NeoMali Terms of Service

1. Introduction

Welcome to NeoMali, an online shop creation platform operated by Birowaks Media and Technology, a company incorporated in the Republic of Kenya ("Company", "we", "our", or "us").

These Terms of Service ("Terms") govern your access to and use of:

• the NeoMali website at https://neomali.com, and
• any related applications, dashboards, subdomains, or services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Eligibility and Account Registration

To use NeoMali, you must:

• Be at least 18 years old
• Provide accurate, current, and complete information during registration
• Maintain the accuracy of your account information at all times

You are responsible for safeguarding your account credentials and for all activities conducted through your account.

We reserve the right to suspend or terminate accounts that provide false, misleading, or incomplete information.

3. Nature of the Service

NeoMali provides tools that enable vendors to:

• Create an online shop
• List and manage products
• Accept customer orders and payments
• Communicate order and delivery information

NeoMali does not sell products on behalf of vendors and is not a party to transactions between vendors and customers.

Each vendor is solely responsible for:

• The products they list
• Pricing, descriptions, and images
• Order fulfillment and delivery
• Compliance with Kenyan law

4. Prohibited Products and Activities

You may not use NeoMali to sell, promote, distribute, or facilitate any product or activity that is illegal, harmful, or prohibited under the laws of Kenya.

This includes, but is not limited to:

• Illegal drugs, narcotics, or controlled substances
• Pornographic, sexually explicit, or sexually perverse material
• Obscene or immoral content as defined under Kenyan law
• Counterfeit or stolen goods
• Firearms, weapons, or ammunition
• Products that infringe intellectual property rights
• Hate material or content promoting violence or exploitation

We reserve the absolute right, at our sole discretion, to:

• Remove prohibited content
• Suspend or permanently terminate accounts
• Report unlawful activity to relevant authorities where required by law

No refunds or compensation shall be due for accounts terminated under this section.

5. Intellectual Property

All platform software, designs, trademarks, and content (excluding user content) are the property of Birowaks Media and Technology or its licensors.

You may not copy, modify, distribute, or exploit any part of the Service without written permission.

6. Payments and Fees

NeoMali may charge:

• Subscription fees
• Transaction fees as displayed on the platform

All fees are disclosed before use. Payments are processed through third-party payment providers.

NeoMali does not store customers’ M-Pesa PINs or sensitive payment credentials.

7. Account Suspension and Termination

We may suspend or terminate your account immediately and without prior notice if:

• You violate these Terms
• You sell prohibited or illegal items
• You misuse the platform
• Your activities expose NeoMali to legal or reputational risk

You may stop using the Service at any time by discontinuing access.

Sections that by their nature should survive termination shall survive.

8. Third-Party Services

NeoMali may integrate third-party services such as payment providers or authentication services (e.g., Google OAuth).

We are not responsible for the content, policies, or practices of third-party services.

9. Limitation of Liability

To the fullest extent permitted by Kenyan law, NeoMali and Birowaks Media and Technology shall not be liable for:

• Loss of profits or revenue
• Business interruption
• Loss of data
• Disputes between vendors and customers

Use of the Service is at your own risk.

11. User Content

Users may upload product information, images, descriptions, and other content ("Content").

By uploading Content, you represent and warrant that:

• You own the Content or have the legal right to use it
• The Content does not violate any law or third-party rights

You grant NeoMali a non-exclusive, royalty-free, worldwide license to use, display, and distribute such Content solely for the purpose of operating and improving the Service.

12. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.