Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and GILDA ("we", "us", or "our") governing your access to and use of the GILDA platform, including our website, web application, APIs, and related services (collectively, the "Platform").

By registering for an account, clicking "I Agree," or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Content Policy, which are incorporated herein by reference.

These Terms are governed by the laws of the United Republic of Tanzania, including the Electronic and Postal Communications Act (Cap. 306), the Cybercrimes Act 2015, the Personal Data Protection Act 2022, and the Law of Contract Act (Cap. 345).

2. About the Platform

GILDA is a social network and content sharing platform. It enables Creators to share and monetise their own content (as well as subscribe to, and view, the content of other Creators), and enables Fans to subscribe to and view the content of Creators.

Creators may post a wide range of content — including lifestyle, fitness, art, music, photography, personal vlogs, and other original works — and set whether each piece of content is available for free or behind a paid subscription tier. Fans may browse free content and purchase subscriptions to access premium content from Creators they support.

GILDA does not produce, own, or control Creator content. We are a technology platform that provides tools for Creators to publish and monetise their content and for Fans to access it. Creators are solely responsible for the content they upload and for ensuring it complies with these Terms, our Content Policy, and all applicable laws.

3. Eligibility — Strictly 18 Years and Older

GILDA is strictly restricted to persons who are 18 years of age or older. You must be at least 18 years old to register, access, or use the Platform in any capacity.

By accessing the Platform, you represent and warrant that:

You are at least 18 years of age
You have the legal capacity to enter into a binding contract under Tanzanian law
You are not accessing the Platform on behalf of any person under the age of 18
You have not been previously suspended or permanently banned from the Platform

We reserve the right to require identity or age verification at any time. Providing false information about your age is a serious violation of these Terms and may constitute an offence under Tanzanian law.

If we discover or have reason to believe that a user is under 18, we will immediately suspend their account and delete all associated content and data without notice.

4. Account Registration

To use most features of the Platform, you must create an account. When registering:

You must provide accurate, current, and complete information
You must choose a unique username that does not impersonate another person or entity
You are responsible for maintaining the confidentiality of your password and account
You are responsible for all activity that occurs under your account
You must immediately notify us of any unauthorised use of your account at support@gilda.app
You may only hold one account; creating multiple accounts is prohibited

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, including for violation of these Terms or applicable law.

5. Creators and Fans

5.1 Fans

Fans are users who discover, follow, and support Creators. Fans may:

Follow Creator profiles and view free content
Purchase subscriptions to access premium and VIP content
Like, comment on, and interact with content
Send private messages to Creators (subject to Creator settings)
Purchase Creator contact information where offered

5.2 Creators

Creators are users who upload and monetise original content on the Platform. To post premium content, Creators must:

Hold an active Creator subscription plan (daily, weekly, or monthly)
Confirm that they are 18 years of age or older
Ensure all persons who appear in their content are 18 years or older and have given informed consent to appear in and be distributed on the Platform
Maintain consent documentation for all persons appearing in their content and provide such documentation to us upon request

A Creator's account on GILDA is personal to that Creator. Creators may not sell, transfer, or allow third parties to operate their account without our prior written consent.

6. Prohibited Conduct

The following conduct is strictly prohibited on the Platform and may result in immediate account termination and referral to law enforcement:

6.1 Zero-Tolerance Violations

Child sexual abuse material (CSAM): Any sexual or sexualised content involving persons under the age of 18. This is a criminal offence under the Cybercrimes Act 2015 and the Sexual Offences Special Provisions Act (SOSPA). We report all such content to Tanzanian authorities immediately.
Non-consensual intimate imagery: Uploading, sharing, or distributing intimate images or videos of any person without their explicit, documented consent. This is an offence under the Cybercrimes Act 2015.
Human trafficking: Using the Platform to recruit, advertise, exploit, or facilitate trafficking in persons. This is an offence under the Anti-Trafficking in Persons Act 2008.

6.2 Other Prohibited Behaviour

Impersonating any person, company, or authority
Harassing, threatening, bullying, or stalking other users
Hate speech targeting individuals based on race, ethnicity, religion, gender, disability, or sexual orientation
Uploading content that glorifies or incites violence or self-harm
Posting spam, unsolicited promotions, or pyramid schemes
Attempting to circumvent our age verification or access controls
Reverse engineering, scraping, or attempting to access our systems without authorisation (offence under the Cybercrimes Act 2015)
Using the Platform to facilitate money laundering
Uploading malware, viruses, or harmful code
Creating accounts to evade a previous suspension or ban

7. Creator Obligations

As a Creator on GILDA, you agree to the following:

Consent: You must have documented, written consent from every identifiable person appearing in your content confirming they are 18+ and consent to the specific content and its distribution on the Platform.
Original content: You must only upload content you own or have the right to distribute. You must not upload content belonging to others without proper licensing.
Accurate representation: You must not misrepresent your identity, age, or the nature of the services you offer.
Compliance: You acknowledge that content distributed in Tanzania is subject to regulation by the Tanzania Communications Regulatory Authority (TCRA) and must comply with all applicable regulations.
Tax obligations: Creator earnings may be subject to Tanzanian income tax. You are solely responsible for declaring and paying applicable taxes to the Tanzania Revenue Authority (TRA).

8. Payment Terms

All transactions on GILDA are processed in Tanzanian Shillings (TSh) via ZenoPay, our authorised payment processor for Tanzanian mobile money networks (Mpesa, Airtel Money, Tigo Pesa, and Halopesa).

Fan subscriptions: Subscriptions to Creators are billed at the rate set by the Creator in TSh and are paid manually each period. There is no automatic renewal — you must make a new payment to continue access after your subscription period ends.
Content purchases: One-time purchases are final and non-refundable once the content or information has been delivered.
Refund policy: Refunds are issued at our sole discretion and only where content was not delivered or access was denied due to a platform error.
Disputes: For payment disputes, contact billing@gilda.app within 14 days of the transaction.

9. Creator Earnings and Payouts

Creator earnings are accumulated in your GILDA wallet after platform fees are deducted. The current platform fee is displayed in your Creator dashboard.
Withdrawals are processed to your registered mobile money number within 3–7 business days, subject to identity verification and minimum withdrawal thresholds.
We reserve the right to withhold or delay payments where there is an active investigation into your account for policy violations.
You are solely responsible for all tax obligations on your earnings.

10. Intellectual Property

10.1 Your Content

You retain all ownership rights to the original content you upload. By uploading content, you grant GILDA a non-exclusive, worldwide, royalty-free licence to host, store, distribute, and display your content on the Platform for the purpose of operating the service. This licence ends when you delete the content or close your account.

10.2 GILDA's Intellectual Property

The GILDA name, logo, design, software, and all platform features are owned by GILDA and protected by applicable intellectual property laws. You may not use our trademarks, copy our software, or reproduce our platform design without our written consent.

10.3 Copyright Complaints

If you believe content on the Platform infringes your copyright, please review our Copyright Policy for the takedown procedure.

11. Content Moderation and Takedowns

We reserve the right to remove any content at any time, with or without notice, that violates these Terms, our Content Policy, or applicable Tanzanian law, or is the subject of a valid copyright takedown notice.

To report violations, use our in-platform reporting feature or email safety@gilda.app.

12. Account Suspension and Termination

We may suspend or permanently terminate your account, with or without notice, for:

Any violation of these Terms or our Content Policy
Providing false information, including false age verification
Fraudulent activity or payment disputes initiated in bad faith
A request or order from Tanzanian law enforcement or the TCRA

You may close your account at any time by going to Settings or by contacting support@gilda.app.

13. Limitation of Liability

To the maximum extent permitted by applicable Tanzanian law:

GILDA is provided "as is" and "as available" without warranties of any kind.
We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform.
We are not responsible for the content uploaded by Creators. Creators are solely responsible for the legality and accuracy of their content.
Our total liability to you for any claim shall not exceed the amount you paid to us in the 3 months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless GILDA, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or related to your use of the Platform, your content, your violation of these Terms, or any false information you provided.

15. Anti-Human Trafficking and Child Protection Statement

GILDA has a zero-tolerance policy for human trafficking, sexual exploitation, and any content that endangers or exploits children.

We are committed to:

Actively detecting and removing content that promotes, facilitates, or depicts human trafficking or sexual exploitation
Immediately reporting any child sexual abuse material (CSAM) to the Tanzania Police Force and relevant authorities
Cooperating fully with law enforcement investigations into trafficking and exploitation on our platform

If you encounter content that you believe depicts human trafficking or child exploitation, report it immediately to safety@gilda.app.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United Republic of Tanzania. Any dispute shall be subject to the exclusive jurisdiction of the courts of Tanzania, with primary jurisdiction in the High Court at Dar es Salaam.

Before initiating formal legal proceedings, you agree to first contact us at legal@gilda.app and allow us 30 days to attempt resolution.

17. Changes to These Terms

We may update these Terms at any time. We will notify you of material changes via email or in-app notification at least 14 days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

For any questions, contact us at legal@gilda.app.