Terms of Use — Bikwayé

⚖️ Draft to be validated by a lawyer (applicable law, jurisdiction, mediation, status of the platform, VAT, hosting provider liability). Version [0.1 — draft], [date]. This English version is a translation of the French text, which prevails in case of discrepancy.

1. Purpose

These terms govern access to and use of the Bikwayé mobile app (“the Service”), published by Kamersoft (“Kamersoft”, “we”). By creating an account, you accept them, together with the Privacy Policy.

Bikwayé is a platform that puts people in touch: members publish offers and requests, talk to each other, broadcast live sessions and, when the listing allows it, place orders. Kamersoft is neither seller, nor buyer, nor party to the contract concluded between members [qualification to be confirmed].

2. Access to the Service

2.1 Age. The Service is reserved for people aged [18] and over who have legal capacity to enter into contracts.

2.2 Account. An account is identified by a mobile phone number that you hold; every sign-in is confirmed by a one-time code received by SMS. You are responsible for keeping your phone and your SIM card safe. One account per person; a business uses a Business profile. Guest access, without a phone number, lets you browse listings without publishing or messaging.

2.3 Accuracy. The information in your profile must be accurate and kept up to date. A business may ask to be verified; the “verified business” status results from a decision of our team, can be revoked, and is not a guarantee by Kamersoft of that business’s transactions [to be confirmed].

2.4 Countries. The Service is offered in Cameroon, Côte d'Ivoire, Senegal, Burkina Faso, Mali and Niger. Any other country the app may show during its testing phase is there only to test it and is not offered.

2.5 Device. The Service is provided for Android, in French and English. Some features require a connection of sufficient quality (live sessions, video upload).

3. Content published by members

3.1 Your content. You remain the owner of the content you publish (listings, photos, videos, voice messages, comments, live sessions). For as long as it is published and worldwide, you grant us a non-exclusive, free licence to host, reproduce, technically adapt (thumbnails, resizing, reformatting, computing search fingerprints) and display it to other members, for the sole purposes of the Service.

3.2 What is forbidden. Publishing content that is unlawful, misleading, counterfeit, harmful to others or to their privacy; selling goods or services whose sale is prohibited [indicative list: weapons, narcotics, medicines without authorisation, protected species, false documents, sexual content, third parties’ personal data…]; impersonating anyone; harassing, threatening; bypassing security measures; collecting other members’ data; using bots.

3.3 Listing assistant. The assistant suggests a draft from your photos, video or voice, using an artificial intelligence service. You check and correct the suggestion before publishing; you alone are responsible for the published content. The assistant can get the category, the brand or the price wrong; the price range shown is an observation of comparable listings, never a recommendation.

3.4 Background music. The tracks offered come from a catalogue whose licences (CC0, CC-BY, commercial) are held by Kamersoft; an attribution is shown when the licence requires it. You cannot upload your own music. A track may be withdrawn at any time (in particular following a rights claim), including from the listings that use it.

3.5 Moderation. We may remove content, a special offer or a track, refund or cancel a promotion, restrict a live session, suspend or delete an account or a profile, with or without notice, in case of breach of these terms or of the law. Every action of our team is logged. You can report content, a conversation or a live session from the app.

4. Messaging and live sessions

4.1 Messaging. Reserved for exchanges about listings. You can block and report. Messages are not read by Kamersoft, except after a report or where the law requires it.

4.2 Live sessions. The host of a live session is responsible for what they broadcast and for the products they present. A live session may be public, reserved for followers or private. The host may ask for the session to be recorded, kept for 30 days; they then accept that participants appear in it through their own contributions (chat, reactions). Gifts offered during a live session [nature: virtual, convertible or not — to be specified].

5. Orders, escrow, wallet

[Section to be rewritten with the payment provider chosen. Today, no real money flows: the gateway is a sandbox.]

5.1 Direct order. A fixed-price listing may accept direct orders. The price applied is the one displayed at the time of the order, special offer included, computed by the server; the app never sends a price.

5.2 Escrow. The amount is taken from the buyer’s wallet and held in escrow until delivery is confirmed, then released to the seller. In case of cancellation or dispute [procedure, time limits, who decides], the amount is refunded to the buyer’s wallet.

5.3 Wallet. The wallet is topped up from your saved payment methods and from released sales; it pays for orders and promotions. Withdrawals are subject to [time limits, fees, ceilings, checks]. The balance earns no interest. [Regulatory status of the wallet: electronic money? — question for the lawyer.]

5.4 Promotion (boost) and special offers. A promotion is bought for a duration from the catalogue shown; it is not refunded if the member unpublishes, deletes or suspends the listing, unless our team decides otherwise. A special offer is reserved for verified businesses, on a published fixed-price listing, for a limited time.

5.5 Fees. [Commission, service fees, VAT — to be defined.]

6. Personal data

The processing of your data is described in the Privacy Policy. The listing assistant involves transferring your photos, video or voice to a provider established outside Cameroon; the voice improvement corpus is built only with your separate, revocable consent.

7. Intellectual property

The app, its trademarks, its name, its interfaces, its code and its databases (except members’ content and third-party licensed data, which is credited) belong to Kamersoft. No reproduction, extraction or reverse engineering is allowed beyond the cases provided for by law. The list of cities comes from GeoNames (CC-BY 4.0).

8. Availability and liability

The Service is provided “as is”, with the reasonable means of an online service. We guarantee neither permanent availability, nor the accuracy of listings, nor the outcome of transactions between members. Our liability [limits, exclusions, caps — to be drafted by the lawyer under Cameroonian law; hosting provider liability for members’ content].

You are responsible for the content you publish, the transactions you enter into and compliance with the applicable laws (tax, commercial, consumer protection).

9. Suspension, termination, deletion

You can ask for your account to be deleted at any time, in the app (Profile → Privacy) or on www.kamersoft.net. The account is closed at once and erased thirty days later; signing back in by SMS during that period cancels the request. Deletion is refused while an order is in progress or the wallet holds money. We may suspend an account in case of breach; a suspended account can be reopened by a new sign-in confirmed by SMS [unless our team decides otherwise]. After five consecutive wrong codes, an account is locked [unlocking procedure — to be defined; today, only deletion is possible].

The erasure takes the profile, the listings, the media, the messages and the interactions; financial transactions, orders and the administration log are kept as required by law, without the member's name or number (see the Privacy Policy).

10. Changes to the Service and to the terms

The Service evolves. We may change these terms; substantial changes are announced in the app [15] days in advance; continuing to use the Service after that period means you accept them.

11. Applicable law, disputes

These terms are governed by Cameroonian law. In case of dispute, [prior mediation? competent jurisdiction: courts of …]. Contact: contact@kamersoft.net.

12. Contact

Kamersoft — contact@kamersoft.net.