Terms of Use

1. Preamble

These Terms of Use (hereinafter the “Terms”) govern the use of the Fiitsa platform, published by Thementor Solutions LLC, a company organized under U.S. law whose registered office is located at Angré - Cocody, Abidjan, Côte d'Ivoire.

Fiitsa is a multi-tenant e-commerce platform enabling creators, entrepreneurs, and sellers to create and manage their online businesses to market:

• Physical products (with inventory management, variants, shipping)
• Digital products (downloadable files, licenses, software)
• Online courses (lessons, certificates, exercises)
• Books and digital publications
• Accommodations and properties (short/long-term rentals)
• Events and ticketing
• Services and professional services
• Webinars (live, evergreen, automated)

By using Fiitsa, you unreservedly accept these Terms. If you do not accept these terms, please do not use the platform.

2. Definitions

3. Registration and User Account

3.1 Registration requirements

To use Fiitsa as a Seller, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Provide accurate, complete, and up-to-date information
• Have the legal capacity to enter into a contract
• Accept these Terms and the Privacy Policy
• Verify your email address and phone number

3.2 Account creation

Registration is done via:

• Email and password
• Google authentication (OAuth)
• Other third-party authentication methods offered

3.3 Account security

You are responsible for:

• The confidentiality of your login credentials
• All activities carried out under your account
• Immediately notifying Fiitsa in the event of unauthorized use

Recommendation: Enable two-factor authentication (2FA) via email or WhatsApp to secure your account.

3.4 Identity verification (KYC)

To withdraw funds, you must complete the identity verification procedure (KYC) by providing:

• A valid identity document (passport, identity card, driver’s license)
• Proof of address (where applicable)
• Business information (for companies)

4. Services Offered

4.1 Creation of an online business

• Visual customization (logo, colors, theme)
• Custom domain name (Fiitsa subdomain or custom domain)
• Unlimited management of products and services
• Multi-category catalog

4.2 Sales management

• Order and payment processing
• Inventory and variant management
• Discount codes and promotions
• Automatic invoicing
• Shipping and carrier management

4.3 Multi-channel communication

• WhatsApp Business (messaging, templates, AI chatbot)
• Email marketing and newsletters
• SMS
• VoIP telephony
• Live chat on the business

4.4 Marketing and automation

• Built-in CRM with contact and lead management
• Marketing workflows and automations
• Sales funnels
• Meta Pixel and Meta Ads integration
• Analytics and performance tracking

4.5 Artificial Intelligence

• AI chatbot for automated customer support
• AI image generation
• AI video generation
• Customer insights and predictive analytics

5. Pricing and Commissions

5.1 Pricing model

Fiitsa operates on a commission model charged on sales made via the platform. There is no registration fee or mandatory subscription to use the basic features.

5.2 Sales commission

The commission rate varies according to sales volume and product type. Details of the pricing schedule are available in your dashboard and may be updated periodically.

5.3 Premium options

Advanced features may be offered as optional subscriptions (AI assistants, Meta Business integrations, etc.). Prices are displayed before you subscribe.

5.4 Payment fees

In addition to Fiitsa commissions, processing fees may be charged by payment providers (Stripe, PawaPay) according to their own terms.

6. Seller Obligations

6.1 Content and products

The Seller undertakes to:

• Sell only lawful products/services
• Provide accurate and complete descriptions
• Respect intellectual property rights
• Not sell counterfeit products
• Not distribute unlawful, defamatory, or offensive content

6.2 Regulatory compliance

The Seller is responsible for:

• Tax compliance (VAT, local taxes)
• Compliance with applicable sector regulations
• Obtaining the necessary licenses and authorizations
• GDPR compliance for the processing of their customers’ data

6.3 Customer service

The Seller must:

• Process orders within the announced timeframes
• Provide quality customer service
• Handle complaints and disputes with buyers
• Comply with their own terms of sale and refund policy

6.4 Data protection

As the controller of their customers’ data, the Seller must:

• Publish their own privacy policy
• Obtain the necessary consents (marketing, cookies)
• Handle their customers’ requests to exercise their rights
• Notify Fiitsa of any security incident

7. Prohibited Content

It is strictly prohibited to sell or promote on Fiitsa:

• Illegal or regulated products (weapons, drugs, unlicensed medicines)
• Counterfeit products or products infringing intellectual property rights
• Pornographic, pedophilic, or violence-inciting content
• Unauthorized financial services (unregulated cryptocurrencies, Ponzi schemes)
• Personal data or illegal access
• Defamatory, racist, or discriminatory content
• Fake products, scams, or misleading commercial practices

Sanction: Any violation of this clause will result in immediate account suspension without notice or refund.

8. Intellectual Property

8.1 Fiitsa’s ownership

All elements of the Fiitsa platform (source code, interface, logos, trademarks, content) are the exclusive property of Thementor Solutions LLC and are protected by intellectual property laws.

8.2 License of use

Fiitsa grants you a non-exclusive, non-transferable, and revocable license to use the platform in accordance with these Terms.

8.3 Seller content

You retain all ownership rights in your content (products, images, texts). By uploading it to Fiitsa, you grant Fiitsa a worldwide license to host, display, and distribute such content in connection with the service.

9. Payments and Withdrawals

9.1 Payment processing

Customer payments are processed via our certified providers:

• Stripe : International card payments (Visa, Mastercard, Amex)
• PawaPay : Mobile Money for Africa (MTN, Orange, Airtel, etc.)

9.2 Disbursement of funds

Funds are available for withdrawal after deduction of:

• The Fiitsa commission
• Payment provider processing fees
• Any refunds and disputes

9.3 Withdrawal timeframes

Availability and payout timeframes depend on the payment providers and may vary according to the payment method and your location.

10. Liabilities and Warranties

10.1 Role of Fiitsa

Fiitsa acts as a technical intermediary providing a sales platform. Fiitsa is not a party to the transactions between Sellers and Buyers.

10.2 Seller liability

The Seller is solely responsible for:

• The quality, compliance, and legality of their products/services
• The descriptions, prices, and information displayed
• Delivery and after-sales service
• Disputes with buyers
• Compliance with applicable regulations

10.3 Limitation of Fiitsa’s liability

Fiitsa provides the platform “as is” and cannot be held liable for:

• Content published by Sellers
• Disputes between Sellers and Buyers
• Service interruptions (maintenance, outages)
• Data loss or loss of revenue
• Acts of third parties (hacking, fraud)

10.4 Service availability

Fiitsa endeavors to ensure maximum availability of the platform but does not guarantee uninterrupted access. Scheduled maintenance will be notified in advance.

11. Suspension and Termination

11.1 Suspension by Fiitsa

Fiitsa reserves the right to immediately suspend an account in the event of:

• Violation of these Terms
• Sale of prohibited content
• Fraudulent or suspicious activity
• An abnormally high rate of disputes or refunds
• Failure to comply with legal obligations
• Repeated customer complaints

11.2 Termination by the Seller

You may close your account at any time from the settings. Data will be deleted in accordance with our Privacy Policy.

11.3 Consequences of termination

In the event of account closure:

• Your business will be deactivated immediately
• Outstanding orders must be fulfilled
• Available funds will be paid out after deduction of fees
• Data will be retained in accordance with legal obligations

12. Personal Data Protection

The processing of your personal data is described in detail in our Privacy Policy.

By using Fiitsa, you accept this policy and the processing of your data in accordance with the GDPR and applicable regulations.

Shared responsibility: For your customers’ data, you are the data controller and Fiitsa acts as a processor under our DPA (Data Processing Agreement).

13. Changes to the Terms

Fiitsa reserves the right to modify these Terms at any time. Significant changes will be notified by email and/or via an information banner on the platform.

Continued use of Fiitsa after notification constitutes acceptance of the new terms. In the event of disagreement, you may close your account.

14. Applicable Law and Jurisdiction

14.1 Applicable law

These Terms are governed by the law of the State of New Mexico, United States.

14.2 Dispute resolution

In the event of a dispute, we favor an amicable resolution. You may contact us at hello@fiitsa.com.

14.3 Mediation (for European consumers)

In accordance with European regulations, EU consumers may use an online dispute resolution (ODR) platform available at https://ec.europa.eu/consumers/odr.

15. Miscellaneous Provisions

15.1 Severability

If a clause of these Terms is declared void or unenforceable, the other clauses remain in force.

15.2 Non-waiver

Fiitsa’s failure to exercise a right or provision of the Terms does not constitute a waiver of that right.

15.3 Entire agreement

These Terms, together with the Privacy Policy and the Legal Notice, constitute the entire agreement between you and Fiitsa.

16. Contact

For any question concerning these terms of use: