1. Introduction and Acceptance of Terms

• Agreement to Terms: A statement that by accessing or using the service, the user agrees to be bound by these T&Cs.

• Definitions: Clear definitions for key terms like "Service," "User," "Content," "Company" (or your specific business name), and "Privacy Policy."

• Eligibility: Requirements for use (e.g., minimum age, typically 18, or 13 with parental consent for social platforms, following the NDPA's age provisions).

2. User Accounts and Registration

• Account Creation: Requirements for registration (accurate and complete information).

• Account Security: User's responsibility for maintaining the confidentiality of their password and for all activity under their account.

• Termination/Suspension: The Company's right to suspend or terminate an account for breach of the T&Cs (must be fair and comply with FCCPA).

3. Acceptable Use Policy / User Conduct

This section is vital and often mirrors aspects of the Cybercrimes Act 2015 and general Nigerian law regarding online conduct.

• Prohibited Content: Content that is illegal, defamatory, obscene, pornographic, harmful, promotes hate speech, discrimination, or violence, or violates Nigerian law.

• Prohibited Activities: Actions like hacking, scraping, spamming, transmitting viruses, phishing, or interfering with the Service's functionality.

• Intellectual Property Infringement: Prohibition against posting content that violates the intellectual property (copyright, trademark) of others, in line with the Nigerian Copyright Act 2022.

4. Intellectual Property (IP) Rights

• Company IP: Statement that all content, features, and functionality of the Service (excluding User Content) are the exclusive property of your company.

• User-Generated Content (UGC):

  • The user retains ownership of their content.

  • The user grants your company a worldwide, non-exclusive, royalty-free license to use, reproduce, host, and display the UGC for the purpose of operating and promoting the Service.

  • The user represents that they have all the necessary rights to grant this license.

5. Privacy and Data Protection

• Integration with Privacy Policy: A clear statement that the use of the Service is also governed by the Privacy Policy, which is incorporated by reference.

• NDPA Compliance Note: As a Data Controller/Processor in Nigeria, you must specifically address compliance with the Nigeria Data Protection Act (NDPA) 2023 concerning data collection, processing, purpose limitation, security, and data subject rights (e.g., right to access, right to rectification, right to erasure).

6. Disclaimers and Limitation of Liability

• "AS IS" Basis: The Service is provided "as is," without warranties of any kind.

• Disclaimer: A clear statement disclaiming certain liabilities (e.g., for user content, service interruptions, or third-party links).

• Limitation of Liability: A clause that limits your company's financial liability to the user for damages, to the extent permitted by Nigerian law (must not be unconscionable or misleading, in line with FCCPA).

7. Indemnification

• A clause where the User agrees to indemnify (protect) your company from legal claims arising out of their use of the Service or breach of the T&Cs.

8. Governing Law and Dispute Resolution

• Governing Law: The laws of the Federal Republic of Nigeria (and specifically the state where your principal place of business is located, if applicable) will govern the T&Cs.

• Jurisdiction: Specify the courts in Nigeria that have jurisdiction over disputes.

9. Amendments and Changes

• The Company reserves the right to modify the T&Cs.

• A requirement to notify users of significant changes (e.g., via email or prominent notice on the platform) and an opportunity for the user to review and accept the new terms.

10. Contact Information

• Clear contact details for users to address questions, complaints, or reports of abuse.