Effective date: 03 June 2021 · Last updated: 01 January 2026
These Terms of Service ("Terms") govern access to and use of the FOBO Control platform, including its web application, APIs, and USSD/SMS channels (collectively, the "Service"), operated by FOBO Technologies Ltd ("FOBO", "we", "us"). By creating an account or using the Service, the organization on whose behalf you act ("Customer", "you") agrees to be bound by these Terms.
These Terms apply specifically to the FOBO Control product. They do not govern the marketing website at fobotechnologies.co.ke , which has its own Terms of Service.
FOBO Control provides tools for initiating and managing M-Pesa collections (C2B), disbursements (B2C), business settlements (B2B), bulk SMS messaging, and USSD sessions, together with related APIs and webhooks. FOBO Control is a technology integration layer. FOBO is not a bank, a licensed payment service provider, or a member of the National Payment System operator designation under the National Payment System Act, 2011.
Payment execution occurs on Safaricom's M-Pesa/Daraja infrastructure, which is subject to Safaricom's own terms and to oversight by the Central Bank of Kenya. FOBO is not responsible for the availability, accuracy, or performance of Safaricom's or any other third-party payment network.
To use the Service, Customer must provide accurate business information and complete any identity verification (KYC) checks we or our payment partners require, consistent with applicable Kenyan anti-money laundering and counter-terrorism financing law, including the Proceeds of Crime and Anti-Money Laundering Act, 2009. Customer is responsible for maintaining the confidentiality of account credentials and API keys, and for all activity conducted under its account.
Fees for the Service are set out in the applicable order form, pricing page, or commercial agreement between Customer and FOBO. Unless stated otherwise, fees are exclusive of VAT and other applicable taxes, which Customer is responsible for. Transaction charges levied by Safaricom or other payment networks are separate from, and in addition to, FOBO's own fees.
Customer agrees not to use the Service to:
Customer is solely responsible for its own compliance obligations toward its end customers or members, including consumer protection, KYC, and data protection duties Customer owes to them directly.
We aim for high availability but do not guarantee uninterrupted access to the Service. The Service depends on third-party infrastructure - including Safaricom's M-Pesa network, mobile network operators, and cloud hosting providers - whose outages are outside our control. Any service-level commitments apply only where set out in a separate written SLA agreed with Customer.
We may suspend or terminate Customer's access to the Service, with or without notice, where we reasonably suspect fraudulent, unlawful, or abusive use, where required by a payment partner or regulator, or for non-payment of fees.
Customer may terminate at any time in accordance with the notice period in its commercial agreement. Sections of these Terms that by their nature should survive termination - including limitation of liability, indemnification, and governing law - remain in effect.
Handling of transaction and member data is governed by the FOBO Control Privacy Policy. Each party agrees to keep the other's confidential business information confidential and to use it only for purposes of the Service relationship.
The Service is provided "as is." To the maximum extent permitted by Kenyan law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that transactions will be processed error-free or that the Service will be free of interruption caused by third-party payment or telecommunications infrastructure.
To the maximum extent permitted by Kenyan law, FOBO's aggregate liability arising from or relating to the Service shall not exceed the fees paid by Customer to FOBO in the three months preceding the event giving rise to the claim.
Neither party is liable for indirect, incidental, or consequential damages. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under Kenyan law, including liability for fraud or for death or personal injury caused by negligence.
Customer agrees to indemnify FOBO against claims, losses, and expenses arising from Customer's breach of these Terms, misuse of the Service, or violation of applicable law in its own transactions or communications sent through the Service.
We may update these Terms from time to time, with material changes communicated to Customer in advance where reasonably practicable. Continued use of the Service after changes take effect constitutes acceptance.
These Terms are governed by the laws of the Republic of Kenya. Disputes shall first be addressed through good-faith negotiation between the parties' senior representatives. If unresolved within 30 days, either party may refer the dispute to arbitration in Nairobi under the Arbitration Act, 1995, or to the courts of Kenya.
Questions about these Terms may be directed to legal@fobotechnologies.co.ke .