Effective Date: 1st March, 2025
1. Introduction
This Services Agreement (“Agreement”) outlines the terms and conditions governing your use of Sifalo Pay’s payment processing services (“Services”). By accessing or using our Services, you agree to comply with and be bound by this Agreement.
2. Definitions
- “Sifalo Pay,” “we,” “us,” or “our”: Refers to Sifalo Technolgoies, the provider of the Sifalo Pay Services.
- “User,” “you,” or “your”: Refers to the individual or entity using the Services.
- “Customer”: An individual or entity that purchases goods or services from you.
- “Payment Method”: Any method of payment accepted by Sifalo Pay, including credit cards, debit cards, mobile money and other payment options.
- “Payment Method Provider”: The provider of a Payment Method (e.g., Visa, Mastercard).
- “Payment Method Rules”: The guidelines, bylaws, rules, and regulations imposed by a Payment Method Provider that describe how a Payment Method may be accepted and used.
3. Our Services
Sifalo Pay enables you to accept various Payment Methods from your Customers. Our Services include payment processing, payout managment, invoicing, fraud detection, and other related services to facilitate transactions between you and your Customers.
4. Your Obligations
By using our Services, you agree to:
- Comply with all applicable laws and regulations.
- Strictly follow and maintain compliance with all Payment Method Rules, operational guidelines, security protocols, technical specifications, and any additional requirements or policies established and communicated by Sifalo Pay, including any updates or modifications to these guidelines that may be issued from time to time.
- Provide accurate, complete, and truthful information when registering for our Services, including but not limited to your legal name, business details, contact information, and banking information. You must promptly update this information whenever changes occur to ensure all records remain current and accurate throughout your use of the Services.
- Maintain strict compliance with all applicable laws, regulations, and legal requirements throughout your use of the Services, including but not limited to financial services regulations, consumer protection laws, data privacy requirements, and any other relevant legal frameworks that govern your business operations and transactions. You must regularly review and update your practices to ensure ongoing legal compliance as regulations evolve.
5. Payment Methods and Transactions
You authorize Sifalo Pay to process payments from your Customers using the Payment Methods you choose to accept. You acknowledge that:
- Sifalo Pay may add or remove Payment Methods at its discretion.
- Transactions may be subject to limits and restrictions imposed by Payment Method Providers or regulatory authorities.
- You are responsible for any disputes, chargebacks, or reversals related to transactions processed through our Services.
6. Fees and Payouts
Sifalo Pay will charge fees for the Services as outlined in our Pricing Page. Withdrawals to your designated bank account will follow the Withdrawal Schedules detailed in the Pricing Page. We reserve the right to adjust fees and payout schedules with prior notice to you.
7. Security and Data Protection
We are committed to protecting your information and that of your Customers. You agree to:
- Implement and maintain reasonable security measures to protect against unauthorized access to or use of your account and transaction data.
- Comply with all applicable data protection laws and regulations, including obtaining necessary consents from your Customers for the collection and use of their personal information.
8. Prohibited Businesses
To maintain the integrity and security of our Services, Sifalo Pay prohibits the use of its platform for certain types of businesses and activities. The following list outlines categories of businesses and practices that are not permitted:
- Illegal Products and Services: Any goods or services that are unlawful in the jurisdictions where your business operates or to which your business is targeted. This includes, but is not limited to, illegal drugs, substances designed to mimic illegal drugs, equipment intended for making or using drugs, fake references or ID-providing services, and telecommunications manipulation equipment.
- Adult Content and Services: This encompasses adult services such as prostitution, escorts, pay-per-view sexual content, sexual massages, fetish services, mail-order brides, and adult live-chat features. Additionally, the sale or distribution of pornography and other mature audience content depicting nudity or explicit sexual acts is prohibited.
- Debt Relief Services: Businesses involved in debt settlement, debt negotiation, or debt consolidation are not permitted.
- Certain Financial Products and Services: This includes, but is not limited to, ATMs, check cashing services, debt collection agencies, funded proprietary trading, money orders, traveler’s checks, payable-through accounts, peer-to-peer money transmission, selling bearer shares, and shell banks.
- Gambling Activities: All forms of gambling, including games of chance (e.g., internet gambling, casino games, sweepstakes, contests, and fantasy sports leagues with monetary or material prizes) and games of skill (e.g., video game tournaments, card games, and board games with monetary or material prizes) are prohibited.
- Government Services: Offering products and services by or on behalf of embassies and consulates, providing government services without authorization or value-add, or offering government services with misleading claims is not allowed.
- Identity Services: Services related to identity theft protection, including monitoring and recovery, are prohibited.
- Products Infringing on Intellectual Property Rights: The sale or distribution of music, movies, software, or any other licensed materials without appropriate authorization, counterfeit goods, illegally imported or exported products, and unauthorized sale of brand-name or designer products are not permitted.
- Certain Legal Services: This includes bankruptcy attorneys, bail bonds, and law firms collecting funds for purposes other than legal service fee payment.
- Lending and Credit Services: Loan repayments with credit cards, credit monitoring, credit repair, and counseling services are prohibited.
- Nutraceuticals and Pseudo-Pharmaceuticals: Products that are not safe or make harmful claims are prohibited.
- Non-Fiat Currency Activities: This includes cryptocurrency mining and staking, initial coin offerings (ICOs), and secondary NFT sales.
- Travel Services: Commercial airlines, cruises, charter and private airlines, and timeshare services are restricted.
- Unfair, Deceptive, or Abusive Acts or Practices: This includes pyramid schemes, multi-level marketing services offering commission or recruitment-based sales, “get rich quick” schemes, businesses making outrageous claims or using deceptive testimonials, and any other businesses that Sifalo Pay considers unfair, deceptive, or predatory towards consumers.
- Weapons, Firearms, Explosives, and Dangerous Materials: The sale of guns, gunpowder, ammunition, fireworks, weapon components, improperly marked replicas of modern firearms, pepper spray, stun guns, swords, katanas, machetes, disguised knives, pesticides requiring professional application, research chemicals, toxic, flammable, combustible, or radioactive materials is prohibited.
This list is not exhaustive and may be updated from time to time. Sifalo Pay reserves the right to terminate or suspend accounts that engage in activities it deems, in its sole discretion, to be illegal, offensive, or otherwise inappropriate.
9. Termination
You may terminate your use of the platform by contacting our support email if you no longer need our services. Your account will be terminated within 30 days. Sifalo Pay may also suspend or terminate your access to the Services immediately if:
- You breach any terms of this Agreement.
- Your use of the Services poses a security risk or could subject us to liability.
- We are required to do so by law or a Payment Method Provider.
Upon termination, you must cease all use of the Services, and any outstanding obligations will survive termination.
10. Limitation of Liability
To the maximum extent permitted by law, Sifalo Pay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Services.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the Services.
In no event shall Sifalo Pay’s total liability to you for all claims exceed the amount of fees paid by you to Sifalo Pay in the six months preceding the event giving rise to the liability.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Somaliland, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be resolved exclusively in the courts of the Republic of Somaliland.
12. Amendments
Sifalo Pay reserves the right to modify this Agreement at any time. We will provide notice of any material changes, and your continued use of the Services after such changes constitutes your acceptance of the new terms.
13. Miscellaneous
- Assignment: You may not assign or transfer any rights or obligations under this Agreement without Sifalo Pay’s prior written consent. Sifalo Pay may assign this Agreement without restriction.
- Entire Agreement: This Agreement constitutes the entire agreement between you and Sifalo Pay regarding the Services and supersedes all prior agreements or understandings.
- Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
By using Sifalo Pay’s Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
For any questions or concerns regarding this Agreement, please contact us:
Sifalo Technologies
Hargeisa, Omar Hashi Building 401
info@sifalo.com