Terms and Conditions of the Lengo WhatsApp Survey Service

Article 1 : Scope of Terms and Conditions (T&C)

Accessing and/or engaging with the ‘Lengo AI’ WhatsApp Survey Service implies acceptance by the respondent of the surveys (‘you’), without restriction or reservation, of these T&C. 

By engaging with Lengo’s services, you acknowledge that you have read, understood and accepted these T&C.

The T&C govern all services provided by the company (“Lengo AI”) via the WhatsApp survey Service.

 

Article 2 : Purpose and definition of terms 

The purpose of these T&C is to define the terms of use of the ‘Lengo AI WhatsApp Surveys’ service (referred to hereinafter as the ‘Surveys’ or the ‘Product’), offered by Lengo SARL, a company incorporated under Senegalese law, registered under the RCCM number SN-DKR-2021-B-37822, referred to hereinafter as ‘Lengo’ or ‘we’.

As Lengo SARL’s holding, Invictus Tech Inc, a company governed by the laws of the State of Delaware in the United States, located at 1000 North West Street, Suite 1501, City of Wilmington, New Castle County 19801, owns the intellectual property of the Product. The company Lengo SARL, owned by Invictus Tech Inc, provides the operational service for the service, collects the data and treats it. Any mention of Lengo SARL relating to intellectual property is therefore also binding on Invictus Tech Inc. 

You expressly undertake to comply with these T&C of the service provided by the aforementioned service, as well as with any subsequent modifications that may be made in connection with the use of the service. This agreement applies to Lengo SARL and its parent company Invictus Tech Inc.

The words ‘you’ and ‘your’ refer to the respondent of the survey, who accepts these T&C. The word ‘Lengo’ refers to Lengo SARL and its parent company Invictus Tech Inc, a company registered in the State of Delaware in the United States. 

Lengo distributes surveys via WhatsApp to respondents (‘you’). The respondents receive a reward (in the form of airtime phone credit but not restricted to it) (the ‘compensation’) in exchange for responding to questions. The questions are all linked to the retail sector. Lengo sells a service to commercial clients who are buying anonymous data about the retail market.  

 

Article 3: ​Data Collection

As part of the use of the application and in accordance with the provisions of the Senegalese law 2008-12 on the protection of personal data, the respondent accepts that Lengo may store, process and use data concerning him/her. 

1. Information we collect:

We collect following types of information from you, including but not limited to:

(a) Personal Information: Such as your name and phone number, which you provide when engaging with the product, or contacting us.

(b) Your Geolocation Information if explicitly shared with us. We do not collect geolocation unless the respondent consents to it.

(c) All audio and visual information resulting from the explicit engagement with the product.

2. Legal basis:

We process your personal data based on the following legal grounds:

• To fulfill our contractual obligations (providing our services)

• To pursue our legitimate interests (e.g. service improvements, fraud prevention, verify data quality and exactness)

• When you provide consent, such as for marketing communications, geolocation tracking, or optional data collection. You can withdraw consent at any time by contacting us (see article 10).

3. Purpose of Data Collection
The information we collect is used for various purposes, including:

• To process data points sent and send compensation for the engagement

• To provide and maintain our services

• To communicate with you about your account, services

• To improve our services and enhance user experience

• To analyze usage trends and gather retail information

4. Consent
By using the service, you authorize us to use, reproduce, modify, adapt and publish  information derived from the content collected on the service only.

5. Third-Party Data Collection
We may also allow third-party services to collect data on our behalf, such as analytics or advertising partners. These parties may have their own data collection and privacy practices. The user will be informed if this is the case.

We undertake not to collect any personal information outside the use of the Survey.

You hold all the rights on your content subject to the rights given to Lengo in these T&C.

The raw data collected by Lengo will be stored for ten (10) years. Raw data represents aggregated and anonymized data.

When transferring data internationally, we ensure Standard Contractual Clauses or other appropriate safeguards. 

You may opt out of non-essential third-party data sharing by contacting us at contact@lengo.ai or via the WhatsApp Number: +221 77 099 22 21.

 

Engagement with Surveys

In order to access the service offered by Lengo, you need to explicitly engage with Lengo’s official WhatsApp number. When responding to the surveys, you are responsible for ensuring that this information is accurate and complete. Lengo withholds the right to ban a respondent at any time and at its sole discretion.  

You are responsible for activities carried out within the personal chat with Lengo’s number as well as for all activities carried out by other users to whom you have given access to this personal chat.

The chat with Lengo is intended to be used only for lawful purposes and in accordance with these T&C. You agree not to use the service in a manner that is abusive, fraudulent or contrary to applicable laws and regulations.

In order to participate in the Lengo survey service and be eligible to the incentive plan, a respondent must meet the following criteria:

• Be a retailer

• Name of the Respondent

• Geolocation

• Storefront image

• Picture of the Respondent in front of the shop

 

Article 4 : Communication

By using the Lengo service, you agree to receive notifications from Lengo on your mobile device.

This communication may include reminders, notifications regarding survey engagement or support, and marketing or promotional communications.

You may opt-out of receiving notifications from us by informing Lengo that you do not wish to receive them in the future. However, note that withdrawing consent from receiving notifications also withdraws the possibility to engage with the service. 

 

Article 5 : Incentives

By engaging with the service proposed by Lengo through the WhatsApp application, the respondent gets access to incentives in the form of airtime (i.e. phone credit) (but not restricted to it). 

The amount of the incentive is defined by Lengo at its sole discretion. A survey respondent receives airtime when responding to a survey or going through the KYC process.

The frequency and maximum amount of incentives receivable by a survey respondent is fixed by Lengo.

Lengo is not responsible for any taxes, fees, restrictions, or limitations imposed by mobile network operators or local laws on the use or redemption of rewards, and users are solely responsible for any such costs or obligations.

Lengo reserves the right to withdraw or cancel any reward (airtime phone credit or others) awarded to a user whose identity verification (KYC) (see article 3) has not been successfully validated. This verification includes, in particular, the submission of an identity document or proof of identity that meets Lengo's requirements. Any invalid image (such as a photo taken from the internet, generated by AI, or not meeting the required criteria) will automatically result in the verification being rejected.

In the event of non-compliance with these conditions, Lengo is entitled to recover in full any reward already sent to the user concerned.

 

Article 6 : Termination

The termination of the service withLengo is subject to your express request to Lengo. You can reach out to Lengo on WhatsApp to request Lengo to not engage with you further by contacting the following phone number: +221 77 099 22 21.

You can also simply stop engaging with the service if you do not wish to further communicate with it. The data will be stored anonymously in accordance with Article 7 of these T&C.

Lengo reserves the right to suspend any account that does not comply with the T&C of the Lengo service. 

 

Article 7 : Privacy

Lengo undertakes to comply with all the legal provisions applicable to the protection of personal data, in particular those relating to the Senegalese law 2008-12 of 25 January 2008, and not to share your personal or commercial data, except in accordance with the policy used by Lengo in this respect. When you use the service, it may access the microphone and camera on your mobile device in order to capture data points requested as part of the survey. The camera and microphone can only be used if you have previously activated them and given explicit consent as part of your usage of the WhatsApp application.

The information collected may be used for commercial purposes by Lengo. All information made available to Lengo customers will be anonymized so that your personal identity is preserved. 

The data collected by the service may be used for the technological development of Lengo and its holding's products. You grant us the right to use the data collected for the training of Lengo's proprietary models, including but not limited to the improvement of the survey service and databases of items displayed in the application.

As a user of the service, you have the following rights:

• Right to access: You may request a copy of your personal data

• Right to rectification: You may correct inaccurate or incomplete information

• Right to erasure: You may request the deletion of your personal data

• Right to data portability: You may request your data in a structured, machine-readable format

• Right to withdraw consent: Where processing is based on consent (e.g. location tracking), you may withdraw it at any time

 

Article 8 : Intellectual Property

1. Ownership
All content, trademarks, logos, and intellectual property rights related to Lengo AI, including but not limited to text, graphics, software, and designs, are the exclusive property of Invictus Tech Inc. These materials are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our prior written consent.

2. Content
By submitting or posting any content through the survey product (including feedback, suggestions, or user-generated content), you grant Lengo a worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute such content in any media. You represent and warrant that you have the necessary rights to grant this license.

 

Article 9 : Limitation of liability

Lengo does not guarantee the continuity or quality of the service. In this sense, access to the service by you may be interrupted without notice for a reasonable period of time, in particular for maintenance reasons or for any reason beyond the company's control. 

Lengo cannot be held responsible for failures or malfunctions relating to the use of the service. 

Lengo cannot be held responsible for any damage, loss or prejudice arising from the use of the service. 

 

Article 10 : Security

Lengo has implemented technical and organizational measures to protect its respondent’s personal information against accidental destruction, loss, alteration and against unauthorized access, use, alteration or disclosure. However, Lengo cannot guarantee that unauthorized third parties will never be able to defeat these measures or use respondent’s personal information for improper purposes. Personal information is provided at the user's own risk.

 

​Article 11 : Modification and termination

Lengo reserves the right to modify, suspend or terminate the service, in whole or in part, at any time and without prior notice. 

Lengo may also modify these T&C at any time. The updated T&C will be effective upon publication but will not have retroactive effect. You are responsible for regularly reviewing the T&C in order to be informed of any changes. The T&C can be reviewed at any time on the Lengo website (https://lengo.ai/) and upon request through the chat within the Lengo survey service.

 

Article 12 : Nullity

The invalidity or inapplicability of any of the clauses of the present T&C will not invalidate the other stipulations, which will retain their full scope.

Lengo reserves the right to replace the invalidated clause(s) by updating these T&C.

 

​Article 13 : Dispute Resolution

1. Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these T&C, the parties agree to first attempt to resolve the dispute informally by contacting each other directly. The parties agree to reach an amicable settlement within one (1) month from the date of notification of the dispute by one party to the other.

 

2. Mediation
If the dispute cannot be resolved informally within (1) month, the parties agree to engage in mediation in good faith before resorting to any legal action. The mediation will take place in a location decided upon by Lengo, and the parties will share the costs equally.

 

3. Arbitration
If the dispute remains unresolved after mediation, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in a location decided upon by Lengo, and the arbitrator's decision will be final and binding on both parties.

 

4. Waiver of Class Action
The parties agree that any arbitration will be conducted on an individual basis and not as a class, collective, or representative action. You agree that you will not participate in any class action, class arbitration, or representative action.

 

5. Governing Law
These T&C are exclusively governed, interpreted and applied in accordance with US law. This clause shall be governed by the laws of Delaware, without regard to its conflict of law principles.

6. Exceptions
Notwithstanding the above, either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.