Tama Terms of Service

We (the Tama team) are on a mission to simplify selling for merchants, service providers, and creators. Tama gives you the tools to showcase your products and services, manage your orders and customers, and collect payment for your sales.

These Terms of Service (“Terms”) describe our commitments to you, as well as your rights and responsibilities when using our software and services. Please read them carefully, in particular section 2, which explains how sales and payment collection work. If you do not accept these Terms, do not use our services.

1. Parties and Definitions

These Terms govern your access to and use of the software, applications, and e-commerce solutions provided by Tama Digital, Inc., a Delaware corporation with its registered office at 131 Continental Dr, Suite 305, Newark, DE 19713, United States (“Tama,” “we,” “our”).

“You” or “Merchant”:

The individual or entity using our Services to sell their products or services.

“Customer”:

The end customer who purchases your products or services.

“Services”:

The Tama e-commerce platform, dashboard, API, and payment systems.

“Payment Partner”:

The licensed institution through which Customer payments are processed.

2. How Sales and Payment Collection Work

2.1 You sell to your Customers

You sell your products and services to your Customers. Tama provides your store and the tools to manage your orders, your customers, and your payment collection. Tama’s role in settlement depends on the payment method used, as set out below.

2.2 Direct collection

Where payment is collected directly by you, by a courier, or by a logistics partner (cash, mobile money, cash on delivery), the funds go to you directly and never pass through Tama at any point. The sale is concluded between you and your Customer. Tama takes no part in settlement and merely records the transaction you report.

2.3 Collection through Tama

Where the Customer pays online using a Tama payment link, the corresponding sale is concluded with Tama, and Tama simultaneously purchases the product or service from you. You remain the owner of your products, your brand, and your customer relationship: this flow is a contractual and payment mechanism, and it transfers no rights over your business to Tama.

Amounts so paid by the Customer are received by Tama for its own account. In return, Tama owes you the price of your sale, less its fees. That amount is credited to your balance and is remitted to you on withdrawal request, under the conditions set out in section 4.

Your balance represents a claim against Tama. It is not a deposit, savings, or a payment account, and it bears no interest.

2.4 What Tama handles

• Providing and maintaining the platform and your store.
• Processing payments collected through Tama and combating fraud.
• Keeping account of your Tama-collected sales and executing your withdrawal requests.

2.5 What you handle

You retain all intellectual property rights in your products and content. You are responsible for:

• The conformity, quality, availability, and delivery of your products and services.
• Support for your Customers and after-sales service.
• Handling your Customers’ refund requests (section 5).
• Your reporting and tax obligations (section 4.3).
• Compliance with applicable laws and third-party rights.

2.6 AI-generated images

Tama lets you generate images for your store. Those images are yours: you may use them commercially, to the extent of the rights granted to us by the generation provider. You remain responsible for them as for any other content you publish, and in particular for:

• Checking that an image suits your business and does not infringe the rights of others.
• Disclosing, where applicable law requires it, that an image was generated by artificial intelligence.
• Not relying on exclusivity: a similar request may produce a similar image for another seller.

3. Account Requirements

3.1 Eligibility

You must be at least 18 years old to use our Services. You must provide accurate, current, and complete information when registering and keep your account information up to date.

3.2 Security

You are responsible for maintaining the security of your account and password. Tama cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation. You must notify us immediately of any unauthorized use of your account.

3.3 Identity verification and compliance

You agree to provide, at our request or that of a Payment Partner, the information and supporting documents required to identify you, your business, and your beneficial owners. We may suspend collections or withdrawals until those items are provided, or where regulation or a Payment Partner requires it.

4. Fees, Withdrawals, and Taxes

4.1 Fees

Tama charges transaction fees on payments collected through Tama. These fees are listed on our Pricing Page and may include a percentage of the transaction amount plus fixed fees; they are deducted before your balance is credited. Directly collected payments (cash, mobile money, cash on delivery) carry no Tama transaction fee. We may also charge subscription fees and optional services, as listed on our Pricing Page.

4.2 Withdrawals

Only amounts collected through Tama feed your balance. Directly collected payments do not pass through Tama and therefore cannot be withdrawn. You may request the withdrawal of your available balance, subject to the minimum amounts shown on the platform.

• Withdrawals are made to the mobile money account you designate.
• Processing times may vary and are subject to verification.
• We may withhold a withdrawal in case of suspected fraud, a breach of these Terms, or significant chargebacks.

4.3 Taxes

Each party is responsible for the taxes and duties arising from its own operations and its own situation.

Tama does not calculate, collect, or remit any tax on your behalf, and issues no invoice in your name to your Customers.

You are solely responsible for your reporting obligations and for paying any tax due on the amounts you receive from Tama. We may request tax forms (such as a W-9 or W-8BEN) before making payments.

Our fees may be subject to VAT. Where applicable, Tama will issue you an invoice.

4.4 Negative Balances

If your account balance becomes negative (for example, due to refunds or chargebacks exceeding sales), you agree to pay the negative balance to Tama within seven (7) days. We may offset negative balances against future payments or charge your connected payment method.

5. Refunds and Claims

5.1 Refund terms

The refund terms applicable to your sales are those you define and display to your Customers, in compliance with applicable regulation. Tama may intervene where a claim requires it, in particular to comply with a legal obligation or a Payment Partner requirement.

5.2 Carrying out refunds

Tama provides no automated refund mechanism. A Customer refund is made directly by you, by the means of your choice. Cancelling an order does not reverse a payment already credited to your balance.

5.3 Unpaid amounts and chargebacks

If a payment collected through Tama is disputed, reversed, or charged back by a Customer or a Payment Partner, you are responsible for the disputed amount and any associated fees. Tama may charge these against your balance. Repeated chargebacks may result in account suspension.

6. Acceptable Use and Prohibited Products

You agree not to use the Services for any unlawful purpose or to further illegal activities. The restrictions below stem from applicable regulation and from the requirements of our Payment Partners, which are regulated institutions.

6.1 Prohibited Products

You may not use Tama to sell:

• Illegal drugs, drug paraphernalia, or substances designed to mimic illegal drugs.
• Weapons, ammunition, or explosives.
• Pornography or sexually explicit content.
• Stolen goods, counterfeits, or products that infringe intellectual property rights.
• Tobacco, e-cigarettes, and vaping products.
• Alcohol.
• Adult content and sexually oriented material.
• Gambling, lotteries, and sweepstakes.
• Multi-level marketing schemes, pyramid schemes, or get-rich-quick schemes.
• Financial services, including cryptocurrencies, loans, and money transmission.
• Social media “followers,” “likes,” or “views.”
• Products that promote hate, violence, or discrimination.
• Hazardous materials.

6.2 Conduct

You must not interfere with or disrupt the Services, transmit viruses or malware, or attempt to reverse-engineer the Tama software.

7. Intellectual Property

7.1 Your Intellectual Property

You retain ownership of your content and products. By uploading content to Tama, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, and display your content solely for the purpose of operating the Services, promoting your products, and processing orders.

7.2 Tama’s Intellectual Property

The visual interfaces, graphics, design, compilation, information, computer code, and software of the Services are the property of Tama. You may not copy, modify, or distribute any part of our Services without our express written permission.

8. Privacy and Data

8.1 Privacy Policy

Your use of the Services is subject to our Privacy Policy.

8.2 Data Processing

To the extent that we process personal data on your behalf, we act as a Data Processor. You are responsible for ensuring that you have the legal right to collect and share Customer data with us.

8.3 Data Processing Agreement

Our Data Processing Agreement forms an integral part of these Terms and applies whenever we process personal data on your behalf. It sets out the roles of the parties, our security measures, the list of our sub-processors, international transfers, and how your data is returned and deleted.

9. Disclaimer of Warranties

The Services are provided “as is” and “as available.” Tama disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be error-free, secure, or uninterrupted. You use the Services at your own risk.

10. Limitation of Liability

To the maximum extent permitted by law, Tama will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, incurred directly or indirectly, arising from:

• (a) Your access to or use of, or inability to access or use, the Services;
• (b) Any conduct or content of any third party on the Services; or
• (c) Unauthorized access, use, or alteration of your transmissions or content.

In no event will Tama’s aggregate liability for all claims relating to the Services exceed the greater of USD 500 or the subscription fees paid by you to Tama during the last twelve (12) months.

11. Indemnification

You agree to indemnify and hold harmless Tama, its officers, directors, employees, and agents from any claim, liability, damage, loss, and expense, including legal fees, arising out of or related to:

• (a) Your access to or use of the Services;
• (b) Your breach of these Terms;
• (c) Your violation of any third-party right, including intellectual property rights; or
• (d) The nature or content of the products you sell.

12. Termination

12.1 Termination by You

You may terminate your account at any time by ceasing to use the Services.

12.2 Termination by Us

We may suspend or terminate your access to the Services immediately, without notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately.

12.3 Survival

All provisions of the Terms that by their nature should survive termination will survive termination, including provisions relating to ownership, warranty disclaimers, indemnification, and limitations of liability.