These Terms of Use ("Terms") govern your access to and use of the Fortpesa website, dashboard, mobile app, APIs and related services ("the service"). By accessing or using the service you agree to these Terms and to our Privacy Policy and Data Protection notice. If you use the service for a business, you confirm that you have authority to bind that business, and "you" includes that business.
Fortpesa provides tools for Kenyan businesses to collect payments from customers via M-Pesa, including STK Push collections, collection channels (paybills, till numbers and bank deposit channels), shareable payment links, a merchant dashboard with transaction records and receipts, prepaid platform-fee wallets, and developer APIs with webhooks.
The merchant features of the service are available to businesses that complete registration and pass our onboarding and verification checks (KYC). We may approve, delay or refuse an application, or request additional information, at our discretion and where required by law. Businesses operating in restricted or prohibited categories are not eligible to use the collection features.
Use of the collection features is subject to platform fees published on our Pricing page. Fees are prepaid from your Fortpesa wallet and shown on every transaction. We may change the fee schedule from time to time; changes take effect for transactions initiated after the updated schedule is published. Your M-Pesa or bank operator may charge its own fees, which are outside our control.
You agree not to use the service to:
Collections depend on mobile money networks, banks and licensed payment service providers. Payments only complete when those networks confirm them; delays, outages, reversals and rules imposed by them are outside our control. Customer collections are paid directly to the merchant's own M-Pesa account as configured for the channel or payment link.
You may stop using the service at any time. We may suspend or terminate access if you breach these Terms, if required by law, if your account is inactive, or to protect the platform or its users. Where reasonably practicable we will give you notice and a chance to resolve the issue. On termination, your API keys are revoked and your payment links stop working; transaction records remain as required by law.
The service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, that every payment will be processed, or that funds will be available from any network at any time.
To the fullest extent permitted by law, Fortpesa is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, data or goodwill, arising from your use of the service. Our total aggregate liability for any claim arising out of these Terms will not exceed the platform fees you paid to us in the twelve (12) months before the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.
You agree to indemnify and hold harmless Fortpesa and its officers, employees and agents against claims, damages and costs (including reasonable legal fees) arising from your breach of these Terms, your unlawful use of the service, or your infringement of another person's rights.
These Terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction over disputes arising from them, subject to any mandatory rights you may have as a consumer.
We may update these Terms from time to time. We will post the revised version here and update the "Last updated" date; for material changes we will give additional notice through the dashboard or by email. Continued use after the effective date constitutes acceptance.
Questions about these Terms can be sent to [email protected].
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