Terms of Service

These terms govern your use of Blyss, Kenya's digital marketplace. Please read them carefully to understand your rights and responsibilities.

Last updated: January 2024

1. Acceptance of Terms

By using Blyss, you agree to these terms of service. These terms help ensure a fair and secure marketplace for all users. If you don't agree with these terms, please don't use our platform.

2. Platform Use License

We grant you permission to use Blyss for its intended marketplace purposes. This includes buying and selling digital products according to our guidelines. What You Can Do: • Create seller or buyer accounts • List and sell your original digital products • Purchase and download digital products • Use our platform features and tools • Contact support when you need help What You Cannot Do: • Copy or redistribute our platform technology • Attempt to reverse engineer our systems • Use our content for unauthorized commercial purposes • Remove copyright notices or trademarks • Engage in activities that harm other users or our platform Important Notes: • We own all platform technology and intellectual property • Your license to use Blyss can be revoked for terms violations • We'll provide reasonable notice before account termination when possible

3. Seller Responsibilities

As a seller on Blyss, you have certain responsibilities to maintain a trustworthy marketplace. Your Obligations: • Provide accurate and honest descriptions of your digital products • Sell only original content or content you have proper licensing for • Maintain reasonable customer service and respond to buyer inquiries • Comply with all applicable laws and our platform policies • Accept our current commission structure (40% platform fee) • Deliver products that match their descriptions Content Guidelines: • Upload only high-quality, functional digital products • Ensure your products don't violate intellectual property rights • Provide clear instructions or documentation when needed • Test your products before listing to ensure they work properly Platform Rights: • We may review and approve products before they go live • We can remove products that violate our policies • We may use product information for platform marketing and improvements • We reserve the right to resolve disputes fairly between buyers and sellers Commission Structure: • Current rate is 40% (37.1% platform fee + 2.9% M-Pesa fees) • Commission changes will be communicated with reasonable notice • You keep 60% of each sale with payments processed within 24-48 hours

4. Buyer Rights and Responsibilities

As a buyer, you have rights and responsibilities that help maintain a fair marketplace. Your Rights: • Access to accurate product descriptions and previews • Secure payment processing through M-Pesa • Immediate access to purchased digital products • Customer support for purchase-related issues • Refund protection under our refund policy (2-day dispute window) Your Responsibilities: • Use purchased products only for their intended personal use • Don't redistribute, resell, or share purchased digital products • Provide accurate payment information • Report issues with purchases within our dispute timeframe • Respect intellectual property rights of sellers • Use the platform respectfully and in good faith Purchase Protection: • We facilitate secure transactions between buyers and sellers • Dispute resolution available through our support team • Refunds available for products that don't match descriptions • Technical support for download and access issues

5. Payment Terms

All transactions on Blyss are processed securely through M-Pesa integration. For Sellers: • You receive 60% of each sale after our 40% commission • Payments processed automatically within 24-48 hours • M-Pesa transaction fees (2.9%) are included in our commission • No setup fees or monthly charges • We may temporarily hold payments during dispute resolution For Buyers: • Secure payment processing through M-Pesa • Instant access to digital products after payment confirmation • All prices displayed in Kenyan Shillings (KSh) • Refunds processed through the same payment method when approved Important Notes: • Payment processing depends on M-Pesa service availability • We'll notify users of any significant changes to commission rates • Currency fluctuations may affect international transactions • Technical issues are resolved as quickly as possible

6. Content Restrictions and Platform Control

Blyss maintains absolute discretion over content acceptability with broad authority to remove, restrict, or penalize users for any content deemed inappropriate by platform standards. Prohibited Content (subject to Blyss interpretation): • Any content Blyss determines harmful to platform interests or reputation • Material that may create legal, financial, or operational risks for Blyss • Content that competes with or undermines Blyss business objectives • Information that Blyss considers misleading, inappropriate, or commercially unviable • Any content that generates user complaints or negative platform feedback Content Moderation Authority: • Blyss may remove or restrict content without notice or explanation • Content decisions are final with no appeal process available • Users bear full responsibility for all content-related legal or financial consequences • Blyss may impose penalties including account termination for content violations User Content Liability: • Users assume complete liability for all uploaded content and its consequences • Blyss not responsible for content-related legal issues or intellectual property disputes • Users must indemnify Blyss against all content-related claims or damages

7. Intellectual Property Rights and Platform Claims

By uploading content, sellers grant Blyss comprehensive, irrevocable rights while retaining limited ownership subject to platform authority and operational requirements. Seller Content Rights Grant to Blyss: • Perpetual, worldwide, royalty-free license to use, modify, and distribute all seller content • Right to create derivative works and adaptations for any business purpose • Authority to sublicense content to third parties for platform operations • Complete discretion over content presentation, pricing, and promotional strategies • Right to use seller content for marketing, training, and business development Platform Intellectual Property Protection: • All platform technology, algorithms, and business processes remain exclusively owned by Blyss • Users prohibited from reverse engineering or replicating platform functionality • Blyss may claim intellectual property rights in aggregated data and user-generated insights • Platform improvements derived from user content become Blyss property Intellectual Property Dispute Resolution: • Blyss has final authority over all intellectual property disputes on the platform • Users must indemnify Blyss against all IP-related claims and legal costs • Blyss may remove content based on unverified IP claims without user recourse

8. Refund Limitations and Platform Discretion

Refund eligibility is determined solely by Blyss with no guarantee of approval and limited user recourse for denied requests. Refund Processing Authority: • All refund decisions made at Blyss's complete discretion without appeal rights • Refund criteria subject to change without notice based on platform policies • Processing timeframes determined by operational capacity, not user urgency • Refund methods and amounts may differ from original payment terms Limited Refund Eligibility: • Technical issues must be verified by Blyss technical team with final determination authority • Product description disputes resolved based on Blyss interpretation of accuracy • Refund requests subject to verification requirements and processing fees • Seller refund policies subordinate to platform terms and may be overridden User Refund Responsibilities: • Users bear burden of proof for all refund claims with evidence standards set by Blyss • Refund abuse or excessive requests may result in account restrictions or termination • No compensation for time, effort, or consequential damages related to refund processes

9. Account Termination and Platform Protection

Blyss maintains unlimited authority to terminate, suspend, or restrict accounts for any reason deemed necessary for platform protection or business interests. Termination Authority: • Immediate account termination without notice, cause, or explanation required • Suspension or restriction of account privileges at Blyss's sole discretion • Termination may occur based on suspected violations, risk assessment, or business decisions • No appeal process or reinstatement rights for terminated accounts Grounds for Termination (non-exhaustive list): • Any activity Blyss determines harmful to platform interests or reputation • Failure to comply with any platform policies or terms as interpreted by Blyss • Generating user complaints, negative feedback, or operational difficulties • Engaging in activities that compete with or undermine platform business objectives • Any behavior that Blyss considers inappropriate, risky, or commercially unviable Termination Consequences: • Immediate loss of all account privileges, data, and stored information • Forfeiture of pending payments, earnings, or account balances • No compensation for lost access, data, or business relationships • Prohibition from creating new accounts or accessing platform services

10. Limitation of Liability

While we strive to provide reliable service, there are limitations to our liability as with any online platform. Service Limitations: • Blyss is provided "as-is" and we cannot guarantee uninterrupted service • We are not liable for indirect damages such as lost profits or business opportunities • Technical issues, while rare, may occasionally affect platform functionality • We work quickly to resolve any service interruptions or technical problems User Responsibilities: • Users are responsible for their own business decisions and outcomes • Backup important data and maintain your own records • Understand that internet-based services have inherent technical risks • Report issues promptly so we can address them quickly Liability Limits: • Our total liability is limited to the fees you've paid to us in the past 12 months • This limitation applies to the maximum extent permitted by Kenyan law • We maintain appropriate insurance and security measures to protect our platform

11. Governing Law

These terms are governed by the laws of Kenya, and any disputes will be resolved in Kenyan courts. Applicable Law: • These terms are governed by Kenyan law • Any legal disputes will be resolved in Kenyan courts • We encourage resolving issues through our support team first • Most problems can be solved through direct communication Dispute Resolution: • Contact our support team for any issues or concerns • We aim to resolve disputes fairly and quickly • Mediation available for complex disputes • Legal proceedings are a last resort for serious matters International Users: • Users from other countries agree to Kenyan jurisdiction • We respect international user rights where applicable • Language and cultural considerations accommodated when possible

12. Changes to Terms

We may update these terms from time to time to reflect changes in our services or legal requirements. How We Handle Changes: • We'll notify users of significant changes via email and platform announcements • Changes typically take effect 30 days after notification • Minor updates (like clarifications) may take effect immediately • We'll clearly explain what has changed and why Your Options: • Continue using the platform under the new terms • Contact us if you have concerns about changes • Close your account if you disagree with significant changes • We'll work with users to address reasonable concerns Version Control: • We maintain a history of terms changes • Previous versions available upon request • Clear dating of all updates • Regular legal review ensures compliance and fairness

13. Contact Information

We're here to help! If you have questions about these terms or need support, please reach out. Contact Methods: • Email: hello@blyss.co.ke • Phone: 0740 455 200 or 0773 739 080 • WhatsApp: 0740 455 200 or +254 746 403 888 • Help Center: Available on our website with FAQs and guides Response Times: • Email: Within 48 hours during business days • Phone: Business hours (9 AM - 6 PM EAT) • WhatsApp: Business hours with faster response times • Urgent issues: We prioritize payment and security concerns What We Can Help With: • Account setup and technical issues • Payment and transaction questions • Policy clarifications and guidance • Dispute resolution and mediation • General platform support and assistance

Questions About These Terms?

We're committed to transparency and want you to understand your rights and responsibilities on our platform. If you have any questions about these terms, don't hesitate to reach out.

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Now that you understand our terms, join thousands of Kenyan creators building successful businesses on Blyss.

Terms of Service | Blyss Digital Marketplace