Terms of Service

1. INTRODUCTION & ACCEPTANCE OF TERMS

1.1 Welcome to Amani Pay

Welcome to Amani Pay ("Amani Pay", "we", "us", or "our").

Amani Pay is a product of Amani Pay Technologies Limited, a company duly incorporated under the laws of the Republic of Kenya.

Amani Pay provides a mobile-based escrow payment facilitation service designed primarily for Kenya's mobile money ecosystem. Our service allows Buyers and Sellers to transact safely by holding funds in escrow until transaction completion conditions are met.

1.2 Binding Agreement

These Terms and Conditions ("Terms") form a legally binding agreement between you and Amani Pay.

By:

• Dialing *869*1#
• Using the Amani Pay mobile application
• Accessing the Amani Pay website
• Or otherwise using our services

you confirm that:

• You have read and understood these Terms
• You agree to be legally bound by them

If you do not agree, you must not use the Platform.

1.3 Related Policies

These Terms incorporate by reference:

• The Amani Pay Privacy & Cookie Policy
• Any operational rules communicated via USSD, SMS, App, or Website
• Applicable Kenyan laws and regulations

2. DEFINITIONS & INTERPRETATION

In these Terms, unless the context requires otherwise:

• "Buyer" means a user who initiates payment for goods or services through Amani Pay.
• "Seller" means a user who receives payment for goods or services through Amani Pay.
• "Escrow" means the temporary holding of transaction funds by Amani Pay until release conditions are met.
• "OTP" (One-Time Password) means the unique six-digit code sent to the Buyer to authorize payment release.
• "Transaction Value" means the agreed price of goods or services, excluding Amani Pay fees.
• "Amani Pay Fee" means 2% of the Transaction Value, subject to a minimum of KES 20.
• "Platform" means Amani Pay's USSD, mobile app, website, backend systems, and integrations.
• "User" means any person using the Platform, whether Buyer or Seller.

3. ELIGIBILITY & USER REQUIREMENTS

3.1 Eligibility Criteria

You may use Amani Pay only if:

• You are 18 years or older
• You have a valid Safaricom M-Pesa-enabled line
• You have legal capacity to enter contracts
• You are using the service for lawful purposes
• You are not suspended or banned from Amani Pay

3.2 Verification & KYC

Amani Pay may require:

• National ID or Passport
• Additional verification for transactions above KES 50,000
• Enhanced due diligence where required under AML/CFT laws

Failure to provide requested verification may result in transaction suspension or cancellation.

4. NATURE OF AMANI PAY'S ROLE

4.1 Payment Intermediary Only

Amani Pay:

• Is NOT a buyer or seller
• Does NOT inspect goods or services
• Does NOT guarantee quality, delivery, or legality
• Does NOT arbitrate disputes

We act solely as a neutral escrow payment facilitator.

4.2 No Agency or Partnership

Nothing in these Terms creates:

• A partnership
• An agency relationship
• An employer-employee relationship

between Amani Pay and any User.

5. HOW THE AMANI PAY ESCROW SYSTEM WORKS

5.1 Transaction Flow

1. Buyer initiates payment via Amani Pay
2. Funds are held in escrow
3. Seller delivers goods/services
4. Buyer confirms satisfaction by sharing OTP
5. Seller claims payment using OTP
6. Funds released instantly to Seller's M-Pesa

5.2 Buyer Obligations

Buyers agree to:

• Inspect goods/services fully before sharing OTP
• Keep OTP confidential
• Understand OTP release is final and irreversible
• Complete transactions within 7 days

5.3 Seller Obligations

Sellers agree to:

• Deliver exactly what was agreed
• Not pressure Buyers to release OTP early
• Claim payment only using valid OTP
• Comply with all applicable laws

6. AUTO-REFUND MECHANISM

If no OTP is entered within 168 hours (7 days):

• Funds are automatically refunded to the Buyer
• No fees are charged
• Seller loses any claim to the funds

7. FEES & PAYMENTS

7.1 Fee Structure

• 2% of Transaction Value
• Minimum fee: KES 20
• Fee is paid by the Buyer

7.2 No Hidden Charges

Amani Pay does not charge:

• Withdrawal fees
• Subscription fees
• Dispute fees
• Refund fees

7.3 Third-Party Charges

M-Pesa or network charges are outside our control and remain payable.

8. PROHIBITED TRANSACTIONS

Users may not use Amani Pay for:

• Illegal goods or services
• Drugs, weapons, or explosives
• Gambling or betting
• Adult or pornographic content
• Stolen or counterfeit items
• Fraud, scams, or money laundering

9. DISPUTES BETWEEN USERS

9.1 No Adjudication

Amani Pay does not decide disputes or reverse OTP-approved transactions.

9.2 Assisted Communication

If both parties consent, Amani Pay may help facilitate communication without liability.

9.3 Legal Rights Preserved

Users retain full rights to pursue civil or criminal remedies against each other.

10. PLATFORM AVAILABILITY & LIMITATIONS

The Platform is provided "as is" and "as available."

We do not guarantee:

• Continuous uptime
• Error-free service
• Compatibility with all devices

11. LIMITATION OF LIABILITY

11.1 Liability Cap

Amani Pay's maximum liability per transaction is limited to the Amani Pay Fee paid.

11.2 Excluded Losses

We are not liable for:

• Loss of profits
• Business interruption
• Indirect or consequential damages
• User negligence or fraud

12. INDEMNITY

You agree to indemnify Amani Pay against all claims, losses, fines, or damages arising from:

• Your misuse of the Platform
• Illegal transactions
• Breach of these Terms

13. TERMINATION & SUSPENSION

Amani Pay may suspend or terminate access:

• Without notice for legal or security reasons
• If fraud or abuse is suspected
• If required by regulators

14. AMENDMENTS

We may update these Terms and Conditions. Material changes will be communicated via SMS or Platform notice.

15. GOVERNING LAW & DISPUTE RESOLUTION

• Governed by Laws of Kenya
• Mediation in Nairobi
• Arbitration if mediation fails

16. CONTACT INFORMATION

FINAL LEGAL ACKNOWLEDGEMENT

By using Amani Pay, you confirm that:

• OTP sharing equals final payment approval
• Amani Pay is not a party to your sale
• Auto-refund applies after 7 days
• You consent to AML and fraud monitoring