Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the platforms and services operated by Spiritbulb LTD ("Spiritbulb", "we", "our", or "us"), including:

• Nuru : our student community network
• Reach : our local e-commerce marketplace
• Menengai Cloud (MCloud) : our store and creator tools platform
• Tufike : our in-person events platform

By creating an account or using any Spiritbulb service, you agree to be bound by these Terms. If you do not agree, do not use our services.

2. Eligibility

You must be at least 18 years old to use Spiritbulb's services. By registering, you confirm that you meet this requirement.

If you are using our services on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms, and references to "you" include that entity.

3. Account Registration

To access most Spiritbulb features, you must create an account. You agree to:

• Provide accurate, complete, and current registration information.
• Keep your password confidential and not share it with anyone.
• Notify us immediately at support@spiritbulb.org if you suspect unauthorised access to your account.
• Be responsible for all activity that occurs under your account.

We reserve the right to refuse registration or suspend accounts at our discretion, including for violation of these Terms.

4. Nuru : Student Community Network

4.1 Eligibility

Nuru is designed for university and college students and staff at verified Kenyan campuses. You must have a valid institutional email address or undergo campus verification to access campus-specific spaces.

4.2 Community Standards

When using Nuru, you agree not to:

• Post content that is false, defamatory, harassing, or discriminatory.
• Share another person's personal information without their consent.
• Impersonate any person, institution, or organisation.
• Use Nuru for commercial solicitation without Spiritbulb's prior written approval.

4.3 Spaces

Spaces on Nuru are created and moderated by users. Space administrators are responsible for enforcing community standards within their spaces. Spiritbulb reserves the right to remove any space that violates these Terms.

5. Reach : E-Commerce Marketplace

5.1 For Merchants

By listing products on Reach, you agree to:

• Provide accurate and truthful descriptions, prices, and images for all listings.
• Only list items that you have the legal right to sell.
• Fulfil orders you accept in a timely manner.
• Comply with all applicable Kenyan laws, including those governing consumer protection, taxation, and trade.
• Not list prohibited items (see Section 5.3).

5.2 For Buyers

By purchasing on Reach, you agree to:

• Pay the agreed price for items you order.
• Use the platform's designated payment methods.
• Engage honestly and respectfully with merchants.

5.3 Prohibited Listings

The following items and services may not be listed on Reach:

• Counterfeit, stolen, or illegally obtained goods.
• Weapons, ammunition, explosives, or items regulated under Kenyan law.
• Controlled substances, narcotics, or illegal drugs.
• Alcohol or tobacco products, unless licensed to do so.
• Pornographic or sexually explicit material.
• Any item, service, or content that violates applicable law.

Spiritbulb reserves the right to remove any listing and suspend any account that violates these restrictions.

5.4 Disputes Between Buyers and Merchants

Spiritbulb provides a platform for commerce but is not a party to transactions between buyers and merchants. We encourage parties to resolve disputes directly. Spiritbulb may, at its discretion, assist in mediating disputes but makes no guarantee of any particular outcome.

6. Menengai Cloud (MCloud) : Store & Creator Tools

6.1 Your Store

When you claim a store on MCloud, you are allocated a unique link and access to tools for managing your content and storefront. You are responsible for all content published through your store.

6.2 Acceptable Use

You agree not to use MCloud to:

• Distribute malware, spam, or phishing content.
• Host content that infringes third-party intellectual property rights.
• Impersonate another individual or business.
• Conduct fraudulent transactions.

6.3 Uptime and Service Availability

We aim to maintain 99.9% uptime for MCloud. However, we do not guarantee uninterrupted service and are not liable for losses resulting from planned or unplanned downtime.

7. Tufike : Events Platform

7.1 Event Organisers

If you create or list an event on Tufike, you are responsible for the accuracy of event information, compliance with applicable regulations, and the conduct of your event.

7.2 Attendees

By registering for an event, you agree to comply with the rules set by the event organiser. Spiritbulb is not responsible for the conduct of events or the actions of organisers or attendees.

7.3 Cancellations and Refunds

Refund policies for ticketed events are set by event organisers. Spiritbulb's role is limited to facilitating the platform. Where Spiritbulb processes payments on behalf of an organiser, refunds will be governed by the organiser's stated policy.

8. Payments

8.1 Payment Processing

Spiritbulb facilitates payments through supported methods including M-Pesa and card payments. By initiating a transaction, you authorise Spiritbulb or our payment partners to process the payment.

8.2 Fees

Spiritbulb may charge platform fees or transaction fees for certain services. Any applicable fees will be clearly disclosed before you complete a transaction.

8.3 Taxes

You are responsible for any taxes applicable to your transactions, including VAT, withholding tax, or any other levies under Kenyan law.

8.4 Disputes

If you believe a payment has been processed in error, contact us at payments@spiritbulb.org within 30 days of the transaction. We will investigate and respond within 10 business days.

9. Intellectual Property

9.1 Our Content

All software, design, branding, logos, and content created by Spiritbulb are owned by Spiritbulb LTD and protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written permission.

9.2 Your Content

You retain ownership of content you upload to Spiritbulb's platforms. By uploading content, you grant Spiritbulb a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute your content for the purpose of operating and improving our services.

You represent that you have all necessary rights to the content you upload and that it does not infringe any third-party rights.

9.3 Feedback

If you provide suggestions or feedback about our services, you grant us the right to use that feedback without restriction or compensation.

10. Prohibited Conduct

Across all Spiritbulb platforms, you agree not to:

• Violate any applicable law or regulation.
• Harass, abuse, or threaten other users.
• Use our services to transmit spam or unsolicited commercial messages.
• Attempt to gain unauthorised access to any part of our systems.
• Scrape, crawl, or use automated tools to extract data from our platforms without our permission.
• Interfere with the integrity or performance of our services.
• Create multiple accounts to evade suspensions or restrictions.

11. Suspension and Termination

11.1 By Spiritbulb

We may suspend or terminate your account, without prior notice, if we determine that you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or to Spiritbulb. We will aim to notify you of the reason where legally permissible.

11.2 By You

You may delete your account at any time through your account settings or by contacting support@spiritbulb.org. Upon deletion, your access to our services will cease, subject to any outstanding obligations (e.g. pending transactions).

12. Disclaimers

Our services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied. To the fullest extent permitted by Kenyan law, Spiritbulb disclaims all warranties, including fitness for a particular purpose and non-infringement.

We do not warrant that our services will be error-free, uninterrupted, or free of viruses or harmful components.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Spiritbulb LTD and its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, our services — including loss of profits, data, or goodwill.

Our total liability to you for any claim arising from use of our services shall not exceed the amount you paid to Spiritbulb in the 3 months preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Spiritbulb LTD, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from your use of our services, your violation of these Terms, or your violation of any third-party rights.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya. Any dispute arising from or in connection with these Terms shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the courts of competent jurisdiction in Kenya.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you via email or a prominent notice on our platforms at least 14 days before the changes take effect. Your continued use of our services after that date constitutes acceptance of the revised Terms.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spiritbulb with respect to your use of our services and supersede any prior agreements.

19. Contact Us

For any questions about these Terms, please contact:

Spiritbulb LTD Email: legal@spiritbulb.org Website: spiritbulb.org