1. About these terms
These Terms of Service (“Terms”) are an agreement between you and [Paysasa legal entity name] Limited (“Paysasa”, “we”, “us”), registered at [Registered office address], Nairobi, Kenya under registration number [Registration no.]. They govern your use of the Paysasa website, apps, wallets, checkout, escrow, payment links, APIs and related services (together, the “Services”). By creating an account or using the Services you accept these Terms and the policies linked in them. If you accept for a business, you confirm you have authority to bind it.
2. Regulatory status
[Lawyer to confirm and complete one option.] Option A: Paysasa is authorised by the Central Bank of Kenya as a payment service provider under the National Payment System Act, 2011 and the National Payment System Regulations, 2014 (authorisation no. [CBK authorisation no.]). Option B: Paysasa provides technology services and holds customer funds through a CBK-authorised partner, [Partner name]. Mobile-money services such as M-Pesa are provided by their operators and are not provided by Paysasa.
3. Who can use Paysasa
You must be at least 18, have legal capacity to contract and complete our identity checks. Minors may not hold a wallet. We may refuse, limit or close an account where the law, our banking partners or our risk controls require. Some features are available only to verified merchants or higher tiers, such as Gold or Platinum.
4. Your account and security
Give accurate information and keep it current. Keep your credentials, one-time codes and API keys confidential and tell us at once if you suspect unauthorised use. You are responsible for activity under your account, except where the law protects you from losses caused by our failure. Each person may hold one personal wallet unless we agree otherwise.
5. Verification (KYC)
We are required to identify our customers and monitor transactions. You agree to provide documents and information we reasonably request, and that we may check them with identity, credit-reference and government databases as allowed by law. Limits depend on your verification level. See the AML and KYC policy.
6. Wallets and stored value
A wallet shows the balance of funds you may spend or withdraw. Funds are held [in a trust account at a licensed Kenyan bank / by our CBK-authorised partner] and are not deposits with Paysasa. We do not pay interest on wallet balances unless we say so in writing. We may place a hold on funds where required by law, for suspected fraud, during an investigation or while a dispute or escrow is open.
7. Payments, payouts and settlement
You authorise us to process the payments you initiate. Payments by M-Pesa, Airtel Money, bank transfer, card or PayPal depend on third-party networks and may fail or be delayed outside our control. Settlement timing depends on your tier and payment method. Instructions are generally final once completed; reversals are handled under the Refund policy and, for escrow, the Escrow terms.
8. Fees and taxes
Fees are shown on the pricing page and in your dashboard by tier before you confirm a transaction. We may change fees on at least [30] days’ notice. Fees are exclusive of excise duty, VAT and other taxes unless stated. You are responsible for your own tax obligations, including issuing tax-compliant invoices and receipts through KRA eTIMS where required.
9. Merchant obligations
Merchants must: sell only lawful goods and services; describe them accurately; honour refund rights under the Consumer Protection Act, 2012; keep records; and not process payments for third parties without our written agreement. Chargebacks, refunds and disputes on your account may be debited from your balance. We may delay settlement for new or high-risk merchants.
10. Acceptable use
You must follow the Acceptable Use Policy. In particular you must not use the Services for fraud, money laundering, terrorist financing, sanctions evasion or prohibited businesses, or attempt to disrupt or reverse engineer them.
11. APIs and integrations
API keys are licensed to you for your own integrations. Keep them secret, rotate them if exposed, verify webhook signatures and respect rate limits. We may change or retire API versions with reasonable notice published in our developer documentation.
12. Privacy and data protection
We process personal data under the Data Protection Act, 2019 as described in our Privacy Policy. Where a business uses Paysasa to process its customers’ data, the business is the data controller and Paysasa acts as its processor under the Data Protection terms.
13. Intellectual property
We and our licensors own the Services, software, brand and content. We grant you a limited, non-exclusive, non-transferable licence to use them under these Terms. You keep ownership of your content and grant us the licence needed to operate the Services for you. M-Pesa, Visa, Mastercard, PayPal and Airtel Money are trademarks of their owners.
14. Availability and support
We work to keep the Services available but do not promise uninterrupted operation. Planned maintenance is announced where practicable. Support hours and channels are listed in the Help centre.
15. Disclaimers and liability
To the fullest extent permitted by law, the Services are provided “as is” and we are not liable for indirect or consequential loss, lost profit or loss caused by third-party networks. Our total liability to you in any 12-month period is limited to the fees you paid us in that period, except where the law does not allow limitation (for example, fraud, or death or personal injury caused by negligence). [Lawyer to review limits for regulated payment services.]
16. Suspension and closing your account
You may close your account at any time after withdrawing your balance. We may suspend or close an account on notice, or without notice where required by law or to prevent harm. We will release any remaining lawful balance to you, subject to holds, investigations and legal orders. Unclaimed balances are handled as the law requires.
17. Complaints and disputes
Contact [email protected] first. We will acknowledge complaints within [2] working days and aim to resolve them within [15] working days. If you are not satisfied you may escalate to the CBK or to the courts of Kenya. Otherwise these Terms are governed by Kenyan law and the parties will first try to resolve disputes in good faith and through mediation in Nairobi. [Lawyer to confirm forum and arbitration clause.]
18. Changes to these Terms
We may update these Terms. We will give notice of material changes by email or in the app at least [30] days before they take effect. Continuing to use the Services afterwards means you accept the update.
19. Contact
Questions about these Terms: [email protected]. Registered office: [Registered office address], Nairobi, Kenya.