Terms of Service — FX Nairobi

1. About the Service

FX Nairobi is a forex bureau management SaaS platform operated by SomICT. The platform provides tools for managing currency exchange transactions, customer wallets, exchange rates, KYC compliance, staff access, and financial reporting for licensed forex bureaus.

By accessing or using FX Nairobi, you agree to be bound by these Terms of Service. If you do not agree, do not use the platform.

2. Eligibility

To use FX Nairobi, you must:

Be a licensed forex bureau operator in Kenya, holding a valid licence issued by the Central Bank of Kenya (CBK) or operating under a licensed entity.
Have the legal authority to enter into a binding agreement on behalf of your organisation.
Be at least 18 years of age.

FX Nairobi is not available to individuals operating outside the licensed forex bureau sector. We reserve the right to verify your eligibility at any time and suspend accounts that do not meet these requirements.

3. Subscription and Free Trial

3.1 Free Trial

New organisations receive a 14-day free trial upon sign-up. No credit card is required to start the trial. Full platform features are available during the trial period.

3.2 Paid Subscription

After the trial, continued access requires a paid subscription at KES 2,700 per month per branch. The first branch is included in the base subscription. Additional branches are billed at the same rate per branch per month.

3.3 Pricing Changes

We reserve the right to change pricing with at least 30 days' notice. Continued use after the notice period constitutes acceptance of the new pricing.

4. Payment and Suspension

Subscriptions are billed monthly in advance.

Payment failure: If payment cannot be collected on the due date, your account enters a grace period during which read-only access is maintained.
Grace period: The grace period lasts up to 7 days. Write operations (creating transactions, editing rates, etc.) are disabled during this period.
Suspension: If payment is not received by the end of the grace period, your account is suspended. All access is restricted until payment is made.
Reactivation: To reactivate a suspended account, contact us at support@fxnairobi.com.

5. Acceptable Use

You agree to use FX Nairobi only for lawful purposes. You must not:

Use the platform to facilitate money laundering, terrorist financing, or any activity that violates CBK regulations or Kenyan law.
Enter false or fabricated KYC or transaction data.
Attempt to gain unauthorised access to other accounts or the underlying infrastructure.
Use the platform to process transactions on behalf of unlicensed entities.
Reverse-engineer, copy, or resell the platform or its components.

Violations may result in immediate suspension and reporting to relevant authorities.

6. Data Accuracy

The operator is solely responsible for the accuracy of all data entered into the platform, including but not limited to:

Customer KYC information and identity documents.
Transaction amounts, rates, and currency details.
Staff records and access permissions.

FX Nairobi provides tools to assist with CBK compliance but does not guarantee that use of the platform constitutes full regulatory compliance. The operator remains responsible for ensuring all operations meet CBK requirements.

7. Intellectual Property

All software, designs, trademarks, and content comprising FX Nairobi are owned by SomICT. Your subscription grants you a limited, non-exclusive, non-transferable licence to use the platform for your bureau operations. No other rights are granted.

8. Limitation of Liability

FX Nairobi and SomICT shall not be liable for:

Any trading losses, exchange rate movements, or financial decisions made using data from the platform.
Regulatory fines or penalties arising from non-compliance with CBK or other regulatory requirements.
Loss of business, revenue, or profits arising from platform downtime or service interruptions.
Any indirect, incidental, consequential, or punitive damages.

Our total liability to you in any month shall not exceed the subscription fees paid by you in that month.

9. Termination

Either party may terminate the subscription with 30 days' written notice.

Termination by you: Contact us at support@fxnairobi.com. Your account will remain active until the end of the current billing period.
Termination by us: We may terminate your account with 30 days' notice for any reason, or immediately for material breach of these Terms (including misuse or non-payment beyond the grace period).

Upon termination, you may request an export of your transaction data within 30 days. After this period, data will be retained only as required by law.

10. Governing Law

These Terms are governed by the Laws of Kenya. Any disputes arising from or related to these Terms shall be resolved exclusively in the courts of Nairobi, Kenya.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by displaying a notice in the platform with at least 14 days' advance notice. Continued use of FX Nairobi after the effective date of changes constitutes acceptance of the updated Terms.

12. Contact

For any questions about these Terms, contact us at: support@fxnairobi.com