Terms of Service

1. Introduction

These Terms of Use govern your use of Pink Africa and your agreement with us. Here are a few key things to note:

• We can modify these Terms of Service at any time.
• If you purchase a Subscription, it will automatically renew for additional periods of the same duration unless you cancel it.
• Your rights may vary depending on where you are resident when you access Pink Africa.
• If a dispute arises between you and us, you agree to notify us and agree to mediation before bringing any claim against us.

2. Interpretation

In the Terms of Service:

• "Pink Africa": the website accessed via https://pink.africa or via any web browser, which is owned and operated by the Company.
• "we", "our", "us": references to MySubApp Limited, the operator of Pink Africa.
• "Business User": a User who uses Pink Africa for commercial reasons, whether acting on their own behalf or through someone else, including Referring Users.
• "Consumer": all Users who are not Business Users.
• "Content": any material Uploaded to Pink Africa by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
• "Contract between Fan and Creator": the terms which govern each Creator Interaction.
• "Creator": a User who has set up their Pink Africa account to post Content for Fans to view.
• "Creator Earnings": the portion of a Fan Payment payable to a Creator pursuant to these Terms of Service after deducting all fees and applying all relevant tax laws.
• "Creator Interaction": an interaction on Pink Africa that grants access to a Creator’s Content, including: (i) a Subscription; (ii) a payment for pay-per-view Content; and (iii) any other interaction or payment between a User and a Creator’s account or Content, including direct messages.
• "Fan": a User who has registered for an account and who can access a Creator’s Content via a Creator Interaction.
• "Fan Payment": any payment related to a Creator Interaction.
• "Include", "Includes", and "Including" also mean "without limitation".
• "Indirect Sales Taxes": any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction.
• "Notice", "Notify", and "Notification": our attempt to share information with you by: sending a message to your Pink Africa account, or sending an email to an address you provide, or posting a letter to the physical address you provide, or sending a text message to or calling a phone number you provide.
• "Referring User": a User who participates in the Pink Africa Referral Program.
• "Subscription": a Fan’s binding agreement to obtain access for a specific period of time to all content that a Creator makes available to Fans in exchange for authorised automatic renewal payments. This excludes individually priced content.
• "Tax": all forms of tax and statutory, governmental charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any applicable jurisdiction.
• "Terms of Service" (also called "your agreement with us"): the legally binding agreement between you and us which consists of: (i) these Terms of Use; (ii) Acceptable Use Policy; (iii) Referral Program Terms; (iv) Complaints Policy; and (v) Community Guidelines.
• "Upload": publish, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
• "User": any user of Pink Africa, whether a Creator or a Fan or both (also referred to as "you" or "your").

3. Who We Are and How to Contact Us

Pink Africa is operated by MySubApp Limited. We are a private company limited by shares, registered in the Federal Republic of Nigeria with RC Number 1956588. Our registered office address is at 125, Ugwuaji Road, Independence Layout, Enugu, Enugu State, Nigeria.

To contact us with questions, please email support@pink.africa. You may also write to us at 125, Ugwuaji Road, Independence Layout, Enugu, Enugu State, Nigeria.

4. Changes to the Terms of Service

Where permitted, we may change any part of the Terms of Service without Notice to reflect changes in applicable laws and regulations and/or to address a risk to Pink Africa, to us, to Users, or to relevant third parties.

We may also make other changes and will Notify you so you may delete your account before the changes take effect. Once updated you will be bound by the effective Terms of Service if you continue to use Pink Africa.

5. Changes to the Platform

We may change Pink Africa from time to time for any reason. We do not guarantee that Pink Africa, or its Content, will always be available or accessible without interruption. We may suspend, withdraw, or restrict the availability of any part of Pink Africa.

6. Registering with Pink Africa

By registering with and using Pink Africa, you agree to the Terms of Service. If you do not agree, your sole remedy is to not register or stop being a Pink Africa User. We may reject an account application for any reason. To use Pink Africa you must register and open an account. You must provide a valid email address, a username, and a password or authenticate using an approved third-party.

To register as a User and open a Fan account:

• You must be at least 18 years old.
• You must be able to be legally bound by a contract with us.
• You must be legally permitted to join, view Content, and to use any functionality provided by Pink Africa.
• You must not be convicted of committing a serious crime.
• You agree to pay (where required) for Creator Interactions in accordance with the Terms of Service and the Contract between Fan and Creator.

To open a Creator account, you must also:

• Upload a valid form of ID and two photos of you.
• Add a bank account, payment details for your bank account, or a payment method.
• Select a method (“Payout Option”) for us to transfer Creator Earnings to you.
• Submit additional age or identity verification information any time we ask for it.
• Set a monthly subscription price, if any, for your Fans.
• Add Content for Users to view when they subscribe to your account and become your Fans.
• Provide any additional information we request, which may vary depending on where you live or your nationality.

7. Adult Material

Some Content on Pink Africa contains adult material, and you acknowledge and agree to this when you access Pink Africa. We are not responsible for any loss or damage you suffer as a result of how or where you view Content.

8. Content — General Terms

Your Content is not confidential, and you authorise your Fans to access and view your Content on Pink Africa for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.

You are legally responsible for all Content you Upload. If you are a Creator and someone else assists you with the operation of your Creator account, this does not affect your legal responsibility. Our relationship is with you, and not with any third-party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.

You warrant that, for each item of Content you Upload:

• it complies with the Terms of Service and all applicable laws;
• you own your Content (and all intellectual property rights in it) or hold all rights necessary, including licenses, to post and monetise the Content on Pink Africa;
• if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content;
• the Content is of satisfactory quality, reasonably suitable for any purpose which the Fan has made known to you, and as described by you.

You are liable to and will indemnify us if any warranty in this section is untrue. This means you will be responsible for any resulting loss or damage we suffer.

We are not responsible for, do not control, and do not endorse any Content you or any other Pink Africa User posts. We reserve the right to pre-screen, monitor, or reuse Content. We reserve the right to remove Content that violates our Terms of Service.

You agree to act as custodian of records for all Content you Upload to Pink Africa.

9. Fan Subscriptions and Purchases

Creator Interactions are governed by the Contract between Fan and Creator. We may moderate Content and we facilitate Creator Interactions by providing the Pink Africa platform, but we are not a party to the Contract between Fan and Creator, and we are not responsible for Creator Interactions.

Creators are solely responsible for determining any pricing applicable to Creator Interactions.

All prices appear, and are charged, in USD. Payment providers may charge currency conversion fees.

Fan Payments are exclusive of Indirect Sales Tax, which shall be added at the current rate as applicable to Fan Payments.

When you select “Subscribe,” you agree to start a Subscription. A Subscription will automatically renew at the current rate (plus Indirect Sales Tax). You authorise us to charge you again after each Subscription, unless: (i) your payment is declined and you have not provided another payment; (ii) the Subscription price has increased; (iii) you switched off the “Auto-Renew” feature on the Creator’s account; or (iv) you close your Pink Africa account before the new subscription period begins. By selecting “Subscribe,” you agree to these provisions, and acknowledge that you will not receive further Notice regarding the renewal of that Subscription.

If you cancel a Subscription, you can view the relevant Creator’s Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from you.

You agree not to make: (i) unjustified requests for a refund; or (ii) unjustified chargeback requests of your payment card provider in relation to any Creator Interaction. If we determine that any refund or chargeback request was made by you in bad faith, we may suspend or delete your User account.

You can prepay an amount on Pink Africa (“Wallet Credits”) which you can later use for Fan Payments. Wallet Credits are non-refundable. Interest will not accrue on Wallet Credits.

10. Creator Payouts

All Fan Payments will be received and processed by a third-party payment provider we approve.

Our Fee is calculated as 20% of the total Fan Payment and will be deducted from each Fan Payment.

Creator Earnings will only be available for withdrawal when reflected in your Pink Africa account. To withdraw Creator Earnings, your account balance must meet the minimum payout amount requirement.

All Fan Payments and Creator Earnings are transacted in USD. Your bank or e-wallet company may charge currency conversion or other fees. We are not responsible for paying such charges.

If a Fan successfully seeks a refund or chargeback, we may deduct an amount equal to the Creator Earnings portion of the refunded or charged-back amount.

11. Tax Compliance

Creators are responsible for their own Tax affairs and neither we nor any subsidiary are responsible for advising you on your Tax affairs or liable for any Creator’s non-payment of Tax.

By using Pink Africa as a Creator, you warrant that you have reported, and will report in the future, all payments you receive in connection with your use of Pink Africa to the relevant Tax authority in your jurisdiction, as required by law.

You alone are responsible for ensuring that you make any necessary Tax filings and pay any Tax due on your earnings on Pink Africa. Failure to comply with your Tax obligations may result in your Pink Africa account being closed or suspended.

12. Our Rights and Obligations

We reserve the right to suspend or remove Content that may breach our Terms of Service. We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content when we become aware it is on Pink Africa.

When we review Content in accordance with our internal policies, we reserve the right to conduct these reviews with technology tools such as classifiers, and Artificial Intelligence and Machine Learning-enabled tools.

We may suspend or delete Content and accounts according to our Terms of Service. If we do, we will try to Notify you.

We may review any suspected or alleged misuse, abuse, or unlawful use of Pink Africa and cooperate with law enforcement agencies in such reviews.

Other than Content which is owned by or licensed to Creators, we and/or our licensors own all rights in and to Pink Africa and its entire contents.

13. What We Are Not Responsible For

We will use reasonable care and skill in providing Pink Africa to you, but there are things we are not responsible for, including:

• We do not control Content that Users post on Pink Africa. We do not choose, endorse, authorise, approve or guarantee the completeness, legitimacy, legality, accuracy, or reliability of any Content.
• We do not grant you any rights in relation to Content.
• Whether your Content is viewed by individuals that recognise your identity.
• Any promise or guarantee that Creators or Referring Users will generate earnings from Pink Africa.
• Whether Pink Africa is compatible with all devices and operating systems.
• The availability of the internet, or any issues in your hardware or software.
• Any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorised activities.

14. Suspension or Deletion of Accounts

We may suspend or delete your account with 30 days’ Notice, at any time, for any reason.

At any time, without warning or Notice and for as long as is necessary, we may: (i) suspend or delete your account and/or your Content; (ii) pause Fan Payments which would have been due during the suspension period; (iii) withhold any part of your Creator Earnings; and/or (iv) suspend, refund, or cancel Fan Payments if:

• we think you have or may have seriously or repeatedly breached the Terms of Service;
• you attempt, or threaten, to breach the Terms of Service in a way which we think has or could have serious consequences for us or another User; and/or
• we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity.

If you do not dispute our decision within six months of Notification, you waive the right to dispute the decision.

15. Intellectual Property Rights

You confirm that your Content does not infringe or violate the intellectual property rights of any third-party and that you own or have obtained all rights necessary.

You agree to grant us a license to all your Content to perform any act related to the operation of Pink Africa and our related products and services, including reproducing, making available or displaying to the public, distributing, creating derivative works, and otherwise using your Content.

The license you grant us is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable by us.

We will never sell your Content to other platforms; however, in the event of a sale or reorganization of our company or its assets, we may transfer any license you have granted us.

16. Co-authored Content

You are legally responsible for all Content you Upload. You may Upload Content that features someone other than you (“Co-Authored Content”).

You warrant that each individual in Co-Authored Content you Upload is: (i) a Creator you have tagged using the tool available on the platform; or (ii) an individual at least 18 years of age whose proof of identity and written, informed consent you have obtained.

17. Sharing and Linking

Do not link to Pink Africa in a way that is deceptive or that suggests any form of association, approval, or endorsement on our part.

Do not promote your Pink Africa account using Google Ads or any similar advertising platform or search engine advertising service.

Links on Pink Africa to other web sites are provided for your convenience only. We are not liable for those linked websites.

18. Advertising on Pink Africa

If you Upload Content to your Creator account which is designed to promote third-party goods or services in return for payment (“Advertising Content”), then you must ensure the Advertising Content:

• is not illegal, prejudicial, threatening, false, fraudulent, harmful, hateful or in violation of our Acceptable Use Policy;
• does not advertise cigarettes, other tobacco products, electronic cigarettes, illegal drugs, or any prescription-only medicine;
• does not advertise, promote, or facilitate illegal gambling;
• does not direct any Advertising Content for alcoholic drinks at minors or encourage excessive consumption of alcohol.

19. Transparency Requirements

Advertising Content must be clearly labelled with a signifier such as #ad, #paidpromotion or #sponsored, and must include the name of the brand advertised and who paid for it.

AI Generated Content must comply with our Terms of Service and must be clearly captioned as AI Generated Content with a signifier such as #ai or #AIGenerated.

20. Account Deletion

You may delete your Pink Africa account in the ‘User Account’ section of your account.

If you are a Fan, we will delete your account within a reasonable time and will not charge any further Subscriptions.

If you are a Creator, your account will remain open until all active Fan Subscriptions expire. We will then pay all unpaid Creator Earnings and delete the account.

After your account is deleted, we may deal with your data in accordance with our Privacy Policy.

21. Limitation of Liability

Whether you are a Consumer or Business User we do not limit our liability where it would be unlawful to do so. Consumers may rely on mandatory provisions of law that apply to them.

We, our subsidiaries, and our employees, owners, representatives, and agents are not liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings arising from or in connection with your use of the platform.

Our total liability to you for any and all claims arising out of or related to your agreement with us shall be limited to the greater of: (i) 100% of the total fees paid by you to us; or (ii) USD $1,000.

22. General

If any aspect of your agreement with us is unenforceable, the rest will remain in effect. If we fail to enforce any aspect, it will not be a waiver.

Agreeing to our Terms of Service and using Pink Africa does not create an agency, partnership, joint venture, or employee–employer relationship.

You cannot transfer, assign, or subcontract your rights or obligations under any agreement with us.

Our rights and obligations under your agreement with us can be assigned or transferred by us to others.

23. Choice of Law and Forum for Disputes

For Consumers:

Choice of law: To the greatest extent permitted by the laws of the place where you live, your agreement with us is governed by the laws of the Federal Republic of Nigeria, which will apply to any claim arising out of or in connection with your agreements with us or your use of Pink Africa including non-contractual disputes or claims. You may also rely on mandatory rules of the law of the country where you live.

Forum selection: The courts of the Federal Republic of Nigeria will have jurisdiction over any claim which arises out of or in connection with your agreement with us. Users resident in the European Union may bring claims in the courts of the country where they live.

For Business Users:

Choice of law: Your agreement with us is governed by the laws of the Federal Republic of Nigeria.

Forum selection: You and we agree that the courts of the Federal Republic of Nigeria will have jurisdiction.

Limitation period:

Except where prohibited by applicable law, any claim or cause of action against us must be filed within one year after the date on which such claim or cause of action arose, or that claim is expressly waived and cannot be brought.

You agree to notify us prior to bringing any cause of action and, if we request it, to submit any dispute to pre-suit mediation. This provision is a material inducement to allow you to use Pink Africa.