Terms of Service

Binding Agreement & Scope of Services

These Terms of Service ("Terms") constitute a legally enforceable contract between you ("Customer", "User", "You", or "Tenant") and Cyber Ultimax Limited ("Cyber Ultimax", "Company", "we", "us"), governing your access to and utilization of the Spike Console web applications, workspace portals, APIs, developer SDKs, customer-facing storefronts, and auxiliary platforms (collectively, the "Services").

If you access or use the Services on behalf of a legal entity, business, non-profit, or government organization, you warrant and represent that you possess express corporate authority to legally bind that entity to these Terms. In that event, "you" and "your" refer collectively to both the corporate entity and you in your personal capacity as an authorized operator.

The Spike Console Autonomous Business OS

Spike Console is an end-to-end Autonomous Business Operating System. The platform provides businesses with unified, multi-tenant workspace environments with Row-Level Security (RLS) database isolation, granular permission scoping, and modular tools spanning:

• Customer Relationship Management (CRM): Leads, pipeline stages, customer profiles, activities, won deals, and revenue attribution.
• People & Human Resources: Employee profiles, employment agreements, leave management, statutory payroll calculations, automated salary disbursements, and pension/tax remittances in compliance with the Pension Reform Act 2014 and state Internal Revenue Services.
• Finance & Immutable Ledgers: Double-entry balanced general ledger, multi-currency accounts (NGN, USD, GBP, EUR), accounts payable/receivable, automated invoicing, automated bank feed reconciliations, and VAT calculations under the Value Added Tax Act.
• Commerce & Storefronts: Multi-currency product catalogs, inventory management, dynamic quotations, order fulfillment pipelines, and customizable public storefronts hosted on *.spikeconsole.app subdomains or authenticated Custom Domains.
• Projects & Operational Workspaces: Milestone tracking, resource budgeting, team task assignments, and time logs.
• Autonomous AI Advisor & Rule Engine: Algorithmic business diagnostics, automated SWOT matrix synthesis, automated trigger-action workflows, and strategic summaries powered by enterprise generative AI inference.
• Developer Platform & API: Programmatic REST and GraphQL endpoints, webhook dispatchers, and scoped API key infrastructure.
• The Studio & Partner Marketplace: Access to venture incubation, brand design, and verified independent professional service partners.

Multi-Tenant Workspaces, Roles & Permission Scoping

Spike Console organizes business data into discrete, isolated Workspaces. Each Workspace is governed by an account hierarchy:

• Workspace Owners: Have full administrative authority over the workspace, including billing management, subscription upgrades, module activation, data export, member deletion, and workspace dissolution.
• Managers: Possess operational oversight within the workspace, subject to role boundaries and explicit module permission assignments configured by the Owner.
• Staff & Module Scoping (AssignedModules): Staff members have access strictly limited to their assigned functional modules (e.g. CRM, Commerce, or HR). When a Staff member has explicitly configured module assignments, access to non-assigned modules is strictly denied at both the UI and GraphQL/REST API enforcement layers.
• Credentials & MFA: You are strictly responsible for maintaining credential secrecy. Multi-factor authentication (MFA) must be maintained in accordance with organizational policies. Any action initiated under your authenticated session is legally attributed to you.

Autonomous AI Advisor, Agent Execution & Disclaimers

Spike Console incorporates autonomous workflow triggers, event-driven task execution, and generative AI features ("Advisor"). The following conditions govern all autonomous and AI-assisted capabilities:

• Delegated Authority & Kill Switches: Automated triggers (such as auto-invoicing won deals or auto-generating proposals) operate pursuant to tenant-defined rule configurations. Every autonomous agent pipeline incorporates emergency kill-switches and rate limiters. Workspace Owners retain the duty to monitor automated actions.
• No Professional Financial, Legal, or Tax Advice: AI Advisor diagnostic scores, SWOT calculations, automated viability ratings, financial forecasting simulations, and payroll tax calculations are computational guidance tools. They DO NOT constitute certified legal, chartered accountancy, financial, tax, or investment advice. You must independently verify statutory returns with qualified professionals before filing with revenue authorities.
• Human-in-the-Loop Safeguard: Where high-value financial transactions, irreversible record deletions, or statutory filings are concerned, Spike Console enforces human-in-the-loop authorization gates.

Custom Domains (BYOD), Storefronts & DNS Verification

Businesses may configure public storefronts or customer portals via Bring-Your-Own-Domain ("BYOD") custom domains. Verification requires placing designated DNS CNAME records pointing to our Edge routing cluster and matching TXT challenge tokens. You represent and warrant that you own or have full legal rights to configure DNS for any domain name linked to your workspace. We reserve the right to revoke or disassociate any custom domain that infringes trademarks, violates our Acceptable Use Policy, or facilitates deceptive impersonation.

Upfront Billing, Discontinuation of Free Trials & 30-Day Money-Back Guarantee (Return Policy)

Spike Console operates on a transparent, predictable upfront billing model designed to maintain dedicated infrastructure, single-tenant data isolation, and enterprise-grade reliability. The following terms govern registration billing, fee deductions, and our 30-Day Money-Back Guarantee:

• Immediate Upfront Debit & Discontinuation of Free Trials: There are NO free trials on Spike Console. All plans (Starter at $25/mo or ₦35,000/mo, Growth at $50/mo or ₦70,000/mo, or annual equivalents) are debited upfront immediately upon user onboarding and workspace registration. Free trials have been discontinued to eliminate fraudulent account cycling and ensure all tenants receive dedicated, production-grade cloud resources.
• 30-Day Money-Back Guarantee Window: Every newly registered business workspace is protected by a thirty (30) calendar day risk-free money-back guarantee commencing from the exact timestamp of the initial upfront registration debit. If you are not satisfied with the platform capabilities, you are entitled to request a refund of your initial subscription fee pursuant to the review tiers below.
• Accelerated Processing within First 14 Days (3-Day Turnaround): If you lodge your refund request within the first fourteen (14) calendar days following registration, your refund will be fast-tracked and processed within three (3) business days back to your original payment method (Paystack, Flutterwave, or card).
• Evaluation Review Window (Days 15 through 30): If your refund request is submitted between day 15 and day 30 from initial registration, it is subject to our standard review period of up to seven (7) business days:
  • • Unused Workspaces: If the account has not been actively utilized during the initial period, the refund will be approved and remitted upon basic verification.
  • • Active Operational Usage: If the workspace has engaged in live operations (such as processing commerce transactions, running payroll batches, issuing formal tax invoices, or logging extensive general ledger movements), our compliance desk conducts a 7-day fair-use review to investigate customer dissatisfaction, verify bona fide evaluation intent, and complete the settlement.
• Strict Expiration & Void After 30 Days: The 30-day money-back guarantee strictly expires and becomes null and void after thirty (30) calendar days from the initial payment date. Any refund request, cancellation notice, or chargeback filed after day 30 will be denied, and your account will continue on the standard recurring monthly schedule until cancelled from billing settings.
• Anti-Abuse, Identity Verification & Single-Entity Limit: To prevent duplicate account churning and systemic abuse, the 30-day money-back guarantee is strictly limited to one (1) redemption per legal business entity, individual subscriber, Bank Verification Number (BVN), tax identification number, phone number, and payment card. Subscribers must ensure they do not operate or create duplicate accounts. Any subscriber detected churning throwaway email addresses, creating shadow entities, or re-registering previously refunded businesses will have their accounts immediately terminated, their refund claims forfeited, and their identity credentials permanently barred from the platform.
• How to Claim a Refund: To initiate a guarantee claim, the Workspace Owner must contact our billing desk before the expiration of the 30-day window via email at billing@spikeconsole.com or via the verified WhatsApp Support Desk (+234 903 354 2777), specifying the workspace URL slug, registered email address, transaction reference, and reason for return.
• Licensed Payment Gateways & Statutory Taxes: Card debits and bank settlements are securely executed via licensed processors (Paystack, Flutterwave, and Stripe). Prices exclude statutory VAT (7.5% in Nigeria), which is assessed and remitted in compliance with FIRS requirements.
• Delinquency & Suspension: If automated recurring renewals fail after the initial month, a 7-day grace period is provided. Uncured delinquency leads to temporary workspace lockout.

Partner Program Marketplace & Independent Contractors

The Spike Console Partner Program connects businesses with independent professional service providers (e.g., fractional CFOs, legal compliance advisors, software developers).

Partners are independent commercial entities and contractors, NOT employees, agents, or legal partners of Cyber Ultimax Limited. When you contract with a partner through the marketplace, the substantive engagement is strictly between you and the partner. Cyber Ultimax provides the escrow routing, milestone milestone release triggers, and communications tooling. Cyber Ultimax is not liable for partner errors, omissions, missed milestones, or negligent performance.

Intellectual Property & Cross-Product Ecosystem License

8.1. Platform Ownership: Cyber Ultimax Limited retains all right, title, and interest in and to the Spike Console platform, including all algorithms, source code, database architectures, user interfaces, branding, trademarks, documentation, and system telemetry.

8.2. Customer Data Ownership: As between you and Cyber Ultimax, you retain exclusive ownership of all proprietary business data, customer CRM records, employee personnel files, and financial transaction records uploaded or generated in your private workspace.

8.3. Ecosystem & NattyPad Synergy License: Where you participate in public community feeds, teardowns, benchmark pools, or public NattyPad features connected to Spike Console, you grant Cyber Ultimax Limited a worldwide, royalty-free, perpetual license to use, display, distribute, and perform aggregated, de-identified machine learning analyses to benchmark industry trends, refine system heuristics, and power cross-product features across the Cyber Ultimax technology family. We never sell raw identifiable tenant operational data to third parties.

Limitation of Liability & Indemnification

To the maximum extent permitted by applicable Nigerian law and international statutes:

• In no event shall Cyber Ultimax Limited, its directors, officers, employees, affiliates, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of business profits, goodwill, anticipated savings, data loss, or system interruption.
• The aggregate cumulative liability of Cyber Ultimax Limited arising out of or related to these Terms or the Services, under any legal theory (contract, tort, negligence, or strict liability), shall be strictly capped at the total amount paid by you to Cyber Ultimax for access to the Services in the twelve (12) months immediately preceding the event giving rise to liability.

Indemnification: You agree to defend, indemnify, and hold harmless Cyber Ultimax Limited, its subsidiaries, affiliates, officers, and employees against any third-party claims, liabilities, damages, and legal expenses arising from your violation of these Terms, your unauthorized use of employee or customer data in violation of the NDPA 2023 or GDPR, or any unlawful business operations conducted through your workspace.

Termination, Data Export & Offboarding

Either party may terminate the service relationship at any time. Workspace Owners may initiate cancellation directly from the billing settings. Upon termination:

• 30-Day Data Export Window: You are entitled to a thirty (30) day grace period following account closure to export all customer contacts, general ledger books, employee records, and invoices in standard open formats (CSV, JSON, PDF).
• Permanent Purge: Following the 30-day export window, your workspace operational database records are scheduled for cryptographic erasure from primary storage, subject to statutory tax and financial ledger retention obligations under Nigerian accounting rules.

Governing Law & Dispute Resolution Framework

These Terms, their interpretation, and any dispute or claim arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of the Federal Republic of Nigeria.