Terms of Use

These Terms of Use (“Terms”) are a legal agreement between you (“you”, “User”, or “Merchant”) and the operator of EcoPay360 (“EcoPay360”, “we”, “us”, or “Company”), a product in the Ecosys360 family, regarding your access to and use of the EcoPay360 website, dashboard, APIs, and related services at pay.ecosys360.com (the “Service”).

By creating an account, checking the acceptance box at signup, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not create an account or use the Service.

1. The Service

EcoPay360 is a developer- and merchant-facing platform that orchestrates M-Pesa STK Push (Lipa Na M-Pesa Online) requests using platform Daraja credentials. Payments settle to a Paybill, Till, or bank shortcode that you connect in the dashboard. EcoPay360 does not take custody of customer funds and is not a bank, deposit-taking institution, or money remittance licensee under Kenyan law unless we expressly state otherwise in writing.

The Service may include, without limitation:

• Account and organization (workspace) management
• Connected settlement destinations (Paybill, Till, Bank)
• API keys and STK Push / transaction status APIs
• Webhooks and delivery retries
• Subscription billing for access to paid plans
• Dashboard analytics, transaction history, and test tools
• Documentation and support materials

Features may change, be added, or be discontinued. We may offer free trials, beta, or experimental features that are provided “as available” and may be modified or withdrawn at any time.

2. Eligibility and authority

You may use the Service only if:

• You are at least 18 years old and able to form a binding contract under Kenyan law;
• You are using the Service for a lawful business or professional purpose (or on behalf of one);
• If you register for an organization, you represent that you have authority to bind that organization to these Terms; and
• You and your organization are not prohibited from using payment or telecommunications services under applicable sanctions, AML, or Safaricom / Daraja program rules.

3. Accounts and security

You must provide accurate registration information and keep it updated. You are responsible for safeguarding your password, API keys, webhook secrets, and dashboard access, and for all activity under your account.

• Do not share API keys publicly or commit them to source control.
• Rotate keys immediately if you suspect compromise.
• Notify us promptly of unauthorized access at security@ecosys360.com.
• We may suspend accounts that show abuse, fraud indicators, or credential compromise.

4. License grant

Subject to these Terms and your paid or trial plan limits, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes. We reserve all rights not expressly granted. You do not acquire ownership of the Service, software, documentation, branding, or underlying infrastructure.

5. Intellectual property

EcoPay360, Ecosys360, related marks, logos, UI, code, and documentation are owned by Company or its licensors. You retain ownership of your content, configuration, and customer/transaction data you submit (“Merchant Data”). You grant us a worldwide, royalty-free license to host, process, transmit, and display Merchant Data solely as needed to operate, secure, and improve the Service, comply with law, and fulfill your instructions (including webhook delivery to endpoints you configure).

6. Connected accounts and no custody

You are responsible for the accuracy of shortcodes, passkeys, bank details, and other credentials you connect. Settlement occurs according to Safaricom M-Pesa and your destination configuration — not into an EcoPay360 wallet.

• You must have lawful authority to use each shortcode or bank paybill you connect.
• Misconfigured destinations, wrong account numbers, or Safaricom outages may result in failed or delayed settlement; EcoPay360 is not liable for third-party payment rail failures beyond our reasonable control.
• Platform Daraja credentials are used to initiate STK on your behalf as an aggregator / orchestrator; you remain responsible for your commercial relationship with your customers and for complying with Safaricom and applicable financial services rules.

7. Acceptable use

You agree not to, and not to permit others to:

• Violate any law, regulation, or third-party right;
• Use the Service for fraud, money laundering, terrorist financing, scams, or unauthorized collections;
• Attempt unauthorized access to the Service, other tenants’ data, or Safaricom systems;
• Interfere with rate limits, security controls, or service integrity;
• Reverse engineer, scrape, or harvest data except as allowed by documented APIs;
• Resell, white-label, or sublicense access without our prior written consent;
• Send spam, malware, or abusive webhook / API traffic;
• Misrepresent your identity, affiliation, or settlement destination;
• Use disposable emails, multiple accounts, or other means to abuse free trials or quotas;
• Process payments for prohibited goods/services under Safaricom, card scheme, or Kenyan law (including illegal gambling where not licensed, adult exploitation, or sanctioned trade).

We may investigate suspected violations and suspend or terminate access without prior notice where reasonably necessary to protect the Service, users, or the public.

8. Plans, fees, trials, and taxes

Access to paid features is sold on subscription plans (for example monthly, quarterly, semi-annual, or annual billing intervals) as shown in the dashboard at the time of purchase. Prices are typically denominated in Kenyan Shillings (KES) unless stated otherwise.

• Trials. New workspaces may receive a limited free trial (for example three days). Trials may be restricted by email, IP, or other anti-abuse controls. Trials convert to paid access only when you complete a paid subscription flow.
• Billing. Subscription fees may be collected via M-Pesa STK Push to a platform billing destination we designate. Successful payment activates or renews your plan for the stated period.
• Taxes. Fees are exclusive of applicable taxes unless we state otherwise. You are responsible for taxes arising from your use of the Service.
• Failed payments. If renewal payment fails or a subscription expires, we may restrict API and dashboard features until payment succeeds or the account is closed.
• Refunds. Except where required by law, subscription fees are generally non-refundable once the billing period has started. Contact billing@ecosys360.com for billing disputes within fourteen (14) days of the charge.
• Changes. We may change plan prices or quotas with reasonable notice for renewals. Continued use after the effective date of a price change constitutes acceptance for subsequent periods.

9. API, quotas, and webhooks

API use is subject to documented rate limits, plan quotas, and authentication requirements. You must use HTTPS webhook endpoints you control and keep secrets confidential. You are responsible for validating webhook authenticity (for example signature verification) and for the security of systems that receive transaction payloads.

Transaction status may be asynchronous. Callbacks from Safaricom or reconciliation jobs may update records after the initial API response. Do not treat a pending STK as final settlement until the Service reports a completed or failed status consistent with your integration design.

10. Privacy

Our collection and use of personal data is described in the Privacy Policy, which is incorporated by reference. For personal data of your end customers that you process through the Service, you are typically the data controller (or equivalent) and EcoPay360 acts as a processor / service provider to the extent required to deliver STK orchestration, logging, and webhooks — except where we process data as an independent controller (for example account administration, billing, security, and product analytics).

11. Third-party services

The Service depends on third parties, including Safaricom Daraja / M-Pesa, hosting providers, databases, Redis, email delivery, and other infrastructure. Their availability, terms, and performance are outside our exclusive control. Your use of M-Pesa remains subject to Safaricom’s terms and applicable law. We are not liable for third-party outages, policy changes, or settlement delays beyond our reasonable control.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT TRANSACTIONS WILL ALWAYS SUCCEED OR SETTLE WITHIN A PARTICULAR TIME.

Nothing in these Terms excludes liability that cannot be excluded under Kenyan law, including for fraud or fraudulent misrepresentation where such exclusion is prohibited.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOPAY360 AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, GOODWILL, OR DATA; OR BUSINESS INTERRUPTION — WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE — EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ECOPAY360 FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) TEN THOUSAND KENYAN SHILLINGS (KES 10,000) IF YOU ARE ON A FREE TRIAL OR HAVE PAID NOTHING IN THAT PERIOD.

These limits allocate risk and are a fundamental part of the bargain between you and us. Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum extent permitted.

14. Indemnification

You will defend, indemnify, and hold harmless EcoPay360 and its affiliates, officers, and employees from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your Merchant Data or customer transactions; (b) your misuse of the Service or API keys; (c) your violation of these Terms, law, or third-party rights; (d) disputes between you and your customers or payers; or (e) unauthorized use of shortcodes or destinations you connect.

15. Suspension and termination

You may stop using the Service at any time and may request account closure by contacting support. We may suspend or terminate access immediately for breach, legal risk, non-payment, abuse, or to protect the Service. Upon termination, your license ends. We may retain certain records as required by law, fraud prevention, or our Privacy Policy. Where reasonably practicable, we will provide a window to export transaction records before deletion of active dashboard access.

16. Changes to the Terms

We may update these Terms by posting a revised version with a new effective date. Material changes may be communicated by email, dashboard notice, or requiring renewed acceptance at signup or login. Continued use after the effective date constitutes acceptance, except where mandatory law requires a different process.

17. Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-law rules. Subject to mandatory consumer protections (if any apply), the courts of Kenya have exclusive jurisdiction over disputes arising from these Terms or the Service. Before filing a claim, you agree to attempt good-faith resolution by contacting legal@ecosys360.com.

18. Export, sanctions, and compliance

You represent that you are not located in, and will not use the Service for the benefit of, parties prohibited under applicable sanctions or export control laws. You are responsible for your own AML/CFT, tax, and consumer-protection compliance toward your customers.

19. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement regarding the Service and supersede prior understandings on the same subject.
• Severability. If a provision is unenforceable, the remainder stays in effect.
• Waiver. Failure to enforce a provision is not a waiver of future enforcement.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. We may notify you via the Service, email on your account, or posting on the website. Legal notices to us: legal@ecosys360.com.
• Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, or employment relationship.

20. Contact

Topic	Contact
Legal	legal@ecosys360.com
Billing	billing@ecosys360.com
Security	security@ecosys360.com
Product / support	support@ecosys360.com
Service	https://pay.ecosys360.com