These Terms and Conditions ("Terms") govern your access to and use of the SOKOSPOT platform, including the website, mobile application, and all related services (collectively, the "Platform") operated by SOKOSPOT LIMITED, a company incorporated under the laws of Kenya ("SOKOSPOT", "we", "us", or "our").

By registering an account or using the Platform, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Platform.

These Terms are governed by the laws of Kenya, including:

• The Kenya Information and Communications Act (Cap. 411A)
• The Consumer Protection Act, 2012
• The Data Protection Act, 2019
• The Computer Misuse and Cybercrimes Act, 2018
• The Business Registration Service Act, 2015
• The Proceeds of Crime and Anti-Money Laundering Act (POCAMLA)

3.1 You must be at least 18 years of age to use the Platform.

3.2 By accepting these Terms, you represent and warrant that you are at least 18 years old; you are a resident of or operating a business in Kenya or have legal capacity to enter into a binding agreement under Kenyan law; you are not barred from using the Platform under any applicable law; and all information you provide is accurate and truthful.

3.3 SOKOSPOT reserves the right to verify your identity and eligibility at any time and to suspend or terminate your account if you do not meet these requirements.

4.1 To access certain features, you must register an account. During registration, you are required to provide a unique username, a valid email address, and your full name.

4.2 You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

4.3 You agree to notify SOKOSPOT immediately at sokospot@sokospot.co.ke if you suspect any unauthorised use of your account.

4.4 SOKOSPOT will not be liable for any loss or damage arising from your failure to protect your account credentials.

4.5 You may not create more than one account without our prior written permission.

5.1 Seller Obligations. Sellers must list only legitimate, legal products and places; ensure all Listing information is accurate and not misleading; hold all required licences and permits; and respond promptly to Buyer enquiries.

5.2 Optional Business Information. Sellers may voluntarily add business phone numbers, WhatsApp numbers, or email addresses to their shop profile. By doing so, Sellers acknowledge that this information will be publicly visible to all users of the Platform. Provision of this information is entirely optional.

5.3 Prohibited Listings. Sellers must not list counterfeit or stolen goods; items that infringe intellectual property rights; illegal substances or weapons; adult, obscene, or pornographic material of any kind; or any product or service that violates Kenyan law.

5.4 SOKOSPOT reserves the right to remove any Listing at its sole discretion without prior notice.

6.1 Buyers are responsible for conducting their own due diligence before engaging with any Seller.

6.2 SOKOSPOT is a marketplace platform and does not directly sell any products or services. Transactions and disputes between Buyers and Sellers are solely between those parties.

6.3 SOKOSPOT does not guarantee the quality, safety, legality, or accuracy of any Listing or the ability of Sellers to complete a transaction.

7.1 Sellers may upload short video content ("Spots") to showcase their products or places, subject to the following limits:

7.2 By uploading a Spot, you grant SOKOSPOT a non-exclusive, royalty-free, worldwide licence to display, distribute, and promote the Spot on the Platform for the duration your account is active.

7.3 Spots must feature only legitimate business products or places; must not contain nudity, sexual content, violence, or hate speech; and must not infringe any third-party intellectual property rights (including music or copyrighted footage).

7.4 SOKOSPOT reserves the right to remove any Spot at its sole discretion.

8.1 Featured Ads. SOKOSPOT offers a carousel advertising feature on the Platform homepage, allowing Sellers to promote their businesses and products via images for a fee.

8.2 Boost Services. Sellers may pay to "Boost" their Listings, increasing their visibility on the Platform and on third-party social media platforms (including Facebook and Instagram).

8.3 Payment for Boost and advertising services is processed exclusively via M-Pesa.

8.4 No Refunds. All payments for Boost and advertising services are non-refundable once the campaign has commenced, except where a technical failure attributable solely to SOKOSPOT prevented the campaign from running, or where required by Kenyan consumer protection law.

8.5 SOKOSPOT does not guarantee specific results (impressions, clicks, or conversions) from any Boost or advertising campaign.

9.1 SOKOSPOT offers subscription plans that unlock additional features for Sellers. Subscription fees are payable via M-Pesa on a recurring basis.

9.2 By subscribing, you authorise SOKOSPOT to collect recurring payments from your M-Pesa account at the applicable subscription interval.

9.3 You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No partial refunds will be issued for unused portions of a billing period unless required by law.

9.4 SOKOSPOT reserves the right to modify subscription pricing with 30 days' prior notice to subscribers.

10.1 SOKOSPOT provides in-app messaging, WhatsApp integration, and email contact features to facilitate communication between Buyers and Sellers.

10.2 Users must not use Platform communication features to send spam, unsolicited marketing, or harassing messages; conduct fraudulent transactions or phishing attempts; share illegal, abusive, or defamatory content; or solicit Users to transact outside the Platform in a manner that circumvents SOKOSPOT's terms.

10.3 SOKOSPOT may monitor communications on the Platform to the extent permitted by law for safety, fraud prevention, and legal compliance purposes.

11.1 Your Content. You retain ownership of all Content you upload. By uploading Content, you grant SOKOSPOT a non-exclusive, royalty-free, sublicensable, worldwide licence to use, reproduce, display, and distribute your Content for the purpose of operating and promoting the Platform.

11.2 SOKOSPOT's Intellectual Property. All trademarks, logos, and Platform software belonging to SOKOSPOT are the exclusive property of SOKOSPOT LIMITED. You may not use, reproduce, or distribute any SOKOSPOT intellectual property without prior written consent.

11.3 Image Watermarking. Product and place images uploaded to the Platform may be watermarked with SOKOSPOT branding for marketplace display purposes.

11.4 You are solely responsible for any Content you post and warrant that it does not infringe any third-party intellectual property rights or violate any applicable law.

You agree not to:

• Impersonate any person or misrepresent your affiliation with any entity
• Use the Platform for any fraudulent, illegal, or unauthorised purpose
• Attempt to gain unauthorised access to any part of the Platform or its infrastructure
• Introduce malware, viruses, or any harmful code to the Platform
• Scrape, crawl, or harvest data from the Platform without written consent
• Circumvent any security, access control, or content filtering mechanisms
• Upload pornographic, obscene, hateful, discriminatory, or inappropriate material
• Engage in any conduct that could damage the reputation of SOKOSPOT or its Users

SOKOSPOT is not liable for data loss caused by infrastructure-level failures of Google Cloud or Cloudflare, provided SOKOSPOT has taken reasonable precautions.

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, express or implied. SOKOSPOT does not warrant that the Platform will be uninterrupted, error-free; that defects will be corrected; or that any Listing, Seller, or Buyer is legitimate or reliable.

15.1 To the fullest extent permitted by Kenyan law, SOKOSPOT shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of the Platform.

15.2 SOKOSPOT's total aggregate liability to you for any claim arising under these Terms shall not exceed the total amount paid by you to SOKOSPOT in the three (3) months preceding the event giving rise to the claim.

15.3 Nothing in these Terms limits SOKOSPOT's liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation.

You agree to indemnify, defend, and hold harmless SOKOSPOT LIMITED and its officers, directors, employees, agents, and successors from any claim, loss, liability, damage, cost, or expense (including reasonable legal fees) arising from your breach of these Terms; your use of the Platform; your Content; or your violation of any applicable law or third-party right.

17.1 SOKOSPOT may suspend or terminate your account at any time, with or without notice, if you breach these Terms or if required to do so by applicable law.

17.2 You may delete your account at any time by contacting sokospot@sokospot.co.ke. Upon deletion, your personal data will be handled in accordance with the Privacy Policy.

17.3 On termination, any outstanding payment obligations survive termination and remain enforceable.

18.1 SOKOSPOT reserves the right to amend these Terms at any time. We will provide at least 14 days' notice of material changes by email or prominent notice on the Platform.

18.2 Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms.

19.1 You agree to first attempt to resolve any dispute with SOKOSPOT informally by contacting sokospot@sokospot.co.ke.

19.2 If the dispute is not resolved within 30 days, either party may refer the matter to the courts of Kenya. These Terms shall be governed by and construed in accordance with the laws of Kenya, and the parties submit to the exclusive jurisdiction of the Kenyan courts.

Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and SOKOSPOT with respect to the Platform.

No Waiver. SOKOSPOT's failure to enforce any provision shall not constitute a waiver of that provision.

Assignment. You may not assign your rights or obligations under these Terms without SOKOSPOT's prior written consent.

Last reviewed by SOKOSPOT LIMITED on 12 March 2026.