boukd · Terms of Service

1. About these Terms

In short. These are the rules for using boukd. By creating an account or using the app, you agree to them. We've split each section into a plain-English summary and the formal text. Both are binding, but the summary is for understanding - the formal text is what controls if anything ever conflicts.

These Terms of Service (the "Terms") form a binding agreement between you ("you", "your", or "User") and Lilos Dynamics, a business registered in the Republic of Kenya with its principal place of business in Nairobi ("boukd", "we", "us"). Lilos Dynamics operates the platform and is the party that receives payments made through it.

The platform trades as boukd, and boukd Socials is a business name registered in Kenya under the Registration of Business Names Act (Cap. 499) for that trading identity. Neither is a limited company, and a registered business name is not a separate legal person. The contract these Terms create is with Lilos Dynamics, and Lilos Dynamics is who you would deal with over a payment, a refund or a claim. We say so plainly because you are entitled to know who holds your money before you part with it. The Terms apply to your access to and use of the boukd mobile application, web application, public APIs, and every feature, integration, content, communication tool and service we provide (together, the "Service").

By creating an account, tapping Create account, signing in, or otherwise using the Service, you confirm that you have read, understood and accepted these Terms together with our Privacy Policy. If you do not accept them, do not use the Service.

Capitalised words have the meanings given in our Brand Vocabulary where used here, unless the context requires otherwise.

1A. The law that applies

In short. These Terms sit under Kenyan law. Nothing here removes a right the law gives you. Where a term below conflicts with a right you have under the Consumer Protection Act or the Data Protection Act, the law wins and that term does not apply to you.

The Service is operated from Kenya and these Terms are to be read together with, and subject to, the laws of Kenya. The following apply directly to how boukd works and are referred to throughout:

Consumer Protection Act, 2012 (Cap. 501). Governs fair trading, accurate description of goods and services, unfair practices and consumer redress. It applies to online transactions as it does to any other.
Data Protection Act, 2019 (No. 24 of 2019). Governs how we collect and handle personal data, and gives you rights over it. Our Privacy Policy sets out the detail. The Office of the Data Protection Commissioner supervises compliance and receives complaints.
National Payment System Act, 2011 (No. 39 of 2011) and the National Payment System Regulations, 2014. Govern who may hold and move money on behalf of others. See section 9 for how this shapes the boukd Hold.
Computer Misuse and Cybercrimes Act, 2018. Governs unauthorised access, interference and misuse of computer systems. Conduct prohibited in section 13 may also be an offence under it.
Copyright Act, 2001 (as amended). Governs rights in the content you and others post. See sections 12 and 14.
Proceeds of Crime and Anti-Money Laundering Act, 2009. Governs the identity checks described in section 4.

Where the Service is used from outside Kenya, local mandatory consumer law in your country may also give you rights. Nothing in these Terms is intended to exclude a right that cannot lawfully be excluded.

2. Who boukd is

In short. boukd is a marketplace where artists, venues, photographers, hosts and other creatives (we call them Bookables) accept bookings, run livestreams, sell access passes and connect with their audience (their tribe). We're the platform. We're not the artist, the venue or the bank.

boukd operates a multi-sided platform that connects:

Bookables - individuals or businesses (musicians, DJs, venues, photographers, studios, event hosts, instructors, agencies and similar) who offer bookable services or livestream experiences;
Tribe members - users who follow, attend, watch, subscribe to, gift or book Bookables; and
Sponsors - users who pay for someone else's All-Access pass via Pass-it-on.

boukd is a technology platform. Except where we are explicitly the principal (for example, certain first-party events or our own merchandise), we are not party to the underlying booking, performance, ticket or sale, and we do not warrant the conduct of any User.

3. Eligibility & accounts

In short. You must be 16+ to use boukd, and 18+ to spend, sell or receive money. Keep your password safe, and don't share or sell your account.

You must be at least sixteen (16) years old to register a boukd account, and at least eighteen (18) years old (or the age of majority in your country, if higher) to: (i) make a payment, (ii) sell or be paid for any service, (iii) operate a Bookable profile, (iv) participate in Tembo savings or borrowing, or (v) receive a payout.

You agree to provide true, current and complete information when you register, and to keep that information up to date. You are responsible for safeguarding your credentials, your one-time codes and any device that has an active boukd session, and for every action taken under your account.

You may not (a) create more than one personal account; (b) impersonate another person; (c) buy, sell, transfer or rent your account, username, tribe or All-Access pass; or (d) let anyone else use your account other than legitimate, named team members of an Agency or Bookable workspace under our delegated access features.

4. Identity, KYC & verification

In short. We may ask for ID and proof of address before letting you accept payments or move large sums. This is required by law and to keep the platform safe.

To comply with the Proceeds of Crime and Anti-Money Laundering Act (Kenya, 2009), the Central Bank of Kenya's payment service provider rules, and equivalent obligations in any other market we operate in, we may carry out know-your-customer (KYC) checks. We may require you to:

verify your phone via OTP and your email via OTP;
upload a government-issued identity document (national ID, passport, driving licence);
provide proof of address, business registration or tax identification number;
complete a live selfie or liveness check; and
provide additional information for sanctions, PEP or beneficial ownership screening.

We may suspend payouts, bookings or new conversations until verification is complete. We may refuse, terminate or restrict an account if information is false, cannot be verified, or if we reasonably believe it is being used unlawfully.

5. Bookables & tribes

In short. If you sign up as a Bookable, your profile is your shop window. Tribes are the lowercase fanbase who follow you. You're responsible for the accuracy of what you publish and for delivering what you sell.

A Bookable may publish a profile, set rates, schedule availability, organise a Studio of media shelves, run livestreams and accept bookings. A Bookable warrants that:

they have the rights, licences and consents needed for every photo, video, audio recording or other media they upload, including any sample clearance, sync rights or talent releases;
profile information, pricing, capacity, location and availability are accurate;
they hold all professional registrations, work permits, venue licences, food-safety permits, PRISK / MCSK / KAMP / PRiSK collective-management memberships or other approvals required for their service in their jurisdiction; and
they will deliver the booked service to a reasonable professional standard, on time, at the agreed price, free from undisclosed material conflicts.

A tribe member joins a Bookable's tribe by tapping the join control. Tribe membership is free. Tribe membership does not by itself grant access to paid livestreams, backstage content, or in-person events.

6. Bookings & the boukd Hold

In short. When you book, your payment is held and only reaches the provider once the booking has been delivered. If it is not delivered, you get your money back. The full rules on cancellations, refunds and disputes are in our Refunds, Cancellations and Disputes Policy.

A booking is formed when (i) the booker submits a booking request and pays the quoted amount, and (ii) the bookable accepts the request within the response window. Until both have happened, no contract exists.

What the Hold is, and what it is not

Payment for a booking is collected and held through licensed payment service providers, currently Safaricom (M-Pesa) and PayPal, each regulated in the jurisdiction it operates in. boukd instructs those providers on when to release or return the money, according to these Terms and to what the parties agreed in the Deal Room.

boukd is not a bank, is not a deposit-taking institution, and is not a licensed payment service provider. We do not hold your money as our own, we do not operate a client trust account, and a Hold is not a deposit. It is an arrangement under which a payment for one identified booking is not passed on until that booking has been delivered.

A Hold is not an investment and earns no interest for you or for us. It relates to one booking and can only ever have one of three outcomes: released to the bookable, returned to the booker, or divided between them where a dispute is decided that way.

Getting paid

When a Hold is released, the bookable's share, being the agreed amount less boukd's commission, is paid out to the M-Pesa number or bank account registered on their verified payout profile. It is sent to them; it is not credited to a balance held on the platform.

boukd does not offer wallets or stored balances. You cannot hold funds on boukd, spend a balance within it, or transfer money to another user. Every payment on the platform relates to a specific booking, ticket or donation.

Payment cannot be made to an unverified account. Where identity verification or payout details are incomplete, the amount remains owed to the bookable and is paid as soon as those are provided. See section 4.

Cancellations, refunds and disputes

These are set out in full in the Refunds, Cancellations and Disputes Policy, which forms part of these Terms. In summary: cancel before the bookable accepts and you receive the full amount back; after acceptance, the cancellation terms shown to you in the quotation apply, and where none were agreed you receive the full amount back; a booking that is not delivered is refunded in full.

A booking may be reported as not delivered. We review the booking record, including the quotation, the messages between the parties and the booking timeline, and give a decision in writing with reasons. That decision determines what happens to the Hold.

It does not determine anything else. Nothing in this section limits your rights under the Consumer Protection Act 2012, prevents you from complaining to the Competition Authority of Kenya, from pursuing any other legal remedy, or, where you paid by card, from exercising the rights your bank gives you.

7. Livestreams & access tiers

In short. We have three livestream tiers: free Front-row for the tribe, paid Backstage, and On-the-Ground for people physically at the venue. The price and tier shown to you when you join is what you owe.

boukd livestreams are organised into three access tiers:

Front-row - free to all tribe members.
Backstage - paid per stream, or unlocked by an active All-Access pass to the same Bookable. A short clear preview followed by a paywall is permitted; once you pay, you have full access for the duration of the stream.
On-the-Ground - for people physically attending an event. Remote viewers receive only a blurred poster and audio-only feed at reduced volume.

You may not record, screen-capture, broadcast, repost or commercially exploit a boukd livestream or any segment of it without the express written consent of the Bookable. boukd applies forensic watermarks to Backstage and On-the-Ground streams and may use them to identify the source of any unauthorised redistribution.

8. All-Access & Pass-it-on

In short. All-Access is a monthly subscription to one Bookable that unlocks every Backstage stream and perks. You can buy an All-Access pass for someone else (Pass-it-on). Cancel any time - access continues until the end of the period you've paid for.

An All-Access pass is a recurring monthly subscription priced by the Bookable and collected by boukd. While active, the pass unlocks every Backstage stream by that Bookable and any perks they choose to offer.

A Pass-it-on gift creates an All-Access pass on behalf of another User. The sponsor pays; the recipient's access begins immediately and ends at the end of the paid period. The sponsor may, but is not required to, be displayed as "Sponsored by @sponsor" on the recipient's tribe pill, subject to the recipient's privacy settings.

You may cancel auto-renewal at any time from Settings to Subscriptions. Cancellation stops the next renewal; it does not refund the current period. Refunds are otherwise governed by Section 6.

8A. Your rights as a consumer

In short. If something is not as described, is not delivered, or is cancelled, you get your money back. Nothing in these Terms takes away a right the Consumer Protection Act gives you, and any term that tried to would simply not apply.

Under the Consumer Protection Act, 2012 you are entitled to accurate information about what you are buying, to services supplied with reasonable care and skill, and to a remedy where they are not. These Terms are to be read consistently with that. Where any term here would exclude or limit a right you have under that Act, the term does not apply to you to the extent of the conflict.

Cancellations and refunds

The position depends on what stage a booking has reached:

Before the bookable accepts. Cancel and the full amount is returned. Nothing has been agreed.
After acceptance, before delivery. The cancellation terms agreed between the parties in the Deal Room apply. Where none were agreed, the amount is returned in full.
Not delivered, or not as described. The full amount is returned. A bookable who does not appear or does not perform what was agreed is not entitled to the Hold.
Delivered and accepted. The Hold is released to the bookable. A dispute after this point is handled under section 17.

Refunds are returned by the same route the payment came in wherever the provider allows it, and otherwise to your boukd wallet, from which you may withdraw. We aim to process a refund within seven (7) working days of it being agreed or determined; the time it then takes to appear depends on the provider and on your bank.

Event tickets

A ticket is a licence to attend a specific event on specific terms, and is subject to the organiser's own conditions, which are shown before purchase. If an event is cancelled or materially changed by the organiser, you are entitled to a refund of the ticket price.

Donations

A donation supports the operation of the boukd platform itself. It is not a payment to any user, is not a purchase of goods or services, and is not refundable except where it was made in error or without authority. If you believe a donation was taken in error, contact us and we will look into it.

If we cannot resolve it

Complaints should first come to us at [email protected], and we will respond within a reasonable period. If you are not satisfied, you may take the matter to the Competition Authority of Kenya, which handles consumer complaints, or to a court of competent jurisdiction. Nothing in section 21 prevents you from doing so.

9. Payments, fees, payouts

In short. boukd charges the bookable a commission on each booking. The booker pays exactly the quoted amount and nothing is added on top. We absorb the cost of taking the payment; you only pay a fee when you withdraw, and that is the mobile-money or bank charge rather than ours. Payouts go to your registered M-Pesa, mobile-money or bank account.

All amounts on boukd are stored as integer minor units (e.g. KES cents) tagged with an ISO 4217 currency code. The price you see at checkout includes any applicable indirect taxes (VAT, digital service tax) where we are required to collect them.

Commission and fees

Unless a different rate is shown to you in the app or agreed in writing, boukd's commission is 15% of the agreed quote and is charged to the bookable. The booker pays exactly the amount quoted: no commission, booking fee or surcharge is added on top of it at checkout.

boukd absorbs the cost of accepting the payment. Card, mobile-money and other processing fees on money coming in are met out of our commission and are not passed on to either party.

When a bookable withdraws from their boukd wallet, the cost charged by the payout rail itself (for example the M-Pesa business-to-customer tariff) is deducted from the amount withdrawn, so that the figure arriving on the phone or in the account is the figure shown before confirming. That charge is set by the provider and not by boukd.

The fee breakdown for any booking is shown before the booking is accepted, and again on the receipt. If the commission rate changes, we will give at least thirty (30) days' notice, and the change will not apply to a booking already agreed.

Payouts

Eligible balances in your boukd wallet are paid out to your verified payout method on a rolling schedule once the booking review window has closed and any KYC checks have completed. Payouts are subject to (i) successful identity verification, (ii) reasonable risk and fraud screening, and (iii) any reserve we may hold to cover chargebacks, refunds or disputes.

How the boukd Hold is held

Money paid into a boukd Hold is collected and held through licensed payment service providers, currently Safaricom (M-Pesa) and PayPal, each regulated in the jurisdiction it operates in. boukd instructs those providers on when to release or return funds according to these Terms and the agreement between the parties to a booking. boukd is not a bank, is not a deposit-taking institution, and does not hold your money as its own.

A Hold is not an investment and earns no interest for you or for us. It exists only to make sure that a bookable is not asked to work on a promise, and that a booker is not asked to pay on one.

Chargebacks & reversals

If a payment is reversed by a payment processor or issuing bank after we have paid you, we may debit the equivalent amount from your wallet, future earnings or, if necessary, invoice you directly. We will share evidence with the issuing bank where it helps you contest a wrongful chargeback.

Taxes

You are responsible for declaring and paying your own income, withholding, sales, VAT and other taxes on amounts you earn through boukd, except where we are legally required to collect or withhold them. We may issue you a tax statement summarising your earnings.

10. Tembo (savings & loans)

In short. Tembo is our optional SACCO-style savings and short-term loan feature. It's regulated separately and you'll see a specific Tembo agreement before you opt in.

The Tembo features (savings, share contributions, loan applications, repayments and related tools) are offered subject to a separate Tembo Member Agreement, which you must accept before opting in. Tembo activities may be operated by, or in partnership with, a SACCO Society licensed under the SACCO Societies Act (Kenya, 2008) and supervised by the SACCO Societies Regulatory Authority (SASRA). Where Tembo is so operated, the SACCO is the lender and account provider; boukd provides the technology and customer interface.

11. Pulse messaging & lawful access

In short. Pulse - our messaging system - is end-to-end encrypted by default. We can't read your messages in transit or at rest. The only exception is a strictly controlled lawful escrow path that requires multiple senior officer approvals and a full audit trail, used only to comply with a valid legal order.

Pulse uses X25519 device keys, per-conversation symmetric keys and XChaCha20-Poly1305 envelopes. boukd's servers store ciphertext only. No boukd employee, support agent or contractor can read plaintext messages in the ordinary course of business.

The per-conversation key is additionally wrapped to an HSM-backed escrow public key. Decryption of that wrapped key requires M-of-N independent senior-officer approvals, is recorded in a tamper-evident, hash-chained audit log, and is only invoked to:

respond to a valid Kenyan court order, ODPC directive, mutual legal assistance request, or equivalent legal process from another competent jurisdiction;
comply with anti-terrorism, anti-money-laundering, child-safety or other mandatory legal obligations; or
investigate a clearly suspected, time-critical threat to life.

We publish summary statistics about lawful escrow use in our annual transparency report. Full technical detail is in our internal Pulse architecture document.

You agree not to use Pulse to (a) send unlawful, harassing, sexually explicit content involving minors, terror-related, or grossly violent material; (b) send unsolicited bulk commercial messages; (c) circumvent our rate limits or run abuse tooling; or (d) attempt to extract, copy or distribute another User's keys or device material.

12. Your content & licence

In short. You own everything you post. To run boukd, you give us the limited rights we need to host, display, transcode and back up your stuff. You can delete it at any time and we'll remove it from public view.

You retain all ownership rights in the content you upload, post, livestream or transmit through the Service ("Your Content"). You grant boukd a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, modify (for technical reasons such as transcoding, thumbnailing, watermarking and adaptive bitrate), publicly perform, publicly display and distribute Your Content solely as required to operate, secure, promote and improve the Service.

This licence ends when you remove Your Content from the Service, except (i) for content already shared with other Users where removal is technically infeasible (e.g. messages they have already received and decrypted on their device), and (ii) backups retained for a reasonable period for disaster recovery.

You may not upload content you do not own or have the right to share. By posting, you represent that you have all consents from people identifiable in the content (model releases) and any required licences for music, samples, footage or trademarks.

13. Acceptable use

In short. Be excellent to each other. Don't break the law, don't harass people, don't try to break the app.

You will not, and will not permit anyone else to:

use the Service to commit, facilitate or promote any criminal act;
upload or transmit content that is defamatory, obscene, pornographic involving minors, incites violence or hatred against a person or group, or violates any third party's rights;
impersonate any person, brand, employer or government body;
harass, threaten, dox, stalk or sexually harass any other User;
scrape, crawl, mirror or otherwise harvest data from the Service except via our published APIs and within their published rate limits;
reverse engineer, decompile or attempt to derive source code, signing keys, encryption keys or other secrets from the Service or any client app, except to the extent expressly permitted by mandatory law that cannot be excluded;
introduce malware, run denial-of-service activity, probe or test the security of the Service without our prior written consent (responsible vulnerability reports to [email protected] are welcomed and exempted);
use the Service to send unsolicited bulk messages, fake reviews, paid follow rings or any other inauthentic behaviour;
circumvent any access tier, paywall or geographic restriction; or
build, train or fine-tune a machine-learning model on data scraped from the Service without our prior written permission.

14. Intellectual property

In short. The boukd app, name, logos and design are ours. You can use the platform; you can't take our brand and run with it.

The Service, including the boukd name, the "boukd" logotype, the magenta gradient mark, the Pulse codename, all UI designs, source code, ML models and database schemas, are owned by boukd or its licensors and are protected by copyright, trademark and other intellectual property laws. We grant you a personal, limited, revocable, non-exclusive, non-transferable licence to install and use the client apps and access the Service in accordance with these Terms - and nothing else.

15. Reports & takedowns

In short. See something that breaks the rules or your rights? Tap Report in-app or email [email protected]. Copyright owners can use the same channel and we'll act quickly.

If you believe content on boukd infringes your copyright, trademark or other rights, send us a notice at [email protected] identifying (i) the rights at issue, (ii) the URL or content ID of the infringing material, (iii) your contact information, and (iv) a good-faith statement under penalty of perjury that you are the rights holder or authorised to act for them. We will remove or disable access to content that we determine, in our reasonable discretion, violates these Terms or infringes a third party's rights, and may notify the affected User. Repeat infringers will have their accounts suspended.

16. Suspension & termination

In short. You can leave any time from Settings to Delete account. We can suspend or close an account if it breaks these Terms or puts other users at risk. We'll tell you why, unless we're legally prevented from doing so.

You may close your account at any time. We may suspend or terminate your account, or any specific feature, with or without notice if we reasonably believe you have breached these Terms, created a material risk of legal liability for boukd, or repeatedly violated other Users' rights. On termination, the licences you grant in Section 12 survive only to the extent reasonably necessary to operate the Service for remaining Users (e.g. messages already delivered to others).

17. Disclaimers

Except as expressly stated in these Terms or required by mandatory law that cannot be excluded, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory or otherwise. We do not warrant that the Service will be uninterrupted, error-free, secure against every form of attack, or that any defect will be corrected. We do not endorse any User, Bookable, livestream or piece of content, and you assume all risk for any reliance you place on them.

18. Limitation of liability

To the maximum extent permitted by law, boukd, its directors, officers, employees and contractors will not be liable for any indirect, incidental, special, consequential or exemplary damages, lost profits, lost revenue, loss of goodwill or loss of data arising out of or in connection with the Service or these Terms, even if we have been advised of the possibility of such damages. Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service in any twelve-month period shall not exceed the greater of (i) the platform fees you have paid to boukd in that period, or (ii) USD 100 (or its KES equivalent).

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including for death or personal injury caused by negligence, fraud, or wilful misconduct.

19. Indemnity

You agree to indemnify and hold harmless boukd and its affiliates, officers, employees and agents from and against any third-party claim, demand, loss, damages, cost or expense (including reasonable legal fees) arising out of or related to (i) Your Content; (ii) your use of, or inability to use, the Service; (iii) your breach of these Terms; or (iv) your violation of any law or third-party right.

20. Governing law & disputes

In short. Kenyan law applies. Try talking to us first - most issues get sorted in a chat with our team. If we can't agree, the courts of Nairobi have jurisdiction.

These Terms are governed by the laws of the Republic of Kenya, without regard to its conflict-of-laws rules. You agree first to attempt to resolve any dispute by writing to [email protected]; we will respond within thirty (30) days. If the dispute is not resolved within sixty (60) days of that notice, either party may refer it to the exclusive jurisdiction of the courts of Nairobi, Kenya, except that we may bring proceedings to protect our intellectual property in any court of competent jurisdiction.

21. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will give you at least thirty (30) days' notice in-app and by email before it takes effect. Changes that are required by law, or that benefit you, may take effect immediately. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, you may close your account before the effective date.

22. Contact

boukd Socials
Nairobi, Kenya
General: [email protected]
Privacy & data requests: [email protected]
Trust & safety, abuse: [email protected]
Security disclosures: [email protected]
Legal & lawful access: [email protected]

v1.1 . Effective 30 August 2026 . Document ID: BOUKD-LEGAL-TOS-0001

Terms of Service.

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