1. Acceptance of Terms
By accessing or using any service provided by DuabaLabs ("DuabaLabs", "we", "us", or "our"), including but not limited to DPS, Sellub, 3y3anaa, Connect, TBD Logistics, Duaba Studio, and DuabaNti (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").
If you do not agree to these Terms, you must not access or use our Services. We reserve the right to modify these Terms at any time. Continued use of the Services after changes constitutes acceptance of the updated Terms.
2. Definitions
- "User" means any individual or entity that accesses or uses the Services.
- "Account" means a registered user profile on any DuabaLabs platform.
- "Content" means any data, text, images, code, or materials uploaded, submitted, or generated through the Services.
- "Merchant" means a business or individual using Sellub or other commerce services to sell products or services.
- "Client" means a business or individual that engages Duaba Studio for software development services.
- "Platform" refers to any website, application, API, or digital property operated by DuabaLabs.
3. Eligibility
You must be at least 18 years of age to create an account or enter into a commercial agreement with DuabaLabs. Users under 18 may access educational services (e.g., DuabaNti) with verified parental or guardian consent.
By using our Services, you represent that you have the legal authority to enter into these Terms on behalf of yourself or the entity you represent.
4. Account Registration & Security
- You must provide accurate, complete, and current information during registration.
- You are responsible for maintaining the confidentiality of your account credentials.
- You must immediately notify us of any unauthorized access to your account.
- We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.
- One person or entity may not maintain multiple accounts without prior authorization.
5. Acceptable Use Policy
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party rights
- Upload, transmit, or distribute malicious code, viruses, or harmful software
- Engage in fraud, money laundering, or terrorist financing
- Harass, abuse, or threaten other users
- Scrape, crawl, or extract data from our platforms without authorization
- Circumvent security measures, access controls, or rate limits
- Resell or redistribute our Services without a written agreement
- Use the Services to send unsolicited communications (spam)
- Impersonate any person or entity
- Interfere with or disrupt the integrity or performance of the Services
6. Service-Specific Terms
6.1 DPS (Duaba Platform Services)
- DPS provides managed hosting, CI/CD pipelines, and cloud infrastructure services.
- Users are responsible for the content and applications they deploy on DPS infrastructure.
- We reserve the right to suspend services that consume excessive resources or violate our acceptable use policy.
- Uptime guarantees, if any, are specified in separate Service Level Agreements (SLAs).
6.2 Sellub (Commerce Marketplace)
- Merchants must provide accurate product descriptions and pricing.
- DuabaLabs facilitates transactions but is not a party to the sale between merchant and buyer.
- Merchants are responsible for fulfillment, returns, and customer service for their products.
- We may charge transaction fees, subscription fees, or commission as specified in merchant agreements.
- We reserve the right to remove listings that violate our policies or applicable law.
6.3 3y3anaa (Trust & Reviews)
- Reviews must be honest, factual, and based on genuine experience.
- We reserve the right to remove fabricated, defamatory, or incentivized reviews.
- Businesses may respond to reviews but may not coerce users to modify or remove reviews.
6.4 Connect (Social Automation)
- Users must comply with the terms of service of connected third-party social platforms.
- DuabaLabs is not responsible for actions taken by third-party platforms (e.g., account suspension).
- OAuth tokens are stored encrypted and can be revoked at any time by the user.
6.5 TBD Logistics
- Logistics services are subject to applicable import/export laws and customs regulations.
- Users must provide accurate shipment information and documentation.
- DuabaLabs is not liable for delays caused by customs, government agencies, or force majeure events.
- Insurance coverage, where available, is subject to separate terms.
6.6 Duaba Studio
- Custom software development is governed by separate project agreements and statements of work.
- Intellectual property ownership is determined by the applicable project agreement.
- Standard development terms apply unless explicitly superseded by a written client agreement.
6.7 DuabaNti (Youth Empowerment)
- DuabaNti programs are provided free of charge.
- Participants under 18 require parental or guardian consent.
- Program content is for educational purposes and may not be commercially redistributed.
- DuabaLabs reserves the right to modify, suspend, or discontinue programs at any time.
7. Intellectual Property
All intellectual property rights in the Services, including but not limited to software, designs, trademarks, logos, documentation, and content created by DuabaLabs, are owned by DuabaLabs or its licensors.
- You may not copy, modify, distribute, or create derivative works from our proprietary materials without prior written consent.
- User-generated content remains the property of the user, but you grant DuabaLabs a non-exclusive, worldwide license to display, distribute, and process such content as necessary to provide the Services.
- For Duaba Studio projects, IP ownership is governed by the applicable project agreement.
8. Payment & Fees
- Certain Services require payment of fees as specified on the applicable platform or in a written agreement.
- All fees are quoted in the currency specified and are exclusive of applicable taxes unless otherwise stated.
- Payments are processed by certified third-party payment processors.
- Late payments may result in service suspension or termination.
- Refunds are handled according to the refund policy applicable to each service.
- We reserve the right to change pricing with reasonable notice.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUABALABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Service interruptions, system failures, or data loss
- Actions or omissions of third-party service providers
- Content uploaded or shared by users
Our total liability for any claim arising from these Terms shall not exceed the total fees paid by you to DuabaLabs in the twelve (12) months preceding the claim.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DuabaLabs does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components.
11. Indemnification
You agree to indemnify, defend, and hold harmless DuabaLabs, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.
12. Termination
- You may terminate your account at any time by contacting us or using account settings where available.
- We may suspend or terminate your access to the Services at any time for violation of these Terms, non-payment, or any reason at our sole discretion with reasonable notice.
- Upon termination, your right to use the Services ceases immediately.
- We may retain certain data as required by law or for legitimate business purposes.
- Provisions that by their nature should survive termination (including liability limitations, indemnification, and dispute resolution) shall survive.
13. Dispute Resolution
Any dispute arising from or relating to these Terms or the Services shall be resolved as follows:
- Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation.
- Mediation: If negotiation fails, the parties shall submit the dispute to mediation administered by a mutually agreed mediator.
- Arbitration: If mediation fails, the dispute shall be resolved by binding arbitration in accordance with the laws of Ghana.
14. Force Majeure
DuabaLabs shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, war, terrorism, internet or telecommunications failures, power outages, or third-party service disruptions.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
16. Entire Agreement
These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and DuabaLabs regarding the Services and supersede all prior agreements, understandings, and representations.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Ghana, without regard to conflict of law principles. Where applicable, international regulations (including GDPR for EU data subjects) shall also apply.
18. Contact Information
DuabaLabs
Accra, Ghana
legal@duabalabs.com
contact@duabalabs.com