1. Definitions

In these Terms of Use, the following definitions apply unless context otherwise requires:

• "Circlepoint," "we," "us," "our" — means Circlepoint Limited, a company incorporated under the Laws of Kenya, with its registered office at P.O. Box 35, 00100, GPO Nairobi, Kenya.
• "Platform" — means the Circlepoint website (www.circlepoint.co.ke), mobile applications, and all associated tools, features, and services offered by Circlepoint.
• "Creator" — means any individual or entity that registers on the Platform to offer, list, sell, or otherwise monetize digital products, services, bookings, subscriptions, donations, or any other creator content.
• "Buyer" / "Customer" — means any individual or entity that accesses the Platform to browse, purchase, subscribe to, or otherwise transact with Creator Content.
• "User" — means collectively Creators and Buyers and any other person accessing the Platform.
• "Creator Content" — means any digital products, e-books, templates, videos, paid newsletters, community memberships, booking sessions, fan donations, and any other goods or services listed by a Creator on the Platform.
• "Transaction" — means any purchase, donation, subscription, or booking conducted through the Platform between a Creator and a Buyer.
• "M-PESA" — means the mobile money service operated by Safaricom PLC, available as a payment method on the Platform.
• "Paystack" — means Paystack Payments Limited, the third-party payment gateway through which Circlepoint processes certain card and digital payments.
• "KYC" — means Know Your Customer, the identity verification process required of Creators before they may withdraw funds from the Platform.

2. Nature of the Platform and Circlepoint's Role

2.1 Circlepoint is a technology platform and Software-as-a-Service (SaaS) provider that enables Creators to monetize their content and services. Circlepoint is not a party to any transaction between a Creator and a Buyer.

2.2 Transactions conducted on the Platform are solely between the Creator and the Buyer. Circlepoint facilitates the payment infrastructure but does not manufacture, sell, supply, or endorse any Creator Content listed on the Platform.

2.3 Circlepoint does not guarantee the quality, accuracy, safety, legality, or delivery of any Creator Content, nor the ability of Buyers to pay or of Creators to deliver as described. Buyers transact at their own discretion and risk subject to the protections afforded under these Terms.

2.4 Circlepoint earns revenue by deducting a platform service fee (currently 4% per transaction) from Creator earnings. This fee is disclosed transparently to Creators at the point of onboarding and may be updated with prior notice.

3. Eligibility and Registration

3.1 Age Requirement. You must be at least eighteen (18) years of age to register on the Platform as a Creator. Buyers must be at least sixteen (16) years of age, or have the express consent of a parent or legal guardian. We reserve the right to request proof of age at any time.

3.2 Legal Capacity. By registering, you represent and warrant that you have the legal capacity to enter into binding agreements under Kenyan law, and that if you register on behalf of a business entity, you have the authority to bind that entity.

3.3 Accurate Information. You agree to provide accurate, current, and complete information during registration and to update such information promptly if it changes. Providing false information is grounds for immediate account suspension.

3.4 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at info@circlepoint.co.ke if you suspect any unauthorized access. Circlepoint will not be liable for any loss arising from your failure to secure your account.

3.5 One Account Per Creator. Each Creator may maintain only one active account. Creating duplicate or fraudulent accounts is prohibited and will result in permanent suspension.

4. Creator Obligations and KYC Verification

4.1 KYC Verification. Before withdrawing any funds from the Platform, Creators must complete our Know Your Customer (KYC) verification process. This includes, but is not limited to:

• Submission of a valid government-issued photo identification (e.g., Kenyan National ID, Passport, or Alien ID);
• Proof of a valid mobile number linked to M-PESA or a verified bank account for fund disbursement;
• For business Creators: a valid Certificate of Incorporation or Business Registration certificate and KRA PIN certificate;
• Any additional documentation that Circlepoint or its payment partners (including Paystack) may reasonably require to comply with Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT) obligations under the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59B, Laws of Kenya) and Central Bank of Kenya (CBK) guidelines.

4.2 Creator Content Standards. Creators represent and warrant that all Creator Content listed on the Platform:

• Is accurately described and will be delivered in the form and manner advertised;
• Does not infringe any third-party intellectual property rights, including copyrights, trademarks, or patents;
• Complies with all applicable Kenyan laws and regulations, including the Kenya Information and Communications Act (Cap. 411A), the Computer Misuse and Cybercrimes Act, 2018, and the Data Protection Act, 2019;
• Does not contain pornographic, obscene, defamatory, fraudulent, or otherwise unlawful content;
• Does not constitute or facilitate money laundering, fraud, or any other financial crime.

4.3 Permitted Products. Creators may only list lawful digital products and services. Prohibited listings include, without limitation: counterfeit goods, pirated content, controlled substances, financial scams or Ponzi scheme memberships, adult or pornographic content, and any content that promotes violence, terrorism, or hatred.

4.4 Tax Compliance. Creators are solely responsible for declaring and remitting all applicable taxes on their income earned through the Platform to the Kenya Revenue Authority (KRA), in compliance with the Income Tax Act (Cap. 470) and any other applicable tax legislation.

5. Payments, Fees, and Disbursements

5.1 Payment Methods. The Platform currently supports M-PESA, debit/credit cards (processed via Paystack), and PayPal (coming soon). Circlepoint reserves the right to add or remove payment methods with reasonable notice.

5.2 Platform Fee. Circlepoint deducts a service fee of 4% per successful transaction from the Creator's earnings. This fee is non-negotiable and is automatically applied before Creator earnings are credited to their Circlepoint balance.

5.3 Payment Processing. Card payments are processed by Paystack Payments Limited, a licensed payment service provider. M-PESA payments are processed via Safaricom PLC. By making or receiving a payment through the Platform, you agree to the terms of the applicable payment processor.

5.4 Creator Disbursements. Creators may request withdrawal of available balances (after applicable platform fees and payment processor charges) to their registered M-PESA number or bank account. Disbursements are typically processed within two (2) to five (5) business days, subject to KYC verification and any applicable security holds.

5.5 Fund Holds. Circlepoint reserves the right to place a temporary hold on Creator funds where: (a) there is a reasonable suspicion of fraudulent activity; (b) a chargeback or dispute has been initiated by a Buyer; (c) KYC requirements have not been satisfied; or (d) required by law or regulatory directive. Circlepoint will notify the Creator of any hold and its expected duration.

5.6 No Buyer Wallets. The Platform does not maintain wallets or stored-value balances on behalf of Buyers. Buyer payments are processed in real-time and remitted to Creator accounts. Buyers do not hold or transfer funds between users on the Platform.

5.7 Currency. All transactions on the Platform are denominated in Kenya Shillings (KES) unless otherwise specified. International card transactions may be subject to currency conversion rates applied by the Buyer's issuing bank or Paystack.

5.8 Refunds & Cancellations. All requests for refunds, cancellations, or transaction reversals are governed by our Refund & Cancellation Policy.

6. Intellectual Property

6.1 Circlepoint's trademarks, logos, software, platform design, and all other intellectual property in the Platform are owned exclusively by Circlepoint Limited and are protected under the Industrial Property Act (Cap. 509) and the Copyright Act (Cap. 130) of Kenya.

6.2 As between you and Circlepoint, you retain all intellectual property rights in your Creator Content. By listing Creator Content on the Platform, you grant Circlepoint a non-exclusive, royalty-free, worldwide license to display, host, and process your content solely for the purpose of operating the Platform.

6.3 You may not scrape, copy, reverse engineer, or create derivative works from the Platform or any part thereof without express written consent from Circlepoint.

7. Data Protection and Privacy

7.1 Circlepoint processes personal data in accordance with the Data Protection Act, 2019 (Kenya) and the regulations made thereunder. By using the Platform, you consent to the collection, processing, and storage of your personal data as described in our Privacy Policy.

7.2 Creators have access to Customer data (including names, emails, and transaction records) collected through the Platform solely for the purposes of fulfilling orders, delivering creator content, and building their audience relationships. Creators must not sell, share, or misuse Customer data in violation of the Data Protection Act, 2019.

7.3 Circlepoint implements reasonable technical and organisational measures to protect your data. However, no system is entirely secure and Circlepoint cannot guarantee absolute data security.

8. Prohibited Conduct

Users must not use the Platform to:

• Engage in or facilitate any fraudulent, deceptive, or unlawful transactions;
• Circumvent, disable, or interfere with the Platform's security features;
• Upload malicious software, viruses, or any code designed to damage the Platform or its users;
• Engage in money laundering, terrorist financing, or any conduct prohibited under Kenyan financial laws;
• Impersonate Circlepoint, another User, or any third party;
• Harvest other Users' personal data without consent;
• Create or operate fake, bot-generated, or duplicate accounts;
• Attempt to manipulate reviews, ratings, or transaction histories;
• Post Creator Content that is pornographic, violently extremist, or promotes illegal discrimination.

Violation of the above may result in immediate account suspension, fund holds, reporting to relevant authorities, and civil or criminal liability.

9. Limitation of Liability and Indemnification

9.1 Limitation. To the maximum extent permitted by applicable Kenyan law, Circlepoint's total aggregate liability to any User arising out of or in connection with the Platform or these Terms shall not exceed the total platform fees paid by (or on behalf of) that User in the six (6) months immediately preceding the event giving rise to the claim.

9.2 Exclusion. Circlepoint shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of revenue, loss of data, or business interruption, arising out of your use of or inability to use the Platform.

9.3 Indemnification. You agree to defend, indemnify, and hold harmless Circlepoint Limited, its directors, officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform; (b) your Creator Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

10. Suspension and Termination

10.1 Circlepoint may suspend or terminate your account, with or without notice, for any violation of these Terms, for non-compliance with KYC requirements, for suspected fraud or financial crime, or where required by law.

10.2 Upon termination, Creators will have access to withdraw any verified available balances (after deduction of any amounts owed to Circlepoint or outstanding disputes) within thirty (30) days, provided all KYC requirements are satisfied.

10.3 You may close your account at any time by contacting us at info@circlepoint.co.ke. Closure does not entitle you to a refund of any platform fees already deducted.

11. Governing Law and Dispute Resolution

11.1 These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Kenya.

11.2 Any dispute arising out of or in connection with these Terms shall first be submitted to mediation. If mediation fails within thirty (30) days, the dispute shall be referred to the courts of Kenya with jurisdiction in Nairobi.

11.3 Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a competent court.

For detailed dispute procedures, please refer to our Dispute Resolution Policy.

12. Amendments

Circlepoint reserves the right to amend these Terms of Use at any time. Amended Terms will be posted on the Platform with a revised effective date. Continued use of the Platform after the effective date of amended Terms constitutes acceptance of the changes. Material changes will be communicated to registered Users via email at least fourteen (14) days before they take effect.

13. Contact Information