Effective Date: 4th December 2025

1. Introduction & Acceptance of Terms

Welcome to Digital Moran. These Terms of Service (“Terms”) govern your access to and use of our ecosystem, which includes the Digital Moran Agency marketplace and the AI Brand Strategy Toolkit (collectively, the “Platform”).

By creating an account, accessing the AI Toolkit, or using any of our services, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

2. Definitions

• “Platform”: The Digital Moran ecosystem, including the Agency marketplace (agency.digitalmoran.africa), the AI Brand Strategy Toolkit (strategytoolkit.digitalmoran.africa), and associated services operated by the Digital Moran CBO.

• “Client”: A user who registers to purchase services or hire talent on the Agency Platform.

• “Moran”: An independent contractor who offers professional creative and digital services through the Agency Platform. Morans are not employees of Digital Moran and are solely responsible for their own taxes and statutory contributions.

• “Toolkit User”: Any individual accessing the AI-powered Brand Strategy tools.

• “Project”: A specific service agreement between a Client and a Moran.

• “Escrow”: A neutral holding account for funds related to a Project.

3. General User Responsibilities (All Users)

• Eligibility: You must be at least 18 years old to create an account and use our Platform.

• User Conduct: You agree to use the Platform professionally and in good faith.

• Zero Tolerance Policy: Any attempt to share personal contact information (email, phone number, etc.) or to solicit/make payments off-platform for Agency projects is a direct violation of these Terms. It will result in immediate and permanent account suspension without notice.

4. Specific Provisions: The Digital Moran Agency

These terms apply specifically to Clients and Morans engaging in freelance work.

4.1. Joining the Agency: The Certification Path

Access to the Agency as a Moran is exclusive and by invitation only. Applicants must complete our formal vetting process:

1. Complete the Training: Finish the designated premium curriculum.

2. Submit a Portfolio: Provide proof of practical work for review.

3. Pass a Professionalism Review: We verify standards for communication and ethics. Applicants who do not meet the standard may re-apply after a thirty (30) day period.

4.2. Service Agreements

When a Client and a Moran agree on a Project, they enter into a direct service contract. Digital Moran facilitates this contract but is not a party to it. The “Custom Offer” feature defines the final, binding scope of work.

• Fixed-Price Projects: Single payment for a defined scope.

• Milestone Projects: Large projects broken into phases. Each milestone is funded, approved, and paid individually.

• Recurring Retainers: Ongoing work with automatic, recurring funding.

4.3. Financial Terms

• Escrow Service: Clients must deposit the full amount into Escrow via our secure processor (Paystack) before work begins.

• Service Fees: Upon successful completion, Digital Moran releases 70% of funds to the Moran and retains a 30% service fee to cover platform maintenance, marketing, and support.

• Withdrawals: Morans may request withdrawals once their balance reaches KES 2,000. Requests are processed within 48 business hours (Mon-Fri, 8 AM – 5 PM EAT).

• No Interest: You acknowledge that you will not receive interest on funds held in Escrow.

4.4. Disputes & Refunds

• Client Non-Response: If work is submitted and the Client does not respond within fourteen (14) days, the work is deemed approved and funds are released to the Moran.

• Non-Delivery: If a Moran fails to deliver, the Client is entitled to a full refund to their Digital Moran wallet.

• Dispute Resolution: Disputes must follow our 4-step process:

  1. Direct Chat Resolution.

  2. Digital Moran Mediation via video call.

  3. Independent Professional Mediation (shared cost).

  4. Legal Recourse.

5. Specific Provisions: The AI Brand Strategy Toolkit

These terms apply specifically to users of our AI tools.

5.1. Nature of Service

The AI Brand Strategy Toolkit is an educational aid designed to assist in drafting strategies. It uses Artificial Intelligence to generate content.

• AI Disclaimer: AI can occasionally generate incorrect or generic information. You are responsible for reviewing, verifying, and refining all outputs before using them in your business.

• “As Is” Basis: We make no warranties regarding the market success or financial results of any strategy generated by this tool.

5.2. Data & Storage

• Local Storage Warning: The Toolkit saves data to your browser’s Local Storage for convenience. Digital Moran is not responsible for data loss resulting from cleared caches, device failure, or browser updates.

• Backup: You are responsible for exporting your strategy (via PDF download) regularly to ensure you have a permanent copy.

6. Intellectual Property Rights

6.1. Platform IP

The structure, code, methodology, “Think Mode” framework, and specific AI prompts of the AI Brand Strategy Toolkit and Platform are the intellectual property of Digital Moran. You may not copy, reverse engineer, or sell this software.

6.2. User IP (Agency Work)

Upon full and final payment to the Moran, the Client is granted all intellectual property rights for the specific creative work delivered for that Project.

6.3. User IP (Toolkit Content)

You own the content and strategy you create using the AI Brand Strategy Toolkit. The brand names, vision statements, and plans generated are yours to use for your business.

7. Limitation of Liability

To the maximum extent permitted by Kenyan law, Digital Moran shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Service, whether through the hiring of talent or the use of AI tools.

8. Governing Law

These Terms of Service and any dispute arising from them shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes shall be resolved in the courts of Nairobi.