Terms of Service
Effective Date: 2025-10-06
Welcome to Ognimohub! These Terms of Service ("Terms") govern your access to and use of the Ognimohub website, mobile applications, and all related services (collectively, the "Service"). The Service is provided by Ognimohub, a mobile finance service provider that integrates with various fintech and Payment Service Provider (PSP) APIs to offer a comprehensive suite of financial services.
By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines referenced herein. If you do not agree to these Terms, you may not access or use the Service.
1. Acceptance of Terms
1.1. Agreement to Terms
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Ognimohub ("Ognimohub," "we," "us," or "our"). By registering for an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
1.2. Eligibility
To use the Service, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By using the Service, you represent and warrant that you meet these eligibility requirements. We reserve the right to refuse service to anyone for any reason at any time.
1.3. Changes to Terms
We may modify these Terms at any time, in our sole discretion. If we make material changes, we will notify you by posting the updated Terms on our website or through other communication channels. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.
2. Description of Service
Ognimohub provides a mobile finance platform that facilitates various financial transactions and services by integrating with third-party fintech and PSP APIs. Our services include, but are not limited to:
- For Users: Add Money, Send Money, Virtual Card issuance, Fee Payments, Donations, Bank Transfers, Microfinance access, Gateway Swaps, Referral Earnings, Utility Bills, Mobile Recharge and Airtime Recharge.
- For Agents: Cash-in and Cash-out services for users, Trading and Investments, Personal Withdrawals.
- For Merchants: Online Payment Collection.
We work alongside the policies of the partners whose APIs we integrate.
3. User Accounts and Registration
3.1. Account Creation
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. Account Security
You are solely responsible for maintaining the confidentiality of your account login credentials (username, password, PIN, etc.) and for all activities that occur under your account. You agree to notify Ognimohub immediately of any unauthorized use of your account or any other breach of security. Ognimohub will not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.3. Identity Verification (KYC/AML)
As a financial service provider, Ognimohub is required to comply with Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations. You agree to provide us with any information we request for identity verification and due diligence purposes, including but not limited to your name, address, date of birth, government-issued identification, and other relevant documents. Failure to provide such information may result in the suspension or termination of your account. We reserve the right to verify your identity through third-party services as permitted by law.
3.4. Account Types
Ognimohub may offer different types of accounts (e.g., individual, merchant (business), agent). The features and limitations of each account type will be detailed on our website or within the application.
4. Use of the Service
4.1. Permitted Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not use the Service for any illegal or unauthorized purpose, including but not limited to money laundering, fraud, terrorist financing, or any activity that violates applicable laws or regulations.
4.2. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable local, state, national, or international law or regulation.
- Infringing upon the rights of others, including intellectual property rights.
- Harassing, abusing, or harming another person or entity.
- Attempting to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service.
- Interfering with or disrupting the integrity or performance of the Service or data contained therein.
- Introducing viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
- Using any robot, spider, or other automated device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Engaging in any activity that could damage, disable, overburden, or impair any Ognimohub server or the networks connected to any Ognimohub server.
- Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Service or any part thereof.
- Using the Service to transmit unsolicited advertising or promotional materials ("spam").
4.3. Third-Party Services and APIs
Ognimohub integrates with various third-party fintech and PSP APIs to provide its services. Your use of certain features may be subject to the terms and conditions of these third-party providers. You acknowledge and agree that Ognimohub is not responsible for the availability, accuracy, or content of such third-party services, nor for any loss or damage that may arise from your use of them. We encourage you to review the terms and conditions and privacy policies of any third-party services you interact with through Ognimohub.
4.4. Transaction Limits
Ognimohub, or its integrated partners, may impose limits on the amount or frequency of transactions you can conduct through the Service. These limits may vary based on your account verification level, transaction history, and other factors, and are subject to change at our sole discretion or as required by our partners or regulatory bodies.
5. Fees and Charges
5.1. Commissions and Transaction Charges
Ognimohub earns revenue through commissions and small transaction charges applied to certain services. These fees will be clearly disclosed to you before you confirm a transaction. By proceeding with a transaction, you agree to pay the applicable fees.
5.2. Third-Party Fees
You acknowledge that third-party service providers (e.g., banks, card networks, mobile operators, other PSPs) may impose their own fees for transactions initiated through Ognimohub. These fees are separate from Ognimohub's charges and are your sole responsibility.
5.3. Fee Changes
Ognimohub reserves the right to modify its fee structure at any time. We will notify you of any changes to our fees by posting them on our website or through other communication channels. Your continued use of the Service after such notification constitutes your acceptance of the revised fees.
5.4. Taxes
You are solely responsible for paying any and all taxes, levies, or duties associated with your use of the Service, as required by applicable law.
6. Payment Processing and Gateway Swaps
6.1. Payment Processing
When you initiate a transaction through Ognimohub, we facilitate the routing of funds to the intended fintech, PSP partner or service provider. We do not hold your funds directly but act as an intermediary. All payment processing is subject to the terms and conditions of the respective third-party payment processors.
6.2. Gateway Swaps
Ognimohub offers a "gateway swap" feature, allowing users to route payments through different integrated payment gateways (e.g., PayPal, Adyen, Stripe, Paytm, etc). While we facilitate this choice, the actual processing and associated risks remain with the selected gateway. You are responsible for understanding and agreeing to the terms of service of the chosen gateway.
6.3. Transaction Disputes
In the event of a transaction dispute, you agree to cooperate with Ognimohub and the relevant third-party payment processor to resolve the issue. Ognimohub will assist in providing transaction details but is not responsible for resolving disputes directly between you and the third-party payment processor or recipient.
7. Virtual Cards
7.1. Issuance and Use
Ognimohub may offer virtual card services through integrated partners. The issuance and use of virtual cards are subject to the terms and conditions of the issuing financial institution and card network. You agree to use virtual cards only for lawful purposes and in accordance with these Terms and the terms of the issuing partner.
7.2. Card Security
You are responsible for protecting your virtual card details from unauthorized use. Ognimohub is not liable for any unauthorized transactions resulting from your failure to secure your virtual card information.
8. Microfinance Services
8.1. Microfinance
Access to microfinance services through Ognimohub is facilitated via partnerships with microfinance institutions. Your eligibility for and the terms of any microfinance product will be determined by the partner institution. Ognimohub acts solely as a platform to connect users with these services and does not provide microfinance directly.
8.2. Trading and Investments
Ognimohub may provide access to trading and investment opportunities through integrated third-party platforms. You acknowledge that trading and investments involve significant risk, including the potential loss of principal. Ognimohub does not provide financial advice, and any information provided on the platform related to trading or investments is for informational purposes only and should not be construed as financial advice. You are solely responsible for your investment decisions and should seek independent financial advice if needed.
9. Intellectual Property
9.1. Ognimohub Content
All content on the Service, including text, graphics, logos, images, software, and the compilation thereof, is the property of Ognimohub or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as generally permitted by the Service's functionality.
9.2. User Content
You retain ownership of any content you submit, post, or display on or through the Service ("User Content"). By submitting User Content, you grant Ognimohub a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and Ognimohub's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
9.3. Trademarks
The Ognimohub name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ognimohub or its affiliates or licensors. You must not use such marks without the prior written permission of Ognimohub.
10. Privacy and Data Protection
10.1. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy explains how we collect, use, store, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.
10.2. Data Security
Ognimohub implements robust security measures, including encryption and multi-factor authentication, to protect your data. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
10.3. Data Sharing
You acknowledge and agree that Ognimohub may share your data with its integrated fintech and PSP partners, as well as with regulatory authorities, to facilitate transactions, comply with legal obligations (e.g., KYC/AML), and provide the Service. Such sharing will be conducted in accordance with our Privacy Policy and applicable data protection laws.
11. Disclaimers and Limitation of Liability
11.1. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OGNIMOHUB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. OGNIMOHUB DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
11.2. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OGNIMOHUB, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
11.3. Third-Party Services
Ognimohub is not responsible for the products, services, or actions of any third-party fintech or PSP partners. Your interactions with such third parties are solely between you and the third party.
12. Indemnification
You agree to defend, indemnify, and hold harmless Ognimohub, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
13. Termination
13.1. Termination by Ognimohub
We may terminate or suspend your account and access to all or part of the Service at our sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms, engage in fraudulent or illegal activities, or if required by our partners or regulatory authorities.
13.2. Termination by You
You may terminate your account at any time by contacting our customer support. Upon termination, your right to use the Service will immediately cease.
13.3. Effect of Termination
Upon termination, all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Any outstanding obligations or fees will remain due.
14. Governing Law and Dispute Resolution
14.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles.
14.2. Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the rules of Kenya International Arbitration Centre (KIAC). The seat of arbitration shall be Nairobi. The language of the arbitration shall be English.
14.3. Class Action Waiver
You agree that any disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action.
15. Miscellaneous
15.1. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Ognimohub on the Service, constitute the entire agreement between you and Ognimohub concerning the Service.
15.2. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
15.3. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ognimohub's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4. Assignment
You may not assign or transfer your rights or obligations under these Terms without Ognimohub's prior written consent. Ognimohub may assign its rights and obligations under these Terms without restriction.
15.5. Force Majeure
Ognimohub shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, network downtimes, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
15.6. Contact Information
If you have any questions about these Terms, please contact us at privacy@ognimohub.com