Terms of Service

Welcome to Zikaya. These Terms of Service (the Terms) govern access to and use of zikaya.com and related services operated by Zikaya Ltd (Zikaya, we, us) (the Services). They apply to visitors, account holders, purchasers and creators. By creating an account, purchasing or unlocking a document, uploading content or otherwise using the Services, you agree to the Terms and any additional policies that apply to your activities. If you do not agree, do not use the Services. Where applicable law requires separate consent or disclosures, we will provide them.

Zikaya provides a technology platform through which independent creators offer educational materials. Community Exchange lets users unlock eligible documents with Community Credits; the Premium Marketplace offers eligible documents for cash or Premium Credits. A document may participate in both channels. Creators, not Zikaya, generally author and submit the documents. Publication, preview generation, categorization or a content check does not mean Zikaya verifies copyright ownership, endorses the author, or certifies academic or clinical accuracy.

The Privacy Policy, Refund and Purchase Policy, Copyright Policy and Acceptable Content Policy apply as relevant. Creators must also accept the Creator Agreement. Transaction-specific prices, credit allocations and permitted uses shown at checkout form part of the applicable transaction terms.

If these documents conflict, the following order applies, subject always to mandatory law:

on a matter about creators, documents, creator earnings or payouts, the Creator Agreement prevails;
on a specific purchase, the terms shown at checkout for that purchase prevail to the extent the law requires;
otherwise, these Terms prevail over the policies they refer to, unless a policy expressly says it prevails.

Some features may come with additional terms that are shown when you use them, for example when a new study tool, plan or program is introduced. Those terms apply to that feature together with these Terms. In these Terms, Content means documents and anything else submitted or made available through the Services, including titles, descriptions, previews, reviews, ratings, comments, questions, answers, messages and profile information.

2. Eligibility and accounts

You must be at least 18 years old to register, purchase, contribute or sell. By registering, you represent that you meet this requirement and may lawfully enter into these Terms. Provide accurate information, keep it current, protect your password, and promptly notify [email protected] of suspected unauthorized access. Accounts are personal unless Zikaya expressly permits an organizational account, which must be opened by a person authorized to bind the organization. Each person may hold one account. Do not sell, transfer, share or impersonate an account, and do not open a new account if an earlier one was suspended or terminated, unless we agree in writing.

We may refuse a registration at our discretion, and we may suspend or close an account if we reasonably believe the information given is false, incomplete or out of date. We may ask for email verification, identity checks, tax or payout information at any time where we consider it necessary for legal, security, fraud-prevention or payment-provider reasons, and we may restrict account functions until you provide it. Account functionality, sales, payments or payouts may be unavailable in certain regions.

Keep your sign-in details confidential. You are responsible for all activity carried out through your account, except to the extent it results from unauthorized access that you could not reasonably have prevented and that you reported to us promptly after becoming aware of it, or the law provides otherwise. Other users see your display name, not your legal name. We may disclose your identity and account information where the law requires it, to respond to a legal claim we reasonably believe is valid, or to investigate and pursue a breach of these Terms, as described in the Privacy Policy.

3. Educational purposes and user judgment

Listings may include study notes, study guides, original practice questions, case examples and other educational resources. They are supplemental study materials, not clinical instructions, professional medical advice, official testing content or a replacement for a school's requirements. We do not warrant that any Content is correct, complete, up to date, fit for a specific course, or sufficient to pass an examination. No grade, licensing, certification or employment outcome is promised. You use Content at your own risk and are responsible for evaluating it independently and following authoritative clinical and educational guidance. To the extent permitted by law, Zikaya is not responsible for decisions you make or results you obtain based on Content.

4. Community Exchange and Community Credits

Community Credits (CC) are noncash platform rewards earned only after Zikaya accepts and publishes an eligible contribution or otherwise grants them under a disclosed program. They are used only on Community-enabled listings. They cannot be purchased, withdrawn as money, transferred between users, exchanged for Premium Credits or traded externally. A Community Credit unlock creates no cash royalty to the creator. The relevant cost is shown before each unlock. CC do not expire by default while the account remains active.

We may refuse or reverse credits awarded for duplicate, fraudulent, invalid, manipulative, later-removed or prohibited contributions, and correct ledger errors. We may change the program for the future, including award amounts, unlock costs and eligibility rules, or end it, with notice where the law requires. Our credit records are conclusive unless they contain an obvious error.

5. Premium Marketplace, Premium Credits and payments

Premium Marketplace listings may be acquired through an enabled cash payment or Premium Credits (PC). PC may originate from paid plans, top-ups, valid refunds or explicitly funded promotions. PC have no cash-redemption right, cannot be transferred between accounts or converted into CC, and may be used only for eligible purchases. They are not deposits or bank accounts. Qualified cash and PC acquisitions can result in creator earnings under the Creator Agreement. PC purchases, balances, sources and usage are recorded separately from CC.

Rules for all credits

Community Credits and Premium Credits are units for use on Zikaya only. They are not legal tender, electronic money, a deposit or a stored-value or payment account, and they have no value outside Zikaya. You may not buy, sell, trade, gift or transfer credits between users or outside the Services, or convert them into money or any other currency, token or reward, except as Zikaya expressly provides. Credits obtained or used in breach of these Terms may be reversed, and the account involved may be suspended, without prejudice to any claim for losses caused by the breach.

Payments

All amounts shown as USD are U.S. dollar prices. Taxes, fees, payment currency or conversion costs, where applicable, are shown before payment. Your bank or payment provider may charge its own fees, which are your responsibility. A payment is successful only when confirmed through the authorized payment mechanism; an on-screen payment redirect alone does not establish a right to download. By providing a payment method, you confirm you are authorized to use it and authorize Zikaya and its payment providers to charge it for purchases you make and, for a recurring plan, for each renewal until you cancel. Keep your payment details accurate, and tell us promptly about any unauthorized use.

We may refuse, cancel or reverse a transaction that we reasonably believe is fraudulent, unauthorized, in breach of these Terms, or the result of an obvious pricing or technical error. If we cancel a paid transaction because of our error, we will refund the amount paid or restore the credits used, which is your sole remedy for that error to the extent the law allows.

Payment-provider availability

Payment, billing or creator-payout functionality may be provided through Stripe, PayPal, M-Pesa or other supported providers, depending on availability, country, currency and the payment method actually offered. A provider is not promised merely by being named here, and we may add, change or withdraw providers. Any provider-specific terms and disclosures will appear in the relevant flow.

6. Recurring plans, top-ups and cancellation

Zikaya may offer the following recurring Premium plans, where activated and shown at checkout: Monthly $14.99 for 140 PC, Quarterly $29.99 for 280 PC, and Annual $59.99 for 550 PC. Each plan automatically renews at the corresponding billing interval at the displayed price unless canceled. A plan starts and PC are allocated only upon confirmed successful payment. Renewal amounts, billing dates, included PC, any changes and applicable taxes are shown in the checkout and account billing screens. Where the law requires, we ask for your express agreement to automatic renewal and send you a confirmation of the applicable terms.

You may cancel renewal through the online account billing controls without contacting support, or ask for help at [email protected]. Cancellation stops later recurring charges; it does not refund the current paid term, revoke documents validly acquired, or cancel a legally required remedy. Unless otherwise required by law or expressly stated at checkout, unused subscription-allotted PC expire at the end of the paid subscription term to which they belong. Separately purchased top-up PC do not expire merely because the plan expires or is canceled; they remain usable through an eligible active account, subject to law, security restrictions and disclosed changes. Promotional PC may have a disclosed expiry. An expired or canceled plan does not erase eligible top-up PC. Failure of a renewal payment produces no new allotment, and we may retry the payment or end the plan.

We may change plan prices, included PC and other plan features for future billing periods. We will notify you of a price change or other material renewal change before it applies to your renewal, as the law requires, and you may cancel before it takes effect. If you do not cancel, the change applies from your next renewal.

PC are tracked by source lot to distinguish subscription, top-up and promotion allocations. PC are used in the order shown in your account, and your balances and any expiry dates are shown there. Each lot keeps the expiry that applied when it was allocated. No credit quantity, unit exchange value or package that is not shown at checkout is promised by these Terms.

7. Document licenses, versions and access

A completed purchase or unlock grants a personal, limited, revocable, non-exclusive, non-transferable license to use the specific document version acquired for lawful individual educational purposes. Copyright ownership remains with its owner. You may not resell, redistribute, repost, sublicense, publish or share the document, remove or alter watermarks, references or copyright notices in it, or bypass access controls without authorization. New major editions normally require a separate acquisition.

Access has no preset expiry, but we do not guarantee that any document will remain available indefinitely. We may restrict or remove access where we reasonably believe it is necessary because of a refund, chargeback, copyright or privacy claim, suspected fraud, applicable law, a breach of these Terms, or other legitimate enforcement. Where we remove access to a paid document for a reason other than your breach or fraud, you receive any remedy that the Refund and Purchase Policy or the law provides. Delisting by a creator does not by itself end lawful earlier entitlements, where the underlying rights permit their continued fulfillment.

8. Refunds, reversals and payment disputes

Digital-document transactions are final once access is delivered, except where the Refund and Purchase Policy, the transaction terms or applicable law provides a remedy. We do not refund for a change of mind, dissatisfaction with a correctly described document, or failure to achieve an academic result. Verified duplicate charges, non-delivery, unreadable or corrupted files and material listing mismatches may qualify for remediation or refund under that Policy, and we decide the appropriate remedy within it. Your legal rights to cancellation, chargeback and other mandatory protections are preserved.

A refund, reversal or chargeback may revoke the related entitlement, reverse or restore credits as appropriate, and reverse the corresponding creator earnings. While a payment dispute or chargeback is open, we may suspend access to the affected documents and credits. Removal for a rights complaint is not in itself a refund decision.

9. Your content, ownership and licenses to Zikaya

Your responsibility for Content

You are solely responsible for the Content you submit. Creators must have the legal right to submit every part of a document and must accept the Creator Agreement. Each time you submit Content, you confirm that:

you created it, or hold every permission needed for the uses described in these Terms, including the uses in this section;
no fee, royalty or other payment is owed to any third party, including a collective management organization, because of its publication or use on Zikaya or under these Terms;
it does not infringe copyright, trademark, privacy, confidentiality or other rights, and it complies with the Acceptable Content Policy;
it contains no malware, and no digital rights management, password protection or other technical restriction that prevents Zikaya from processing, previewing or delivering it.

These confirmations continue for as long as the Content is available through Zikaya or used under this section. Zikaya relies on them, does not check ownership when it publishes Content, and is not a guarantor of creator rights or statements. Creators may make eligible versions available through Community Exchange, Premium Marketplace or both.

Ownership

You keep ownership of your Content, including your moral rights, such as the right to be identified as its author, subject to the waiver in this section. These Terms do not transfer copyright to Zikaya. Once Content is published, Zikaya decides how it is hosted, presented and delivered on the Services, taking into account the access options you choose, and subject to these Terms and applicable law.

License to Zikaya

By submitting Content, you grant Zikaya Ltd a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, adapt, format, translate, distribute, display and make available the Content in connection with the Services and Zikaya's business, including for the following purposes. Zikaya may sublicense these rights to its service providers, affiliates, distribution partners and other licensees.

Hosting and processing: host, store, back up, copy, scan, compress, convert, format and index the Content, and extract text from it.
Presentation: create and display previews, thumbnails, cover images, excerpts and listing information, and accessible formats such as text or audio versions.
Access by other users: let other users view, unlock, purchase and download the Content, according to the access options you select and the features available from time to time.
Operating the Services: operate, secure, maintain, improve and develop the Services, including search, recommendations, quality checks, duplicate and fraud detection, and the investigation of reports and claims.
Study features: provide study features that Zikaya offers now or in the future, such as annotations, highlights, flashcards, quizzes, summaries or translations, to users who have access to the Content under these Terms.
Promotion: promote the Content and the Services, as described in the subsection on promotion below.

These purposes are examples and do not limit the license, which also extends to the uses in the next subsection. Creator earnings arise only as the Creator Agreement provides; other uses of Content under this section do not create earnings unless the Creator Agreement or a written agreement with Zikaya says so. Zikaya will not present a creator's document as Zikaya's own independently authored work. That promise concerns how the document itself is attributed, and it does not restrict Zikaya's rights in the next subsection to create and use Derived Materials, develop artificial intelligence or license datasets.

Artificial intelligence, derived materials and datasets

In addition to the license above, you grant Zikaya Ltd a worldwide, non-exclusive, royalty-free, perpetual, transferable and sublicensable license to:

Create derived materials: use your Content, alone or combined with other material, to create new materials, including quizzes, practice questions, flashcards, summaries, explanations, study plans and similar study aids, by artificial intelligence or any other means (Derived Materials), and to reproduce, display, distribute, offer and sell Derived Materials to any user, on or off Zikaya, as part of a plan or separately;
Develop AI: use your Content to develop, train, fine-tune, test, evaluate and improve artificial-intelligence and machine-learning models, systems and services, whether operated by Zikaya or by others; and
License datasets: license, sell or otherwise make available your Content, and datasets that include or are derived from it, to third parties for the purposes in point 2, on terms Zikaya decides and for consideration Zikaya keeps.

Derived Materials, models, datasets and their outputs belong to Zikaya or its licensors as between you and Zikaya, except for any part that reproduces your Content, which remains yours and is licensed under this section. Derived Materials do not need to identify you, and they do not earn a creator share unless Zikaya agrees otherwise in writing. Before making Content available to a third party under point 3, Zikaya will take reasonable steps to remove or de-identify personal information it identifies in it. Because trained models and delivered datasets cannot practically be changed, this license continues for Content already used under points 2 and 3 even after it is removed or your account closes. To the extent the law allows, you waive, and agree not to assert, any moral rights against Zikaya and its licensees in connection with these uses.

Promotion, watermarks and branding

To promote the Services and your listings, Zikaya may:

use the title, description, previews, thumbnails, cover images and limited excerpts of your Content, together with your creator display name, in marketing on and off Zikaya, including search engines, social media, email, advertising and partner websites;
embed previews of your Content on third-party websites; access to the full document remains subject to these Terms;
place Zikaya's name, logo, web address, a watermark or a link back to the document's page on Zikaya on previews, downloads and other copies we deliver.

Zikaya decides whether, where and how to promote any Content, and is not required to promote it. Delivered copies may also carry the creator's display name and an order or download reference, so that we can trace unauthorized redistribution. Delivered copies do not include a creator's or buyer's email address or other contact details. A watermark or logo shows where a copy came from. It does not mean that Zikaya has reviewed, verified or endorsed the Content, its quality or its authorship, which remain the creator's responsibility.

Removal and continuing rights

You have no right to have Content kept on Zikaya, and we may remove it under section 11. You can stop new acquisitions of your documents through your creator tools. When your Content is removed, the license in the subsection "License to Zikaya" ends for new uses, but continues as far as needed to:

honor access already granted to users who acquired the Content;
keep promotional material already published, which we are not required to recall;
keep backups, and records needed for accounting, disputes and legal obligations;
handle reports, claims and investigations.

The license in the subsection on artificial intelligence, derived materials and datasets continues as that subsection states, and Derived Materials already created remain Zikaya's.

Study tools and AI-generated material

Zikaya may offer tools, including tools that use artificial intelligence, that create notes, summaries, flashcards, quizzes or other material for you (Generated Material). Generated Material may draw on Content and Derived Materials, and it is provided as is.

Personal use only. You may not sell, publish, share or otherwise commercially exploit Generated Material, or upload it to Zikaya or elsewhere as your own original work.
Check it. Generated Material may be inaccurate, and may resemble material created for other users. Check it against authoritative sources.
AI-made uploads. If you upload Content made wholly or partly with any AI tool, you are responsible for it like any other Content: you must hold the necessary rights, and we may require you to label it or may remove it.
Breaches. We may remove Generated Material uploaded in breach of this subsection, and section 19 applies to claims arising from that breach.

10. Prohibited activities and content

You must comply with the Acceptable Content Policy. In particular, you must not:

upload unlicensed textbook scans or commercial question banks; actual, leaked or recalled assessment questions; unauthorized instructor-only materials; or identifiable patient records;
upload Content that is unlawful, defamatory, harassing, hateful, discriminatory or obscene, or that infringes another person's rights, or upload malware;
use deceptive titles, descriptions or previews; impersonate anyone; or misrepresent the source or authorship of Content;
advertise to, solicit or spam other users, or upload Content mainly for marketing, search ranking, links or redirects, except where Zikaya expressly allows it;
arrange payments or transactions outside Zikaya with creators or other users you meet through the Services, in order to avoid the Services' payment flows;
buy, sell, trade or transfer credits, accounts or access, or game Community Credit rewards, transactions, reviews or ratings, including by using multiple accounts;
harass or threaten others, or collect personal information about other users without their consent;
copy, redistribute or share acquired documents beyond the license in section 7, or take others' work;
access the Services or Content with robots, spiders, scrapers or other automated means without Zikaya's written permission, or use the Services, Content, Derived Materials or Generated Material to build datasets or to develop or train artificial-intelligence models;
circumvent, disable or interfere with security features, access controls, previews, download limits or copy protection;
reverse engineer, decompile or try to derive the source code of the Services, except where the law expressly permits it;
interfere with or overload the Services, their servers or networks;
use the Services for any unlawful purpose, or help or encourage anyone else to do any of these things.

These restrictions bind users of the Services. They do not limit Zikaya's own rights under section 9, including its rights to develop artificial intelligence and license datasets. Original lawfully created exam-style study questions may be permitted. Use of third-party institution and exam names to describe a listing does not imply affiliation or sponsorship. We decide, acting reasonably, whether Content or conduct breaches this section.

11. Marketplace enforcement and copyright notices

Zikaya may use automated technical checks, selective review, random audits, reports and legally required procedures. Zikaya has no duty to monitor or review Content and does not guarantee its legality or accuracy. At our discretion, we may decline submissions, correct metadata, remove or restrict listings, suspend access, hold earnings as the Creator Agreement allows, investigate reports, and restrict or close accounts. We may remove or restrict any Content at any time, without prior notice except where the law requires it, including where we reasonably consider that it:

infringes another person's rights;
is unlawful or harmful, or contains malware;
breaches these Terms or our policies;
does not fit the educational purpose of the Services;
comes from an account suspended for misconduct;
exposes Zikaya, users or third parties to legal, financial or reputational risk.

Removal does not give rise to compensation, except where the Creator Agreement or applicable law provides otherwise.

To prevent and respond to misuse, we may:

keep logs, including IP addresses;
cooperate with internet service providers, payment providers and competent authorities;
report suspected fraud or illegal activity to the authorities.

We may suspend or close the accounts of users who repeatedly infringe. Ordinary reports go to Report Content; copyright reports and requests to review a removal go through the guided procedure described in the Copyright Policy. We may act on a report or notice while we consider it. Acting on a report is not a finding that the Content infringes or that the report is valid, and deciding not to act is not a finding that it does not.

12. Earnings and independent creators

Creator earnings, holds, payouts and adjustments are governed by the Creator Agreement, which prevails over these Terms on any matter about creators, documents, earnings or payouts. In summary, and without limiting that Agreement:

Independent creators. Creators are independent contractors, not Zikaya employees, partners, joint venturers or agents, and have no authority to bind Zikaya.
What earns. Only Qualifying Sales in the Premium Marketplace, as defined in the Creator Agreement, generate earnings. Community Credit unlocks, free, promotional or complimentary access, and other uses of Content under section 9 do not.
Share and deductions. The standard Creator Share is 70% of the Sale Value defined in the Creator Agreement. Payment processing, currency conversion, payout and transfer fees, and tax we are required to withhold, may be deducted as shown in Creator Studio or the payout flow.
Holds. We may hold pending or available earnings where the Creator Agreement allows, including for suspected fraud or breach, open or expected refunds, chargebacks, disputes or rights claims, outstanding verification, or legal or provider requirements.
Set-off. Reversed earnings that were already paid are a debt owed to Zikaya, which we may recover by deducting it from current or future earnings or by asking for repayment, as the Creator Agreement provides.
Records. Our transaction records determine earnings unless they contain an obvious error, and they become final as the Creator Agreement provides.

Payouts are subject to the Creator Agreement, verification, clearing periods and supported country and provider conditions. Zikaya does not guarantee any sales or income.

13. Suspension, closing accounts and surviving rights

You may request closure through available controls or [email protected]. We may suspend, restrict or end your account or any account function where we reasonably believe you have breached these Terms or our policies, for fraud or suspected fraud, legal restrictions, repeated infringement or security threats, where a payment provider or authority requires it, where it is reasonably necessary to protect Zikaya, users or third parties, or where we stop offering the Services in your country. Where the law requires, we will give you notice, reasons and a way to contest the decision.

Closure stops new activity, but does not affect completed transactions, records we keep, document licenses validly acquired before closure (subject to section 7), unresolved disputes, amounts you owe Zikaya, or creator balances payable under the Creator Agreement. When a creator account closes, new acquisitions of its documents stop; documents already acquired stay available to those users and may be shown with a neutral creator name. Unused credits and any refunds on closure are handled according to the applicable credit source, disclosed plan terms and mandatory law; CC have no cash surrender value. Eligible creator earnings follow the Creator Agreement's final-settlement procedure.

Sections 5 (Rules for all credits), 7, 8, 9, 10, 12, 14, 18, 19 and 20, and any other provision that by its nature should continue, survive closure of your account and the end of these Terms.

14. Zikaya's intellectual property

Zikaya Ltd or its licensors own the Services, including the website's branding, code, user interface, Derived Materials, Generated Material tools, compilations of data, and other Zikaya-authored platform elements, excluding creator-owned submissions. Do not copy, sublicense, interfere with or commercialize platform assets beyond permitted use. Creator uploads remain subject to their separate ownership and the licenses in section 9. If you send us feedback, ideas or suggestions about the Services, we may use them for any purpose without obligation to you.

15. Third-party services and references

Payment, hosting, email and payout services may be provided by third parties subject to their own terms. School, exam, publisher or product names used descriptively do not signal endorsement or affiliation. Links to external services are provided for convenience. To the extent permitted by law, we are not responsible for third-party services, websites or their operations, availability or content.

16. Privacy

Personal information is handled under the Privacy Policy, which also describes the uses of Content in section 9. We may keep security, financial, entitlement and compliance records after account closure for the periods described in the Privacy Policy and as the law requires.

17. Service changes and communications

We may maintain, update, add, suspend or discontinue all or part of the Services or any feature at any time, subject to applicable law. Where a change removes access to paid content or prepaid credits, you receive any remedy that the Refund and Purchase Policy or the law provides. New features may be introduced with the additional terms described in section 1.

We may change these Terms. Each version is dated. We will notify you of material changes by email or in your account before they take effect, except for changes required by law or needed to address fraud, security or legal risk, which may take effect sooner. Changes apply going forward and do not alter completed transactions. Where the law requires renewed consent, we will ask for it. If you keep using the Services after a change takes effect, you accept it; if you do not accept it, you must stop using the Services and may close your account.

Notices may be sent to your registered email or displayed through your account, and count as received when sent or displayed, as permitted by law. You are responsible for keeping your contact information current.

18. Disclaimers

To the maximum extent permitted by applicable law, the Services, Content, Derived Materials and Generated Material are provided on an as-available and as-is basis, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, title or non-infringement. We do not promise uninterrupted availability, error-free or secure operation, ownership of third-party submissions, or a particular academic result. This section does not exclude obligations, guarantees or consumer rights that cannot lawfully be excluded.

Zikaya provides the platform through which users share and acquire Content.

Our role. We do not author user Content, and we do not endorse opinions, recommendations or advice expressed by users. We have no duty to monitor Content, and acceptance of a submission is not a finding that it is lawful or accurate.
Devices and software. Downloads and display depend on your device, software and connection, so problems caused by an incompatible device or program are not a defect in the document.
Corrupted or unreadable files may be remedied under the Refund and Purchase Policy.

19. Liability, indemnification and applicable limits

Exclusions

To the extent permitted by applicable law, Zikaya Ltd, its affiliates, officers, employees and service providers are not liable for:

indirect, incidental, special, consequential, exemplary or punitive damages;
loss of profits, revenue, earnings, business, goodwill, opportunity or data;
academic, licensing, professional or employment outcomes;
Content or the conduct of users, creators or other third parties;
delays or failures caused by events beyond our reasonable control, including outages of networks, hosting or payment providers, natural events, civil unrest, labour disputes or acts of government.

Limit of liability

To the extent permitted by applicable law, Zikaya's total aggregate liability for all claims arising from or relating to these Terms or the Services is limited to the greater of US$100 or the amount you paid to Zikaya in the twelve months before the event giving rise to the claim. On creator matters, the limit in the Creator Agreement applies instead.

What is not limited

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence where exclusion is prohibited, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited, and nothing affects statutory consumer remedies, valid payment returns or rights that cannot be waived. The exclusions and limits in this section apply to the fullest extent permitted by the law that applies to you and to the particular dispute.

Your indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless Zikaya Ltd, its affiliates, officers, employees and service providers against all claims, losses, liabilities, damages, fines, settlements and costs, including reasonable legal fees, arising from or related to:

your Content;
your breach of these Terms or the policies they refer to, including the Generated Material rules;
your misuse of the Services or of any Content; or
your violation of any law or third-party right.

This does not apply to the extent a loss is caused by Zikaya's own fraud or wilful misconduct. We may control the defense of any claim, and you will cooperate with us. You may not settle a claim that affects Zikaya without our written consent. More specific creator responsibilities are in the Creator Agreement.

20. Governing law, disputes and contact

These Terms, and any dispute or claim arising from or relating to them or the Services, are governed by the laws of Kenya, excluding conflict-of-law rules, except to the extent mandatory consumer or other protections apply in another jurisdiction. Before starting proceedings, you agree to contact [email protected] and give us a reasonable opportunity to resolve the complaint. Unless mandatory law requires otherwise, the courts of Kenya have exclusive jurisdiction over disputes concerning these Terms or the Services. This provision does not prevent consumers from exercising non-waivable rights or using a competent forum granted by applicable law, and it does not prevent Zikaya from seeking urgent injunctive or other protective relief in any competent court.

General

Severability. If any part of these Terms is found unenforceable, it applies to the greatest extent that is enforceable, and the rest continues to apply.
No waiver. A delay or failure to enforce a right is not a waiver of it.
Assignment. Zikaya may assign or transfer its rights and obligations under these Terms at any time, including as part of a reorganization, merger or sale of the business, with notice to you where required. You may not assign or transfer yours without our written consent.
Records. Zikaya's records of transactions, credits, entitlements and earnings are conclusive unless they contain an obvious error or the law provides otherwise.
Third parties. Except for the persons protected by section 19, no one other than you and Zikaya has any right to enforce these Terms.
Whole agreement. These Terms, the policies they refer to and any transaction-specific terms are the whole agreement about their subject matter, without affecting rights that cannot lawfully be excluded.
Language. If these Terms are translated, the English version prevails.

Contact

General support, privacy and purchase concerns: [email protected]

Copyright reports and removal reviews: Copyright Policy guided submission