SAFARICOM DEVELOPER PORTAL TERMS OF SERVICE

Welcome to Safaricom Developer Portal!

Thank you for accessing and using our test bed environment to build and test your application(s) (the “Services”). The Services are provided by Safaricom Limited (“Safaricom”), located at Safaricom House, along Waiyaki Way, P.O. Box 66827, 00800-Nairobi, Kenya.

By creating a Developer Account to access and use our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including registration requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Our Services under the Developer Portal

Safaricom Developer Portal enables you to access and test, within the test environment APIs, API SDKs, M-PESA APIs, scripts, buttons, widgets, app keys, access tokens, and developer web pages and documentation collectively referred to as the test environment.

While you test your application(s), you may be allocated a test Paybill number to use within the test environment. You have no claim to the test Paybill number and Safaricom reserves the right to reclaim and reissue the test paybill numbers at our own discretion.

Using our Services

You must follow any policies made available to you within the Services. Safaricom only grants you a non-exclusive, non-transferable, non-sub-licensable, revocable license, to access and use the Developer Portal.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

You agree and acknowledge that Safaricom is the sole owner of the branding, logos or names (“Marks”) used in our Services. You also agree not to contest or aid in contesting Safaricom’s rights in, or the validity of, those Marks, including, but not limited to, by applying to register any Mark that is confusingly similar to those Safaricom Marks. "Marks" means all trademarks, service marks, logos or trade names used to identify Safaricom and its products and services.

Our Services display some content that is not Safaricom’s. This content is the sole responsibility of the person that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your Developer Account

You will need to create an Account in order to use some of our Services. Though you can view some content on the Developer Portal before creating a Developer Account, you are required to create your own Developer Account to fully access and use our Services.

By creating an account on Developer Portal, you warrant to Safaricom that you have the capacity to use the Developer Portal, and to enter into these Terms of Service.

You are responsible for the activity that happens on or through your Developer Account. Therefore, to protect your Developer Account, keep your password confidential.

You will be required to provide a valid email address while creating your Developer Account for purposes of verifying your account. You are responsible for ensuring that the email address associated with your Developer Account is accurate and secured with a strong password.

We are not responsible for personal data transmitted to a third party as a result of you providing an incorrect email address or deliberately or inadvertently providing, allowing a third party access to your registered email address and or Developer Account.

We shall reasonably endeavour to activate your Developer Account within a reasonable timeframe. Safaricom will not be liable for any costs or expenses, breach of expectations or any other liabilities that could arise as a consequence of any delay occasioned by the failure to activate the Developer Account within your expectations.

We reserve the right to delete inactive accounts on Developer Portal

Privacy

Safaricom’s privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Safaricom can use such data in accordance with our privacy policy.

Your Content in our Services

The Developer Portal will allow you to upload and test your application within the test environment; similarly you may submit, store, send or receive content within the community and or blog. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

Your content must not violate, or encourage or facilitate the violation of, our terms and conditions or third party intellectual property rights. Safaricom is not responsible for your content that violates third party Intellectual property rights.

Improvement of our Services

These Terms of Service do not grant you any rights in any of our services or software or the content accessed through them. While we appreciate it when developers send us feedback, please be aware that we may use, modify, incorporate into our products and services, license and sublicense, any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Safaricom may also stop providing Services to you, or add or create new limits to our Services at any time.

Safaricom may also discontinue your access and use of our services at any time or suspend your access to some content on the Developer Portal: (a) if you breach any provision of these Terms of Service; (b) if you delete your Developer Account; (c) if Safaricom is required to do so by law; (d) if Safaricom ceases to offer any services covered by these Terms of Service; (e) if you or your application become a threat to users or the Developer Portal.

Safaricom may also suspend provision of the Services in order to address any security threat.

UPON ANY TERMINATION OR SUSPENSION OF ACCESS, YOU MAY LOSE ACCESS TO ANY CONTENT, MATERIALS OR INFORMATION THAT YOU PROVIDED TO SAFARICOM RELATED TO YOUR APP OR THROUGH THE DEVELOPER PORTAL.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, SAFARICOM DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE SERVICES BEING FIT FOR ANY PARTICULAR PURPOSE, BEING MERCHANTABLE etcetera. THE SERVICES ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Indemnity

You will indemnify, defend and hold SAFARICOM LIMITED, our affiliates, agents, and licensors harmless from all costs and expenses (arising from any third party claim relating to: (a) your breach of these Terms of Service or any act or omission by you in connection with your use of the Developer Portal; (b) your application; or (c) your collection or use of User Data. You may not settle any claims that limit our rights without our prior written consent (which will not be unreasonably withheld)

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL, SAFARICOM ,ITS AFFILIATES, OR AGENTS BE LIABLE FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, OR (b) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF SAFARICOM DEVELOPER PORTAL KNEW OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SAFARICOM, ITS AFFILIATES, AND AGENTS FOR ALL CLAIMS RELATING TO OUR SERVICES WILL NOT BE MORE THAN THE GREATER OF KES 100 OR ANY AMOUNTS PAID BY YOU TO SAFARICOM FOR THE SERVICES IN QUESTION DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE DEVELOPER'S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Safaricom and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

THESE TERMS OF SERVICE WILL BE GOVERNED BY THE LAWS OF KENYA EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES LITIGATED EXCLUSIVELY IN KENYA EXCEPT YOU AGREE THAT SAFARICOM MAY APPLY FOR INJUNCTIVE RELIEF IN ANY JURISDICTION.

These Terms of Service, along with any licenses to the Developer Portal, our Privacy Policy, and our Developer Guidelines, constitute the entire and exclusive agreement between you and Safaricom with respect to the Developer Portal, and supersede and replace any prior or contemporaneous agreements, terms, and conditions applicable to the Developer Portal.

These Terms of Service create no third party beneficiary rights. Safaricom’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Terms of Service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of your rights in these Terms of Service, and any such attempt is void, but Safaricom, may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Safaricom and you are not legal partners or agents.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

If it turns out that a particular term is not enforceable, this will not affect any other terms.