Terms of Service

1. Acceptance of Terms

Welcome to Kesh! These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Kesh Labs Ltd. This agreement governs your use of the Kesh mobile application, our website, and all related services (collectively, the "Services").

By creating a Kesh account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into this agreement.

If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility and Account Registration

To use Kesh, you must:

  • Be at least 18 years old.
  • Be a resident of Kenya with a valid Kenyan National ID or Passport.
  • Have a valid Kenyan mobile phone number.

When you register for an account, you agree to provide accurate, current, and complete information as prompted by our registration and identity verification processes (Know Your Customer or "KYC"). You are responsible for keeping your account information up to date. Failure to do so may result in the suspension or termination of your account.

3. The Kesh Services

Kesh provides a platform to:

  • Send and Receive Money: Conduct peer-to-peer money transfers with other Kesh users. In addition, Kesh also supports payments to merchants.
  • Maintain a Wallet Balance: Hold an electronic money balance in your Kesh Wallet.
  • Link Funding Sources: Link your Kenyan bank account or mobile money account (e.g., M-Pesa) to add or withdraw funds.
  • Utility Purchase: Ability to buy airtime, Kenya Power and Kenya Water tokens.

4. Your Responsibilities

  • Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your password and PIN. Do not share these details with anyone. You must notify us immediately at [email protected] if you suspect any unauthorized use of your account.
  • Accurate Information: You are responsible for the accuracy of the information you provide when initiating a transaction, including the recipient's phone number or username. Kesh is not liable for funds sent to an incorrect recipient due to your error.
  • Lawful Use: You agree to use the Services only for lawful purposes and in compliance with all applicable Kenyan laws, including regulations from the Central Bank of Kenya (CBK) and anti-money laundering (AML) requirements.

5. Prohibited Activities

You are strictly prohibited from using Kesh Services for any of the following activities:

  • Engaging in any fraudulent, deceptive, or illegal activity, including money laundering or financing of terrorism.
  • Conducting transactions related to illegal goods or services, including narcotics, counterfeit goods, or illegal gambling.
  • Harassing, threatening, or infringing on the rights of any other person.
  • Attempting to reverse-engineer, decompile, or otherwise access the source code of the Kesh application.
  • Using the service in a way that could damage, disable, or overburden our systems.

Violation of these terms may result in immediate suspension or termination of your account and reporting to the relevant legal authorities.

6. Fees and Transaction Limits

  • Fees: While many of our core services may be offered free of charge, we reserve the right to introduce or change fees for certain services. We will provide you with at least 30 days' notice of any new fees or changes to existing fees.
  • Third-Party Fees: You are responsible for any fees charged by third parties in connection with your use of Kesh, such as data charges from your mobile network operator or transaction fees from your bank or mobile money provider.
  • Limits: To comply with regulatory requirements and manage risk, we may impose limits on the amount you can send, receive, or hold in your Kesh Wallet. These limits may be adjusted at our discretion.

7. Privacy and Data Protection

Your privacy is important to us. We collect, use, and share your personal information in accordance with our Privacy Policy. By using our Services, you consent to such collection and use of your data as described therein.

8. Account Suspension and Termination

  • By You: You may close your Kesh account at any time by contacting customer support.
  • By Us: We reserve the right to suspend or terminate your account, or limit your access to the Services, at our sole discretion and without prior notice if:
    • You breach these Terms or our Privacy Policy.
    • We suspect your account is being used for fraudulent or illegal activities.
    • We are required to do so by law, regulation, or a government authority.
    • Your account is dormant for an extended period.

Upon termination, you must cease all use of the Services. Any remaining funds in your Wallet will be returned to your linked funding source, unless withheld for legal or compliance reasons.

9. Disclaimers

THE KESH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. KESH IS NOT A BANK. YOUR KESH WALLET BALANCE IS ELECTRONIC MONEY AND IS NOT COVERED BY THE KENYA DEPOSIT INSURANCE CORPORATION (KDIC).

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY KENYAN LAW, KESH LABS LTD (INCLUDING ITS OFFICERS, DIRECTORS, AND EMPLOYEES) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY BUGS, VIRUSES, OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES.

IN NO EVENT SHALL KESH'S AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT OF THE TRANSACTION THAT IS THE SUBJECT OF THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Kesh Labs Ltd and its affiliates, officers, directors, and employees 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 Services or your violation of these Terms.

12. Governing Law and Dispute Resolution

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

Any dispute arising from these Terms shall first be resolved amicably through communication with our support team. If the dispute cannot be resolved within 30 days, it shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

13. Amendments to These Terms

We may amend these Terms from time to time. We will notify you of any material changes by posting the new Terms within the Kesh app or by sending you an email. Your continued use of the Services after such notification constitutes your acceptance of the amended Terms.

14. Contact Us

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

Company: Kesh Labs Ltd Email: [email protected] Phone: +254 796 980788 Address: Jahazi Building, James Gichuru Rd, Nairobi, Kenya