Terms of Service

1. About these terms

These Terms of Service (the Terms) form an agreement between you and Brian Wamwea, trading as Tihada, of 456, 00232 Ruiru, Kenya (Tihada, we, us, or our). They apply when you visit, access, or use our websites, storefronts, creator dashboard, checkout, delivery pages, and related services (together, the Service).

By using the Service, creating an account, publishing a product, or completing a purchase, you agree to these Terms. If you use the Service for a business or another person, you confirm that you have authority to bind them. If you do not agree, do not use the Service.

Our Refund Policy forms part of these Terms. A Privacy Policy describing how we handle personal data will also apply when published.

2. What Tihada does

Tihada gives creators tools to publish digital products through a storefront, accept supported payments, deliver access after payment, view orders and sales, and request payouts. Buyers can browse creator storefronts, pay for products, and receive access without creating a buyer account.

We may use third-party providers for authentication, hosting, storage, communications, payment collection, M-Pesa processing, fraud prevention, and payouts. Their services may be subject to separate terms.

3. Accounts and eligibility

A creator must be at least 18 years old and legally able to enter a contract. Buyers must also have legal capacity to make the purchase or act with the permission and supervision of a parent or legal guardian.

You must provide accurate and current information. You are responsible for protecting your login credentials and for activity under your account. Tell us promptly at [email protected] if you suspect unauthorized access.

Storefront handles are assigned on a first-available basis. We may reject, reserve, rename, or remove a handle that impersonates another person, infringes rights, is misleading, or interferes with the Service.

4. Creator responsibilities

As a creator, you are responsible for:

• providing complete and accurate product descriptions, prices, and delivery details;
• delivering products that match what you advertised;
• owning or having permission to use and sell all uploaded content;
• providing reasonable buyer support and cooperating with refund or dispute reviews;
• complying with applicable consumer, advertising, intellectual property, tax, and other laws;
• keeping your identity, contact, payout, and verification information current; and
• paying taxes, levies, or reporting obligations arising from your sales and earnings.

You must not make false or unsupported claims about a product, including claims about income, health outcomes, professional qualifications, or guaranteed results.

5. Content and intellectual property

You retain ownership of content you upload. You grant Tihada a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, resize, display, transmit, and otherwise use that content only as reasonably necessary to operate, secure, promote, and improve the Service and to deliver purchases.

You confirm that your content and our permitted use of it do not infringe another person's rights. We may remove or restrict content in response to a credible rights complaint or legal request. You may report suspected infringement to [email protected].

Tihada and its licensors own the Service, branding, software, interface, and related materials, excluding creator content. These Terms do not transfer those rights to you.

6. Fees, settlement, and payouts

Tihada charges creators a platform fee equal to 7.5% of the product price for each completed sale. There is no subscription fee and Tihada does not charge a withdrawal fee. We will show applicable fees before they take effect.

Earnings ordinarily complete a 24-hour settlement period after payment is confirmed before they become available for withdrawal. Settlement or payout may be delayed where reasonably necessary to investigate fraud, payment reversals, chargebacks, buyer disputes, account verification, legal requirements, security concerns, or payment-provider issues.

Creators may request a withdrawal to an eligible M-Pesa account when their available balance reaches at least KSh 1,000. You must provide a correct payout number and any verification information we reasonably request. We are not responsible for delay or loss caused by incorrect payout details that you supplied, except where caused by our failure to use reasonable care.

We may deduct or reserve amounts reasonably connected to refunds, reversals, chargebacks, duplicate payments, fraud, amounts paid in error, or money you owe under these Terms. If your available balance is insufficient, we may recover the amount from future earnings or ask you to repay it.

7. Purchases, delivery, and refunds

Before payment, buyers should review the product description, price, delivery method, creator information, and these Terms. A purchase is complete only after the supported payment provider confirms payment.

Access is normally issued immediately after successful payment. Delivery can be delayed by payment confirmation, connectivity, provider, or security issues. Contact support if payment succeeds but access does not appear.

Because digital products can be accessed or downloaded immediately, purchases are generally final. Refunds remain available in the qualifying circumstances described in our Refund Policy and whenever required by applicable law. We may revoke access after a refund.

8. Prohibited products and conduct

You may not use Tihada to offer, promote, upload, or distribute:

• illegal goods, services, content, or instructions;
• content that infringes copyright, trademark, privacy, publicity, or other rights;
• fraudulent, deceptive, counterfeit, or materially misleading products;
• malware, stolen data, unauthorized access tools, or content intended to compromise security;
• adult sexual content or sexual exploitation;
• gambling, betting, or unlicensed lotteries;
• unlicensed or unlawfully marketed financial, investment, medical, or regulated services;
• dangerous products or instructions that create an unreasonable risk of harm; or
• content that exploits children, promotes violence, harassment, hatred, or unlawful discrimination.

You must not manipulate transactions, evade fees, interfere with the Service, scrape or reverse engineer protected parts of the Service, misuse another person's data, or use Tihada to send spam. We may publish more detailed acceptable-use rules as the Service evolves.

9. Suspension and termination

You may stop using the Service at any time. We may restrict products, suspend an account, hold a payout, or terminate access where we reasonably believe there is a breach of these Terms, unlawful activity, fraud, risk to buyers or the Service, a legal requirement, or repeated disputes or chargebacks.

Where appropriate, we will explain the action and allow you to contact support. We may act immediately where notice would increase risk or prevent us from meeting a legal or security obligation. Termination does not remove obligations relating to completed sales, refunds, disputes, fees, taxes, intellectual property, or amounts owed.

10. Service availability, disclaimers, and liability

We work to keep Tihada reliable and secure, but the Service is provided on an as available basis. We do not guarantee uninterrupted availability, error-free operation, a minimum number of sales, buyer demand, creator earnings, or a particular business result.

To the maximum extent permitted by law, Tihada is not liable for indirect, consequential, special, or punitive loss, or for lost profits, revenue, business, goodwill, or data arising from use of the Service. Nothing in these Terms excludes liability or consumer rights that cannot lawfully be excluded.

To the maximum extent permitted by law, Tihada's total liability connected with the Service will not exceed: for a creator, the greater of the platform fees paid by that creator during the 12 months before the event giving rise to the claim or KSh 10,000; and for a buyer, the amount paid for the purchase giving rise to the claim.

A creator will be responsible for loss, claims, or reasonable costs arising from the creator's products, content, unlawful conduct, infringement of another person's rights, or material breach of these Terms, except to the extent caused by Tihada's own breach or negligence.

11. Disputes and governing law

If a concern arises, contact us first so we can try to resolve it informally. These Terms and the Service are governed by the laws of Kenya. If we cannot resolve a dispute informally, it may be brought before a court of competent jurisdiction in Kenya.

Nothing in this section prevents a buyer from using a remedy available under applicable consumer-protection law or prevents either party from seeking urgent relief where necessary.

12. Changes to the Service or these terms

We may change the Service and these Terms as Tihada develops. We will make reasonable efforts to provide at least 30 days' notice before a material change takes effect. Changes needed for law, security, fraud prevention, or a third-party service may take effect sooner. The effective date at the top will show when these Terms were last updated.

Continuing to use the Service after updated Terms take effect means you accept them. If you do not accept an update, you should stop using the Service and contact us about any remaining balance or account closure.

13. General terms

If part of these Terms is held invalid or unenforceable, the remaining parts will continue to apply. A delay in enforcing a right is not a waiver of that right. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer these Terms as part of a reorganization, incorporation, financing, sale, or transfer of the Service, subject to applicable law and notice requirements.

These Terms, together with policies expressly incorporated into them, form the entire agreement about the Service and replace earlier discussions or terms on the same subject.

14. Contact

Questions, disputes, and legal notices may be sent to [email protected].

Operator: Brian Wamwea, trading as Tihada
456, 00232 Ruiru, Kenya