Terms of Service

1ACCEPTANCE OF TERMS

By accessing or using the KAPUSH platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2DESCRIPTION OF SERVICE

KAPUSH provides an earned wage access platform that enables employees to access a portion of their earned but unpaid salary before the regular payday. The Service facilitates instant M-Pesa disbursements and integrates with employer payroll systems for automated deductions.

3USER CATEGORIES AND OBLIGATIONS

3.1 Employer Users

• •Employers must maintain accurate employee data, including names, identification numbers, phone numbers, salary information, and bank account details.
• •Employers must ensure timely payroll deductions for salary advances disbursed through the platform.
• •Employers are responsible for verifying the employment status and eligibility of all registered employees.
• •Employers must comply with all applicable labor laws and regulations regarding wage access and payroll deductions.

3.2 Employee Users

• •Employees must provide accurate personal information, including valid identification and M-Pesa phone numbers.
• •Employees acknowledge that salary advances are subject to approval limits set by their employer.
• •Employees understand that advances will be automatically deducted from their next salary payment.
• •Employees must not share account credentials or allow unauthorized access to their account.

4DATA PROTECTION AND PRIVACY

4.1 Data Collection

We collect and process the following categories of personal data:

• •Personal identification information (full name, ID number, email, phone number)
• •Employment information (employer name, department, position, monthly salary)
• •Financial information (advance amounts, repayment records, M-Pesa transaction details)
• •Usage data (login times, device information, IP addresses, activity logs)

4.2 Data Security

We implement industry-standard security measures including encryption, secure authentication, access controls, and regular security audits. All data transmission occurs over encrypted HTTPS connections, and sensitive data is encrypted at rest using AES-256 encryption.

4.3 Data Retention

Personal data is retained for the duration of the employment relationship plus seven (7) years as required by Kenyan tax and labor regulations. Transaction records are maintained for audit purposes in accordance with applicable laws.

5FINANCIAL TERMS

5.1 Advance Limits

Salary advances are limited to a percentage of earned but unpaid wages, as determined by the employer. The maximum advance amount is calculated based on the employee's monthly salary and the employer's configured limit (typically 30-50%).

5.2 Fees and Charges

Employers are charged a monthly subscription fee based on the number of active employees. Employees may be subject to nominal M-Pesa transaction fees as determined by Safaricom. KAPUSH does not charge interest on salary advances.

5.3 Repayment

All salary advances are automatically deducted from the employee's next salary payment through the employer's payroll system. Employees are responsible for ensuring sufficient earnings to cover advance repayments.

6LIMITATION OF LIABILITY

7TERMINATION

KAPUSH reserves the right to suspend or terminate user accounts for violation of these Terms, suspicious activity, or at the request of an employer. Upon termination, all outstanding advances must be repaid immediately.

8GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the Republic of Kenya. Any disputes shall be resolved through arbitration in Nairobi, Kenya, under the Arbitration Act 1995, before resorting to court proceedings.

9CONTACT INFORMATION