Terms of Service

1. Acceptance of these terms

These Terms of Service ("Terms") govern your access to and use of Kayibay's website, seller portal, mobile applications, payment links, and related services (collectively, the "Service"). By creating an account, accessing the Service, or using any paid feature, you agree to these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old and able to enter into a legally binding agreement to use the Service. If you use the Service for a business, you represent that you have authority to bind that business.

2. Your account

You are responsible for providing accurate account and business information, keeping your credentials secure, and all activity under your account. Do not share your password or allow unauthorized people to access your account. Notify us promptly if you believe your account has been compromised.

Account owners are responsible for inviting staff, assigning appropriate permissions, and ensuring that staff use the Service lawfully. We may suspend or restrict access when reasonably necessary to protect the Service, users, or the public.

3. Acceptable use

You may use the Service only for lawful business purposes. You must not:

• break the law, violate another person's rights, or engage in fraud, deception, or abuse;
• upload malware or interfere with the security, availability, or operation of the Service;
• reverse engineer, copy, resell, or commercially exploit the Service except as expressly permitted;
• use Kayibay to process transactions or list products that are illegal, counterfeit, unsafe, or infringe intellectual-property rights; or
• attempt to access another user's account, data, or store without authorization.

You are responsible for your products, prices, tax obligations, customer communications, fulfillment, refunds, and compliance with laws that apply to your business.

4. Your content and data

You retain ownership of the products, listings, images, text, customer information, and other material you submit to the Service ("Your Content"). You grant Kayibay a limited, non-exclusive license to host, copy, process, display, and transmit Your Content as needed to provide, secure, and improve the Service.

You represent that you have the rights and permissions needed to submit Your Content and that it does not violate these Terms or applicable law. Our collection and use of personal information is described in our Privacy Policy.

5. Payments, plans, and fees

Some features require a paid subscription. The applicable plan, price, billing period, store limits, and included features are shown at checkout or in your account. Prices may change prospectively, and we will provide notice where required. You authorize Kayibay and its payment providers to process charges you approve.

Payment processing may be provided by third parties. Their terms and privacy policies may also apply. Kayibay does not guarantee that every payment method, provider, or payment link will always be available. You remain responsible for resolving customer disputes, refunds, chargebacks, and applicable taxes.

Unless applicable law requires otherwise, fees already paid are non-refundable. We may suspend paid features for overdue or failed payments. Contact support@kayibay.com if you believe a charge is incorrect.

6. Availability and third-party services

We work to keep the Service reliable, but it may be unavailable or limited because of maintenance, connectivity, device problems, provider outages, or events outside our reasonable control. The Service may integrate with third-party products. We are not responsible for third-party services, content, policies, or failures, and your use of them may be subject to separate terms.

7. Intellectual property

Kayibay and its logos, software, designs, documentation, and other materials are owned by Kayibay or its licensors and are protected by applicable intellectual-property laws. These Terms give you permission to use the Service; they do not transfer ownership or grant any license beyond that limited permission.

8. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms, create risk for Kayibay or others, fail to pay applicable fees, or if we discontinue a Service. Where appropriate, we will provide notice and an opportunity to address the issue. After termination, your right to use the Service ends; provisions that by their nature should survive, including ownership, payment obligations, disclaimers, and limitations of liability, will survive.

9. Disclaimers and limitation of liability

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis. We disclaim warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Kayibay does not guarantee uninterrupted operation, specific business results, or that the Service will be error-free or meet every business need.

To the maximum extent permitted by law, Kayibay will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill arising from your use of the Service. Our total liability for claims relating to the Service will not exceed the fees you paid to Kayibay for the Service during the six months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot lawfully be limited.

10. Changes to these Terms

We may update these Terms from time to time. We will post the revised Terms and update the date above. If a change materially affects your rights or obligations, we will provide additional notice where required. Your continued use of the Service after the effective date means you accept the revised Terms.

11. Governing law and contact

These Terms are governed by the laws applicable in Zimbabwe, without regard to conflict-of-law rules. Any dispute will be handled by a court with appropriate jurisdiction, unless applicable law requires another process.