Terms of Service
Last updated: March 2025
These Terms of Service (“Terms”) govern your use of the BrandSmith platform operated by BrandSmith Technologies Ltd (“BrandSmith”). By creating an account or using the platform, you agree to these Terms.
1. The Platform
BrandSmith is a two-sided marketplace connecting businesses (“Clients”) with creative and production service providers (“Providers”). BrandSmith facilitates connections but is not a party to any agreement between Clients and Providers.
2. Accounts
- You must be at least 18 years old to create an account.
- You are responsible for maintaining the security of your account credentials.
- You may not create accounts on behalf of others without their explicit consent.
- Each person or business may hold one active account per role (Client or Provider).
3. Client Terms
Clients may post briefs describing their project requirements. Briefs must be genuine — posting speculative, misleading, or test briefs is prohibited. BrandSmith reserves the right to remove any brief that violates these Terms. Posting a brief is free.
4. Provider Terms
Providers must maintain an active paid subscription to receive and respond to briefs. Provider profiles must accurately represent their skills, experience, and location. Misrepresentation will result in immediate account suspension. Providers are independent contractors — BrandSmith does not employ providers.
5. Subscriptions & Payments
- Provider subscriptions are billed monthly and renew automatically.
- Payments are processed via Paystack. BrandSmith does not store card details.
- Subscriptions may be cancelled at any time; access continues until the end of the billing period.
- Refunds are offered at BrandSmith's discretion. Contact enquiry@brandsmith.ke within 7 days of a charge to request a review.
6. Prohibited Conduct
You may not:
- Use the platform for spam, harassment, or illegal activity
- Attempt to circumvent BrandSmith by taking platform connections off-platform to avoid fees
- Upload infringing, defamatory, or harmful content
- Scrape, copy, or reverse-engineer any part of the platform
- Impersonate another person or business
7. Content & Intellectual Property
You retain ownership of content you upload (portfolio work, briefs, proposals). By uploading, you grant BrandSmith a non-exclusive licence to display that content on the platform. BrandSmith's own brand, design, and codebase remain our intellectual property.
8. Liability Limitations
BrandSmith is a marketplace facilitator. We are not liable for the quality, safety, or legality of services delivered between Clients and Providers. Our total liability to you for any claim shall not exceed the subscription fees paid in the 3 months prior to the claim.
9. Termination
BrandSmith may suspend or terminate accounts that violate these Terms, with or without notice. You may close your account at any time from your dashboard settings.
10. Governing Law
These Terms are governed by the laws of Kenya. Disputes shall be resolved through the courts of Nairobi, Kenya, unless otherwise required by your local consumer protection laws.
11. Changes
We may revise these Terms from time to time. Material changes will be communicated by email. Continued use of the platform after changes constitutes acceptance.
12. Contact
For legal enquiries: enquiry@brandsmith.ke
BrandSmith Technologies Ltd, Nairobi, Kenya.