Terms of Service

Kaya Live is a live-commerce technology platform that enables merchants, sellers, creators, brands, distributors, and other businesses to present and sell products through livestreams and digital commerce experiences.

Kaya Live may provide:

•Livestream commerce

•Product catalogues

•Product discovery

•Shopping carts

•Customer orders

•Checkout and payment integrations

•Merchant payment integrations

•Order management

•Sales analytics

•AI-powered commerce tools

•Customer engagement tools

•Promotions and campaigns

•Notifications

•Logistics and fulfillment integrations

•Commerce reporting

Kaya Live facilitates commerce between merchants and customers. Unless expressly stated otherwise, Kaya Live is not the seller of products listed by merchants.

You must be legally capable of entering into a binding agreement to use Kaya Live.

If you use Kaya Live on behalf of a company, business, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

You are responsible for ensuring that your use of Kaya Live complies with all applicable laws and regulations.

Certain Kaya Live features require an account.

You agree to provide accurate, current, and complete information when registering.

You are responsible for:

•Maintaining the confidentiality of your credentials

•Securing your account

•Keeping account information accurate

•Activities conducted through your account

•Promptly reporting unauthorized access

You must not impersonate another person or business or create an account using false information.

Kaya may suspend or terminate accounts containing fraudulent or materially misleading information.

If you use Kaya Live as a merchant, you are responsible for:

•Products you list or sell

•Product descriptions, images, prices and availability

•Stock information

•Taxes applicable to your business

•Product warranties and product safety

•Regulatory compliance

•Order fulfillment and delivery

•Returns and refunds

•Customer service

You must not use Kaya Live to sell illegal, counterfeit, unsafe, fraudulent, prohibited, or restricted products.

Merchants must provide accurate and complete information about products.

Listings must not be false, misleading, fraudulent, infringing, counterfeit, or unlawful.

Kaya may remove or restrict listings that violate these Terms, applicable law, or Platform policies.

Merchants are responsible for setting product prices unless otherwise agreed.

Merchants must clearly communicate:

•Product prices

•Discounts

•Delivery charges

•Applicable taxes

•Additional charges

•Terms of sale

Kaya may display merchant-provided pricing through the Platform.

When a customer places an order through Kaya Live, the order information may be transmitted to the relevant merchant.

An order does not necessarily mean that the merchant has accepted the order.

Merchants are responsible for accepting, rejecting, processing, fulfilling, or cancelling orders in accordance with applicable laws and their stated policies.

Order statuses may include:

•Created

•Payment Pending

•Payment Confirmed

•Accepted

•Processing

•Fulfilled

•Closed

•Cancelled

•Refunded

Kaya Live is designed to allow merchants to maintain control of their payment arrangements.

Merchants may connect supported payment methods, which may include:

•Mobile-money services

•Bank payment services

•Card payment providers

•Payment gateways

•Other supported payment providers

Unless expressly stated otherwise, Kaya Live does not hold customer purchase funds on behalf of merchants.

Where a customer pays through a merchant-connected payment method, funds may be paid directly to the merchant or processed through an applicable licensed payment provider.

Payment processing may be subject to separate terms imposed by the relevant payment provider.

Third-party payment providers may process customer payments.

Kaya does not control third-party payment systems and is not responsible for their availability, processing decisions, outages, delays, declines, or account restrictions.

Users agree to comply with the applicable terms and policies of any payment provider they connect to Kaya Live.

Kaya Live currently operates using a performance-based commerce fee.

Current Kaya Live commerce fee: 1.50% of each successfully closed sale.

The fee is calculated based on the qualifying value of the successfully closed transaction.

Example: on a sale of KES 10,000 at a 1.5% rate, the Kaya fee is KES 150.

Kaya may collect the applicable fee through an available billing, payment-provider, or settlement mechanism.

Kaya may change its fees in the future. Material changes will be communicated through the Platform or other appropriate means.

If an order is cancelled before becoming a successfully closed sale, the Kaya Live commerce fee will generally not become payable.

If a closed transaction is subsequently refunded, Kaya may reverse the corresponding commerce fee.

For partial refunds, the fee reversal may be calculated proportionally.

Kaya may retain an audit record of original fees and subsequent adjustments.

Where Kaya fees cannot be collected automatically through an integrated payment provider, Kaya may invoice the merchant.

Merchants agree to pay valid Kaya invoices according to the stated payment terms.

Failure to pay applicable fees may result in restriction or suspension of relevant Platform features.

Products purchased through Kaya Live are generally sold by the relevant merchant.

The merchant is responsible for:

•Product quality and authenticity

•Availability and fulfillment

•Delivery

•Returns and refunds

•Warranties

•Customer service

•Compliance with applicable laws

Kaya may facilitate the transaction but does not automatically assume the merchant's obligations.

Merchants must maintain appropriate return and refund policies where required by law.

Customers should normally direct product-related complaints, returns, and refund requests to the relevant merchant.

Nothing in these Terms limits mandatory consumer rights available under applicable law.

Merchants and creators are responsible for content broadcast through Kaya Live.

Users must not use livestreams to:

•Promote illegal activities

•Defraud customers

•Sell prohibited goods

•Infringe intellectual property

•Harass or threaten others

•Distribute malware

•Publish unlawful content

•Manipulate transactions

•Conduct deceptive commerce

Kaya may moderate, restrict, suspend, or remove livestreams that violate these Terms or applicable law.

Users may upload or submit livestreams, videos, product images, product descriptions, logos, reviews, comments, messages, and promotional content.

You retain ownership of your content.

By submitting content to Kaya, you grant Kaya a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce, display, distribute, and technically modify that content as reasonably necessary to operate, improve, secure, and provide the Platform.

You represent that you have the rights necessary to grant this licence.

Kaya Live and its underlying technology, software, designs, trademarks, logos, interfaces, databases, and other proprietary materials are owned by or licensed to Kaya.

Except as expressly permitted, you may not:

•Copy the Platform

•Reverse engineer the Platform

•Reproduce Kaya software

•Extract proprietary databases

•Circumvent security mechanisms

•Use Kaya trademarks without permission

•Create unauthorized derivative systems

Kaya Live may provide AI-powered functionality including product recognition, categorization, descriptions, sales assistance, customer responses, recommendations, analytics, content generation, and commerce automation.

AI-generated information may contain errors.

Users remain responsible for reviewing AI-generated product information, prices, claims, marketing content, and customer communications.

AI functionality is not a substitute for professional legal, financial, medical, regulatory, or other professional advice.

You agree not to:

•Commit fraud or manipulate transactions

•Create fake transactions or manipulate reviews

•Abuse promotions

•Circumvent Kaya fees

•Create accounts to evade restrictions

•Interfere with Platform security or access unauthorized systems

•Scrape the Platform without authorization

•Upload malicious code

•Conduct money laundering or terrorist financing

•Sell illegal goods

•Violate applicable laws

Kaya may monitor transactions for security, fraud prevention, compliance, and Platform integrity.

Kaya may restrict, delay, cancel, or investigate transactions where there are reasonable grounds to suspect fraud, abuse, payment manipulation, identity misrepresentation, regulatory violations, or unauthorized activity.

Where legally required, Kaya may cooperate with relevant authorities or payment providers.

Kaya Live may integrate with third-party services including payment providers, social-media platforms, cloud services, logistics providers, analytics services, communications providers, and AI providers.

Third-party services may have separate terms and privacy policies.

Kaya does not guarantee the availability or performance of third-party services.

Kaya aims to provide reliable services but does not guarantee uninterrupted availability.

The Platform may be unavailable due to maintenance, upgrades, security incidents, network failures, cloud-service failures, third-party outages, regulatory requirements, or events outside Kaya's reasonable control.

Kaya may suspend or terminate accounts where:

•These Terms are violated

•Fraud or illegal activity is suspected

•Required information is not provided

•Applicable fees remain unpaid

•The account creates material risk

•Required payment relationships are terminated

•Continued access is prohibited by law

After termination, access to Kaya Live may end.

Outstanding obligations remain enforceable and valid fees accrued before termination remain payable.

Relevant transaction records may be retained as required by law or legitimate business purposes.

To the maximum extent permitted by law, Kaya Live is provided on an "as is" and "as available" basis.

Kaya does not guarantee a particular level of sales, customer engagement, revenue, product demand, payment-provider availability, delivery performance, or merchant profitability.

Kaya does not guarantee the accuracy of merchant-provided product information.

To the maximum extent permitted by applicable law, Kaya will not be liable for indirect, incidental, special, consequential, or punitive losses arising from use of the Platform.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Nothing in these Terms removes mandatory consumer protections or other rights that cannot legally be waived.

To the extent permitted by law, merchants agree to indemnify and hold Kaya harmless from claims, losses, liabilities, damages, costs, and expenses arising from:

•Products sold by the merchant

•Merchant content

•Violation of applicable law or these Terms

•Intellectual-property infringement

•Fraudulent activity

•Customer claims arising from merchant products or services

Kaya may update these Terms from time to time.

Material changes may be communicated through the Platform, email, or other appropriate means.

Continued use of Kaya Live after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

These Terms shall be governed by the laws applicable to the Kaya Live operating entity and the applicable jurisdiction.

Where Kaya Live is operated in Kenya, applicable Kenyan law shall apply to the extent permitted by law.

Kaya encourages users and merchants to resolve disputes in good faith.

Where a dispute cannot be resolved informally, it may be referred to the appropriate courts, arbitration mechanism, or other dispute-resolution process applicable under the governing law.

Nothing prevents consumers from exercising mandatory rights available under applicable law.

For questions regarding these Terms, please contact Kaya through the contact information published on the Kaya Live Platform.

Kaya Live — KAYA, Africa's Commerce Infrastructure. Website: https://kali.kayalive.com

By creating an account or using Kaya Live, you acknowledge that:

•You have read, understand and agree to comply with these Terms.

•You are responsible for your activity on Kaya Live.

•Merchants are responsible for products they sell.

•Customers generally pay merchants through their configured payment methods.

•Kaya Live currently charges a 1.50% commerce fee on successfully closed sales.