Summary: BitnovaPay provides payment infrastructure for businesses in East Africa. You must be 18+, use the platform lawfully, complete KYC where required, and pay applicable fees. We may suspend accounts that violate these terms.
1. Acceptance of Terms
By registering for, accessing, or using BitnovaPay ("Platform", "we", "us", or "our"), you ("User", "Merchant", "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Platform.
These Terms constitute a legally binding agreement between you and Bitnova Technologies Ltd, a company incorporated in Kenya.
2. Definitions
- Platform — The BitnovaPay website, dashboard, API, plugins, and all related services.
- Direct Pay (Module A) — Non-custodial M-Pesa STK push that sends funds directly to your own registered paybill or till shortcode.
- Smart Gateway (Module B) — Custodial payment gateway handling M-Pesa, PayPal, and crypto payments through BitnovaPay's ledger.
- Wallet — Your BitnovaPay internal balance used for Smart Gateway settlements and Direct Pay service fees.
- API Key — A credential used to authenticate API requests on your behalf.
- Channel — A registered M-Pesa paybill or till shortcode linked to your account for Direct Pay.
- KYC — Know Your Customer verification process required for certain account features.
3. Eligibility
You must meet all of the following to use BitnovaPay:
- Be at least 18 years of age
- Have legal capacity to enter into binding contracts in your jurisdiction
- Be operating a legitimate business or have a lawful purpose for payment processing
- Not be on any sanctions list or prohibited from receiving financial services
- Have a valid M-Pesa registered phone number (for M-Pesa features)
Businesses must be duly incorporated or registered in their country of operation. We reserve the right to refuse service to anyone at our discretion.
4. Your Account
4.1 Registration
You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.
4.2 API Keys
API keys are personal and must not be shared publicly. You are liable for all API activity made with your keys. If you suspect a key has been compromised, revoke it immediately from your dashboard.
4.3 Business Accounts
Business accounts may add team members with defined roles. The account owner is responsible for all actions taken by team members. Removing a team member revokes their access immediately.
4.4 Account Accuracy
You must keep your contact information, bank details, and business information up to date. We are not liable for losses caused by incorrect account information you have provided.
5. Our Services
5.1 Direct Pay (Module A)
Direct Pay allows you to initiate M-Pesa STK push requests that route funds directly to your registered Safaricom paybill or till shortcode. BitnovaPay acts as a non-custodial intermediary — funds never pass through our accounts. You are responsible for ensuring your shortcode is valid and active.
5.2 Smart Gateway (Module B)
The Smart Gateway handles M-Pesa, PayPal, and crypto payments through BitnovaPay's custodial ledger. Funds are credited to your BitnovaPay wallet upon settlement. Disbursements to your external accounts are subject to processing times and minimum thresholds.
5.3 Payment Links
Payment links may be created for one-time or recurring collections. You are responsible for the accuracy of the amount, description, and recipient information on each link.
5.4 Disbursements
Bulk disbursements are available for payroll and commission payments. You warrant that all recipients have consented to receive payments and that funds are from lawful sources.
5.5 Plugins
WooCommerce and Shopify plugins are provided as-is. We do not guarantee compatibility with all themes, plugins, or third-party extensions. Plugin updates may introduce breaking changes — you are responsible for maintaining your integration.
5.6 Service Availability
We aim for 99.5% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible. We are not liable for downtime caused by third-party providers (Safaricom, PayPal, NOWPayments).
6. Fees & Billing
6.1 Direct Pay Fee
Direct Pay charges a flat 0.5% per successful transaction, deducted from your BitnovaPay wallet. Your wallet must have sufficient balance to cover the fee before an STK push is initiated.
6.2 Smart Gateway Fees
Smart Gateway charges a 1% platform fee plus the applicable third-party gateway fee for each payment method. Current rates are published on our Pricing page and may change with 30 days notice.
6.3 Subscription Plans
Paid plans are billed monthly. Fees are non-refundable except where required by law. Downgrading mid-cycle takes effect at the next billing date.
6.4 Failed Payments
Failed transactions are not charged a platform fee. Third-party gateway fees may still apply as per the respective provider's terms.
Chargebacks or disputes raised by your customers via PayPal may result in temporary holds on your wallet pending resolution.
7. Prohibited Use
You must not use BitnovaPay for any of the following:
- Illegal goods or services, including but not limited to narcotics, weapons, or counterfeit items
- Gambling or unlicensed lottery services
- Ponzi schemes, pyramid schemes, or fraudulent investments
- Money laundering or financing of terrorism
- Adult content or pornography
- Processing payments on behalf of undisclosed third parties
- Creating false payment links or impersonating other businesses
- Abusing the API including denial-of-service attempts or rate limit circumvention
- Reselling or white-labelling BitnovaPay services without a written partnership agreement
Violation of this section may result in immediate account suspension, fund holds, and reporting to relevant authorities.
8. KYC & Compliance
Certain features — including disbursements, high-volume processing, and Direct Pay channel registration — require KYC verification. You must submit accurate identity and business documents when requested.
We comply with Kenya's Anti-Money Laundering (AML) regulations and may report suspicious activity to the Financial Reporting Centre (FRC) or other relevant authorities without prior notice to you.
We reserve the right to freeze funds and suspend accounts pending investigation of suspected financial crime.
9. Limitation of Liability
To the maximum extent permitted by law, BitnovaPay shall not be liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, or business opportunity
- Losses arising from third-party payment processor failures (Safaricom/M-Pesa, PayPal, NOWPayments)
- Losses resulting from your failure to secure your API keys or account credentials
- Incorrect account details provided by you leading to misdirected payments
Our total liability to you in any 12-month period shall not exceed the fees you paid to us in that period.
Nothing in these Terms excludes liability for death, personal injury, or fraud caused by our gross negligence.
10. Termination
10.1 By You
You may close your account at any time by contacting support. Any outstanding wallet balance will be disbursed to your registered bank account after a 30-day review period, less any outstanding fees.
10.2 By Us
We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or if required by law. We will give reasonable notice where possible.
10.3 Effect of Termination
Upon termination, your access to the Platform ceases. Sections 6, 8, 9, and 11 survive termination.
11. Disputes & Governing Law
These Terms are governed by the laws of Kenya. Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Nairobi, Kenya under the Arbitration Act (Cap. 49).
You agree to resolve disputes individually and not as part of a class action.
12. Changes to These Terms
We may update these Terms at any time. Material changes will be communicated by email or in-app notification at least 14 days before taking effect. Continued use of the Platform after changes constitutes acceptance of the new Terms.