What you agree to when you use AutoTreasurer.

AutoTreasurer is a mobile and web-based fundraising platform developed, operated, and owned by AutoTreasurer ("the Company"), a technology company providing group contribution management, fundraising applications, and related services. The Company is not a financial institution and does not accept deposits. AutoTreasurer enables users to collect and manage group contributions easily and efficiently in a transparent manner. The platform facilitates contributions via M-Pesa mobile money and provides governance tools including multi-party approval workflows for withdrawals and group decisions.

Please read this document carefully before accessing or using AutoTreasurer.

In this Agreement, the following terms and expressions shall, unless the context otherwise requires, have the following meanings:

This Terms of Use governs the use by you of AutoTreasurer, the acceptance of which constitutes a binding contract between yourself and the Company. You acknowledge that your use of the AutoTreasurer Service is at free will and you have not been coerced or compelled to use this Service. You agree to abide by these Terms of Use with respect to the use of AutoTreasurer and such other products and services as may from time to time be made available to you by us.

You acknowledge that the Company may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Company's servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.

If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your password and Account. You are fully responsible for any and all activities that occur under your Account.

You understand and accept the following basic terms on use of AutoTreasurer:

1. Setting up a Contribution Group on AutoTreasurer is free.
2. You can only manage one active Contribution Group with one phone number at any given time; however, you can contribute to an unlimited number of Contribution Groups started by other people.
3. You can withdraw your collected contributions at any time.
4. Contributions are initiated via M-Pesa. Withdrawals are routed to the Contribution Group's configured Disbursement Destination. Applicable network and payment-provider tariffs apply.
5. A service charge of KES 2 is applied to each contribution transaction and is borne by the contributor.
6. A Contribution Group may have a maximum of three (3) Treasurers who approve Approvals, including withdrawals, loan requests, membership changes, and governance decisions.
7. Treasurers may vote on Approvals using one of the following models as configured by the group creator: unanimous, majority, percentage-based, or designated approver.
8. For Contribution Groups with recurring contribution plans (such as Chama or Estate Security groups), the platform tracks contribution arrears based on the configured contribution frequency and first payment start time. Arrears tracking is informational and does not result in automatic charges.
9. Other applicable Fees for use of this Service are described elsewhere on our website.

The Company hereby declares that it holds custody of all Payments and other monies received with respect to the Payments credited to your Account for you and for your benefit, such that you shall be beneficially entitled to all those Customer Balances equivalent to the Balance standing to the credit of your Account.

You acknowledge that we do not invest or generate money from the monies we hold on your behalf in any way and shall have no obligation to invest the Customer Balances other than by way of holding the same in a trust account. You are aware that we receive this money through payment channels and hold it in the trust account on your behalf, and that we make our money through the Fees we charge you for the Product.

Contributions or donations made to your AutoTreasurer Account do not constitute a deposit, and we are not a financial institution. You accept that the money in your Account is therefore not insured, and you hold us harmless against each and every risk that may occur as a result of the said lack of insurance.

In addition to the basic terms and conditions set out above and elsewhere in this Agreement in relation to withdrawals, you note and understand the following:

1. Withdrawal requests require Approval from the Contribution Group's Treasurers according to the configured voting model before contributions are disbursed.
2. Once approved, we shall strive to effect your withdrawal promptly to the configured Disbursement Destination, barring factors beyond our control.
3. Contributions will be disbursed to the Disbursement Destination designated by the Contribution Group creator when the group is created. That destination is fixed for the Contribution Group after creation and may differ from the phone number used to create the group.
4. If your configured Disbursement Destination relies on a phone or SIM and you lose access to it, you must restore that access through your mobile operator before the withdrawal can be completed.
5. In the event you are incapacitated, you may personally appear at our offices with satisfactory evidence of your identity, or your designated next of kin or legal representative may apply for withdrawal with the requisite documentation.

The technology and software underlying the Service or distributed in connection therewith, including any content or features contained therein, are the property of the Company, our affiliates, and our partners. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, assign, sublicense, or otherwise distribute, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code in the Software.

The Company name and logos are trademarks and service marks of the Company. Nothing in this Terms of Use should be construed as granting any license or right to use any Company trademarks without our prior written permission.

By uploading any User Content you grant the Company a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service.

The Service may provide links or other access to other sites and resources on the Internet. The Company has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You agree that the Company is not liable for any loss or claim that you may have against any such third party.

The Company reserves the right to:

1. Change, add, modify, or remove any information and materials on the Product at any time.
2. Change or amend the Terms of Use at any time.
3. Suspend, limit, restrict, and/or deny access to any aspect of the Product at any time, including for scheduled or unscheduled maintenance.
4. Change the Fees charged for this Product from time to time.

You will be notified of any such changes by SMS, email, or in-app notification. Your continued use of the Service after any such changes constitutes your agreement to accept the changes. If you do not agree with any amendment you may cancel the service by informing us in writing.

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained through the Service will meet your expectations.

In no event will the Company's total liability to you for all damages, losses, or causes of action exceed ten thousand Kenyan Shillings (KES 10,000).

This section is our Acceptable Use Policy. It is intended to keep AutoTreasurer aligned with applicable law and with the prohibited-business and restricted-business standards commonly imposed by payment and banking partners, including Stripe. You may use AutoTreasurer only for lawful, transparent Contribution Groups and related governance activity that matches the purpose you disclosed to us.

The examples below are representative and not exhaustive. We may decline, restrict, or remove any use case that we believe is illegal, deceptive, unsafe, unlicensed, sanctions-sensitive, or otherwise incompatible with our compliance obligations.

You must not use AutoTreasurer for:

1. any activity that is unlawful where you operate or where your contribution group is targeted, including use by sanctioned persons, embargoed jurisdictions, or anyone attempting to evade sanctions, export controls, licensing rules, or identity verification requirements;
2. fraudulent, deceptive, manipulative, or predatory activity, including impersonation, fake causes, misleading beneficiary or contribution group information, hidden fees, fabricated testimonials, document falsification, payment testing, or transactions that do not correspond to a genuine contribution, product, or service;
3. adult sexual content or services, sexual solicitation, escort services, or contribution group primarily intended to monetize explicit sexual material;
4. illegal drugs, controlled substances, drug paraphernalia, high-THC cannabis products, or other products primarily intended to produce or facilitate illegal drug use;
5. illegal weapons, explosives, toxic or dangerous materials, or contribution group intended to finance violence, hatred, unlawful harm, or intimidation against any person or group;
6. gambling, betting, lotteries, raffles, sweepstakes, games of chance, or tournaments with money or other prizes, except where we have expressly approved the use case in writing and the activity is lawful in every relevant jurisdiction;
7. counterfeit goods, pirated content, unauthorized resale of branded or licensed goods, or any activity that infringes or facilitates infringement of intellectual property, privacy, or publicity rights;
8. collection, holding, transmission, or payout of funds on behalf of an undisclosed third party or merchant, or for any product, service, or beneficiary materially different from what was disclosed to us;
9. prohibited financial or legal services such as peer-to-peer money transmission outside the platform's native flows, check cashing, debt relief, debt collection, credit repair, bail bond activity, shell banking, or unlawful lending or investment schemes.

Some higher-risk categories are not automatically supported and may proceed only with our prior written approval, jurisdictional support, and any licenses, registrations, or diligence materials we request. These include:

1. charitable, nonprofit, political, reward-based, or prize-linked fundraising where enhanced review, beneficiary verification, or payment-partner approval is required;
2. regulated financial services beyond AutoTreasurer's native contribution and M-Pesa disbursement features, including public lending, remittances, currency exchange, escrow, stored-value, investment activity, cryptoasset or digital-asset services, or other money-service-business activity;
3. regulated or age-restricted goods and services, including legal firearms or weapon accessories, CBD or related products within local legal limits, tobacco or nicotine products, pharmaceuticals, medical devices, telemedicine, or other health-related services that require licensing or prescription controls;
4. marketplace, platform, creator-economy, file-hosting, travel, or similar third-party business models that our payment partners classify as elevated risk or subject to additional underwriting.

We may require additional information at any time, including proof of identity, beneficiary details, licenses, source-of-funds information, organizational documents, or contribution group support records. We may reject, pause, remove, restrict, suspend, or terminate any Account, Contribution Group, contribution, or disbursement that violates this section or that we believe would place AutoTreasurer or its payment partners out of compliance.

We do not endorse any product, service, political party, viewpoint, or opinion. We reserve the right, without any liability, to monitor content on our systems and remove any that in our sole opinion we find misleading, offensive, or otherwise inappropriate.

You are solely responsible for all transmitted material and must not use AutoTreasurer or any of our Products or services to commit any offence.

You may submit a report about a Contribution Group you reasonably believe is unsafe, misleading, suspicious, fraudulent, or otherwise in breach of these Terms. We may investigate such reports and may remove content or restrict, suspend, or terminate the relevant Contribution Group or Account where we believe these Terms, applicable law, or platform safety rules have been violated. For details on how reporting-related personal data is handled, please see our Privacy Policy.

We may suspend, bar, restrict, or terminate the provision of the Services and/or close your Account without liability and without notification in the following circumstances:

1. If you are declared bankrupt or insolvent.
2. If we have reason to believe your Account is being used in an unauthorized, unlawful, or fraudulent manner.
3. If any law enforcement or regulatory agency initiates investigation against you.
4. If you do not comply with any conditions or instructions relating to the Services.
5. If you notify us that the security of your Account is compromised.
6. Upon receipt of your request to close your Account.

You agree to release, indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and officers against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from your use of the Service, any User Content, your connection to the Service, or any violation of these Terms of Use.

The use of this Product shall be governed by and construed in accordance with the laws of Kenya without regard to its conflict of law provisions. Any and all disputes arising out of or in connection with this Agreement shall be resolved exclusively through final and binding arbitration rather than a court.

You agree that, by entering into this Terms of Use, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator.

Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law. If any provision is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity will not affect any other provision, and this Agreement will be reformed and enforced as if such provision had never been contained herein.

Contribution payments on the platform are initiated through M-Pesa. Approved withdrawals are routed to the configured Disbursement Destination using the payment rail applicable to that destination. By using AutoTreasurer, you acknowledge and agree to the following:

1. You must have a valid, active M-Pesa-enabled phone number registered in your name to make contributions. If you choose an M-Pesa phone as the Disbursement Destination when creating a Contribution Group, that destination must also be valid and active.
2. Contributions are initiated via M-Pesa STK Push. You will receive a prompt on your phone to enter your M-Pesa PIN to authorise each transaction.
3. A platform service charge of KES 2 is added to every contribution and is borne by the contributor. For example, a KES 100 contribution results in a total M-Pesa charge of KES 102.
4. The minimum contribution amount is KES 1 and the maximum is KES 149,998 (to remain within M-Pesa transaction limits after the service charge).
5. Withdrawals are sent to the Disbursement Destination configured at Contribution Group creation. The applicable payout rail depends on the destination type offered in the product at that time.
6. You are responsible for ensuring the accuracy of the phone number used for contributions and of the Disbursement Destination used for withdrawals. The Company is not liable for contributions or withdrawals directed using incorrect details provided by you.
7. Applicable Safaricom/M-Pesa and payment-provider tariffs and transaction limits may apply in addition to the Company's service charge.

At the Company, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

These Terms of Use constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements. You agree that any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You may not assign this Terms of Use without the prior written consent of the Company. The Company may assign or transfer this Terms of Use, in whole or in part, without restriction. Notices to you may be made via email, SMS, or in-app notification. The Service may also provide notices to you of changes to these Terms of Use by displaying notices or links to notices on the Service.