Terms and Conditions

Updated as of June 9, 2025

1. Overview

Kappa Pay Ltd. ("Kappa Pay", "we", "our", "us") is a cross-border payments company that helps businesses and individuals send and receive international payments efficiently and in compliance with local regulations. We specialise in supporting trade settlement and inbound remittance flows, focusing on African markets. Our technology-driven platform gives importers, exporters, and consumers in countries like Côte d’Ivoire, Nigeria, and Cameroon a faster, more cost-effective alternative to traditional banks and informal channels. Kappa Pay’s services include:

International B2B payments for goods and services
Trade settlement for importers and exporters
Inbound remittances from the diaspora
Local currency payouts and FX solutions
Web and mobile access to manage transactions and track status

These Terms govern your use of Kappa Pay’s platform, websites, mobile apps, software, and related content and services (the “Service”). Depending on where you are located, additional legal terms may apply. These are set out in the Regional Addenda at the end of this Agreement. Your use of the Service is also subject to the Arbitration Provision in Section 7, which requires most disputes to be resolved through binding arbitration. Please read it carefully.

2. Use of the Service

Grant of Licence:

You are granted a limited, revocable, non-exclusive, non-transferable licence to access and use the Service, subject to this Agreement and any applicable third-party terms. Kappa Pay reserves all rights not explicitly granted.

Permitted Uses:

You may use the Service to send and receive payments in accordance with applicable laws, including for trade, remittances, and related financial activity.

Prohibited Uses:

You may not:

Use the Service for illegal or unauthorised transactions
Sell, sublicense, or redistribute access to the Service.
Modify, reverse-engineer, or attempt to interfere with the Service.
Use the Service to build a competing product or service.
Violate any applicable sanctions, AML, CTF, or data protection laws.

Modification and Termination:

We may change, suspend, or discontinue any part of the Service. We may also terminate your access if you violate these Terms. If you are unsatisfied, your only remedy is to stop using the Service.

3. Account & Identity Verification

Eligibility:

You must be at least 18 years old to use the Service.

Verification:

To comply with international and local laws, including anti-money laundering (AML), counter-terrorism financing (CTF), and know-your-customer (KYC) regulations, Kappa Pay may request that you provide personal, business, and financial information, including valid ID documents.

Responsibility:

You are responsible for keeping your account secure. Notify us immediately of any unauthorised access to or use of your account.

4. Fees & Taxes

Fees applicable to using Kappa Pay’s services are available at www.kappapay.com/fees. You are responsible for paying all applicable taxes, including but not limited to sales tax, VAT, and any other duties as applicable in your jurisdiction.

5. Intellectual Property

Kappa Pay and its licensors own all rights, titles, and interests in the services, software, and content provided through the Service. Nothing in this Agreement grants you any ownership rights. Kappa Pay reserves all intellectual property rights.

User Content:

Any content you submit or upload through the Service grants Kappa Pay a worldwide, royalty-free, perpetual licence to use, modify, and distribute it for business purposes.

6. Disclaimers & Limitations

The Service is provided "as is" and "as available." To the fullest extent permitted by law, Kappa Pay disclaims all express or implied warranties. Kappa Pay’s total liability to you is limited to the greater of $100 USD or the fees you paid in the last 12 months. We are not liable for indirect, incidental, or consequential damages, or for any loss of profits or data.

7. Dispute Resolution

We encourage resolving disputes amicably; in some cases, regional dispute processes may apply as outlined in the Addenda. If no local process applies, this Agreement will be governed by the laws of England and Wales. Any unresolved disputes will be resolved by binding arbitration or, where applicable, in court. You agree that you will not participate in class actions, class arbitrations, or jury trials. Please refer to the Regional Addenda for details on country-specific arbitration.

8. Privacy

Our Privacy Policy explains how we collect, use, and protect your data. Using the Service, you agree to collect and use your data as outlined in the Privacy Policy.

9. Contact Us

If you have any questions about these Terms & Conditions, please contact us at: Email: legal@kappapay.com

10. Regional Addenda

These Addenda supplement the Terms & Conditions for specific jurisdictions. In case of conflict, the Addenda prevail.

Addendum A – United States

Governing Law: State of New York.
Arbitration: Binding arbitration under the Federal Arbitration Act (FAA), administered by the American Arbitration Association (AAA). No class actions or jury trials.
Opt-Out: Email legal@kappapay.com within 30 days of acceptance to opt out of arbitration.
Sanctions Screening: Users are screened against U.S. OFAC and related sanctions lists.
Consumer Disclosures: US-specific rights and notices are provided as required by law.

Addendum B – European Union

Governing Law: Laws of the relevant EU Member State where Kappa Pay provides the Service.
GDPR Compliance: Users have rights under the General Data Protection Regulation (GDPR), including access, rectification, and data erasure.
Consumer Rights: 14-day withdrawal right applies, except where services have already been performed.
ODR Platform: EU users may submit disputes via the EU Online Dispute Resolution (ODR) platform.
Data Transfers: Data may be transferred outside the EU in compliance with GDPR safeguards.

Addendum C – Cameroon

Governing Law: Laws of the Republic of Cameroon.
Regulatory Compliance: Users must comply with local laws, including AML/CTF and KYC requirements.
Sanctions Screening: Users are screened against local and international sanctions lists.
Data Protection: Personal data is handled by local data protection laws.
Disputes: Resolved in the courts of Cameroon.

Addendum D – Côte d’Ivoire

Governing Law: Laws of the Republic of Côte d’Ivoire.
Regulatory Compliance: Users must comply with local AML/CTF regulations.
KYC Requirements: Users must provide identity documents as required by local regulations.
Sanctions Screening: Users are screened against BCEAO, FATF, and UN sanctions lists.
Data Protection: Personal data is handled by local data protection laws.
Disputes: Resolved in the courts of Côte d’Ivoire.

Addendum E – Nigeria

Governing Law: Laws of the Federal Republic of Nigeria.
Regulatory Compliance: Users must comply with the Central Bank of Nigeria (CBN) regulations, AML/CTF laws, and reporting requirements to the Nigerian Financial Intelligence Unit (NFIU).
KYC Requirements: Users must provide valid identification and business documentation as the CBN requires.
Sanctions Screening: Users are screened against local and international sanctions lists.
Data Protection: Personal data is handled in accordance with the Nigerian Data Protection Act.
Disputes: Resolved in the courts of Nigeria.