Terms of Use

Last Updated: 21 October 2026
Version: 1.0.0

1. Acceptance of Terms

By accessing or using NairaCloud services ("Services"), you agree to be bound by these Terms of Use ("Terms"), the Privacy Policy, Cookie Policy, Acceptable Use Policy, and Data Processing Agreement (collectively, "Agreements"). If you do not agree, do not use our Services.

2. Description of Services

NairaCloud provides cloud computing infrastructure including virtual machines, storage, networking, and related services ("Services") through our platform at nairacloud.xyz.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract. By registering, you represent and warrant that you meet these requirements.

3.2 Registration

You must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials (email, password, API keys, SSH keys). Notify us immediately of any unauthorized use.

3.3 Organizations

Accounts may be associated with organizations. Organization owners/admins are responsible for all activity under their organization, including managing members, roles, and billing.

3.4 Identity Verification

We may require identity verification (KYC) for certain services, higher limits, or regulatory compliance. Failure to complete verification may limit Service access.

4. Acceptable Use

You agree not to use the Services for any unlawful or prohibited purpose. See our Acceptable Use Policy for details. Violation may result in suspension or termination.

5. Billing and Payments

5.1 Fees

You agree to pay all fees associated with your use of the Services per the pricing at nairacloud.xyz/pricing. Fees are subject to change with 30 days' notice via email and dashboard.

5.2 Billing Cycle

• Fixed services: Billed monthly in advance
• Usage-based services: Billed in arrears (monthly)
• Reserved/Committed: Per agreement terms

5.3 Payment Methods

We accept payments via Paystack and other methods we may offer. You authorize us to charge your selected payment method.

5.4 Payment Processing

We never receive, store, or process full card numbers. Card data is handled entirely by our payment processor; we store only payment references and tokens.

5.5 Late Payments

If a renewal payment fails, you get a 3-day grace period while your instances keep running. After that, instances are suspended. Suspended instances are retained for a further 14 days before deletion. A 1.5% monthly late fee may apply (maximum permitted by law).

5.6 Taxes

You are responsible for all applicable taxes (VAT, WHT, etc.). We will charge/withhold as required by Nigerian law (FIRS, State IRS). Provide valid tax certificates for exemptions.

5.7 Refunds

Refunds are handled by support at our discretion. No refunds for used resources, policy violations, or payments older than 30 days, except where the law requires one. Email billing@nairacloud.xyz with your invoice number.

5.8 Credits & SLA

Service credits for downtime are applied under the SLA as account balance, not cash refunds. The current SLA terms are available from legal@nairacloud.xyz.

6. Intellectual Property

6.1 Our Rights

All rights, title, and interest in the Services (software, APIs, trademarks, trade secrets, documentation) remain with NairaCloud. No license granted except as expressly stated.

6.2 Your Content

You retain ownership of your content (data, applications, configurations). You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, and display your content solely to provide the Services.

6.3 Feedback

Any feedback, suggestions, or ideas you provide become our property. We may use them without compensation or attribution.

6.4 Open Source

Services include open-source components. A licence list is available from legal@nairacloud.xyz on request.

7. Service Level Agreement

We strive to maintain high availability for core Services (API, control plane, provisioning). The full SLA is available from legal@nairacloud.xyz and covers:

• Uptime commitments per service
• Credit calculations (maximum 100% of the monthly fee)
• Exclusions (maintenance, force majeure, your acts)
• Claim process (within 30 days)

8. Data Protection & Privacy

8.1 Roles

• You (Controller): Determine purposes/means of processing your end-user data
• NairaCloud (Processor): Process data on your behalf per DPA

8.2 Compliance

We process personal data in accordance with applicable law, including the EU General Data Protection Regulation (GDPR) and the Nigeria Data Protection Act 2023 (NDPA). We maintain an information security program aligned with industry standards.

8.3 Security

See our Privacy Policy for how we protect data.

8.4 Your Obligations

• Lawful basis for your data processing
• Respond to data subject requests (we provide tools)
• Notify us of breaches on your side
• Configure security settings (MFA, firewall, encryption)

9. Suspension and Termination

9.1 By You

Terminate anytime via Dashboard → Settings → Delete Account. Fixed-term commitments: early termination fee per agreement.

9.2 By Us

We may suspend/terminate for:

• Material breach (uncured 14 days after notice)
• Non-payment (14 days overdue + notice)
• Legal/regulatory requirement
• Security emergency (immediate, notice after)
• Abuse/AUP violation (per Acceptable Use Policy)

9.3 Effect of Termination

• Your right to use Services ceases immediately
• Data: 30-day recovery window, then secure deletion within 90 days (per DPA)
• No refund for prepaid unused periods (except SLA credits)
• Surviving clauses: IP, confidentiality, liability, indemnification, governing law

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NairaCloud shall not be liable for: indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, data, goodwill, or business opportunity; cost of substitute services.

Aggregate liability limited to fees paid by you in the 12 months preceding the claim (or ₦1,000,000 if no fees).

Exceptions: fraud, willful misconduct, death/personal injury, data subject rights (GDPR Art. 82), statutory rights that cannot be limited.

12. Indemnification

You agree to indemnify, defend, and hold harmless NairaCloud, its officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of Services in violation of Agreements
• Your content (infringement, illegality, harm)
• Your violation of laws or third-party rights
• Your negligence or willful misconduct

We control defense; you cooperate. No settlement without your consent (not unreasonably withheld).

13. Governing Law

These Terms are governed by the laws of the Federal Republic of Nigeria. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

14. Dispute Resolution

14.1 Informal

Contact legal@nairacloud.xyz. Good-faith negotiation 30 days.

14.2 Mediation

Lagos Court of Arbitration (LCA) Mediation Rules. Mediator by LCA. Costs shared.

14.3 Arbitration

If mediation fails: binding arbitration under LCA Arbitration Rules.

• Seat: Lagos, Nigeria
• Language: English
• Arbitrators: 3 (each party appoints 1; those 2 appoint chair)
• Decision: Final, binding, enforceable in any competent court

14.4 Data Subject Claims

GDPR Art. 79: data subjects may sue in their habitual residence. NDPA: NDPC complaint mechanism.

14.5 Injunctive Relief

Either party may seek urgent injunctive relief in Lagos courts pending arbitration.

15. Security Program

We maintain a security program aligned with industry standards and review it regularly. Attestation reports are available to enterprise customers under NDA on request via security@nairacloud.xyz.

16. Export Controls & Sanctions

You represent you are not:

• In a sanctioned country (UN, EU, US, UK, NG lists)
• A sanctioned party (SDN, consolidated lists)
• Using Services for prohibited end-uses (WMD, missile, nuclear)

We screen against sanctions lists. Violation = immediate termination.

17. Force Majeure

Neither party liable for delays/failures due to events beyond reasonable control (natural disasters, war, terrorism, government action, pandemic, internet backbone failure). Affected party: notify promptly, mitigate, resume when possible. If > 60 days, other party may terminate.

18. Changes to Terms

We may modify these Terms at any time. Material changes: 30-day notice via email + dashboard banner. Continued use after effective date = acceptance. Version history available on request.

19. General

• Entire Agreement: Terms + referenced policies = full understanding
• Amendments: Written (electronic accepted)
• Severability: Invalid provisions severed, remainder enforced
• Assignment: You: not without consent. Us: to affiliates, acquirers, or in merger
• Waiver: No waiver unless written. Failure to enforce ≠ waiver.
• Notices: Email to address on file; deemed received on send. Legal notices also by courier.
• Language: English controls; translations for convenience only.
• No Third-Party Beneficiaries: Except data subjects per GDPR/NDPA.

20. Contact

Legal: legal@nairacloud.xyz
Privacy/DPO: dpo@nairacloud.xyz
Security: security@nairacloud.xyz
Abuse: abuse@nairacloud.xyz
Billing: billing@nairacloud.xyz
Postal: NairaCloud Technologies Ltd, Lagos, Nigeria