Terms of Service

Last updated: January 7, 2026

1. Acceptance of Terms

By accessing or using Nyasekai ("the Platform," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use the Platform. These Terms apply to all users, including buyers, sellers, and visitors.

2. Description of Service

Nyasekai is a marketplace platform that facilitates the buying and selling of software projects, applications, codebases, and related digital assets between users. We provide the platform and payment processing services but are not a party to transactions between users. We act as an intermediary and do not guarantee the quality, legality, or fitness of any project listed on the Platform.

3. User Accounts

3.1 Account Creation

To use certain features of the Platform, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Be at least 18 years old or have parental consent

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any other reason we deem necessary to protect the Platform and its users.

4. Seller Obligations

4.1 Listing Requirements

When listing a project, you agree to:

  • Own or have the legal right to sell the project and all included assets
  • Provide accurate, truthful, and complete information about the project
  • Not list illegal, infringing, or prohibited content
  • Comply with all applicable laws and regulations
  • Honor accepted offers and complete transactions in good faith

4.2 Transfer of Assets

Upon sale completion, you must transfer all promised assets (source code, domain, data, design files, etc.) to the buyer within a reasonable timeframe (typically 24-48 hours). Failure to transfer assets may result in account suspension and refund to the buyer.

4.3 Commission and Fees

We charge a 5% commission on all successful sales. This commission is deducted from the sale price before funds are released to you. You are responsible for any applicable taxes on your sales.

5. Buyer Obligations

5.1 Due Diligence

Buyers are responsible for conducting their own research and due diligence before making a purchase. We do not guarantee the quality, legality, or fitness of any project. You should:

  • Review project listings carefully
  • Ask questions to sellers before purchasing
  • Verify that the project meets your needs
  • Understand what is included in the sale

5.2 Payment

When you accept an offer or agree to purchase a project, you agree to pay the agreed-upon price plus applicable platform fees. Payments are processed through Stripe and held in escrow for 7 days for your protection.

5.3 Confirmation

After receiving transferred assets, you have 7 days to confirm receipt. If you do not confirm and do not report issues within 7 days, funds will be automatically released to the seller.

6. Payments and Escrow

6.1 Escrow Protection

All payments are held in escrow for 7 days to protect both buyers and sellers. Funds are released when:

  • The buyer confirms receipt of assets, or
  • 7 days pass without dispute (automatic release)

6.2 Refunds

Once both parties have accepted the transaction and the buyer has confirmed receipt of assets (or 7 days have passed with automatic release), the sale is final and no refunds will be issued. If there are material issues before confirmation, contact support within 7 days of payment for dispute resolution. Sellers do not receive refunds on platform commission.

6.3 Stripe Connect

Sellers must connect a Stripe account to receive payouts. Payouts are processed 2-3 business days after escrow release. Sellers are responsible for providing accurate payment information and complying with Stripe's terms.

7. Prohibited Activities

You agree not to:

  • List or sell illegal, infringing, or prohibited content
  • Misrepresent projects, revenue, or any other information
  • Engage in fraudulent, deceptive, or manipulative practices
  • Circumvent platform fees or payment systems
  • Interfere with or disrupt the Platform or its services
  • Harass, abuse, or harm other users
  • Violate any applicable laws or regulations
  • Use automated systems to access the Platform without permission
  • Attempt to gain unauthorized access to accounts or systems
  • Collect or harvest user information without consent

8. Intellectual Property

8.1 Platform Content

The Platform and its content, including but not limited to text, graphics, logos, and software, are owned by Nyasekai or its licensors and are protected by copyright, trademark, and other intellectual property laws.

8.2 User Content

You retain ownership of content you post on the Platform. By posting content, you grant us a license to use, display, and distribute that content on the Platform. You are responsible for ensuring you have the right to post any content you submit.

9. Disclaimers and Limitations of Liability

9.1 Platform Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We do not guarantee:

  • The accuracy, completeness, or quality of any project listings
  • That the Platform will be uninterrupted, secure, or error-free
  • That transactions will be completed successfully
  • The quality, legality, or fitness of any project for a particular purpose

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NYASEKAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10. Indemnification

You agree to indemnify and hold harmless Nyasekai, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to your use of the Platform, violation of these Terms, or infringement of any rights of another.

11. Dispute Resolution

11.1 Transaction Disputes

If you have a dispute with another user regarding a transaction, contact our support team. We will attempt to mediate disputes in good faith but are not obligated to resolve them. Our decisions are final and binding.

11.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

11.3 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at infonyasekai@gmail.com to attempt to resolve the dispute informally. We will work in good faith to resolve any disputes within 30 days of receiving your notice.

11.4 Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms shall be finally settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution. The arbitration shall be conducted in English and take place in Zurich, Switzerland. The arbitral tribunal shall consist of one arbitrator. The arbitrator's decision shall be final and binding on both parties.

11.5 Class Action Waiver

You and Nyasekai agree that any proceedings to resolve disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to pursue claims on a class-wide basis.

11.6 Jurisdiction

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Zurich, Switzerland.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

13. Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Platform will cease immediately. You may also terminate your account at any time by contacting us.

14. Contact Information

If you have any questions about these Terms, please contact us:

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nyasekai regarding your use of the Platform and supersede all prior agreements and understandings.