Terms of Service

1. Agreement

These terms form an agreement between you (and the organisation you represent) and 5DM Africa ("5DM", "we", "us"), which operates 5DM Media Path ("Media Path", the "Service") at v1.mediapath.africa. By creating an account, signing in or using the Service you accept these terms and our Privacy Policy. If you use the Service for an organisation, you confirm you have authority to bind it.

2. The Service

Media Path is a journey-first advertising platform. It lets you set up an advertiser, map the customer journey on a canvas, build campaigns and tactics across supported channels (such as programmatic, Meta, Google, LinkedIn, TikTok, X and DOOH), manage audiences, creatives and inventory, optimize delivery and measure results. Features, supported channels and integrations may change as the product develops, and some may be offered in preview.

3. Accounts and roles

Access is by invitation or registration and is controlled by role. Super admins manage the whole platform, partner admins manage the advertiser accounts of their organisation, and client users see only their own advertiser account and may have view-only access. You must give accurate information, keep your credentials confidential, and tell us promptly if you suspect unauthorised access. You are responsible for activity under your account and for the users you invite.

4. Connected channels and third-party terms

When you connect a channel or account, such as Google Campaign Manager 360 or Google Ads, you authorise Media Path to access and act on it on your behalf within the permissions you grant. You must have the right to grant that access, and you must comply with each channel's own terms and advertising policies. Third-party platforms may change or withdraw their APIs, policies or access at any time, and we are not responsible for such changes or their effect on delivery. Our handling of data received from Google APIs is described in our Privacy Policy and follows the Google API Services User Data Policy, including its Limited Use requirements.

5. Your data

You keep ownership of the campaigns, audiences, creatives and other data you put into the Service ("Customer Data"). You give us a limited licence to host, process and transmit Customer Data solely to provide and support the Service and as you direct. You confirm that you have the rights and, where needed, the consents to upload and use Customer Data, including personal data used for audiences, targeting and measurement.

6. Acceptable use

You must not use the Service to run advertising or collect data in a way that is unlawful, misleading, discriminatory or infringes others' rights; to breach any connected channel's policies; to upload malware or attempt to disrupt, probe or gain unauthorised access to the Service or other customers' data; to scrape, resell or reverse-engineer the Service except as the law allows; or to share your credentials with anyone outside your organisation.

7. Fees

Fees, billing terms and any media budgets are set out in your order, plan or agreement with us. Media spend on third-party channels is billed by those channels or as agreed with us in writing, and is separate from any platform fee. Unless the agreement states otherwise, fees are non-refundable and exclusive of applicable taxes.

8. Our intellectual property

We and our licensors own the Service, including its software, design and branding. These terms give you only a limited, non-exclusive, non-transferable right to use the Service during your access period. We may use feedback you give us to improve the Service without obligation to you.

9. Availability and changes

We aim to keep the Service available and secure but do not promise uninterrupted or error-free operation. We may update, suspend or discontinue features, and we will give reasonable notice of changes that materially reduce core functionality.

10. Suspension and termination

You can stop using the Service and ask us to close your account at any time. We may suspend or end access if you breach these terms, put the Service or others at risk, fail to pay, or where required by law or by a connected channel. On closure we will handle Customer Data as described in the Privacy Policy, and you can ask us for an export beforehand.

11. Disclaimers

The Service is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, including fitness for a particular purpose and any guarantee of campaign delivery, reach, conversions or return on spend, which depend on third-party platforms, audiences and market conditions outside our control.

12. Limitation of liability

To the extent the law allows, 5DM is not liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, data or goodwill, and our total liability arising from the Service is limited to the fees you paid us for it in the 12 months before the event giving rise to the claim. Nothing in these terms limits liability that cannot lawfully be limited.

13. Changes to these terms

We may update these terms. We will post the new version here with a new "last updated" date and notify account holders of material changes. Continued use after a change takes effect means you accept the revised terms.

14. Governing law

These terms are governed by the laws of Kenya. The courts of Kenya have jurisdiction over any dispute, unless your agreement with us says otherwise.

15. Contact

5DM Africa, Nairobi, Kenya
Email: [email protected]