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AutoPayKe

Terms of Service

Effective date: 25 June 2026

1. Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and AutoPayKe Limited ("AutoPayKe", "we", "us", "our"), a company incorporated under the laws of Kenya, governing your access to and use of the AutoPayKe mobile application, web application, and related services (collectively, the "Service").

By creating an account, verifying your phone number, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.

2. Eligibility

To use the Service you must:

  • Be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher);
  • Have the legal capacity to enter into a binding contract;
  • Be a resident or citizen of a country in which the Service is offered;
  • Not be prohibited from receiving the Service under applicable law;
  • Not have had a previous AutoPayKe account terminated for cause.

By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements. We may require additional verification at any time.

3. Account Registration and Security

Access to the Service requires verification of a valid mobile phone number. You are solely responsible for all activity that occurs under your account, including any activity by authorised or unauthorised users.

You agree to:

  • Provide accurate, current, and complete information during registration;
  • Maintain and promptly update your account information;
  • Keep your access credentials (PIN, biometric data, OTP codes) strictly confidential;
  • Notify us immediately at autopayke@gmail.com of any unauthorised access to your account;
  • Never share your one-time passwords (OTPs) with any person, including AutoPayKe staff.

AutoPayKe will never ask you to share your OTP, PIN, or private keys via phone, email, or any other channel.

4. The Service: Cross-Border Money Transfer

AutoPayKe enables users to transfer value across borders using blockchain-based stablecoins (USDC/USDT on the Avalanche network) that settle to local mobile money rails (M-Pesa, MoMo, Airtel Money, Telebirr) or bank accounts. The Service operates in the countries listed in Appendix A, which always reflects the countries and payment methods currently available in the app.

AutoPayKe is non-custodial: your funds are held in a smart-contract wallet deployed on the Avalanche blockchain. We do not have the ability to reverse, freeze, or recover funds from your on-chain wallet except as required by court order or applicable law. Protecting your account credentials is entirely your responsibility.

5. Fees and Exchange Rates

AutoPayKe charges a transaction fee displayed clearly before you confirm each transfer. We also apply a foreign-exchange spread on currency conversions. The applicable fees and rates are shown on the confirmation screen before any funds are moved.

Exchange rates are locked at the time of transaction initiation and are valid for the duration shown on screen (typically 30 seconds). We are not liable for rate fluctuations after a transaction is submitted.

6. Prohibited Activities

You agree not to use the Service to:

  • Violate any applicable law or regulation, including anti-money laundering (AML) or know-your-customer (KYC) requirements;
  • Fund, support, or facilitate terrorism, money laundering, human trafficking, drug trafficking, or any other criminal activity;
  • Process transactions on behalf of sanctioned individuals, entities, or jurisdictions listed by OFAC, UN, or the Kenya Sanctions List;
  • Submit false, misleading, or fraudulent information;
  • Circumvent or attempt to circumvent transaction limits, fraud controls, or security measures;
  • Engage in market manipulation, wash trading, or artificially inflate transaction volumes;
  • Use the Service for gambling or unlicensed financial services;
  • Conduct transactions with persons or entities you know to be involved in fraudulent activity.

We monitor transactions for suspicious activity and are obligated to report certain transactions to the Financial Reporting Centre (FRC) of Kenya and equivalent bodies in other jurisdictions.

7. Transaction Finality and Refunds

Blockchain transactions are irreversible. Once a transfer has been submitted to the Avalanche network and confirmed, it cannot be reversed or recalled by AutoPayKe.

AutoPayKe will attempt to recover funds in limited circumstances (e.g., a settlement rail failure before final payout) but makes no guarantee of recovery. You are solely responsible for ensuring the accuracy of recipient details before confirming a transaction.

If a settlement fails after funds have left your wallet, AutoPayKe will contact you within 48 hours with options for remedy (re-attempt, credit, or partial refund where technically feasible). Fees are non-refundable on completed transactions.

8. Know Your Customer (KYC) and Anti-Money Laundering (AML)

AutoPayKe is required to comply with the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) of Kenya and equivalent regulations in other operating jurisdictions. We may, at any time, require you to:

  • Provide government-issued identity documents;
  • Submit proof of address or source of funds;
  • Undergo enhanced due diligence for high-value or unusual transactions.

Failure to provide requested documentation may result in suspension of your account, transaction holds, or reporting to relevant authorities.

9. Intellectual Property

The Service, including its software, design, trademarks, and content, is owned by AutoPayKe Limited and protected by Kenyan and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service for personal, non-commercial purposes in accordance with these Terms.

You may not copy, modify, distribute, sell, or reverse-engineer any part of the Service without our prior written consent.

10. Limitation of Liability

To the maximum extent permitted by applicable law, AutoPayKe Limited, its directors, officers, employees, agents, and partners shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages;
  • Loss of profits, revenue, data, or business opportunities;
  • Losses arising from unauthorised access to your account where you failed to maintain the security of your credentials;
  • Delays or failures caused by third-party payment rails (M-Pesa, MoMo, etc.) or blockchain network congestion;
  • Exchange-rate fluctuations between transaction initiation and settlement.

In no event shall our total aggregate liability to you exceed the greater of (a) the amount of fees you paid us in the 90 days preceding the claim or (b) KES 10,000.

11. Indemnification

You agree to indemnify, defend, and hold harmless AutoPayKe Limited and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Suspension and Termination

We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or illegal activity, or pose a risk to the security of the Service or other users.

You may close your account at any time by contacting us at autopayke@gmail.com. Closing your account does not affect your obligation to settle any outstanding transactions.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya. Any dispute arising under or in connection with these Terms shall be resolved by binding arbitration administered by the Nairobi Centre for International Arbitration (NCIA) under its arbitration rules, with arbitration conducted in Nairobi, Kenya in the English language.

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

14. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and AutoPayKe Limited with respect to the Service and supersede all prior or contemporaneous agreements.

15. Contact Us

If you have any questions about these Terms, please contact us:

Appendix A. Where the Service Is Available

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