Terms of Use

1. Acceptance of Terms

Using the Services signifies unqualified acceptance, and the agreement is enforceable from the first access, regardless of whether the user is registered or a visitor. Ofilix Technology reserves the right to modify the agreement at any time and will notify users of material changes via email, in-app notification, or website posting. Continued use after changes implies acceptance of the new terms.

2. Definitions

User/You: Any individual, church, ministry, or organization that accesses or uses the Services.

Account: The User-specific profile created to access and utilize the Services.

Data: All information, content, and materials, including but not limited to text, images, financial records, and contact details, that you submit, store, or process on the TAMS platform.

Subscription Plan: A paid service tier (e.g., Root, Sprout, Blossom) that provides access to specific features of the Services.

Third-Party Services: External applications, services, or platforms, such as payment processors or communication providers that are integrated with TAMS.

Intellectual Property (IP): All patents, copyrights, trademarks, trade secrets, and other proprietary rights related to the Services and Ofilix Technology.

3. Eligibility and Account Management

To create an account and use the Services, you must be at least 18 years of age or have reached the legal age of majority in your jurisdiction. You represent and warrant that all information you provide during registration and throughout your use of the Services is accurate, truthful, and complete.

You are solely responsible for:

Maintaining the confidentiality and security of your login credentials. All activities that occur under your Account, whether or not such activities were authorized by you. Notifying us immediately of any unauthorized use of your Account or any other security breach.

We reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Services if we suspect that the information provided is false, incomplete, or if you are engaging in unauthorized activities.

4. Services Provided

TAMS provides a suite of administrative and management tools for churches and organizations, including but not limited to membership management, financial tracking, event scheduling, and communication features.

We retain the exclusive right to add, modify, suspend, or discontinue any feature or component of the Services at any time, with or without notice. We are not liable to you or any third party for any such changes, unless the change materially degrades the core functionality of the Services for which you have a paid Subscription.

5. Subscription, Payments, and Billing

Subscription Plans: Access to certain features requires a paid Subscription Plan.

Billing: Fees for Subscription Plans are billed on a monthly or yearly basis, in advance. You agree to pay all applicable fees for the Services you select. All payments are non-refundable, except as required by applicable law.

Payment Failure: Failure to make timely payments may result in the suspension or termination of your Account and access to the Services.

Cancellation: You may cancel your Subscription at any time. Cancellation will be effective at the end of your current billing cycle, and you will retain access to the Services until that time. No refunds will be issued for any unused portion of a Subscription period.

6. Acceptable Use Policy

You agree not to use the Services for any purpose that is prohibited by this Agreement or is otherwise unlawful. Prohibited activities include, but are not limited to:

Engaging in any illegal, fraudulent, or malicious activities. Uploading or transmitting viruses, worms, or other harmful code. Misusing or unauthorized access to congregant or member Data in violation of privacy laws or policies. Reselling, sub-licensing, or commercially exploiting the Services without our explicit written consent. Copying, modifying, reverse-engineering, or creating derivative works of the Services.

Violation of this section may lead to immediate suspension or termination of your Account, and we reserve the right to pursue any and all available legal remedies.

7. Data Ownership, Privacy, and Security

Data Ownership: You retain full ownership and control of all Data you enter into TAMS.

License: You grant us a limited, non-exclusive, royalty-free, worldwide license to use, store, process, and transmit your Data solely for the purpose of providing the Services. This license terminates upon the deletion of your Data from the Services.

Privacy and Security: We are committed to protecting your Data and implement industry-standard security measures. However, we cannot guarantee absolute security. Data processing is governed by our separate Privacy Policy, which is incorporated by reference into this Agreement. You are responsible for ensuring your Data practices comply with all relevant laws, including but not limited to the Nigeria Data Protection Regulation (NDPR) and the General Data Protection Regulation (GDPR).

8. Termination

This Agreement is effective until terminated by either you or us.

Termination by Us: We may, at our sole discretion, suspend or terminate your Account and access to the Services immediately if you breach any provision of this Agreement, fail to pay fees, or engage in fraudulent or harmful activities.

Termination by You: You may terminate your Account at any time by following the instructions within the Services or by sending a written notice to support@tamshq.com.

Upon termination, your right to use the Services ceases immediately. Your Data will be handled in accordance with our Data Retention & Deletion Policy.

9. Disclaimer of Warranties and Limitation of Liability

THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE,' WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FULLY SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OFILIX TECHNOLOGY, ITS OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, PROFITS, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Ofilix Technology, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with:

Your access to or use of the Services.

Your violation of this Agreement.

Your infringement of any third-party rights, including but not limited to intellectual property or privacy rights.

Your violation of any applicable laws or regulations.

11. Intellectual Property Rights

All rights, title, and interest in and to the TAMS platform, including all software, trademarks, logos, and other Intellectual Property, are and shall remain the exclusive property of Ofilix Technology. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Services for your internal administrative purposes, subject to the terms of this Agreement. You may not copy, distribute, modify, or use our Intellectual Property without our prior written consent.

12. Governing Law and Dispute Resolution

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.

Dispute Resolution: In the event of any dispute arising from this Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within a reasonable timeframe, it shall be submitted to binding arbitration in Lagos, Nigeria, in accordance with the Arbitration and Conciliation Act (Cap A18, Laws of the Federation of Nigeria 2004), as amended.

13. General Provisions

Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Entire Agreement: This Agreement, together with our Privacy Policy and any other policies referenced herein, constitutes the entire and complete agreement between you and Ofilix Technology concerning the Services, superseding all prior and contemporaneous understandings, agreements, representations, and warranties.

Notices: All notices under this Agreement shall be in writing and sent to the email address linked to your Account. You may contact us at support@tamshq.com.