Terms of Service

Effective Date: 11 – December – 2024
Last Updated: 19 – February – 2025

Welcome to Kupya Upcycle! By using our platform, you agree to the following terms and conditions.

1. Acceptance of Terms

By accessing or using the Kupya platform (the “Site” or “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use our Services.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Kupya (“we,” “us,” or “our”).

2. Definitions

• “Platform” refers to the Kupya website and related applications.
• “Creator” refers to a user who registers to offer content creation services.
• “Client” refers to a business or individual who registers to purchase services or content.
• “Project” refers to a specific job, gig, or content order agreed upon between a Client and a Creator.

3. Account Registration

To use certain features of the Platform, you must register for an account. You agree to:

• Provide accurate, current, and complete information.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Notify us immediately if you discover any security breaches.

You must be at least 18 years old to use this Service.

4. Relationship of Parties

Kupya is a marketplace that connects Clients with Creators. We are not a party to the direct contract between a Client and a Creator, nor are we an employer of the Creators.

• Creators are independent contractors, not employees of Kupya.
• Clients are solely responsible for evaluating the suitability of a Creator for their needs.

5. Fees and Payments

This section outlines how money is handled on the Platform.

5.1. Commission and Service Fees

Kupya charges a platform fee to sustain our operations, support, and payment processing.

• The 20% Commission: We charge a standard commission of 20% on the gross value of every approved Project or sale made through the Platform.
• Calculation: This amount is calculated based on the total price agreed upon by the Client.
  • Example: If a project is valued at KES 10,000, Kupya retains KES 2,000, and the Creator receives KES 8,000.

5.2. Payments to Creators

• Funds are held in escrow/trust by Kupya until the Client approves the completed work.
• Once work is approved, the net amount (Total minus the 20% Commission) will be released to the Creator’s wallet.
• Payouts are processed via [Insert Method, e.g., M-Pesa, Bank Transfer] and may be subject to transaction fees imposed by the payment processor.

5.3. Client Payments

Clients must deposit the full project amount upfront before work begins. Payments are processed securely via [e.g., Pesapal/Stripe].

6. Content and Intellectual Property

6.1. Ownership of Work

Unless otherwise agreed in writing between the Client and Creator:

• Upon Full Payment: The Client is granted all intellectual property rights (Copyright) to the delivered content.
• Creator Rights: The Creator retains the right to display the work in their personal portfolio for self-promotion purposes, unless a Non-Disclosure Agreement (NDA) states otherwise.

6.2. Platform Rights

By using Kupya, you grant us a non-exclusive license to use your profile, portfolio, and public project reviews for marketing and promotional purposes to grow the platform.

7. Prohibited Activities

You agree not to:

• Circumvent the Kupya payment system (e.g., offering to pay or be paid outside the platform to avoid the 20% fee). Violation of this results in immediate permanent ban.
• Post false, misleading, or defamatory content.
• Use the Service for any illegal purpose.

8. Limitation of Liability

To the fullest extent permitted by law, Kupya shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of your use of the Service or any interaction with other Users.

We do not guarantee the quality, safety, or legality of the services advertised by Creators or the ability of Clients to pay.

9. Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts located in Nairobi.

11. Contact Us

If you have any questions about this Privacy Policy, please contact us:

• By email: hello@kupya.shop