The Brinmo Platform provides a marketplace where merchants of goods and services (referred to as "businesses", "business owners") are displayed to persons (referred to as "users", "customers") and paid by them. We reserve the right to disable business accounts found in breach of these terms and conditions below.

The Brinmo Platform may only be used by business owners who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. By signing up to this platform, you (the business owner) must:
1. Accept and agree to these Terms and our Privacy Policy;
2. Be of at least 18 years of age;
3. Have a Bank Account with a financial institution in your city of operation;
4. Have a business or branch physically present and operating at a location;
5. Represent and warrant that all Information you provide us is truthful, accurate, current, and complete;

By using the Services and providing Business Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant Brinmo and our third-party service providers a limited power of attorney, and you hereby appoint Brinmo and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents;

Your Information is any information you provide, publish or post to or through the Brinmo Platform (including any profile information you provide). You consent to us using your Information to create a Business account that will allow you to use the Brinmo Platform and Market your business to more customers. Our collection and use of your information is as provided in Brinmo's Privacy Policy brinmo.com/privacy. You are solely responsible for your Information and your interactions with members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and members of the public may rely on your Information as accurate, current and complete.

To enable Brinmo to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. We do not assert any ownership over your Information; rather, as between you and Us, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

As a business, you understand that the Brinmo Platform takes 4% of a each amount paid to you via the platform. This should in no way exclusively affect your product or service pricing for customers from the platform. Brinmo has the authority and reserves the right to determine and modify this charge and will notify you prior to any change.

Payment Processing: Payment processing services used to deposit your 96% cut to your account are provided by Paystack. By using the Brinmo Platform to receive payment proceeds, you agree to be bound by the Paystack Terms, which may be modified from time to time. As a condition of Brinmo enabling payment processing services through Paystack, You agree to provide accurate and complete information about your bank account, and authorize Brinmo to share it and transaction information with Paystack for the purposes of facilitating of the payment processing services provided by Paystack. Brinmo reserves the right to switch payment processing services or use alternate or backup services in its discretion.

By entering into this Agreement or using the Brinmo Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. Communications from Brinmo, may include but are not limited to: operational communications concerning your Business account or use of the Brinmo Platform, updates concerning new and existing features on the Brinmo Platform, and news concerning Brinmo and industry developments.

With respect to your use of the Brinmo Platform, you agree that you, your business and any affiliates will not:
1. Impersonate any person or entity;
2. Stalk, threaten, or otherwise harass any person;
3. Violate any law, statute, rule, permit, ordinance or regulation;
4. Interfere with or disrupt the Brinmo Platform or the servers or networks connected to the Brinmo Platform;
5. Force Users to pay using cash or another option outside the Brinmo Platform;
6. Post Information or interact on the Brinmo Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
7. Use the Brinmo Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
8. Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Brinmo Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Brinmo Platform;
10. Frame or mirror any part of the Brinmo Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
11. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Brinmo Platform;
12. Rent, lease, lend, sell, redistribute, license or sublicense the Brinmo Platform or access to any portion of the Brinmo Platform;
13. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Brinmo Platform or its contents;
14. Transfer or sell your Business account, password and/or identification, or any other User's Information to any other party;
15. Discriminate against or harass anyone on the basis of race, ethnicity, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
16. Cause any third party to engage in the restricted activities above;

All intellectual property rights in the Brinmo Platform shall be owned by Brinmo absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Brinmo Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Brinmo. Brinmo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You may identify yourself as a Business on the Brinmo Platform, but may not misidentify yourself as Brinmo, an employee, partner or representative of Brinmo. If you create any materials (physical or digital) bearing Brinmo intellectual property (in violation of this Agreement or otherwise), you agree that upon their creation Brinmo exclusively owns all right, title and interest in and to such materials.

The following disclaimers are made on behalf of Brinmo, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. Brinmo does not own the businesses on the platform, and Brinmo is not a FinTech company or payments service provider. The Brinmo Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Brinmo Platform, including the ability to provide customers at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the Brinmo Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Brinmo Platform will be corrected, or that the Brinmo Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Brinmo Platform.

We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the Brinmo Platform, including looking at the username and/or photos of the User to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Brinmo Platform by persons under the age of 18 in violation of this Agreement. Brinmo is not responsible for the conduct, whether online or offline, of any User of the Brinmo Platform. You are solely responsible for your interactions with Users. By using the Brinmo Platform, you agree to accept such risks and agree that Brinmo is not responsible for the acts or omissions of Users on the Brinmo Platform.

You are responsible for the use of your Business account and Brinmo expressly disclaims any liability arising from the unauthorized use of your Business account. Should you suspect that any unauthorized party may be using your Business account or you suspect any other breach of security, you agree to notify us immediately. It is possible for others to obtain information about you that you provide, publish or post to or through the Brinmo Platform (including any profile information you provide), and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Brinmo Platform. Please carefully select the type of information that you post on the Brinmo Platform or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of any Businesses, Business owners, Customers or Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning Brinmo or made available through the Brinmo Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Brinmo Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Brinmo Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Brinmo advises you to use the Brinmo Platform with a data plan with unlimited or very high data usage limits, and Brinmo shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Brinmo Platform.

This Agreement is effective upon your creation of a Business account. This Agreement may be terminated:
1. By the Business, without cause, upon seven (7) days’ prior written notice to Brinmo; or
2. By either Party immediately, without notice, upon the other Party’s material breach of any section of this Agreement;
In addition, Brinmo may terminate this Agreement or deactivate your Business account immediately in the event:
1. You no longer qualify to operate the business under applicable law, rule, permit, ordinance or regulation;
2. You fall below Brinmo’s customer satisfaction threshold;
3. Brinmo has the good faith belief that such action is necessary to protect the safety of the Brinmo community or third parties, provided that in the event of a deactivation, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Brinmo’s reasonable satisfaction prior to Brinmo permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Brinmo’s satisfaction, this Agreement will not be permanently terminated.

Third-Party: Any disputes, disagreements or issues between businesses and customers shall be resolved independent of Brinmo or the Brinmo Platform. Requests for refunds have to be proposed and agreed by both parties, before we can reverse a disputed transaction.

Platform: For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district of your residence. As used in this Section, "we" and "us" mean Brinmo and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, "we" and "us" include any third party providing any product, service, or benefit in connection with the Services or these Terms (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the Nigeria Arbitration and Conciliation Act with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the Nigeria Arbitration and Conciliation Act’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures").
You should review this provision carefully. To the extent permitted by applicable law, you are giving up your right to go to court to assert or defend your rights except for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures may be simpler and more limited than rules applicable in court. Arbitrators’ decisions are as enforceable as any court order and are subject to very limited review by a court. You and we must abide by the following rules:
1. ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
2. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
3. in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
4. we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration;
5. the arbitrator will honor claims of privilege and privacy recognized at law;
6. the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award;
7. subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law;
8. each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This Section will survive termination of your Brinmo Account and these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (1) and (2) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (1) or (2) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

Brinmo reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Brinmo reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Brinmo Platform after any such changes shall constitute your consent to such changes.

These Terms are made under and will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without giving effect to any principles that provide for the application of the law of another jurisdiction.

The Brinmo Platform provides a marketplace where users of the app (referred to as "users", "customers") can interact with merchants (referred to as "businesses", "business owners"). We reserve the right to disable user accounts found in breach of these terms and conditions below.

The Brinmo Platform may only be used by persons who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. By signing up to this platform, you (the user) must:
1. Accept and agree to these Terms and our Privacy Policy;
2. Be of at least 18 years of age;
3. Represent and warrant that you are not a Terrorist or a Financial Criminal;

By using the Services and providing Business Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your Debit/Credit card and Bank Account from the financial institution holding your Bank Account and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant Brinmo and our third-party service providers a limited power of attorney, and you hereby appoint Brinmo and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents;

Your Information is any information you provide, publish or post to or through the Brinmo Platform (including any profile information you provide). You consent to us using your Information to create a User account that will allow you to use the Brinmo Platform. Our collection and use of your information is as provided in Brinmo's Privacy Policy www.brinmo.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and members of the public may rely on your Information as accurate, current and complete.

To enable Brinmo to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. We do not assert any ownership over your Information; rather, as between you and Us, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

As a user, you understand that the Brinmo Platform adds a ₦50 charge to transactions at and above 2300 Naira. Brinmo has the authority and reserves the right to determine and modify this charge and will notify you prior to any change.

Payment Processing: Payment processing services used to transfer money to businesses are provided by Paystack. By using the Brinmo Platform to pay businesses, you agree to be bound by the Paystack Terms, which may be modified from time to time. As a condition of Brinmo enabling payment processing services through Paystack, You agree to provide accurate and complete information about your Credit/Debit card to Paystack for the purposes of facilitating the payment processing services provided by them. Brinmo reserves the right to switch payment processing services or use alternate or backup services in its discretion.

By entering into this Agreement or using the Brinmo Platform, you agree to receive communications from us, including via e-mail, private chat, text message, calls, and push notifications. Communications from Brinmo, may include but are not limited to: operational communications concerning your account or use of the Brinmo Platform, updates concerning new and existing features on the Brinmo Platform, and news concerning Brinmo and industry developments.

With respect to your use of the Brinmo Platform, you agree that you will not:
1. Impersonate any person or entity;
2. Stalk, threaten, or otherwise harass any person;
3. Violate any law, statute, rule, permit, ordinance or regulation;
4. Interfere with or disrupt the Brinmo Platform or the servers or networks connected to the Brinmo Platform;
5. Attempt to defraud Brinmo, any business, user on the Brinmo Platform.
6. Post Information or interact on the Brinmo Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
7. Use the Brinmo Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
8. Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Brinmo Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Brinmo Platform;
10. Frame or mirror any part of the Brinmo Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
11. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Brinmo Platform;
12. Rent, lease, lend, sell, redistribute, license or sublicense the Brinmo Platform or access to any portion of the Brinmo Platform;
13. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Brinmo Platform or its contents;
14. Transfer or sell your Business account, password and/or identification, or any other User's Information to any other party;
15. Discriminate against or harass anyone on the basis of race, ethnicity, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
16. Cause any third party to engage in the restricted activities above;

The following disclaimers are made on behalf of Brinmo, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. Brinmo does not own the businesses on the platform, and Brinmo is not a FinTech company or payments service provider. The Brinmo Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Brinmo Platform, including the ability to provide customers at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the Brinmo Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Brinmo Platform will be corrected, or that the Brinmo Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Brinmo Platform.

Brinmo CANNOT collect, or have access to your Bank Account PIN or Authorization. We disclaim liability for any financial errors not explicitly committed by us, we disclaim liability for any issues with payment processing services like Paystack. Brinmo is NOT a marketing company, NOT a (Financial Technology company)FinTech, NOT a Payment Processing service or switch. We do not deliver or transport the goods or services you see on our Platform. We are not liable for damages to delivered items or services, we are simply an online platform. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Brinmo Platform by persons under the age of 18 in violation of this Agreement. Brinmo is not responsible for the conduct, whether online or offline, of any User of the Brinmo Platform. You are solely responsible for your interactions with Users. By using the Brinmo Platform, you agree to accept such risks and agree that Brinmo is not responsible for the acts or omissions of Users on the Brinmo Platform.

You are responsible for the use of your User account and Brinmo expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately. It is possible for others to obtain information about you that you provide, publish or post to or through the Brinmo Platform (including any profile information you provide), and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Brinmo Platform. Please carefully select the type of information that you post on the Brinmo Platform or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of any Businesses, Business owners, Customers or Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning Brinmo or made available through the Brinmo Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Brinmo Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Brinmo Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Brinmo advises you to use the Brinmo Platform with a data plan with unlimited or very high data usage limits, and Brinmo shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Brinmo Platform.

Third-Party: Any disputes, disagreements or issues between businesses and customers shall be resolved independent of Brinmo or the Brinmo Platform. Requests for refunds have to be proposed and agreed by both parties, before we can reverse a disputed transaction.

Platform: For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district of your residence. As used in this Section, "we" and "us" mean Brinmo and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, "we" and "us" include any third party providing any product, service, or benefit in connection with the Services or these Terms (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the Nigeria Arbitration and Conciliation Act with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the Nigeria Arbitration and Conciliation Act’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures").
You should review this provision carefully. To the extent permitted by applicable law, you are giving up your right to go to court to assert or defend your rights except for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures may be simpler and more limited than rules applicable in court. Arbitrators’ decisions are as enforceable as any court order and are subject to very limited review by a court. You and we must abide by the following rules:
1. ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
2. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
3. in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
4. we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration;
5. the arbitrator will honor claims of privilege and privacy recognized at law;
6. the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award;
7. subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law;
8. each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This Section will survive termination of your Brinmo Account and these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (1) and (2) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (1) or (2) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

Brinmo reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Brinmo reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Brinmo Platform after any such changes shall constitute your consent to such changes.

These Terms are made under and will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without giving effect to any principles that provide for the application of the law of another jurisdiction.