Terms of Use

1. Acceptance of Terms

Welcome to Ryfty, a platform that connects experience hosts with guests seeking authentic, local experiences. These Terms of Use ("Terms") govern your use of our website, mobile application, and related services (collectively, the "Service") operated by Ryfty ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Ryfty is an online marketplace that enables users to:

• Create, list, and manage experience offerings as a host
• Discover, book, and participate in experiences as a guest
• Process payments for experiences through M-Pesa
• Communicate with other users through our platform
• Leave and read reviews and ratings

We act as an intermediary between hosts and guests, facilitating transactions but not providing the experiences directly.

3. User Accounts and Registration

3.1 Account Creation

To use certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Account Types

We offer different account types:

• Guest Accounts: For users who book and participate in experiences
• Host Accounts: For users who create and offer experiences
• Business Accounts: For registered businesses offering experiences

4. Host Responsibilities and Obligations

4.1 Experience Requirements

As a host, you agree to:

• Provide accurate descriptions of your experiences
• Maintain appropriate insurance coverage for your activities
• Comply with all applicable laws and regulations
• Obtain necessary permits and licenses
• Ensure the safety of all participants
• Deliver experiences as described in your listings

4.2 Content and Listings

You are solely responsible for:

• All content you upload, including photos, descriptions, and pricing
• Ensuring your content does not infringe on third-party rights
• Maintaining the accuracy of your listings
• Responding to guest inquiries promptly

4.3 Pricing and Payments

Hosts set their own prices for experiences. We charge a 5% platform fee on completed reservations. M-Pesa processing fees apply separately based on transaction amount and account type (B2C or B2B).

5. Guest Responsibilities and Obligations

5.1 Booking and Participation

As a guest, you agree to:

• Provide accurate information when booking
• Arrive on time for scheduled experiences
• Follow all safety instructions and guidelines
• Respect the host's property and other participants
• Pay all applicable fees and charges

5.2 Cancellation and Refunds

Cancellation policies vary by experience and are set by individual hosts. Refunds are subject to the host's cancellation policy and our platform terms.

6. Payment Terms

6.1 Payment Processing

All payments are processed through M-Pesa. We support both individual (B2C) and business (B2B) payment methods. M-Pesa charges are based on transaction amounts and account types.

6.2 Platform Fees

We charge a 5% platform fee on completed reservations. This fee covers:

• Platform maintenance and updates
• Customer support services
• Payment processing
• Marketing and discovery tools
• Host protection and insurance

6.3 Payouts

Hosts receive payments within 24 hours of completed experiences, minus applicable fees. Payouts are made directly to the host's M-Pesa account.

7. Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose or in violation of any laws
• Post false, misleading, or fraudulent content
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the Service
• Use automated systems to access the Service without permission
• Circumvent any security measures or payment systems
• Post content that violates intellectual property rights
• Engage in any form of discrimination or hate speech

8. Content and Intellectual Property

8.1 User Content

You retain ownership of content you create and upload. By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with the Service.

8.2 Platform Content

The Service and its original content, features, and functionality are owned by Ryfty and are protected by international copyright, trademark, and other intellectual property laws.

9. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information when you use our Service.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

We strive to provide continuous service availability but cannot guarantee uninterrupted access. The Service is provided "as is" without warranties of any kind.

10.2 Third-Party Services

We are not responsible for the actions, content, or services of third parties, including hosts, guests, or payment processors like M-Pesa.

10.3 Limitation of Liability

To the maximum extent permitted by law, Ryfty shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.

11. Indemnification

You agree to indemnify and hold harmless Ryfty and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your profile settings.

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your account and data, though some information may be retained as required by law.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Kenya, without regard to conflict of law principles.

13.2 Dispute Resolution Process

Before pursuing legal action, you agree to first contact us to attempt to resolve any disputes through good faith negotiations.

13.3 Arbitration

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the Arbitration Act of Kenya.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through the Service or by email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ryfty regarding the Service.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Contact Information

If you have any questions about these Terms, please contact us at:

• Email: support@ryfty.net
• Address: Nairobi, Kenya
• Phone: +254 795 739288