Legal

Terms of
Service

Effective: January 1, 2025Last updated: May 2025Version 1.4
01

Acceptance of terms

By accessing or using any Epay service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you may not use our services.

These terms apply to all users including merchants, developers, and any individual or entity accessing our APIs, dashboards, or payment infrastructure.

02

Description of services

Epay provides payment processing technology including SoftPOS, online payment gateways, merchant dashboards, and related financial tools. We act as a technology intermediary — not a bank.

Our services are subject to availability. We reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice.

03

Eligibility & registration

You must be at least 18 years old and legally capable of entering into binding contracts to use our services. Businesses must be duly registered and in good standing.

You agree to provide accurate, current, and complete information during registration and to keep your account details up to date. Epay may verify your identity and business information at any time.

04

Merchant obligations

Merchants are responsible for all transactions processed through their accounts. You must comply with applicable laws, card network rules (Visa, Mastercard), and Epay's Acceptable Use Policy.

You may not use Epay services for prohibited activities including but not limited to: illegal goods or services, fraudulent transactions, money laundering, or any activity that violates applicable law.

You are responsible for maintaining the security of your account credentials. Notify us immediately at security@epay.com if you suspect unauthorized access.

05

Fees & payment terms

Fees for our services are outlined in your merchant agreement or the pricing page. We reserve the right to update fees with 30 days' written notice.

Settlement of funds is subject to our standard settlement schedule and any holds we may place for risk management purposes. We may withhold funds if we suspect fraud or policy violations.

All fees are non-refundable unless otherwise stated in writing.

06

Intellectual property

All content, software, trademarks, and technology provided by Epay are owned by Epay Financial Technologies or its licensors. You receive a limited, non-exclusive, non-transferable license to use our services.

You may not copy, modify, distribute, reverse engineer, or create derivative works from any part of our platform without prior written consent.

07

Limitation of liability

To the maximum extent permitted by law, Epay shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.

Our total liability to you for any claim arising from these terms or your use of our services shall not exceed the fees paid by you to Epay in the three months preceding the claim.

We do not warrant that our services will be uninterrupted, error-free, or free of viruses or other harmful components.

08

Termination

Either party may terminate the agreement with 30 days' written notice. Epay may suspend or terminate your account immediately if you breach these terms, engage in fraudulent activity, or pose a risk to our platform or other users.

Upon termination, your right to use our services ceases immediately. Outstanding fees remain due. Sections on intellectual property, liability, and dispute resolution survive termination.

09

Governing law & disputes

These terms are governed by the laws of Kenya. Any disputes shall first be attempted to be resolved through good-faith negotiation.

If negotiation fails, disputes shall be submitted to binding arbitration in Nairobi, Kenya, under the Nairobi Centre for International Arbitration rules. You waive the right to participate in class action lawsuits.

10

Changes to these terms

We may update these terms from time to time. We will notify you of material changes via email or a prominent notice on our platform at least 14 days before they take effect.

Continued use of our services after changes take effect constitutes acceptance of the revised terms. If you disagree with any changes, you must stop using our services.

Questions?

Need clarification?

Our legal team is available to answer any questions about these terms.