Terms & Conditions

Last updated: October 5, 2024

1. Acceptance of Terms

By accessing and using Akometsi, you accept and agree to be bound by the terms and provision of this agreement.

Welcome to Akometsi. These Terms and Conditions ("Terms") govern your access to and use of the Akometsi platform, including our website, mobile applications, and services (collectively, the "Service").

By creating an account or using our Service, you agree to comply with and be legally bound by these Terms. If you do not agree to these Terms, please do not use our Service.

Important: These Terms include an arbitration clause and class action waiver that affects your legal rights. Please read them carefully.

2. User Accounts

Account registration, security, and responsibilities

2.1 Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

2.3 Age Requirements

You must be at least 13 years old to create an account and use our Service. By creating an account, you represent that you meet this age requirement.

3. Content & Copyright

Intellectual property rights and content ownership

3.1 Your Content

You retain all rights to the content you upload, post, or display on or through the Service ("Your Content"). By uploading Your Content, you grant Akometsi a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, and display Your Content for the purpose of operating and providing the Service.

3.2 Content Standards

You agree that Your Content will not:

  • Infringe any third party's intellectual property rights
  • Contain illegal, obscene, or offensive material
  • Violate any applicable laws or regulations
  • Contain viruses or malicious code
  • Impersonate any person or entity

3.3 Platform Content

All content provided by Akometsi, including but not limited to text, graphics, logos, and software, is owned by Akometsi or its licensors and is protected by copyright and other intellectual property laws.

3.4 Exclusivity of Content

Creators may not upload the same content to other premiere-style platforms during its premiere period on Akometsi.

Once the premiere ends, creators may distribute their content elsewhere (e.g., YouTube, Spotify, etc.).

3.5 Liability for Content

Content Creators are solely responsible for ensuring they hold the rights to the content they upload.

Akometsi shall not be held liable for copyright disputes, claims, or misuse of third-party intellectual property.

3.6 Content Safety

While we make efforts to check uploaded content for compliance, we cannot guarantee that all content is suitable for every user. Users are advised that the platform is suitable for ages 13 and above.

4. Payments & Refunds

Payment processing, fees, and refund policies

4.1 Payment Processing

All payments are processed through secure third-party payment processors. By making a purchase, you agree to provide accurate payment information and authorize us to charge your chosen payment method.

4.2 Platform Fees

Akometsi charges a 5 - 10% commission on all transactions to the content creator. This fee covers platform maintenance, payment processing, and support services. Creators receive the remaining percentage of the sale price after fees are deducted.

The exact percentage may depend on the type of content, agreement terms, or platform policies.

4.3 Refund Policy

Refunds are handled on a case-by-case basis. Generally, digital content purchases are non-refundable once access has been granted. Event ticket refunds must be requested at least 48 hours before the event start time.

4.4 Creator Payouts

Creators can request payouts at anytime from their creator dashboard. Payouts are processed within 5-7 business days. Akometsi reserves the right to hold funds for up to 30 days for fraud prevention.

5. User Conduct

Acceptable use and prohibited activities

You agree not to use the Service to:

  • Violate any laws or regulations
  • Infringe upon the rights of others
  • Harass, abuse, or harm another person
  • Impersonate any person or entity
  • Upload viruses or malicious code
  • Spam, phish, or engage in fraudulent activities
  • Scrape or harvest data from the Service
  • Attempt to gain unauthorized access to the Service
  • Interfere with the proper functioning of the Service
  • Encourage or enable any violations of these Terms

6. Termination

Account termination and suspension policies

6.1 Termination by You

You may terminate your account at any time by contacting our support team. Upon termination, you will lose access to your account and any associated content.

6.2 Termination by Akometsi

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

6.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Akometsi DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Akometsi SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

10. Governing Laws

These Terms are governed by and construed under the laws of Malawi. Any disputes shall be subject to the exclusive jurisdiction of the courts of Malawi.

11. Contact Information

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

  • Email: support@akometsi.com
  • Address: Lilongwe, Malawi