Terms and Conditions

1. Acceptance of Terms

By accessing or using SWIFT-WALLET ("the Platform," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use our services.

These Terms constitute a legally binding agreement between you and SWIFT-WALLET. By creating an account, using our API, or accessing any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

We reserve the right to modify these Terms at any time. Continued use of our services after such modifications constitutes acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms:

• "Account" means your registered user account on the Platform
• "API" means our Application Programming Interface and related documentation
• "Content" means all information, data, text, software, and materials available on the Platform
• "Services" means all services provided by SWIFT-WALLET, including payment processing, API access, and related services
• "User," "You," or "Your" means any individual or entity that accesses or uses the Platform
• "Transaction" means any payment or financial transaction processed through the Platform
• "M-Pesa" means Safaricom's mobile money service

3. Account Registration and Security

3.1 Account Creation

To use our services, you must:

• Create an account by providing accurate, current, and complete information
• Maintain and promptly update your account information
• Provide valid identification and business documentation as required for KYC verification
• Be at least 18 years old and have the legal capacity to enter into contracts

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials and API keys
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breaches
• Using strong passwords and enabling two-factor authentication when available

3.3 Account Verification

We reserve the right to:

• Verify your identity and business information through KYC procedures
• Request additional documentation at any time
• Suspend or terminate accounts that fail verification
• Refuse service to anyone for any reason at our sole discretion

4. Services Description

SWIFT-WALLET provides the following services:

4.1 Payment Processing

• M-Pesa STK Push payment initiation and processing
• Payment routing to Paybill numbers, Till numbers, or bank accounts
• Transaction status tracking and webhook notifications
• Payment reconciliation and reporting

4.2 API Services

• RESTful API access for payment processing
• Webhook callbacks for transaction status updates
• Sandbox environment for testing
• API documentation and developer support

4.3 Additional Services

• Payment link generation (Lipa Link)
• Fundraising and donation pages
• Invoice generation and management
• Subscription billing and management

5. User Obligations and Responsibilities

5.1 Compliance

You agree to:

• Comply with all applicable laws and regulations in Kenya
• Use our services only for lawful purposes
• Comply with Safaricom M-Pesa terms and conditions
• Obtain necessary licenses and permits for your business activities

5.2 Transaction Accuracy

You are responsible for:

• Ensuring transaction details (amounts, phone numbers, references) are accurate
• Verifying customer information before initiating payments
• Handling customer disputes and refunds appropriately
• Maintaining proper records of all transactions

5.3 Data Protection

You must:

• Protect customer data in accordance with data protection laws
• Obtain necessary consents for data collection and processing
• Implement appropriate security measures for data handling
• Comply with our Privacy Policy and data protection requirements

6. Fees and Payments

6.1 Service Fees

Our fee structure includes:

• Transaction processing fees as specified in our pricing plans
• Subscription fees for premium features (if applicable)
• API usage fees based on transaction volume
• Additional fees for premium support or custom integrations

6.2 Payment Terms

• Fees are charged per transaction or on a subscription basis
• Payment is due immediately upon transaction processing
• We reserve the right to change fees with 30 days' notice
• All fees are non-refundable unless required by law

6.3 M-Pesa Charges

Standard M-Pesa transaction charges apply to all payments processed through our platform. These charges are separate from our service fees and are determined by Safaricom.

6.4 Refunds

Refund policies:

• Service fees are generally non-refundable
• Transaction refunds must be handled directly with your customers
• We may provide refunds at our discretion for service failures
• Refund requests must be submitted within 30 days of the transaction

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content, features, and functionality of the Platform, including:

• Software, code, and API designs
• Logos, trademarks, and brand names
• Documentation and user guides
• Graphics, images, and visual elements

are owned by SWIFT-WALLET and protected by copyright, trademark, and other intellectual property laws.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use our services for your business purposes
• Integrate our API into your applications
• Use our documentation for integration purposes

This license does not permit you to copy, modify, distribute, or create derivative works of our Platform.

7.3 Your Content

You retain ownership of content you submit to the Platform. By submitting content, you grant us a license to use, store, and process such content as necessary to provide our services.

8. Prohibited Activities

You agree NOT to:

• Illegal Activities: Use our services for any illegal purpose or in violation of any laws
• Fraud: Engage in fraud, money laundering, or other financial crimes
• Unauthorized Access: Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse Engineering: Reverse engineer, decompile, or disassemble our software or API
• Spam: Send unsolicited communications or spam through our services
• Interference: Interfere with or disrupt our services, servers, or networks
• Misrepresentation: Misrepresent your identity, business, or the nature of transactions
• Resale: Resell or sublicense our services without written authorization
• Competitive Use: Use our services to build a competing product or service
• Violation of Rights: Infringe upon intellectual property rights or privacy rights of others

9. Limitation of Liability and Disclaimers

9.1 Service Availability

We provide our services "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee:

• Uninterrupted or error-free service
• That our services will meet your specific requirements
• That defects will be corrected
• The accuracy, completeness, or reliability of any information

9.2 Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claims shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, or consequential damages
• We are not liable for losses resulting from M-Pesa service interruptions or failures
• We are not responsible for third-party actions or services

9.3 M-Pesa Services

We are not responsible for:

• Safaricom M-Pesa service availability or performance
• M-Pesa transaction failures or delays
• M-Pesa customer support issues
• Changes to M-Pesa terms, fees, or policies

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Contacting our support team
• Submitting a data deletion request (see our Data Deletion page)
• Closing your account through the dashboard (if available)

10.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• You engage in fraudulent or illegal activities
• You fail to pay fees when due
• We are required to do so by law or regulatory authority
• Your account poses a security risk

10.3 Effect of Termination

Upon termination:

• Your access to the Platform will be immediately revoked
• All pending transactions will be processed according to our policies
• You remain liable for all fees and charges incurred before termination
• We may retain your data as required by law or for legitimate business purposes

11. Dispute Resolution

11.1 Informal Resolution

We encourage you to contact us first to resolve any disputes informally. Please contact our support team at [email protected] with details of your concern.

11.2 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the Arbitration Act of Kenya, conducted in Nairobi, Kenya.

11.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitrations.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending email notifications to registered users
• Displaying prominent notices on the Platform

Your continued use of our services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modifications, you must stop using our services.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Kenya.

14. Contact Information

If you have questions about these Terms, please contact us: