Terms of Service

1. Eligibility and accounts

You must be authorized to bind the business you register, and complete our identity verification (KYC) process before processing live transactions. You are responsible for keeping your API credentials, client secrets, and dashboard login confidential, and for all activity under your account.

2. The Services

KesPay provides API and dashboard access to initiate collections (e.g. M-Pesa, Airtel Money, cards, bank transfers) and disbursements across the markets we support, along with related reporting and reconciliation tools. Available payment methods, countries, and features may vary by market and are subject to change as we add or retire provider integrations.

3. Fees and settlement

Fees are as agreed in your merchant pricing schedule or as published in your dashboard. Unless otherwise agreed in writing, fees are transparent, per-transaction, and disclosed before you go live. Settlement timing depends on the payment method and provider and is described in your merchant agreement.

4. Acceptable use

You agree not to use the Services to:

• Process transactions for products or activities prohibited by applicable law in the relevant market.
• Facilitate fraud, money laundering, or terrorist financing.
• Circumvent KYC, fraud, or risk controls, or misrepresent the nature of your business.
• Interfere with, reverse-engineer, or overload the API or infrastructure.

iGaming, betting, and prediction-market merchants must hold and maintain all licenses required in the jurisdictions where they operate and provide evidence of these on request.

5. Compliance and monitoring

We may monitor transactions for fraud and compliance purposes, request additional documentation, delay or decline transactions that appear high-risk, and suspend or terminate accounts that violate these Terms or applicable law, including sanctions and AML regulations.

6. Availability and support

We target the uptime and confirmation-speed benchmarks published on our website, but the Services depend in part on third-party mobile money, card, and banking rails outside our control, and availability is not guaranteed to be uninterrupted. Merchant support is available as described on our website and in your merchant agreement.

7. Intellectual property

KesPay retains all rights in the Services, including the API, dashboard, documentation, and branding. You retain rights in your own content and data. You grant us a limited license to use your business name and logo to identify you as a KesPay merchant, unless you opt out.

8. Disclaimers and limitation of liability

The Services are provided “as is.” To the maximum extent permitted by law, KesPay disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and is not liable for indirect, incidental, or consequential damages arising from your use of the Services, except where such limitation is not permitted by applicable law.

9. Termination

Either party may terminate a merchant account as described in the merchant agreement. We may suspend access immediately where necessary to prevent fraud, comply with law, or protect the Services or other users. Obligations relating to outstanding settlements, fees, and confidentiality survive termination.

10. Governing law

Unless a separate merchant agreement specifies otherwise, these Terms are governed by the laws of Kenya, without regard to conflict-of-law principles, and disputes will be subject to the exclusive jurisdiction of the courts of Kenya.

11. Changes to these Terms

We may update these Terms from time to time. We'll update the “Last updated” date above when we do, and material changes will be communicated to active merchants through the dashboard or email.

12. Contact us

Questions about these Terms can be sent to support@kespay.africa.