Terms of Service

1. The agreement

These Terms of Service ("Terms") are a binding agreement between you and Tesa ("Tesa", "we", "us"), the operator of the Tesa website and apps (the "Service"). By creating an account, confirming your age, buying access to content or otherwise using the Service, you accept these Terms, our Content Policy and our Privacy Policy, which form part of them. If you do not agree, do not use the Service. You can reach us at support@tesa-app.com.

2. Adults only

• You must be at least 18 years old and legally able to enter a contract to use the Service in any way, including browsing.
• The Service hosts content made for adults, which may include nudity and sexually explicit material. You choose to access it, you do so voluntarily, and you confirm that it does not offend you.
• You are responsible for making sure that accessing adult content is lawful where you are. Do not use the Service where it is not.
• You must not let anyone under 18 see content from the Service, including on a shared device or account.
• We may ask you at any time to prove your age or identity. Giving false information about your age is a serious breach: we will close the account and may report it to the authorities.

3. Your account

Keep your login details secret and give accurate information. You are responsible for everything done through your account. Accounts are personal: do not sell, transfer or share them. Tell us straight away at support@tesa-app.com if you think your account has been compromised.

4. Creators: your promises to us

If you upload or publish content, you promise, every time you do so, that:

• Everyone shown was at least 18 when the content was made, and nothing in it depicts or appears to depict a person under 18.
• Everyone shown gave clear, informed, written consent to being recorded, to the content being published on Tesa and to it being sold, and has not withdrawn that consent.
• You keep, for at least seven years after the content is last available on Tesa, a copy of a government-issued photo ID and the signed consent of every person who appears in it, and you will give these to us within seven days of our request. If you cannot, we will remove the content and may withhold related earnings.
• You own the content or have every right and licence needed to publish and sell it, and it does not infringe anyone's copyright, privacy, image or other rights.
• The content and your use of the Service comply with Kenyan law, including the Computer Misuse and Cybercrimes Act, 2018, the Sexual Offences Act, 2006, the Children Act, 2022, the Copyright Act, 2001 and the Films and Stage Plays Act (including any classification or licensing it requires), and with the laws of the place where it was made.
• Your descriptions, titles and prices are honest and not misleading.

You are solely responsible for your content and for any harm it causes. Tesa is a hosting platform: we do not create, commission or pre-approve creators' content and are not responsible for it, although we may review, restrict or remove any content at any time.

5. Licence you give us

You keep ownership of your content. You give Tesa a worldwide, non-exclusive, royalty-free licence to host, store, copy, process (for example to encode video or make blurred previews), display, distribute and sell access to it through the Service, and to use previews of it to promote the Service. This licence ends when you delete the content, except for copies we must keep for legal reasons, disputes or records of purchases.

6. Buying access

• Creators set the price of their videos. Paying unlocks a video for a limited time (currently one hour) on the device or account you paid from. You are buying permission to watch, not ownership of the content.
• Payments are processed by our payment providers (such as Paystack and Safaricom M-Pesa) under their own terms. Payment descriptions are kept discreet.
• Because access is delivered immediately, payments are final, except where Kenyan law requires a refund or where you paid and access was not delivered; tell us at support@tesa-app.com and we will look into it.
• Payment fraud, unauthorised use of someone else's M-Pesa number, or sending payment prompts to numbers that are not yours may lead to blocks, account closure and a report to the authorities.

7. Creator earnings and payouts

• Creators earn the share of each sale shown in their dashboard; Tesa keeps a platform fee. Withdrawals carry the transfer fees shown before you confirm them and are subject to the minimum and security holds described in the app.
• We may delay, withhold, reverse or set off earnings and payouts connected to suspected fraud, chargebacks or reversed payments, content that breaks these Terms or the Content Policy, a legal requirement or an ongoing investigation. Earnings from content that sexualises minors, was made without consent, or is otherwise unlawful are forfeited.
• You are responsible for your own taxes, including declaring your earnings to the Kenya Revenue Authority. We may collect tax information or withhold tax where the law requires.

8. What you must not do

Besides everything prohibited by the Content Policy, you must not:

• Record, download, screenshot, copy or redistribute creators' content outside the Service, or get around the paywall, watermarks or other protections.
• Scrape the Service, use bots or automated tools, overload or probe our systems, or try to access accounts or data that are not yours.
• Upload malicious code or try to inject scripts or markup into the Service.
• Impersonate anyone, including Tesa staff, or misrepresent your age.
• Offer, arrange or advertise sexual services, escort work or meetings for payment, or use the Service in connection with trafficking or exploitation of any kind.
• Ask fans to pay outside the Service for content published on it.
• Use the Service for anything unlawful or to help anyone else break the law.

9. Enforcement and ending your account

We may remove content, restrict features, block payment prompts, suspend or permanently ban accounts, and withhold earnings, with or without notice, if we reasonably believe these Terms, the Content Policy or the law have been broken, or to protect users, creators, Tesa or the public. Serious cases, especially anything involving minors or non-consensual content, are reported to the Directorate of Criminal Investigations and other authorities, and we preserve evidence for them. If you think we made a mistake, write to support@tesa-app.com and a person will review it.

Deleting your account. You can delete your account at any time from your account settings or the app:

• Your account and content are hidden and you are logged out straight away. For 7 days you can cancel by logging back in; after that the deletion is permanent and can't be undone.
• We then delete your profile, videos (including from our video hosting provider), images, comments, likes, support requests, verification details and other personal data.
• Creators must first withdraw any earnings above the minimum withdrawal and wait for withdrawals in progress to be paid. A balance below the minimum is forfeited.
• Fans who bought your videos lose access to them when they are deleted; no refunds are owed for that.
• We keep records of payments, sales and payouts without your name, contact details or IP address, as tax law requires, and anything we must keep for an open report, investigation, legal claim or the authorities, for as long as needed.
• Deleting your account does not end obligations that survive it, including a creator's duty to keep age and consent records for seven years.

Sections 4, 5 (for content already sold), 7, 10, 11, 12, 13 and 14 survive the end of your account.

10. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent Kenyan law allows, we make no promises that it will be uninterrupted, error-free or secure, that content is accurate, lawful or suitable for you, or that any creator or user is who they claim to be. Content reflects only the views of the person who posted it, not Tesa's. Nothing in these Terms limits rights you have under the Consumer Protection Act, 2012 that cannot lawfully be excluded.

11. Limits on our liability

To the fullest extent Kenyan law allows, Tesa and its founders, directors, shareholders, officers, employees and agents (together, the "Tesa Parties") are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, earnings, data, goodwill or reputation, arising from the Service or from any content, user or creator, even if we were told such loss was possible. The Tesa Parties' total liability for all claims relating to the Service is limited to the greater of the amounts you paid to Tesa in the three months before the claim arose and KSh 5,000. These limits do not apply to liability that cannot be limited by law, such as for fraud or for death or personal injury caused by negligence.

12. Your responsibility to us (indemnity)

You will defend, indemnify and hold harmless the Tesa Parties against any claims, demands, fines, losses, damages, costs and expenses (including reasonable legal fees) arising from your content, your use of the Service, your breach of these Terms or the Content Policy, your breach of any law, or your infringement of anyone's rights. This includes any claim that a person appearing in your content was under 18 or did not consent.

13. No personal claims against individuals

The Service is operated by Tesa, and only Tesa takes on obligations under these Terms. To the fullest extent the law allows, you agree not to bring any claim relating to the Service personally against any of Tesa's founders, directors, shareholders, officers or employees, and that each of them may rely on and enforce this section and sections 11 and 12.

14. Disputes, governing law and arbitration

• These Terms are governed by the laws of Kenya.
• If a dispute arises, write to support@tesa-app.com first. We will both try in good faith to resolve it within 30 days.
• Any dispute not resolved that way will be finally settled by confidential arbitration in Nairobi under the Arbitration Act, 1995, before a single arbitrator agreed by both sides or, failing agreement within 14 days, appointed by the Chairperson of the Chartered Institute of Arbitrators (Kenya Branch). The arbitration will be in English and its award is final and binding.
• Disputes are resolved individually. You waive any right to bring or take part in a class, group or representative claim against the Tesa Parties.
• Either side may still bring a claim within its limits in the Small Claims Court, and Tesa may seek urgent court orders to protect its rights, its users or its systems, or to stop infringement.

15. General

We may change these Terms; if we make significant changes we will tell you in the app or by email, and continuing to use the Service afterwards means you accept them. If any part of these Terms is found unenforceable, the rest still applies. Our not enforcing a term is not a waiver of it. We may transfer these Terms to a successor operating the Service, for example a company formed to run Tesa; you may not transfer them. We are not liable for delays or failures caused by events outside our reasonable control. These Terms, the Content Policy and the Privacy Policy are the whole agreement between you and Tesa about the Service.

16. Contact

Questions, legal notices, copyright takedown notices and privacy requests: support@tesa-app.com.