Terms of Use

For purposes of these Terms:

Administrator means SplitPay personnel responsible for operating, monitoring and managing the Platform.

Buyer or Customer means any person purchasing goods or services from a Merchant using installment payments facilitated through the Platform.

Merchant or Vendor means a registered business approved by SplitPay to list products or services for sale.

Platform means the SplitPay website, mobile applications, merchant dashboard, APIs, software and related services.

Installment Agreement means the payment schedule agreed between a Merchant and a Customer.

KYC means Know Your Customer verification requirements.

National ID refers to a Kenyan National Identity Card or any other government-approved identification accepted by SplitPay.

Wallet refers to any secure document storage or profile services provided within SplitPay.

Payment Record means any payment made or recorded through the Platform.

By using SplitPay you represent and warrant that:

• You are legally capable of entering into binding contracts
• All information you provide is accurate and truthful
• You will comply with these Terms and all applicable laws
• You understand that SplitPay acts as a technology platform facilitating installment payment management between Customers and Merchants

These Terms apply to all users including:

• Customers
• Vendors
• Business representatives
• Platform administrators
• Visitors

To use SplitPay you must:

• Be at least eighteen (18) years old or the legal age required under applicable law
• Possess legal capacity to enter into contracts
• Register using accurate personal information
• Successfully complete any verification procedures required by SplitPay

SplitPay reserves the right to reject or terminate registrations that fail verification.

SplitPay is a technology platform that enables Merchants to offer installment payment plans and enables Customers to manage those payment obligations from a unified dashboard.

SplitPay is not a bank.

SplitPay is not a licensed deposit-taking institution.

Unless expressly stated otherwise, SplitPay does not lend money to Customers.

Merchants remain responsible for:

• setting product prices
• determining payment plans
• delivering purchased goods or services
• honoring warranties
• complying with applicable consumer protection laws

Users must create an account before accessing certain Platform features.

During registration you may be required to provide:

Customers

• Full legal name
• National ID Number
• Mobile phone number
• Email address
• Password

Merchants

• Registered business name
• Business registration details
• Business address
• Contact telephone
• Business email
• Tax information where required
• Social media profiles where requested

You agree to keep your information current and accurate.

SplitPay may perform identity verification using government databases or approved third-party verification providers.

Verification may include:

• National ID validation
• Mobile phone ownership verification
• Email verification
• KYC document review
• Fraud detection screening

Failure to complete verification may result in:

• account restrictions
• inability to make payments
• inability to list products
• suspension of services

Creating a Merchant account does not automatically permit selling on the Platform.

All Merchants are subject to approval by SplitPay.

SplitPay may request:

• business registration certificates
• tax documentation
• physical address verification
• proof of ownership
• identity documents
• banking information

Approval is entirely at SplitPay's discretion.

SplitPay may refuse any application without providing reasons where legally permitted.

Customers agree to:

• provide truthful information
• make installment payments on time
• safeguard login credentials
• promptly report unauthorized account access
• keep contact information current
• comply with applicable laws

Customers must not:

• impersonate another person
• submit false identification
• manipulate payment records
• abuse Merchants
• misuse Platform services

Merchants agree to:

• provide accurate product descriptions
• maintain truthful pricing
• deliver products as described
• comply with Kenyan consumer laws
• maintain professional conduct
• honor agreed installment terms

Merchants are solely responsible for:

• inventory
• warranties
• product quality
• customer support
• after-sales services

Merchants may list products and services after approval.

Each listing may include:

• title
• description
• images
• purchase price
• installment schedule
• payment frequency
• repayment duration
• applicable interest
• grace period
• eligibility requirements

SplitPay reserves the right to remove listings that violate these Terms or applicable laws.

Each purchase creates an Installment Agreement between the Merchant and the Customer.

The agreement may include:

• purchase amount
• down payment
• installment amounts
• payment dates
• repayment period
• applicable fees
• interest charges
• penalties where legally permitted

Customers are responsible for reviewing all payment terms before accepting an agreement.

Payments may be processed using supported payment channels including:

• M-Pesa STK Push
• Mobile Money
• Bank transfers
• Debit cards
• Other supported payment methods

SplitPay may use licensed payment processors.

Payment confirmations are subject to successful processing by payment providers.

SplitPay does not guarantee uninterrupted payment services.

SplitPay may charge service fees.

Applicable fees may include:

• transaction fees
• platform fees
• convenience fees
• merchant subscription fees
• premium service charges

Applicable fees will be displayed before payment confirmation.

SplitPay reserves the right to revise fees with reasonable notice.

SplitPay maintains digital payment records for every completed transaction processed through the Platform.

Payment records may include:

• transaction reference
• amount paid
• payment date
• payer information
• recipient information
• payment status

Customers should retain their receipts for personal records.

To preserve trust and protect all parties, completed digital payment records are considered immutable.

Once a payment has been successfully processed and recorded:

• Customers may not alter the payment amount or payment date
• Merchants may not edit, delete, backdate, or manipulate payment records
• Administrators may only annotate records where necessary for regulatory compliance or fraud investigations and shall not alter the original transaction history

The immutable ledger is intended to provide an accurate historical record of transactions and may be relied upon for dispute resolution, audits, and other lawful purposes.

To comply with applicable laws, prevent fraud, and maintain the integrity of the Platform, SplitPay may require Customers and Merchants to complete Know Your Customer ("KYC") verification at any time.

Verification requirements may vary depending on:

• transaction value
• Merchant requirements
• regulatory obligations
• fraud risk
• payment history; or
• account activity

SplitPay reserves the right to request additional verification information whenever reasonably necessary.

Failure to complete KYC may result in temporary or permanent restrictions on Platform access.

SplitPay may provide Customers with a secure digital document vault for storing verification documents.

The vault is intended solely for the Customer's convenience.

Customers retain control over documents stored within their vault.

Customers may:

• upload documents
• replace documents
• download copies
• permanently delete documents
• choose whether documents should be saved for future use

Documents stored in the vault are never automatically shared with Merchants.

Whenever a Merchant requires documentation for a purchase or financing application, the Customer must expressly choose which documents to share.

No document shall be shared without the Customer's explicit action.

Customers warrant that:

• all uploaded documents belong to them or they possess lawful authority to use them
• documents are accurate
• documents are current
• no forged or altered documents will be submitted

Submitting fraudulent documentation may result in:

• account suspension
• cancellation of installment agreements
• reporting to law enforcement authorities
• permanent removal from the Platform

Each Installment Agreement contains a payment schedule agreed between the Merchant and Customer.

Schedules may include:

• daily payments
• weekly payments
• fortnightly payments
• monthly payments; or
• other approved payment intervals

Customers remain responsible for ensuring sufficient funds are available when payments are due.

Failure to receive reminders does not relieve Customers of payment obligations.

SplitPay may send reminders using:

• SMS
• email
• push notifications
• WhatsApp (where supported)
• in-app notifications

These reminders are provided as a convenience only.

SplitPay does not guarantee delivery of reminders.

Customers remain solely responsible for meeting payment deadlines.

Where a Customer fails to make payments by the agreed due date, the Merchant may classify the account as overdue in accordance with the applicable payment schedule.

Merchants remain responsible for ensuring that any late fees, penalties, or enforcement actions comply with applicable law and the agreed Installment Agreement.

SplitPay does not determine or impose late payment charges unless expressly stated in the relevant agreement.

After an Installment Agreement has become active, Merchants may not unilaterally modify:

• repayment duration
• payment frequency
• installment amounts
• interest rates
• due dates
• grace periods; or
• any other material payment terms

Where a Merchant wishes to amend an existing agreement, a modification request must be submitted through the Platform.

Where SplitPay requires administrative approval for such changes, the request shall not take effect until approved by the designated administrator.

Customers will be notified of approved changes before the revised terms become effective.

SplitPay reserves the right to reject modification requests that appear unfair, misleading, unlawful, or contrary to consumer protection principles.

A payment is considered completed only after:

• successful authorization by the payment provider
• confirmation from the payment network
• recording within the SplitPay Platform

Failed, reversed, cancelled, or declined payments shall not constitute successful payments.

Refund eligibility shall be determined primarily by the Merchant's refund policy and applicable consumer protection laws.

SplitPay facilitates payment processing but is generally not the seller of goods or services.

Refund requests should first be directed to the Merchant.

Where SplitPay processes a refund on behalf of a Merchant:

• processing times may vary
• payment providers may impose delays
• service fees may be non-refundable where permitted by law

Nothing in these Terms limits statutory consumer rights.

If a Customer believes that:

• a payment was incorrectly recorded
• a payment was processed without authorization
• an installment balance is inaccurate
• fraudulent activity has occurred,

the Customer should notify SplitPay as soon as reasonably practicable.

SplitPay may investigate disputes by reviewing:

• transaction records
• payment confirmations
• communication history
• Merchant submissions
• Customer submissions
• system logs

During an investigation SplitPay may temporarily restrict access to disputed funds or accounts where necessary to protect users or comply with legal obligations.

Merchants agree not to:

• publish misleading listings
• sell illegal products
• manipulate installment records
• create fake customer accounts
• harass Customers
• discriminate unlawfully
• engage in deceptive marketing
• submit fraudulent documentation

Merchants remain solely responsible for ensuring that all products and services offered through the Platform comply with applicable law.

Customers agree not to:

• use false identities
• create duplicate accounts for fraudulent purposes
• attempt unauthorized access
• interfere with Platform security
• upload malicious software
• use automated systems to abuse the Platform
• engage in money laundering
• finance illegal activities

SplitPay reserves the right to investigate suspected misuse.

SplitPay may employ automated fraud detection systems to protect Customers, Merchants, and the Platform.

These systems may monitor:

• login behavior
• device identifiers
• payment activity
• IP addresses
• transaction patterns
• verification results
• unusual account activity

Where suspicious activity is detected, SplitPay may:

• request additional verification
• delay transactions
• suspend accounts
• cancel transactions where legally permitted
• report suspected criminal activity to the appropriate authorities

Users are responsible for maintaining the confidentiality of:

• passwords
• verification codes
• authentication devices
• biometric credentials
• recovery information

Users must immediately notify SplitPay of any suspected unauthorized access.

SplitPay shall not be responsible for losses arising from a user's failure to protect account credentials.

SplitPay may integrate with third-party providers including:

• mobile money operators
• banks
• payment gateways
• identity verification providers
• messaging providers

Such providers operate under their own terms and privacy policies.

SplitPay is not responsible for outages, delays, or failures caused by third-party service providers beyond its reasonable control.

While SplitPay aims to provide continuous access to the Platform, uninterrupted availability cannot be guaranteed.

The Platform may be unavailable due to:

• scheduled maintenance
• emergency maintenance
• software updates
• network failures
• third-party outages
• cyber incidents
• force majeure events

SplitPay shall not be liable for temporary interruptions in service.

Unless otherwise stated, all rights, title and interest in and to the Platform are owned by SplitPay or its licensors.

This includes, but is not limited to:

• the SplitPay name
• logos
• trademarks
• software
• source code
• user interface designs
• graphics
• icons
• documentation
• databases
• algorithms
• payment workflow designs
• platform architecture; and
• proprietary technology

Nothing in these Terms transfers ownership of SplitPay's intellectual property to any user.

Subject to compliance with these Terms, SplitPay grants you a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform solely for its intended purpose.

You may not:

• copy the Platform
• modify the software
• reverse engineer any portion of the Platform
• decompile the application
• scrape Platform data without authorization
• reproduce any proprietary content
• create derivative works
• resell Platform services without written permission

Any unauthorized use immediately terminates this licence.

Users may upload content including:

• profile information
• business information
• product descriptions
• images
• KYC documents
• communications
• reviews
• customer support messages

Users retain ownership of their content.

However, by uploading content, you grant SplitPay a worldwide, non-exclusive, royalty-free licence to:

• store
• reproduce
• display
• process
• transmit
• back up; and
• use such content solely for operating, maintaining, securing and improving the Platform

SplitPay does not claim ownership of your content.

Users must not upload content that:

• violates any law
• infringes intellectual property rights
• contains malware
• promotes fraud
• contains false information
• promotes violence or hate
• is defamatory
• contains explicit illegal material
• facilitates money laundering
• promotes terrorism or criminal conduct

SplitPay may remove prohibited content without prior notice.

Your use of SplitPay is also governed by the SplitPay Privacy Policy.

The Privacy Policy explains:

• what information we collect
• why we collect it
• how we use it
• how long we retain it
• your legal rights regarding your personal information

By using the Platform, you acknowledge that your personal information will be processed in accordance with the Privacy Policy and applicable data protection laws.

SplitPay implements reasonable administrative, technical and organizational safeguards designed to protect Platform data.

These safeguards may include:

• encryption
• secure authentication
• access controls
• audit logging
• fraud monitoring
• infrastructure redundancy
• vulnerability management

While SplitPay strives to protect user information, no online platform can guarantee absolute security.

Users acknowledge the inherent risks associated with electronic communications and internet-based services.

The Platform is provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, SplitPay disclaims all warranties, whether express, implied or statutory, including warranties relating to:

• merchantability
• fitness for a particular purpose
• uninterrupted availability
• accuracy
• reliability
• non-infringement
• compatibility

SplitPay does not guarantee that:

• the Platform will always be available
• errors will never occur
• software defects will always be corrected immediately
• third-party services will remain operational

To the maximum extent permitted by applicable law, SplitPay shall not be liable for:

• indirect damages
• consequential damages
• incidental damages
• loss of profits
• business interruption
• reputational damage
• loss of goodwill
• loss of business opportunities
• data loss resulting from circumstances beyond our reasonable control

SplitPay shall not be responsible for disputes arising solely between Customers and Merchants relating to:

• product quality
• product delivery
• warranties
• pricing
• contractual disagreements
• representations made by Merchants

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

You agree to indemnify, defend and hold harmless SplitPay, its directors, officers, employees, affiliates, contractors and agents against any claims, liabilities, damages, losses, costs and expenses arising out of:

• your breach of these Terms
• your misuse of the Platform
• violation of applicable law
• infringement of third-party rights
• fraudulent conduct
• negligence or wilful misconduct

This obligation survives termination of your account.

SplitPay may suspend or restrict access to your account immediately where it reasonably believes that:

• fraudulent activity has occurred
• security has been compromised
• false information has been submitted
• applicable law requires suspension
• regulatory obligations require intervention
• these Terms have been materially breached

Where reasonably practicable, SplitPay will notify affected users of the suspension.

Users may close their accounts at any time through available account management tools or by contacting customer support.

SplitPay may terminate accounts where:

• continued use presents unacceptable risk
• repeated violations occur
• fraudulent conduct is confirmed
• legal requirements mandate termination
• Platform misuse persists after warnings

Termination does not extinguish outstanding payment obligations arising before the termination date.

SplitPay may retain records for periods required by:

• applicable law
• regulatory obligations
• fraud prevention
• tax requirements
• dispute resolution
• audit purposes

Following expiry of applicable retention periods, information may be securely deleted or anonymized.

SplitPay shall not be liable for delays or failures resulting from circumstances beyond its reasonable control including:

• natural disasters
• floods
• earthquakes
• pandemics
• government actions
• civil unrest
• terrorism
• war
• nationwide network failures
• cyber attacks
• utility failures
• failures of telecommunications providers

Platform obligations shall resume once the force majeure event has ended.

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.

Any rights or obligations arising under these Terms shall be subject to applicable Kenyan legislation.

Where a dispute arises between a user and SplitPay, the parties agree to first attempt to resolve the dispute through good-faith negotiations.

If the dispute cannot be resolved within a reasonable period, either party may pursue mediation or other alternative dispute resolution mechanisms where appropriate.

Nothing in this clause limits a party's right to seek relief before a court of competent jurisdiction where permitted by law.

Disputes solely between Customers and Merchants should first be addressed directly between those parties. SplitPay may, at its discretion, facilitate communication or provide transaction records but is not obligated to adjudicate private contractual disputes.

By using the Platform, you consent to receive communications electronically, including:

• emails
• SMS messages
• push notifications
• in-app messages
• legally required notices

Electronic communications shall satisfy any legal requirement that communications be in writing where permitted by applicable law.

SplitPay may amend these Terms from time to time to reflect:

• changes in law
• regulatory requirements
• new Platform features
• security improvements
• operational changes

Where required by law, users will receive reasonable notice of material changes.

Continued use of the Platform after updated Terms become effective constitutes acceptance of the revised Terms.

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

The invalid provision shall be interpreted, where possible, in a manner that most closely reflects its original intent.

Failure by SplitPay to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights available to SplitPay.

Any waiver must be made expressly and in writing.

Users may not assign or transfer their rights or obligations under these Terms without SplitPay's prior written consent.

SplitPay may assign or transfer its rights and obligations in connection with a merger, acquisition, restructuring, or sale of its business, subject to applicable law.

These Terms, together with the Privacy Policy and any additional policies expressly incorporated by reference, constitute the entire agreement between you and SplitPay regarding your use of the Platform.

They supersede all prior discussions, communications, understandings, or agreements relating to the same subject matter.

If you have any questions regarding these Terms of Use, you may contact SplitPay using the contact details published on our official website or within the mobile application.

By creating an account, accessing the Platform, or using any SplitPay services, you acknowledge that:

• you have read these Terms of Use
• you understand your rights and obligations
• you agree to be legally bound by these Terms
• you consent to electronic records and communications
• you will comply with all applicable laws while using the Platform