1. Introduction

NESTis an automated savings and investment platform available online and through mobile applications.

1. 1.1 Purpose

   We offer an automated savings and investment service. As our Client, we will manage your savings and investment on your behalf in a very low cost manner to maximize your returns. By using our website and mobile applications, you enter into a series of legally binding agreements. You also agree to our Privacy Policy which covers how we collect, use, share and store your personal information.

2. 1.2 Agreement

   When you access our website at www.growwithnest.com and/or our mobile applications ("our website" (which includes our blog), "our app" or “NEST") as a User and Client, you're agreeing to be bound by the following Terms of Use. Please therefore take the time to read the following binding Terms of Use below. For the purpose of this agreement a User is an individual who uses our website or mobile application to evaluate our service, or for educational purposes and a Client is an individual who signs up on NEST that entitles the Client to have her or his savings and or investment portfolio managed by NEST. This Agreement, as well as the Privacy Policy applies to both Users and Clients. If you elect to become a Client, you will be subject to these Terms of Use, our Client Agreement, our Privacy Policy and any additional terms to which you agree when you create and fund a savings and or investment plan.

2. Obligations

You must be 18 or older to access our website or mobile applications.

1. 2.1 Eligibility

   NEST is intended solely for individuals who are 18 or older. Any access to or use of NEST by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using NEST, you represent and warrant that you are 18 or older.

2. 2.2 Your Access

   In order to access certain features of NEST, you must register to create an account ("User Account"). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. NEST has physical, electronic and procedural safeguards that comply with regulatory standards to guard Users' and Clients' non-public personal information (see Privacy Policy). You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify NEST immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You agree that the information you provide to us on account registration through our website or mobile applications will be true, accurate, current, and complete. If you wish to develop enhancements to the NEST service then you must do so via our "Partner Program" API. As used in these Terms, "APIs" means programmatic web APIs and associated tools and documentation that provide access to certain data displayed on our website or in our mobile applications. Access to our APIs requires you meet our Partner Program eligibility criteria and enter into a signed partnership agreement with NEST. You may not scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) as explained in Section 6.2. If you wish to learn more about becoming a Partner, please contact info@growwithnest.com.

3. 2.3 Alerts, Notifications and Service Communications

   By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts. You may unsubscribe from marketing oriented emails at any time.

3. Disclaimer and Limit of Liability

NEST cannot be held responsible for any financial insights or recommendations provided to users.

1. 3.1 For a User who is not a Client

   You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by NEST cannot be guaranteed and that NEST cannot be held responsible. All investments entail a risk of loss and that you may lose money. Investment management services may be offered to individuals who become clients, at the sole discretion of NEST. Your election to engage our savings and investment services are subject to your explicit enrollment and acceptance of this Terms of Use.. You agree and understand that your use of NEST is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that NEST is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on NEST as the primary basis of your investment decisions and, except as otherwise provided for herein, NEST will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of NEST or information you otherwise see on our website.

2. 3.2 Disclaimer Warranties

   Your use of NEST's website, and the personal information you provide is at your sole discretion. NEST's website and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from NEST. NEST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO NEST'S WEBSITE, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. NEST DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED:

   1. 1. REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF NEST'S WEBSITE, CONTENT AND/OR USER INFORMATION;
   2. 2. THAT NEST'S WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
   3. 3. THAT NEST'S WEBSITE WILL BE FREE FROM ELECTRONIC VIRUSES; OR
   4. 4. REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY NEST ON ITS WEBSITE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
   No advice or information, whether oral or written, obtained by you from NEST's website, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.

3. 3.3 Limitation of Liability

   IN NO EVENT SHALL NEST OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF NEST, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH NEST OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT NEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL NEST'S CUMULATIVE LIABILITY TO YOU EXCEED NGN10,000.

4. Termination

Each of us can end this agreement at any time, subject to the maturity of all plans. We may terminate or suspend your access to NEST, at any time with prior notice to you if your account is found to be fraudulent.

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use. Any suspension, termination, or cancellation shall not affect your obligations to NEST under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

5. Dispute Resolution

If there is a legal dispute, it will take place in Federal High Courts under Nigerian Law. You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.

6. NEST "Dos" and "Don'ts

NEST grants you a license to use our website and mobile applications so long as you comply with all our rules.

1. 6.1 Dos: You agree you will:
   1. 1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
   2. 2. Provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;
   3. 3. Use the services solely for your personal, non-commercial use;
   4. 4. Use your real name on your profile and keep your password confidential;
   5. 5. Use the Services in a professional manner.
2. 6.2 Donts: You agree you won't:
   1. 1. Circumvent, disable, or otherwise interfere with security-related features of NEST or features that prevent or restrict use or copying of any content or User information
   2. 2. Upload, email, transmit, provide, or otherwise make available:
      • any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); or
      • any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or
      • unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
      • any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of NEST; or
      • any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to NEST; or
      • any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;
      • Use any meta tags or other hidden text or metadata utilizing a NEST name, trademark, URL or product name;
      • Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use NEST to send altered, deceptive, or false source- identifying information;
      • Interfere with or disrupt (or attempt to interfere with or disrupt) any NEST web page, server, or network, or the technical delivery systems of NEST's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to NEST.
      • Attempt to probe, scan, or test the vulnerability of any NEST system or network or breach or impair or circumvent any security or authentication measures protecting NEST;
      • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide NEST;
      • Attempt to access, search, or meta-search NEST or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by NEST or other generally available third- party web browsers, including without limitation any software that sends queries to NEST to determine how a website or web page ranks;
      • Violate the terms of service or any other rule or agreement applicable to you or NEST's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service; Collect or store personal information about other users without their express permission;
      • Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
      • Solicit any User for any investment or other commercial or promotional transaction;
      • Violate any applicable law, regulation, or ordinance;
      • Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
      • Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or
      • Copy or use the information, content or data on NEST in connection with a competitive service (as determined by NEST);
      • Monitor NEST's availability, performance or functionality for any competitive purposes
      • Use NEST or content thereon in any manner not permitted by these Terms of Use
      • Copyrighted Materials: No Unauthorized Use. If you become aware of misuse of NEST or content thereon by any person, please contact NEST to report any abuse. NEST has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders. Please see the NEST Copyright and Intellectual Property Policy for further information.

7 General Terms

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of NEST, and any prohibited assignment will be null and void.

NEST may assign this Terms of Use Agreement or any rights hereunder without your consent. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee, or joint venture of the other. Note that if you elect to become a Client, the relationship of the parties will be governed by these Terms of Use, our Privacy Policy and any additional terms to which you agree when you create and fund an investment account. We reserve the right to change this Agreement by posting a revised Terms of Use and we agree that changes cannot be retroactive. If you don't agree with these changes, you must stop using NEST. You agree the only way to provide us legal notice is at the address provided in Section 9.5.

8 International Use

NEST is only for use in Nigeria

NEST is only available for use in Nigeria. We make no representation that NEST is appropriate or available for use outside Nigeria. Similarly, we make no representations that accessing NEST from locations outside Nigeria is legal or permissible by local law. If you access NEST from areas outside of Nigeria, you do so at your own risk and are yourself responsible for compliance with local laws.

9 Miscellaneous

This Agreement takes priority over previous agreements

1. 9.1. Integration & Severability

   This Agreement is the entire agreement between you and us with respect to NEST, and your use of our website and mobile app, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Investment recommendations are made to Clients on an individual basis and may differ based on specific circumstances.

2. 9.2. Advice may differ

   You understand and agree that we act as an investment advisor for Clients and will continue to do so. We and our personnel may make recommendations and take action for Clients that may differ from the recommendations we give to you or the action we take on your behalf. In addition, our personnel may take actions for their own accounts based on their own investment situations that differ from the recommendations we give you or actions we take on your behalf.

3. 9.3. Communication: Any notice or communication will be in writing by email

   You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and NEST's enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and NEST. These Terms of Use together with the NEST's Privacy Policy and Client Agreement (if applicable) constitute the entire agreement between NEST and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given by (a) NEST via email (in each case to the address that you provide), or (b) you via email to info@growwithnest.com or to such other addresses as NEST may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

4. 9.4. Feedback: We welcome your feedback!

   Your feedback is welcome and encouraged. You may submit feedback by emailing us at info@growwithnest.com. You agree, however, that (i) by submitting unsolicited ideas to NEST or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of NEST. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to NEST together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.

5. 9.5. Questions: If you have any questions

   This document constitutes NEST's complete Terms of Service for NEST and related services. If you have questions about these Terms of Services or about NEST or content thereon, please contact NEST at info@growwithnest.com