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Fouta App Terms and Conditions / Terms of Service

Effective Date: June 21, 2026

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These Terms and Conditions / Terms of Service ("Terms") are an agreement between you and Fouta App LLC ("Fouta App," "we," "us," or "our"). These Terms govern your access to and use of the Fouta App mobile application, website, marketplace, social features, messaging features, seller tools, launch support workflows, and related services (collectively, the "Services").

Please read these Terms carefully. By creating an account, accessing, or using the Services, you agree to these Terms and to any policies we reference in them, including our Privacy Policy and any seller, buyer, community, safety, or marketplace policies we publish. If you do not agree, do not use the Services.

1. About Fouta App

Fouta App is an early-stage social commerce and marketplace platform focused on African apparel, culture, community, creativity, and businesses. The Services may allow users to create profiles, post content, message other users, follow users, list products, discover sellers, save products, add products to a cart, express order intent, review products or sellers, and participate in community features.

Fouta App is in an MVP phase. Features may change, be added, removed, paused, muted, limited, invite-only, or work differently while we test and improve the Services.

2. Eligibility

You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only with permission and supervision from a parent or legal guardian. By using the Services, you represent that you meet these eligibility requirements and can enter into a binding agreement.

The Services are not directed to children under 13. If we learn that we have collected personal information from a child under 13 without legally required consent, we may delete the account and related information.

3. Accounts and Account Security

You may need an account to use many parts of the Services. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You may not create an account for someone else without permission, impersonate another person or business, misrepresent your identity, use another person's account, or use the Services if we previously suspended or terminated your account unless we give written permission.

Launch setup accounts. During launch, Fouta App may create, reserve, prepare, or help set up accounts, shop profiles, invitation profiles, draft listings, demo profiles, or onboarding profiles for prospective users, sellers, stores, cultural creators, or community partners. These launch setup accounts may be created by Fouta App, its founder, employees, contractors, or authorized launch representatives using information provided by the person or business, provided by an authorized representative, collected during onboarding, or otherwise reasonably understood to be accurate for onboarding purposes.

A launch setup account is not fully controlled by the prospective user or business until the account is accepted, claimed, verified, or otherwise handed over through a process we approve. Before handoff, Fouta App may manage, edit, pause, hide, delete, or restrict the launch setup account. We will not knowingly represent that a prospective user, seller, store, or business has endorsed Fouta App, accepted these Terms, authorized transactions, or taken control of an account until that person, business, or an authorized representative has accepted, claimed, or otherwise approved the account.

If a launch setup account was created for you or your business, you may request access, correction, transfer, deactivation, or deletion by contacting us at admin@fouta-app.com. Once you accept, claim, or use the account, you are responsible for keeping the account information accurate and for all future activity under the account.

4. User Roles

The Services may support multiple roles, including general users, buyers, sellers, administrators, and other roles we may add over time. Some roles, including delivery, driver, creator, business, seller, or other account types, may be muted, unavailable, invite-only, unselectable, or limited while Fouta App is in MVP or launch testing. Your rights and responsibilities may vary based on your role. If you use seller tools, delivery tools, creator tools, driver tools, or business features when they are available, you agree to comply with the additional obligations that apply to those tools.

5. User Content

"User Content" means any content that users submit, upload, post, display, list, send, share, or otherwise make available through the Services, including text, photos, videos, product listings, comments, messages, reviews, ratings, profile information, shop information, and other materials.

You retain ownership of your User Content. By submitting User Content, you grant Fouta App a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, display, publish, distribute, modify, adapt, and use your User Content as needed to operate, improve, promote, and protect the Services. This license lasts for as long as your User Content is available on or through the Services and for a reasonable period afterward for backups, legal compliance, dispute resolution, safety, fraud prevention, and legitimate business purposes.

You represent and warrant that you have all rights needed to submit your User Content and that your User Content does not violate these Terms, the rights of any person or business, or any law.

6. Community Standards and No Tolerance for Objectionable Content or Abusive Users

Fouta App has no tolerance for objectionable content or abusive users. You may not post, send, list, promote, or otherwise share content or behavior that includes:

  • harassment, bullying, threats, intimidation, stalking, or abusive behavior;

  • hate speech, discriminatory content, or attacks based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, immigration status, caste, age, or similar protected or vulnerable characteristics;

  • sexually explicit, pornographic, exploitative, or non-consensual sexual content;

  • content that exploits or endangers minors;

  • violent threats, instructions for violence, or graphic violence shared for shock value;

  • scams, fraud, deceptive conduct, phishing, spam, artificial engagement, fake engagement, achievement gaming, or impersonation;

  • counterfeit goods, stolen goods, illegal goods, unsafe goods, recalled goods, regulated goods, or misleading product listings;

  • private or confidential information posted without permission;

  • infringement of copyrights, trademarks, publicity rights, privacy rights, or other legal rights;

  • malicious code, attempts to interfere with the Services, or attempts to access accounts, systems, or data without permission; or

  • any other content or conduct that Fouta App determines may harm users, sellers, the community, the marketplace, or the Services.

7. Reporting, Blocking, Moderation, and Safety

You may report content, users, product listings, messages, groups, or other activity that you believe violates these Terms or our policies. Reports may be submitted through available in-app reporting tools or by contacting us at admin@fouta-app.com.

When you report content, a listing, a group, or a user, we may review the report, reported content, related account information, related conversations, listing information, seller activity, and related activity. We may remove content, restrict visibility, suspend accounts, terminate accounts, block or limit features, preserve evidence, notify affected users, contact law enforcement when appropriate, or take other action we consider necessary.

Where blocking tools are available in the Services, you may block another user. Blocking is intended to limit that user's ability to contact you and to remove or hide that user's content from your personal feed, messages, or experience to the extent supported by the Services. Fouta App may receive notice or records related to blocking or reporting activity so that we can review abusive behavior and improve safety.

We may review safety reports as available and prioritize urgent safety issues, especially during the MVP stage when the user base is small. We do not guarantee a specific response time, that all content will be reviewed before it appears, or that we will agree with every report.

8. Marketplace Terms for Buyers

Fouta App may allow you to discover products, communicate with sellers, save products, add products to a cart, express order intent, place orders where supported, review sellers, or coordinate purchase interest, pickup, delivery, or seller handoff where those workflows are supported. During MVP launch, Fouta App's marketplace may operate as discovery, messaging, manual inquiry, order-interest, or launch-support workflows rather than automated checkout. Unless Fouta App expressly states otherwise in a specific transaction, sellers are responsible for the products they list, including product accuracy, pricing, availability, condition, quality, authenticity, sizing, quantity, delivery details, return terms, refunds, taxes, and compliance with law.

Before buying or expressing purchase intent, review the product description, photos, seller information, size, quantity, availability, delivery or pickup details, return terms, and any written communications with the seller or Fouta App. If you have questions, ask before paying or committing to an order.

During MVP launch, some product availability, seller handoff, pickup, delivery, payment, refund, or order details may need to be manually confirmed before fulfillment. A listing, cart action, message, or order-intent action does not guarantee that an item is still available, that payment has been accepted, or that delivery or refund terms are final unless Fouta App or the seller expressly confirms those details.

9. Marketplace Terms for Sellers

If you list or sell products through the Services, you agree that:

  • you have the legal right to sell every product you list;

  • your listings, prices, photos, descriptions, sizes, materials, quantities, availability, shipping or pickup terms, return terms, and other details are accurate and not misleading;

  • you will not list counterfeit, stolen, unsafe, illegal, recalled, regulated, infringing, deceptive, or prohibited products;

  • you will honor orders, commitments, delivery timelines, refunds, return terms, and buyer communications you make;

  • you will treat buyers and other users respectfully;

  • you will comply with all applicable laws, including consumer protection, product safety, tax, privacy, advertising, import/export, and marketplace laws; and

  • you are responsible for your seller account, shop content, seller communications, product facts, fulfillment obligations, and seller conduct.

If a seller, launch partner, or Fouta-supported listing uses edited, AI-assisted, model, lifestyle, or representative images, the listing must still accurately represent the actual product and must not misstate color, pattern, condition, size, fit, included accessories, availability, authenticity, seller proof, or other material facts. Fouta App may require original product photos, seller confirmation, inventory evidence, updated listing details, or removal of misleading images before or after publication.

Fouta App may remove listings, restrict seller tools, suspend seller accounts, require additional verification, hold a listing for review, or take other action if we believe a seller may violate these Terms, harm users, mislead buyers, or create legal or marketplace risk.

10. Orders, Payments, Shipping, Returns, Refunds, and Taxes

Fouta App's marketplace features may change over time. Depending on the available feature set, payments, delivery, pickup, shipping, returns, refunds, cancellations, taxes, and seller payouts may be handled directly between buyers and sellers, through third-party providers, through manual Fouta-supported workflows, or through other workflows we approve.

Fouta App may help document, route, or support marketplace questions, order-interest issues, cancellations, or disputes during MVP launch, but unless expressly stated in an approved transaction flow, that support does not make Fouta App the seller, payment processor, escrow provider, delivery provider, insurer, or guarantor of the transaction.

Unless we expressly state that Fouta App is the seller of record or payment processor for a specific transaction, Fouta App is not the seller, buyer, carrier, payment processor, escrow provider, bank, money transmitter, or financial institution. Fouta App does not provide money transfer, remittance, banking, or financial services.

Unless we expressly state otherwise for a specific approved transaction flow, Fouta App does not currently collect buyer payments for marketplace sales, hold buyer funds, retain seller sale proceeds, charge a marketplace take rate, promise seller payouts, or guarantee refunds, cancellations, taxes, delivery, buyer protection, seller verification, or completed order reliability. If a purchase is handled directly between a buyer and seller, those parties are responsible for confirming payment, fulfillment, returns, refunds, taxes, and related terms.

If we add integrated payments, delivery, escrow, refunds, subscriptions, advertising, seller fees, take rates, paid promotions, or paid features, we may publish additional terms and require you to accept them before using those features.

11. Product Reviews, Ratings, and Feedback

Reviews, ratings, comments, and feedback must be honest, lawful, relevant, and based on real experience. You may not post fake reviews, paid reviews without disclosure, misleading reviews, retaliatory reviews, or reviews that violate the rights of others.

12. Achievements, Badges, Promotions, and Experiments

Fouta App may test achievements, badges, profile features, rewards, referrals, promotions, experiments, or other engagement features. Unless we expressly state otherwise, badges or achievements have no cash value, are not transferable, do not guarantee discounts or payments, and may be changed, revoked, hidden, paused, or removed if we believe they were earned through spam, abuse, fake activity, policy violations, technical error, or activity that does not reflect genuine use of the Services.

13. Intellectual Property

The Services, including software, design, branding, logos, trade names, text, graphics, interfaces, code, and other materials, are owned by Fouta App or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for lawful personal or business purposes consistent with these Terms.

You may not copy, modify, distribute, sell, lease, reverse engineer, scrape, or exploit the Services except as allowed by law or with our written permission.

14. App Store, Google Play, EULA, and Third-Party Services

If you downloaded the app from the Apple App Store, Google Play, or another app store, your use may also be subject to that store's terms, rules, license requirements, and usage rules. For Apple users, the Apple Standard Licensed Application End User License Agreement applies to the app license unless Fouta App provides a valid custom EULA through Apple. These Terms govern Fouta App's Services, marketplace, social features, user content, and related policies.

Apple, Google, and other app stores are not responsible for Fouta App's Services, User Content, marketplace transactions, support, claims, or legal compliance except as required by their own terms.

The Services may use third-party tools, infrastructure, analytics, advertising measurement, authentication, hosting, payment, messaging, notification, storage, or software development kit providers, including tools that help us measure installs, app events, performance, safety, or campaign effectiveness. Your use of the Services may be subject to those third parties' terms and privacy practices.

15. Privacy

Our Privacy Policy explains how we collect, use, share, and protect information. By using the Services, you agree that we may handle information as described in our Privacy Policy.

16. Service Availability and Changes

We may modify, pause, discontinue, test, or limit any part of the Services at any time. We may release updates, bug fixes, experiments, or MVP changes. We do not guarantee that the Services will always be available, uninterrupted, secure, error-free, compatible with every device or operating system, or accepted by every app store at all times.

17. Suspension and Termination

We may suspend or terminate your account, restrict features, remove content, cancel listings, prevent access, preserve evidence, or take other action if we believe you violated these Terms, created risk, harmed users, infringed rights, misused the Services, failed seller obligations, abused achievements or promotions, engaged in fraud or spam, or otherwise acted in a way that may harm Fouta App or the community.

You may stop using the Services at any time. You may request account deletion through available app tools or by contacting us at admin@fouta-app.com. Some information may be retained as required or permitted by law, for safety, fraud prevention, accounting, backup, dispute resolution, App Store or Play Store compliance, or legitimate business purposes.

18. Disclaimers

The Services are provided "as is" and "as available." To the maximum extent allowed by law, Fouta App disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, reliability, accuracy, and security.

Fouta App does not guarantee any user, seller, buyer, driver, product, listing, message, review, delivery, transaction, badge, achievement, promotion, or outcome. You use the Services and interact with other users at your own risk.

19. Limitation of Liability

To the maximum extent allowed by law, Fouta App LLC and its owners, officers, employees, contractors, agents, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, or for loss of data, goodwill, business opportunity, or reputation.

To the maximum extent allowed by law, Fouta App's total liability for any claim related to the Services will not exceed the greater of (a) the amount you paid to Fouta App for the Services in the three months before the claim arose, or (b) one hundred U.S. dollars (US $100).

Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

20. Indemnification

To the maximum extent allowed by law, you agree to defend, indemnify, and hold harmless Fouta App LLC and its owners, officers, employees, contractors, agents, service providers, and affiliates from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Services, your User Content, your products or listings, your transactions, your violation of these Terms, your violation of law, or your violation of another person's rights.

21. Governing Law and Disputes

Unless a mandatory law says otherwise, these Terms will be governed by the laws of the State of Delaware, without regard to conflict of law rules. The state and federal courts located in or serving Dover, Delaware, including courts located in Kent County, Delaware where applicable, will have exclusive jurisdiction for disputes that are not required to be handled in another forum by applicable law.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may notify you through the Services, by email, through app store listing updates, or by other reasonable means. The updated Terms will be effective when posted or when otherwise stated. Your continued use of the Services after the effective date means you accept the updated Terms.

23. Contact

Questions, safety reports, legal notices, privacy requests, and support requests may be sent to:

Fouta App LLC
Email: admin@fouta-app.com
Website: https://www.fouta-app.com/

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