Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Kivo website, mobile application, digital platform, products, features and related services (collectively, the “Platform”).

The Platform is operated by ASTERIC ASSET MANAGEMENT/KIVO/PAYAZA, a company duly incorporated under the laws of the Federal Republic of Nigeria.

By accessing, browsing, registering on, or otherwise using the Platform, you acknowledge that you have read, understood and agreed to be bound by these Terms and our Privacy Policy.

Where you do not agree with these Terms, you should immediately discontinue use of the Platform.

You may use the Platform only where:

• You are legally capable of entering into a binding agreement
• The information supplied by you is accurate and complete
• You comply with applicable laws and regulations
• You satisfy any applicable eligibility, onboarding, KYC or suitability requirements
• Your use of the Platform does not violate any applicable law or regulatory requirement

Kivo reserves the right to refuse, suspend or terminate access where information supplied is inaccurate, incomplete or misleading or where required by law or regulation.

Kivo provides a digital platform through which users may access specified financial, investment, portfolio-management or related services, depending on the products and services made available from time to time.

Where a regulated financial or investment service is provided by a separate licensed entity, the relevant service shall be provided by that entity subject to its applicable licence, regulatory framework, terms and conditions.

Where account registration is required, you agree to provide true, accurate, current and complete information.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• Preventing unauthorised access to your account
• Immediately notifying Kivo of suspected unauthorised access
• Ensuring that all transactions or instructions submitted through your account are authorised by you

Kivo may suspend an account where necessary to protect the Platform, users, assets or comply with legal or regulatory obligations.

You acknowledge that Kivo and/or the relevant regulated entity may be required to undertake customer identification, verification, KYC, customer due diligence, enhanced due diligence, sanctions screening, beneficial ownership checks and other regulatory checks.

You agree to provide all information and documentation reasonably required for these purposes.

Failure to provide satisfactory information may result in delayed onboarding, restriction of services, suspension or closure of your account.

Information displayed on the Platform does not constitute a guarantee of investment performance.

Investments may involve the risk of loss of capital, fluctuations in value, liquidity risks, market risks, credit risks and other risks applicable to the relevant product.

Where applicable, users should review the relevant product documentation, risk disclosures, terms and conditions before making an investment decision.

Unless expressly stated in a legally binding product document, Kivo does not guarantee:

• Investment returns
• Preservation of capital
• Profitability
• Liquidity
• A particular investment outcome
• Uninterrupted availability of any investment product

Applicable fees, charges, commissions or other costs shall be disclosed to users before or at the point at which they become applicable.

Kivo reserves the right to amend applicable fees subject to applicable contractual and regulatory requirements.

You shall not:

• Use the Platform for unlawful purposes
• Provide false or misleading information
• Impersonate another person
• Attempt to gain unauthorised access to the Platform
• Interfere with the security or operation of the Platform
• Introduce malicious software
• Use the Platform to commit fraud or facilitate money laundering or other unlawful activities
• Reproduce or commercially exploit Platform content without authorisation

All intellectual property rights in the Platform, including its software, designs, logos, trademarks, content, graphics, databases and other materials, belong to Kivo and/or its licensors.

Nothing in these Terms transfers ownership of such intellectual property to you.

The Platform may contain integrations, links or services provided by third parties.

Kivo does not assume responsibility for the independent operation, availability, content or policies of third-party platforms except to the extent required by applicable law.

Kivo will take reasonable steps to maintain the availability and security of the Platform.

However, access may occasionally be interrupted because of maintenance, upgrades, technical failures, cyber incidents, telecommunications failures or circumstances beyond Kivo’s reasonable control.

Kivo may suspend or terminate access where:

• You breach these Terms
• Required by law or regulatory authority
• Fraud or suspicious activity is detected
• Information supplied by you is materially inaccurate
• Continued access presents a security or regulatory risk
• The Platform or relevant service is discontinued

To the extent permitted by applicable law, Kivo shall not be liable for losses arising from circumstances beyond its reasonable control or from a user’s misuse of the Platform.

Nothing in these Terms excludes or limits liability which cannot lawfully be excluded or limited.

You agree, to the extent permitted by law, to indemnify Kivo against claims, losses, liabilities, costs or expenses arising from your unlawful use of the Platform, breach of these Terms or violation of another person’s rights.

Kivo may update these Terms from time to time.

Updated Terms shall be published on the Platform, with the effective date stated at the beginning of the document.

These Terms shall be governed by the laws of the Federal Republic of Nigeria.