1. Acceptance of Terms

By creating an account, subscribing to our services, or otherwise accessing our platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. These terms constitute a legally binding agreement between you and Ndoto Media.

If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.

2. Description of Services

2.1 Streaming Services

• NdotoStream: Offers a wide range of African short stories, docuseries, and cultural programming, highlighting local traditions, art, and history to educate and entertain viewers of all ages.
• Beauty TV: Focused on skincare, beauty, and lifestyle content, providing tutorials, product reviews, tips, and expert advice for maintaining a healthy and stylish lifestyle.
• Faith First: Features spiritual and religious programming, including sermons, faith-based discussions, inspirational content, and guidance to support personal growth and well-being.
• Boss Moves: Dedicated to career development and entrepreneurship, offering motivational content, business insights, practical advice, and success stories to help viewers achieve their professional goals.
• Fashion On Lock: Showcases African fashion, design, and creativity, highlighting emerging designers, trends, runway shows, and behind-the-scenes content for fashion enthusiasts.
• Hot Topics: Covers trending discussions, news, and entertainment, providing commentary, debates, and analysis on current events and pop culture phenomena.
• LOL TV: Delivers comedy and entertainment content, including sketches, stand-up performances, and humorous programs to provide laughter and lighthearted enjoyment.
• Luxury Living: Explores celebrity lifestyles, luxury travel, high-end experiences, and aspirational content, inspiring viewers with premium living ideas and exclusive experiences.

2.2 Gaming Services

• GameHub - Web-based HTML5 games and casual gaming
• CashHub - Gaming challenges with prize opportunities
• Sports Quiz - Daily sports trivia competitions
• Bible Quiz - Religious knowledge competitions
• Cashout Trivia - General knowledge games with rewards

2.3 Additional Services

• Call Status - Customizable call display services
• Mobile applications and web platforms
• Prize distribution and reward systems

3. Eligibility

To use our services, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into these terms
• Provide accurate and complete information during registration
• Maintain the security and confidentiality of your account credentials
• Have access to a compatible mobile device and network connection

Users under 18 years of age should have parental guidance and supervision when using our services.

4. Account Registration and Security

4.1 Account Creation

To access certain features of our services, you may need to create an account by providing your mobile phone number and other required information. You agree to provide accurate, current, and complete information and to update this information as necessary.

4.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• You are liable for all activities that occur under your account
• We reserve the right to suspend or terminate accounts that violate these terms

5. Subscription and Payment Terms

5.1 Subscription Plans

Our services are offered through various subscription models, including daily, weekly, and monthly plans. Pricing and availability may vary by country and mobile network operator.

5.2 Payment Methods

• Carrier billing through partner mobile network operators
• Airtime deduction from your mobile account
• M-Pesa and other mobile money services (where available)
• Other payment methods as specified in your region

5.3 Billing and Charges

• Subscription fees are charged according to your selected plan
• Charges will appear on your mobile phone bill or be deducted from your account balance
• All fees are non-refundable unless otherwise required by law
• We reserve the right to change pricing with reasonable notice

5.4 Auto-Renewal

Subscriptions may automatically renew at the end of each billing period unless cancelled. You can cancel your subscription at any time by following the unsubscribe instructions provided via SMS or through our customer support channels.

6. Acceptable Use Policy

6.1 Permitted Use

You may use our services for personal, non-commercial purposes in accordance with these terms.

6.2 Prohibited Activities

You agree not to:

• Use our services for any unlawful purpose or in violation of applicable laws
• Attempt to gain unauthorized access to our systems or other users‘ accounts
• Distribute malware, viruses, or other harmful code
• Engage in any activity that interferes with or disrupts our services
• Use automated systems to access our services without permission
• Reproduce, distribute, or publicly display our content without authorization
• Reverse engineer, decompile, or disassemble our software or applications
• Share account credentials with third parties

7. Intellectual Property Rights

7.1 Our Content

All content, features, and functionality of our services, including but not limited to text, graphics, logos, images, audio, video, software, and their arrangement, are owned by Ndoto Media or our licensors and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our services for personal use only. This license does not include any rights to download, copy, or redistribute content except as specifically permitted.

7.3 User-Generated Content

If you submit any content to our services, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and distribute such content in connection with our services.

8. Gaming Services and Prize Distribution

8.1 Gaming Rules

• All games must be played fairly and in accordance with game-specific rules
• Cheating, manipulation, or exploitation of game mechanics is prohibited
• We reserve the right to disqualify players who violate gaming rules
• Leaderboards and scores are subject to verification and adjustment

8.2 Prize Terms

• Prizes are awarded based on game performance and established criteria
• Prize distribution typically occurs daily at 8 AM local time
• Prizes are generally awarded as airtime credits to your mobile account
• We reserve the right to modify prize structures and award criteria
• Prizes have no cash value and cannot be transferred or exchanged

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to the practices described in our Privacy Policy.

We may collect and use data about your usage of our services to improve functionality, provide personalized experiences, and ensure security.

10. Service Availability and Modifications

10.1 Availability

We strive to provide reliable access to our services, but we do not guarantee that our services will be available at all times or without interruption. Service availability may be affected by factors including but not limited to:

• Network connectivity issues
• Scheduled maintenance
• Technical difficulties
• Force majeure events

10.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with or without notice. We may also impose limits on certain features or restrict access to parts of our services.

11. Disclaimer of Warranties

Our services are provided “as is“ and “as available“ without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that our services will be uninterrupted or error-free
• Warranties regarding the security of data transmission

12. Limitation of Liability

To the maximum extent permitted by applicable law, Ndoto Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, resulting from your use of our services.

Our total liability to you for all claims arising out of or relating to these terms or our services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Ndoto Media and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your use of our services
• Your violation of these terms
• Your violation of any rights of another party
• Any content you submit or transmit through our services

14. Termination

14.1 Termination by You

You may cancel your subscription or stop using our services at any time by following the cancellation procedures provided or by contacting customer support.

14.2 Termination by Us

We may suspend or terminate your access to our services immediately, without prior notice, if you violate these terms or for any other reason at our sole discretion.

14.3 Effect of Termination

Upon termination, your right to access and use our services will cease immediately. Provisions of these terms that by their nature should survive termination shall remain in effect.

15. Governing Law and Dispute Resolution

15.1 Applicable Law

These terms shall be governed by and construed in accordance with the laws of your respective country of residence, without regard to conflict of law principles.

15.2 Dispute Resolution

Any disputes arising out of or relating to these terms or our services shall first be resolved through good faith negotiations. If negotiations fail, disputes may be resolved through binding arbitration or in the courts of competent jurisdiction.

16. Regional Compliance

16.1 South Africa

Services in South Africa are subject to South African consumer protection laws and regulations.

16.2 Kenya

Services in Kenya comply with Kenyan telecommunications and consumer protection regulations.

16.3 Nigeria

Services in Nigeria are provided in accordance with Nigerian telecommunications and consumer laws.

16.4 Tanzania

Services in Tanzania comply with Tanzanian telecommunications and consumer protection laws.

17. Changes to These Terms

We may modify these Terms of Use from time to time to reflect changes in our services, legal requirements, or business practices. We will notify you of material changes by:

• Posting the updated terms on our website with a new effective date
• Sending notification via SMS or email
• Displaying a notice within our applications

Your continued use of our services after changes become effective constitutes your acceptance of the revised terms. If you do not agree to the changes, you should discontinue using our services.

18. Contact Information

If you have any questions about these Terms of Use or need support with our services, please contact us:

19. Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices published by us on our services, constitute the entire agreement between you and Ndoto Media regarding your use of our services.

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.