Terms and Conditions of Use

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern access to and use of the website https://afripods.africa/, the Afripods mobile applications, and all related services (together, the "Platform"). The Platform is operated by the Afripods group, comprising Afripods Inc., a company incorporated in Delaware, United States ("Afripods Inc."), and Afripods Limited, a company incorporated in Kenya and trading as Afripods Africa ("Afripods Limited") together, "Afripods", "we", "us", "our". Their respective roles are set out in our Privacy Policy, Section 2.

By creating an account, accessing, or otherwise using the Platform, you agree to be bound by these Terms and the documents it incorporates by reference: our Privacy Policy, Community Guidelines, Content Moderation Policy, Takedown Procedure, Cookie Policy, and, where applicable, our Creator Terms, Advertising Terms, and Child Safety Policy (together, the "Agreement"). If you do not agree, you must not use the Platform.

Where you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.

2. Definitions

• "Content" means any audio, video, artwork, text, images, metadata, or other material uploaded, published, or made available through the Platform, including podcast episodes.
• "Creator" means a User who registers to host, publish, or distribute Content through the Platform.
• "Listener" means a User who accesses, streams, or downloads Content through and from the Platform.
• "Advertiser" means a User or business that purchases advertising, sponsorship, or promotional placements on the Platform.
• "User", "you" means any person who accesses or uses the Platform, including Listeners, Creators, and Advertisers.
• "Community Guidelines" means the standalone document setting out prohibited and restricted Content, referenced in Section 10.

3. Eligibility and Child Protection

You must be at least 13 years old to create an account on the Platform. Users between 13 and 18 may use the Platform as Listeners but may not register as a Creator, receive payments, enter into a Creator Agreement, or engage with advertising or sponsorship features, unless a parent or legal guardian has given verifiable consent and agreed to be responsible for the minor's use of the Platform.

We reserve the right to request proof of age or parental/guardian consent at any time, and to suspend or terminate accounts where we reasonably believe the eligibility requirements in this Section have not been met. See our Privacy Policy, Section 7, and our Child Safety Policy for further information.

4. Account Registration

To access certain features, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at contactus@afripods.com of any unauthorised use of your account.

5. General User Obligations and Acceptable Use

When using the Platform, you agree that you will not violate applicable law, infringe any third party's rights, or breach our Community Guidelines. Without limiting that Guidelines document, you specifically agree not to:

• Attempt to gain unauthorised access to the Platform, other Users' accounts, or our systems;
• Use automated means (bots, scrapers) to access the Platform without our prior written consent;
• Circumvent or manipulate our revenue-share, advertising, or analytics systems; or
• Publish false information prohibited under the relevant Computer Misuse and Cybercrimes laws of your country/region, including false publications intended to cause panic or harm reputations.

All other content standards, including our rules on hate speech, harassment, violent content, misinformation, and intellectual property are set out in our Community Guidelines, which forms part of this Agreement.

6. Listener Terms

6.1 Access to Content

Subject to these Terms, Listeners may stream and, where enabled, download Content made available by Creators for personal, non-commercial use. Some Content or features may require a paid subscription.

6.2 Subscriptions, Fees, and Billing

Where you purchase a paid subscription or other paid feature, the applicable price, billing frequency, and payment method will be presented to you before you complete your purchase. Fees are payable in advance and, unless otherwise stated, are non-refundable except as required by the Consumer Protection laws of your country/region or as set out in our Refund Policy.

6.3 Cancellation

You may cancel a paid subscription at any time through your account settings. Cancellation takes effect at the end of the then-current billing period.

7. Intellectual Property Owned by Afripods

The Platform, including its design, software, trademarks, logos, and any content created by Afripods (excluding Creator Content), is owned by or licensed to Afripods and protected under the relevant copyright laws and applicable international treaties, including the Berne Convention. Except as expressly permitted under these Terms, you may not copy, modify, distribute, or create derivative works from any part of the Platform without our prior written consent.

8. Creator Terms

8.1 License Grant

By uploading Content to the Platform, you grant Afripods a non-exclusive, worldwide, transferable, sub-licensable, royalty-free license to host, store, reproduce, distribute, publicly perform, transcode, create clips or excerpts of, caption or transcribe, and promote your Content, solely for the purposes of operating, marketing, and monetising the Platform, including distribution to third-party platforms you elect to enable. You retain ownership of your Content and all associated copyright.

8.2 Moral Rights

Nothing in this Agreement affects your non-transferable moral rights under the Copyright Act, including the right to be identified as the creator of your Content.

8.3 Creator Representations and Warranties

By uploading Content, you represent and warrant that: (a) you own or have obtained all necessary rights, licenses, and consents (including from any guests or co-creators) to upload and license the Content as set out in this Section; (b) your Content does not infringe any third party's rights; and (c) your Content complies with our Community Guidelines and other applicable laws in your country/region.

8.4 Revenue Share

Where you participate in Afripods' monetisation programme, revenue is shared with you in accordance with the Revenue Share Policy, a schedule to these Creator Terms.

8.5 Termination of Creator Status

We may suspend or remove Content, or suspend or terminate your Creator status, in accordance with our Content Moderation Policy, where you breach these Terms, the Community Guidelines, or applicable law.

9. Advertising and Sponsorship Terms

Advertisers and sponsors purchasing placements on the Platform agree to comply with applicable advertising standards and must not submit advertising content that is false, misleading, discriminatory, or directed at minors in a manner inconsistent with our Privacy Policy and Child Safety Policy.

Detailed commercial terms are set out in a separate insertion order or advertising agreement.

10. Content Standards, Moderation, and Takedowns

All Content on the Platform, and your conduct while using it, must comply with our Community Guidelines, which set out in detail the categories of Content that are prohibited or restricted.

We moderate the Platform in accordance with our Content Moderation Policy which explains how we detect, review, and act on Content that may violate the Community Guidelines, including our escalation process and your right to appeal a moderation decision.

If you believe Content on the Platform infringes your copyright or other legal rights, or you wish to report Content on another legal basis, please follow our Takedown Procedure, which sets out how to submit a valid notice, how we respond, and how a Creator may submit a counter-notice.

11. Payments and Refunds

All fees are stated in the applicable currency at checkout. Payments are processed through third-party payment processors (including M-Pesa and card payment providers), who have their own terms and privacy practices. Refunds are handled in accordance with the Consumer Protection laws of your country/region and our Refund Policy.

12. Termination and Suspension

We may suspend or terminate your access to the Platform, in whole or in part, where you breach these Terms, the Community Guidelines, or applicable law, in accordance with our Content Moderation Policy, or where required by a regulator or court order. You may close your account at any time through your account settings or by contacting contactus@afripods.com.

Sections which by their nature should survive termination (including intellectual property, limitation of liability, and dispute resolution) continue to apply.

13. Disclaimers

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Afripods disclaims all warranties, express or implied, regarding the Platform, including the accuracy, reliability, or availability of Content, which is created and published by independent Creators and not by Afripods.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Afripods' aggregate liability arising out of or in connection with this Agreement shall not exceed the greater of (a) the amount you paid to Afripods in the twelve (12) months preceding the claim, or (b) KES 10,000. Afripods shall not be liable for indirect, incidental, special, or consequential damages, except to the extent such limitation is not permitted under the Consumer Protection laws or other applicable mandatory law.

15. Indemnification

You agree to indemnify and hold Afripods harmless from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your breach of this Agreement, your Content, or your violation of any law or third-party right.

16. Dispute Resolution and Governing Law

Where you are contracting with Afripods Limited, this Agreement is governed by the laws of the Republic of Kenya. Where you are contracting with Afripods Inc. directly, applicable US federal and state law governs, without prejudice to any mandatory local consumer protections. Any dispute shall first be referred to good-faith negotiation between the parties. If not resolved within 3 months either party may refer the matter to the courts of Kenya. Either party may also seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.

17. Consumer Protection

Nothing in this Agreement is intended to exclude or limit any right you have as a consumer under any mandatory consumer law in your jurisdiction, that cannot lawfully be excluded or limited.

18. Changes to These Terms

We may update these Terms from time to time. Where changes are material, we will provide reasonable prior notice by email or a prominent Platform notice before they take effect. Your continued use of the Platform after the effective date of updated Terms constitutes acceptance of those Terms.

19. Related Documents

These Terms work together with the following documents, which form part of the overall Afripods legal framework:

• Privacy Policy; how we collect, use, and protect personal data.
• Community Guidelines; the content and conduct standards referenced in Section 10.
• Content Moderation Policy; how we enforce the Community Guidelines, including our appeals process.
• Takedown Procedure; how to report copyright infringement or other legal violations.
• Cookie Policy; the cookies and trackers used on the Platform, referenced in our Privacy Policy.
• Child Safety Policy; our platform-wide approach to child protection.
• Revenue Share Policy; a schedule to the Creator Terms.

20. General Provisions

• Entire agreement: This Agreement, together with the documents listed in Section 19, constitutes the entire agreement between you and Afripods regarding the Platform.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
• No waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets.
• Notices: We may provide notices via email, in-app notification, or by posting on the Platform.

21. Contact Us

If you have questions about these Terms, please contact us at contactus@afripods.com, or see our Privacy Policy, Section 21, for full entity contact details.