Last Updated: June 2026
Welcome to ChamaPay ("Platform"), operated by Nelimax Technologies. By accessing or using ChamaPay, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Platform.
1. Definitions
"Chama" means a self-help group, chama, or SACCO registered on the Platform. "Admin" means a member with administrative privileges for a Chama. "Member" means any individual registered under a Chama on the Platform. "Services" means all features including savings management, loan administration, contributions, attendance tracking, voting, document management, financial reporting, and M-Pesa payment processing.
2. Eligibility
You must be at least 18 years old and legally capable of entering binding contracts. Each Chama is responsible for verifying that its members meet eligibility requirements. By registering, you confirm you meet these requirements and have the authority to act on behalf of your Chama if you are an Admin.
3. Account Registration & Security
Access to ChamaPay requires an access code provided by your Chama administrator. You are responsible for maintaining the confidentiality of your access code and PIN. You must immediately notify ChamaPay of any unauthorized access. ChamaPay is not liable for losses caused by unauthorized use of your account. Each Chama Admin is responsible for managing member access, including registration, suspension, and removal.
4. Financial Services & M-Pesa Integration
ChamaPay facilitates group financial management including contributions, savings, loans, fines, share purchases, and withdrawals via M-Pesa (Safaricom Daraja API). ChamaPay acts as a technology platform and is not a bank, SACCO, or licensed financial institution. All funds flow directly between members' M-Pesa accounts and the Chama's designated paybill/till number. ChamaPay does not hold, manage, or have custody of any member funds. Transaction fees charged by Safaricom or payment gateways are separate from ChamaPay's services. ChamaPay is not responsible for M-Pesa service outages, transaction failures, or delays caused by Safaricom.
5. Contributions & Savings
Members agree to contribute amounts as determined by their Chama's rules. Contribution schedules, amounts, and penalties for late payment are set by the Chama Admin and enforced through the Platform. ChamaPay records and tracks contributions but does not guarantee collection. Withdrawals from savings are subject to the Chama's withdrawal policy configured by the Admin. The Platform maintains transparent ledgers of all transactions.
6. Loan Services
Loan applications, approvals, interest rates, repayment schedules, and penalties are managed by the Chama Admin through the Platform. ChamaPay provides the tools for loan administration but does not issue, guarantee, or underwrite any loans. Loan terms are between the borrower and the Chama. Default on loan repayment may result in fines, deduction from savings, or other consequences as configured by the Chama Admin. Guarantors assume liability for guaranteed loans as per the Chama's policies.
7. Fines & Penalties
Chama Admins may impose fines for missed contributions, late payments, unexcused absences, or other rule violations as defined in the Chama's constitution. The Platform records and tracks all fines. Members may pay fines via M-Pesa through the Platform. Unpaid fines may affect loan eligibility and savings withdrawal as configured by the Admin.
8. Voting & Governance
ChamaPay supports digital voting for group decisions. Votes cast through the Platform are final and binding within the Chama. Each member gets one vote per poll unless the Chama's rules specify otherwise. The Platform records votes transparently. Results are determined by the voting rules configured by the Admin (simple majority, two-thirds, etc.).
9. Documents & KYC
Members may upload identification documents, loan agreements, and other files through the Platform. Uploaded documents are stored securely and accessible only to authorized Chama members and administrators. Members are responsible for the accuracy and authenticity of uploaded documents. ChamaPay reserves the right to remove documents that violate these Terms.
10. Multi-Tenant Data Isolation
Each Chama operates in an isolated data environment. Chama A cannot access, view, or interact with Chama B's data. ChamaPay enforces strict tenant isolation at the database level. However, ChamaPay's technical staff may access data for maintenance and support purposes under strict security protocols.
11. Prohibited Conduct
You agree not to: (a) use the Platform for any unlawful purpose; (b) attempt to access other users' accounts or data; (c) introduce malware or harmful code; (d) reverse engineer or attempt to extract source code; (e) use automated tools to access the Platform; (f) manipulate financial records or contributions; (g) use the Platform to money-launder or finance illegal activities; (h) impersonate another member or Chama; (i) circumvent payment mechanisms or contribute false payment confirmations.
12. Fees & Pricing
ChamaPay may charge subscription fees for Chama administration. Fee structures are communicated during registration and may be updated with 30 days' notice. Transaction fees charged by M-Pesa/Safaricom are separate and not controlled by ChamaPay. Free tiers may be available. All fees are non-refundable unless required by applicable law.
13. Intellectual Property
All content, code, design, and branding on ChamaPay are the intellectual property of Nelimax Technologies. You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose. You may not copy, modify, distribute, or create derivative works from the Platform.
14. Data Ownership
Your Chama's financial data, member records, and documents belong to your Chama. ChamaPay acts as a data processor. Upon termination, you may request export of your Chama's data within 30 days. After 30 days, data may be permanently deleted per our retention policy. ChamaPay may retain anonymized, aggregated data for analytics.
15. Service Availability
ChamaPay strives for 99.9% uptime but does not guarantee uninterrupted service. Scheduled maintenance windows will be communicated in advance. ChamaPay is not liable for losses caused by service interruptions, including but not limited to missed contribution deadlines or failed loan applications during downtime.
16. Disclaimers
ChamaPay is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Platform will be error-free, secure, or available at all times. ChamaPay does not provide financial advice. All financial decisions are made by Chama members and administrators independently.
17. Limitation of Liability
To the maximum extent permitted by law, ChamaPay and Nelimax Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total liability shall not exceed the fees paid by your Chama in the 12 months preceding the claim. We are not liable for disputes between Chama members, financial losses from Chama decisions, or M-Pesa transaction failures.
18. Indemnification
You agree to indemnify and hold harmless ChamaPay, Nelimax Technologies, and their officers, directors, and employees from any claims, losses, or damages arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights. Chama Admins indemnify ChamaPay against claims arising from their management of Chama data and member interactions.
19. Termination
ChamaPay may suspend or terminate your access for violation of these Terms, non-payment, or fraudulent activity, with or without notice. You may terminate your account by contacting support. Upon termination, your right to use the Platform ceases immediately. Sections 13-19 survive termination.
20. Dispute Resolution
Any disputes arising from these Terms shall first 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. The governing law is the laws of the Republic of Kenya.
21. Changes to Terms
ChamaPay reserves the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use after changes constitutes acceptance. If you disagree with changes, you must stop using the Platform and close your account.
22. Contact Information
For questions about these Terms, contact us at:
Nelimax Technologies
Email: support@chamapay.co.ke
Website: chamapay.co.ke
