Thank you for accessing and using our system to build, test, deploy and manage your application(s) and shortcode(s) (the “Services”). The Services are provided by Novacom Technologies Limited (“Novacom”).
By creating an Account to access and use our Services, you are agreeing to these terms.
Proxy API enables you to access, test and use to Go Live, within the environment, APIs, M-PESA APIs, scripts, buttons, app keys, access tokens, web pages and documentation collectively referred to as Proxy API.
While you test your application(s) in preparation for using the live API, you shall utilize a test Paybill number within the test environment. You have no claim to the test Paybill number and Safaricom PLC. reserves the right to reclaim and reissue the test paybill numbers at their own discretion.
You will need to create an Account in order to use some of our Services. You can view some content on the Portal before creating an Account, but you are required to create your own Account to fully access and use our Services. You will be required to provide a valid email address while creating your Account for purposes of verifying your account. You are responsible for ensuring that the email address associated with your Account is accurate. You may provide your basic information (including a profile name) to create an account. You may provide us a mobile phone number and also add other information to your account, such as a profile picture and about information. By creating an account on the Portal, you warrant to Novacom that you have the capacity to use the Portal and to enter into these Terms of Service. You are responsible for the activity that happens on or through your Account, therefore, to protect your Account keep your credentials confidential. We are not responsible for personal data transmitted to a third party as a result of you providing an incorrect email address or deliberately or inadvertently providing, allowing a third party access to your registered email address and/or Account.
We reserve the right to delete inactive accounts on the Portal.
If you use our payment services available in your country, we process transaction information as described in the applicable payments Terms and Conditions.
You may provide us with information related to your use of our Services, including copies of your transactions or log data, and how to contact you so we can provide you with customer support.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. Other than as expressly set out in these terms or additional terms, Novacom does not make any specific promises about the services. We don’t make any commitments about the services being fit for any particular purpose. The services are provided "as is", at your own risk, without express or implied warranty or condition of any kind. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You will indemnify, defend and hold Novacom, our affiliates and licensors harmless from all costs and expenses (arising from any third party claim relating to: (a) your breach of these Terms of Service or any act or omission by you in connection with your use of the Portal; (b) your application; or (c) your collection or use of User Data. You may not settle any claims that limit our rights without our prior written consent.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Novacom and its affiliates, officers, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
We must receive or collect some information to operate, provide, improve, understand, customize, support, and market our Services. This also includes when you access or use our Services. The types of information we receive and collect depend on how you use our Services.
We may collect information about your activity on our Services. This includes information about your activity (including how you use our Services, your Services settings, how you interact with others using our Services, as well as the time, frequency, and duration of your activities and interactions while using our Services), logs and diagnostics, crash, website, and performance logs and reports. This also includes information about when you registered to use our Services and the features you use.
We may collect device and connection-specific information when you access or use our Services. This includes information like hardware model, operating system information, battery level, signal strength, app version, browser information, and mobile network, connection information including phone number, mobile operator or ISP, language, time zone, IP, device operations information, and identifiers like device identifiers.
We may collect device location information if you use our location features, and for diagnostics and troubleshooting purposes. We may use various technologies to determine location, including IP, GPS, Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
We may collect information about your activity on our Services. This includes information about your activities (including how you use our Services, your Services settings, how you interact with others using our Services, as well as the time, frequency, and duration of your activities and interactions while using our Services), logs and diagnostics, crash, website, and performance logs and reports. This also includes information about when you registered to use our Services and the features you use.
Using our Services does not give you ownership of any Intellectual Property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. You agree and acknowledge that Novacom is the sole owner of the branding, logos or names used in our Services. You also agree not to contest or aid in contesting Novacom Technologies Ltd’s rights in, or the validity of, those marks, including, but not limited to, by applying to register any mark that is confusingly similar to those of Novacom "marks" means all trademarks, service marks, logos or trade names used to identify Novacom and its products and services. Our Services display some content that does not belong to Novacom. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
We shall work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we shall work with companies to provide our infrastructure, delivery, and other systems, map and places information, process payments, help us understand how people use our Services, market our Services, help you connect with businesses using our Services, conduct surveys and research for us, and help with customer service. These companies may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them. For example, if you choose to access our Services through a mobile carrier's or device provider's promotion of our Services. Please note that when you use third-party services, their own Terms and Privacy Policies will govern those services.
We use the information we have (subject to choices you make) to operate, provide, improve, understand, customize, support, and market our Services.
We use the information we have to operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us.
We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
We do not allow third-party banner ads on our Services. We have no intention to introduce them, but if we ever do, we will update this policy accordingly.
We store information until it is no longer necessary to provide our services, or until your account is deleted, whichever comes first. This is a case-by-case determination that depends on things like the nature of the information, why it is collected and processed, and relevant legal or operational retention needs.
If you would like to manage, change or limit your information, we allow you to do that through the following tools:
You can change your Account settings to manage certain information available to other users.
To delete your information, you can get in touch with us directly via API Support
You can change your profile name, profile picture, and about information at any time on our Portal.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. Always look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of the Service.
These Terms of Service will be governed by the Laws of Kenya except for its conflicts of laws principles. All claims arising out of or relating to these terms or the services litigated exclusively in Kenya except you agree that Novacom may apply for injunctive relief in any jurisdiction.
You may not assign any of your rights in these Terms of Service, and any such attempt is void, but Novacom, may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. If it turns out that a particular term is not enforceable, this will not affect any other terms.