Introduction

Please read these Terms and Conditions (“Terms of Use” or “Terms”) carefully as they form a legal agreement between you and VivaFemini Limited (“VivaFemini”, the “Company”, “we”, “us” or “our”) and contain important information about your rights, responsibilities, and obligations in relation to your use of our services, website www.vivafemini.org), and/or our mobile and web applications (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use VivaFemini. In addition to these Terms, your use of the Platform is subject to our Privacy Policy, Community Guidelines, and any other agreement that may apply depending on your role as a health seeker, healthcare professional, or administrator (the “Related Agreements”). If there is any conflict between these Terms and any Related Agreement, the specific terms of the Related Agreement shall prevail. We may update these Terms from time to time by publishing a revised version on the Platform. Where updates materially affect your rights or obligations, we will provide you with at least five (5) days’ advance notice before the changes take effect. However, you acknowledge that it is your responsibility to review these Terms periodically for updates. Your continued use of the Platform after any modification constitutes your acceptance of the revised Terms.

Age Restriction

The VivaFemini Platform is designed primarily for adult users. You must be at least 18 years of age, or the age of legal majority in your country of residence, whichever is higher, to create an account and use the Platform independently. VivaFemini does not knowingly allow children under 18 to register in their own name, submit personal data, or independently access healthcare services through the Platform. If we become aware that an account has been created by or on behalf of a person under 18 without proper authorization, we reserve the right to suspend or permanently delete such account and any associated data in order to protect the privacy and safety of the child.

Dependent Minor Access

A parent, legal guardian, or duly authorized caregiver may create and manage a sub-account for a dependent minor for the purposes of monitoring health, booking consultations, or accessing wellness information relevant to the dependent’s healthcare needs. By creating or managing such a sub-account, you expressly confirm and warrant that you have the legal authority to act on behalf of the dependent minor, and that all information provided is accurate and truthful. Any medical or wellness consultation carried out for a dependent minor must be initiated, authorized, and supervised in real-time by the parent, guardian, or authorized caregiver to ensure valid consent and oversight of the dependent’s health management.

User Representation and Responsibility

By registering and using the Platform, you represent and warrant that you meet the age and eligibility requirements under these Terms and under the laws of your jurisdiction. You agree to take full responsibility for all activities carried out under your account, including activities performed on behalf of any dependent minors linked to your account. You further agree to immediately inform VivaFemini if you suspect any unauthorized use of your account or any breach of security relating to your account or sub-accounts.

Right of Refusal and Termination

VivaFemini reserves the sole right, at its discretion, to refuse registration, suspend access, or terminate accounts if there is reason to believe that:

• Eligibility requirements have not been met,
• Account information is false, misleading, or incomplete,
• or The Platform is being used in violation of these Terms or applicable laws.

These rights are exercised to protect the safety, privacy, and integrity of the VivaFemini Platform and its community of users.

Compliance with Applicable Laws

By using the Platform, you confirm that your use does not and will not violate any local, national, or international laws or regulations applicable in your jurisdiction. This includes, but is not limited to, laws relating to data protection, telemedicine, healthcare provision, and child protection. You also acknowledge that VivaFemini is a privacy-first platform, and therefore all activities conducted on the Platform must adhere strictly to VivaFemini’s Privacy Policy, community guidelines, and these Terms.

Disclaimer on Misrepresentation of Age and Authority

VivaFemini is not responsible or liable for any false declaration of age, misrepresentation of eligibility, or unauthorized creation or use of sub-accounts for minors. The full responsibility for ensuring the lawful and appropriate use of VivaFemini by minors rests with the parent, guardian, or authorized caregiver who creates or manages such accounts. By using the Platform, you agree to indemnify and hold VivaFemini harmless from any claims, liabilities, or damages arising out of or related to your misrepresentation of age, authority, or misuse of the Platform on behalf of a dependent minor.

Services

VivaFemini Limited is the owner and operator of the VivaFemini Platform, a mobile and web-based application developed to support women throughout their health and wellness journeys. The Platform provides access to a wide range of features including personalized cycle and symptom tracking, wellness coaching, educational health content, community engagement, and confidential telehealth consultations with licensed healthcare professionals and wellness partners (collectively, the “Services”). It is important to note that VivaFemini is not a hospital, clinic, or medical practice, and we do not directly provide medical diagnosis, treatment, or emergency care. Our role is to act strictly as a technology provider, offering a secure and culturally attuned platform that connects users with qualified, independent healthcare professionals, while also delivering tools for education, community support, and self-care. All medical, wellness, or counselling services accessible through the Platform are delivered by independent healthcare professionals, practitioners, and partners who are neither employees nor agents of VivaFemini. These professionals bear sole responsibility for the services they provide, including the accuracy of their a dvice and the outcomes of any consultations. VivaFemini does not control or guarantee the professional judgment of these providers. Our responsibility is liimited to facilitating secure access, maintaining robust privacy and data protection standards, and ensuring a safe and supportive environment for women to engage with trusted information and services. Nothing in these Terms shall be interpreted to establish a doctor–patient relationship between Us and any user, nor to suggest that VivaFemini itself provides professional medical services.

Practitioners

Through the Platform, users may consult licensed healthcare practitioners across multiple specialties, including obstetrics, gynecology, mental health, nutrition, and wellness coaching (collectively, “Practitioners”).

• Independent Practitioners: These are qualified doctors, therapists, nutritionists, and wellness professionals who use the Platform to connect with users. They are engaged strictly as independent contractors and are not employees, agents, or representatives of VivaFemini. Each practitioner is solely responsible for the advice, diagnosis, or treatment they provide, and for compliance with all professional, regulatory, and legal obligations governing their practice. VivaFemini does not supervise or control their professional judgment.
• Partner Medical Practitioners: Users may also interact with licensed practitioners who are employed or engaged by registered institutional partners of VivaFemini, including hospitals, pharmacies, diagnostic centers, and HMOs. These practitioners remain subject to the authority of their employing institutions, and VivaFemini disclaims any responsibility for the professional conduct or services provided by them.

Partners

We may collaborate with institutional partners, such as healthcare providers, HMOs, NGOs, employers, government programs, and corporate organizations, to extend access to Services. Where your access is funded or facilitated through such a partner, your eligibility, entitlements, and coverage are determined by that partner’s policies. If a partner refuses, limits, or later withdraws coverage, you remain personally responsible for all fees and costs associated with your continued use of the Platform. We are not liable for disputes between you and any partner organization.

Non-Medical Services

Beyond Telehealth, we offer a range of non-clinical services intended to support women’s holistic health and lifestyle goals:

• a. AI-Powered Health Tracking: Tools for cycle tracking, symptom logging, mood monitoring, and pregnancy milestones, with insights generated through predictive analytics. These tools are for informational purposes only, designed to help users monitor patterns and adopt healthier practices. They are not diagnostic instruments and should not replace professional medical advice.
• b. Community Engagement: Moderated forums, peer support groups, expert Q&A sessions, live webinars, and other interactive spaces where women can share experiences and learn from one another. We promote a respectful and safe environment, but user-generated content represents individual views, not those of VivaFemini. Users remain responsible for their contributions and interactions.
• c. Wellness Coaching & Lifestyle Programs: Access to structured programs and coaching on nutrition, fitness, mental wellness, and habit-building. These resources are educational in nature and not a substitute for professional medical or psychological care. We assume no liability for decisions made by users based on these resources.
• d. Health Information Library: A curated repository of culturally relevant, evidence-based articles, videos, and podcasts. While we strive to ensure accuracy and reliability, the information provided is for general educational purposes and does not constitute medical advice or establish a doctor–patient relationship.
• e. Marketplace: A platform to connect users with trusted products and services, including supplements, wellness products, and health-related services. All marketplace transactions occur directly between the user and the vendor. We do not endorse, warrant, or guarantee the quality, safety, or effectiveness of third-party products and shall not be liable for any disputes, losses, or damages arising from such transactions.

Registration and Account Information

To use Our Services, you must register by providing accurate, complete, and current account information, including your full legal name, valid contact details, and any required health information (“Account Information”). You are responsible for ensuring your Account Information remains current. If you provide false, incomplete, or misleading information, We reserve the right to restrict, suspend, or terminate your access to the Platform.

Payment for Services

Certain Services are provided free of charge, while others require payment, including subscriptions, consultations, and marketplace purchases. All fees are displayed prior to payment and are inclusive of applicable taxes (including Value Added Tax, where required). Payments are processed through our authorized payment partners, and you must comply with their terms and conditions when completing transactions. We are not liable for delays, errors, or losses caused by third-party payment providers. If your access to Services is covered by a partner (e.g., HMO, employer, or NGO), payment obligations are determined by that partner’s policies. If your coverage is denied, restricted, or withdrawn, you remain personally responsible for payment of all fees incurred.

License to Use the Platform

VivaFemini will use reasonable efforts to ensure the availability and functionality of the Platform, but we do not guarantee uninterrupted or error-free access. Service availability may be affected by internet connectivity, network coverage, power outages, maintenance, updates, or failures of third-party providers. VivaFemini shall not be held responsible for any interruptions, loss of data, or inability to access Services due to factors beyond its control. Users are encouraged to maintain their own records of important health information.

Service Availability

Subject to these Terms, VivaFemini grants you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Platform for your personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, or otherwise exploit the Platform or any part of its Services without Our prior written consent. We reserve the right to update, expand, restrict, or discontinue any Service at our sole discretion.

Important Disclaimers

We do not provide hospital services, emergency medical care, or direct diagnosis and treatment. The Platform is designed to supplement, not replace, traditional healthcare. If you believe you are experiencing a medical emergency, you must immediately call local emergency services or visit the nearest hospital. We do not guarantee the outcome of any consultation, treatment, or service obtained through the Platform. Responsibility for such services rests solely with the independent practitioners or partners providing them.

Account Creation

To access and use the VivaFemini Platform, you must create a personal user account (“User Account”) by providing accurate, complete, and current information, including but not limited to your full legal name, a valid email address, phone number, and any health or demographic information required during the registration process (“Account Information”). Where you are accessing VivaFemini’s Services through a partner program (for example, through an HMO, employer, NGO, or government agency), you may be required to create an account via the partner’s designated access route, subject to these Terms. You acknowledge and agree that you are solely responsible for the accuracy of all information provided at the time of registration and thereafter. If your account is created through a partner and your insurance coverage, subsidy, or sponsorship is denied, withdrawn, or restricted for any reason, you remain personally responsible for all incurred costs and fees associated with your continued use of the Platform.

Identity Verification

By creating an account, you expressly authorize us to verify your identity and eligibility to use the Platform. This may include making inquiries directly or through third-party service providers, such as identity verification vendors, payment processors, compliance organizations, and financial crime prevention agencies. VivaFemini reserves the right to take any action it deems necessary based on the results of such inquiries, including but not limited to suspension, restriction, or termination of your User Account, as well as the disclosure of your information to competent authorities where required by law.

Obligation to Update Account Information

You agree to promptly update your Account Information to ensure it remains accurate, complete, and current at all times. In particular, if you change your name, email address, phone number, or physical address, you must notify VivaFemini within fourteen (14) days of such change. If you fail to keep your Account Information current, VivaFemini may be unable to provide you with important notices, respond to your inquiries, or maintain the integrity of your account. We will not be liable for any loss, delay, or miscommunication caused by your failure to update your information.

Account Security and User Responsibility

You are solely responsible for maintaining the confidentiality of your login credentials, including your username and password, and for securing the electronic device you use to access the Platform. You agree not to share your login credentials with any other person and not to allow any unauthorized individual to access your User Account. If you choose to share your password or device with another individual, you do so entirely at your own risk, and VivaFemini shall not be liable for any resulting losses, damages, or unauthorized transactions. You further agree to take all reasonable steps to prevent unauthorized access to your account, including by using secure passwords, enabling device-level security features (such as PIN codes or biometrics), and logging out after each session. The use of another person’s User Account is strictly prohibited. You also agree to immediately notify VivaFemini if you suspect or become aware of any unauthorized use of your User Account or breach of security.

VivaFemini’s Rights and Indemnity

VivaFemini reserves the right, at its sole discretion, to suspend, restrict, or permanently terminate your access to the Platform if it believes your account has been compromised, used for fraudulent purposes, or used in violation of these Terms. You agree to indemnify, defend, and hold harmless VivaFemini, its affiliates, and its partners from and against any and all claims, damages, liabilities, losses, or expenses (including legal costs) arising from:

• Your failure to maintain the confidentiality and security of your User Account;
• Your failure to provide accurate, complete, and updated information;
• Or any use of your account, whether authorized or unauthorized, that violates these Terms or applicable law.

General Payment Terms

Certain Services on the VivaFemini Platform are offered free of charge, while others require payment, including but not limited to subscription plans, one-time telehealth consultations, wellness coaching sessions, premium community access, and purchases made through the VivaFemini Marketplace. All fees for paid Services will be clearly displayed on the Platform before you are asked to confirm payment. By proceeding with payment, you agree to pay the applicable fees for your chosen Service, including all taxes, levies, or duties imposed by law. Unless otherwise stated, all prices displayed on the Platform are inclusive of Value Added Tax (VAT) and any other applicable taxes.

Payment Processing

Payments are processed through VivaFemini’s authorized third-party payment partners. By making a payment, you agree to be bound by the terms and conditions of such payment providers. VivaFemini does not directly store or process your payment card details and disclaims any liability for delays, errors, failed transactions, or losses arising from third-party payment processors. Where payment is required in foreign currency, exchange rates will be determined by the payment provider, and additional charges (such as conversion or bank fees) may apply. We are not responsible for variations in exchange rates or additional charges applied by your bank or card issuer.

Subscriptions

Some Services are available only through subscription plans. By subscribing, you authorize VivaFemini Ltd to charge you the applicable subscription fee on a recurring basis (monthly, quarterly, or annually, as selected by you) until you cancel. Subscription fees are billed in advance and are non-refundable except where required by applicable law. You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing cycle, and you will retain access to paid Services until then. We do not provide refunds or credits for partially used billing cycles, except in cases where VivaFemini itself discontinues the relevant Service. We reserve the right to change the pricing, features, or structure of subscription plans. Any price increases or material changes to your subscription will be communicated to you in advance, and you will have the option to cancel before the new terms take effect.

One-Time Consultations and Services

Where you book a telehealth consultation or access a premium non-medical service (such as a wellness coaching session), you will be charged a one-time fee as displayed at the time of booking. Payments must be completed before the consultation or service is delivered. In the event that a Practitioner fails to attend a scheduled consultation, you may be eligible for a refund or rescheduling at no additional cost. Refund eligibility will be determined at VivaFemini’s sole discretion. We shall not be liable for delays, cancellations, or changes caused by third-party providers.

Partner-Funded Access

If you are accessing Services through a registered VivaFemini partner (such as an HMO, employer, NGO, or government agency), the terms of your access, entitlements, and coverage will be determined by that partner’s agreement with VivaFemini. VivaFemini is not responsible for any disputes between you and the partner, and if your coverage is denied, limited, or withdrawn, you remain personally responsible for all fees associated with continued use of the Platform.

Refunds and Disputes

Except as expressly provided under these Terms or required by applicable law, all payments made to VivaFemini are final and non-refundable. If you believe a payment was made in error, or you wish to dispute a charge, you must contact VivaFemini’s support team within seven (7) days of the transaction. Failure to notify VivaFemini within this timeframe constitutes a waiver of your right to dispute the charge. Refund requests will be considered on a case-by-case basis, and VivaFemini’s decision on any refund is final. Where refunds are approved, they will be processed through the same payment method used for the original transaction, less any applicable processing or administrative fees.

Failure to Pay

If you fail to pay any fees when due, VivaFemini reserves the right to suspend or terminate your access to paid Services until payment is received in full. You remain responsible for all outstanding amounts, including collection costs and legal fees, if applicable. VivaFemini may also report non-payment to credit reference or compliance agencies as permitted by law.

License Conditional on Payment

Your right to use paid Services is conditional upon timely and complete payment of all fees. If you do not pay the applicable fees, your license to access the corresponding Services may be revoked, suspended, or limited without further notice.

Medical and Wellness Disclaimer

At VivaFemini, our mission is to create a safe, trusted, and empowering space where women can take charge of their health journeys. Through our platform, you gain access to health information, confidential telehealth services, wellness resources, AI-powered tools, and vibrant communities of support. While we are deeply committed to ensuring the quality, privacy, and accessibility of these services, it is important to understand their scope and limitations so you can make informed choices with confidence.

Independent Practitioners and Partners

The medical and healthcare services available on VivaFemini are provided by independent, licensed healthcare professionals and trusted institutional partners. These practitioners are fully responsible for the quality, accuracy, and appropriateness of the care they deliver, as well as for complying with the ethical and professional standards of their field. VivaFemini itself is not a hospital or medical institution and does not practice medicine. Instead, we provide the technology platform that enables women to connect with qualified professionals, access resources, and manage their health privately and conveniently. Any medical relationship you establish through VivaFemini exists solely between you and the practitioner or partner you choose to engage with.

Health Information and Educational Content

VivaFemini hosts a rich library of culturally relevant and evidence-based health information, as well as AI-powered tools designed to give you insights into your cycle, symptoms, or lifestyle patterns. This content is meant to educate, inform, and empower you, helping you to make better decisions about your health. However, this information is not a substitute for medical advice. It cannot replace the knowledge and expertise of a qualified healthcare professional who knows your personal health history. 

Community Support and Peer Engagement

We believe that women thrive when they can share experiences, exchange stories, and learn from one another. That is why VivaFemini provides safe, moderated spaces for open discussion. These communities are designed to foster connection, solidarity, and encouragement. While these spaces can be powerful sources of inspiration and peer support, the views and advice shared by community members are personal opinions, not professional recommendations. Each woman’s health journey is unique, so we encourage you to consider community content as general support, and to consult qualified practitioners for personal medical or wellness concerns.

Wellness, Lifestyle, and Coaching Services

Beyond medical consultations, VivaFemini offers access to wellness coaching, fitness guidance, nutrition resources, and mental health support. These services are intended to complement your overall wellbeing by helping you build healthier habits, manage stress, and embrace balanced living. That said, these coaching and lifestyle services are not designed to diagnose or treat medical conditions. They are supportive tools to help you live well, but they do not replace consultation with a doctor, therapist, or specialist when you need one. For any significant change to your diet, exercise routine, or mental health plan, please consult a qualified professional.

AI-Powered Insights and Digital Tools

Our AI-powered features are designed to provide personalized forecasts, reminders, and insights that can make it easier to track your cycle, understand your body, and stay on top of your wellness goals. These tools are constantly improving, but they cannot guarantee accuracy or serve as a medical diagnosis. You should view AI-powered insights as guidance to support awareness and decision-making, not as definitive answers about your health. For any medical concerns, a qualified healthcare professional remains the best source of advice.

Emergency and Urgent Care

VivaFemini is not an emergency service. If you are experiencing a medical emergency, or believe your situation requires urgent attention, please immediately call your local emergency number or go to the nearest hospital or clinic. The Platform cannot and should not be relied upon in such situations.

Limitations of Responsibility

While VivaFemini works diligently to create a safe, reliable, and empowering environment, your health journey is deeply personal, and our role is to provide the tools, access, and support to help you navigate it. The responsibility for your health decisions ultimately rests with you and the licensed professionals you choose to consult.

General Payment Terms

By creating an account or accessing any paid feature of the VivaFemini Platform, you agree to pay all applicable fees associated with your use of our services. These may include, but are not limited to:

• Subscription fees for ongoing access to premium features;
• Consultation fees for telehealth or coaching sessions;
• Charges for marketplace purchases such as health products, supplements, or event tickets.

All fees are displayed in the local currency applicable at the point of payment and are inclusive of value-added tax (VAT) or other applicable taxes, unless expressly stated otherwise.

Payment Processing

All payments made through VivaFemini are securely processed by independent third-party payment providers. By completing a payment, you agree to be bound by the terms and conditions of the relevant payment provider. We do not collect or store your full payment card details and is not responsible for failed, declined, or delayed payments caused by your financial institution, payment provider, or network connectivity issues.

Pricing and Adjustments

We make every effort to ensure that prices and descriptions of services or products are accurate. However, errors may occasionally occur. In the event of a pricing or description error: If the correct price is higher than the amount you paid, you will be notified and given the option to either cancel the transaction (with a refund) or proceed by paying the difference. If the correct price is lower than the amount you paid, we will issue you a refund for the difference.

Unauthorized or Fraudulent Transactions

If you provide false, misleading, or fraudulent information during registration or payment, or if you use the Platform in violation of these Terms, VivaFemini reserves the right to suspend or terminate your account, refuse access to services, and pursue legal remedies. In such cases, no refunds will be issued.

Disputes on Payments

If you dispute a payment directly with your financial institution or card provider (a “chargeback”) without first contacting VivaFemini’s support team to resolve the issue, VivaFemini reserves the right to:

• Suspend or permanently terminate your account and access to the Platform;
• Recover any fees, costs, or expenses incurred by VivaFemini as a result of the dispute (including chargeback fees imposed by payment processors); and
• Refuse future access to paid services until outstanding amounts are settled.

Users are encouraged to contact VivaFemini first with any payment-related concerns so that we may resolve the matter promptly and fairly.

Currency and Cross-Border Payments

VivaFemini may offer its services in multiple countries across Africa and beyond. Payments may therefore be processed in different currencies depending on your location, the payment method you use, or the applicable payment provider. Where a currency conversion is required, your bank, card provider, or payment processor may apply exchange rates and/or fees that are outside of our control. VivaFemini is not responsible for fluctuations in exchange rates, cross-border transaction fees, or additional charges applied by your financial institution. Unless otherwise stated, the prices displayed on the Platform are indicative only, and the final amount charged to you may vary slightly depending on the exchange rates and processing fees applied at the time of the transaction. By completing a payment, you acknowledge and agree to bear any such conversion costs or charges.

Promotions, Discounts, and Free Trials

From time to time, VivaFemini may offer promotional pricing, discounts, free trials, referral rewards, or other incentives (collectively, “Promotions”). These are offered entirely at VivaFemini’s discretion and may be subject to specific additional terms and conditions communicated at the time of the Promotion. Promotions cannot be combined with other offers unless explicitly stated. Free trials are available to first-time users only, unless otherwise specified, and will automatically convert into a paid subscription at the standard rate at the end of the trial period unless cancelled before renewal. Discounts or free access obtained through Promotions are non-transferable, non-exchangeable, and non-refundable. VivaFemini reserves the right to modify, suspend, or terminate any Promotion at any time. If VivaFemini determines, in its sole discretion, that a Promotion has been abused, misused, or obtained fraudulently, we may revoke the benefit, suspend or terminate your account, and deny future access to Promotions.

General Policy

All fees charged by VivaFemini are non-refundable and non-cancellable, except where required by applicable law. By purchasing a subscription, consultation, coaching session, or product through the Platform, you acknowledge and agree that all payments are final unless explicitly stated otherwise in this Policy

Subscription Services

Subscriptions may be cancelled at any time through your account settings or via the app store (Google Play or Apple App Store). Cancellation will prevent further billing but will not result in a refund of any fees already paid. You will continue to have access to the services until the end of your current billing cycle. Partial, pro-rated, or unused subscription refunds will not be provided. Uninstalling the VivaFemini app or unsubscribing from communications does not automatically cancel your subscription or your payment obligations.

Telehealth Consultations and Coaching

Consultations and coaching sessions booked through the Platform are billed upon confirmation. Cancellation and refund eligibility will depend on the specific cancellation policy communicated at the time of booking. Unless such a policy expressly allows refunds, consultation and coaching fees are non-refundable.

Marketplace Purchase

All marketplace sales, including health products, supplements, digital goods, and wellness services, are considered final once confirmed, unless one of the following applies:

• The product is defective, damaged, expired, or materially different from its description at the time of purchase;
• The vendor or partner fails to deliver the purchased service; or
• A refund is required by consumer protection or applicable law.

For eligible product returns, items must be unused, unopened, and returned within the timeframe stated in the marketplace return policy. Refunds will be processed only after successful verification of the returned item. Please note that shipping costs, handling fees, and certain personal care or perishable items may not be refundable.

Processing of Refunds

If you qualify for a refund under this Policy, VivaFemini or its payment partners will process it within a reasonable period of time to your original payment method. Processing times may vary depending on your financial institution.

User Responsibilities and Liability

As a registered user of the VivaFemini Platform (the “User”), you acknowledge and agree to the following responsibilities, which are essential for maintaining the safety, trust, and reliability of the VivaFemini ecosystem:

Proper Use of the Platform.

• You agree to use the Platform in a lawful, respectful, and responsible manner that does not violate public interest, public order, cultural sensitivities, or the rights of others.
• You must not disrupt or interfere with the use of the Platform by other users, or engage in any activity that may harm, disable, overburden, or impair our systems.
• You shall not harass, threaten, or abuse VivaFemini employees, healthcare practitioners, community members, or any third parties associated with the Platform.

Compliance with Terms and Policies

You agree to comply with these Terms, VivaFemini’s Privacy Notice, Community Guidelines, and any other agreements that may apply to your use of specific services within the Platform (such as telehealth, marketplace, or community forums).

Use of Medical and Wellness Information.

• Any data generated or stored through consultations, community interactions, AI-powered tools, or other Platform features (“User Records”) are encrypted and safeguarded in compliance with applicable data protection laws.
• You acknowledge that such records may only be decrypted or disclosed if required by law, court order, or regulatory authorities, or in accordance with VivaFemini’s Privacy Notice.
• You consent to VivaFemini sharing your User Records with authorized partners (such as healthcare providers, insurers, or wellness coaches) strictly for the purpose of delivering services requested by you.

Account Security and Integrity

• You are responsible for maintaining the confidentiality and security of your account credentials. Any activity conducted through your account will be deemed authorized by you, whether or not you performed the action.
• You may not open, control, or operate multiple accounts for deceptive purposes, nor may you use another user’s account.
• You must not refuse to cooperate with any identity verification, security, or compliance checks requested by VivaFemini.

Restrictions on Use

• You must not attempt to contact or engage with healthcare practitioners, coaches, or community members for services outside of the Platform, except where expressly permitted by VivaFemini. VivaFemini is not responsible for any interactions conducted outside its Platform.
• You shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform or its services without prior written consent from VivaFemini.
• You agree not to engage in fraudulent, harmful, or illegal activity on or through the Platform, including but not limited to:
  • Using automated scripts, bots, spiders, or scrapers to access, collect, or manipulate data;
  • Probing, testing, or attempting to circumvent security measures;
  • Reverse engineering, decompiling, or tampering with the Platform’s software or infrastructure;
  • Transmitting viruses, malware, or harmful code;
  • Misrepresenting your identity or impersonating others;
  • Engaging in discriminatory, abusive, or inappropriate conduct within community forums or messaging features.

Liability for Misuse

• You accept full responsibility for any misuse of the Platform under your account and agree to indemnify and hold harmless VivaFemini, its affiliates, and partners against any claims, damages, or losses arising from such misuse.
• Once you download, export, or otherwise access your medical report, consultation record, or wellness data, you bear full responsibility for its storage, use, and disclosure.
• VivaFemini reserves the right to suspend, restrict, or permanently terminate your account if you breach these responsibilities, engage in prohibited conduct, or compromise the integrity of the Platform.

Community Engagement and Conduct

VivaFemini provides interactive forums, peer support groups, expert Q&A sessions, and other community engagement features designed to foster connection, empowerment, and shared learning. To preserve the safety, dignity, and inclusivity of this space, you agree to the following:

Respectful Participation

• You agree to communicate in a supportive, non-judgmental manner and to avoid spreading misinformation, harmful stereotypes, or culturally insensitive material.
• You must treat all users, practitioners, moderators, and VivaFemini staff with respect, regardless of their background, beliefs, or health conditions. Discriminatory, abusive, harassing, threatening, or offensive conduct will not be tolerated.

User-Generated Content

Any content you post, upload, or share within the community (“User Content”) must be accurate, lawful, and appropriate. You are solely responsible for your User Content. You must not post, share, or distribute:

• Personal health information of another user without their explicit consent;
• False, misleading, or unverified medical claims;
• Spam, advertisements, or solicitations for products and services not approved by VivaFemini;
• Sexually explicit, violent, defamatory, or otherwise offensive content.

Moderation and Enforcement

• We reserve the right (but not the obligation) to monitor community activity and moderate User Content to ensure compliance with these Terms and our Community Guidelines.
• We may, at our discretion, edit, remove, or disable access to any User Content that violates these Terms or is deemed harmful, without prior notice.
• Repeat or serious violations may result in temporary suspension, permanent account termination, or referral to appropriate authorities where necessary.

No Substitute for Professional Advice

Discussions within the community are intended for peer support, sharing experiences, and learning. They are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the guidance of qualified health professionals for specific health concerns. We do not endorse, guarantee, or verify the accuracy of User Content and shall not be held liable for any reliance placed upon it.

Responsibility and Liability

You retain ownership of your User Content but grant VivaFemini a non-exclusive, worldwide, royalty-free licence to use, display, and distribute such content within the Platform for the purpose of providing community services. By participating in the community, you acknowledge that your contributions are voluntary and you assume full responsibility for any risks associated with sharing personal or health-related information. VivaFemini disclaims liability for any harm, injury, or loss arising from community interactions or reliance on User Content, except where required by applicable law.

User Warranties

By using the VivaFemini Platform, you expressly warrant and represent that:

• All information you provide during registration and while using the Platform is true, accurate, complete, and kept up to date at all times.
• You will only use the Platform for your personal health and wellness needs, or for a dependent minor or individual under your lawful care where such use is expressly permitted by us.
• You will comply with all applicable laws, regulations, and professional standards while using the Platform.
• You will maintain the confidentiality and security of your account, including safeguarding your login credentials and device access.
• You will promptly notify us of any changes to your registration details or contact information.
• You will engage with healthcare practitioners, community members, moderators, and our staff in a respectful and appropriate manner at all times.
• You will not attempt to misuse services, falsify information, or engage in fraudulent, abusive, or inappropriate conduct on the Platform.

Potential Actions by VivaFemini

If VivaFemini believes, discovers, or receives information that you have breached these Terms or engaged in conduct that threatens the integrity, safety, or trust of the Platform, VivaFemini reserves the exclusive right to take any action it deems necessary, including but not limited to:

• Account Suspension or Termination – temporarily or permanently restricting your access to some or all of the Platform’s features.
• Limitation of Services – restricting certain services, including telehealth consultations, wellness coaching, or access to community groups, where misuse has occurred.
• Consultation Termination – allowing practitioners or wellness coaches to immediately end a consultation where you engage in abusive language, inappropriate behavior, harassment, or otherwise violate professional standards.
• Marketplace Restrictions – blocking, suspending, or cancelling marketplace transactions if you attempt to commit fraud, falsify information, or abuse product or refund policies.
• Correction of Records – requiring updates to inaccurate or falsified information, including medical records, prescriptions, or consultation details.
• vi. Notification to Partners, Practitioners, or Authorities – informing relevant healthcare providers, insurers, regulators, law enforcement, or other authorities of the breach where required or appropriate.
• Legal Action – pursuing civil or criminal proceedings against you for fraudulent, unlawful, or harmful conduct.

Specific Breaches

Without limiting the generality of the above, the following conduct may trigger disciplinary or enforcement action:

• Making inappropriate demands for prescriptions, treatments, or laboratory tests;
• Misusing telehealth services for repeated consultations (“doctor shopping”) or demanding care outside medically necessary limits;
• Expecting or demanding services not intended for the Platform (such as emergency care, unlimited treatment, or inappropriate physical examinations);
• Breaching community guidelines by posting offensive, explicit, or harmful content;
• Misusing AI-powered features for fraudulent purposes or relying on them as a substitute for professional advice;
• Engaging in fraudulent activities in the marketplace, including falsification of orders, payment disputes made in bad faith, or attempts to obtain restricted products.

We reserves sole discretion in determining whether a breach has occurred and what corrective action is appropriate. Decisions made by us under this clause are final and binding, without prejudice to any additional legal rights or remedies available to VivaFemini under applicable law.

Termination by VivaFemini

VivaFemini reserves the right, at its sole discretion, to suspend, restrict, or permanently terminate your account and access to all or part of the Platform at any time, with or without notice, where:

• You have violated these Terms, the Privacy Policy, or any other applicable agreement or policy;
• You have engaged in conduct that is fraudulent, abusive, unlawful, harmful, or otherwise detrimental to VivaFemini, its users, healthcare practitioners, partners, or the integrity of the Platform;
• You have misused the Platform’s services, including but not limited to telehealth consultations, AI-powered health tools, community forums, or the marketplace;
• We are required to do so by law, regulation, or a valid request from a governmental or regulatory authority;
• The provision of the Platform or certain services becomes unlawful or impractical in your jurisdiction;
• Technical, operational, or security reasons make it necessary to suspend or terminate access.

We will use reasonable efforts to notify you of the reason for termination or suspension, unless doing so would;

• Violate the law,
• Interfere with an ongoing investigation, or 
• Cause harm to VivaFemini, its users, or third parties.

Termination by the User

You may terminate your account at any time by following the account closure process available within the Platform or by contacting our customer support. Termination by you will not relieve you of any outstanding payment obligations, and no refunds will be issued for subscriptions or services already purchased, except where required by applicable law.

Effect of Termination

• Upon termination of your account, your right to access and use the Platform and its services will immediately cease.
• Any pending or scheduled consultations, coaching sessions, or marketplace orders may be cancelled at VivaFemini’s discretion.
• Your personal data will be handled in accordance with our Privacy Policy, including the retention or deletion of health information, consultation records, and transaction details, subject to legal or regulatory requirements.
• We will not be liable to you or any third party for the termination of your account or suspension of services, except as required by applicable law.

Survival of Provisions

Any provisions of these Terms which by their nature should survive termination (including but not limited to intellectual property rights, limitation of liability, indemnification, dispute resolution, and governing law) shall continue to apply after your account is terminated.

Commitment to Privacy

We are committed to safeguarding your privacy and ensuring that your personal, health, and sensitive information is collected, processed, stored, and shared in a lawful, transparent, and secure manner. We recognize that privacy is fundamental to the trust you place in us and have built the Platform on principles of confidentiality, control, and user empowerment.

Applicable Regulations

In operating the Platform, VivaFemini complies with the Nigeria Data Protection Act 2023 (NDPA), and aligns its practices with international best standards, including:

• The General Data Protection Regulation (GDPR) of the European Union,
• HIPAA-style principles governing the protection of health information, and
• Any other applicable laws and regulations in the jurisdictions where our services are accessed.

Where stricter protections are required by local law, we will apply the higher standard to ensure the confidentiality and integrity of your data.

Information We Collect

Through your use of the Platform, we may collect and process the following categories of information:

• Personal Information – such as your name, date of birth, address, phone number, email, and account credentials.
• Health and Wellness Information – including menstrual cycle data, pregnancy details, symptoms, lifestyle patterns, telehealth consultation records, wellness coaching progress, and AI-powered insights.
• Technical Information – such as device identifiers, browser type, IP address, and usage logs, to ensure functionality and security.
• Marketplace and Transaction Data – including billing details, payment records, and purchase history for services or products obtained through the Platform.
• Community Engagement Data – including posts, messages, or interactions within VivaFemini forums and groups, subject to moderation rules.

How We Use Your Information

Your information is processed solely for legitimate purposes, including to:

• Provide you with secure access to the Platform’s services and features;
• Facilitate telehealth consultations, wellness coaching, and community engagement;
• Personalize your experience through AI-powered recommendations and health insights;
• Process payments, subscriptions, and marketplace transactions;
• Maintain, improve, and develop the Platform’s features, security, and usability;
• Comply with legal, regulatory, and professional obligations;
• Conduct anonymized research and analytics to improve women’s health outcomes, provided no personally identifiable data is disclosed.

Confidentiality of Health Information

We treat your health records and wellness information as strictly confidential. All telehealth consultations, coaching records, and community interactions are encrypted and stored securely. Access is limited only to you, authorized practitioners, and VivaFemini personnel with a legitimate need, in accordance with professional duties of confidentiality.

Data Sharing and Disclosure

VivaFemini does not sell your personal data to third parties. We may share your information only:

• With licensed practitioners, coaches, and partners strictly for the purpose of providing you with services you have requested;
• With service providers (such as payment processors or cloud storage providers) who are contractually bound to protect your data;
• Where required by law, regulation, or valid court order;
• In cases of safeguarding or public health, where disclosure is necessary to protect you or others from imminent harm.

User Rights

As a registered user, you have the following rights, subject to applicable law:

• The right to access, update, and correct your personal information;
• The right to request the deletion of your data, subject to legal or regulatory retention requirements;
• The right to restrict or object to certain types of processing, including for marketing purposes;
• The right to portability of your health records in a structured, machine-readable format;
• The right to withdraw consent for processing at any time, without affecting the lawfulness of prior processing.

Data Security

We employ end-to-end encryption, multi-layered security protocols, discreet notification features, and user-controlled privacy settings to protect your information against unauthorized access, loss, misuse, or alteration. Despite these safeguards, no system can be guaranteed as completely secure, and you acknowledge the inherent risks of transmitting data online.

Cross-Border Data Transfers

As we expand, your information may be transferred to and processed in other countries. Where such transfers occur, we ensure that adequate safeguards (such as contractual clauses or equivalent legal protections) are in place to protect your data in line with NDPA, GDPR, and international standards.

Retention of Data

We retain your personal and health information only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable law and professional guidelines. Once retention periods expire, your information will be securely deleted or anonymized.

Updates to Privacy Practices

We may update our privacy, data protection, and confidentiality practices from time to time to reflect changes in law, technology, or service offerings. Where material changes are made, we will notify you in advance in accordance with Section [Amendments]. For full details on how we handle your information, please refer to our Privacy Notice, which forms part of these Terms.

Protected Communications

All communications that you engage in on the VivaFemini Platform, including but not limited to telehealth consultations, chats, audio or video calls, wellness coaching sessions, AI-assisted interactions, and participation in community forums, are treated as confidential and protected under our privacy and data protection commitments.

Encryption and Security

To ensure the confidentiality of your interactions:

• All communications are end-to-end encrypted where technically feasible.
• Consultation notes, health records, and related communications are securely stored and accessible only to you and the licensed professionals or coaches involved, except as otherwise authorized under these Terms or required by law.
• Community posts and peer-to-peer interactions are anonymized and moderated to protect your identity and maintain a safe environment.

User Responsibility

While VivaFemini provides secure channels for communication, you acknowledge and agree that:

• You are responsible for safeguarding the devices and networks through which you access the Platform.
• You should avoid sharing sensitive health information in public or group forums unless you are comfortable with other users viewing it.
• Any communication you voluntarily disclose in community spaces is done at your own discretion.

Professional Confidentiality

Healthcare practitioners, coaches, and other professionals engaging with you through VivaFemini are bound by professional duties of confidentiality and must treat all information you provide as private, except where disclosure is required by law or is necessary to protect your vital interests or those of others.

Discreet Mode and Anonymity

Recognizing the cultural sensitivities around women’s health, VivaFemini provides features such as discreet mode, anonymous browsing, and stealth notifications to help you control your privacy. You may also use pseudonyms or anonymized profiles in community forums to further protect your identity.

Limited Disclosure

VivaFemini will never monitor, access, or disclose your private communications without your explicit consent, unless:

• Required by applicable law, court order, or regulatory request;
• Necessary to prevent or mitigate an imminent risk of serious harm to you or another person;
• Needed to enforce these Terms, investigate misuse of the Platform, or protect the integrity of our services.

Disclaimer on Internet Risks

While VivaFemini uses industry-leading measures to secure your communications, you acknowledge that no electronic system or internet-based transmission can be guaranteed to be 100% secure. By using the Platform, you accept this inherent risk and agree that we will not be held liable for breaches caused by factors beyond our reasonable control.

User Ownership of Data

You retain full ownership of all personal, health, wellness, and community data that you submit, record, or otherwise provide on the VivaFemini Platform (“User Data”). This includes, without limitation, your health records, cycle tracking information, consultation notes, wellness goals, community interactions, and any other content or information you generate while using the Platform.

License to VivaFemini

By using the Platform, you grant VivaFemini a limited, non-exclusive, worldwide, royalty-free, revocable license to collect, store, process, analyze, and use your User Data solely for the purposes of:

• Delivering the services and features of the Platform, including telehealth, AI-powered tracking, wellness coaching, and community engagement;
• Personalizing your experience and generating tailored health insights;
• Improving and maintaining the functionality, security, and performance of the Platform;
• Conducting anonymized and aggregated research to advance women’s health outcomes; and
• Fulfilling our legal, regulatory, and contractual obligations.

This license does not transfer ownership of your User Data to VivaFemini.

Control and Access

You have the right to:

• Access and review the User Data associated with your account;
• Update, correct, or request deletion of your User Data, subject to legal and regulatory retention requirements;
• Export your health records in a portable and machine-readable format;
• Withdraw your consent for the processing of your User Data at any time, provided that doing so may limit your access to certain services on the Platform.

Anonymized Data

VivaFemini may create and use anonymized, de-identified, or aggregated data derived from your User Data for purposes such as research, product development, and public health insights. Such data will not identify you personally and will no longer be treated as personal data under these Terms.

Third-Party Services

Where you choose to access third-party services, products, or marketplaces through the Platform, you acknowledge that your User Data may be shared with those third parties in accordance with your selections and subject to their privacy practices. We are  not responsible for how third parties process or secure your data once disclosed.

Termination of Account

Upon closure or termination of your account, we will delete or anonymize your User Data, except where retention is required by law, for regulatory purposes, or to resolve ongoing disputes.

Force Majeure

VivaFemini shall not be held liable for any failure or delay in performance of its obligations under these Terms where such failure or delay is caused by events, circumstances, or conditions beyond its reasonable control (“Force Majeure Events”).

Examples of Force Majeure Events

Such events may include, but are not limited to:

• Natural disasters (e.g., floods, earthquakes, hurricanes, fires);
• Public health emergencies (e.g., epidemics, pandemics, or government-imposed lockdowns);
• Acts of terrorism, armed conflict, civil unrest, or sabotage;
• Government actions, sanctions, or regulatory restrictions;
• Labour strikes, industrial disputes, or workforce shortages;
• Failures of telecommunications, internet services, cloud infrastructure, or power supply;
• Supply chain interruptions or third-party service disruptions essential to the operation of the Platform.

Effect of Force Majeure

In the event of a Force Majeure, VivaFemini will:

• Take all reasonable measures to mitigate the effects of the disruption;
• Resume services as soon as reasonably practicable; and
• Be excused from liability for non-performance or delay during the period such events persist.

If a Force Majeure Event continues for more than 60 (sixty) consecutive days, either party may terminate the affected services upon written notice, without liability, except for obligations already incurred.

Service Availability

We will use reasonable efforts to ensure that the Platform and its services are available to you on a continuous, uninterrupted basis. However, we do not guarantee that the Platform will always be available, secure, or error-free. Access may be affected by factors beyond our control, including but not limited to internet connectivity, third-party service providers, or Force Majeure Events (as described in Section 16).

Planned Maintenance

From time to time, we may need to carry out scheduled or unscheduled maintenance, updates, security patches, or upgrades to improve the performance, safety, and functionality of the Platform. Such maintenance may temporarily affect access to certain services, features, or the Platform as a whole. Where possible, we will provide prior notice of planned maintenance through the Platform, email, or other communication channels. We will make reasonable efforts to perform such maintenance during off-peak hours and minimize any disruption to your use of the Platform.

Suspension of Services

We reserve the right to suspend or limit access to the Platform (in whole or in part) without prior notice where:

• Urgent maintenance or repairs are required;
• We detect or suspect security breaches, fraudulent activity, or unlawful use;
• It is necessary to protect the safety, privacy, or integrity of the Platform and its users; or
• Required by law, regulation, or order of a competent authority.

No Liability for Downtime

You acknowledge and agree that VivaFemini shall not be liable for:

• Temporary unavailability of the Platform or services due to maintenance, upgrades, or other technical reasons;
• Disruptions caused by external providers, internet service failures, or your own device limitations; or
• Any loss of data, business, or revenue caused by downtime, provided that we take reasonable measures to restore services as quickly as practicable.

Use of Third-Party Services

The VivaFemini Platform may provide access to, or integrate with, third-party services, products, applications, websites, tools, or content (“Third-Party Services”). Examples include payment processors, telehealth partners, pharmacies, laboratories, wearable device integrations, content providers, or wellness marketplace vendors. By choosing to use such Third-Party Services through our Platform, you acknowledge and agree that:

• Such services are operated and controlled by independent third parties;
• We do not endorse, guarantee, or assume responsibility for the accuracy, reliability, safety, or quality of any Third-Party Service;
• Your use of such services is at your own risk and may be subject to separate terms and privacy policies established by those third parties.

Payment Partners

All financial transactions on the Platform (including subscription fees, product purchases, or service payments) are processed through independent payment service providers. We do not collect or store your full card or banking details. You agree to review and accept the payment provider’s terms and conditions before completing any transaction. We are not liable for declined payments, errors, or security breaches originating from the payment partner’s systems.

Healthcare Partners and Practitioners

Where consultations, prescriptions, or referrals are delivered by independent healthcare professionals or institutions integrated into the Platform, you acknowledge that VivaFemini acts solely as a facilitator. Responsibility for the professional quality, accuracy, and appropriateness of healthcare advice or treatment rests with the independent practitioner or partner, not with us.

Wearables, Devices, and API

If you choose to connect VivaFemini with third-party devices (such as fitness trackers, wearables, or health monitoring tools), you consent to the sharing of relevant data between the Platform and the device’s provider. We are not responsible for inaccuracies, device malfunctions, or failures in data transmission caused by such integrations.

Marketplace and Vendor Offerings

To the fullest extent permitted by law, we shall not be held liable for any damages, losses, or disputes arising from your use of Third-Party Services. Your relationship with such third parties is independent of VivaFemini, and you are encouraged to carefully review their respective terms of service and privacy notices.

Limitation of Liability

Future access to VivaFemini’s health and wellness marketplace may include products, supplements, or services offered by independent vendors. VivaFemini does not manufacture, warrant, or guarantee these products. Any issues arising from their use must be resolved directly with the vendor, although we  may, at our discretion, assist in facilitating communication.

Intellectual Property Rights

You acknowledge and agree that VivaFemini Limited owns all rights, title, and interest in and to the Platform and Services, including but not limited to the software, mobile and web applications, technology, databases, design, text, graphics, audio-visual content, community forums, wellness tools, AI-powered insights, documentation, and all improvements, updates, and derivatives thereof (collectively, the “VivaFemini Materials”). Your use of the Platform does not transfer or grant you any ownership, license, or other rights in the VivaFemini Materials except for the limited, revocable license expressly set forth in these Terms. You agree not to copy, modify, adapt, reverse engineer, decompile, disassemble, publish, distribute, transmit, sell, create derivative works from, or otherwise exploit any VivaFemini Materials without our prior written consent. We may update, improve, or discontinue certain features, content, or services from time to time. Where possible, we will provide prior notice of significant changes, but we are under no obligation to maintain any specific feature indefinitely. Any documents, prescriptions, reports, or resources provided by healthcare professionals, partners, or vendors on the Platform are subject to their own licensing terms, and we do not assume ownership or liability for such materials

Trademarks and Branding

“VivaFemini,” the VivaFemini logos, slogans, service names, product names, and all associated branding (collectively, the “VivaFemini Marks”) are trademarks or registered trademarks of VivaFemini Limited or its licensors. You may not use, reproduce, copy, imitate, or modify the VivaFemini Marks, whether alone or in combination, without our prior written authorization. All custom page headers, icons, graphics, and design elements displayed on the Platform are also protected trade marks of VivaFemini and may not be copied, imitated, or used in whole or in part without permission. Unauthorized use of the VivaFemini Marks or branding may constitute trademark infringement, passing off, or unfair competition under applicable laws. All rights, title, and interest in the VivaFemini Platform, Services, VivaFemini Materials, and VivaFemini Marks remain exclusively with VivaFemini and its licensors. Nothing in these Terms grants you any rights to use the VivaFemini Marks or Materials except as expressly permitted herein.

Assignment

You may not assign, transfer, delegate, sublicense, or otherwise dispose of any rights or obligations you have under these Terms without VivaFemini’s prior written consent. Any attempted transfer without such consent will be null and void. VivaFemini reserves the right, at its sole discretion, to assign or transfer these Terms, in whole or in part, including any of our rights and obligations under them, to any affiliate, successor entity, or third party in connection with a merger, acquisition, corporate restructuring, or sale of assets. By continuing to use the Platform after such assignment, you consent to the transfer and agree to be bound by the new entity.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall VivaFemini Parties be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages (including loss of profits, data, goodwill, or anticipated savings), whether arising in contract, tort, negligence, strict liability, statute, or otherwise, and whether or not such damages were foreseeable.

In any case, and notwithstanding any theory of liability, the total aggregate liability of VivaFemini Parties for any claims, damages, or losses arising out of or relating to your use of the Platform or Services shall not exceed:

• The amount paid by you in subscription or service fees to us in the three (3) months immediately preceding the event giving rise to the claim; or (b) NGN 100,000 (one hundred thousand naira); whichever is lesser.
• Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such cases, our liability will be limited to the maximum extent permitted under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless VivaFemini Limited, its affiliates, subsidiaries, directors, officers, employees, contractors, service providers, agents, and partners (collectively, the “VivaFemini Parties”) from and against any and all claims, demands, actions, damages, liabilities, losses, costs, or expenses (including reasonable legal and professional fees) arising out of or related to:

• Your Use of the Platform or Services – including medical, wellness, community, or marketplace features.
• Breach of These Terms – or of any other policy, notice, or agreement referenced herein.
• Feedback, Content, or Submissions – including posts, messages, or materials you provide or share on the Platform.
• False, Incomplete, or Misleading Information – including any information provided for identity verification, health records, payment processing, or other purposes.
• Intellectual Property or Proprietary Rights Disputes – arising from content or materials you submit, upload, or use through the Platform.
• Violation of Applicable Laws, Rules, or Regulations – including data protection laws, healthcare compliance requirements, or consumer protection obligations.
• Violation of the Rights of Others – including but not limited to Practitioners, Partners, or other Users of the Platform.

This indemnity applies to you, your heirs, executors, administrators, successors, and assigns, and will survive the termination of your User Account or these Terms. For clarity, this indemnification does not extend to claims arising directly and solely from VivaFemini’s gross negligence, fraud, or willful misconduct.

Governing Law and Jurisdiction

These Terms, and any dispute, controversy, or claim arising out of or relating to them, shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without prejudice to any mandatory consumer protection or data protection laws that may apply in your country of residence if you access the Platform outside Nigeria.

You agree to submit to the non-exclusive jurisdiction of the courts located in Nigeria for the resolution of any disputes. However, VivaFemini reserves the right, at its sole discretion, to initiate proceedings and seek remedies in any jurisdiction where Users, Partners, or Practitioners are located, or where a violation of rights has occurred. Nothing in this section shall limit our ability to seek injunctive relief or urgent remedies in any competent jurisdiction to protect its rights, intellectual property, confidential information, or user safety.

Dispute Resolution and Governing Procedure

We are committed to resolving disputes in a fair, transparent, and cost-effective manner. If any disagreement, claim, or controversy arises out of or in connection with these Terms, the VivaFemini Platform, or any Services provided (a “Dispute”), both you and VivaFemini agree to use best efforts to settle the matter amicably through direct negotiation within two (2) weeks of written notice of the Dispute.

If the Dispute cannot be resolved through negotiation, it shall be referred to Mediation in accordance with the provisions of the Arbitration and Mediation Act Laws of Nigeria 2023 (as amended). The Mediator shall be jointly appointed by both parties.

Where the parties are unable to agree on a Mediator within seven (7) days, the appointment shall be referred to the Chairman of the Institute of Chartered Mediators and Conciliators (ICMC), Lagos Chapter. The venue for Mediation shall be Lagos, Nigeria, unless both parties mutually agree to a virtual mediation session.

Both parties undertake to exhaust the mediation process before approaching the courts. If mediation fails to resolve the Dispute, the parties may then submit to the exclusive jurisdiction of the courts of Lagos, Nigeria, without prejudice to VivaFemini’s right to seek urgent relief or protective measures in any competent jurisdiction.

Waiver of Class Actions and Collective Remedies

To the fullest extent permitted by applicable law, you and VivaFemini agree that all claims, disputes, or proceedings must be brought solely in an individual capacity, and not as a plaintiff, claimant, class member, or representative in any purported class action, class arbitration, or other representative or consolidated proceeding.

Unless expressly agreed otherwise in writing:

• The Mediator, Arbitrator, or Court may not consolidate or join claims of multiple individuals or parties.
• No collective remedies, class-wide relief, or representative claims may be pursued against us.

By accepting these Terms, you irrevocably waive any right to participate in class actions, mass actions, collective actions, or representative proceedings of any kind, whether in court, arbitration, or mediation.

Court Orders, Legal Processes, and Regulatory Compliance

VivaFemini is committed to complying with all applicable laws, regulations, and valid legal processes. If we receive a court order, regulatory directive, governmental request, or other binding legal process (including but not limited to garnishment orders, asset freezes, or enforcement notices) relating to you or your use of the Platform, we may, in our sole discretion, take any action we consider reasonably necessary to comply with such requirements.

Such actions may include, but are not limited to:

• Temporarily or permanently restricting access to your User Account;
• Holding, delaying, or releasing payments or credits associated with your User Account;
• Imposing reserves or other limitations on your User Account;
• Disclosing necessary information to regulators, enforcement agencies, or courts in accordance with applicable law.

We will make reasonable efforts to notify you of such actions unless prohibited by law, confidentiality obligations, or regulatory restrictions. You acknowledge that VivaFemini is not obligated to contest, appeal, or challenge any legal process directed at us or you. Any hold, reserve, or limitation imposed as a result of a court order, legal process, or regulatory requirement may remain in effect for as long as required under applicable law and, in some cases, may exceed one hundred and eighty (180) days or longer if legally mandated.

Severability

If any provision of these Terms (or any portion thereof) is determined by a competent court, tribunal, or regulatory authority to be invalid, unlawful, or unenforceable, such provision shall be severed to the minimum extent necessary and replaced, where possible, with a valid and enforceable provision that most closely reflects the original intent of VivaFemini and the User.

The remainder of these Terms shall remain valid, binding, and enforceable to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of the remaining provisions.

Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms, your use of the VivaFemini Platform, or any of our Services, you may contact us through the following official channel:

• Email: hi@vivafemini.org
• Website Support Portal: www.vivafemini.org. 

We will make reasonable efforts to respond to all queries within a reasonable time, subject to the complexity of your request and applicable law.

Entire Agreement

These Terms, together with our Privacy Notice, Acceptable Use Policy, and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and VivaFemini with respect to your use of the Platform and Services. They supersede and replace any prior agreements, understandings, or arrangements (whether oral or written) relating to the subject matter herein.

Contact Information

VivaFemini reserves the right, in its sole discretion, to amend, update, or modify these Terms at any time. Where such modifications materially affect your rights or obligations, we will provide reasonable notice (by email, in-app notification, or publication on the Platform) before they take effect. Your continued use of the Platform following such updates constitutes your acceptance of the modified Terms.

Waiver

No failure, omission, or delay by VivaFemini in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise of it or any other right. Any waiver must be in writing and signed by an authorized representative of VivaFemini to be valid.

Headings and Interpretation

Headings and sub-headings used in these Terms are for convenience only and shall not affect the meaning or interpretation of any provision. References to “including” shall be construed to mean “including, without limitation.”

Language

These Terms may be translated into other languages for user convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.