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Terms of Service

Last Updated: February 21, 2026

1. Acceptance of Terms

Welcome to DealBreaker ("Company," "we," "our," "us"). By accessing or using our mobile application, website at dealbreakerportal.com, and any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

Important: These Terms contain an arbitration agreement that requires you to submit claims you have against us to binding and final arbitration. You also agree that you may only bring claims against us in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding.

2. Eligibility

By using our Services, you represent and warrant that:

  • You are at least 18 years of age or the age of majority in your jurisdiction
  • You have the full power and authority to enter into this agreement
  • You are not located in a country that is subject to a U.S. government embargo
  • You will not use our Services for any illegal or unauthorized purpose
  • Your use of the Services complies with all applicable laws and regulations

3. Account Registration

To access certain features of our Services, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or incomplete.

4. Free Trial and Subscriptions

4.1 Free Trial

We may offer a 72-hour free trial for new users. During the free trial period, you may post up to 5 ads. After the trial period, continued use of our Services requires a paid subscription.

4.2 Paid Subscriptions

Subscription plans are billed in advance on a monthly or annual basis. Payments are processed through M-Pesa or credit card. By subscribing, you authorize us to charge your selected payment method.

4.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of your current billing period. We do not provide refunds for partial subscription periods.

4.4 M-Pesa Payments

When making payments via M-Pesa, you agree to provide accurate phone numbers and transaction codes. DealBreaker is not responsible for failed transactions due to incorrect information provided by you. All M-Pesa transactions are subject to Safaricom's terms and conditions.

5. User Content

Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content you post.

By posting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display such content in connection with providing the Services. You retain all rights to your User Content.

You represent and warrant that:

  • You own the User Content or have the right to use it
  • The User Content does not violate the privacy rights, publicity rights, copyrights, or other rights of any person
  • The User Content does not contain any viruses, malware, or other harmful code
  • The User Content is not false, inaccurate, or misleading

6. Prohibited Conduct

You agree not to:

  • Use the Services for any illegal purpose
  • Harass, abuse, or harm another person
  • Post false, inaccurate, misleading, or fraudulent content
  • Impersonate any person or entity
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any part of the Services
  • Use any robot, spider, or other automated means to access the Services
  • Collect or harvest any personally identifiable information
  • Violate any applicable laws or regulations

7. Intellectual Property

The Services, including all content, features, and functionality, are owned by DealBreaker and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the Services without our express written permission.

The DealBreaker name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DealBreaker or its affiliates. You may not use such marks without our prior written permission.

8. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OR AVAILABILITY OF THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS INCLUDED THEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

IN NO EVENT SHALL DEALBREAKER, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF DEALBREAKER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

11. Indemnification

You agree to indemnify, defend, and hold harmless DealBreaker and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

14. Contact Information

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

  • Email: legal@dealbreakerportal.com
  • Phone: +254 (757) 500-506
  • Address: Metropolitan Estate, Suite 100, Nairobi, Kenya

Effective Date: February 21, 2026

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