APPLICABILITY

These Ts&Cs apply to all registered Users (having signed for an account) and by accessing or using the FSI sandbox, you agree to be bound by these Ts&Cs . Upon termination of this Agreement or your access to the FSI sandbox for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, survive termination.

ELIGIBILITY

Our Services are exclusively available to users that are capable of entering a valid contract with FSI, in compliance with all applicable local, state, national, and international laws, rules and regulations.

THE SANDBOX

Description

FSI Sandbox is a platform and test environment which contains dummy data and tools for you to give ideas, provide, develop and test solutions (“Ideas”) and interact with us or other participants. We will provide overall governance but you are ultimately responsible for your Ideas and participation in the Sandbox. The Sandbox, dummy data, tools and other contents are provided “as is”, “as available” and with all faults. We do not represent that they will be error free, or free of other malicious code or will meet your requirements.

ACCOUNT

To gain access to the Sandbox, you need to sign in

• You must be a human to sign up with FSI as a member. Sign ups, accounts registered and account sign in by "bots" or other automated methods are not permitted.
• Each person can only maintain one account.
• You must be at least 18 years old. While we are thrilled to see brilliant young coders develop, the FSI Sandbox is not open to under age participants and does not allow their participation. If we verify that you are not yet 18 years old, we will terminate your account immediately.
• Your login credentials may only be used by one person - you - and cannot be shared with other people, as the services on FSI sandbox are delivered only to the individual registered on the platform.
• Any operation which originates from your account, whether initiated by you or not shall be deemed to have originated from you.
• FSI shall not be liable for any unauthorized use of your account to access the sandbox and you hereby absolve FSI and its employees, agents or contractors, of all and any liability/responsibility in this regard.
• You understand and acknowledge that in the event of loss or misplacement of your device, the service may be misused. You indemnify FSI for any such misuse arising out of the same and shall not hold FSI responsible for any loss that you may suffer in these circumstances.
• The Platform may hold and process User information with its agents and employees for the purpose of providing the services for which it was engaged.
• FSI may suspend or terminate your access to the sandbox without prior notice if you breach any of these Terms and Conditions or if any errors / omissions / fraudulent actions are noticed. FSI may also terminate any account that is inactive for an extended period of time
• FSI shall determine the privileges attached to the use of the sandbox and shall have absolute discretion to change, vary, add, supplement or amend these privileges and conditions attached thereto from time to time and such amendment, supplement or variation shall be binding on the User.

IDEAS

1. Ownership and licence You have and retain intellectual property ownership of and responsibility for your Ideas/Codes. You agree that you will only submit Ideas/Codes that you have the right to post and develop, and you will fully comply with any third-party licenses relating to the Ideas/Codes. You also unconditionally and irrevocably agree that we, our directors, employees, agents and affiliates may use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, copy, store and distribute any Ideas which you submit, post or display in the Sandbox for any lawful purpose (“Use”) and for the Use, you provide us a perpetual, unrestricted, irrevocable, worldwide, royalty-free and non-exclusive licence. The Ideas may also be used for promotion, advertising or marketing purposes in any form, medium or technology. Under no circumstances will we be liable in any way for Ideas, contents or materials of any third parties (including participants), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such Ideas, contents or materials.
2. Removal of Ideas We do not pre-screen Ideas, but we have the right (though not the obligation) to refuse or remove any Ideas, in our sole discretion, which violates this Term or any of our policies.

RULES OF CONDUCT

FSI Sandbox hosts a wide variety of Ideas and participants and the Sandbox can only work if all participants are able to work together in good faith. While using the Sandbox, you must follow these rules of conduct.

1. Compliance with Laws and Regulations Your use of the FSI Sandbox must not violate any applicable laws and regulations, including copyright or trademark laws or export control laws. You are responsible for making sure that your participation complies with all laws and regulations applicable to you.
2. Content Restrictions You agree that you will not under any circumstances upload, post, host, or transmit any content that:
   • is unlawful or promotes unlawful activities;
   • is or contains sexually obscene content;
   • is libellous, defamatory, or fraudulent;
   • is discriminatory or abusive toward any individual or group;
   • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
   • Infringe on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions You agree that you will not under any circumstances:
   • attempt to disrupt or tamper with the Sandbox’s server or any third party’s servers hosting the Sandbox in ways that could harm the Sandbox and services of FSI website, to place undue burden on the servers through automated means, or to access the Sandbox in ways that exceed your authorization;
   • impersonate any person or entity, including any of our employees or representatives, including through false association with us or the Sandbox, or by fraudulently misrepresenting your identity;
   • violate the privacy of any third party, such as by posting another person's personal information without consent;
   • Collect or harvest any personal information from the sandbox.
   • engage in fraudulent or illegal conduct of any kind;
   • access or use the Sandbox for the benefit of our competitors, or to compete with us;
   • access or use the Sandbox for any political or terrorism related activities;
   • extract any information or data from the Sandbox;
   • transmit any viruses, worms, defects, Trojan horses, or any programme of a destructive nature;
   • store or archive the tools and functionalities to your own or a third party’s computer systems or storage devices;
   • modify, decompile, reverse engineer or otherwise alter FSI website services and the FSI Sandbox tools, API or content; or
   • Use robots, spiders, crawlers, scraping or other similar technology to access or use the Sandbox.
   • Bypass the measures used to prevent or restrict access to the sandbox, including without limitation to features that prevent or restrict use or copying of any content or enforce limitations on use of the sandbox or the content therein.
4. Scraping, Spamming and Use of Cron Jobs

   Scraping refers to extracting data from the Sandbox via an automated process, such as a bot or WebCrawler. It does not refer to the collection of information through FSI Sandbox’s API. Scraping the Sandbox for any purpose is prohibited. Similarly, spamming and the use of Cron Jobs or like software utilities or technology for any purpose are not allowed.

STORAGE

You agree that we have no responsibility or liability for the deletion or failure to store any Ideas or any other content or data maintained or uploaded to the Sandbox.

If we provide APIs:

• We may, in our sole discretion, charge you for API calls that exceed the call limits or terminate your access to the API. We may limit the number of API calls we permit you to make during any given period. If we believe that you have attempted to exceed or circumvent these limitations, we may temporarily or permanently block your ability to use APIs or the Sandbox.
• You agree that we may collect certain usage data and information related to your use of our APIs and the Sandbox, and that we may use such usage data for any business purpose, internal or external.

YOUR REPRESENTATION AND WARRANTIES

You represent and warrant to us that:

• The information you provide us in connection with your FSI member account and your use of the Sandbox is true and accurate;
• Your participation in the Sandbox and the submission of your Ideas is voluntary and you will not receive any compensation (whether financial or in any other form) except where separately stated in relation to a FinTech challenge in which the sandbox is used as a working tool for the FinTech Challenge;
• Your participation and Ideas will not infringe the rights of any third parties; and
• Your Ideas, your use of the services of FSI website and your use of the Sandbox will comply with all laws and regulations applicable to you.

EXIT FROM THE SANDBOX

You may exit the sandbox by:

• Partnering with API providers
• Applying for and obtaining a license from CBN
• Procuring investment from an investor

Kindly note that none of the procedures listed above are within the control of FSI as FSI is only responsible for activities within the sandbox. FSI may however offer technical assistance, act as a conduit or play advisory roles with respect to your exit from the platform.

MODIFICATION, SUSPENSION AND TERMINATION

We may discontinue, modify or change the Sandbox, tools (including APIs), content and our services at any time and may not notify you in advance. We will have no liability or obligation to you for any modifications or changes we make to the Sandbox. You agree that we may, at our sole discretion, modify, suspend or terminate your account and remove and discard any Ideas or content within the Sandbox, without notice. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your account may be referred to appropriate law enforcement authorities. Upon termination, we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to the Ideas and any other data. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Services.

USER DISPUTES

You agree that you are solely responsible for your interactions with any other participants in the Sandbox and in that regard, we will have no liability or responsibility. We may, but have no obligation, to become involved in any way in disputes between you and participants.

INDEMNITY AND RELEASE

You agree to release, indemnify and hold us and our affiliates and our employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable legal fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use and participation in the Sandbox and services provided on FSI website, your connection to the Sandbox, your violation of these Ts&Cs or your violation of any rights of another including infringement of third party intellectual property. By signing up for an FSI member account, you confirm that the information provided at the time of registration and at all times are true and you agree to indemnify FSI where it is a false representation in any form.

THIRD PARTY SERVICES

The Sandbox may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. We have no control over such sites, services and resources and we are not responsible for such sites, services and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Sandbox shall be between you and the third party, and you agree that FSI is not liable for any loss or claim that you may have against any such third party.

LIMITATION OF LIABILITY

You expressly understand and agree that neither us nor our directors, employees or agents or affiliates will be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses, whether based on contract, tort, negligence, strict liability or otherwise, resulting from your participation and use of FSI’s sandbox. Notwithstanding the foregoing and to the extent permitted by law, our total liability to you or any third party for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise under this T&C shall not under any circumstances exceed N10,000.00 (Ten Thousand Naira Only) FSI, its employees, agents or contractors shall, in no circumstances be held liable to you, if access to the sandbox is not available in the desired manner for any reason whatsoever. FSI shall have no liability where the services are not available because of any reason beyond the control of FSI, including but not limited to natural calamity, legal restraints, faults in the telecommunication network or network failure, software or hardware error, among others. FSI, its employees, agents or contractors shall, in no circumstances be held liable to any person for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any ideas, contents or materials.

CONFIDENTIAL INFORMATION

Our communications to you and the Sandbox may contain Confidential Information. You will treat all Confidential Information as strictly confidential and use the same degree of care to prevent disclosure of such Confidential Information as you would use with respect to your own most confidential and proprietary information.

All Confidential Information on the FSI website and Sandbox is and remains our property, and, except as expressly provided in these Ts&Cs: (i) no license or other right in any Confidential Information on the FSI website is granted to you, and (ii) you may not use or disclose any Confidential Information without our prior written consent. On termination of these Ts&Cs or on our written request at any time, you will destroy or return to us all Confidential Information in your custody or control, received from your use of the FSI website. This provision will survive any termination of these Ts&Cs for so long as you have in your possession any Confidential Information belonging to FSI.

AUDIT AND REGULATORS

We may monitor and audit your Ideas and participation in the Sandbox. You will promptly provide us with any information that we may request from you on your Ideas and activities. We may also without notifying you furnish to any regulator or governmental authority, foreign or domestic, with information on your Ideas and participation in the Sandbox.

GENERAL

We retain all rights, title and interest including all intellectual property rights not otherwise granted to you under this T&C, including the FSI Sandbox, our systems, services and branding as well as any derivative works from them. Your participation does not create a joint venture, co-ownership, partnership or agency relationship between you and us. Neither you nor we will have the authority to incur, assume, or create, orally or in writing, any liability, obligation, or undertaking of any kind in the name of, or on behalf of, or in any way binding upon, the other. FSI shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to do the same. This T&C constitutes the entire agreement between you and us and governs your use of the FSI Sandbox, website and other FSI’s services. You may also be subject to additional Ts&Cs that may apply when you use affiliate or third-party services, third party content or third-party software. These Ts&Cs will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and you submit to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria. Our failure to exercise or enforce any right or provision of these Ts&Cs will not constitute a waiver of such right or provision. If any provision of these Ts&Cs is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Ts&Cs remain in full force and effect.

COOKIES AND YOUR CONTROL OVER THEM

Cookies are small text files which are transferred from our websites or services and stored on your device. We use cookies to help us provide you with a personalized service, and to improve the user-experience on our websites and services. Our cookies may be session cookies (temporary cookies that identify and track users within our websites, applications or services that are deleted when you close your browser or leave your session) or persistent cookies (cookies which enable our websites, applications or services to remember who you are and your preferences within our websites, applications or services, including those that will stay on your computer or device after you close your browser or leave your session in the application or service). We use the following different types of cookies: Strictly necessary cookies These are needed for our websites or services to function properly. For example, these cookies allow you to access secure areas of our website or to remember your previous activities. Performance cookies and analytics technologies These collect information about how users navigate our websites and services, for instance which functionality visitors use most often. They don’t collect information that identifies a visitor or user. We only use these cookies to improve our website, and services, so all information collected is anonymous. Functionality cookies These allow our websites and services to remember choices you make (such as your username, language or country) and provide enhanced, more personal features. They can also be used to remember changes you have made to services and other parts of web pages that you can customize. The information these collect may be anonymized and they cannot track your browsing activity on other websites. IP Address and traffic data We keep a record of traffic data which is logged automatically by our servers, such as your Internet Protocol (IP) address, and device information. We also collect some site, application and service statistics such as access rates, page hits and page views. We are not able to identify any individual from traffic data or site statistics. You may be able to configure your browser or our website to restrict cookies or block all cookies if you wish, however if you disable cookies you may find this affects your ability to use certain parts of our website or services.

CONTACT US

You can contact us on matters relating to the Sandbox at sandboxsupport@fsi.ng