Terms of Service

Last Updated: May 6, 2026

These Terms of Service ("Terms") govern your access to and use of EDJAM Limited's ("EDJAM," "we," "our," or "us") products, services, and website (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our Services.

2. Eligibility

To use our Services, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Be a registered business entity or authorized representative
• Not be prohibited from using our Services under applicable laws
• Comply with all regulatory requirements in your jurisdiction

3. Account Registration and Security

3.1 Account Creation

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.2 Account Security

You agree to:

• Use strong passwords and enable multi-factor authentication
• Notify us immediately of any unauthorized access
• Not share your credentials with third parties
• Maintain the security of devices used to access our Services

3.3 Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose security risks.

4. Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or manipulative activities
• Interfere with or disrupt our Services or servers
• Attempt unauthorized access to our systems or user accounts
• Reverse engineer, decompile, or disassemble our software
• Use our Services to transmit malware or harmful code
• Impersonate others or misrepresent your affiliation
• Scrape, crawl, or harvest data without authorization

5. Services and Features

5.1 Core Banking Platform

Our core banking system provides account management, transaction processing, and reporting capabilities subject to service level agreements (SLAs) specified in your contract.

5.2 Digital Lending Suite

Lending services include credit scoring, loan origination, and collections management. You are responsible for compliance with lending regulations in your jurisdiction.

5.3 Payment Gateway

Payment processing is subject to PCI DSS compliance and payment network rules. Transaction limits and fees apply as specified in your agreement.

5.4 Service Modifications

We may modify, suspend, or discontinue Services with reasonable notice. We are not liable for any modification, suspension, or discontinuation.

6. Fees and Payment

Fees for our Services are specified in your service agreement and may include:

• Subscription fees (monthly or annual)
• Transaction fees based on volume
• Setup and implementation fees
• Professional services and support fees

Payment terms are Net 30 days unless otherwise agreed. Late payments may incur interest at 1.5% per month or the maximum rate permitted by law.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content, software, trademarks, and materials provided through our Services are owned by EDJAM or our licensors. You receive a limited, non-exclusive, non-transferable license to use our Services as permitted by these Terms.

7.2 Your Content

You retain ownership of data and content you provide. You grant us a license to use, store, and process your content solely to provide our Services.

7.3 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

8. Data Protection and Privacy

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the Kenya Data Protection Act 2019. You are responsible for:

• Obtaining necessary consents from your end users
• Complying with data protection obligations as a data controller
• Ensuring lawful processing of data through our Services

9. Compliance and Regulatory Requirements

You are responsible for compliance with all applicable laws and regulations, including:

• Banking and financial services regulations
• Anti-money laundering (AML) requirements
• Know Your Customer (KYC) obligations
• Data protection and privacy laws
• Consumer protection legislation
• Central Bank of Kenya directives

10. Warranties and Disclaimers

10.1 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted access. Services are provided "as is" and "as available."

10.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDJAM SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or business opportunities
• Service interruptions or data loss
• Third-party actions or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless EDJAM, its affiliates, and personnel from claims, damages, and expenses arising from:

• Your use of our Services
• Violation of these Terms
• Infringement of third-party rights
• Your end users' actions

13. Term and Termination

13.1 Term

These Terms remain in effect until terminated by either party.

13.2 Termination by You

You may terminate by providing 30 days' written notice and ceasing use of our Services.

13.3 Termination by Us

We may terminate immediately for breach of these Terms or with 30 days' notice for convenience.

13.4 Effect of Termination

Upon termination, you must cease using our Services. Data export must be requested within 30 days. We may delete your data after this period.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Kenya without regard to conflict of law principles.

14.2 Arbitration

Disputes shall be resolved through binding arbitration under the Arbitration Act 1995 (Kenya) in Nairobi, Kenya, conducted in English.

14.3 Exceptions

Either party may seek injunctive relief in court for intellectual property or confidentiality breaches.

15. Miscellaneous

15.1 Entire Agreement

These Terms, your service agreement, and our Privacy Policy constitute the entire agreement between you and EDJAM.

15.2 Amendments

We may modify these Terms by posting updated terms on our website. Continued use constitutes acceptance of modified terms.

15.3 Assignment

You may not assign these Terms without our consent. We may assign without restriction.

15.4 Severability

If any provision is unenforceable, remaining provisions remain in effect.

15.5 Waiver

Failure to enforce any right does not waive that right.

16. Contact Information

For questions about these Terms, contact us:

EDJAM Limited
Legal Department
Kijabe Street, Nairobi, Kenya
Email: legal@edjam.co.ke
Phone: +254 721 680 973