Terms of Service

About HAPA and Cartlyf Technologies

HAPA is a live city discovery platform that connects people with venues and events in their city. HAPA is a product of Cartlyf Technologies Limited ("Cartlyf", "we", "us", "our"), a technology company incorporated and operating in Kenya with its registered office in Kitale, Kenya.

These Terms of Service ("Terms") govern your access to and use of the HAPA mobile application (iOS and Android), the HAPA website at get-hapa.web.app, and all related services (collectively, the "Service"). By using the Service, you are entering into a legal agreement with Cartlyf Technologies Limited.

Acceptance of these terms

By downloading, installing, or using the HAPA app or website, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

These Terms apply to all users of HAPA, including:

• Explorers — people who browse the discovery feed, watch venue vibes, and use the app to find places to go
• Venue Owners — businesses, venues, and event organisers who register a venue profile and post content on HAPA

Where different terms apply to Explorers and Venue Owners, this is clearly indicated. All users are subject to the general terms in Sections 1–5 and 7–16.

Eligibility

You must meet the following requirements to use HAPA:

• You must be at least 13 years of age to use the Service as an Explorer
• You must be at least 18 years of age to register as a Venue Owner, make payments, or enter into a subscription agreement with Cartlyf
• If you are between 13 and 18 years old, you must have the consent of a parent or legal guardian to use HAPA
• You must have the legal capacity to enter into a binding contract in your country of residence
• Your use of HAPA must not violate any applicable law or regulation in Kenya, or any other jurisdiction where you use the Service

By using HAPA, you represent and warrant that you meet all eligibility requirements. If we discover you do not meet these requirements, we reserve the right to suspend or terminate your access without notice.

Your account

4.1 Explorer accounts. Explorers do not need to create an account to browse HAPA. The app automatically assigns an anonymous session so you can use the discovery feed without providing any personal information.

4.2 Venue Owner accounts. To post vibes and manage a venue on HAPA, you must create a Venue Owner account. Registration requires:

• A valid mobile phone number for OTP verification
• An email address (for payment receipts and account communications)
• Accurate information about your venue including name, type, and location

4.3 Account security. You are responsible for maintaining the security of your account. HAPA uses one-time passcode (OTP) authentication — no passwords are stored. If you believe your phone number has been compromised or your account accessed without authorisation, contact us immediately at hapapp.official@gmail.com.

4.4 One venue per account. Each Venue Owner account is associated with a single venue profile. Multi-location management is available on the Elite subscription tier.

4.5 Accurate information. You agree to provide accurate, complete, and current information when registering and to keep it updated. Providing false or misleading venue information is grounds for immediate account termination.

Terms specific to Explorers

As an Explorer on HAPA, you may:

• Browse the live discovery feed of venues in your city
• View full-screen vibe posts from venue owners
• Search for venues by name or neighbourhood
• Like posts and use the Get Directions feature
• Use the app anonymously without creating an account

Explorers may not:

• Scrape, copy, or systematically extract venue or post data from the platform
• Attempt to identify or contact venue owners through the platform in ways not intended by the Service
• Use the Service for any commercial purpose without Cartlyf's prior written consent

The HAPA discovery feed is provided free of charge to Explorers. We reserve the right to modify the Explorer experience, including features available without an account, at any time.

Terms specific to Venue Owners

6.1 Venue profile. You are responsible for the accuracy and completeness of your venue profile. Your venue name, type, location and images must accurately represent your actual business. Misleading venue information, including incorrect location data, will result in account suspension.

6.2 Content you post. By posting vibes (photos and videos) on HAPA, you represent and warrant that:

• You own or have the necessary rights and permissions to post the content
• The content accurately represents your venue and what is currently happening there
• You have obtained consent from any identifiable individuals who appear in your videos or photos, in accordance with applicable law
• The content does not violate any law, these Terms, or the content rules in Section 7

6.3 Post limits by tier. The number of vibe posts you can publish per day depends on your subscription tier:

• Free tier — up to 3 vibe posts per day
• Pro tier — unlimited daily posts
• Elite tier — unlimited daily posts plus additional features

6.4 Feed placement. On the Free tier, your venue appears in the city discovery feed based on recency and activity. On the Pro and Elite tiers, your venue receives guaranteed placement in the top 5 venues displayed to users on days you post. Cartlyf reserves the right to adjust feed ranking algorithms from time to time, including to improve user experience and ensure feed quality.

6.5 Content expiry. Vibe posts are time-limited and are designed to represent what is happening today. Posts expire from the live feed after a period set by Cartlyf. You can delete your own posts at any time from your dashboard.

6.6 Event Boosts. Venue Owners on any tier may purchase a one-time Event Boost to pin a specific post to the top of the city discovery feed for 24 or 48 hours. Boost fees are non-refundable once the boost period has commenced. See Section 8 for payment terms.

Content rules

All content posted on HAPA — including venue profile information, vibe photos, and vibe videos — must comply with the following rules. Content that violates these rules will be removed without notice and may result in account suspension or termination.

You must not post content that:

• Is false, misleading, or misrepresents your venue, its location, or what is currently happening there
• Is sexually explicit, pornographic, or contains nudity not incidental to a legitimate venue setting
• Contains hate speech, discrimination, or content that demeans individuals based on race, ethnicity, religion, gender, sexual orientation, disability, or nationality
• Promotes or glorifies violence, illegal drug use, or any other illegal activity
• Infringes the copyright, trademark, or other intellectual property rights of any third party
• Includes identifiable individuals without their consent, or content that could constitute harassment, stalking, or invasion of privacy
• Advertises or promotes venues, products, or services other than your own registered venue
• Contains spam, malware, phishing links, or any content intended to harm users or the platform
• Depicts minors in any inappropriate context

Cartlyf does not pre-screen content but reserves the right to review, remove, or restrict any content at any time at our sole discretion. We may, but are not obligated to, notify you when content is removed.

If you believe content on HAPA violates these rules, please report it to hapapp.official@gmail.com.

Payments and billing

8.1 Subscription plans. HAPA offers paid subscription plans for Venue Owners: Pro and Elite. Prices are displayed in the app in your local currency (KES) or USD. Subscription fees are charged monthly in advance.

8.2 Payment processing. All payments are processed by Paystack, our third-party payment processor. By making a payment, you agree to Paystack's terms of service and privacy policy. Cartlyf does not store your card details or mobile money credentials.

8.3 Automatic renewal. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel at any time from within the app. Cancellation takes effect at the end of the current billing period — you will retain access to your paid features until that date.

8.4 Refunds. Subscription fees paid for a current billing period are non-refundable unless required by applicable law. If you believe you have been incorrectly charged, contact us at hapapp.official@gmail.com within 14 days of the charge.

8.5 Event Boosts. Event Boost payments are one-time purchases. Boosts are non-refundable once the boost period has commenced. If a boost fails to activate due to a technical error on our side, we will issue a credit or refund at our discretion.

8.6 Free tier. The Free tier of HAPA is available to Venue Owners at no cost. We reserve the right to modify the features included in the Free tier at any time with reasonable notice.

8.7 Price changes. We may change subscription prices by giving you at least 30 days' prior notice via email or in-app notification. Continued use of the Service after a price change constitutes your acceptance of the new price.

8.8 Taxes. All prices shown are exclusive of applicable taxes. You are responsible for any taxes, levies, or duties applicable to your purchases under the laws of your jurisdiction.

Intellectual property

9.1 HAPA's intellectual property. The HAPA name, logo, app design, interface, underlying technology, and all Cartlyf-created content are the intellectual property of Cartlyf Technologies Limited and are protected by Kenyan and international copyright, trademark, and other IP laws. You may not use, copy, reproduce, modify, or distribute any Cartlyf intellectual property without our prior written consent.

9.2 Your content. You retain ownership of all photos, videos, and other content you post on HAPA. By posting content, you grant Cartlyf Technologies Limited a non-exclusive, royalty-free, worldwide licence to:

• Display, reproduce, and distribute your content within the HAPA platform and Service
• Use your content in promotional materials for HAPA (e.g. screenshots, marketing content) — we will always credit your venue when doing so
• Cache and optimise your content for performance across different devices and network conditions

This licence ends when you delete the content or close your account, except where the content has already been incorporated into promotional materials or where we are required to retain it for legal reasons.

9.3 Feedback. If you provide feedback, suggestions, or ideas about HAPA, you grant Cartlyf the right to use that feedback without restriction or compensation.

Prohibited conduct

You agree not to engage in any of the following conduct while using HAPA:

• Attempting to gain unauthorised access to any part of the Service, other accounts, or Cartlyf's systems
• Using automated tools, bots, scrapers, or scripts to access or extract data from the Service
• Reverse engineering, decompiling, or attempting to extract the source code of the HAPA app
• Interfering with or disrupting the integrity or performance of the Service or its infrastructure
• Creating multiple accounts to circumvent restrictions, post limits, or suspensions
• Impersonating any person, venue, or entity, or misrepresenting your affiliation with any venue
• Using the Service to conduct illegal activities of any kind
• Transmitting viruses, malware, or any other harmful code
• Using HAPA to send unsolicited commercial messages or spam to other users
• Attempting to manipulate feed rankings or engagement metrics through artificial means

Violation of these prohibitions may result in immediate termination of your account and may be referred to law enforcement where appropriate.

Disclaimers

HAPA is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Cartlyf Technologies Limited makes no warranties, express or implied, including but not limited to:

• That the Service will be uninterrupted, error-free, or available at all times
• That venue information, vibe posts, or other content on the platform is accurate, complete, or current
• That the Service will meet your specific requirements or expectations
• That any venue you visit based on information from HAPA will match what you saw in the app

Venue content is created by third parties. Cartlyf does not verify the accuracy of vibe posts, venue descriptions, or other content posted by Venue Owners. We are not responsible for the quality, safety, legality, or any other aspect of venues shown on HAPA. Your experience at any venue is solely between you and that venue.

Directions and travel times. The distances and travel time estimates provided in HAPA are approximate and based on GPS data and third-party mapping services. Cartlyf is not liable for any harm arising from reliance on these estimates.

Limitation of liability

To the fullest extent permitted by Kenyan law and any other applicable law, Cartlyf Technologies Limited, its directors, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages arising from your use of HAPA
• Any loss of profits, revenue, data, goodwill, or other intangible losses
• Any harm or injury resulting from visiting a venue discovered through HAPA
• Any unauthorised access to or alteration of your content or data
• Any conduct or content of third parties on the Service, including Venue Owners
• Any interruption, suspension, or termination of the Service

Where liability cannot be entirely excluded under applicable law, Cartlyf's total aggregate liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the amount you paid to Cartlyf in the 3 months immediately preceding the event giving rise to the claim, or (b) USD 50.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

Termination

13.1 Termination by you. You may stop using HAPA at any time. Venue Owners may delete their account from within the app settings. Deleting your account cancels any active subscription at the end of the current billing period and removes your venue profile and associated content from the platform within 30 days.

13.2 Termination by Cartlyf. We may suspend or terminate your access to HAPA at any time, with or without notice, if:

• You violate these Terms or our content rules
• We reasonably suspect fraudulent, abusive, or illegal activity on your account
• You repeatedly post content that violates these Terms even after receiving warnings
• We are required to do so by law or a regulatory authority
• We discontinue the Service or a material part of it

13.3 Effect of termination. Upon termination, your right to use HAPA ends immediately. Cartlyf will have no obligation to retain or provide you with a copy of your account data after termination, except as required by law. Sections 7, 9, 11, 12, and 14 of these Terms survive termination.

13.4 Refunds on termination. Where Cartlyf terminates your account without cause, we will refund any prepaid subscription fees for the unused portion of your billing period. No refund is due where termination is for breach of these Terms.

Governing law and disputes

These Terms are governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles. Cartlyf Technologies Limited is incorporated in Kenya and these Terms reflect Kenyan law as our primary legal framework.

Dispute resolution. In the event of a dispute arising from or related to these Terms or your use of HAPA, we encourage you to contact us first at hapapp.official@gmail.com so we can try to resolve it informally. If we are unable to resolve the dispute within 30 days, either party may refer the matter to the courts of Kenya.

Class action waiver. To the extent permitted by applicable law, you agree that any dispute will be handled individually and not as part of a class action or collective proceeding.

Changes to these terms

Cartlyf Technologies Limited may update these Terms from time to time to reflect changes in our Service, business practices, or applicable law. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Notify Venue Owners via email or in-app notification at least 14 days before the changes take effect
• For changes that materially affect your rights or obligations, we will seek your active acknowledgment where required by law

If you continue to use HAPA after the effective date of updated Terms, you are deemed to have accepted the changes. If you do not accept the updated Terms, you must stop using the Service and, if applicable, cancel your subscription before the changes take effect.

Previous versions of these Terms are available on request by emailing hapapp.official@gmail.com.

Contact us

For questions about these Terms, account issues, billing queries, or content reports, please use the contact details below. All legal notices to Cartlyf Technologies Limited must be sent to our registered address.