Terms of Service

Last updated: 16 April 2026

These Terms of Service ("Terms") govern your access to and use of MyDuka's services available at myduka.link and any related subdomains, custom domains, applications, and tools (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who we are

The Service is operated by MyDuka, a business operating in Kenya. You can contact us at support@myduka.link. In these Terms, "we", "us", and "our" refer to MyDuka.

2. What the Service is

The Service is a software platform that lets you ("Sellers") create an online shop, list products, accept orders, and connect your own payment accounts (such as M-Pesa, Stripe, PayPal, Pesapal, PayHero, or cash on delivery). We provide the software and hosting; we are not a party to any sale between you and your customers. We do not handle, hold, or process customer payments — those flow directly between your customer and the payment provider you connect.

3. Eligibility and accounts

• You must be at least 18 years old, or the age of majority in your country, to create an account.
• You must provide accurate information and keep it up to date.
• You are responsible for everything that happens under your account, including keeping your password secure.
• One person or business per account, unless we explicitly agree otherwise.

4. Plans, fees, and billing

The Service is offered on free and paid plans. Current pricing is published at /pricing and may change. If you upgrade to a paid plan:

• You authorise us (and our payment processor) to charge your chosen payment method on a recurring basis (monthly or annual, as selected).
• Subscription fees are charged in advance and are non-refundable except where required by law.
• You may cancel any time from your billing settings; cancellation takes effect at the end of your current paid period.
• If a payment fails, we may suspend access to paid features until the balance is settled.
• We never take a commission on your sales — only the subscription fee on your plan.

5. Your shop and your content

You retain all rights in the products, images, descriptions, branding, and other content you upload ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display Your Content solely to operate, promote, and improve the Service.

You are solely responsible for Your Content and for the products and services you sell. You confirm that:

• You have the right to sell what you list, and your listings are accurate and not misleading.
• You comply with all laws applicable to your business, including consumer protection, tax, customs, and product safety.
• You do not infringe any third party's intellectual property, privacy, or other rights.

6. Prohibited activities

You may not use the Service to sell, list, or promote:

• Illegal goods or services under Kenyan law or the laws of the buyer's country.
• Counterfeit, stolen, or pirated items.
• Weapons, ammunition, explosives, or controlled drugs.
• Sexually explicit material involving minors, or any content that is hateful, harassing, or violent.
• Items that violate sanctions, export controls, or platform policies of the payment providers you connect.

You also may not: scrape, reverse-engineer, or attempt to disrupt the Service; impersonate others; use the Service to send spam; or interfere with other Sellers or their customers.

7. Customer relationships

Customers who buy from your shop are your customers, not ours. You are responsible for fulfilling orders, handling refunds and returns, providing customer support, and complying with consumer-protection law including the Consumer Protection Act, 2012 (Kenya). We may, at our option, contact your customers for limited purposes such as security alerts, abuse investigations, or notifying them if your shop is suspended.

8. Custom domains

If you connect a custom domain to your shop, you are responsible for the domain registration, DNS configuration, and renewal fees with your registrar. We provide SSL certificates automatically while your domain is connected. We may disconnect a custom domain if it is used to circumvent these Terms.

9. Suspension and termination

We may suspend or terminate your account, with or without notice, if we reasonably believe you have breached these Terms, if your account creates legal or security risk for us or other users, or if required by law. You may terminate your account at any time from your dashboard. On termination, your shop will go offline and we may delete Your Content after a reasonable retention period; export your data before terminating if you need a copy.

10. Intellectual property in the Service

The Service, including the software, design, logos, and "MyDuka" brand, are owned by us and protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable licence to use the Service while your account is active and in good standing. No other rights are granted.

11. Service availability and changes

We work to keep the Service available, but we do not guarantee uninterrupted, timely, secure, or error-free operation. We may add, remove, or change features, and we may schedule maintenance windows. We will give reasonable notice for material changes that adversely affect paid plans.

12. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements, that errors will be corrected, or that the Service will be free of viruses or harmful components.

13. Limitation of liability

To the maximum extent permitted by law, MyDuka and its directors, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising from or relating to your use of the Service. Our total aggregate liability to you for any claim arising under these Terms will not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) KSh 10,000.

14. Indemnity

You will indemnify and hold harmless MyDuka from any claim, loss, or expense (including reasonable legal fees) arising from Your Content, your products and services, your breach of these Terms, or your violation of any law or third-party right.

15. Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya. You and we agree to submit to the exclusive jurisdiction of the courts of Kenya for any dispute arising out of or relating to these Terms or the Service. Before filing any claim, you agree to first contact us at support@myduka.link and attempt to resolve the dispute informally for at least 30 days.

16. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 14 days before the change takes effect. Your continued use after the effective date means you accept the updated Terms.

17. Contact

Questions about these Terms? Email support@myduka.link.