Terms of service

TERMS OF SERVICE

Please read these Terms of Service carefully before using Africanii. By creating an account or using any part of the Platform, you agree to be legally bound by these Terms, our Privacy Notice, our Cookie Policy, and our Community Guidelines (together, the 'Agreement'). If you do not agree, do not use the Platform.

1.  About Africanii and Section 230

 

Africanii, Inc. is a Texas corporation with its principal office at 110 East Houston Street, Suite 400, San Antonio, Texas 78205. We operate africanii.com and the Africanii iOS and Android mobile applications (the 'Platform').

Africanii is an interactive computer service within the meaning of 47 U.S.C. §230(f)(2). We provide an interactive platform on which third-party users post content. Africanii is not the publisher or speaker of User Content (as defined in Section 6) and is not liable for User Content under 47 U.S.C. §230(c)(1). Africanii reserves the right — but expressly undertakes no obligation — to review, moderate, edit, remove, or decline to remove any User Content, in its sole discretion. The exercise or non-exercise of moderation rights does not create liability and does not waive this immunity. Good-faith content restriction decisions are protected under 47 U.S.C. §230(c)(2).

2.  Eligibility

 

• Age: you must be at least 12 years old. By agreeing to these Terms, you represent and warrant that you are 12 or older. If we discover you are under 18, we will immediately terminate your account and delete your data.
• Geography: the Platform is available to residents of the United States and US territories only.
• Legal capacity: you must have legal capacity to enter into a binding contract under the law of your state of residence.
• Single account: you may create only one personal account. Creating multiple accounts to evade moderation, bans, or restrictions is prohibited.
• No prior permanent bans: if Africanii has permanently terminated your account, you may not register again unless we have reinstated your account in writing.
• Business accounts: if you register a business account, you represent that you have authority to bind the named business entity.

3.  Account Registration and Security

 

To access most Platform features you must register an account. By registering, you agree to:

1. Provide accurate, current, and complete information and keep it updated throughout your use of the Platform.
2. Keep your login credentials strictly confidential. You are responsible for all activity under your account.
3. Notify us immediately at security@africanii.com if you suspect any unauthorised access to your account.
4. Not allow any other person to use your account.
5. Not use automated tools or bots to create accounts.

Africanii may require additional identity or address verification for certain features. Providing false information during verification is grounds for immediate account termination.

 

3.1 Electronic Communication and E-sign Consent

By creating an account, accessing, or using the Platform, you consent to receive electronically all agreements, notices, disclosures, communications, and other information that Africanii provides in connection with the Platform. You agree that electronic communications satisfy any legal requirement that such communications be in writing. You further consent to the use of electronic signatures and records in connection with your use of the Platform.

 

4.  Platform Licence

 

Subject to your compliance with these Terms, Africanii grants you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform for lawful personal or commercial purposes consistent with these Terms. You may not: sublicence, sell, transfer, or assign your access rights; scrape, crawl, or harvest platform data without written permission (including for AI training purposes); reverse-engineer, decompile, or extract source code; build a competing product or service using Africanii content or infrastructure; or use automated tools to interact with the Platform, post listings, or send messages.

 

4.1 Africanii Intellectual Property

Except for User Content, all rights, title, and interest in and to the Platform, including its software, source code, design, databases, compilations, trademarks, service marks, trade names, logos, graphics, text, audiovisual content, and underlying technology are owned by Africanii or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you ownership of, or any right to use, Africanii’s intellectual property except for the limited license expressly provided herein.

 

5.  Fair Housing Act Compliance

 

The Fair Housing Act (42 U.S.C. §3604) and equivalent state laws prohibit discrimination in housing based on race, colour, national origin, religion, sex, disability, and familial status. Because the Platform includes housing listings and expressly serves a community defined in part by national origin and cultural affiliation, Fair Housing compliance is a cornerstone obligation for all housing listings and communications.

5.1  Prohibited Housing Listing Language

When posting any housing listing — rental, sale, sublet, or roommate search — the following is strictly prohibited:

• Any preference for or limitation on prospective occupants based on a protected characteristic. Examples of prohibited language: 'ideal for African professionals only'; 'Christian household preferred'; 'no children'; 'adults only'; 'looking for someone from [specific country]'; 'quiet professionals only, no families.'
• Images that communicate a preference for or exclusion of any protected group.
• Terms or conditions that differ based on a protected characteristic.
• Statements or implications that a property is unavailable based on a protected characteristic.

5.2  Permissible Housing Listing Language

• Accurate property descriptions: square footage, number of bedrooms and bathrooms, amenities, pet policy, smoking policy, and proximity to cultural institutions or transit.
• Rental or sale price, lease length, required deposits, and credit or income screening requirements applied equally to all applicants.
• Accessibility features: step-free entry, elevator access, roll-in shower.

FHA violations result in immediate listing removal without prior notice. Repeated violations result in permanent account termination. Africanii reserves the right to report apparent violations to HUD or applicable state fair housing agencies. Africanii may periodically evaluate housing-related recommendation systems and moderation practices to promote compliance with applicable fair housing laws.

6.  User Content

 

6.1  Your Ownership

You retain ownership of content you create and post on the Platform ('User Content'), including listings, photos, reviews, event descriptions, business information, and messages.

6.2  Licence to Africanii

By posting User Content, you grant Africanii a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for the purposes of operating, improving, enforcing, and promoting the Platform. This licence ends when you delete your User Content or account, except where retention is required by law or to resolve an active dispute.

6.3  Your Representations

By posting User Content you represent and warrant that: (a) you own it or have all necessary rights to post it; (b) it does not infringe any third-party right; (c) it complies with these Terms, our Community Guidelines, and all applicable law; (d) factual statements in it are accurate to the best of your knowledge; and (e) if it depicts or identifies another person, you have their consent.

7.  Marketplace Rules

 

7.1  No Payment Processing on Platform

Africanii provides a listings and communications venue only. Africanii does not process, hold, intermediate, or facilitate any payment or financial transaction. All payment arrangements are made directly between buyers and sellers off-Platform. Africanii is not a party to any transaction between users and is not responsible for payment disputes, fraud in off-Platform payment arrangements, or loss arising from off-Platform transactions.

7.2  Listing Accuracy

Listings must accurately describe the item, service, or property. Misleading descriptions, false condition claims, and deceptive pricing are prohibited. Photos must depict the actual item or property, not stock images, unless clearly labelled 'illustrative only.'

7.3  Prohibited Listings

The following may not be listed under any circumstances: firearms and related accessories requiring a federal or state licence for sale; illegal drugs and controlled substances; prescription medications; counterfeit goods; stolen property; human beings or human biological materials; live animals (except by licensed breeders or adoption organisations in full compliance with animal welfare law); weapons exceeding legal limits; hazardous materials; adult or sexually explicit services; multi-level marketing recruitment disguised as listings; and any service that is illegal under federal or state law. The Prohibited Items List at africanii.com/prohibited-items is incorporated into these Terms by reference.

7.4  Safe Transaction Recommendations

Africanii strongly recommends for in-person exchanges: meet in a public, well-lit location; bring a companion; inspect items before agreeing to any payment; use traceable payment methods (avoiding wire transfers or cryptocurrency with unknown parties); and trust your instincts — if something feels wrong, do not proceed. Report suspicious listings to safety@africanii.com.

 

7.5 Tax Responsibility

Users are solely responsible for determining, reporting, collecting, remitting, and paying any taxes arising from transactions, listings, services, or activities conducted through or in connection with the Platform. Africanii does not calculate, collect, or remit taxes on behalf of users.

 

7.6 Professional Services Disclaimer

The Platform may contain listings or advertisements for professional services, including legal, medical, financial, accounting, immigration, educational, or consulting services. Africanii does not verify professional credentials, licensure status, qualifications, or the accuracy of professional advice. Any engagement with a professional service provider is solely between the user and the provider.

 

 

8.  Prohibited Conduct

 

You agree not to engage in any of the following:

• Discrimination: content or conduct that discriminates against any person based on race, colour, national origin, religion, sex, disability, familial status, age, sexual orientation, gender identity, or any other protected characteristic.
• Fair Housing Violations: housing listings or communications that violate the Fair Housing Act or state equivalents — see Section 5.
• Harassment and Bullying: repeated, targeted conduct that a reasonable person would find threatening, intimidating, or humiliating.
• Hate Speech: content promoting hatred, violence, or discrimination against any person or group based on a protected characteristic.
• Defamation: knowingly false statements of fact about an identifiable person or business, or statements made with reckless disregard for their truth.
• Doxxing: posting another person's private information (address, phone, workplace, financial information, immigration status, medical data) without their consent.
• Impersonation: falsely representing yourself as another person, business, or Africanii staff.
• Fraud: misrepresenting items in listings; charging for unrendered services; creating fictitious listings; or using the Platform to deceive users.
• CSAM: posting, transmitting, or distributing child sexual abuse material. Such content will be immediately removed and reported to the National Center for Missing & Exploited Children (NCMEC) CyberTipline and law enforcement — without exception, without notice, and without appeal.
• Illegal Activity: facilitating any activity illegal under federal, state, or local law.
• Platform Interference: disrupting platform infrastructure; introducing malware; exploiting vulnerabilities; conducting denial-of-service attacks.
• Scraping and AI Training: systematically harvesting platform data using automated tools without written authorisation, including for use in training AI models.
• Adversarial AI Use: attempting to manipulate, jailbreak, or circumvent Africanii's AI moderation or recommendation systems; using AI tools provided by Africanii to generate discriminatory, deceptive, or mass-spam content.
• Spam: sending unsolicited bulk messages; posting duplicate or off-topic listings; coordinated inauthentic behaviour.

9.  DMCA Notice-and-Takedown

 

Africanii respects intellectual property rights and responds to valid copyright infringement notices under the DMCA (17 U.S.C. §512). Designated DMCA Agent: legal@africanii.com; Africanii, Inc., 110 East Houston Street, Suite 400, San Antonio, TX 78205 (registered with the US Copyright Office).

A valid notice must include: identification of the copyrighted work; identification of the infringing material and its Platform URL; your contact information; a good-faith belief statement; and a statement of accuracy under penalty of perjury, signed by you or your authorised representative.

Counter-notice: if your content was removed in error, email legal@africanii.com with your name, address, phone, identification of the removed material, a good-faith statement, consent to federal court jurisdiction in San Antonio TX, and your signature under penalty of perjury. We will restore content within 10–14 business days if no court action is filed. Repeat infringers will have their accounts terminated.

 

9.1 Trademark Complaints

Africanii respects trademark rights. Trademark owners who believe content on the Platform infringes their trademark rights may submit a complaint to legal@africanii.com. Complaints should include identification of the trademark, the allegedly infringing content, supporting documentation, and contact information. Africanii reserves the right to investigate and take appropriate action.

 

10.  Account Suspension and Termination

 

Violation Type	Notice Period	Action
Non-urgent / first minor violation	5 business days written notice to registered email	Content removal; formal warning; no account restriction
Repeat minor / first moderate violation	2 business days written notice	Temporary posting restriction (7–30 days)
Serious violation (fraud, FHA, harassment, defamation)	Notice concurrent with suspension	Account suspension pending investigation (up to 30 days)
Severe violation (hate speech, CSAM, trafficking, repeated serious violations)	No prior notice required	Immediate permanent ban; law enforcement referral where required

 

10.1  Appeal Process

You may appeal any content removal or account action within 14 days of your notice of action. Email appeals@africanii.com (subject: 'Account Appeal — [Your Username]') with a description of the action and why you believe it was in error. A senior Trust & Safety team member not involved in the original decision will review your appeal. We will acknowledge within 2 business days and provide a substantive decision within 7 business days. Africanii's appeal decision is final for internal review.

10.2  Voluntary Account Deletion

Delete your account at any time via Account Settings > Delete Account. Our data retention schedule applies (see Privacy Notice Section 6). We will confirm deletion by email within 5 business days.

 

10.3 Investigation and Cooperation

Africanii reserves the right to investigate suspected violations of these Terms, fraud, abuse, unlawful activity, or security incidents. Users agree to cooperate with reasonable requests for information related to such investigations. Africanii may disclose information when required by law, legal process, or governmental request.

 

11.  AI-Powered Features

 

Africanii uses AI to assist with content moderation, listing recommendations, semantic search, fraud detection, and (when deployed) identity verification, generative posting assistance, and chatbot support. Detailed disclosures for each AI feature appear in the Privacy Notice Section 9. The following commitments apply to all AI features:

• Human review: Where reasonably practicable, Africanii seeks to provide human review of significant automated moderation actions affecting user accounts or content. The timing and availability of such review may vary depending on operational, technical, and legal considerations
• Opt-out right: you may opt out of consequential automated decisions as required by the Colorado AI Act, Texas TRAIGA, and California ADMT regulations. Submit opt-out requests to privacy@africanii.com.
• Non-discrimination: our AI systems are not designed or used to make decisions based on race, national origin, religion, sex, disability, or familial status. Annual bias audits are conducted for all AI systems affecting account or content decisions.
• Chatbot disclosure: if a chatbot is used for support, every conversation will begin with a clear disclosure that you are communicating with an AI, not a human, and will offer immediate escalation to a human agent.
• AI-generated content: if you use Africanii's generative posting tools, you remain responsible for reviewing and accepting the accuracy of AI-suggested content before posting. AI-assisted listings will be labelled 'AI-assisted draft.'

12.  Disclaimer of Warranties

 

THE PLATFORM IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AFRICANII DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. AFRICANII DOES NOT ENDORSE, VERIFY, OR GUARANTEE ANY USER CONTENT, LISTING, SERVICE, BUSINESS, OR EVENT POSTED BY A USER. YOUR RELIANCE ON USER CONTENT IS ENTIRELY AT YOUR OWN RISK. AFRICANII MAKES NO WARRANTY REGARDING THE ACCURACY OF ANY AI-GENERATED CONTENT OR RECOMMENDATION.

Some states do not allow the exclusion of implied warranties. To the extent applicable law prohibits such exclusion, the exclusion applies only to the maximum extent permitted.

13.  Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFRICANII AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY — ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY USER CONTENT, ANY OFF-PLATFORM TRANSACTION BETWEEN USERS, ANY CONTENT MODERATION DECISION, OR ANY AI FEATURE OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE CAP: AFRICANII'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE PLATFORM SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100.00), REGARDLESS OF THE THEORY OF LIABILITY.

Jurisdictional savings: nothing in these Terms limits Africanii's liability for death or personal injury caused by its own negligence, fraud or wilful misconduct, or any other liability that cannot be excluded by applicable law.

 

13.1 Statute of Limitation

To the maximum extent permitted by law, any claim or cause of action arising out of or relating to the Platform or these Terms must be commenced within one (1) year after the claim or cause of action accrues, or such claim shall be permanently barred.

 

14.  Indemnification

 

You agree to indemnify, defend, and hold harmless Africanii, Inc. and its affiliates, officers, directors, employees, agents, and licensors from and against all claims, liabilities, damages, judgements, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party right; (e) your violation of the Fair Housing Act or any state fair housing law; (f) any off-Platform transaction you enter into with another user; or (g) any dispute between you and another user.

15.  Governing Law and Dispute Resolution

 

Governing law: these Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Informal resolution: before initiating any arbitration or legal proceeding, contact legal@africanii.com describing your dispute. We will attempt good-faith resolution within 30 days.

Binding arbitration: if informal resolution fails, disputes will be resolved by binding individual arbitration administered by JAMS under its Consumer Minimum Standards (jamsadr.com), conducted by a single arbitrator in San Antonio, Texas, or by videoconference at either party's request. Africanii pays all JAMS fees for claims under $10,000.

Waiver of Jury Trial: To the maximum extent permitted by law, if a dispute is permitted to proceed in court rather than arbitration, both you and Africanii knowingly, voluntarily, and irrevocably waive any right to a trial by jury.

CLASS ACTION WAIVER: YOU AND AFRICANII AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY — NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, ONLY THAT CLAIM PROCEEDS IN COURT; ALL OTHER CLAIMS REMAIN IN ARBITRATION.

Small claims exception: either party may bring qualifying claims in small claims court in Bexar County, Texas, or in your county of residence. Either party may seek emergency injunctive relief in state or federal court in Bexar County, Texas to prevent irreparable harm.

16.  Changes to These Terms

 

For material changes, we will email registered users and post a Platform notice at least 30 days before the change takes effect. Continued use after the effective date constitutes acceptance. If you disagree, delete your account before the effective date.

 

16.1 Platform Modification or Discontinuation

Africanii reserves the right, at any time and in its sole discretion, to modify, suspend, discontinue, remove, limit, or restrict access to any feature, functionality, service, or portion of the Platform, temporarily or permanently, with or without notice, except where notice is required by applicable law.

17.  General Provisions

 

• Entire Agreement: these Terms, the Privacy Notice, Cookie Policy, and Community Guidelines constitute the entire agreement between you and Africanii.
• Severability: if any provision is found unenforceable, it is modified to the minimum necessary extent, and all other provisions remain in full force.
• No Waiver: Africanii's failure to enforce any right is not a waiver of that right.
• Assignment: you may not assign your rights. Africanii may assign its rights in connection with a merger, acquisition, or asset sale with notice to you.
• Contact: legal@africanii.com  •  110 East Houston Street, Suite 400, San Antonio, TX 78205

 

18. Force Majeure

Africanii shall not be liable for any delay, interruption, or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, severe weather, pandemics, public health emergencies, labor disputes, utility failures, internet or telecommunications disruptions, cyberattacks, denial-of-service attacks, governmental actions, war, terrorism, civil unrest, or failures of third-party service providers.

 

19. Export Control and Sanction Compromise

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government list of prohibited or restricted parties. You agree not to use the Platform in violation of any applicable export control, sanctions, or trade laws.

 

20. Survival

The provisions concerning intellectual property, User Content licenses, indemnification, limitations of liability, dispute resolution, arbitration, class action waiver, governing law, investigations, and any provisions that by their nature should survive termination shall survive termination of these Terms and any termination of your account.

— END OF TERMS OF SERVICE —

 

 

EXECUTION & ACKNOWLEDGMENT

Terms of Service — Effective May 1, 2025

 

This document is duly authorized, adopted, and published by Africanii, Inc., a Texas corporation, effective May 1, 2025, as part of Africanii's platform legal framework governing all users of africanii.com and its iOS and Android mobile applications across all 50 United States and US territories.

 

By publishing this document, Africanii, Inc. represents and warrants that: (a) the document has been reviewed by qualified legal counsel; (b) all required technical implementations have been completed or are scheduled per the Compliance Checklist; and (c) the document will be made publicly available on africanii.com and within the mobile applications at the time of publication.