May 2025
Terms of use of the Service
Who are we?
We are KAMOA APP Ltd (hereafter referred to as “Kamoa” “we” and “us”), a company incorporated and registered in Mauritius with company number 192016 and its registered office address C/O ROGERS CAPITAL, ROGERS HOUSE, GROUND FLOOR, JOHN KENNEDY ST, PORT LOUIS, 11328.. We are the data controller of your personal data for the purposes of the Data Protection Act of Kenya and the Regulations under it and any other data protection laws that apply to us. Our Data protection officer can be reached at privacy@kamoa.app.
Overview of the service
The Service provided by the Kamoa marketplace mobile app is that of a read-only service that enables you to consolidate and track your financial information. It also analyses your transaction information to help you save, budget and borrow more efficiently.
Based on such analysis, the Service may provide you with information relating to products or additional services provided by third party partners.
The Service is free to end users. We are a technology-as-a-service provider; therefore, our partners pay us a licensing fee for the use of the Service and underlying technology, which is how we generate the revenue we need to run our business. We may also earn a fee or commission from our partners based on your use of their services or products.
The Service is a tool to use in tracking and managing finances and credit and identifying opportunities related to your finances. We are not a bank nor a digital lender and are therefore not authorised to provide advice nor are we regulated by the Central Bank of Kenya. If you require financial advice, please consult with entities that are authorized by the Central Bank of Kenya.
Your account
You may access the Service by registering an account (“Account”). By creating an Account either directly or through a third party such as Facebook or Google, you represent and confirm that any registration information you submit is true, accurate, current and complete and that if there are any subsequent changes thereof, you will update your registration information accordingly.
As part of the registration process, you will be asked to provide personal data such as your name, email address, age, postal mailing address, mobile telephone number, gender and other demographic information (collectively, “Personal Data”), as well as asked to select a password and user name.
If any Personal Data or registration information you have provided is determined by us in our sole discretion, to be untrue, inaccurate, not current, incomplete, offensive, misleading or designed to deceive, or if we in our sole discretion, believe we have a basis to suspect that such is the case, we reserve the right to immediately suspend or terminate your Account, either with or without notice to you, and to refuse to grant any and all current or future access and use of the Service (or any portion thereof) and/or any benefit to which you may be entitled through your access and use of the Service.
We reserve the right to immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that we believe, in our sole discretion, is illegal or inappropriate including but not limited to sharing of offensive or illegal content, using the Service in any manner that may be harmful to other users, third parties or which may lead to the Service, being investigated by a lawful authority or any other circumstance which we consider appropriate to terminate or suspend your Account.
Please note that the use of your Account for any illegal, fraudulent or abusive purposes may be referred to your local law enforcement authorities without notice toyou.
By registering an Account and accessing the Service, you are indicating that you have read and agree to the Terms and to the conditions thereof, and you further acknowledge and agree that you understand how and under what circumstances the Personal Data you provide will be used. For more information please read our Privacy Policy to learn in detail how we handle your data.
You also agree to receive marketing promotions and other solicitations from us and/or other third parties based on the information you provided.
You are not obligated to opt-in to receive any third-party offers when you participate in the Service. However, if you choose to opt-in to receive any third-party offer(s), you understand and agree that such third parties may contact you using the registration information you provided to us.
Data Retention and Deletion
We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, including to comply with legal, regulatory, tax, accounting, or reporting obligations. Your data will be stored securely and may be retained for a reasonable period after termination of the account to enable dispute resolution, enforce our agreements, or for legitimate business interests. Upon your request, or when data is no longer required for the stated purposes, we will securely delete or anonymize personal data, unless further retention is required by law. You may contact us to request the deletion of their personal data, subject to any statutory obligations or lawful bases for continued processing.
What we ask you not to do
Notwithstanding anything to the contrary in these Terms, you are strictly prohibited from:
(i) using Kamoa, materials or the Service for any commercial purpose or the benefit of any third party or any manner not permitted by the Terms;
(ii) using Kamoa, materials or the Service to, or in any way that would, violate any applicable laws, regulations or ordinances;
(iii) removing any proprietary notices from Khasay, materials or the Service or any copies thereof;
(iv) causing, permitting or authorizing the modification, creation of derivative works;
(v) selling, assigning, renting, leasing, acting as a service bureau, or granting rights in Kamoa, materials or the Service, including, without limitation, through a sublicense, to any other entity without the prior written consent of Kamoa;
(vi) translating, reverse engineering, decompiling or disassembling any software of Kamoa;
(vii) accessing, creating or modifying source code related to Kamoa, materials or the Service in any way;
(viii) collecting any information or communication about the users of the Kamoa, materials or the Service by monitoring, interdicting or intercepting any process of or communication initiated by Khasay, materials or the Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
(ix) attempting to hack the Kamoa, materials or the Service or any communication initiated by the Kamoa, materials or the Service or to defeat or overcome any encryption and/or other technical protection methods implemented by TML or its licensors with respect to Kamoa, materials or the Service and/or data and/or content transmitted, processed or stored by Kamoa or other users of Kamoa, materials or the Service;
(x)taking any steps to interfere with or in any manner compromise any of Kamoa’s security measures; or
(xi) using Kamoa, materials or the Service to develop, generate, transmit or store information that:
(a) infringes any third party’s intellectual property or other proprietary right;
(b) is defamatory or harmful; or
(c) in any way obstructs or otherwise interferes with the normal performance of another person’s use of our software or Services, using any unlicensed or unauthorized copies of the materials and software.
You acknowledge that Kamoa may be required to disclose information to third parties asserting rights under written law or by an order of the court, and you expressly authorize Kamoa to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
Except where Kamoa specifically requests or solicits comments or submissions, Kamoa does not accept, solicit nor consider any creative ideas, suggestions, comments or materials (collectively, “Comments”) from the public.
If a Comment is received from you by Kamoa, you understand, acknowledge and agree that:
(i) it may be utilized by Kamoa free of any right, claim, title or ownership interest in the Comment(s),
(ii) you waive your right to assert any ownership right, claim, title and interest of any kind in the Comment(s) (including, but not limited to unfair competition, intellectual property, moral and/or similar rights or implied contract),
(iii) you hereby grant Kamoa a non-exclusive, perpetual, irrevocable, worldwide license to the Comment(s) in every media and for every purpose now known or hereinafter discovered, and
(iv) you waive the right to receive any financial or other consideration or remuneration in connection with such Comment(s), including, but not limited to, attribution or other credit.
(v)You completely release Kamoa (and its subsidiaries, providers, licensors, and affiliates and each of their officers, directors, agents, joint-ventures and employees) in all respects from any claims, demands, actions, losses and other perceived, actual, incidental, indirect, exemplary, special or consequential damages of every kind and nature (collectively, “Claims”), known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of, relating to or in any way connected with your Comments and unsolicited submissions, including, without limitation, all Claims for theft of ideas or intellectual property rights infringement by Kamoa.
Information, not advice
Contributions, articles, commentary, charts, data visualisations and other materials posted within the Service are provided for general information only. Content within the Service is not and should not be construed as or considered to be financial or other professional advice. You should not rely on the content within our Service as the basis for making financial decisions. For financial advice and/or if in doubt, you should seek professional advice from entities that are authorized and regulated by the Central Bank of Kenya to offer such financial advice. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials or content by any user of our Service or by anyone who may be informed of any of its contents.
If a third party is using either the Service or content made available by the Service to provide advice, then that advice is a separate service and is not part of the Service. We bear no responsibility for and are not liable for any advice or service provided by this third party.
Posting on the service
As part of the Service, we allow users to post content (for example on user forums and/or blogs). If you wish to post user-generated content, you agree to follow these rules:
● We have zero tolerance towards any objectionable or unlawful content and abusive users. We reserve the right, at any time and without prior notice, to take down, remove or disable access to content at our discretion for any reason including without limitation, if the content violates the Terms or if we find the content is objectionable, unlawful or otherwise harmful to the Services or our users, and block access to and/or terminate the Accounts of any user who posted objectionable or unlawful content.
● If you wish to complain about objectionable or unlawful content posted by other users, please either report directly on the platform. Upon receipt of your complaint, we’ll respond promptly and remove such objectionable or unlawful content and eject the user who posted such objectionable or unlawful content. We also have the right to remove any content you post on the Service if, in our opinion, your content is objectionable or unlawful content or does not comply with the Terms.
● You are responsible for all content you submit to us;
● In submitting content to us, you confirm that you have all necessary rights and hereby grant us perpetual, worldwide, non-exclusive, royalty free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with us and our business, including without limitation for promoting and redistributing part or all of the (and derivative works thereof) in any media formats and through any media channel(s);
● You may not copy or use personal data or business contact information about other users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited;
● You accept that we may edit your comments for clarity or remove any comment.
Third parties
By using our services, you authorize us to access and process certain financial data—including, but not limited to, account balances, transaction histories, income and expense patterns, and linked third-party account information—for the purpose of delivering core features such as financial analysis, personalized insights, and access to relevant financial products or services (including credit assessments and loan offerings). We may share this data with carefully selected third-party service providers who support these functions, under strict contractual obligations to maintain confidentiality and use the data solely for the intended purposes. These third parties may include payment processors, credit bureaus, data aggregators, and financial institutions. We do not permit any third party to use your information for marketing or unrelated activities without your explicit consent. A full list or categories of such third parties, along with further details, is available in our Privacy Policy.
Within the Service, you will find links that may let you leave the Service and access a third party website. These links are provided as a courtesy only, and the sites they link to are not under the control of Kamoa in any manner whatsoever. Therefore, Kamoa is in no way responsible for the content of any such linked site(s) or any link contained within a linked site, including any changes or updates to such site(s). You acknowledge that Kamoa is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, partnership, endorsement nor sponsorship by Kamoa of the site(s) and/or any of the content therein. Where Kamoa enters into a partnership or otherwise with the third party sites, we shall state so explicitly.
You understand that all third party content, including, without limitation all advertisers, marketers and other third party offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through Kamoa, materials and the Service (collectively, “Third-party Content”), whether publicly available or privately transmitted, is the sole and exclusive property of such third parties, each of whom assumes complete responsibility for the Third-party Content they have created.
Kamoa has and accepts no responsibility for and does not endorse nor control such Third party Content. This means that you, and not Kamoa, are entirely responsible for all Third party Content that you upload, download, post, email, transmit or otherwise make available via Kamoa or the Service. Kamoa does not guarantee the accuracy, integrity nor quality of such Third-party Content.
You understand and agree that by accessing and using Kamoa, materials and the Service, you may be exposed to Third party Content that may be offensive, indecent, infringing, hazardous, illegal or objectionable in your community. You agree to assume and accept all risks associated with the use of any Third-party Content, including any reliance on the accuracy or completeness of such Third-party Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Third party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-party Content.
You acknowledge that you may not rely on any Third-party Content submitted to Kamoa including, through the Service. Under no circumstances will Kamoa or its licensors be liable in any way for any Third-party Content, including, but not limited to, any errors or omissions in any Third-party Content or any loss or damage of any kind incurred as a result of the access and use of any Third party Content posted or transmitted via the Service.
By accessing and using the Service, you understand, acknowledge and agree that you may be subject to various risks, including, without limitation, the exposure of data you have downloaded or have offered to share, and that you assume and accept all such risks as solely your risks and responsibility.
In addition, all Third-party Content made available or accessed through the use of the Service is the property of the applicable Third-party Content owner and may be protected by applicable laws, including without limitation, those relating to intellectual property rights.
Connected accounts
In some areas of the Service, you can connect to your bank accounts and other accounts you hold with third party institutions (“Third Party Accounts”). This enables us to access and retrieve data from your bank and other accounts to populate areas of the Service with details from those Third Party Accounts.
By using the Service to connect to Third Party Accounts, you authorise us and data service providers (on an ongoing basis unless and until you deactivate the connection) to access the relevant third-party source, on your behalf and as your agent, or whenever necessary for us, to retrieve information requested by you or otherwise available from the Third Party Account. You agree that anybank or other institution providing the Third Party Account(s) shall be entitled to rely on the foregoing authorisation and that the Service may not be endorsed or sponsored by any Third-Party Account providers.We shall not be responsible for the accuracy of data received from the Third-Party Accounts or Third-Party Members and you must ensure that it is (and continues to be) accurate. If at any time you choose not to link to a Third-Party Account or Third-Party Members, you will stop receiving information from that Third Party Account or Third Party Member (for example up-to-date bank transaction details), which may affect elements of the Service (for example, financial budgeting). We shall not be held responsible for any inaccuracies caused by you no longer having access to data or by data not being up-to-date.
Indemnity
You agree to indemnify, hold harmless and defend Kamoa, providers and licensors of Kamoa, their successors, their affiliates, and each of their subsidiaries, officers, directors, employees, advertising and promotions agencies, representatives or agents (collectively, “Indemnified Parties”), at your sole expense, against any and all claims, actions, proceedings, investigations, and lawsuits and all liabilities, damages, judgments, settlements, penalties, fines, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your:
(i) violation or breach of any term of the Terms or any policy or guidelines referenced herein, including without limitation the Privacy Policy, or any applicable law;
(ii) use or misuse of Kamoa, materials or the Service; or
(iii)your infringement or the infringement by any other user through your Account of any intellectual property rights or other moral, privacy, publicity or similar rights of any person or entity.
Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of Kamoa used herein are trademarks or registered trademarks of Kamoa or providers and licensors of Kamoa. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You may not copy, display or use any of these marks without prior written permission of the bona fide originating mark owner.
Governing Law & Jurisdiction
These Terms are governed and construed in accordance with the Laws of Kenya or any other applicable laws that apply to us and you agree to the exclusive jurisdiction of the Kenyan courts or other courts of competent jurisdiction for all disputes arising out of or in connection with these Terms of Use
Miscellaneous
Kamoa reserves all rights not expressly granted herein. Kamoa may modify the Terms at any time for any reason, in its sole discretion, by posting the revised Terms on the Service. You may not assign any rights granted to you hereunder.
Nothing in the Terms shall constitute a partnership or joint venture between you and
Kamoa. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, such invalidity, voidance or unenforceability shall not affect other provisions or terms and the remainder of the Terms shall nonetheless remain in full force and effect.
The failure of Kamoa at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
To the extent that anything in or associated with Kamoa, materials or the Service is in conflict or inconsistent with the Terms, the Terms shall take precedence.
If any terms contained herein conflict with the terms contained in any offer or elsewhere within the Service, these terms and conditions shall take priority and precedence.
These Terms are written and available only in English and all correspondence with you and any user shall be in English. In the event that these Terms are translated, the version in English shall take priority.
The Terms and all documents relating hereto have been drafted in English and will be interpreted in accordance with the Laws of Kenya. The rights and remedies granted to Kamoa under the Terms are cumulative and in addition to, not in lieu of, any other rights and remedies which Kamoa may possess at law or in equity.
The terms set forth in the Terms and any agreements included or referred to in the Terms constitute the final, complete and exclusive agreement with respect to Kamoa, materials or the Service and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the materials are intended third-party beneficiaries of the Terms and shall have the right to enforce it against you
Termination
You may stop your use of our Service at any time by removing the Kamoa mobile app from your mobile device. Doing so will not automatically delete your user information as described in our Privacy Policy. Please refer to the Privacy Policy to understand how we will continue to hold certain information.
Upon termination, cancellation, suspension or expiration of the Terms for any reason, you agree to cease all access and use of the site, software and Services.
If you have any questions or concerns about the Terms or any issues raised in the Terms or on this site, please contact us via the mobile app or our website.