Terms and Conditions

1. Introduction and Acceptance

Welcome to The Applaya ("Applaya," "the Platform," "we," "us," or "our"), operated by [LEGAL ENTITY NAME], a company registered in Zimbabwe. These Terms and Conditions ("Terms") govern your access to and use of the Applaya website, mobile applications, and all related services (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy, incorporated by reference. If you do not agree, you must not use the Services.

If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Definitions

• "Learner" means a user who browses, enrolls in, or purchases access to Courses or Communities.
• "Creator" means a user who has been approved to publish Courses, operate Communities, or otherwise offer paid or free content through the Platform.
• "Course" means any structured educational content, including chapters, lessons, videos, downloadable resources, and assessments, published by a Creator.
• "Community" means a group space hosted on the Platform, including its feed, chat channels, membership, and associated content, operated by a Creator.
• "Content" means any text, video, image, audio, comment, message, or other material submitted, posted, or made available through the Services by any user.
• "Platform Fee" or "Commission" means the percentage of each transaction retained by Applaya as described in Section 8.

3. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account and use the Services independently. If applicable local law permits use by a minor with parental or guardian consent, that consent must be obtained and documented before the minor uses the Services, and the consenting adult accepts responsibility for the minor's use of the Platform. Applaya does not knowingly permit account creation by anyone below this threshold without such consent, and any account found to violate this section may be suspended or terminated.

4. Account Registration and Security

You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [SUPPORT EMAIL] if you suspect unauthorized use of your account.

Applaya supports account creation via email/password and Google sign-in. You are responsible for securing whichever method you use to access your account.

5. User Roles

5.1 Learners

Learners may browse public content, join free or paid Communities, purchase Courses, participate in Community feeds and chat, track their learning progress, and receive Certificates upon eligible course completion (see Section 12).

5.2 Creators

Creators may apply to publish Courses and operate Communities. Creator applications are subject to review and approval by Applaya, and approval may be revoked at Applaya's discretion for violations of these Terms, the Acceptable Use Policy (Section 10), or applicable law. Creators are independent providers of their own content and are solely responsible for the accuracy, legality, and quality of the Courses and Communities they publish.

5.3 Administrators

Applaya-designated administrators may moderate content, manage disputes, verify Creator applications, feature content, and enforce these Terms across the Platform.

6. Creator Content Ownership and License

Creators retain ownership of the intellectual property rights in the Content they upload, subject to the license granted below. By publishing Content on Applaya, a Creator grants Applaya a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, distribute, and promote that Content for the purpose of operating, marketing, and improving the Services — including in promotional materials, on the Platform's discovery/landing pages, and through Creator-initiated promotional tools (see Section 15).

This license ends when the Creator removes the Content or closes their account, except to the extent Content has already been shared, cached, or lawfully retained by other users (e.g., a Learner's own copy of downloaded course materials they were entitled to access) or as required for Applaya's legitimate business records (e.g., transaction and payout history).

Creators represent and warrant that they own or have obtained all necessary rights, licenses, and permissions for the Content they publish, and that such Content does not infringe any third party's intellectual property, privacy, or other rights.

7. Learner Payments

7.1 Courses

Courses are sold as one-time purchases. Upon successful payment, the Learner is granted access to the purchased Course in accordance with any access limitations set by the Creator (e.g., lifetime access, or a defined access period, as disclosed at the time of purchase).

7.2 Communities

Paid Communities are offered on a recurring monthly subscription basis. By subscribing to a paid Community, you authorize Applaya to charge your selected payment method on a recurring basis until you cancel. [IF/WHEN AUTOMATED RECURRING BILLING IS LIVE: charges are processed automatically each billing period. IF MANUAL RENEWAL APPLIES TO CERTAIN PAYMENT METHODS: for mobile money payment methods that do not support automated recurring billing, you will be notified in advance of each renewal and must complete payment manually to maintain access; a grace period of [X] days applies before access is suspended.] This section should be finalized to accurately reflect the billing mechanism actually in place at launch — do not describe billing as fully automatic unless it is.

7.3 Payment Processing

Payments are processed through Paynow and its supported methods (including card payments, EcoCash, and OneMoney). Applaya does not store your full payment card or mobile money credentials; these are handled by our payment processor in accordance with its own security standards. You are responsible for ensuring your payment details are accurate and your account has sufficient funds.

7.4 Currency

Prices are set by Creators and displayed in [PRIMARY CURRENCY, e.g., USD], with local currency estimates shown for convenience where applicable. Estimated local-currency amounts are indicative only and may differ from the amount actually charged due to exchange rate fluctuations; the amount charged in the transaction currency is authoritative.

7.5 Refunds

[TO BE FINALIZED WITH THE BUSINESS: state your actual refund policy — e.g., "Course purchases are eligible for a refund within [X] days of purchase if less than [Y]% of the course has been completed, at Applaya's discretion" or "All sales are final except as required by law." Community subscription refunds should separately address mid-cycle cancellations.] Refund requests should be submitted to [SUPPORT EMAIL]. Approved refunds will be processed to the original payment method within [X] business days.

8. Creator Monetization, Commission, and Payouts

8.1 Platform Commission

Applaya retains a percentage of each successful Course or Community transaction as a Platform Fee. The applicable rate depends on the Creator's plan:

• Free Plan: 15% of each transaction.
• Creator Pro Plan: 8% of each transaction, available for a recurring monthly subscription fee as displayed at the time of upgrade.

Applaya reserves the right to change these rates with at least [30] days' notice to active Creators; changed rates will apply to transactions occurring after the effective date and will not be applied retroactively to completed transactions.

8.2 Creator Pro Subscription

The Creator Pro plan is itself a recurring subscription, billed monthly, and is subject to the same billing and cancellation principles described in Section 7.2. Downgrading from Creator Pro to the Free plan takes effect at the end of the current billing period; the higher commission rate applies to transactions from that point forward.

8.3 Payouts

Creator earnings, net of the applicable Platform Fee, accrue to the Creator's available balance. Payouts are processed [manually by Applaya administrators / on a scheduled basis — TO BE CONFIRMED] following a payout request submitted by the Creator. Applaya may set a minimum payout threshold and reasonable processing timeframes, which will be disclosed in the Creator dashboard. Applaya reserves the right to withhold or delay a payout where there is a reasonable, good-faith suspicion of fraud, chargeback risk, or a violation of these Terms, pending investigation.

8.4 Taxes

Creators are solely responsible for determining, collecting (where applicable), and remitting any taxes owed on their earnings under the law of their jurisdiction. Applaya does not act as a Creator's tax agent and does not provide tax advice.

9. Certificates

Certificates issued upon Course completion reflect completion of that specific Course's requirements as defined by the Creator (and, where applicable, passing any required assessments). Certificates are not a formal academic qualification, are not accredited by any educational authority, and do not represent a professional license or credential unless explicitly and separately stated by the issuing Creator. Certificate authenticity may be verified through Applaya's public certificate verification tool.

10. Acceptable Use Policy

You agree not to, and not to assist others to:

• Post or transmit Content that is unlawful, defamatory, obscene, harassing, hateful, discriminatory, or that infringes any third party's intellectual property or privacy rights;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Use the Platform to distribute spam, malware, or unsolicited commercial communications;
• Circumvent the Platform's payment systems to transact with a Creator or Learner outside the Services in a manner intended to avoid the Platform Fee;
• Scrape, reverse-engineer, or use automated means to access the Services beyond normal, permitted browsing use;
• Attempt to gain unauthorized access to any account, system, or data;
• Manipulate points, leaderboard rankings, referral tracking, or any other engagement or growth mechanism through fraudulent or automated means;
• Upload Content depicting or facilitating harm to minors, violence, or illegal activity.

Violations may result in content removal, account suspension, termination, forfeiture of pending payouts associated with fraudulent activity, and, where applicable, referral to law enforcement.

11. Community Guidelines

Each Community may set additional rules ("Community Rules") governing conduct within that specific Community, established by its Creator. Community Rules must not conflict with these Terms. Applaya reserves the right to moderate any Community, remove Content, or remove members in cases of Platform-wide policy violations, regardless of a Community's individual rules.

12. Intellectual Property

The Applaya name, logo, platform design, and underlying software are the property of Applaya and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use Applaya's trademarks or branding without prior written consent.

12.1 Copyright Complaints

If you believe Content on the Platform infringes your copyright, submit a notice to [DESIGNATED COPYRIGHT AGENT / EMAIL] including: identification of the copyrighted work, identification of the allegedly infringing material and its location on the Platform, your contact information, a statement of good-faith belief that the use is unauthorized, and a statement of accuracy under penalty of perjury with your signature. Applaya will investigate and may remove or disable access to the reported Content.

13. Third-Party Services

The Services rely on third-party providers, including but not limited to Paynow (payment processing), Supabase (data infrastructure), and social media platforms accessible through the Platform's promotional/sharing tools. Applaya is not responsible for the availability, performance, or practices of these third-party services, which are governed by their own terms and privacy policies.

14. Privacy and Data Protection

Our collection, use, and protection of your personal information is described in our separate Privacy Policy, which forms part of these Terms. Applaya processes personal data in a manner intended to comply with applicable data protection law, including Zimbabwe's Data Protection Act. [THIS SECTION REQUIRES CONFIRMATION FROM LEGAL COUNSEL AS TO SPECIFIC COMPLIANCE OBLIGATIONS, INCLUDING ANY CROSS-BORDER DATA TRANSFER PROVISIONS GIVEN USE OF SUPABASE/CLOUD INFRASTRUCTURE.]

15. Creator Promotional Tools

Applaya may provide Creators with tools to generate promotional content, trackable links, and shareable assets for use on third-party social platforms (e.g., TikTok, Instagram, Facebook, X, WhatsApp). Creators are solely responsible for complying with the terms of service, advertising standards, and content policies of any third-party platform on which they choose to share such content. Applaya does not guarantee outcomes (clicks, conversions, follower growth) from use of these tools.

16. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT WHERE SUCH DISCLAIMERS ARE NOT PERMITTED BY LAW. Applaya does not guarantee that Course content will achieve any particular learning outcome, that a Community will meet a Learner's expectations, or that the Services will be uninterrupted, secure, or error-free.

Applaya is not responsible for the conduct, content, advice, or offerings of any Creator, and Creator Content does not represent Applaya's endorsement unless explicitly stated.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLAYA AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES. APPLAYA'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO APPLAYA IN THE [12] MONTHS PRECEDING THE CLAIM, OR (B) [FIXED AMOUNT TO BE SET WITH COUNSEL].

Nothing in these Terms limits liability that cannot lawfully be limited or excluded, including liability for fraud or willful misconduct.

18. Indemnification

You agree to indemnify and hold harmless Applaya from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms, your Content, or your violation of any law or third-party right.

19. Termination

You may close your account at any time through your account settings or by contacting [SUPPORT EMAIL]. Applaya may suspend or terminate your account, with or without notice, for violation of these Terms, suspected fraudulent activity, or as required by law. Upon termination, your right to access the Services ceases; provisions of these Terms that by their nature should survive termination (including Sections 6, 8.4, 12, 16, 17, and 18) will continue to apply.

20. Changes to These Terms

Applaya may update these Terms from time to time. Material changes will be notified to users through the Platform or by email at least [X] days before taking effect. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

21. Governing Law and Dispute Resolution

These Terms are governed by the laws of Zimbabwe, without regard to conflict-of-law principles. [TO BE CONFIRMED WITH COUNSEL: specify dispute resolution mechanism — e.g., "Any dispute arising under these Terms shall first be addressed through good-faith negotiation, and if unresolved within [X] days, shall be submitted to the courts of Zimbabwe with jurisdiction in Harare" or an arbitration clause if preferred.]

22. General Provisions

• Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• Entire Agreement: These Terms, together with the Privacy Policy and any Community Rules, constitute the entire agreement between you and Applaya regarding the Services.
• No Waiver: Applaya's failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without Applaya's consent; Applaya may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Applaya is not liable for delays or failures in performance resulting from causes beyond its reasonable control, including power or internet outages, which are acknowledged as a relevant operating consideration in the markets Applaya serves.

23. Contact

Questions about these Terms can be directed to:

[LEGAL ENTITY NAME]
[REGISTERED ADDRESS]
[SUPPORT EMAIL]