Terms of Service

These Terms of Service ("Terms") govern your access to and use of the KayaSend platform, website, and related services (collectively, the "Service") operated by KayaSend ("we", "us", "our"). By creating an account or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any part of these Terms, you must not use the Service. We reserve the right to modify these Terms at any time. Material changes will be communicated via email or an in-app notice, and your continued use after the effective date constitutes acceptance of the revised Terms.

"Sender" means any person who initiates a payment through KayaSend on behalf of a Recipient.

"Recipient" means the individual in Kenya designated by the Sender to benefit from a bill payment.

"Biller" means a verified third-party service provider (e.g. utility company, landlord, school) to whom a payment is directed.

"Escrow Contract" means the blockchain-based smart contract that holds funds until conditions for release to a Biller are satisfied.

"Transaction" means any payment instruction submitted by a Sender through the Service.

"KYC" means Know-Your-Customer identity verification procedures required by applicable law.

"AML/CTF" means Anti-Money Laundering and Counter-Terrorism Financing.

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Service. By using KayaSend, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.

KayaSend is available to Senders globally and to Recipients in Kenya. We reserve the right to restrict access in jurisdictions where the Service cannot lawfully be offered.

To use the Service you must register an account and authenticate through our identity provider. You are solely responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at hello@kayasend.com if you suspect any unauthorised access.

As a regulated payment platform we are required by Kenyan law — specifically the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA), 2009, as amended by the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Act, 2025 — to verify the identity of our users before processing transactions. We may therefore request:

(a) A government-issued photo ID (national identity card, passport, or alien identification card); (b) Proof of address dated within the last three months; (c) KRA PIN certificate (for Kenya-based users); (d) Source-of-funds documentation for transactions above applicable thresholds; and (e) Any other documentation required by the Financial Reporting Centre (FRC) or the Central Bank of Kenya (CBK).

Failure to provide requested KYC documentation will result in suspension of your ability to transact. We may also apply Enhanced Due Diligence (EDD) to Politically Exposed Persons (PEPs) and high-risk customers as required under FATF Recommendations.

KayaSend enables Senders to pay bills directly to verified Billers in Kenya on behalf of Recipients. The Service operates as follows:

(a) The Sender selects a Recipient and specifies the bill category, Biller, and amount; (b) The Sender deposits funds into the Escrow Contract; (c) KayaSend verifies the Biller and payment details; (d) Upon confirmation that the Biller is ready to receive payment, funds are released from the Escrow Contract directly to the Biller; (e) Both Sender and Recipient receive real-time confirmation.

At no point are funds disbursed as cash to the Recipient. KayaSend does not hold funds on behalf of users in a deposit-taking capacity. The Escrow Contract is a non-custodial smart contract; KayaSend does not commingle escrow funds with its own operating funds.

KayaSend currently supports electricity, water, rent, and school-fee payments with verified Billers operating in Kenya. We do not support payments to unverified third parties, individuals, or cash-equivalent instruments.

We reserve the right to add, suspend, or permanently remove supported Billers at our sole discretion, including where a Biller fails our verification standards or where regulatory changes require it. We will provide reasonable advance notice of removals where possible.

KayaSend charges a transparent flat service fee per Transaction. The exact fee applicable to your Transaction will be displayed clearly at the point of checkout before you confirm payment. You will not be charged any amount beyond what is shown at checkout.

Transaction limits may be imposed on your account to comply with AML regulations. Where a Transaction exceeds applicable thresholds, we may request additional documentation before processing. We reserve the right to adjust fee structures upon 14 days' written notice.

A Sender may cancel a pending Transaction at any time before funds are released from the Escrow Contract to a Biller. Once the Escrow Contract releases funds to a Biller, the Transaction cannot be reversed, and no refund will be issued by KayaSend.

If a Transaction fails due to a technical error attributable to KayaSend, or if a Biller rejects the payment, the escrowed funds will be returned to the Sender's designated wallet within five (5) business days, less any network gas fees incurred.

Service fees are non-refundable once a Transaction has been submitted to the Escrow Contract, except where the failure is solely attributable to KayaSend.

KayaSend is committed to full compliance with Kenyan and international AML/CTF laws, including POCAMLA (as amended), the Prevention of Terrorism Act (CAP 59B), and FATF Recommendations. As a payment service provider, we are designated as a Reporting Institution under the 2025 AML Amendment Act.

We monitor all Transactions on an ongoing basis and will report suspicious transactions to the Financial Reporting Centre (FRC) within seven (7) days of detection as required by law. Transactions above USD 15,000 (or KES equivalent) are subject to mandatory reporting to the FRC regardless of suspicion.

You agree not to use the Service to engage in, facilitate, or conceal money laundering, terrorism financing, sanctions evasion, or any other financial crime. KayaSend screens all users and transactions against international sanctions lists (including OFAC, UN, and EU sanctions lists). If your account is matched against a sanctions list, it will be immediately suspended and reported to relevant authorities.

We reserve the right to freeze funds and suspend accounts without prior notice where required by law or where we have reasonable suspicion of financial crime. Frozen funds may be held pending regulatory direction.

You agree to use the Service only for lawful purposes and in compliance with these Terms. You must not:

(a) Use the Service to pay for goods or services other than those supported by KayaSend; (b) Provide false, misleading, or fraudulent information during registration or KYC; (c) Attempt to circumvent transaction limits or KYC requirements; (d) Use the Service on behalf of a third party without their consent; (e) Reverse-engineer, scrape, or attempt to gain unauthorised access to the Service; (f) Use the Service to transfer funds associated with criminal activity; (g) Impersonate any person or entity.

Violation of these restrictions may result in immediate account suspension, termination, forfeiture of pending transactions, and referral to law enforcement.

The Escrow Contract operates on a public blockchain. By using the Service, you acknowledge and accept the following risks inherent to blockchain technology:

(a) Transaction data recorded on-chain (including wallet addresses and amounts) is public, permanent, and cannot be altered or deleted; (b) Smart contract execution is automatic and irreversible once triggered — KayaSend cannot intervene to reverse a confirmed on-chain transaction; (c) Network congestion or gas price fluctuations may affect transaction speed; (d) Smart contracts, while audited, may contain undiscovered vulnerabilities.

KayaSend is registered as a Virtual Asset Service Provider (VASP) under the Virtual Asset Service Providers (VASP) Act, 2025, and operates in compliance with CBK and CMA licensing requirements where applicable.

KayaSend integrates with third-party identity verification providers, blockchain infrastructure, and Biller payment APIs. These third parties operate under their own terms and privacy policies. KayaSend is not responsible for the conduct, availability, or accuracy of third-party services, though we select partners who meet our compliance and security standards.

All content, branding, software, and technology comprising the Service are the exclusive property of KayaSend and its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any ownership rights in the Service. You may not copy, modify, distribute, or create derivative works from any part of the Service without prior written consent.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. KayaSend does not warrant that the Service will be uninterrupted, error-free, or free of viruses. We do not guarantee the solvency or continued operation of any Biller on the platform.

KayaSend is a technology platform that facilitates payments. It does not provide legal, financial, or tax advice. You are responsible for understanding the tax implications of remittances in your jurisdiction.

To the fullest extent permitted by applicable law, KayaSend and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising from your use of or inability to use the Service.

Our total aggregate liability for any claim arising under these Terms shall not exceed the greater of (a) the total fees you paid to KayaSend in the 30 days preceding the claim or (b) USD 100. Some jurisdictions do not permit limitation of certain liabilities, so the above may not apply to you in full.

You agree to indemnify, defend, and hold harmless KayaSend and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

KayaSend may suspend or terminate your account immediately and without prior notice if: (a) you breach these Terms; (b) we are required to do so by law or regulatory directive; (c) we have reasonable grounds to suspect fraud, financial crime, or AML/CTF violations; or (d) your account has been inactive for more than 24 consecutive months.

You may close your account at any time by contacting hello@kayasend.com, provided all pending Transactions are settled. Upon termination, we will retain your data for the period required by applicable law (minimum seven years under POCAMLA).

Any dispute arising out of or in connection with these Terms or the Service shall first be referred to KayaSend's support team for good-faith resolution. If the dispute is not resolved within 30 days, it shall be submitted to binding arbitration in Nairobi, Kenya, in accordance with the Arbitration Act (Cap. 49), with proceedings conducted in English.

Nothing in this clause prevents either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction.

These Terms are governed by and construed in accordance with the laws of Kenya. Subject to the arbitration clause above, the parties submit to the exclusive jurisdiction of the courts of Nairobi, Kenya.

Severability: If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and KayaSend and supersede all prior agreements, representations, and understandings.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. KayaSend may assign its rights and obligations without restriction.

For questions or concerns about these Terms, please contact: KayaSend Support at hello@kayasend.com.