving your account or Customer data. Activ is not liable for breaches caused by your failure to secure your accounts, devices, or credentials.

5. Asset Protection and Device Registry

ACTIV is committed to promoting a safe commerce environment and preventing the circulation of stolen goods.

5.1 Device Data Collection: By inputting Device Data (such as IMEI or Serial Numbers) into the Platform, you represent and warrant that you have lawful possession of the devices and the right to sell, repair, or service them.

5.2 Use of Registry: You acknowledge that ACTIV may maintain a secure registry of Device Data to assist in ownership verification, fraud prevention, and device history tracking.

5.3 Cooperation: In the event of a dispute regarding device ownership or reports of theft, ACTIV reserves the right to share relevant Device Data with law enforcement agencies or verified databases to assist in investigations, subject to applicable laws.

6. Intellectual Property Rights

The Platform, including its code, design, logos, and architecture, is the exclusive property of ACTIV and its licensors. The "ACTIV" name and logo are trademarks of ACTIV. You are granted a limited, non-exclusive, non-transferable license to use the Platform for your internal business purposes.

7. Prohibited Conduct

You agree not to:

• Use the Platform to generate fraudulent, misleading, or counterfeit receipts or documentation.
• Input false or stolen Device Data (IMEI/Serial Numbers) into the system.
• Rent, lease, lend, sell, redistribute, or sublicense the Platform services.
• Interfere with or disrupt the integrity or performance of the Platform.

8. Limitation of Liability and Indemnification

8.1 "As Is" Service: The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. ACTIV specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Limitation: To the maximum extent permitted by law, ACTIV shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data.

8.3 Indemnification: You agree to indemnify, defend, and hold harmless ACTIV, its officers, directors, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, your violation of any third-party rights, or your failure to comply with data protection laws in respect of Customer or third-party personal data you control.

9. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any dispute arising out of or in connection with these Terms shall be resolved through amicable negotiation. If negotiation fails, the dispute shall be submitted to arbitration in Lagos, Nigeria.

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes via the Platform or email. Your continued use of the Platform following such changes constitutes your acceptance of the new Terms.

Contact Us

If you have any questions about these Terms, please contact our support team at: