These Terms and Conditions ("Terms" or "Agreement") govern the access to and use of the Asante Service ("Service" or "Platform") operated by Interactive Media Services "IMS" ("We", "Us", "Our"). The Service enables users to voluntarily send monetary tips to eligible recipients via M-PESA on the Safaricom network.
By accessing, registering for, or using the Service through the USSD code *269#, the mini app, web, or any other supported channel, you acknowledge that you have had the opportunity to review these Terms and that you have read, understood, and agree to be bound by them.
By accessing, registering for, or using the Service through the USSD code *269#, the mini app, web, or any other supported channel, you acknowledge that you have had the opportunity to review these Terms and that you have read, understood, and agree to be bound by them.
1
Definitions and Interpretation
"AML"
Anti-Money Laundering laws, regulations, and obligations applicable in Kenya.
"CBK"
The Central Bank of Kenya, the principal regulator of payment systems in Kenya.
"CFT"
Combating the Financing of Terrorism obligations under Kenyan law.
"FRC"
The Financial Reporting Centre of Kenya.
"M-PESA"
The mobile money transfer service operated by Safaricom PLC.
"Safaricom"
Safaricom PLC, a licensed telecommunications and payment service provider in Kenya.
"Platform" / "Service"
The digital tipping solution operated by IMS that facilitates voluntary tipping transactions via M-PESA.
"Tip"
A voluntary, discretionary monetary amount sent purely as a gesture of appreciation or goodwill — not as payment, consideration, donation, fundraising contribution, or compensation for goods or services.
"Tipper"
A User who initiates and sends a Tip using the Service.
"Recipient"
An individual or entity registered or enabled on the Platform to receive Tips.
"Transaction"
The successful processing of a Tip through M-PESA.
"User"
Any person who accesses or uses the Service, whether as a Tipper or Recipient.
"Third-Party Services"
Services provided by third parties, including Safaricom and M-PESA, that are integrated with or used in connection with the Platform.
2
Service Description and Regulatory Positioning
2.1
The Platform provides a facilitation layer only that enables Users to send and receive Tips via M-PESA.
2.2
No Custody of Funds: At no time does IMS receive, hold, store, control, or take custody of User funds. All Transactions are processed directly between Users through M-PESA in accordance with Safaricom's terms.
2.3
The Platform does not operate as a bank, payment service provider, remittance service, escrow service, or electronic wallet.
2.4
The Platform does not create any employment, agency, partnership, fiduciary, or joint venture relationship between: (a) Tippers and Recipients; or (b) Users and IMS.
2.5
The Service operates in compliance with applicable Kenyan laws, including the National Payment Systems Act, CBK regulations, the Proceeds of Crime and Anti-Money Laundering Act, and Safaricom M-PESA Terms and Conditions.
2.6
Safaricom's Role and Limitations of Liability:
- Safaricom PLC provides M-PESA payment infrastructure only and acts solely as a third-party payment service provider. Safaricom has no operational role in the Platform, does not participate in the administration of the Tipping Service, and exercises no control over the selection, onboarding, or management of Recipients.
- Safaricom does not endorse, recommend, control, or supervise Tips, Transactions, or any User conduct on the Platform.
- Safaricom bears no liability whatsoever for Platform operations, Service failures, User disputes, erroneous Transactions, fraud, misuse of the Service, or any claims arising from the Tipping Service.
- Safaricom is expressly designated as a third-party beneficiary of these Terms with full rights to enforce all limitations on its liability, disclaimers, and indemnification provisions in its favor.
- All claims, disputes, or liability related to the Platform shall be directed exclusively to IMS, and Users expressly release Safaricom from any and all liability, claims, demands, or causes of action relating to the Tipping Service.
3
Nature of Tips
3.1
Tips are strictly voluntary and discretionary.
3.2
Sending a Tip does not entitle a Tipper to any goods, services, preferential treatment, performance, or outcome from a Recipient.
3.3
Tips do not constitute a purchase, donation, or consumer transaction under the Consumer Protection Act, 2012.
3.4
Finality of Tips: Once a Tip has been successfully processed and credited to a Recipient's M-PESA account, it is final, irrevocable, and irreversible. IMS has no ability to reverse, cancel, or recall Tips and assumes no obligation to facilitate reversals under any circumstances.
Any reversal request must be made directly to Safaricom by forwarding the complete M-PESA transaction message to initiate a reversal, or by contacting Safaricom through its official channels.
4
Data Protection and Privacy
4.1
Personal data is collected and processed in accordance with the Data Protection Act, 2019 (Kenya).
4.2
Data collected may include full name, phone number, email address, transaction metadata, device information, and usage logs.
4.3
Personal data may be used for:
- Service provision and administration
- Identity verification and regulatory compliance
- Fraud prevention and AML/CFT monitoring
- Customer support and communications
4.4
Personal data may be processed or stored by Third-Party Services solely for lawful and operational purposes.
4.5
Data shall be retained for a minimum period of seven (7) years or such longer period as required by applicable law, including tax and AML/CFT regulations.
4.6
Users have the right to access, correct, or request deletion of personal data, subject to mandatory legal and regulatory retention obligations. Deletion requests will be honored to the extent permitted by law, provided that data required for tax compliance, AML/CFT obligations, or ongoing legal proceedings shall be retained for the full mandatory period.
5
User Eligibility and Compliance
5.1
A User must:
- be at least eighteen (18) years of age
- hold an active Safaricom M-PESA account
- be legally permitted to use financial services in Kenya
5.2
Users must not appear on any AML, CFT, or sanctions lists maintained by Kenyan authorities, the United Nations, or other applicable bodies. IMS may conduct ongoing screening and monitoring for sanctions compliance and may suspend or terminate accounts at any time based on AML/CFT obligations, even if Users were previously in good standing.
5.3
IMS reserves the right to conduct enhanced due diligence, request additional documentation, and suspend, restrict, or terminate accounts to meet regulatory obligations.
6
Registration, USSD Onboarding, and Account Responsibilities
6.1
Users shall provide accurate, complete, and up-to-date information during registration.
6.2
User accounts are personal and must not be shared with third parties.
6.3
IMS may suspend or terminate accounts that contain false, misleading, or incomplete information.
6.4
USSD Onboarding and Consent: Registration for a tip code may be initiated via the USSD code *269# or other designated channels. Before completing registration, Users will receive an SMS message containing a hyperlink to these Terms and Conditions. By proceeding with registration after receiving this SMS, Users confirm that they have accessed, read, understood, and accepted these Terms. The full Terms are also accessible at asante.co.ke/terms and within the mini app at all times.
7
Fees, Charges, and Taxes
7.1
Standard M-PESA transaction fees shall apply and are charged by Safaricom in accordance with Safaricom's published tariff schedule.
7.2
The Platform may charge a service fee or commission on Tips, which shall be clearly disclosed prior to transaction confirmation.
7.3
Fees may be revised from time to time. Users will receive seven (7) days' prior notice of any fee changes via SMS, app notification, USSD prompt, or other reasonable electronic means.
7.4
Users are solely responsible for determining, declaring, and paying any taxes arising from Tips sent or received, including but not limited to income tax, withholding tax, or value-added tax. The Platform does not provide tax advice. IMS may report Tip transactions to the Kenya Revenue Authority (KRA) as required by law, and Recipients may receive tax statements or reporting for Tips received.
8
Transaction Processing
8.1
Transactions are processed in real time through M-PESA subject to M-PESA system availability.
8.2
Upon successful completion, a Transaction is final and irreversible as set out in Section 3.4.
8.3
Failed or reversed Transactions resulting from M-PESA system errors shall be handled exclusively in accordance with Safaricom M-PESA policies. IMS has no control over such reversals and bears no liability for M-PESA system errors or failures.
9
Prohibited and Restricted Use
9.1
The Service shall not be used for:
- fundraising, charitable collections, or donations without appropriate licensing
- political campaigns or political financing
- gambling, betting, or lottery-related activities
- payment for illegal goods or services
- escrow, deferred payment, or conditional transfers
- money laundering, terrorism financing, fraud, or any unlawful activity
9.2
IMS reserves the right to block, suspend, restrict, freeze, or report any suspicious activity, Transactions, or accounts to relevant authorities, including the Financial Reporting Centre (FRC) and law enforcement agencies.
10
Errors, Complaints, and Disputes
10.1
Users shall notify IMS promptly of any suspected errors, unauthorized Transactions, or discrepancies via the customer support channels specified in Section 17.
10.2
Disputes: Once Tips are credited to a Recipient's M-PESA account, reversal is impossible except as determined solely by Safaricom. Disputes regarding the amount, recipient, or purpose of a Tip must be resolved directly between the Tipper and Recipient.
10.3
Where IMS provides information, assistance, or communication support in response to a dispute, such assistance is provided as a courtesy only and does not create any legal obligation, precedent, or waiver of rights.
11
Limitation of Liability
11.1
The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
11.2
IMS and Safaricom shall not be liable for:
- Recipient conduct, misuse of Tips, fraudulent activity, or failure to provide expected services
- Safaricom or M-PESA system failures, delays, outages, maintenance, technical errors, or any actions or omissions by Safaricom
- losses arising from Third-Party Services, including telecommunications network failures, internet service interruptions, or third-party integrations
- User errors, mistakes, or unauthorized access to User accounts
- any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities
11.3
To the maximum extent permitted under Kenyan law, the aggregate liability of IMS for any claims arising from or related to the Service shall not exceed the total fees paid by the User to IMS in the three (3) months preceding the claim, or KES 10,000, whichever is lower.
12
Intellectual Property Rights
12.1
All content, software, code, algorithms, user interfaces, trademarks, logos, and designs relating to the Service are the exclusive property of IMS or its licensors. Unauthorized use, reproduction, modification, distribution, or reverse engineering is strictly prohibited.
12.2
Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for its intended purpose in accordance with these Terms.
13
Indemnity
13.1
Users agree to indemnify, defend, and hold harmless IMS, Safaricom PLC, and their respective directors, officers, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable legal fees), regulatory penalties, fines, or demands arising from or related to:
- User's misuse of the Service or breach of these Terms
- User's violation of applicable laws, including AML/CFT laws, tax laws, or consumer protection regulations
- User's violation of Safaricom M-PESA Terms and Conditions
- disputes between Users, including disputes regarding Tips sent or received
- unauthorized use of User's account by third parties
- any third-party claims arising from User's conduct or use of the Service
13.2
This indemnity obligation expressly extends to Safaricom PLC as a third-party beneficiary and shall survive termination of these Terms.
14
Force Majeure
14.1
IMS shall not be liable for any failure or delay in performing its obligations caused by events beyond its reasonable control, including but not limited to:
- M-PESA system failures, outages, maintenance, or technical disruptions
- telecommunications or internet service provider failures or outages
- cyber attacks, hacking attempts, DDoS attacks, or malware
- government actions, orders, regulations, or directives, including mandated service shutdowns
- acts of God, natural disasters, pandemics, wars, terrorism, riots, or civil unrest
- labor strikes, lockouts, or other industrial action
- any other events beyond IMS's reasonable control
14.2
In the event of force majeure, IMS's obligations shall be suspended for the duration of the force majeure event, and IMS shall not be liable for any resulting damages or losses.
15
Governing Law and Dispute Resolution
15.1
These Terms shall be governed by and construed in accordance with the laws of Kenya.
15.2
Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally resolved by arbitration under the Arbitration Act (Laws of Kenya). The arbitration shall be administered by the Nairobi Centre for International Arbitration (NCIA) in accordance with its rules. The seat of arbitration shall be Nairobi, Kenya. The language of arbitration shall be English. The arbitral tribunal shall consist of a sole arbitrator appointed in accordance with the NCIA Rules.
15.3
Waiver of Class Actions: Users expressly waive any right to bring, join, or participate in any class action, collective action, representative action, or consolidated proceeding against IMS or Safaricom. All disputes must be brought on an individual basis only.
15.4
Users agree to first attempt resolution of disputes through IMS's internal complaints process as set out in Section 17 before initiating arbitration proceedings.
15.5
Nothing in this Section shall prevent IMS from seeking injunctive or equitable relief in the courts of Kenya for matters involving intellectual property infringement, breach of confidentiality, or fraud.
16
Amendments and Communications
16.1
IMS may amend, modify, or update these Terms from time to time at its sole discretion. Amendments shall take effect immediately upon publication within the mini app, on the website, or at such later date as may be specified in the notice of amendment.
16.2
Notification of material amendments will be provided through the mini app, USSD prompts, SMS, email, or other reasonable electronic means. Continued use of the Service following notification of amendments constitutes acceptance of the amended Terms.
16.3
If a User does not agree to any amendment, the User must immediately cease using the Service and may close their account in accordance with Section 18.
17
Customer Support
17.1
For inquiries, complaints, or support requests, Users may contact IMS via:
- Email: legal@ims.co.ke
- In-App Support: Available within the mini app Help section
17.2
IMS will make reasonable efforts to respond to inquiries within three (3) business days. Response times may vary depending on the nature and complexity of the inquiry.
18
Account Suspension and Termination
18.1
Termination by IMS: IMS reserves the right to suspend, restrict, or terminate any User account at any time, with or without cause, with or without prior notice, and without liability. Grounds for termination include, but are not limited to:
- breach of these Terms
- suspected fraudulent, illegal, or suspicious activity
- failure to comply with AML/CFT obligations or regulatory requirements
- provision of false, misleading, or inaccurate information
- prolonged inactivity
- at IMS's sole discretion for operational, business, or strategic reasons
18.2
Termination by User: Users may close their accounts at any time by contacting customer support. Account closure does not relieve Users of obligations incurred prior to termination, including indemnity obligations, outstanding fees, or regulatory compliance obligations.
18.3
Effect of Termination: Upon termination, all User rights to access and use the Service shall immediately cease. Terminated Users shall not be entitled to any refunds, compensation, or damages. Sections 4, 11, 12, 13, 15, and 18 shall survive termination.
19
Severability and Waiver
19.1
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitral tribunal, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent, or if modification is not possible, it shall be severed from these Terms.
19.2
Waiver: No failure or delay by IMS in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. Any waiver must be in writing and signed by an authorized representative of IMS.
20
Assignment
20.1
IMS may assign, transfer, or delegate any or all of its rights and obligations under these Terms to any third party, including but not limited to a successor entity, affiliate, or acquirer, without prior notice to or consent from Users.
20.2
Users may not assign, transfer, or delegate any of their rights or obligations under these Terms without the prior written consent of IMS. Any attempted assignment in violation of this Section shall be null and void.
21
Entire Agreement
21.1
These Terms, together with any policies, guidelines, or notices incorporated by reference (including the Privacy Policy and Safaricom M-PESA Terms and Conditions), constitute the entire agreement between the User and IMS concerning the Service and supersede all prior or contemporaneous agreements, understandings, representations, or communications, whether written or oral.
21.2
In the event of any conflict between these Terms and any other document, these Terms shall prevail unless expressly stated otherwise.
Acceptance of Terms
You agree by using the Service
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.