Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Hyperbird Technologies Limited ("Selspart", "we", "us"), governing your access to and use of the Selspart platform, website, vendor dashboards, storefronts, and related services (collectively, the "Services").

By creating an account, using the Services, or connecting any platform to Selspart, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

• You must be at least 18 years old and legally able to enter into contracts to create a vendor account.
• You are responsible for the accuracy of your account information, for safeguarding your credentials, and for all activity under your account.
• One entity or person may not operate multiple accounts to evade fees, limits, or enforcement actions without our written consent.
• Notify us immediately at support@selspart.com if you suspect unauthorised access to your account.

Selspart provides vendors with tools to run their businesses, including:

• Online storefronts and product catalogues.
• AI-assisted selling on messaging channels — answering enquiries, negotiation, order taking, order tracking, and follow-ups.
• Voice commerce, including transcription and voice replies.
• Marketing tools such as automated product flyers, video ads, and scheduled status updates.
• Payments, settlements, and payouts through licensed processors.
• Publishing and scheduling of vendor-approved content to connected platforms.

Features may vary by subscription plan, and we may add, change, or discontinue features from time to time.

Certain Selspart features let you connect third-party platforms to your account. When you do so:

• You confirm that you own or are authorised to use the connected number or account, and you authorise Selspart to perform the actions you configure on your behalf (such as replying to customers, posting status updates, or publishing content you have approved).
• You remain solely responsible for the content sent or published through your connected accounts, and for complying with the applicable platform's terms, policies, and applicable laws.
• You must honour recipient choice: do not use Selspart to send unsolicited bulk messages, spam, or content to contacts who have opted out. Status posts and similar broadcasts are limited to your own contacts and subject to daily limits we set for platform health.
• We may throttle, pause, or suspend posting to a connected platform — temporarily or permanently — where we reasonably believe the usage violates that platform's terms, applicable law, or creates risk to our infrastructure or other users. This includes rate limits, warm-up periods for newly connected accounts, and automatic pauses after repeated delivery failures.
• Third-party platforms may change their APIs, policies, or enforcement at any time. We are not liable for unavailability, delivery failures, content removal, account restrictions, or other actions taken by a third-party platform.
• Your use of those platforms is additionally governed by their own terms and privacy policies (e.g. WhatsApp's Terms of Service, TikTok's Terms of Service, and the Meta Platform Terms for Facebook and Instagram).

You agree NOT to use the Services to:

• Sell or promote illegal, counterfeit, hazardous, or restricted products, or any product prohibited under Nigerian law.
• Send spam, chain messages, unsolicited bulk messaging, or misleading/scam content.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Infringe intellectual property, privacy, publicity, or other rights of others.
• Upload malware, attempt unauthorised access, scrape at scale, or interfere with the integrity or performance of the Services.
• Use the AI features to generate unlawful, hateful, harassing, or deceptive content.
• Harvest contacts from any platform or send messages to people who have not given you consent.

We may investigate suspected violations and suspend or terminate accounts, remove content, or report to authorities where warranted.

• Vendors are solely responsible for their products, listings, prices, inventory accuracy, shipping, delivery, and customer service.
• Orders placed through a storefront or an AI-assisted channel form a contract directly between the vendor and the customer. Selspart is not a party to that contract and does not take title to goods.
• Vendors must honour published prices, refund and return policies, and applicable consumer-protection law (including the Federal Competition and Consumer Protection Act 2018).
• Vendors must dispatch orders promptly and keep order statuses accurate so customers receive correct tracking updates.

• Payments are processed by our licensed third-party payment processors. We do not store full card details.
• Subscription fees, transaction fees, and any applicable taxes are described on our pricing page and may be updated with reasonable notice.
• Vendor payouts are settled to the bank account on file, typically within the timeframes shown in your dashboard. Settlement timing may vary due to processor, bank, or public-holiday delays, or while we investigate suspected fraud or disputes.
• We may offset negative balances, chargebacks, or refunds owed to us against pending payouts.
• Refunds to customers follow the vendor's policy and the payment processor's rules; we may assist in processing refunds but are not liable for the vendor's failure to honour them.

• AI assistants (text and voice) are automated tools. While we work to make them accurate and helpful, they can make mistakes. Vendors remain responsible for reviewing orders, commitments, and prices accepted on their behalf, and should configure escalation to a human where needed.
• AI-generated content (descriptions, flyers, video ads, voice notes) is produced based on vendor inputs; vendors are responsible for reviewing it before it is published or sent.
• Vendors may disable AI features for their store. Customers can always request to speak with a human.
• We may apply safety filters and rate limits to AI features to prevent abuse.

• The Services, including software, designs, trademarks, and content we create, are owned by Hyperbird Technologies Limited and its licensors. Nothing in these Terms transfers ownership to you.
• You retain ownership of the content you upload (products, images, brand assets). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, and display it solely as needed to provide the Services, including publishing content to connected platforms at your direction.
• You warrant that you have the rights to the content you upload and the authority to publish it to connected platforms.
• If you believe content on the platform infringes your rights, contact us at legal@selspart.com with details, and we will investigate.

• We aim for high availability but do not guarantee uninterrupted or error-free service. We may perform maintenance that temporarily limits availability.
• Third-party outages (platforms, payment processors, networks, power, or internet) can affect the Services.
• Support is available through our Help Center and official support channels; response times vary by plan.

• You may close your account at any time from your dashboard or by contacting support. Closing an account does not relieve you of amounts owed.
• We may suspend or terminate your account, or limit specific features, if you breach these Terms, breach a connected platform's terms, create legal or security risk for us or others, fail to pay fees, or upon request of law enforcement or a platform provider.
• Where feasible, we will give notice and a chance to remedy; however we may act immediately for serious breaches (e.g. fraud, illegal goods, spam at scale).
• Upon termination, we will make your account data available for export for a limited period (where technically feasible) and then delete it in line with our Privacy Policy.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELSPART AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ₦50,000, WHICHEVER IS GREATER.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

You agree to indemnify and hold harmless Selspart (Hyperbird Technologies Limited) from and against claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your content; (b) your products or your conduct of your business; (c) your use of connected platforms through the Services; (d) your breach of these Terms, applicable law, or a third party's rights.

• These Terms are governed by the laws of the Federal Republic of Nigeria.
• The parties will first attempt to resolve any dispute amicably through good-faith negotiation for 30 days.
• If unresolved, disputes will be submitted to arbitration in Lagos, Nigeria, in accordance with the Arbitration and Mediation Act 2023, and the arbitral award will be final. Either party may seek interim relief from the courts.

• Entire agreement: These Terms, the Privacy Policy, and plan-specific terms form the entire agreement between you and Selspart.
• Changes: We may modify these Terms. Material changes will be communicated in advance (via email or in-app notice) and take effect on the stated date. Continued use after the effective date constitutes acceptance.
• Severability: If any provision is unenforceable, it will be modified to the minimum extent necessary, and the rest will remain in force.
• No waiver: Our failure to enforce a provision is not a waiver of it.
• Assignment: You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of assets.

Questions about these Terms? Contact:

Hyperbird Technologies Limited (Selspart)
Email: legal@selspart.com
Phone: +234 805 902 3594