Terms

Effective on Mar 1, 2023

1. GENERAL TERMS

1.1 Acceptance

By clicking “Register”, “Join Now”, “Confirm” (or similar) you are agreeing to enter into a legally binding contract with ALX Ventures, even if you are using our Services (described below) on behalf of a company or third person.

If you do not agree to this contract (the “Contract” or “User Agreement”), do not click “Register”, “Join Now”, “Confirm” (or similar) and do not access or otherwise use any of our Services.

If you wish to terminate this Contract at any time, you can do so by emailing support@alx.app and closing your account and no longer accessing or using our Services.

1.2 Our Services

This Contract applies to ALX Ventures and any other related or branded sites, apps, communications and other services that are offered through ALX Ventures (the “Services”).

Registered users of our Services are “Clients”, and unregistered users are “Visitors”. This Contract applies to Clients and Visitors.

The Services will be provided by ALX Ventures (also referred to as “we” and/or “us”), a business unit of African Leadership International, a private company incorporated in Mauritius (“ALI”).

Regardless of your residence, you are entering into this Contract with ALI. Using our Services as a Visitor or a Client is subject to our policies, including our Privacy Policy and Code of Conduct (the “Policies”).

1.3 Changes

We may modify this Contract or any of our Policies from time to time. If we make material changes to it, we will provide you notice through our Services or by other means to provide you with the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive.

If you object to any changes, you may close your account and cease to use our Services. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. OBLIGATIONS

2.1 Service Eligibility

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one account, which must be in your real name; and (3) you are not already restricted by us from using the Services.

Creating an account with false information is a violation of this Contract, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if the law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including using your personal data) then the Minimum Age is such older age as prescribed by law.

2.2 Your Account

Clients are account holders.

You agree to (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) comply with the law, the terms of this Contract and the Policies.

You are responsible for anything that happens through your account unless you close it or report misuse or breach.

As between you and others, your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Founder seat bought by your sponsor), the party paying for such Service has the right to control access to and get reports on your use of the Service; however, they do not have rights to your personal account.

2.3 Payments

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to Premium Services.

Failure to pay these fees will result in the termination of your Premium Services.

Also, you agree that:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Premium Services and to use to pay other Services you may buy.
If you purchase a Premium Service, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
Payments are non-refundable, including fees and other charges.

You will receive the invoice for any payments made by email.

2.4 Notifications and Messages

You agree that we will provide notifications and messages to you in the following ways:

(1) within the Services, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address).

You agree to keep your contact information up to date.

2.5 Sharing

Our Services allow messaging and sharing of information in many ways, such as your profile and messages.

Information and content that you share or post may be seen by other Clients. Where we have made settings available, we will honor the choices you make about who can see content or information.

We are not obligated to publish any information or content on our Service and can remove it with or without notice.

2.6. Right to Invest

2.6.1. Granting us the right to invest

In case You will be or already are the founder of an entity for the business you currently develop or plan to develop, then our Services will assist you in doing that.

By accepting these terms You grant us a right to purchase shares in your entity, at a 20% discounted price. We will be able to use this right only when You organize an event for gathering funds for Your business and decide to sell or transfer any of the shares as a mechanism of doing that (“funding event”).

All other terms and conditions as You offer to the funding event, except the price, will be applicable to us as well.

2.6.2.Duration of the right to invest

You agree to offer us this option to invest for the next three (3) funding events, starting from the date of this Contract.

2.6.3 How does this right work

You need to notify us with at least 15 days before the funding event is finalized. This includes telling us about the number of shares, the purchase price and the payment conditions, but also on any other important terms of the funding event.

We will let you know if we choose to invest ourselves and become business partners with You in 10 days from your information. If we do not reply to your notice or we choose to stay out of the funding event, you can continue the funding event with the initial parties and for the same terms and conditions as you informed us on.

In case we want to become partners and use our right to invest, we will work together and sign any documents for that in 10 days from our confirmation.

3. RIGHTS AND LIMITS

3.1 Your License to Us

You own the information and data that you submit on the Services, and you are only granting us and our affiliates the non-exclusive worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others (the “License”).

The License is limited in the following ways:

You can end the License for specific content by deleting such content from the Services, or generally by closing your account, except (i) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (ii) for the reasonable time it takes to remove from backup and other systems.
If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.
While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain countries.

3.2 Service Availability

We may change, suspend or discontinue any of our Services. We may also modify our prices upon reasonable notice to the extent allowed under the law.

ALX Ventures is not a storage service. You agree that we have no obligation to store, maintain or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our Clients, Visitors or others. You agree that we are not responsible for others’ (including other Clients’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

As a Client, you may receive opportunities or business proposals or other offers from other Clients. You acknowledge that we do not supervise, direct, control or monitor Clients in this regard and agree that (1) we are not responsible for the offering, performance or procurement of these opportunities, business proposals or other offers, (2) we do not endorse any particular opportunities or business proposals or other offers made by any of the Clients, and (3) nothing shall create an employment, agency, or joint venture relationship between us and any Client offering or accepting those opportunities, business proposals or other offers from other Client. If you are a Client offering or accepting any opportunities or business proposals from other Client, you represent and warrant that you are authorized and/or licensed (as applicable) to offer or accept such opportunities or business proposals and to abide at all times by our Code of Conduct.

Similarly, we may help you register for and/or attend events organized by Clients and connect with other Clients who are attendees at such events. You agree that (1) we are not responsible for the conduct of any of the Clients or other attendees at such events, (2) we do not endorse any particular event listed on our Services, (3) we do not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.

3.4 Limits

We reserve the right to accept or reject your application to ALX Ventures and/or participate in any of our events.

We reserve the right to limit your use of the Services and your ability to contact other Clients.

We reserve the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of our Policies).

4. DISCLAIMER AND LIMITATION OF LIABILITY

4.1 No Warranty

ALI AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALI AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.2 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS ALI HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), ALI, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

ALI AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO LINKEDIN FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) USD $1,000.

4.3 Exclusions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and ALI and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if ALI or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

5. TERMINATION

You or we can terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services.

The following terms will survive termination:

Our rights to use and disclose your feedback;
Clients rights to further re-share content and information you shared through the Services;
Sections 4, 6, 7, and 8.2 of this Contract;
Any amounts owed by either party prior to termination remain owed after termination.

You can email support@alx.app with your full account details in order to close your account.

6. CONFIDENTIALITY AND NON-DISCLOSURE

You and ALI agree to treat all non-public information, data, trade secrets, proprietary technology, and any other information disclosed or obtained through the use of the Services as confidential (“Confidential Information”).

You and ALI will not disclose, reproduce, or use the Confidential Information for any purpose other than the intended use of the Services, and any other legitimate purpose for us and will exercise reasonable care to prevent unauthorized disclosure or use. The obligation of non-disclosure will not apply to the Confidential Information that (a) is or becomes generally available to the public, (b) we had it in our possession or knew about it before we received it from you, (c) was rightfully disclosed to us without restriction by a third party, or (d) was independently developed without use of your Confidential Information. ALI may disclose Confidential Information only to our employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations at least as restrictive as those of this Contract.

ALI will comply with all applicable laws, including privacy laws, and will handle your personal data in accordance with its Privacy Policy.

7. OTHER IMPORTANT TERMS

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent.

If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between you and us regarding the Services and supersedes all prior agreements for the Services.

If we do not act to enforce a breach of this Contract, that does not mean that we have waived our right to enforce this Contract.

You may not assign or transfer this Contract (or use of Services) to anyone without our consent. However, you agree that we may assign this Contract to our affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

9. ALX VENTURES’ DO’s & DON’Ts

9.1 DOs

You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Comply with the terms of this Contract and our Policies;
Provide accurate information to us and keep it updated;
Use your real name on your profile; and
Use the Services in a professional manner.

9.2 DON’Ts

You agree that you will not:

Create a false identity, misrepresent your identity, create a Client profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent;
Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer);
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
Violate the intellectual property or other rights of ALI, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using the brand “ALX Ventures” or our logos in any business name, email, or URL except as provided in our Brand Policy;
Post anything that contains software viruses, worms, or any other harmful code;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the
Services or any related technology that is not open-source;
Imply or state that you are affiliated with or endorsed by ALX Ventures or ALI without our express consent;
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent;
Deep-link to our Services for any purpose other than to promote your profile on our Services, without our consent;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Overlay or otherwise modify the Services or their appearance;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Violate the terms and conditions of any of our Services.

10. OTHER POLICIES

10.1 Data Protection

As a Visitor or Client of our Services, the collection, use and sharing of your personal data are subject to our Privacy Policy and our Cookie Policy.

ALI will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

We acknowledge that You may provide certain personal data about you, your personnel or employees, or customers through the use of our Services (collectively, “Personal Data”). All Personal Data that is either provided by You (including any personnel, employees or customers) through or pursuant to the use of our Services, or collected by ALI and which is proprietary to You will remain yours. The above notwithstanding, Company will have the right to process and analyze the Personal Data and other information relating to the provision, use and performance of various aspects of the Services in accordance with our Privacy Policy.

9.2 Code of Conduct

As a Client of our Services, you agree to abide to comply with our Code of Conduct

10. HOW TO CONTACT US

For general inquiries, you may contact us online or by email at support@alx.app

For legal notices or service of process, you may write to us at the following address:

African Leadership Limited

Attn: Legal Department

Ref: Privacy Policy and User Agreement

6th Floor, Tower A

1 Cybercity

Ebene

Mauritius

You agree that the only way to provide us legal notice is at this address.