1. The agreement
By creating an account, ticking an acceptance box, or using the Platform, you agree to these Terms. If you use VISMARKS for a business, you confirm you can bind that business. If you do not agree, do not use the Platform.
We record the version you accepted, the time and the device so both of us have evidence of the agreement ("click-wrap"). Where a document conflicts with these Terms, the more specific document (for example the Seller Agreement for sellers) prevails for that topic.
2. Who may use VISMARKS
- You must be at least 13 years old to browse, follow, interact and buy. If you are under 18, you confirm a parent or guardian has reviewed these Terms and consents to your use and purchases.
- You must be at least 18 years old and legally able to contract to sell, host a Stage, receive tips, tickets, memberships or any payout.
- You may not use the Platform if you are barred by sanctions or export laws, or if we previously closed your account for breach.
3. Accounts and security
Give us accurate information and keep it current. You are responsible for everything that happens under your account. Keep your password private, enable two-factor authentication where offered, and tell us immediately at info@vismarks.com if you suspect misuse. One person, one account unless we approve otherwise; sellers may not open new accounts to avoid a suspension.
4. What VISMARKS is — and is not
VISMARKS is a venue and visibility engine. Sellers list products and host Stages; buyers and audiences discover them. Contracts of sale, tips, tickets and memberships are between the buyer and the seller/creator. VISMARKS is not the seller, manufacturer, carrier, promoter, event organiser or insurer, and does not take title to goods.
We do not guarantee that any product will sell, that any Stage will earn, or any level of traffic. Phrases such as "a million products, always live" describe the design of the Platform — every listing stays visible until it sells or is removed — not a promise of results.
5. Buying
- Some listings are display-only: the seller has not yet activated a selling plan or completed identity verification. You may send an enquiry but cannot buy on the Platform. Never pay a seller off-platform — those payments are outside Buyer Protection.
- Prices are set by sellers. Taxes, duties and shipping may be added as shown at checkout. Prices shown in another currency are converted at the rate displayed.
- When you tap Pay, you make a binding offer; the order is formed when the seller accepts or ships. Sellers handle shipping, fulfilment, returns and warranties.
- Our Buyer Protection & Refund Policy explains when you receive a refund, including automatic refunds when a dispute is unresolved for 7 days.
6. Selling
Sellers must accept the Seller Agreement. In short: sign-up is free; your first 5 listings are free and display-only; selling, Buy buttons and payouts require an active Seller Plan ($100/month or $1,000/year), identity verification and a connected payout account. A platform fee of 0.5% per item sold applies. Sellers are responsible for the legality, accuracy and safety of everything they list, and for taxes.
7. Stage, live shows and creator payments
Every seller may open a public Stage to publish video, music, art, games, jokes and live shows, and to receive tips, sell tickets and offer memberships. The Stage & Creator Terms govern these features, including the content licence, recording and replays, audience participation, and the 24-hour cooling-off period for Stage payments.
8. Fees and payments
- Payments are processed by licensed payment partners (currently Paystack and Flutterwave; others may be added). You agree to their terms when you pay. We never store full card numbers.
- Fees are shown before you confirm. Current schedule: Seller Plan $100/month or $1,000/year; 0.5% per item sold; one Hosting kind free, extra Hosting kinds $20/month each; 0.5% platform fee on tips, tickets and memberships plus processor charges.
- Subscriptions renew automatically until cancelled. Cancel anytime; access continues to the end of the paid period. Subscription fees are non-refundable except where the law requires or the Refund Policy says otherwise.
- You are responsible for taxes on your purchases and earnings. Where the law requires, we collect or report taxes and may ask for tax information before paying out.
- We may change fees with at least 30 days' notice by email and on the Platform. Continued use after the change means you accept it.
9. Your content and our licence
You keep ownership of everything you upload — listings, photos, videos, music, art, live streams, replays, games, comments ("Content"). So that we can run and promote the Platform, you grant VISMARKS a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt (for example to transcode, crop, caption or make thumbnails), publish, perform, display and distribute your Content on the Platform, in our feeds and emails, in Official VISMARKS Stage highlights, and in our marketing on social media and advertising networks.
This licence lasts while your Content is on the Platform and ends within 30 days after you delete it, except that it is perpetual and irrevocable for (a) clips, highlights, promotional material and compilations we created while the licence was in force, (b) Content other users already shared, embedded or remixed under the Platform's features, (c) copies kept in routine backups or for legal, safety or dispute purposes, and (d) your name, Stage name, logo and likeness as they appear in such material. You waive moral rights to the extent the law allows and confirm you hold every right needed to grant this licence, including rights to any music, people or brands shown. Full details are in the Stage & Creator Terms.
10. Acceptable use
Follow the Community Guidelines. Never: break the law; list prohibited items or counterfeits; mislead buyers; harass, threaten or discriminate; post sexual content involving minors or non-consensual content; infringe anyone's rights; move transactions off-platform to avoid fees or protection; manipulate reviews, views, ratings or games; scrape, reverse-engineer, overload or attack the Platform; or use another person's identity or payment method.
11. AI features
VISMARKS uses AI to write listings from photos, recommend products, translate, moderate, generate Official Stage content and more. AI output can be wrong. You must review AI-written listings before publishing — you remain responsible for their accuracy. Do not rely on AI output for legal, medical, financial or safety decisions. We may use de-identified usage data to improve these features.
12. Intellectual property
The Platform, its software, designs, the VISMARKS name and lightning mark are owned by VISMARKS or its licensors. You may not copy, modify, frame or create derivative works except as the Platform allows. We respect intellectual property and act on notices under our IP & Counterfeit Policy, including removing content and closing repeat infringers' accounts.
13. Privacy
Our Privacy Policy explains how we handle personal data under the Nigeria Data Protection Act / NDPR and, where it applies, the GDPR. Sellers receiving buyer data (names, addresses, enquiries) may use it only to fulfil the order or reply, must protect it, and must not add buyers to marketing lists without consent.
14. Third-party services
Payments, live-video infrastructure, email, maps, shipping partners, stock media and social networks are provided by third parties with their own terms. We are not responsible for their acts or outages. Links to external sites are provided for convenience only.
15. Suspension and termination
You may close your account at any time from Account → Privacy & data. We may limit, suspend or terminate your access, remove Content, hold payouts or cancel subscriptions if we reasonably believe you breached these Terms, created risk or legal exposure for others, or if required by law or a payment partner. Where practical we will tell you why and how to appeal at legal@vismarks.com. Sections that by their nature should survive (fees owed, licences, disclaimers, liability, disputes) survive termination.
16. Disclaimers
The Platform is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a purpose, title and non-infringement, and any warranty about products, sellers, creators, Stage content, views, earnings or uninterrupted, error-free service.
17. Limitation of liability
To the extent permitted by law, VISMARKS and its officers, staff and partners are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability to you for all claims in any 12-month period is limited to the greater of (a) the fees you paid VISMARKS in those 12 months and (b) USD 100. Nothing limits liability for fraud, death or personal injury caused by negligence, or anything that cannot be limited by law. Consumers in the EU/UK keep their mandatory statutory rights.
18. Indemnity
You will defend and indemnify VISMARKS against claims, losses and costs (including reasonable legal fees) arising from your Content, your products, your Stage, your breach of these Terms or of the law, or your infringement of anyone's rights.
19. Governing law and disputes
These Terms are governed by the laws of the Federal Republic of Nigeria. Before going to court, contact legal@vismarks.com; we will try in good faith to resolve the matter within 30 days. Disputes are then brought exclusively in the courts of Lagos State, Nigeria. If you are a consumer in the EU or UK, you may also rely on the mandatory consumer laws and courts of your country of residence. Each party waives class or representative actions to the extent permitted by law.
20. Changes to these Terms
We may update these Terms. For material changes we give at least 30 days' notice by email and on the Platform and will ask you to accept the new version at your next sign-in. Minor clarifications take effect when posted. The version number and effective date appear at the top of every legal page.
21. General
- Assignment: we may transfer this agreement to an affiliate or successor — including on a planned re-domiciliation of the operating company (for example to the United Arab Emirates) — with notice to you. You may not transfer your account.
- Entire agreement: these Terms and the linked policies are the whole agreement. If any part is unenforceable, the rest remains in force.
- No waiver: our failure to enforce a right is not a waiver. Force majeure: neither party is liable for delays caused by events beyond reasonable control.
- Language: English governs; translations are for convenience. Notices to you may be sent by email or in-app; notices to us go to the addresses below.
22. Contact
VISMARKS NIGERIA LIMITED, Lagos, Nigeria (registered address to be published). Legal: legal@vismarks.com · Support: info@vismarks.com · Privacy: privacy@vismarks.com · IP notices: ip@vismarks.com.
