Terms of Service

1. Introduction

Welcome to Tinker Payments (the "Platform"), operated by Tinker Digital Limited (Kenya) and Tinker Digital LLC (USA), collectively referred to as "Tinker Digital," "we," "us," or "our." Tinker Digital Limited is a Private Limited Company registered in Kenya, with a registered address at 663 Olenguruone Road, Nairobi, 00200, Kenya. Tinker Digital LLC is a Limited Liability Company registered in the United States, with a registered address at 30 N Gould St Ste N, Sheridan, WY 82801, USA.

By downloading, accessing, or using the Platform and its services (the "Services"), you acknowledge and agree to abide by these Terms of Use (the "Terms"). If you do not agree with these Terms, please refrain from using the Platform.

These Terms constitute a legally binding agreement between Tinker Digital ("we," "us," or "our") and you, the user ("you" or "your"). For further clarity on how we manage user data, please review our Privacy Policy, which is incorporated into these Terms by reference.

2. Definitions

• "Account": Your Tinker Payments user profile, including API applications and associated data.
• "API Application": An application registered on the Platform that enables programmatic access to payment services.
• "Payment Gateway": Third-party payment processors integrated with the Platform, including but not limited to M-Pesa, Paystack, Stripe, and Adyen.
• "Transaction": A payment processing request initiated through the Platform.
• "Transaction Fees": Fees charged by Tinker Payments for processing transactions, in addition to any payment gateway fees.
• "Payment Gateway Fees": Charges applied by third-party payment processors (PSPs).
• "Services": All Platform functions, including payment processing, transaction management, fraud detection, and API access.

3. Acceptance of Terms

By accessing or using the Tinker Payments Platform, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using the Platform.

4. Modifications to Terms

We may update or amend these Terms periodically. Any updates will take effect immediately upon posting within the Platform, and the "Last Updated" date will reflect the changes.

Your continued use of the Platform constitutes your acceptance of any revised Terms. It is your responsibility to periodically review these Terms for changes.

5. Description of Services

Tinker Payments is a payment middleware platform that provides:

• Unified Payment API: A single API interface to consolidate multiple payment gateways (M-Pesa, Paystack, Stripe, Adyen)
• Payment Processing: Facilitation of payment transactions through integrated payment gateways
• Transaction Management: Payment tracking, status queries, and transaction history
• Fraud Detection: Real-time risk assessment and fraud prevention services
• Webhook Management: Callback delivery and webhook handling for payment status updates
• Application Management: API key generation, credential management, and environment configuration

The Platform facilitates payment processing between you and your customers but does not directly participate in the underlying payment transactions. All payments are processed by third-party payment gateways in accordance with their respective terms and conditions.

6. User Account Creation and Obligations

To access the Services, you must create an account. By doing so, you agree to:

• Provide true, accurate, and current information during registration
• Maintain the confidentiality of your login credentials and API keys
• Immediately notify us of unauthorized access or suspected security breaches
• Keep your payment gateway credentials secure and up-to-date
• Comply with all applicable laws and regulations in your use of the Services

You are solely responsible for any activity occurring under your account, including any transactions conducted and any content posted or transmitted through the Platform.

7. Payments and Transactions

Payment Processing: The Platform facilitates payments through third-party payment processors (M-Pesa, Paystack, Stripe, Adyen). Tinker Payments does not process payments directly or store full financial information such as credit card numbers. You are subject to the terms of the respective payment provider during any transaction.

Fund Handling: All payment funds are processed directly by the payment gateway providers. Tinker Payments acts as a middleware layer and does not hold, store, or intermediate funds. Payment settlements are made directly between the payment gateway and your designated account as configured with the payment gateway provider.

Transaction Status: We provide real-time transaction status updates through our API and webhook callbacks. However, final payment confirmation and settlement are determined by the payment gateway provider.

Disputes and Refunds: Any disputes or refund requests must be handled directly with the payment gateway provider. Tinker Payments facilitates the technical integration but is not responsible for payment disputes, chargebacks, or refund processing.

8. Fees and Taxes

Transaction Fees: Tinker Digital may charge transaction fees or service fees for use of the Platform. These fees will be clearly disclosed in your account dashboard and billing statements.

Payment Gateway Fees: In addition to our fees, payment gateway providers (M-Pesa, Paystack, Stripe, Adyen) may charge their own transaction fees. These fees are separate from our service fees and are determined by the respective payment gateway providers.

Taxes: It is your responsibility to calculate, report, and remit any applicable taxes related to your transactions or income generated through the Platform. Tinker Payments is not responsible for collecting or remitting taxes on your behalf unless required by law.

9. Representations and Warranties

By using the Platform, you affirm and guarantee the following:

• You are at least 18 years of age or have obtained parental/guardian consent
• You have the legal authority to enter into this agreement and use the Services
• Your use of the Platform complies with all applicable local, national, and international laws and regulations
• You will not use the Platform for any illegal, fraudulent, or unauthorized purposes
• You will not post, share, or transmit harmful, fraudulent, or offensive content
• You take full responsibility for any transactions conducted through your account
• You have obtained all necessary licenses and permissions to accept payments in your jurisdiction

10. Intellectual Property

Platform Ownership: The Platform, including all software, designs, text, graphics, and other content, is owned by Tinker Digital and protected by intellectual property laws.

User Content: Users retain ownership rights over the content they upload, including transaction data and business information. However, by using the Platform, you grant Tinker Digital a non-exclusive, royalty-free, worldwide license to use, reproduce, and display your content within the Platform for operational and service delivery purposes.

You must not upload content that infringes on the intellectual property rights of others.

11. Limitation of Liability

The Platform and all services are provided "as is" without warranties of any kind, whether express or implied. Tinker Digital shall not be liable for:

• Direct, indirect, incidental, or consequential damages arising from your use of the Platform
• Any interruption, errors, or data losses resulting from system failures or unauthorized access
• Payment gateway failures, transaction delays, or payment processing errors
• Loss of profits, revenue, data, or business opportunities
• Fraudulent transactions or unauthorized access to your account

Payment Gateway Disclaimer: Tinker Payments acts as a facilitator and does not guarantee the success of transactions, nor is it liable for fraud, payment failures, or misrepresentation by payment gateway providers or users.

You acknowledge that any dealings with payment gateway providers are direct between you and the provider; Tinker Payments is not liable for such third-party services or their actions.

12. Indemnity

You agree to indemnify and hold harmless Tinker Digital, its employees, directors, and affiliates from any claims, damages, or expenses (including legal fees) arising from:

• Your use of the Platform
• Any breach of these Terms
• Violations of any third-party rights or applicable laws
• Fraudulent or unauthorized transactions conducted through your account
• Any disputes between you and your customers or payment gateway providers

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Kenya. Any disputes arising from these Terms will be resolved through arbitration in accordance with the rules of the Kenya Arbitration Act. If arbitration is not applicable, disputes will be handled by the competent courts of Kenya.

14. Changes to Services

Tinker Digital reserves the right to modify, suspend, or discontinue any features or services of the Platform without prior notice or liability to users. We will make reasonable efforts to notify users of significant changes via email or through the Platform.

15. Termination of Use

Tinker Digital may terminate or suspend your account without notice for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Extended periods of account inactivity

Upon termination, your access to the Platform will cease, and you must discontinue all use. You may request account deletion, subject to our data retention policies and legal obligations.

16. Severability

If any clause of these Terms is found to be unenforceable, the remainder of the Terms will continue to apply and will be adjusted to reflect the intended meaning.

17. Entire Agreement

These Terms, together with our Privacy Policy and any expressly incorporated documents, constitute the full agreement regarding your use of Tinker Payments. They supersede any prior agreements or understandings.

18. Contact Us

If you have any questions or concerns about these Terms, please contact us at: