Terms of service

These Terms of Service ("Terms") are a legal agreement between you and PanelHubs Limited, a company operating under the laws of the Federal Republic of Nigeria ("PanelHubs", "we", "us" or "our"). They govern your use of the PanelHubs website, owner account, console, APIs and the hosted software we provide for running social media marketing ("SMM") panels (together, the "Service").

By creating an account, creating a panel, paying an invoice or otherwise using the Service, you confirm that you have read, understood and accept these Terms, our Privacy Policy, our Acceptable Use Policy and our Refund Policy. If you do not agree, do not use the Service.

1. Definitions

• "Owner", "you" or "your" means the person or business that creates a PanelHubs account or a panel, including anyone acting on your behalf.
• "Panel" means an SMM panel website created and hosted on the Service, under a free PanelHubs address or your own domain.
• "Customer" means a person or business that registers on, buys from or uses your Panel, including resellers using your Panel's API and buyers of child panels.
• "Provider" means any third party from which your Panel buys services, including other panels connected through the Service.
• "Staff" means people you give access to your Panel's admin area or your PanelHubs account.
• "Owner Content" means everything you or your Customers upload to or create on your Panel: service names, descriptions, prices, pages, images, themes, customer records, orders and messages.

2. What PanelHubs is, and what it is not

PanelHubs is a software and hosting platform. We provide the technology that lets you run your own Panel under your own brand. We do not sell social media services to your Customers, we are not a Provider, we do not set your prices, and we are not a party to any transaction between you and your Customers or between you and your Providers.

You run your Panel as your own independent business. You alone decide which services to offer, which Providers to use, what to charge, which payment methods to accept and how to support your Customers. Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship between you and PanelHubs.

3. Eligibility and your account

• You must be at least 18 years old and able to enter into a binding contract. If you use the Service for a company, you confirm that you are authorised to accept these Terms for it.
• You must give accurate, complete and current information and keep it up to date, including your email address.
• You are responsible for keeping your passwords, sign-in codes and API keys secret, and for everything done through your account, your Panels and your Staff accounts, whether or not you authorised it. We strongly recommend turning on two-step sign-in for yourself and your Staff.
• Tell us immediately through support if you believe your account has been accessed without permission.
• We may refuse to open an account, or ask you to verify your identity or business, where we reasonably believe it is needed to prevent fraud or comply with the law.

4. Plans, invoices and payment

• Billing. Each Panel is billed monthly, in advance. There is no free trial: the first month is invoiced when the Panel is created. Your plan is set by the number of orders your Panel processes, as shown on our pricing page; if your volume moves into another plan, later invoices follow it.
• Due dates. Invoices are due by the date shown on them. If an invoice is not paid within the grace period shown in your account, the Panel may be suspended automatically until it is paid. If it stays unpaid, the Panel may then be frozen (its admin area is locked too and its background processing stops, while its data is kept) and, after that, permanently deleted together with its data. The number of days for each step is shown in the billing emails we send you, and you are warned by email before any deletion. Paying the invoice before deletion restores the Panel. Suspension, freezing and deletion do not cancel amounts already due.
• Taxes and charges. Prices do not include taxes, bank charges, currency conversion costs or payment processor fees unless stated otherwise. You are responsible for them.
• Payment processors. Invoices are paid through third-party payment processors. Their terms apply to your payment, and we do not store your full card details.
• Add-ons. Paid add-ons (such as order re-check credits and child panel plans) are charged as shown when you buy them and are not transferable.
• Price changes. We may change our prices. We will tell you at least 14 days before a new price applies to your next invoice. If you do not agree, you may stop using the Service before it applies.
• Chargebacks. If you dispute or reverse a payment that was properly due, we may suspend the related Panels and your account until the matter is resolved, and recover the amount together with any fees charged to us.
• Refunds. Fees are non-refundable except as set out in our Refund Policy.

5. Your Panel, your Customers and your Providers

You are solely responsible for your Panel and everything sold through it. In particular, you are responsible for:

• the services you list, their descriptions, prices, delivery, refills, cancellations and refunds;
• your own terms of service, privacy policy and refund policy for your Customers, and for honouring them;
• supporting your Customers and handling their complaints, disputes and chargebacks;
• choosing your Providers, funding your Provider balances and the results Providers deliver;
• the payment methods you connect, the accounts that receive your Customers' money, and your relationships with those payment providers;
• complying with all laws that apply to your business, including consumer protection, advertising, tax, anti-money-laundering and data protection laws in every country where you sell;
• complying with the terms of service of the social media platforms your services relate to, and not misleading anyone about the nature of the services you sell.

Payments made by your Customers go to the payment accounts you connect, not to PanelHubs. We do not hold, guarantee or refund your Customers' money, and we are not responsible for any amount owed between you and your Customers or Providers.

Social media platforms may change their rules, remove engagement, restrict or close accounts at any time. PanelHubs has no control over this and is not responsible for any such action or its consequences for you or your Customers.

6. Domains

• Every Panel receives a free PanelHubs address. You may connect a domain you own by pointing it to the nameservers or address we provide. You are responsible for registering, renewing and paying for your domain with your registrar.
• When your domain points to us, we may create and manage the DNS records needed to run your Panel and copy your existing records to keep your email and other services working. You remain responsible for the records you add or change.
• You must have the right to use any domain you connect. We may refuse or remove a domain that infringes someone else's rights, imitates another brand, or is used for fraud or phishing.
• Domains are first come, first served. To prevent hijacking, a domain removed from a Panel, or belonging to a deleted Panel, may be reserved for its former owner for up to 30 days.
• Requests to move a Panel to a new domain are subject to our approval.

7. Child panels, API resellers and panels connected to each other

If you sell child panels, accept resellers on your API, or connect your Panel to another Panel on the Service as a Provider or buyer, the arrangement is between you and the other party. You are responsible for your terms with them, for their use of your Panel and for any amount owed between you. Child panels and connected panels must also follow these Terms. We may suspend a child panel or a connection that breaks them.

8. Acceptable use

You must follow our Acceptable Use Policy, and make sure your Staff and Customers do too. Among other things, you must not use the Service to sell stolen, hacked or fraudulent accounts or personal data; commit fraud, money laundering or chargeback abuse; send spam or run phishing; distribute malware; infringe intellectual property; promote content that is illegal or exploits minors; or attempt to disrupt, overload, scan, reverse engineer or gain unauthorised access to the Service or other Panels.

9. Intellectual property

• Ours. The Service, including its software, design, documentation, default themes and the PanelHubs name and logo, belongs to PanelHubs and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your Panel during your subscription. You must not copy, resell, sublicense, modify, decompile or create derivative works of the Service except as the Service itself allows (for example, editing your own theme).
• Yours. You keep all rights in your Owner Content. You give PanelHubs a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, display and transmit Owner Content only as needed to provide, secure, back up and improve the Service, and to comply with the law.
• You confirm that you have all rights needed for your Owner Content, including logos, images, texts and themes you upload, and that it does not infringe anyone's rights.
• Feedback. If you send us ideas or suggestions, we may use them freely without any obligation to you.

10. Data protection

Our Privacy Policy explains how we handle personal data about you. For personal data about your Customers that your Panel collects, you are the data controller and PanelHubs acts as your data processor. We process that data only to provide the Service on your instructions (as given through your use of the Service), keep it confidential, protect it with appropriate security measures, use trusted sub-processors (such as hosting, email and network protection providers) under equivalent obligations, help you respond to data subject requests where reasonably possible, and tell you without undue delay if we become aware of a breach affecting it.

You are responsible for having a lawful basis to collect and use your Customers' data, for publishing your own privacy notice to them, and for meeting your obligations under the Nigeria Data Protection Act 2023 and any other data protection laws that apply to you.

11. Third-party services

The Service lets you connect third-party services such as Providers, payment gateways, live chat, analytics, email (SMTP), SMS, messaging and automation tools. These are provided by their own companies under their own terms. We do not control them and are not responsible for their availability, accuracy, fees, security or actions, or for losses they cause. Your use of them is at your own risk.

12. Availability, maintenance and support

• We work hard to keep the Service available, secure and backed up, but we do not promise that it will be uninterrupted, error-free or available at any particular time. The Service may be unavailable during maintenance, updates, attacks or events outside our control.
• We may change, improve, add or remove features at any time. If we remove a major feature you pay for, we will try to give you reasonable notice.
• We back up data regularly, but you are responsible for keeping your own copies of important information, such as by using the exports available in your account.
• Support is provided through tickets in your account and the contact details on our website, during reasonable working hours.

13. Suspension and termination

• By you. You may stop using the Service at any time by not paying further invoices or by asking support to close your account or Panel. Fees already paid are not refunded except under our Refund Policy.
• By us. We may suspend or terminate your account, a Panel or any part of the Service, with or without notice, if: an invoice is unpaid after the grace period; you break these Terms or the Acceptable Use Policy; we receive a credible complaint of fraud, abuse or illegal activity; it is required by law or by a competent authority; or it is needed to protect the Service, other owners, Customers or the public. Where it is reasonable and lawful to do so, we will tell you why.
• After termination. Your right to use the Service ends. You may ask for an export of your Panel data within 30 days of termination, unless the termination was for fraud or illegal activity or the law prevents it. After that, or once a Panel suspended for unpaid invoices reaches the deletion date given in our billing emails, we may permanently delete the Panel and its data, subject to the backups and records we must keep by law.
• Sections that by their nature should survive termination (including payment obligations, intellectual property, disclaimers, limitation of liability, indemnity and governing law) survive it.

14. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or uninterrupted operation.

PanelHubs does not guarantee any income, number of orders, profit or business result. Examples, calculators and articles on our website are for information only. We do not guarantee the quality, delivery, retention or legality of any service sold through any Panel, or the conduct of any Provider, payment provider or Customer.

15. Limitation of liability

To the fullest extent permitted by law:

• PanelHubs will not be liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, business, customers, goodwill, data or anticipated savings, however caused, even if we were told it was possible.
• PanelHubs will not be liable for losses caused by Providers, payment processors, social media platforms, domain registrars, internet or hosting failures, attacks, your Staff, your Customers, or anything outside our reasonable control.
• Our total liability to you for all claims arising from or relating to the Service or these Terms, in contract, tort (including negligence) or otherwise, is limited to the fees you actually paid to PanelHubs for the affected Panel in the three (3) months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for fraud or for death or personal injury caused by negligence.

16. Indemnity

You agree to defend, indemnify and hold harmless PanelHubs Limited, its directors, employees and agents from and against any claims, demands, losses, liabilities, damages, fines, costs and expenses (including reasonable legal fees) arising out of or related to: your Panel and the services sold through it; your Owner Content; your dealings with your Customers, Providers and payment providers; your Staff; your breach of these Terms or any policy referred to in them; or your violation of any law or of anyone's rights.

17. Confidentiality

Each party will keep confidential any non-public information it receives from the other that is marked as confidential or that a reasonable person would treat as confidential, and use it only for the purposes of these Terms. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

18. Force majeure

We are not responsible for any delay or failure caused by events beyond our reasonable control, including natural disasters, epidemics, war, civil unrest, government action, power or internet outages, failures of hosting or network providers, cyber-attacks and labour disputes.

19. Changes to these Terms

We may update these Terms from time to time. The date at the top shows the latest version. For important changes we will notify you by email or in your account at least 14 days before they take effect, unless the change is required sooner by law or to address security or abuse. If you keep using the Service after a change takes effect, you accept the updated Terms.

20. Governing law and disputes

These Terms and any dispute or claim arising out of or in connection with them or the Service are governed by the laws of the Federal Republic of Nigeria. Before starting any formal proceedings, both parties agree to try in good faith to resolve the dispute through our support channels for at least 30 days. If it cannot be resolved, the dispute will be submitted to the exclusive jurisdiction of the competent courts sitting in Lagos, Nigeria. Nothing prevents PanelHubs from seeking urgent injunctive relief in any court of competent jurisdiction.

21. General

• Entire agreement. These Terms, together with the policies referred to in them, are the entire agreement between you and PanelHubs about the Service and replace any earlier understanding.
• Assignment. You may not transfer your account or these Terms without our written consent. We may transfer them as part of a reorganisation, merger or sale of our business.
• Severability. If any part of these Terms is found invalid or unenforceable, the rest stays in force, and the invalid part is applied as closely as possible to its intended effect.
• No waiver. If we do not enforce a right immediately, we do not give it up.
• Notices. We may send notices to the email address on your account or show them in your account. You may send notices to us through a support ticket in your account.
• Language. These Terms are written in English. If we provide a translation, the English version prevails.

22. Contact

If you have questions about these Terms, please open a support ticket from your PanelHubs account or contact us using the details shown on our website.

PanelHubs Limited · Federal Republic of Nigeria