Terms of Use | Thenks

1. Overview

Welcome to Thenks. These Terms of Use ("Terms") outline the rules for accessing and using our website, mobile app, and related services (together, the "Platform"). By using the Platform, you agree to follow these Terms. If you do not accept them, please refrain from using the Platform.

2. Key Definitions

• User: Any individual or organization that accesses or uses the Thenks Platform.
• Service Partner: An individual, group, or business that collects tips through the Platform.
• Tip Recipient: Any person or entity receiving funds via Thenks.
• Content: Any text, data, software, images, or materials uploaded or displayed on the Platform.

3. Eligibility Requirements

To use the Platform, you must:

• Be 18 years or older.
• Have the legal capacity to enter into binding agreements.
• Provide accurate registration details during sign-up.
• Comply with applicable laws and regulations in your jurisdiction.

By creating an account or using Thenks, you confirm that these requirements are met.

4. Account Registration and Responsibility

To access certain features, you may be required to create an account. You agree to:

• Provide true, complete, and up-to-date information.
• Keep your login credentials secure.
• Accept responsibility for all activity under your account.

Thenks may suspend or close accounts that are found to be fraudulent, misleading, inactive, or in violation of these Terms.

5. Acceptable Use

Users agree to act lawfully, respectfully, and in good faith when using the Platform. You must not:

• Engage in unlawful, fraudulent, or unauthorized activities.
• Violate the rights or privacy of others.
• Impersonate another person or entity.
• Upload or distribute malicious files or harmful code.
• Interfere with the operation, security, or integrity of the Platform.
• Use automated tools or scripts to scrape, monitor, or collect data.

Violation of these rules may result in immediate account suspension or legal action.

6. Transactions, Payments, and Fees

• All tips and transactions made through Thenks are final unless reversal is required by law.
• Transaction fees or service charges may apply and will be displayed before payment is processed.
• Thenks is not responsible for third-party delays, failures, or errors in payment processing.
• Users must report any unauthorized or suspicious transactions immediately to support@thenks.co.

7. Ownership and Intellectual Property

All materials on the Platform — including code, graphics, trademarks, and designs — are owned or licensed by Thenks.

You may not copy, reproduce, or distribute any content without prior written permission.

User-generated content remains the property of its creator, but by submitting it on the Platform, you grant Thenks a limited, non-exclusive license to use it for operational purposes.

8. Platform Availability and Disclaimer

• The Platform and its services are provided "as is" and "as available".
• Thenks does not guarantee uninterrupted, error-free, or virus-free operation.
• We make no warranties, express or implied, regarding merchantability, suitability, or fitness for any particular purpose.
• Thenks is not responsible for technical failures, network outages, or actions by third-party service providers.

9. Limitation of Liability

To the fullest extent permitted by law, Thenks and its affiliates are not liable for:

• Loss of income, data, or goodwill resulting from Platform use.
• Indirect, consequential, or punitive damages.
• Delays, interruptions, or failures beyond our control.

If liability is established, it will be limited to the total service fees paid to Thenks within the previous twelve (12) months.

10. Indemnification

You agree to defend, indemnify, and hold harmless Thenks, its officers, employees, and partners from any claims, losses, damages, or expenses (including legal costs) resulting from:

• Your use of the Platform,
• Your violation of these Terms, or
• Your infringement of third-party rights.

11. Account Suspension or Termination

Thenks reserves the right to restrict, suspend, or terminate any account at its discretion, particularly if a user:

• Violates these Terms or applicable law,
• Engages in fraudulent, abusive, or harmful activity, or
• Creates legal or reputational risk for Thenks or other users.

Termination does not waive any rights or obligations accrued before the termination date.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Kenya.

Any dispute arising out of or related to the Platform will first be addressed through good-faith mediation.

If mediation fails, disputes shall be settled by binding arbitration under the Chartered Institute of Arbitrators (Kenya) rules, held in Nairobi, Kenya.

13. Entire Agreement

These Terms represent the full agreement between you and Thenks regarding the use of the Platform, replacing all previous understandings, oral or written.

14. Severability

If any section of these Terms is found unenforceable, the remaining sections will remain in full effect.

15. No Waiver

Failure by Thenks to enforce a particular right or provision does not constitute a waiver of that right. Any waiver must be made in writing and signed by an authorized representative of Thenks.

16. Amendments to the Terms

Thenks may revise or update these Terms from time to time.

The most recent version will be published on the Platform with a revised effective date.

Continued use of the Platform after such updates means you accept the new Terms.

17. Advertising and Public Communications

All official advertising, marketing, and promotional materials are produced by Thenks or its authorized partners.

Users are welcome to share their experiences on social media, provided it is non-commercial and does not misrepresent the Platform.

18. Contact Information