Legal

Terms of Service

Version 1.2 · effective 30 October 2026. Earlier versions are available on request.

Welcome to Disambi. Disambi is the record of what creators and brands agree: who made the work, who may use it, where, and until when. These Terms of Service (the “Terms”) are the agreement between you and us that governs your use of the DISAMBI platform at disambi.world (the “Platform”).

The Platform is operated by DISAMBI World Ltd, a private company limited by shares incorporated in the Republic of Kenya under Company Number PVT-L51D3VVJ (“DISAMBI”, “we”, “us”). The Terms apply to everyone who holds an account, whether as a Creator or as a Brand. Part A applies to all account holders. Part B applies additionally to Creators. Part C applies additionally to Brands.

By creating an account, or by continuing to use the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

The short version

This summary is here to help you read the Terms. It is not part of them, and where it differs from the clauses below, the clauses govern.

  • We keep the record; we are not a party to your deal. Your agreement with a Creator or Brand is between the two of you. We record it, remind you of its dates, and produce the Record if you need it. We do not enforce it or decide disputes about it (clause 4).
  • We never touch the money between you. A Brand pays a Creator directly. We do not receive, hold or pass on those funds (clauses 4 and 8, and C5).
  • Your work stays yours. We use your Content only to run the Platform, and that permission ends when you delete it, except where it forms part of a Record we must keep (clause 6).
  • Signatures here are real signatures. Signing on the Platform has the same effect as signing by hand, and Records can be produced as evidence (clause 5).
  • Records outlive accounts. If you close your account, the Records of agreements you signed are kept, because the other party relies on them too (clause 10).
  • Creators use the Platform free. The tools a Creator needs to record and evidence their work will not be put behind a paywall (B1).
  • Our liability is limited. Except where the law does not allow it, our total liability is capped at the greater of what you paid us in the last twelve months and KES 10,000 (clause 11).
  • Kenyan law, Kenyan courts. Disputes with us go to negotiation, then mediation in Nairobi, then the courts of Kenya (clause 15).

Part A — Terms for everyone

1. Definitions

In these Terms, unless the context otherwise requires:

  • “Account” means a registered user account on the Platform;
  • “Brand” means an account holder using the Platform to commission, licence, or record creative work;
  • “Collaboration Agreement” means an agreement entered into directly between a Creator and a Brand, whether or not generated through the Platform;
  • “Content” means any material you upload to, generate on, or transmit through the Platform;
  • “Creator” means an account holder offering creative services;
  • “Record” means an entry generated by the Platform documenting an event, including executed agreements, licence terms, timestamps, event logs, and associated cryptographic hashes;
  • “Register” means the record of licensed assets, their permitted uses, durations, and expiry dates maintained on the Platform; and
  • “Service Level Agreement” means the separate written agreement under which DISAMBI provides campaign coordination services to a Brand.

Clause headings and the summary at the start of these Terms are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.

2. How these Terms fit with your other agreements

These Terms govern your use of the Platform and the relationship between you and DISAMBI. They do not govern the relationship between a Creator and a Brand. Three separate instruments may apply to you, and they do different things:

  • these Terms, between you and DISAMBI, govern use of the Platform;
  • a Service Level Agreement, between a Brand and DISAMBI, governs campaign coordination services; and
  • a Collaboration Agreement, between a Creator and a Brand, governs the creative engagement itself.

Where these Terms conflict with a Service Level Agreement in respect of coordination services, the Service Level Agreement prevails. Where these Terms conflict with a Collaboration Agreement in respect of the engagement between a Creator and a Brand, the Collaboration Agreement prevails between those parties. DISAMBI is not a party to any Collaboration Agreement. Our Privacy Policy forms part of these Terms and governs how we handle personal data.

3. Who can use DISAMBI, and your account

You must be aged eighteen (18) or over to hold an Account. You must provide accurate registration information and keep it current. You are responsible for everything done through your Account and for keeping your credentials confidential. Tell us promptly if you believe your Account has been accessed without your authority.

Access may be invitation-only or capped during any pre-launch or phased release period, and we may decline, defer, or withdraw an invitation at our discretion during such a period. You may not transfer your Account to anyone else without our written consent.

4. What DISAMBI does, and what it does not do

This clause is fundamental to the basis on which the Platform is provided. It is not a formality. DISAMBI provides infrastructure. It records what parties agree, generates documents from what they enter, maintains the Register, and sends notifications about events and deadlines.

DISAMBI notifies and records. It does not enforce or adjudicate. We do not, and are under no obligation to:

  • act as an agent, partner, employer, broker, fiduciary, or employee of any Creator or Brand;
  • be a party to any Collaboration Agreement, or acquire any rights or obligations under one;
  • supervise, direct, or control how any Creator performs their work;
  • guarantee the availability, performance, quality, or output of any Creator;
  • warrant, verify, vet, or endorse the credentials, qualifications, solvency, or legal compliance of any account holder;
  • enforce any obligation recorded on the Platform, including revision limits, approval windows, payment schedules, licence expiry, or exclusivity;
  • adjudicate, mediate, or determine any dispute between account holders; or
  • receive, hold, process, escrow, or disburse any funds passing between a Creator and a Brand.

Where the Platform refers to “payment coordination”, that expression means recording agreed payment terms, notifying payment milestones, and documenting payment confirmations reported to us. It does not involve the custody, control, or transmission of funds by DISAMBI.

A notification the Platform sends, or fails to send, does not create, extend, waive, or discharge any obligation between a Creator and a Brand. The underlying obligation is whatever their Collaboration Agreement says it is.

Nothing DISAMBI provides constitutes legal advice. Template agreements are provided for convenience. You are responsible for satisfying yourself as to the suitability of any agreement you enter into and are advised to take your own legal advice.

5. Records, electronic signatures, and the Register

Where an agreement is generated, executed, or recorded through the Platform, you agree that an electronic signature applied through the Platform authenticates that agreement and has the same effect as a handwritten signature, in accordance with the Kenya Information and Communications Act, the Business Laws (Amendment) Act 2020, and the Evidence Act. An agreement is not invalid or unenforceable solely because it is in electronic form or signed electronically.

Records generated by the Platform may be produced by any party to them as evidence of what was agreed and what occurred. You must not dispute the admissibility of such a Record solely on the basis that it is electronic. Nothing in this clause prevents you from disputing the accuracy or completeness of a Record on any other ground. Records are append-only: where a Record is superseded, the Platform adds a new entry rather than altering the original.

The Register reflects what account holders have entered and agreed. We do not independently verify it, and we do not warrant that it is complete or accurate. It is evidence of what was recorded, not a determination of what is true. We retain Records for the periods set out in our Privacy Policy, or for longer where required by law.

6. Your Content, and the permission you give us

You retain all intellectual property rights in your Content. DISAMBI acquires no ownership of it. You grant DISAMBI a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, and display your Content solely as necessary to operate the Platform and provide the services you have asked for. This licence ends when you delete the Content or close your Account, except to the extent the Content forms part of a Record we are required to retain.

You warrant that you own or are licensed to use the Content you upload, and that it does not infringe the rights of any third party. Where your Content includes the personal data or likeness of an identifiable individual, you warrant that you have obtained any release required under the Data Protection Act, 2019.

7. What you must not do

You must not:

  • use the Platform for any unlawful purpose, or in breach of any applicable advertising, consumer protection, or data protection law;
  • upload Content that is defamatory, obscene, or that infringes the rights of any third party;
  • misrepresent your identity, your authority to act for an organisation, or your relationship with any Creator or Brand;
  • enter false, misleading, or fabricated information into the Register or into any agreement generated through the Platform;
  • attempt to access any part of the Platform, or any data, you have no permission to access;
  • interfere with the operation of the Platform, including by automated scraping, bulk extraction, or circumvention of access controls; or
  • use the Platform to solicit account holders for purposes unrelated to creative work.

Entering false information into a Record is a serious breach. Records are intended to be relied on as evidence, and their value depends on their integrity.

8. Fees, taxes, and who pays whom

Creator accounts are free; see Part B. Brand access may be charged as set out in Part C. All fees are exclusive of value added tax and of any other applicable taxes, duties, or levies, which you bear where applicable.

Two payment flows exist, and only one involves DISAMBI:

  • fees payable by a Brand to a Creator are paid directly between them; DISAMBI does not at any point receive, hold, or transmit those funds; and
  • fees payable to DISAMBI for access to the Platform or for coordination services are DISAMBI’s own revenue for its own services.

Where any undisputed sum owed to DISAMBI remains unpaid for more than fourteen (14) days after its due date, we may suspend your access on written notice.

9. Your data

Each party must comply with its obligations under the Data Protection Act, 2019 in respect of personal data processed in connection with these Terms. Our processing of personal data through the Platform is governed by the Privacy Policy, which sets out what we collect, why, who sees it, and how long we keep it. Where you disclose the personal data of any individual to us or to another account holder through the Platform, you warrant that you have a lawful basis for doing so.

10. Closing your account, suspension, and termination

You may close your Account at any time. We may suspend or terminate your access, on notice where practicable, where you breach these Terms, where we are required to by law, or where your use presents a risk to other account holders or to the Platform.

Termination of your Account does not terminate any Collaboration Agreement or Service Level Agreement you have entered into, and does not discharge any obligation under one. Records relating to executed agreements survive closure of your Account and are retained for the periods set out in the Privacy Policy. This is necessary because the other party to an agreement has an interest in the Record of it that does not end when you leave. Clauses 4, 5, 6, 11, 12, 15 and this clause survive termination.

11. Limits on our liability

Nothing in these Terms excludes or limits either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited under the laws of Kenya.

Subject to that, and to the fullest extent permitted by law, DISAMBI is not liable for:

  • any act or omission of any Creator or Brand, including failure to perform, failure to deliver, or failure to pay;
  • the quality, suitability, legality, originality, or effectiveness of any content produced;
  • any infringement of third-party rights by content produced or used by an account holder;
  • any loss, damage, claim, or dispute arising between account holders;
  • any use of content outside the scope of a licence granted by a Creator;
  • the accuracy or completeness of anything an account holder enters into the Register; or
  • any indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill, loss of anticipated savings, or loss of opportunity.

The Platform is provided on an “as is” basis. We do not warrant that it will be uninterrupted or error-free, and we may modify or discontinue features on reasonable notice.

Subject to the first paragraph of this clause, DISAMBI’s total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of (a) the total fees paid by you to DISAMBI under these Terms in the twelve (12) months preceding the claim, and (b) Kenya Shillings Ten Thousand (KES 10,000). No claim may be brought under these Terms more than twelve (12) months after the party bringing it became aware, or ought reasonably to have become aware, of the circumstances giving rise to it.

12. Claims against us arising from your use (indemnity)

You must indemnify DISAMBI against all losses, liabilities, costs, and reasonable expenses (including legal fees) arising out of or in connection with:

  • your breach of these Terms;
  • your Content, including any claim that it infringes a third party’s rights, is defamatory, or breaches any applicable law or advertising standard;
  • any claim brought against DISAMBI by another account holder arising from your acts or omissions; or
  • your use of the Platform in a manner that breaches applicable law or the rights of any third party.

This indemnity does not extend to claims arising from DISAMBI’s own gross negligence or wilful misconduct. We will notify you promptly of any claim to which this indemnity applies, and will not settle it without your consent, such consent not to be unreasonably withheld.

13. Changes to these Terms

We may amend these Terms. Where an amendment materially affects your rights, we will give you at least fourteen (14) days’ notice by email or through the Platform before it takes effect. Continuing to use the Platform after an amendment takes effect constitutes acceptance of it; if you do not accept an amendment, you may close your Account before it takes effect.

An amendment does not alter the terms of any agreement already executed through the Platform. Executed agreements are governed by the terms recorded at the time of execution, and each acceptance of these Terms records the version accepted.

14. How we contact each other (notices)

Notices to you are sent to the email address on your Account or given through the Platform. Notices to us are sent to the address published on the Platform. A notice sent by email is deemed received on the business day following transmission, provided no delivery failure notification is received.

15. If you have a dispute with us

These Terms are governed by and construed in accordance with the laws of Kenya. Any dispute between you and DISAMBI is resolved in three steps:

  1. the parties must first attempt to resolve it through good faith negotiation within fourteen (14) days of written notice of the dispute;
  2. where the dispute is not resolved, the parties must refer it to mediation in Nairobi before a single mediator agreed between them; and
  3. where mediation is unsuccessful within thirty (30) days, the dispute shall be submitted to the courts of Kenya, which shall have exclusive jurisdiction.

This clause governs disputes between you and DISAMBI. It does not govern disputes between a Creator and a Brand, which are governed by their Collaboration Agreement.

16. Other legal terms

These Terms, together with the Privacy Policy and any schedule applying to you, constitute the entire agreement between you and DISAMBI in relation to the Platform. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. You may not assign these Terms; we may assign them to a successor to all or substantially all of our business. If any provision is held unenforceable, the remainder continues in effect, and a failure to enforce a provision is not a waiver of it.

Part B — Additional terms for Creators

This Part applies additionally to Creators. Where it conflicts with Part A in respect of a Creator, this Part prevails.

B1. Free access

Creator accounts are free. Everything a Creator needs to record, protect, and evidence their own work is provided at no charge, and we do not place a paywall on it. We may introduce optional paid services for Creators in future; any such service will be optional, and the protections in this clause will remain free.

B2. Your profile

You are responsible for the accuracy of your profile, including your legal name, trading name, and any registration or KRA PIN you provide. Where identity verification is offered, it confirms that documents were submitted and checked. It is not a warranty by DISAMBI of your identity, solvency, or competence to any Brand.

B3. Your agreements with Brands

Every engagement with a Brand is entered into directly between you and that Brand. DISAMBI is not a party to it, acquires no rights or obligations under it, and does not guarantee the Brand’s performance. Where an agreement is generated through the Platform, the terms are those you and the Brand entered and agreed: we generate the document and record the execution; we do not negotiate on your behalf, and we do not advise you on whether to sign. You are responsible for reading what you sign, and a Record that an agreement was executed is evidence that you agreed to it.

B4. The Register and notifications

The Register records the licences you have granted: what asset, to whom, for what use, on what platforms, for how long, and when the licence expires.

We send notifications about events and approaching deadlines, including licence expiry. These are a convenience. A notification we fail to send does not extend a licence, waive a breach, or create a claim against us, and the absence of one is not evidence that an obligation did not fall due.

Where a Brand’s use of your content appears to exceed the licence recorded, the Register is evidence of what was agreed. Pursuing that use is a matter between you and the Brand. We will produce the Record on request; we will not pursue the claim for you.

B5. Using your work in your portfolio

Your right to use your own work in your portfolio, showreel, website, and self-promotion is governed by your Collaboration Agreement with the relevant Brand. Where a Brand has required a restriction on that right, the Platform records it. A restriction recorded on the Platform cannot extend beyond what the Collaboration Agreement permits.

B6. If your work is used without a licence (takedown support)

Where you report unlicensed use of your content, we will produce the Records evidencing the licence and its scope. We do not issue takedown notices on your behalf, act as your agent before any platform or host, or determine whether an infringement has occurred.

Part C — Additional terms for Brands

This Part applies additionally to Brands. Where it conflicts with Part A in respect of a Brand, this Part prevails.

C1. Paid access

Access to the Platform as a Brand may be charged. Charges, which may include per-agreement charges and subscription plans, are published on the Platform, and no charge applies until it has been published there. Charges are payable in advance unless otherwise agreed in writing, and are exclusive of value added tax and any other applicable taxes, duties, or levies. Where you hold a plan, we will give at least thirty (30) days’ notice of a change to its price, effective from your next renewal.

On expiry or cancellation, you retain read access to the Records of agreements you have executed. Records of executed agreements are not withheld for non-payment of access fees.

C2. Coordination services

Campaign coordination is a separate service provided under a Service Level Agreement and charged separately. These Terms do not entitle you to it. Where you hold a Service Level Agreement, it prevails over these Terms in respect of the coordination services.

C3. Using licensed content

You may use a Creator’s content only within the scope of the licence recorded in your agreement with that Creator: the permitted uses, platforms, territories, and duration stated in it. Use beyond that scope is a matter between you and the Creator. DISAMBI does not grant you any rights in any Creator’s content and cannot extend, vary, or waive a licence on a Creator’s behalf.

The Register is provided so that you can establish what you are entitled to use and when that entitlement ends. You remain responsible for your own compliance: a licence that has expired in the Register has expired whether or not you read the notification.

C4. Verification

You warrant that you are authorised to bind the organisation named on your Account. Where brand verification is offered, it confirms that documents were submitted and checked. It is not a warranty by DISAMBI to any Creator of your solvency or good standing.

C5. Paying Creators

You are solely responsible for paying any fee owed to a Creator. DISAMBI does not receive, hold, process, or disburse those funds and is not an escrow agent, payment processor, or financial intermediary for that relationship. Payment confirmations on the Platform are recorded by the Creator: a payment Record is evidence of what the Creator reported, not confirmation by DISAMBI that funds were received.

Other terms and policies that apply

Depending on how you use the Platform, these documents may also apply to you:

  • Privacy Policy — what personal data we collect, why, who sees it, how long we keep it, and your rights over it. It forms part of these Terms.
  • Collaboration Agreement — the agreement between a Creator and a Brand for a particular engagement. DISAMBI is not a party to it.
  • Service Level Agreement — for Brands that engage DISAMBI for campaign coordination, the separate written agreement for that service.

Acceptance

By checking “I agree to the Terms of Service” during account registration, or by otherwise accessing or using the Platform, you confirm that you have read and agree to these Terms and to the Privacy Policy. Your acceptance is recorded with the date, time, the IP address from which it was given, and the version of these Terms you were shown. Where an account is registered on behalf of an organisation, the individual accepting these Terms confirms they are authorised to bind that organisation.

Contact us

Questions about these Terms can be sent to [email protected].