Afeed - Terms and Conditions

Effective Date: 09 August 2025

Legal Entity: Afeed Company for Website and Application Development W.L.L., Kuwait

1. Definitions

For the purposes of these Terms and Conditions and the associated Privacy Policy (collectively, the “Agreement”), the following definitions shall apply:

“Afeed” refers to Afeed Company for Website and Application Development W.L.L., a limited liability company organized and existing under the laws of the State of Kuwait, which owns and operates the Afeed platform, including all associated websites, web-based services, APIs, mobile applications, communication tools, and support channels.

“Platform” refers collectively to Afeed’s software-as-a-service system, marketplace, hosting infrastructure, and associated tools which facilitate the publication, promotion, distribution, and monetization of digital content and live sessions by Content Creators.

“Content Creator” means any natural person, legal entity, or other business enterprise that registers for an account on the Afeed Platform for the primary purpose of uploading, selling, or distributing digital products or live sessions.

“User” refers to any natural person or legal entity that accesses the Platform for the purpose of consuming, purchasing, or interacting with digital content or services made available by Content Creators.

“Digital Products” include, but are not limited to: pre-recorded video courses, written materials, audio files, presentations, guides, e-books, and downloadable templates.

“Live Sessions” refer to real-time, scheduled virtual events including consultations, coaching, and group workshops conducted via the Platform.

“Subscription Plan” refers to the payment-based access model which governs the Content Creator’s use of the Platform.

“UPayments” refers to the third-party licensed payment processor responsible for executing transactions between Users and Afeed.

“Kuwaiti Law” means all applicable legislation and regulatory requirements within the State of Kuwait.

“Force Majeure” includes all circumstances beyond reasonable control, including war, natural disasters, governmental restrictions, power outages, or system failures.

2. Acceptance of Terms

By registering for, accessing, or using the Platform, you accept and agree to be legally bound by this Agreement. If you do not accept these Terms in full, you must refrain from using the Platform.

You affirm that:

• You are at least eighteen (18) years of age or the legal age of majority in your jurisdiction.

• You are legally capable of entering into binding agreements.

• If acting on behalf of an entity, you are duly authorized to bind such entity.

Afeed may amend this Agreement at any time. Changes will be published on the Platform or communicated via email. Continued use of the Platform constitutes acceptance of the revised Terms.

This Agreement supersedes all prior agreements, verbal or written, between the parties concerning the subject matter herein.

3. Platform Access, Subscription, and Service Scope

3.1 For Content Creators

Creators are required to subscribe to one of Afeed’s available plans: Basic, Growth, or Pro. Plans are available on monthly or annual billing cycles and renew automatically unless cancelled prior to the renewal date.

Creators are solely responsible for:

• Setting product pricing and refund terms.

• Delivering purchased services to Users.

• Ensuring content complies with applicable laws and does not infringe third-party rights.

Afeed reserves the right to modify pricing, feature availability, or service scope at its discretion, provided reasonable notice is given.

3.2 For Users

Users may access free or paid content. By purchasing, Users agree to the specific Creator’s terms and pricing. Users must not reproduce or share purchased content outside the scope of personal use.

Afeed is not liable for any inaccuracies, failures, or quality deficiencies in content published by independent Creators.

3.3 Service Modifications

Afeed may modify, suspend, or discontinue the Platform or its features at any time without liability.

4. Payment Processing, Settlement, and Dispute Resolution

All financial transactions executed by Users on the Afeed platform for the purchase of digital content, services, or live sessions offered by Content Creators shall be processed exclusively through UPayments, a third-party licensed payment service provider authorized to operate in the State of Kuwait.

Funds collected from Users for such purchases are remitted by UPayments to Afeed, based on settlement cycles that are dependent on the specific payment method utilized by the User. These include, but are not limited to, debit card, credit card, and Apple Pay transactions. Such settlement cycles are typically carried out on a T+1 (transaction date plus one business day) or T+3 (transaction date plus three business days) basis, in accordance with UPayments’ internal clearing policies and the requirements of local acquiring banks and payment networks.

Upon successful receipt of cleared funds from UPayments, Afeed shall, in turn, initiate payment to the applicable Content Creator in accordance with a weekly settlement schedule. This schedule is determined solely by Afeed and may be revised from time to time at Afeed’s discretion. It is the responsibility of each Content Creator to ensure that their designated bank account information is accurate, complete, and up to date to facilitate timely settlements. Afeed shall not be held liable for any failed disbursements due to outdated or incorrect banking credentials provided by the Content Creator.

In the event of any discrepancies, delays, or disputes related to payment settlements - including, but not limited to, missing funds, underpayments, failed transfers, incorrect amounts, or chargeback-related issues - the affected Content Creator shall notify Afeed in writing by sending a formal inquiry to [email protected]. Such notices must include all relevant supporting documentation, such as transaction references, screenshots, or correspondence logs, to facilitate prompt review and resolution.

Upon receiving such notification, Afeed shall assume the role of primary liaison in communicating with UPayments for the purpose of investigating and resolving the matter. While Afeed will undertake commercially reasonable efforts to engage with UPayments and provide updates to the Content Creator, Afeed disclaims any liability for delays, reversals, rejections, or settlements arising from UPayments’ internal policies, banking partner delays, system outages, or force majeure events that may impact the processing of funds.

Furthermore, Afeed reserves the right to withhold, defer, or offset part or all of any payment amount owed to a Content Creator in the following situations:

• Where Afeed has a reasonable and good-faith belief that such funds are connected to potentially fraudulent activity, violations of applicable law, or breaches of these Terms;

• Where chargebacks, refund claims, or User complaints have been initiated that involve the concerned funds;

• Where any investigation is pending with UPayments or a regulatory authority concerning those transactions.

Such withholdings or offsets shall remain in effect until the matter is resolved, at Afeed’s sole discretion, and subject to any overriding obligations under applicable Kuwaiti commercial or financial services law.

5. Refund Policy

5.1 Refund Policy for Content Creators (Subscription Fees)

Content Creators subscribing to Afeed’s services do so with the understanding that their subscription grants access to a suite of proprietary tools and resources provided as a software-as-a-service (SaaS) platform. Subscription fees, once paid, are deemed earned upon receipt and are generally non-refundable.

However, in limited and exceptional circumstances, Afeed may, at its sole discretion, issue a refund of subscription fees to a Content Creator under the following conditions:

• A billing error resulting in duplicate or unauthorized charges initiated by Afeed or its payment processor;

• A verified and documented failure of the Platform to provide essential functionality for a continuous period of no less than five (5) business days;

• Misapplication of pricing tiers or the provision of incorrect services inconsistent with the selected subscription plan.

To request a refund, Content Creators must submit a written request to [email protected] within fourteen (14) calendar days from the date of the original transaction. The request must include:

• A description of the issue or error;

• Transaction reference number(s);

• Any applicable screenshots or supporting documentation.

Refunds, if granted, shall be issued to the original payment method and may take up to fourteen (14) business days to process. Afeed retains full discretion to accept or reject refund claims and such determinations shall be final and binding.

Content Creators acknowledge that refunds will not be provided for:

• User dissatisfaction with services unrelated to a platform malfunction;

• Early cancellation or failure to use the full subscription period;

• Changes in pricing or feature sets occurring after payment.

5.2 Refund Policy for Users (Digital Products and Live Sessions)

Afeed acts as a hosting and facilitation platform only and does not own or control the digital content or live sessions sold by Content Creators. As such, Afeed disclaims all liability for the refund or reimbursement of payments made by Users to Content Creators.

All refund requests from Users shall be governed by the individual Content Creator’s refund policy, if any. It is the responsibility of the User to review and understand the applicable terms provided by the Creator at the time of purchase.

If a User wishes to request a refund, such request must be made directly to the Creator through the contact method specified on the Creator’s profile or product page. Afeed is not obligated to intervene in disputes between Users and Creators regarding refund claims unless:

• The transaction was never processed or confirmed by Afeed’s payment processor;

• There is a credible claim of payment fraud directly tied to the Platform;

• A systemic platform failure prevented access to purchased content.

In such cases, Afeed may, at its discretion, initiate a limited internal review and, where appropriate, facilitate communication between the parties involved. Afeed shall not, however, act as an arbitrator or bear financial liability for any loss or dissatisfaction arising from the conduct of Content Creators.

Users are strongly encouraged to retain proof of purchase, correspondence with the Creator, and evidence of attempted resolution before escalating matters to Afeed.

6. Content Ownership & Intellectual Property Rights

6.1 Ownership by Content Creators

Content Creators retain all legal rights, title, and interest in and to any original content they upload, publish, or otherwise make available through the Afeed Platform. This includes, but is not limited to:

• Course videos and recorded sessions;

• E-books, PDFs, and downloadable documents;

• Branding, logos, trademarks, and other creator-specific assets;

• Text-based materials including blogs, product descriptions, and FAQs;

• Visual assets such as thumbnails, banners, and illustrations.

By uploading content to the Platform, the Content Creator represents and warrants that:

• They are the sole owner of the content, or possess all rights, licenses, and permissions necessary to distribute it;

• The content does not infringe upon or violate the rights of any third party, including copyright, trademark, trade secret, or contractual obligations;

• The content is not subject to any confidentiality agreement or restriction that would prohibit its public display or sale.

6.2 Grant of Limited License to Afeed

By uploading content, the Content Creator grants Afeed a non-exclusive, royalty-free, worldwide, revocable license to:

• Store, reproduce, display, and host the content on its servers;

• Make the content available to Users through the Creator’s profile or storefront;

• Promote the content as part of Afeed’s internal marketing, indexing, and search functionality.

This license is granted solely for the purpose of enabling Afeed to operate the Platform and deliver services. Afeed shall not use Creator content for resale, commercial redistribution, or third-party partnerships without the Creator’s express written consent.

The license shall automatically terminate upon the deletion of the Creator’s account or the specific removal of the content from the Platform, except to the extent necessary to:

• Comply with applicable legal, financial, or regulatory obligations (e.g., audits or data retention);

• Enforce refund policies or investigate violations of these Terms.

6.3 User Access to Content

Upon successful purchase or registration, Users are granted a non-exclusive, non-transferable, non-sublicensable, limited right to access and view the content via the Afeed Platform. This license is subject to the following limitations:

• Content may only be accessed for personal, non-commercial use;

• Users may not download, copy, reproduce, or distribute content unless expressly allowed by the Content Creator;

• Sharing of login credentials or account details for the purpose of content access by unauthorized parties is strictly prohibited.

Violation of these terms may result in immediate account suspension or termination, and may expose the User to civil or criminal liability for copyright infringement.

6.4 Intellectual Property Infringement

If a User or third party believes that content published on the Afeed Platform infringes upon their intellectual property rights, they may submit a formal notice of infringement to [email protected] with the following details:

• Identification of the protected work;

• Description of the allegedly infringing material;

• Proof of ownership or licensing rights;

• A signed declaration attesting to the accuracy of the claim.

Afeed will review such claims in good faith and take action in accordance with applicable law, which may include removing or disabling access to the infringing content, and suspending the account of the offending party.

7. Prohibited Content and Conduct

Afeed maintains a zero-tolerance policy toward unlawful, harmful, or abusive behavior on its Platform. All Users and Content Creators must adhere to the standards outlined below. Violations of this section may result in immediate suspension or permanent termination of account access, removal of content, and potential legal action.

7.1 Prohibited Content

The following types of content are strictly forbidden from being uploaded, published, or otherwise distributed via the Platform by any party:

• Sexual and Adult Content: Pornography, sexually explicit material, lewd or suggestive imagery, or services promoting sexual acts.

• Hate Speech and Discrimination: Content that promotes violence, hostility, or discrimination based on race, ethnicity, religion, gender, disability, nationality, age, sexual orientation, or any protected characteristic under Kuwaiti law or international standards.

• Violent or Graphic Material: Content depicting or glorifying physical harm, abuse, cruelty, or threats against individuals or groups.

• Fraudulent or Deceptive Services: Including false claims about content effectiveness, academic credentials, unverified testimonials, or misleading advertising.

• Unlicensed or Unauthorized Services: Financial, legal, or medical advice offered by individuals or entities lacking required licenses, certifications, or regulatory approvals under Kuwaiti or international law.

• Illegal or Restricted Activities: Promotion or sale of illicit substances, weapons, hacking tools, or services violating applicable laws and regulations.

• Malware, Spam, or Phishing: Uploading malicious code, deceptive redirects, or attempts to collect user credentials or payment information through fraudulent means.

• Intellectual Property Violations: Content that infringes upon the copyright, trademark, patent, or publicity rights of any third party.

Afeed reserves the unilateral right to review, restrict, unpublish, or remove any content it deems, in its sole discretion, to violate these standards, even if the content has not been specifically reported.

7.2 Prohibited Conduct

Users and Creators are further prohibited from engaging in the following conduct on or off the Platform in connection with Afeed:

• Harassment, abuse, or threats toward other users, creators, or Afeed personnel.

• Impersonation of another person, business, or platform representative.

• Circumvention of platform security measures, including unauthorized API access, code manipulation, or scraping of platform data.

• Exploitation of platform bugs, pricing errors, or fraudulent chargebacks.

• Use of automated bots, fake engagement (e.g., views, reviews), or artificial traffic to inflate performance metrics.

7.3 Enforcement and Reporting

Afeed encourages Users and Creators to report violations of this policy by contacting [email protected] with supporting evidence.

Upon verification of a prohibited act or content, Afeed will issue a notice to the Content Creator or User, requiring them to remove the offending content within one (1) hour. Failure to comply may result in:

• Immediate removal of the content;

• Temporary or permanent suspension of the account;

• Withholding of pending Creator payouts;

• Referral to relevant authorities in accordance with Kuwaiti legal obligations.

Repeat offenders or egregious violations may be permanently banned without further notice or refund eligibility.

8. Non-Payment, Account Suspension, and Reactivation

Afeed relies on timely payment of subscription fees to sustain operational and infrastructure services offered to Content Creators. To this end, strict guidelines govern the consequences of non-payment and Creator account suspension.

8.1 Payment Obligation

Content Creators agree to maintain valid billing information for the duration of their subscription. Subscription fees must be paid in full, in advance, according to the billing cycle selected (monthly or annually).

Failure to maintain payment obligations shall trigger an automated dunning sequence whereby Afeed will attempt to collect payment through the stored method up to four (4) times over a fourteen (14) day period.

8.2 Suspension Protocol

If all payment attempts fail, the Creator’s account will enter a suspended state, effective immediately. During this period:

• Access to the dashboard, Creator tools, and analytics will be disabled.

• All published digital products and live sessions will be unpublished and rendered inaccessible to Users.

• Upcoming live sessions will be automatically cancelled without refund liability to Afeed or the User.

• No new content may be uploaded, and Creator support will be limited to reactivation assistance only.

Afeed shall notify the Creator via the registered email on file and may issue one or more reminders before initiating long-term retention or deletion protocols.

8.3 Data Retention & Reactivation

During suspension, Afeed shall retain the Content Creator’s data, including uploaded content, user access records, and store configurations, for a period of three hundred sixty-five (365) calendar days from the date of suspension.

Within this retention period:

• The Creator may reactivate their account by completing payment of outstanding subscription fees.

• Upon successful reactivation, the Creator’s content, settings, and page visibility will be restored in accordance with their selected subscription tier.

Failure to settle payment within this 365-day window shall result in automatic and permanent deletion of:

• All digital products and uploaded files;

• Customer data and purchase histories;

• Profile branding and configuration settings.

Afeed is not responsible for recovering or restoring deleted data beyond this retention window.

8.4 Impact on Users

In the event of a Creator’s account suspension or termination, Users who previously purchased products or sessions from that Creator will immediately lose access to such content. Users shall be advised to contact the respective Creator for further assistance or refunds.

Afeed assumes no responsibility or liability for:

• User dissatisfaction stemming from Creator absence or content unavailability;

• Refunds, support, or credit issuance for content associated with suspended accounts;

• Missed appointments or live sessions resulting from Creator non-payment.

9. Termination and Account Deletion

Afeed reserves the right to terminate access to the Platform, suspend account functionality, or permanently delete an account, either at its sole discretion or in response to specific violations of this Agreement. This clause applies to both Content Creators and Users, and may be enforced with or without prior notice, depending on the severity of the breach.

9.1 Termination by Afeed

Afeed may initiate account termination or deletion under the following circumstances:

• Material breach of these Terms, including repeated policy violations or engagement in illegal activity;

• Fraudulent behavior, including the use of false identities, intentional chargebacks, or manipulation of payout processes;

• Prohibited content or conduct as described under Section 7;

• Unresolved disputes or claims involving misuse of the Platform, abuse of refund policies, or disputes escalated through UPayments;

• Non-compliance with legal obligations, including court orders or directives from regulatory authorities within the State of Kuwait.

Upon such termination:

• All access to Platform services will be revoked immediately;

• Digital content will be permanently unpublished;

• Outstanding payouts may be withheld pending investigation;

• No refunds for subscription fees or purchased services shall be issued.

In the event Afeed believes there is an imminent risk to the safety, security, or data integrity of the Platform or its Users, it may suspend or delete an account without notice, subject to applicable legal recourse.

9.2 Termination by the Account Holder

Any User or Content Creator may request voluntary termination of their account by submitting a formal written request to [email protected] from their registered email address. Such requests must include:

• Full name and account ID;

• Reason for termination (optional);

• A declaration confirming that all associated activity will cease upon closure.

Once the request is verified, Afeed will:

• Deactivate the account within ten (10) business days;

• Data handling and deletion shall be governed by Afeed’s Privacy Policy;

• Revoke access to any creator tools, digital content, and user dashboards.

Users acknowledge that voluntary termination is final and that all data, files, and purchased access may be permanently erased, subject to data retention regulations.

9.3 Post-Termination Obligations

The following obligations survive termination:

• Payment of outstanding balances or settlement of dues;

• Legal responsibilities for previously published content;

• Enforcement of intellectual property rights or violations;

• Cooperation with dispute resolution processes underway at the time of termination.

Afeed retains the right to preserve records of terminated accounts to comply with anti-fraud, taxation, audit, and consumer protection requirements in Kuwait and internationally.

10. Limitation of Liability

To the fullest extent permitted under applicable laws of the State of Kuwait, Afeed Company for Website and Application Development W.L.L. (“Afeed”) and its directors, officers, employees, agents, affiliates, partners, licensors, and service providers shall not be held liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to:

• The use of, or inability to use, the Afeed Platform;

• The performance or non-performance of the Platform;

• The actions or omissions of any User or Content Creator;

• Reliance on any information or content made available by Content Creators;

• Delays or disruptions to the Platform, including third-party systems such as UPayments, AWS, or DigitalOcean;

• Unauthorized access, alteration, or deletion of User or Creator data;

• Inaccuracies, typographical errors, or omissions in any part of the Platform.

This limitation of liability applies to all causes of action, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if Afeed has been advised of the possibility of such damages.

10.1 Platform Provided “As-Is”

The Platform is provided on an “as-is” and “as-available” basis. Afeed disclaims all warranties—express, implied, or statutory—including but not limited to merchantability, fitness for a particular purpose, non-infringement, and system integration.

Afeed does not guarantee that:

• The Platform will be free of errors or interruptions;

• The results from the use of the Platform will be accurate or reliable;

• Any errors in the software will be corrected.

You agree that your use of the Platform is entirely at your own risk and that you are solely responsible for compliance with all applicable laws.

10.2 Maximum Aggregate Liability

In no event shall Afeed’s aggregate liability to any User or Content Creator exceed the total amount paid by that party to Afeed for the specific subscription services in question during the six (6) month period preceding the event giving rise to the claim.

This limitation shall not apply to:

• Death or personal injury resulting from Afeed’s gross negligence or willful misconduct;

• Liability that cannot be legally excluded under applicable Kuwaiti law.

11. Governing Law and Jurisdiction

This Agreement, and any contractual or non-contractual obligations arising from or related to it, shall be governed by and construed in accordance with the laws and regulations of the State of Kuwait.

11.1 Exclusive Jurisdiction

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be subject to the exclusive jurisdiction of the competent courts of Kuwait City, State of Kuwait.

You agree to waive any objection to venue or jurisdiction and consent to personal jurisdiction in the courts of Kuwait for all legal proceedings relating to this Agreement.

11.2 Arbitration Exception

Notwithstanding the above, Afeed reserves the right to seek interim or injunctive relief in any jurisdiction in order to protect its rights or enforce intellectual property, data, or commercial confidentiality rights.

11.3 Language and Legal Validity

The governing language of this Agreement shall be English for the purposes of any legal interpretation or dispute resolution within the State of Kuwait. Translations into Arabic or other languages are provided for convenience only and shall not alter the legal meaning or enforceability of the original English version.

12. Changes to These Terms

12.1 Reserved Right to Modify Terms

Afeed Company for Website and Application Development W.L.L. (“Afeed”) expressly reserves the right, at its sole and absolute discretion, to amend, revise, update, replace, or restate any part of these Terms and Conditions or the associated Privacy Policy at any time, with or without prior notice, subject to applicable laws of the State of Kuwait.

Such modifications may include but are not limited to:

• Changes to subscription pricing, billing cycles, or payment methods;

• Updates to refund procedures or data handling practices;

• Clarification of acceptable use and content policies;

• Expansion or reduction of Platform features and functionalities;

• Alterations in third-party partnerships that impact service delivery.

Any such change shall become legally binding upon its Effective Date, which shall be clearly indicated at the top of the revised version.

12.2 Method of Notification

Where changes are deemed material, Afeed will make reasonable efforts to notify affected parties using one or more of the following methods:

• Email communication to the address provided by the User or Content Creator;

• In-platform alerts, banners, or system messages;

• Direct message via the Creator dashboard or support inbox;

• Updates to the “Terms” page located at www.afeed.co/en/terms

Unless otherwise required by law, no physical mail or individual legal service shall be necessary to effectuate notification.

12.3 Acceptance of Revised Terms

Your continued access to or use of the Platform following the publication of revised terms constitutes your binding acceptance of the revised version. If you do not agree to the new terms, your sole remedy is to discontinue use of the Platform and request account termination.

Failure to terminate your account within seven (7) calendar days of notice being issued will be deemed your full and irrevocable acceptance of the changes.

12.4 Version Control and Conflict Resolution

Each version of the Terms and Conditions shall carry a clear Effective Date. In the event of a dispute over which terms apply to a transaction or event, the version in effect at the time of the relevant transaction or action shall govern.

In the case of translations or localized versions of these Terms, the original English language version shall control for purposes of interpretation and enforcement in any legal or regulatory forum within the State of Kuwait.