We are JKF Media LLC ("Company," "we," "us," "our"), a company registered in Pennsylvania, United Statesat 7300 Lindbergh Blvd #5302, Philadelphia, PA 19153.
We operate the website https://theblackpeoplesguide.com (the "Site"), the mobile application The Black People's Guide (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at (+1)2672250806, email at bpg@jkfmedia.com, or by mail to 7300 Lindbergh Blvd #5302, Philadelphia, PA 19153, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and JKF Media LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by bpg@jkfmedia.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: bpg@jkfmedia.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;(3) you have the legal capacity and you agree to comply with these Legal Terms;(4) you are not under the age of 13;(5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.
6. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
10. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:https://theblackpeoplesguide.com/privacy-policies. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
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Oui Capital achieved this feat largely through a $150,000 investment in Moniepoint in 2019. When the Nigerian fintech crossed a $1 billion valuation five years later, Oui Capital’s stake was worth roughly $8 million, generating a 53x return on a single investment and one of the most-cited outcomes in African venture capital.
It is the kind of result that can define a firm. But according to Olu Oyinsan, Oui Capital’s general partner, it is not the reason the first fund worked.
Even without Moniepoint, Fund I would have returned twice the fund’s size, according to Oyinsan. With Moniepoint included, the fund returns stand at 4x. That distinction matters because a large exit can sometimes obscure an otherwise average portfolio.
The first fund also had a second exit from AMOpportunities, a US healthcare company acquired by a private equity group. Oui Capital led pre-seed rounds in Duplo, Bento, MarketForce in Kenya, and Akiba Digital in South Africa. Those companies remain in the portfolio and are still performing well, Oyinsan told TechCabal.
Founded in 2018 by Oyinsan and Francesco Andreoli, Oui Capital backs pre-seed and seed-stage technology companies across Africa, primarily in digital commerce, enterprise software, fintech, and human capital.
The founders studied the market before developing the firm’s investment thesis and looking for companies to fit it. With Moniepoint, they bet that offline payments were being held back by high transaction-failure rates and that the company’s founders had the operational experience to solve the problem.
Fund II, which the firm began deploying in 2022, is a deliberate fix for what Fund I could not do. Cheques now go up to $750,000, averaging around $400,000 to $500,000, and can reach $1 million across two rounds. Ownership targets have moved from 2% to 3% up to 5% to 10%.
The portfolio is getting smaller, too. Fund I held about 20 companies, while Fund II is expected to close with 10 or 11. That decision followed the firm’s own post-mortem, which found that five of the six companies it wrote off early were its smallest investments: deals made with lower conviction to keep an option open.
In this conversation, Oyinsan explains why he believes no African seed fund should be larger than $50 million, the deal he still regrets passing on, how returning a fund changes the conversation with investors, and why he believes African venture capital is facing an existential crisis that the industry must address before investors stop coming back.
This interview has been edited for length and clarity.
What type of companies are you turning down now that you would have funded when you started?
SaaS companies that AI prompts can build.
Why was Oui Capital able to identify companies like Moniepoint before most of the market?
I feel like we approached this very differently. Francesco and I are basically entrepreneurs. We are hustlers. We did not approach building a fund the way most people do, which is a financial institution. We approached it as getting money to back entrepreneurs. We actually studied the market before we built a thesis on what we thought the market needed.
For example, we had a hunch that the major problem for payments at the time was transaction failure rates. That was a huge hunch, and when we met the company, it aligned with the same hunch they had. What was added to it was that they also had the experience to take a decent stab at fixing it.
I will not tell you that we knew exactly how it was going to turn out, but we knew that if it went well, it would turn out this way. The most important thing is understanding the market for yourself as an investor, as a player in the market, and then figuring out who you think might be able to solve those problems. If you solve those problems, you become a successful company. That is how we went about it. And it was not just Moniepoint; we went about it the same way in several industries and sectors, figuring out what we thought would be a successful business.
In Fund I you wrote $150,000 cheques. In Fund II you go up to $750,000 or higher. Can the same approach still work at that size?
The short answer is yes. By the way, in Fund I, $150,000 was our highest cheque — there was a range, and that was the top of it. In Fund II, we can go up to $750,000, but our average cheque is around $400,000 to $500,000. We can go up to $750,000, or even $1 million, over two funding rounds.
It is yes and no on the approach because it is not cookie-cutter. It is not an accelerator where you just decide the cheques you are writing. What we found is that in Fund I we were constrained by fund size. Even then, we would have loved to write $500,000 cheques; the fund size limited which companies we could go into and where we could play.
Fund II was fixing what we wished we could do in Fund I. If I had a bigger fund in Fund I, I would not have written $150,000 into Moniepoint; it would have been bigger. That is why we wrote the maximum we could, which shows you how much conviction we had. We maxed it out. There were other companies we wrote $25,000 and $50,000 cheques to. Moniepoint and maybe three other companies were the ones we wrote the full $150,000 into.
What really changed is that we wanted to fix what we could not do the first time. We wanted to lead pre-seed rounds and participate meaningfully in seed rounds. We wanted to shrink the size of our portfolio, because when you write bigger cheques, you generally have fewer companies. We wanted to be able to set the terms of rounds. Most importantly, we wanted higher ownership stakes.
In Fund I we usually took between 1% and 5%, averaging around 2% to 3%. In Fund II we wanted to go up to 5% to 10% so that after rounds of dilution we still had meaningful ownership. It is a lot of maths. We modelled it out, and that is where we landed on cheque sizes. You cannot look at cheque size in isolation, because if you write a $750,000 cheque into a company valued at $15 million, you end up with less ownership than a $100,000 cheque into a company valued at $4 million. Fund II was a refined version of what we were meant to achieve in Fund I.
If you take Moniepoint out of Fund I, did you still return the fund?
First of all, Moniepoint is not the only exit we have had in Fund I. There is also AMOpportunities, a US healthcare company that was acquired, which gave us distributions. It is less prominent in African media because it is a totally US play. We did have a small portion of the portfolio used for global plays, even though most of it was Africa. We had one exit from the US market and one from the African market.
That Fund I portfolio is a 4x portfolio as I speak to you. Without Moniepoint, it would probably be a 2x portfolio, which is still pretty good. Remember, in that fund we also had the US exit already realised. We led the pre-seed in Duplo, Bento, MarketForce, and Akiba Digital, the leading credit scoring platform in South Africa. They are all in that fund. Moniepoint’s story is great, but if you took Moniepoint out, we would still have a returned fund.
On Fund II, how many companies have you invested in, and how has the pace been?
In Fund I we did about 20 companies, and when we built the strategy for Fund II we decided to go lower and be more selective. We realised there were companies we should not have invested in. It stretched us in terms of managing the portfolio, and we learned from that.
Here is an interesting finding: when we did a post-mortem on our first fund, about five of the six companies we had to write off early were our smallest cheques—the $25,000 and $40,000 cheques. We decided as a team that we were not going to do those low-conviction deals anymore. That automatically meant we expected the portfolio to shrink to about 10 to 15 companies. We are not a spray-and-pray fund. We are not a big-portfolio fund. We are very selective, and we lean into the companies we have conviction about.
We now have about seven companies in that fund. I think we will wrap up around 10 or 11. It is coming to the tail end of the investment period.
You mentioned companies you should not have invested in. Can you expand on what type they were beyond the low-conviction cheque size?
Investing is a conviction-driven game. We realised that some of our worst-performing companies were ones we did not have strong conviction on in the investment committee, but we did anyway for optionality, and they ended up exactly as we thought they might.
What you also find out as a young fund manager is that money is not your scarcest resource. Time is. Struggling companies take more of your time than companies doing well. It is counterproductive to your fund returns because you spend most of your time on the companies that will give you the least return, just because you do not want them to die. It is almost like tending to a sick baby, and you abandon the healthy baby to care for the sick one.
Investing is a power-law activity, meaning you have to double down on winners. Going forward, we decided that those low-conviction deals with smaller cheques were something we would simply stop doing. That is why we moved naturally to a smaller portfolio and why you will not hear us announcing a deal every other day. We are very selective, and we go into deals we feel strong conviction for.
Which companies do you wish you had invested in?
I used to have a list of companies I thought I would regret missing. There were three on it.
The first was Gokada, when it was initially led by Fahim, bless his memory. That was around my time at Ingressive, maybe 2018 or 2019.
The second was Basepaws, a US company doing DNA testing for animals, especially cats. It was led by an amazing female founder who pitched us in Boston.
The third was Yellow Card, which my co-founder Francesco was interested in. I discouraged him from pursuing the deal. In hindsight, I think it would have been a great deal for us. I thought it was overpriced at the time, and this was when there were so many crypto companies popping up, so it was hard to decipher the moats. He still reminds me about it. In hindsight, Yellow Card is probably the only company left on that list, and I keep wishing them the best.
The rest of the companies I wish I had invested in, we never saw them. There was no missed opportunity, so it was not that we had the chance and did not take it.
Following the return of Fund I, has it changed the type of LPs you are meeting?
The short answer is yes, but the long answer is not really.
If you look at venture capital data, there is very low correlation between fund performance and AUM growth. It is not necessarily the funds performing well that are raising more capital. That is true globally, and there are probably two reasons for it.
One: fundraising as a skill is different from fund management or from being a great or profitable investor. Being a great fundraiser and having the energy to fundraise are separate skills, and a lot of firms do not have both equally.
Two: funds that are performing well have a lower need to raise a lot of money. In fact, there is an incentive to raise less if you are a great performer because you keep more of the gains. Think about a $5 million fund manager who does 4x — they create $16 million. A GP who has created $16 million in wealth is more likely to raise another $4 million and keep doing that because they have found a profitable sweet spot. But a GP who has raised $4 million and has no carry has a greater incentive to raise more because it is existential. They need management fees or the business dies.
I say yes because profitable fund managers have easier audiences with LPs. Forget what is happening in Africa, which I call ‘venture philanthropy’—it is turning into an NGO business at this point, because a lot of funds are not doing well. But in the real sense, investors are looking for returns, and you are more likely to take a meeting with a fund that is delivering them.
It has changed the conversation, but not because of the Moniepoint exit alone. An exit alone cannot make a fund profitable. It is how much is returned to LPs. You can have an exit that does not make your fund profitable. It is the raw fund performance data, like the internal rate of return (IRR) and distribution to paid-in capital (DPI), that are the gold standards.
If you have those, it changes the conversation with LPs and puts you in a better position to negotiate terms. All our exits, and all the companies we have not exited, are performing well. Fund performance is what changes it. Some LPs do not care which company the exit came from—they just want to know a manager can deploy successfully and generate above-market returns.
Would you say you have more leverage now that you have returned the fund?
Absolutely, because it has been proven that our product is good. It also puts less pressure on you to raise bigger funds. I have a dream that at some point maybe half or the majority of the money we invest at Oui Capital is just partners’ money. It gives you a lot more flexibility, and because fundraising is distracting, it lets you cut that out of your activities.
It is like anything else. An employee with a great track record who you are trying to poach has greater leverage to negotiate salary or to work from home. Investors want profits. Funds that have shown they can be consistently profitable have greater negotiating leverage.
Where does Fund III stand?
We are still investing Fund II. We started in 2022 and have a four to five-year investment period, so we are still actively deploying.
There will be a third fund. I cannot confirm the size or the strategy. It will still be majority Africa, but there might be a global play in it. Right now we are focused on creating the same results in Fund II that we did in Fund I. That is more important than going out to raise another fund. But for sure there will be a third fund, and several after that. This is going to be a multi-fund manager. They might not follow the nomenclature of Fund III or Fund IV, but we will manage money, put it to work, and create great returns for investors.
How have your assumptions about African tech changed since you started investing?
Africa is not a place for big funds. We are not there yet, especially for seed-stage funds. I personally do not think a seed-stage fund in Africa should be more than $50 million, maximum $100 million—if you want to make good returns. If you do not want good returns, or you want a big management fee, that is a different case.
I also do not think African deal flow is in a place for a large number of portfolio companies. Africa is tough to do business in, and as a value-adding VC, you need bandwidth to support companies. A smaller portfolio will create a more profitable fund.
Third, we cannot innovate our way out of underdevelopment. Infrastructural development creates more opportunities for startups to build on. As a VC or a founder, we need to root for and support the government, and hope the country develops infrastructurally, so we have more verticals to play in. You cannot innovate your way out of core underdevelopment.
Another myth is that markets are as big as we think. Nigeria is not a 200 million-person market. You have to cut out totally illiterate people, people with no access to financial inclusion or bank accounts, people with no internet access, and people with no purchasing power. By the time you cut those four groups out, the market is much smaller than you assumed.
Those are the four assumptions I came in with that have changed over the years.
What do you think about the current VC landscape and what the future holds?
I think we are in an existential crisis. We need to start making venture capital profitable, or the industry might not exist much longer. We need to double down, invest in the best entrepreneurs, and support them. We need to make it profitable for investors, or they are not going to keep coming back.
We report on companies using metrics that are non-financial—for example, how many people were helped. Venture is not philanthropy, even though impact investing exists. We do not want venture capital to look like philanthropy. We do not want VC firms to start looking like NGOs, because it dampens everything. I go around the world raising money, and we need to get it together as an ecosystem, support our entrepreneurs, and create great returns for investors so we can continue to be backed at both the company and fund level.
This will also deepen local participation. Africans are very return-oriented. If we can show returns, we will deepen local participation in investing in startups and in funds. We need to fix it.
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