1. Who we are & eligibility

• SmartDuka is a marketplace/storefront + lightweight POS for the EAC (Kenya, Tanzania, Uganda, Rwanda, Burundi, South Sudan, DRC, Somalia). NashIntelli provides the software; you are the merchant of record for your goods/services.
• You must be ≥18 and able to contract under EAC law, and licensed to sell what you list in each town/country you serve. If creating a store for a business, you have authority to bind it.
• You are responsible for licences, tax (VAT/withholding/excise), consumer-protection and product compliance in each market.

2. Accounts & security

• Sign-in: phone OTP, email/password, or Google Sign-In via Firebase Auth. Provide accurate store/contact info and keep it current.
• You are responsible for all activity under your account. Keep OTP/password and device secure; notify us of unauthorised use.
• One store per account at a time (limits by plan). Reselling/transferring accounts without consent is prohibited.
• We may require verification (phone/document) to prevent fraud.

3. What SmartDuka provides (and does not)

• Provides: store creation (name, number/till, colour, logo/banner), product/service listings with photos, multi-currency pricing (KES/TZS/UGX/RWF/BIF/SSP/CDF), units & rateType (fixed/hourly/per_unit), town/country & Near Me discovery, category & AI (Gemini) search (Pro/Elite), Featured slider (5), accounting/wallet that reconciles mobile-money SMS, offline SQLite + Firestore sync, notifications, AI Agents/KnowledgeBase.
• Does not: SmartDuka is not a licensed payment service provider, bank or money transmitter. We do not hold funds, settle M-Pesa/Tigo/Airtel/MTN transfers, or guarantee payment. Payments move directly between buyer and seller via their providers.
• SmartDuka is not a party to the sale between you and your customers. Fulfilment, quality, delivery, warranties and returns are solely between you and the buyer.

4. Seller obligations — listings, pricing, inventory

• Truthful listings: titles, descriptions, prices, stock, images, town/country and availability must be accurate and lawful. No counterfeit or illicit goods/services.
• Pricing & currency: display correct total price in applicable currency. Hourly/per_unit rates must clearly state what is included and conditions.
• Images: you own or have rights to all photos (≤3/listing). No misleading stock images.
• Inventory: keep stock accurate; overselling due to stale inventory is your responsibility.
• Location: choose correct town/country. Misrepresenting location to rank elsewhere may lead to delisting.
• Featured (Pro): up to 5 Featured items in slider + priority discovery. Abuse (rotating misleading Featured) may be moderated.

5. Mobile money, SMS & payments

• Parsing is filtered to known mobile-money sender IDs; other SMS is ignored and not uploaded.
• “Verified” badge means a review is linked to a parsed payment — not an identity or payment guarantee.
• Operator SMS/transfer fees apply per your mobile provider, not NashIntelli.
• You authorise storage of raw SMS you keep for audit under your store (see Privacy Policy).
• SMS may fail due to signal, dual-SIM or OS restrictions; you remain responsible for reconciling sales.

6. Plans, fees, Featured & trials

• Fees shown at checkout before purchase; billed via Google Play / App Store or M-Pesa where offered. Taxes included or stated separately.
• Subscriptions auto-renew per store policy; cancel in the store before renewal to avoid next charge.
• No refunds except where required by law or the store’s policy. Downgrades take effect at period end.
• We may change limits/fees with 30 days’ notice; you may cancel before the change applies.

7. User content, licence & IP

• Ownership: you retain ownership of content you upload (store profile, listings, images, KnowledgeBase notes, agent instructions).
• Licence to us: worldwide, non-exclusive, royalty-free to host, cache, transcode, display and distribute your content to operate SmartDuka, including search indexing and CDN. Ends when content is deleted (caches propagate within reasonable time).
• Licence to users: other users may view your public listings/store profile for discovery.
• Our IP: SmartDuka code, design, atom mark, brand red #3B0A0A and related marks are owned by NashIntelli. Your store colour/logo remains yours — app shell does not override store.color.
• Do not copy, scrape, reverse-engineer, or misuse SmartDuka.

8. AI search & Agents

• Gemini search and Agents run on content you provide and public listings. Output may be imperfect — review AI replies for accuracy, especially prices, availability and instructions.
• Do not use Agents to send spam, mislead or violate law.
• We do not use private store data to train foundation models.

9. Prohibited conduct

You agree not to:

• List illegal, hazardous, counterfeit, tobacco/alcohol without licence, weapons, drugs, or adult services where prohibited;
• Misrepresent identity, location, stock or pricing; engage in price gouging, bait-and-switch or fake reviews;
• Upload malware, infringing, defamatory, hateful or deceptive content;
• Bypass listing limits, spam, scrape, abuse rate limits, or interfere with Firestore rules/SMS flows;
• Collect other users’ data without consent or violate privacy/data-protection laws.

10. Reviews & verified badges

• Customers may leave ratings. “Verified” marks only when linked to a parsed mobile-money payment — helpful for trust, not an endorsement.
• Do not solicit/fabricate reviews or coerce verified payments. We may remove reviews that violate policy or law.

11. Third-party services & links

Integrates: Google Firebase (Auth/Firestore/Storage/Functions), Google Sign-In, Gemini via Firebase AI Logic, Expo, and mobile-money providers (Safaricom, Tigo, Airtel, MTN) via SMS. Their terms/privacy apply. Links are not endorsements.

12. Availability, offline & updates

• We aim for high availability but do not guarantee uninterrupted service. Offline SQLite cache lets you view/manage recent data without signal; sync resumes when online.
• We may update the App to add features, patch security or comply with Play/App Store policies.
• We may adjust rate limits, ranking and moderation to keep discovery fair across EAC towns (from Githurai to Kariakoo, Ntinda to Nyamirambo).

13. Suspension & termination

• You: delete anytime via Profile → Settings → Delete Account, or email support@smartduka.firebase.app. Data removed per Privacy Policy, subject to legal retention.
• We: may suspend/terminate accounts/listings that violate Terms, law or app-store rules, or pose risk — with notice where feasible.
• Licence ends on termination; we may retain anonymised analytics and legally required records.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, TITLE AND ACCURACY. WE DO NOT WARRANT THAT LISTINGS, PRICES, AI SEARCH, SMS PARSING OR VERIFIED BADGES ARE ERROR-FREE.

Payment settlement, goods quality, delivery and customer disputes are your responsibility as merchant. Verify payments with your mobile-money statement before releasing goods.

15. Limitation of liability

To the maximum extent permitted by law, NashIntelli and its affiliates/suppliers are not liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or goodwill.

Aggregate liability is limited to the greater of (a) amount you paid us in the 6 months preceding the claim, or (b) KES 15,000 (or equivalent in TZS/UGX/RWF). Some jurisdictions do not allow certain limits — the minimum permitted applies.

16. Indemnity

You indemnify and hold harmless NashIntelli against claims, damages, losses and expenses (including reasonable legal fees) arising from your listings, products/services, content, misuse of SMS/location, or violation of Terms or law.

17. Disputes & governing law

• Contact us first to resolve informally via support@smartduka.firebase.app.
• Governed by laws of Kenya (conflicts-of-law excluded); where you reside elsewhere in the EAC, mandatory local consumer law also applies. Where permitted, Nairobi courts have non-exclusive jurisdiction. EU/UK consumers retain mandatory rights. Store dispute mechanisms (Play/App Store) may also apply.

18. Changes

We may update these Terms. New version posted with new “Last updated” date; material changes notified in-app or by email. Continued use after effective date is acceptance. If you disagree, stop using and delete account.

19. General

• Entire agreement: these Terms + Privacy Policy.
• Severability: if a clause is unenforceable, the rest remains.
• Waiver: delay in enforcing does not waive rights.
• Assignment: you may not assign without consent; we may assign on reorganisation with notice.