HomeTerms Of Service

Terms Of Service

Last Updated: October 18, 2026
Welcome to Pay Hero Kenya! These Terms of Service (“Terms”) govern your access to and use of the website, mobile applications, Application Programming Interfaces (APIs), software SDKs, transaction processing platforms, and any other products or services provided by Pay Hero Kenya (“Pay Hero,” “we,” “us,” or “our”) (collectively, the “Services”).
Please read these Terms carefully before accessing or using our Services. By registering for an account, accessing our platform, integrating our APIs, or utilizing any Pay Hero Services, you (“User,” “Merchant,” “you,” or “your”) agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company, business, or other legal entity, you represent and warrant that you have the legal authority to bind such entity to these Terms. If you do not agree to these Terms, you must not access or use our Services.
1. ACCEPTANCE & MODIFICATION OF TERMS

  1. Binding Agreement: By creating an account or using the Services, you confirm that you have read, understood, and agreed to be legally bound by these Terms.
  2. Updates and Revisions: We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. We will notify you of material changes by sending an email to the address associated with your account, posting a notification within our developer portal/dashboard, or updating the date at the top of this page. Material changes will take effect thirty (30) days after notification. Your continued use of the Services following the effective date of any changes constitutes full acceptance of the updated Terms.

2. ELIGIBILITY & REGISTRATION

  1. Eligibility Criteria: To access and use the Services, you must:
    Be at least eighteen (18) years of age (or the age of legal majority in your jurisdiction);
    Possess full capacity and legal authority to enter into a binding contractual agreement;
    Not be barred from receiving financial technology services under the laws of Kenya or any other applicable jurisdiction; and
    Maintain an active bank account or registered mobile money account (e.g., M-PESA) with a recognized provider in Kenya or an approved jurisdiction.
  2. Account Registration: You must register for a Pay Hero account to access platform features and developer tools. You agree to provide accurate, current, and complete information during registration and to promptly update your account details to maintain their accuracy.
  3. Account Security: You are strictly responsible for maintaining the confidentiality of your account credentials, API keys, basic authentication tokens, and passwords. You agree to accept responsibility for all activities, transactions, and API requests executed under your account. You must notify Pay Hero immediately at [email protected] upon suspecting any unauthorized access, breach, or compromise of your credentials. Pay Hero shall not be liable for any losses caused by compromised login details or API keys.

3. NATURE OF SERVICES & REGULATORY DISCLAIMER

  1. Technology Platform Provider: Pay Hero is a financial technology platform provider. Unless explicitly stated otherwise and operating under a specific license issued by the Central Bank of Kenya (CBK), Pay Hero is not a bank, deposit-taking microfinance institution, or licensed financial institution.
  2. Role Facilitation: Pay Hero acts as an intermediary technology aggregator enabling businesses and individuals to integrate, automate, and process digital payments (including Mobile Money/M-PESA, cards, and bank transfers). We facilitate transaction messaging and routing through licensed payment service providers (PSPs), telecommunication operators, and financial institutions.
  3. No Interest on Funds: Funds routed, collected, or held temporarily in transit through integration channels do not earn interest for the User or Merchant.

4. SERVICE TOKENS & BILLING MODEL

  1. Token Purchase and Usage: Pay Hero operates on a utility/service token model or pay-as-you-go transaction fee structure (“Service Tokens”). Service Tokens are purchased by Merchants/Users to pay for platform usage, transaction processing fees, developer API calls, and utility features.
  2. NO REFUNDS AND NO CASH OUT (NON-REFUNDABLE CLAUSE):
    All purchases of Service Tokens are final, non-refundable, and non-cancellable.
    Service Tokens cannot be cashed out, redeemed for physical currency, exchanged back into fiat money (KES or any other currency), transferred to external bank/mobile money accounts, or assigned to other users, under any circumstances.
    You acknowledge and agree that Service Tokens represent a non-exclusive, non-transferable, limited revocable license to utilize Pay Hero’s processing software and API services.
    Unused Service Tokens, active balances, or subscription credits remain strictly non-refundable upon voluntary account closure, inactivity, or involuntary account suspension/termination due to a breach of these Terms.
  3. Fee Adjustments: Pay Hero reserves the right to modify service fees, transaction rates, or token pricing at any time. Notice of fee adjustments will be communicated via the platform dashboard or official website.

5. API USAGE, DEVELOPER RULES & PLATFORM INTEGRATION

  1. API License: Subject to compliance with these Terms, Pay Hero grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use our APIs, SDKs, and developer documentation solely to integrate payment capabilities into your applications or websites.
  2. Prohibited API Activities: You agree NOT to:
    Reverse-engineer, decompile, disassemble, or derive source code from Pay Hero software or APIs;
    Exceed API rate limits, perform stress tests, or launch Distributed Denial of Service (DDoS) attacks against Pay Hero infrastructure;
    Bypass security controls, intercept API traffic, or exploit vulnerabilities;
    Store customer PINs, CVVs, full card details, or sensitive authentication data in cleartext or in violation of PCI-DSS standards;
    Rent, lease, sublicense, or resell API access to unauthorized third parties.
  3. System Availability: While Pay Hero strives for 99.9% uptime, we do not guarantee uninterrupted operational availability of APIs or transaction processing networks. Scheduled maintenance or upstream carrier/telecom downtime may temporarily disrupt access.

6. COMPLIANCE WITH LAW: AML, KYC, AND SANCTIONS

  1. Regulatory Compliance: Pay Hero strictly adheres to Kenyan regulatory frameworks, including the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA), Prevention of Terrorism Act, and regulations enforced by the Financial Reporting Centre (FRC) and the Central Bank of Kenya.
  2. Know Your Customer (KYC) Verification: You agree to provide all requested compliance documentation prior to or during your use of the Services. This includes, but is not limited to:
    National ID or Passport copies of beneficial owners/directors;
    Certificate of Incorporation / Business Registration;
    KRA PIN Certificates (Company and Directors);
    Utility bills or proof of physical business address;
    Business licensing or permits relevant to your trade.
  3. Account Suspension for Compliance Failure: Pay Hero reserves the right to freeze transactions, delay payouts, or suspend accounts immediately if you fail to provide satisfactory KYC documentation, or if your transaction activity triggers AML risk thresholds or suspicious activity alerts.

7. PROHIBITED CONDUCT AND RESTRICTED BUSINESSES
You agree not to use Pay Hero’s platform or APIs for transactions involving prohibited or illegal activities, including but not limited to:

  • Illegal gambling, unlicensed betting, or prohibited lotteries;
  • Sale of illegal drugs, controlled substances, or unapproved pharmaceuticals;
  • Counterfeit goods, pirated software, or intellectual property infringement;
  • Ponzi schemes, pyramid structures, multi-level marketing without regulatory clearance, or get-rich-quick opportunities;
  • Human trafficking, weapons, firearms, explosives, or ammunition;
  • Money laundering, terrorist financing, or sanctions evasion;
  • Deceptive marketing, fake storefronts, or unauthorized merchant aggregation.

Pay Hero maintains sole discretion in determining whether an activity falls under restricted or prohibited business categories.
8. FRAUD, CHARGEBACKS, AND MERCHANT RESPONSIBILITY

  1. Merchant Liability for Transactions: Pay Hero acts strictly as a technical facilitator. You are solely and fully responsible for verifying the authenticity, identity, and legal authority of your end-customers/buyers.
  2. Non-Liability for Customer Fraud: Pay Hero shall not be held liable for any fraudulent transactions, unauthorized payment pushes (STK Pushes), stolen mobile lines, stolen credentials, or fraudulent chargebacks executed by your customers through our Services.
  3. Reversals and Holds: If a transaction is flagged by an upstream mobile network operator (e.g., Safaricom M-PESA), bank, or law enforcement agency as fraudulent or unauthorized, Pay Hero reserves the right to withhold corresponding payouts, reverse settled balances, or debit your account balance to satisfy chargebacks or administrative claims.

9. INTELLECTUAL PROPERTY RIGHTS

  1. Pay Hero IP: Pay Hero owns all right, title, and interest (including all copyright, trademark, patent, trade secret, and other intellectual property rights) in and to the platform, APIs, dashboard, website design, brand marks, and software code. Nothing in these Terms grants you ownership of any Pay Hero IP.
  2. User Marks & Content: You grant Pay Hero a non-exclusive, worldwide, royalty-free license to use your business name, logo, and trademark on our website and marketing materials solely to identify you as a merchant or client using Pay Hero Services.

10. DATA PRIVACY AND PROTECTION

  1. Data Protection Compliance: Pay Hero processes personal data in strict compliance with the Kenyan Data Protection Act, 2019 and applicable data privacy laws.
  2. Data Controller vs. Processor: To the extent Pay Hero processes customer data (e.g., phone numbers, transaction amounts, names) on your behalf to complete payments, you act as the Data Controller and Pay Hero acts as the Data Processor. You warrant that you have obtained all necessary customer consents required to collect, process, and transmit their payment information through Pay Hero.
  3. Privacy Policy: Full details of our data collection, handling, storage, and retention practices are set out in our [Privacy Policy].

11. TERMINATION AND ACCOUNT SUSPENSION

  1. Termination by User: You may terminate your account at any time by contacting customer support and discontinuing API usage.
  2. Termination by Pay Hero: We reserve the right to suspend or terminate your account, revoke API access, or block transaction processing immediately, without notice or liability, if:
    You breach any provision of these Terms or related policies;
    We suspect fraudulent, illicit, unauthorized, or illegal activity;
    Required by a court order, law enforcement agency, or financial regulator;
    Your account remains inactive for a continuous period exceeding 12 calendar months.
  3. Effect of Termination: Upon termination, all licenses granted under these Terms immediately cease. As stipulated in Section 4, unused Service Tokens, token balances, or processing credits are non-refundable and will be forfeited upon account closure or termination.

12. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, APIs, SOFTWARE, AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
PAY HERO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. PAY HERO DOES NOT GUARANTEE THAT TRANSACTIONS WILL BE COMPLETED WITHOUT DELAY OR NETWORK INTERRUPTIONS CAUSED BY TELECOM OPERATORS OR FINANCIAL INTERMEDIARIES.
13. LIMITATION OF LIABILITY

  1. Exclusion of Indirect Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAY HERO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION.
  2. Financial Cap on Liability: PAY HERO’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO PAY HERO FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Pay Hero, its parent companies, affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or legal fees arising out of or relating to:

  • Your access to or use of the Services;
  • Any breach of these Terms or applicable legal/regulatory requirements;
  • Fraudulent, unauthorized, or disputed transactions originating from your business, website, or customers;
  • Infringement of any third-party intellectual property, privacy, or proprietary rights by you or your applications.

15. GOVERNING LAW AND DISPUTE RESOLUTION

  1. Governing Law: These Terms shall be governed by, construed, and enforced in accordance with the Laws of the Republic of Kenya, without giving effect to any conflict of law principles.
  2. Amicable Negotiation: In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the matter through good-faith informal negotiations within thirty (30) days of written notice.
  3. Binding Arbitration: If the dispute is not resolved through informal negotiations within 30 days, it shall be finally referred to and settled by binding arbitration under the Rules of Arbitration of the Chartered Institute of Arbitrators (Kenya Branch).
    The tribunal shall consist of one (1) arbitrator appointed in accordance with said Rules.
    The seat and venue of arbitration shall be Nairobi, Kenya.
    The language used in arbitral proceedings shall be English.
    The award of the arbitrator shall be final and binding upon both parties.

16. SEVERABILITY & ENTIRE AGREEMENT

  1. Severability: If any provision of these Terms is found to be illegal, invalid, or unenforceable under applicable law, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
  2. Entire Agreement: These Terms, together with the Privacy Policy and any supplemental developer guidelines, constitute the entire legal agreement between you and Pay Hero regarding the Services, superseding all prior oral or written agreements or understandings.

17. CONTACT US
If you have questions, feedback, or legal notices regarding these Terms, please contact Pay Hero Kenya through the following official channels:

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