Pongezi Terms of Service

DRAFT for legal review. Not yet in force.

Last updated: [date]

These terms apply to everyone who uses a Pongezi page: Hosts who create pages, and Guests who visit, leave wishes or contribute. Pongezi is operated by Mafichoni Limited, a company registered in Kenya ("we", "us").

1. What Pongezi is

Pongezi provides celebration pages where guests can leave wishes and send M-Pesa contributions to the Host. We are a technology and collection service. We are not a bank, a charity or a fundraising platform for causes.

2. Hosts

Hosts must accept the Host Agreement, which covers package fees, payouts, the 5% platform fee, page lifetime and the Host's responsibilities.

3. Guests: wishes

• Wishes are public on the Page unless the Page is in private-link mode.
• Don't post abusive, hateful, sexual, or unlawful content. No phone numbers or links: these are held for review.
• The Host and we may hide any wish.

4. Guests: contributions

• Contributions are gifts to the Host for the celebration shown on the Page. **We collect them on the

Host's behalf** and pay them out to the Host.

• You pay exactly the amount you enter. There is no extra charge to you; our fee is deducted from the Host's payout.
• Mistakes: if you sent the wrong amount, contact us at [support contact] as soon as possible. We can

reverse a contribution only before it has been paid out to the Host (payouts run daily). After that, please contact the Host.

• Your name, and a short message if you add one, may appear on the Wish Wall with a "Supporter" badge.

The amount is never shown publicly.

5. Acceptable use

You may not use Pongezi to:

• impersonate anyone;
• collect money under false pretences;
• launder money;
• raise funds for unlawful purposes;
• attack or overload the service.

We may suspend pages and withhold payouts while investigating suspected misuse, and report it to the authorities where the law requires.

6. Children

Pages about children must be hosted by a parent or legal guardian. Such pages are hidden from search engines by default.

7. Availability

We work to keep pages available, but M-Pesa, the internet and our providers can have outages. We aren't liable for losses caused by events beyond our reasonable control.

8. Changes

We may update these terms; the current version is always at [pongezi.co.ke/terms]. Material changes will not affect pages already live without the Host's agreement.

9. Law and disputes

Kenyan law applies. We'll try to resolve any complaint amicably first: contact [support contact]. Unresolved disputes go to the courts of Kenya.