Terms of Service

01Acceptance of these terms

These Terms of Service ("Terms") form a legally binding agreement between you and Datafied Technologies. They govern your access to and use of datafiedtech.com and all related pages, accounts, courses, content and services (together, the "Services").

By accessing or using the Services, creating an account, making a purchase, or submitting an enquiry, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organisation, you confirm that you have authority to bind that organisation, and "you" includes that organisation.

You must be at least 18 years old, or have the consent of a parent or guardian, to use the Services.

02About us

The Services are provided by Datafied Technologies (Datafied Technologies Limited; RC: 7022749), a company registered in Nigeria with its registered office at 12 Ebitu Ukiwe Street, Jabi, Abuja ("Datafied", "we", "us" or "our").

We operate Datafied Consultancy, which provides data strategy, data engineering, business intelligence, AI and automation services to organisations, and Datafied Academy, which provides data and AI training to individuals and teams.

03Definitions

• Client – an organisation or individual that engages Datafied Consultancy under an Engagement Agreement.
• Engagement Agreement – a signed proposal, statement of work, master services agreement or other written contract for consultancy services.
• Deliverables – the reports, dashboards, data pipelines, models, code, documentation and other outputs created specifically for a Client under an Engagement Agreement.
• Learner – a person who enrols in a Datafied Academy course or programme.
• Course Content – videos, lessons, slides, datasets, quizzes, assignments, templates and other materials made available through Datafied Academy.
• Datafied Materials – all content, software, methods, frameworks, templates and know-how owned or licensed by Datafied, including those that exist before or are developed outside an engagement.

04Using our website

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our website for lawful purposes and in line with these Terms. You agree not to:

• use the website in any way that breaches applicable law, including the Cybercrimes (Prohibition, Prevention, etc.) Act and data protection law;
• attempt to gain unauthorised access to the website, its servers, accounts or databases, or interfere with its security features;
• introduce viruses, malware or other harmful code;
• scrape, crawl, copy or harvest content or data from the website by automated means without our written permission;
• submit false, misleading or spam enquiries, or impersonate any person or organisation;
• use the website to send unsolicited advertising or promotional material; or
• copy, reproduce, republish or commercially exploit our content, except as permitted by these Terms.

We may change, suspend or withdraw any part of the website at any time without notice. We do not guarantee that the website will always be available, uninterrupted or error-free.

05Accounts

Some Services, including Datafied Academy, require an account. You agree to:

• provide accurate, current and complete information and keep it up to date;
• keep your login details confidential and not share your account with anyone else;
• notify us immediately at datafied@datafiedtech.com if you suspect unauthorised use of your account; and
• accept responsibility for all activity that takes place under your account.

We may suspend or close accounts that breach these Terms (see Section 21).

06Consultations and enquiries

Our free consultation is an introductory, no-obligation conversation to understand your needs and explore how we might help. Submitting our consultation form or booking a call does not create a contract for services, and neither party is obliged to proceed.

Any recommendations, estimates or ideas shared during a free consultation are preliminary, based on the information available at the time, and must not be relied upon as professional advice. We may decline any enquiry or engagement at our discretion.

07Consultancy engagements

Consultancy services are provided only under an Engagement Agreement that sets out the scope, Deliverables, timelines, fees, assumptions and acceptance process for the work.

• Order of precedence: if there is a conflict between an Engagement Agreement and these Terms, the Engagement Agreement prevails.
• Standard of service: we will perform the services with reasonable skill, care and diligence, in line with generally accepted industry practice.
• Changes in scope: changes to the agreed scope must be agreed in writing and may affect fees and timelines.
• Timelines: timelines are estimates that depend on the Client meeting its responsibilities (see Section 9). We are not responsible for delays caused by the Client or by third parties outside our control.
• Acceptance: Deliverables are treated as accepted on written approval, or if no material defects are reported within the period stated in the Engagement Agreement (or within 10 business days of delivery if no period is stated).
• Support: post-delivery support, maintenance and training are provided only as set out in the Engagement Agreement.

08Fees and payment

8.1Consultancy fees

Consultancy fees, payment milestones and expenses are set out in the Engagement Agreement. Unless agreed otherwise:

• invoices are payable within 14 days of the invoice date;
• fees are quoted in Nigerian Naira (NGN) or in the currency stated in the Engagement Agreement, and exclude Value Added Tax (VAT) and other applicable taxes, which will be added where required;
• reasonable pre-approved expenses, such as travel outside the Client's city, are charged at cost; and
• we may pause work if undisputed invoices remain unpaid more than 14 days after their due date, after giving written notice.

8.2Academy and online purchases

Prices for courses and digital products are shown on our website at the time of purchase and include any taxes stated at checkout. Payments are processed securely by our third-party payment providers, Stripe and PayPal, and are subject to their terms. We do not store your full card details.

We may change our prices at any time, but changes will not affect orders already confirmed. If a price is shown incorrectly because of an obvious error, we may cancel the order and refund any amount paid.

09Client responsibilities

To allow us to deliver the services, the Client agrees to:

• provide accurate and complete information, and timely access to the people, systems, data and premises we reasonably need;
• make decisions and give approvals promptly;
• ensure it has all rights, licences and lawful bases (including under the NDPA) to share any data, including personal data, with us for the purposes of the engagement;
• maintain its own backups of data and systems before we begin work on them; and
• remain responsible for its business decisions, including how it uses the Deliverables and any insights, forecasts or recommendations we provide.

10Datafied Academy

• Licence: when you enrol, we grant you a personal, non-exclusive, non-transferable licence to access the Course Content for your own learning, for the access period stated on the course page. If no period is stated, access continues for as long as we offer the course.
• Team purchases: courses bought for a team may be used only by the number of named Learners paid for.
• Restrictions: you must not share your login, or download (except where downloading is enabled), record, copy, resell, publish or distribute Course Content.
• Certificates: certificates are issued when you meet the completion requirements of a course. They confirm completion of a Datafied Academy course; they are not an accredited academic or professional qualification unless expressly stated. We may revoke certificates obtained through cheating, plagiarism or breach of these Terms.
• Live sessions: live classes and workshops may be recorded for the benefit of Learners. We will tell you when a session is being recorded.
• Course changes: we may update, improve or retire Course Content to keep it current. If we retire a course you have paid for during its access period, we will give you reasonable notice and either provide a comparable course or a pro-rata refund.
• Outcomes: we do not guarantee employment, internships, promotion, income or any specific career outcome from completing a course.

11Academy refunds

If a course or product page or the checkout shows specific refund terms, those terms apply. Otherwise:

• you may request a full refund within 7 days of purchase, provided you have completed no more than 20% of the course and no certificate has been issued;
• refunds are not available for live programmes or cohorts once they have started, or for bespoke corporate training once delivery has begun, unless the Engagement Agreement says otherwise;
• to request a refund, email datafied@datafiedtech.com with your order number; and
• approved refunds are made to the original payment method within 14 days. Your access to the course ends when the refund is processed.

Nothing in this section affects any rights you have under the Federal Competition and Consumer Protection Act 2018 or other consumer protection law.

12Affiliate programme

If you join our affiliate programme, you earn commission on qualifying sales made through your referral link, at the rates shown in your affiliate dashboard. You agree to promote Datafied honestly and in line with applicable advertising law, and not to use spam, misleading claims, paid search bids on our brand name, or self-referrals.

Commissions are paid after the refund period for the relevant sale has ended. We may withhold commissions and close affiliate accounts involved in fraud or breach of these Terms. We may change or end the programme at any time; commissions earned before the change will still be paid.

13Intellectual property

13.1Our website and materials

All content on our website and in Datafied Academy, including text, graphics, logos, illustrations, videos, Course Content and software, is owned by or licensed to Datafied and is protected by copyright, trademark and other intellectual property laws. "Datafied" and our logos are our trademarks and may not be used without our prior written permission.

13.2Consultancy Deliverables

Unless the Engagement Agreement says otherwise:

• on full payment of the applicable fees, the Client owns the Deliverables created specifically for it;
• Datafied keeps ownership of all Datafied Materials, including any that are incorporated into the Deliverables, and grants the Client a non-exclusive, perpetual, royalty-free licence to use them as part of the Deliverables for its internal business purposes;
• the Client keeps ownership of its own data and pre-existing materials, and grants us a licence to use them only for the purpose of delivering the services; and
• third-party software and open-source components remain subject to their own licence terms.

We may reuse general knowledge, skills and experience gained during an engagement, provided we do not disclose the Client's Confidential Information.

14Confidentiality

Each party will keep confidential any non-public business, technical or financial information disclosed by the other party ("Confidential Information"). It will use that information only to perform or receive the services, and will disclose it only to employees, contractors and advisers who need to know it and are bound by similar obligations.

This obligation does not apply to information that is or becomes public through no fault of the receiving party, was lawfully known to it beforehand, is independently developed, or must be disclosed by law or court order (in which case the disclosing party will be notified where lawful). Confidentiality obligations continue for five years after the end of the engagement, or indefinitely for trade secrets and personal data.

We will not name a Client or publish a testimonial without the Client's permission.

15Data protection

We handle personal data in line with the Nigeria Data Protection Act 2023 and our Privacy Policy. Where we process personal data on behalf of a Client during an engagement, we act as the Client's data processor. That processing is governed by the data protection terms in the Engagement Agreement, which require us to:

• process the data only on the Client's documented instructions;
• apply appropriate security measures;
• assist the Client with data subject requests and breach notifications; and
• return or delete the data at the end of the engagement.

16AI and third-party tools

Our services may involve third-party platforms and tools such as Power BI, Looker Studio, cloud data platforms and large language model (LLM) providers. Where this applies:

• the use of those platforms is subject to their own terms, pricing and availability, which we do not control. Subscription and usage costs are the Client's responsibility unless the Engagement Agreement says otherwise;
• AI and machine learning outputs, including predictions, forecasts, summaries and automated actions, are probabilistic and may be inaccurate, incomplete or biased. They should be reviewed by a person before being relied on for important decisions;
• we design AI solutions with appropriate safeguards and human oversight, but the Client is responsible for how it uses AI outputs in its business; and
• we will not put Client Confidential Information or personal data into third-party AI services that use it to train their models, without the Client's agreement.

17Reviews and user content

If you post reviews, comments, assignment submissions or other content on our platform ("User Content"), you keep ownership of it. You grant us a worldwide, non-exclusive, royalty-free licence to host, display and use it in connection with the Services. For reviews, this includes showing them on our website and marketing materials.

You confirm that your User Content is honest, is your own work, and does not infringe anyone's rights or include unlawful, offensive or misleading material. We may remove User Content that breaches these Terms.

18Disclaimers

The content on our website, including blog posts, statistics, case examples and testimonials, is provided for general information only. It does not constitute professional, legal, financial or technical advice for your specific situation. Figures such as projects delivered, client results and satisfaction rates reflect our own records and past engagements, and are not a guarantee of future results.

Except as expressly stated in these Terms or an Engagement Agreement, and to the fullest extent permitted by law, the website and Course Content are provided "as is" and "as available". We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement.

19Limitation of liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

Subject to that, and unless an Engagement Agreement says otherwise:

• we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, business, goodwill, anticipated savings or data, however it arises;
• our total liability arising out of or in connection with a consultancy engagement is limited to the fees paid by the Client under that Engagement Agreement in the 12 months before the event giving rise to the claim;
• our total liability to a Learner in connection with a course is limited to the amount paid for that course; and
• our total liability for use of the free parts of our website is limited to ₦100,000.

We are not responsible for losses caused by the Client's data, systems or instructions, by third-party platforms, or by events beyond our reasonable control.

20Indemnity

You agree to indemnify Datafied, its directors, employees and contractors against claims, losses, damages and reasonable legal costs arising from:

• your breach of these Terms;
• your misuse of the Services; or
• any data, materials or instructions you provide to us that infringe a third party's rights or breach applicable law.

21Suspension and termination

We may suspend or terminate your access to the website, your account or any course, with or without notice, if you materially breach these Terms, if required by law, or to protect the security of the Services or other users. Where termination is due to your breach, you will not be entitled to a refund.

You may close your Academy account at any time by contacting us. Termination of consultancy engagements is governed by the Engagement Agreement. If it says nothing on termination, either party may end the engagement on 30 days' written notice, and the Client must pay for work performed up to the termination date.

Sections that by their nature should survive termination, including those on intellectual property, confidentiality, fees owed, disclaimers, limitation of liability, indemnity and governing law, will continue to apply.

22Governing law and disputes

These Terms, and any dispute arising out of or in connection with them, are governed by the laws of the Federal Republic of Nigeria.

• Amicable resolution: the parties will first try to resolve any dispute in good faith through discussion between senior representatives within 30 days of written notice of the dispute.
• Mediation: if the dispute is not resolved, the parties may refer it to mediation under the Arbitration and Mediation Act 2023.
• Arbitration: if the dispute remains unresolved within 30 days of the mediation request, either party may refer it to final and binding arbitration under the Arbitration and Mediation Act 2023, before a sole arbitrator. The seat of arbitration will be Abuja, Nigeria, and the language will be English.

Either party may seek urgent interim relief from a court of competent jurisdiction. Consumers may also have the right to bring a claim before the Federal Competition and Consumer Protection Commission or the courts.

23General

• Entire agreement: these Terms, our Privacy Policy and any Engagement Agreement form the entire agreement between you and us about their subject matter.
• Severability: if any provision is found invalid or unenforceable, the rest of these Terms remain in full effect.
• No waiver: a delay or failure to enforce any right does not waive that right.
• Assignment: you may not transfer your rights or obligations without our written consent. We may assign these Terms to an affiliate or a successor business.
• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control, including power or internet outages, natural disasters, civil unrest, government action or failures of third-party platforms. This does not apply to payment obligations.
• Independent contractors: nothing in these Terms creates a partnership, joint venture or employment relationship.
• Notices: we may send notices to the email address you have given us. Notices to us should be sent to datafied@datafiedtech.com.

24Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top shows when they were last revised. If we make material changes, we will post a notice on our website or email registered users before the changes take effect. Continuing to use the Services after the changes take effect means you accept the updated Terms. Changes do not affect Engagement Agreements already signed.

25Contact us

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

Please also read our Privacy Policy, which explains how we handle your personal data.