Terms of Service

1.Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Pesaly Technologies Ltd ("Pesaly", "we", "us", or "our"), governing your access to and use of the Pesaly mobile application, the website at pesaly.co.ke, and any related services (collectively, the "Service").

By downloading, installing, creating an account, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use the Service.

2.Service Description

Pesaly is a personal financial analytics application that reads M-Pesa transaction SMS messages stored on your Android device and presents them in an organised, searchable dashboard with spending insights, charts, and an AI-powered natural language query interface.

What Pesaly Is

• A read-only analytics tool for your existing M-Pesa transaction history
• A personal finance dashboard powered by your SMS data
• An AI-powered query interface for asking questions about your own spending
• An optional cloud backup service for your transaction records

What Pesaly Is Not

• A bank, financial institution, or payment service provider
• An M-Pesa agent or Safaricom partner product
• A provider of financial, investment, or tax advice
• An accounting or auditing tool
• A substitute for professional financial services

3.Eligibility

To use the Service, you must meet all of the following requirements:

• Be at least 18 years of age
• Have a valid M-Pesa account registered in your name
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under the laws of Kenya or any other applicable jurisdiction
• Not have had a previous Pesaly account terminated for violations of these Terms

By using the Service, you represent and warrant that you meet all eligibility requirements listed above. We reserve the right to request verification of eligibility at any time and to suspend or terminate accounts that do not meet these requirements.

4.Your Account

4.1 Account Registration

To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to update this information as necessary to keep it accurate.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Use a strong, unique password for your Pesaly account
• Never share your login credentials with any third party
• Notify us immediately at support@pesaly.co.ke if you suspect unauthorised access to your account
• Log out of your account at the end of each session on shared devices

We will not be liable for any loss or damage arising from your failure to comply with these account security obligations.

4.3 One Account Per User

Each user may maintain only one active Pesaly account. Creating multiple accounts to circumvent restrictions, access additional free-tier benefits, or for any other purpose is prohibited.

4.4 Account Accuracy

You agree not to impersonate any person or entity, misrepresent your identity or affiliation, or provide false information when registering or using the Service.

5.Acceptable Use

5.1 Permitted Use

You may use the Service solely for your own personal, non-commercial financial tracking purposes, in accordance with these Terms and all applicable laws.

5.2 Prohibited Activities

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation
• Upload, transmit, or share fraudulent, misleading, or manipulated transaction data
• Attempt to reverse engineer, decompile, disassemble, or extract source code from the App
• Use automated scripts, bots, scrapers, or other tools to access or extract data from the Service
• Circumvent, disable, or interfere with security features of the Service
• Access the accounts or data of other users without authorisation
• Transmit any viruses, malware, or other harmful code
• Use the Service for any commercial purpose without our prior written consent
• Resell, sublicense, or redistribute access to the Service
• Use the Service in any manner that could damage, disable, or impair our infrastructure
• Harass, abuse, or harm other users or our staff
• Use the Service to commit or facilitate any financial fraud or crime

6.Subscriptions & Billing

6.1 Free Tier

Pesaly offers a free tier with limited features as described on our pricing page. The free tier is provided at no cost and may be modified or discontinued at any time with reasonable notice.

6.2 Premium Subscription

Certain features require a paid Premium subscription. By subscribing, you authorise us to charge your selected payment method the applicable subscription fee on a recurring basis.

6.3 Automatic Renewal

Premium subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel at any time through the app under Settings → Subscription or by contacting support.

6.4 Price Changes

We reserve the right to change subscription prices. We will provide at least 30 days' notice before any price increase takes effect. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new price.

6.5 Refund Policy

All subscription fees are non-refundable except where required by Kenyan consumer protection law. If you cancel a Premium subscription, you will retain access to Premium features until the end of your current billing period. We may grant refunds at our sole discretion on a case-by-case basis — contact support@pesaly.co.ke within 7 days of a charge if you believe an error has occurred.

6.6 Free Trials

We may offer free trial periods for Premium features. Unless you cancel before the trial ends, you will be automatically charged the applicable subscription fee when the trial period expires. Trial eligibility is limited to one trial per user.

7.Intellectual Property

7.1 Our Property

The Service, including all software, design, text, graphics, logos, icons, and the selection and arrangement thereof, is the exclusive property of Pesaly Technologies Ltd and is protected by Kenyan and international intellectual property laws. All rights not expressly granted in these Terms are reserved by us.

7.2 Limited Licence to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download and use the App on your personal Android device solely for your personal, non-commercial use.

7.3 Restrictions

You must not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the Service without our prior written consent.

7.4 Feedback

If you submit suggestions, ideas, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, copy, modify, and incorporate that Feedback into the Service without obligation or compensation to you.

8.Your Data

8.1 Ownership

You retain full ownership of your personal data, including your M-Pesa transaction data processed through the Service. We do not claim any ownership rights over your data.

8.2 Licence to Process

By using the Service, you grant us a limited, non-exclusive licence to process your data solely for the purpose of providing and improving the Service, as described in our Privacy Policy.

8.3 Data Accuracy

Pesaly parses M-Pesa SMS messages automatically. While we make every effort to ensure accuracy, we cannot guarantee that all data is parsed, categorised, or displayed without error. You are responsible for verifying the accuracy of information before making financial decisions based on it.

8.4 Data Portability & Deletion

You may export your transaction data or delete your account at any time. Refer to our Privacy Policy for full details on data retention and deletion timelines.

9.Disclaimers

We do not warrant that: (a) the Service will be uninterrupted, error-free, or secure; (b) any defects will be corrected; (c) the Service is free of viruses or harmful components; or (d) the results obtained from using the Service will be accurate, reliable, or suitable for any purpose.

9.1 No Financial Advice

Nothing in the Service constitutes financial, investment, tax, accounting, or legal advice. Spending summaries, analytics, and AI-generated insights are informational only and should not be relied upon for financial decision-making. Always consult a qualified professional for advice specific to your circumstances.

9.2 Third-Party Services

The Service may contain links to or integrate with third-party services. We do not control and are not responsible for the content, privacy practices, or terms of any third-party service. Your use of third-party services is at your own risk and subject to their respective terms.

9.3 Service Availability

We do not guarantee that the Service will be available at all times. We may suspend, modify, or discontinue the Service or any feature at any time with or without notice, and we will not be liable to you or any third party for any such interruption or discontinuation.

10.Limitation of Liability

To the fullest extent permitted by Kenyan law, Pesaly Technologies Ltd, its directors, employees, agents, and affiliates shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages arising from unauthorised access to or alteration of your data
• Damages resulting from your reliance on information provided through the Service
• Damages caused by errors, inaccuracies, or omissions in transaction data parsing
• Damages arising from interruption or unavailability of the Service

In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service exceed the greater of: (a) the total amount you paid us in the 12 months preceding the claim, or (b) KSH 1,000.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11.Indemnification

You agree to defend, indemnify, and hold harmless Pesaly Technologies Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your violation of these Terms
• Your use or misuse of the Service
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party
• Any content or data you submit through the Service

12.Termination

12.1 Termination by You

You may terminate your account at any time by deleting it within the App under Settings → My Account → Delete Account, or by contacting us at support@pesaly.co.ke. Termination does not entitle you to a refund of any prepaid subscription fees.

12.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe that you have:

• Violated any provision of these Terms
• Provided false or misleading information during registration
• Engaged in fraudulent, abusive, or illegal activity
• Created a security or legal risk to us or other users

12.3 Effect of Termination

Upon termination: your licence to use the Service ends immediately; your access to the App and any cloud-stored data will be revoked; and we will delete your data in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination — including Intellectual Property, Disclaimers, Limitation of Liability, and Governing Law — shall continue in full force.

13.Governing Law & Disputes

13.1 Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

13.2 Dispute Resolution

We encourage you to contact us first at legal@pesaly.co.ke to resolve any dispute informally. Most issues can be resolved quickly and to everyone's satisfaction this way.

13.3 Jurisdiction

If informal resolution is not possible, you agree that any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of competent jurisdiction located in Nairobi, Kenya. You irrevocably submit to the personal jurisdiction of those courts.

13.4 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as a class, collective, or representative action.

14.Changes to These Terms

We may modify these Terms at any time. When we make material changes, we will:

1. 1Update the "Last Updated" date at the top of this page
2. 2Notify you by email to your registered address
3. 3Display a prominent notice within the App on your next login
4. 4For significant changes, ask for your renewed acceptance before you continue using the Service

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you disagree with any changes, you must stop using the Service and may delete your account.

15.Contact

If you have questions, concerns, or feedback about these Terms, please reach out: