Terms of Service.
The binding agreement between Mind+ Facilitation Co. Nig. Ltd. and the people who use the JBYSY platform.
Please read carefully. By creating an account, submitting payment, or using any part of this platform, You confirm that You have read, understood, and agree to be bound by these Terms in their entirety. If You do not agree, You must not use the platform.
These Terms constitute a binding legal agreement between You and Mind+ Facilitation Co. Nig. Ltd., the company that owns and operates the Just Before You Say Yes (JBYSY) platform. Mind+ Facilitation Co. Nig. Ltd. is incorporated under the Companies and Allied Matters Act 2020 (as amended) with Registration Number RC 1029540. Its registered office is at 24 Biaduo Street, off Keffi Street, off Awolowo Road, Ikoyi, Lagos, Nigeria. References to "We", "Us", "Our", or "JBYSY" in these Terms mean Mind+ Facilitation Co. Nig. Ltd.
Part I · Preliminary
1 · Interpretation and definitions
In these Terms, the following words and expressions shall have the meanings assigned below. The singular includes the plural and vice versa; references to a person include a natural person, corporate body, or unincorporated association.
- Agreement — these Terms, together with the Privacy Policy, the Data Sharing Agreement (for Counsellors), and any document incorporated by reference.
- Assessment — the structured premarital readiness questionnaire administered through the platform, comprising 135 questions across 10 modules.
- Automated Processing — generation of the CRI and Reports by algorithmic means without human intervention (see clause 17).
- CRI / Composite Readiness Index — the weighted aggregate score derived from a User's responses, calculated by the platform's proprietary scoring algorithm.
- Counsellor — a person qualified to provide premarital or relationship counselling and approved for Dashboard access under clause 22.
- Counsellor Dashboard — the dedicated counsellor interface through which approved Counsellors access their clients' Reports.
- Couple Assessment — an Assessment completed by two individuals in a declared relationship, generating a Couple Alignment Report.
- Couple Alignment Report — the report generated upon completion of a Couple Assessment presenting comparative data and alignment analysis.
- Data Controller — Mind+ Facilitation Co. Nig. Ltd., in its capacity as the entity that determines the purposes and means of processing Personal Data.
- Data Sharing Agreement (DSA) — the separate written agreement between JBYSY and each Counsellor governing lawful sharing of client Personal Data.
- Individual Assessment / Report — an Assessment completed by a single User and the structured report it generates.
- Material Change — any amendment that alters or reduces a User right, increases a User obligation or liability, modifies the fee structure, changes data processing purposes, or modifies the dispute resolution mechanism.
- NDPA — the Nigeria Data Protection Act 2023 and regulations made thereunder.
- NDPC — the Nigeria Data Protection Commission, established under the NDPA.
- Personal Data — any information relating to an identified or identifiable natural person, as defined under the NDPA.
- Safeguarding Flag — an automated alert generated when specific response patterns indicate a potential risk to a respondent's wellbeing.
- Sensitive Personal Data — Personal Data revealing health, mental or emotional condition, sexual life or orientation, or other categories designated as sensitive under section 30 of the NDPA.
- Subscription — a paid access plan as further described in clause 9.
- Verified System Failure — a technical failure attributable solely to the platform that meets all conditions of clause 11.3.
2 · Acceptance of terms
By registering an account, completing a payment, or otherwise accessing any part of the platform, You unconditionally accept these Terms and agree to be legally bound by them. Acceptance constitutes a binding contract under the laws of the Federal Republic of Nigeria, including the Evidence Act 2011 as it applies to electronic transactions. If You are registering on behalf of a couple or as a Counsellor, You confirm full authority to bind any other party whose data You submit. If You do not accept these Terms in their entirety, You must not access or use the platform.
These Terms are available in the English language only. Any translation is provided for convenience and in the event of conflict, the English version shall prevail.
3 · Eligibility
The platform is intended for use by persons aged 18 years and above. By creating an account, You represent and warrant that You are at least 18. We reserve the right to require proof of age and to suspend any account where there is reasonable cause to believe this requirement is not met.
The platform is designed for use within the Federal Republic of Nigeria and by members of the Nigerian diaspora. We make no representation that the platform is appropriate or legally compliant in jurisdictions outside Nigeria. Counsellor registration is subject to the additional requirements set out in clause 22.
Part II · The Platform and Services
4 · Description of the platform and services
The platform is owned and operated by Mind+ Facilitation Co. Nig. Ltd. and provides structured, faith-informed premarital readiness services including:
- Individual Assessments and Individual Reports for persons evaluating personal readiness for marriage;
- Couple Assessments and Couple Alignment Reports for two persons in a declared relationship; and
- A Counsellor Dashboard through which approved Counsellors access their clients' Reports.
The platform is not a clinical, diagnostic, or therapeutic service. Reports do not constitute a clinical or psychological diagnosis, do not provide therapy or regulated mental health services, do not constitute legal, financial, or professional pastoral advice, and do not guarantee, predict, or warrant the success or failure of any marriage or relationship.
5 · User wellbeing and signposting
We recognise that the Assessment addresses emotionally sensitive areas — sexual history, relationship patterns, conflict behaviour, personal readiness. Engaging with these areas through a structured assessment may surface difficult emotions. If at any point You experience emotional distress, We encourage You to speak with a trusted pastor, counsellor, or mental health professional; contact a qualified mental health service in Your area; or reach out to support@jbysy.com and We will endeavour to direct You to appropriate support resources.
JBYSY is not a crisis service. If You or someone You know is in immediate danger or experiencing a mental health emergency, contact the appropriate emergency services in Your location immediately.
Where JBYSY, in its capacity as platform operator, becomes directly and credibly aware — through a support communication or other reliable means — of an imminent and serious risk to the physical safety or wellbeing of a User, JBYSY reserves the right to disclose such information as is strictly necessary and proportionate to the relevant competent authority, including the Nigeria Police Force, NAPTIP, or child protection agencies, on the lawful basis of the vital interests of the affected individual under the NDPA 2023. We will, where it is safe and practicable to do so, notify the affected User of any such disclosure.
6 · Platform availability and modifications
We will use reasonable endeavours to make the platform available at all times, but do not guarantee continuous, uninterrupted, or error-free access. We may suspend access for maintenance, updates, or security measures. Unplanned outages exceeding 24 consecutive hours will be compensated by an equivalent extension of active Subscriptions. Where a modification constitutes a Material Change, We will provide notice in accordance with clause 41.
Part III · Accounts and Registration
7 · Account registration
To access the Services, You must register an account by providing accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of Your account credentials and for all activity occurring under Your account. You must notify Us immediately at support@jbysy.com upon becoming aware of any unauthorised access. You may not register more than one individual account without Our prior written consent.
Part IV · Subscriptions, Fees and Payment
8 · Subscription plans and fees
Access to paid Services is available under the following plans, current at the Effective Date:
| Plan | Fee (NGN / USD) | Access and validity |
|---|---|---|
| Individual Assessment | ₦10,000 / $10 | One Individual Assessment and Report. Valid for 90 days from payment date. |
| Couple Assessment | ₦18,000 / $18 | One Couple Assessment and Couple Alignment Report for two named individuals. Valid for 90 days from payment date. |
| Counsellor Dashboard | ₦100,000 / $100 per annum | Annual Dashboard access, subject to clause 22. Renews annually as provided in clause 9.4. |
All fees are stated in Nigerian Naira (NGN) and United States Dollars (USD) and are inclusive of applicable taxes unless expressly stated otherwise. We reserve the right to revise fees. Revised fees apply to new Subscriptions and Counsellor renewals following a minimum of 30 days' written notice to existing Counsellor subscribers.
9 · Payment processing and subscription renewal
All payments are processed by Paystack, a third-party payment processor. By submitting payment, You authorise Us to charge the applicable fee via Paystack. Your use of Paystack is additionally subject to Paystack's own terms and privacy policy. We do not store card details or banking credentials. Access to a paid Service is enabled only upon confirmed receipt of payment from Paystack.
Counsellor Dashboard Subscriptions are annual. Upon expiry, the Subscription will not auto-renew without Your affirmative confirmation. We will issue a renewal notice by email at least 21 days before the expiry date. Failure to renew by the expiry date will result in suspension of Dashboard access until renewal is confirmed. Data associated with Your Dashboard will be retained for 30 days after expiry before deletion, unless You request earlier deletion. Individual and Couple Assessment fees are one-time payments and do not renew.
10 · Electronic contract formation
Your click-through acceptance of these Terms at account registration constitutes a valid and binding electronic signature for the purposes of the Evidence Act 2011 (as amended) and is enforceable as a written agreement under Nigerian law. The current version of these Terms is available on the platform at all times. We will not send a copy by email as part of account registration unless You specifically request one at support@jbysy.com.
11 · Refund and cancellation policy
Important. All fees paid to JBYSY are non-refundable once a Service has been accessed or a Report has been generated. Please read this clause in full before making payment.
All Services provided by JBYSY are digital services delivered at or immediately upon the point of payment. In accordance with applicable Nigerian law governing digital services, all fees paid are non-refundable once a Service has been accessed or initiated, to the fullest extent permitted by the Federal Competition and Consumer Protection Act 2018 (FCCPA) and any other applicable consumer protection legislation. Nothing in this clause excludes or limits any right You may have under the FCCPA or any other statute that cannot lawfully be excluded.
Dissatisfaction with the content, findings, or CRI score of a Report does not constitute grounds for a refund. Reports are structured conversation tools and not guaranteed outcomes.
The sole exception is a Verified System Failure, which requires that all of the following conditions are satisfied:
- A technical failure attributable solely to the platform prevents the User from accessing or completing an Assessment for which payment has been received; and
- The User has reported the failure to support@jbysy.com within 14 days of the payment date, providing account details, a description of the failure, and any supporting evidence; and
- The failure has not been resolved within 72 hours of the User's report; and
- The failure has been confirmed by an independent technical review conducted by a person not employed by JBYSY, appointed by Us upon the User's request where the internal review is disputed.
Where a Verified System Failure is confirmed, We will provide, at Our reasonable election, either a full refund of the fee paid for the affected Service or an equivalent access credit applicable to a future Service of the same type. Counsellor Dashboard Subscriptions are annual and non-refundable upon activation. Cancellation takes effect at the end of the current annual period with no pro-rata refund. Refunds are processed within 14 working days of confirmation via the original payment method.
Part V · Intellectual Property
12 · Ownership of intellectual property
All Intellectual Property in and relating to the platform is the exclusive property of Mind+ Facilitation Co. Nig. Ltd., including:
- The Assessment structure, question bank, and all 135 questions;
- The proprietary scoring methodology, CRI calculation engine, weighting framework, reverse-scoring logic, and Safeguarding Flag trigger logic;
- All pre-written feedback content, including all individual and couple alignment feedback blocks;
- All Report templates, formats, and presentation structures;
- The platform's design, software, source code, databases, and technical architecture;
- The JBYSY name and brand identity. The JBYSY trade mark is the subject of a trade mark application filed with the Trade Marks Registry of Nigeria. Pending registration, JBYSY asserts common law passing-off rights in the mark.
13 · Licence to users
Subject to compliance with these Terms and payment of the applicable fee, We grant You a limited, non-exclusive, non-transferable, revocable licence to access and use the platform for Your personal, non-commercial purposes; and to view and retain a copy of Your Report for personal use only. This licence does not permit You to copy, reproduce, distribute, or publicly display any part of the platform; reverse-engineer or decompile any part of the platform; commercialise any Report or platform output; or share Report data except as permitted under clause 25.
14 · User-generated content
By submitting Assessment responses, You grant Us a non-exclusive, royalty-free licence to use such content solely to provide the Services, generate Your Report, and — in anonymised and aggregated form only — improve the platform, in each case in accordance with the Privacy Policy. Any feedback, suggestions, or feature ideas You voluntarily submit may be used by JBYSY for any purpose, including improving the platform, without obligation to compensate, approve, or attribute the submission to You.
JBYSY may conduct, commission, or participate in psychometric research and validation studies. The following conditions govern all research use of User data:
- Research participation is voluntary and strictly separate from service access — You may decline or withdraw at any time without affecting Your access;
- Your separate, explicit consent will be sought before any data is used for research purposes, via a dedicated opt-in presented during account registration — research consent is not bundled with these Terms or the Assessment;
- All data used in research is anonymised and aggregated before analysis — no individual User will be identified in any output;
- You may withdraw research consent at any time by contacting privacy@jbysy.com; and
- Where research involves Sensitive Personal Data, Your explicit consent under clause 15 is required in addition to general research consent.
Part VI · Data Protection and Privacy
15 · Data Controller identity
Mind+ Facilitation Co. Nig. Ltd. (RC 1029540) is the Data Controller in respect of all Personal Data collected through the platform. We process Personal Data in accordance with the Nigeria Data Protection Act 2023 (NDPA) and Our Privacy Policy, which is incorporated into these Terms by reference. In the event of conflict between these Terms and the Privacy Policy on a data protection matter, the Privacy Policy shall prevail.
A Data Protection Officer has been designated. The DPO may be contacted at privacy@jbysy.com in respect of any data protection matter.
16 · Lawful bases for processing
We process Your Personal Data on distinct lawful bases under the NDPA depending on the category of data and the purpose of processing:
- Account registration and management — Contractual necessity.
- Delivery of Assessment and generation of Reports — Contractual necessity.
- Processing of Sensitive Personal Data (health, sexuality) — Explicit consent, obtained before the Assessment begins. Withdrawal is available at any time.
- Platform security, fraud prevention, and abuse detection — Legitimate interests.
- Platform improvement and analytics — Legitimate interests; only anonymised data is used.
- Compliance with legal obligations — Legal obligation, including under the NDPA, FCCPA, and any court or regulatory order.
Where processing is based on consent, You have the right to withdraw that consent at any time without affecting the lawfulness of processing carried out before withdrawal. Withdrawal of consent for Sensitive Personal Data processing will prevent completion of the Assessment and generation of any Report.
17 · Automated decision-making and profiling
The platform uses automated processing to generate the CRI and all Reports. The CRI is calculated by an algorithm that applies a proprietary weighting framework to Your responses without human review of individual scores before the Report is generated. You have the right to be informed that automated processing has taken place; to request an explanation of the logic and factors that produced Your CRI and Report findings by contacting privacy@jbysy.com; and to request that a human member of the JBYSY team reviews the technical accuracy of Your scoring computation where You believe it contains a material error. A human review covers technical accuracy only — it is not a reassessment of Your responses or an override of Your results based on desired outcomes. Safeguarding Flags are generated by automated logic but are reviewed and acted upon exclusively by human Counsellors.
18 · Sensitive Personal Data
The Assessment includes questions that may elicit Sensitive Personal Data — information relating to sexual expectations, sexual history, emotional health, and personal wellbeing. This data is processed under the explicit consent lawful basis. Your explicit consent is obtained through a dedicated consent screen presented before the Assessment commences. Sensitive Personal Data is subject to enhanced access controls and is never shared with third parties except as required by law or as expressly authorised by You.
19 · International data transfers
The platform is hosted on infrastructure provided by Namecheap, Inc., whose primary servers are located in the United States of America. Accordingly, Your Personal Data — including Sensitive Personal Data — may be transferred to and processed in the United States and other jurisdictions outside Nigeria. Such transfers are made in accordance with section 43 of the NDPA on the basis of Your explicit consent to the transfer, given at the point of account registration following disclosure of the receiving jurisdiction and the absence of an adequacy determination. We require all international data recipients to implement appropriate technical and organisational safeguards equivalent to the protections required under the NDPA.
20 · Data subject rights
Under the NDPA, You have the following rights in respect of Your Personal Data: right to be informed; right of access; right to rectification; right to erasure (subject to legal retention obligations); right to restrict processing; right to object; right to data portability; right to withdraw consent; and right to human review of automated decisions. To exercise any right, contact Us at privacy@jbysy.com. We will respond to all verified requests within 30 days. Complex requests may be extended by a further 30 days with notice. You have the right to lodge a complaint with the NDPC at ndpc.gov.ng.
We retain Personal Data for no longer than 3 years from the date of Your last platform activity, or such longer period as is required by applicable law. Sensitive Personal Data is retained for no longer than the period necessary to provide the Service for which it was collected, and no longer than 12 months thereafter. In the event of a Personal Data breach likely to result in a risk to Your rights and freedoms, We will notify the NDPC within 72 hours.
Part VII · Counsellor Terms and Conditions
21 · Nature of the Counsellor's data role
A Counsellor who accesses client Reports through the Dashboard exercises independent professional and pastoral judgment. Accordingly, the Counsellor is characterised as a joint Data Controller together with JBYSY in respect of client Personal Data accessed through the Dashboard. Each Counsellor is required to execute a separate Data Sharing Agreement (DSA) with JBYSY before Dashboard access is activated. These Terms do not constitute and shall not be construed as a Data Sharing Agreement.
22 · Counsellor registration and eligibility
Access to the Counsellor Dashboard is available only to persons who satisfy all of the following:
- They are qualified by ordination or recognised pastoral ministry; a professional counselling qualification; relevant academic training in psychology, social work, or a related discipline; or demonstrated experience in formal premarital preparation;
- They have submitted a complete Counsellor Application Form and received written approval from JBYSY;
- They have completed the JBYSY Counsellor Certification Programme and passed the Counsellor Knowledge Check;
- They have executed the DSA required under clause 21; and
- They have paid the annual Counsellor Dashboard Subscription fee.
JBYSY reserves the right to decline any application without stating reasons, acting reasonably. Counsellor registration is personal and non-transferable.
23 · Counsellor data obligations
In addition to obligations under the DSA, each Counsellor shall access client Reports only where the client or couple has linked the Counsellor's JBYSY ID; use Report data solely for premarital counselling; maintain strict confidentiality; not reproduce or distribute Report data beyond what is reasonably necessary for a session; notify JBYSY immediately at counsellors@jbysy.com of any unauthorised access or disclosure; and not share Report data with any third party — including other church leaders, family members, or colleagues — without the express prior consent of the relevant client or couple.
24 · Safeguarding obligations
Where a Safeguarding Flag is activated, the Counsellor assumes primary responsibility for the pastoral and protective response. The Counsellor shall pause any joint couple session; meet individually with the flagged respondent before proceeding; apply appropriate pastoral judgment in determining whether professional referral is required; and not disclose the Safeguarding Flag to the non-flagged partner without careful pastoral consideration. JBYSY does not prescribe mandatory referral pathways and shall not be liable for any act, omission, or failure by a Counsellor in response to a Safeguarding Flag.
25 · Counsellor certification and revocation
The JBYSY Certified Counsellor credential is personal and may not be assigned or transferred. Certification renews annually alongside the Dashboard Subscription and requires completion of any updated training modules. JBYSY may revoke certification and Dashboard access, acting reasonably, where the Counsellor has materially breached these Terms or the DSA; misused the platform or Report data; engaged in conduct likely to cause harm to clients or damage the platform's reputation; or misrepresented credentials during or after application. Where revocation is proposed, We will give written notice and a 10-day opportunity to respond, except where immediate revocation is necessary to prevent harm. No refund is payable upon revocation.
26 · Counsellor prohibited uses
A Counsellor must not use the platform to provide paid commercial services beyond premarital counselling without prior written consent; represent themselves as a licensed clinical psychologist, registered therapist, or diagnostic evaluator on the basis of their JBYSY certification; reproduce or distribute any part of the Assessment, scoring methodology, or feedback content; use the platform to collect data for purposes other than premarital pastoral support; or access the Dashboard from a shared, public, or unsecured device or network.
Part VIII · Couple Assessment — Joint Data Provisions
27 · Consent independence
In a Couple Assessment, each partner submits Personal Data independently. Each partner's consent is individual and separately given. The consent of one partner does not constitute or affect the consent of the other. Each partner has independent rights in respect of their own Personal Data, irrespective of the wishes or consent status of the other partner.
28 · Withdrawal of consent by one partner
Where one partner withdraws consent or requests erasure, We will delete that partner's individual responses and any individually identifiable data; withdraw that partner's access to the Couple Alignment Report; and retain the remaining partner's data subject to that partner's own consent and rights. The Couple Alignment Report will no longer be accessible to either partner following such withdrawal. No refund of the Couple Assessment fee is payable in this circumstance.
29 · Disputes arising from Couple Assessments
Where one partner disputes the accuracy of data in a Couple Alignment Report, they may exercise their right to rectification in respect of their own data only. Disputes between partners about the findings or conclusions of a Report are pastoral matters and must be addressed through a registered JBYSY Counsellor or another appropriate pastoral professional. JBYSY does not mediate disputes between partners.
Part IX · User Obligations and Prohibited Conduct
30 · General obligations
All Users warrant and undertake that they will provide accurate and honest responses throughout the Assessment; use the platform only for lawful purposes in accordance with these Terms; not attempt to circumvent, disable, or interfere with any security feature or access control; not engage in any conduct that disrupts or impairs the platform's operation; and not submit content that is unlawful, defamatory, or infringes third-party rights.
31 · Prohibited conduct
The following conduct constitutes a material breach of these Terms: sharing login credentials; misrepresenting identity, relationship status, or professional qualifications; using automated scripts, bots, or scraping tools; attempting to extract the platform's source code, data architecture, or proprietary methodology; using any Report in legal or regulatory proceedings without prior written consent; representing that a JBYSY Report constitutes a clinical, psychological, or diagnostic assessment; or deliberately manipulating Assessment responses to achieve a desired score.
Part X · Disclaimers and Limitation of Liability
32 · Disclaimers
The platform and all Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, We disclaim all warranties, whether express or implied, including any warranty that the platform will meet Your specific requirements or that Reports will reflect any particular outcome. We specifically disclaim any representation that the Assessment or any Report constitutes a clinical or psychological diagnosis; professional counselling or therapy; a guarantee of marital compatibility or incompatibility; or a substitute for pastoral counsel, professional advice, or personal discernment.
33 · Limitation of liability
To the fullest extent permitted by applicable Nigerian law, Our total aggregate liability to You arising from or in connection with these Terms, the platform, or the Services shall not exceed the total fees paid by You in the twelve months immediately preceding the event giving rise to the claim. We shall not be liable for: loss of profit, revenue, business, or opportunity; indirect, consequential, incidental, punitive, or exemplary loss; loss arising from decisions made on the basis of a Report; loss arising from the acts or omissions of any Counsellor; or loss arising from unauthorised access to Your account due to Your failure to maintain credential security.
Nothing in these Terms excludes or limits liability for: fraud or fraudulent misrepresentation; death or personal injury caused by negligence; any liability under the FCCPA 2018 or NDPA 2023 that cannot lawfully be excluded; or any regulatory fine, enforcement order, or penalty imposed by the NDPC or any other competent authority.
34 · Indemnification
You agree to indemnify and hold harmless Mind+ Facilitation Co. Nig. Ltd. and its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from Your breach of these Terms; misuse of the platform or any Report; any third-party claim arising from content You submit; or Your violation of any applicable law or regulation.
Part XI · Third-Party Services
35 · Third-party providers
The platform integrates third-party providers including Paystack (payment processing) and Namecheap (namecheap.com, hosting). Your use of such providers is subject to their respective terms and privacy policies. We are not responsible for the content, practices, or availability of any third-party service and will not be liable for loss or damage arising from third-party service failures, including Paystack payment failures.
Part XII · Termination
36 · Termination by You
You may close Your account at any time by contacting support@jbysy.com. Upon closure, access to the platform will be deactivated, data will be scheduled for deletion per clause 20, and no refund will be issued subject to clause 11.
37 · Termination by Us
We may suspend or terminate Your account, acting reasonably, where You have materially breached these Terms; provided false or fraudulent information; or engaged in conduct harmful to the platform, other Users, or third parties. Except where immediate action is necessary to prevent harm, We will give notice and a reasonable opportunity to remedy the breach. Upon termination, all licences granted to You cease immediately; clauses 12, 14, 15–20, 32, 33, 34, and 39 survive.
Part XIII · Notices
38 · Form and deemed receipt
All notices required under these Terms must be in writing in the English language. Notices from You to Us must be sent by email to the applicable address in clause 49. Notices from Us to You will be sent to the email address registered on Your account. An email notice is deemed received 24 hours after the time of sending, provided no delivery failure notification is received within that period. Notices of Material Changes sent to Counsellors will require acknowledgment of receipt; a Counsellor who does not acknowledge within 14 days will be deemed to have received the notice. For legal notices addressed to JBYSY, a copy must be sent by physical post to Mind+ Facilitation Co. Nig. Ltd., 24 Biaduo Street, off Keffi Street, off Awolowo Road, Ikoyi, Lagos, in addition to email to legal@jbysy.com. Physical notice is deemed received 5 working days after posting.
Part XIV · Dispute Resolution and Governing Law
39 · Governing law
These Terms and all matters arising from or in connection with them are governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
40 · Dispute resolution
In the event of any dispute, claim, or controversy arising from or in connection with these Terms, the platform, or the Services ("Dispute"), the parties shall first attempt resolution through good-faith negotiation. The party initiating resolution must serve a written notice setting out the nature and particulars of the Dispute and the remedy sought.
If the Dispute is not resolved within 30 days of service of the notice, the Dispute shall be referred to and finally resolved by arbitration administered by the Lagos Court of Arbitration (LCA) in accordance with its Arbitration Rules current at the date of referral. The arbitration shall be conducted as follows: seat — Lagos, Nigeria; language — English; number of arbitrators — one for Disputes below ₦10,000,000, three at or above that amount; appointment in accordance with the LCA Rules; arbitral award final, binding, and enforceable in any court of competent jurisdiction.
The parties agree that arbitration shall be confidential. Either party may seek urgent injunctive or interim relief from any court of competent jurisdiction without first complying with the negotiation or arbitration requirements. Subject to that exception, the parties submit to the non-exclusive jurisdiction of the Federal High Court of Nigeria and the Lagos State High Court.
Part XV · General Provisions
41 · Amendments
We may amend these Terms at any time. Where an amendment constitutes a Material Change, We will notify You by email at least 14 days before the amendment takes effect. For Counsellor subscribers, notice of any Material Change to the fee structure or data processing provisions requires a minimum of 30 days' notice. Your continued use of the platform after the effective date of any amendment constitutes acceptance. Non-material amendments (typographical errors, clarifications, contact updates) may be made at any time without prior notice.
42 · Force majeure
Neither party shall be in breach of these Terms nor liable for any delay or failure to perform their obligations where such delay results from events beyond their reasonable control, including acts of God; natural disasters; epidemic or pandemic; war, civil unrest, or terrorism; governmental actions or regulatory changes; failure of telecommunications or internet infrastructure; or cyberattacks by third parties acting without authorisation. The affected party must give notice as soon as reasonably practicable. If a force majeure event continues for more than 30 days, either party may terminate the affected Service on 14 days' written notice, and We will refund any fees paid for Services not yet delivered.
43 · Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court or arbitral tribunal of competent jurisdiction, that provision shall be severed and the remaining Terms shall continue in full force and effect.
44 · Waiver
A failure or delay by either party to exercise any right or remedy under these Terms shall not constitute a waiver. No waiver shall be effective unless in writing and signed by an authorised representative of the waiving party.
45 · Entire agreement
These Terms, together with the Privacy Policy, the Data Sharing Agreement (for Counsellors), and any other documents expressly incorporated by reference, constitute the entire agreement between You and JBYSY in relation to the platform and supersede all prior representations and understandings, whether oral or written.
46 · No partnership, agency, or employment
Nothing in these Terms creates any partnership, joint venture, agency, employment, franchise, or fiduciary relationship between You and JBYSY. Counsellors are independent practitioners and not employees, agents, or representatives of JBYSY.
47 · Assignment
You may not assign, transfer, or sub-licence any right or obligation under these Terms without Our prior written consent. We may assign Our rights and obligations to any affiliate, successor entity, or acquirer of the business, upon written notice.
48 · Anti-money laundering
We comply with applicable anti-money laundering (AML) and counter-terrorism financing (CTF) regulations in Nigeria. We reserve the right to request identity verification from any User where required by applicable law or where We have reasonable grounds to suspect financial irregularity.
Part XVI · How to Contact Us
49 · Contact information
| Legal entity | Mind+ Facilitation Co. Nig. Ltd. |
| Registration number | RC 1029540 |
| Registered address | 24 Biaduo Street, off Keffi Street, off Awolowo Road, Ikoyi, Lagos, Nigeria |
| General enquiries | support@jbysy.com |
| Data protection / privacy | privacy@jbysy.com |
| Data Protection Officer | privacy@jbysy.com |
| Counsellor support | counsellors@jbysy.com |
| Legal notices | legal@jbysy.com |
| Billing / payments | billing@jbysy.com |
Mind+ Facilitation Co. Nig. Ltd. · Just Before You Say Yes · Terms of Service — Version 2.0