Terms and Conditions

SENTI TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR USE

The provisions set out here relate to the services being offered to you and shall be the end-user agreement between you (“End-user” or “you”) and Senti Capital Limited (“Senti Capital Limited”) for Senti services. This Agreement (together with our Privacy Policy) sets out the complete terms and conditions (the “Terms and Conditions” or “Agreement”) which shall be applicable to the Account (as hereinafter defined) registered by you with Senti Capital Limited. These Terms and Conditions and any amendments or variations thereto take effect on their date of publication; when the option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions.

DEFINITION AND INTERPRETATION

For the purposes of this Agreement and the preamble above, unless the context requires otherwise:

Agreement means this Terms and Conditions;
Biller means any merchant, business or company that is available on Senti Capital Limited’s product to whom a user can remit payment
Business Day means a day other than a Saturday, Sunday or a gazetted national or public holiday
Credentials means your personal credentials used to access the App and operate your Account;
“Credit Reference Bureau” means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2008 to inter alia, collect and facilitate the sharing of customer credit information;
“Customer Account” means the account held and operated by the customer.
“Customer” means the person/ individual in whose name the SENTI Account with Senti Capital Limited is existing; Any reference to customer shall mean an individual.
“E-Money” means the electronic monetary value depicted in your Mobile Money Account representing an equal amount of cash;
“Equipment” includes your Mobile phone handset, SIM Card and/or other equipment which when used together enables you to access Mobile Network;
“IPRS” means the Integrated Population Registration System set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of Persons;
“Immediate payment” means voluntary instant repayment of loan advanced before the due date.
“Loan Auto recovery” means automated recovery of the loan advanced from the customer account on the due date.
“Mobile Money” means the money transfer and payments service operated by the Mobile Money Providers;
“Mobile Money Account” means your Mobile money store of value, being the record maintained by Mobile Money Providers, of the amount of E-Money from time to time held by you in the Mobile Money Provider’s System;
“Mobile Money Provider” means a Mobile Network Operator that has been duly authorized by the Central Bank of Kenya under applicable law to offer Mobile Money Services in Kenya;
“Mobile Money Service” means the money transfer and payments service provided by the Mobile Money Providers through the Mobile Money System;
“Mobile Money System” means the system operated by the Mobile Money Providers in Kenya for the provision of the Mobile Money Service;
Mobile Network Operator” means a Mobile network operator in Kenya registered with the. Communications Authority of Kenya;
“Network” means the Mobile cellular network operated by various Mobile networks;
Privacy Policy means Senti’s privacy policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us;
“Request” means a request or instruction received by Senti Capital Limited from you or purportedly from you through the Network and the System and upon which Senti Capital Limited is authorized to act;
“Senti App” means the money lending Mobile application developed, owned and provided by Senti Capital Limited.
SENTI LOAN” means the loan facility advanced by Senti Capital Limited.
“SENTI Menu” means the SENTI Menu on the SENTI System;
“System” means the electronic communications software enabling you to communicate with Senti Capital Limited for purposes of the provision of the Services. The System and the Services will for the purpose of this Agreement be accessed through a Mobile Network Operator’s System;
“Services” shall include any form of financial services or products that Senti Capital Limited may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;
“SIM Card” means the subscriber identity module which when used with the appropriate Mobile phone handset enables you to access the Network and to use the SENTI Application;
“SMS” means a short customized message service consisting of a text message transmitted from your Mobile phone to another;
“Transaction Fees” includes any fees and charges payable for the use of the Services as published by Senti Capital Limited and its affiliates. Transaction Fees are subject to change

1. ACCEPTANCE OF THE TERMS AND CONDITIONS
  1. The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship between Senti Capital Limited and the end-user.
  2. You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by Senti Capital Limited before downloading the Senti App (“the App”) or opening an account on Senti which will govern the use and operation of the App and the Account.
  3. After downloading the App, you will be deemed to accept the Terms and Conditions upon clicking the “Accept” option. Please note that you will not be able to access the Services if you decline the Terms and Conditions. If you do not agree to the Terms and Conditions, we will not license the use of the App to you.
  4. By downloading the App and opening an Account with Senti Capital Limited, you agree to comply with and be bound by the Terms and Conditions governing the operation of the Account and you affirm that the Terms and Conditions herein are without prejudice to any other right that Senti Capital Limited may have with respect to the Account in law or otherwise.
  5. From time to time updates to the App may be issued through the website. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms and conditions.
  6. By using the App or any of the Services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use these Services, you consent to us and our affiliates’ and licensees’ transmitting, collecting, retaining, maintaining, processing and using your data to improve our Services and/or your experience while using the App.
2. DESCRIPTION OF SERVICES OFFERED
  1. The product is a Mobile lending and payment platform through which users can access the Senti Capital Limited services collectively known as “Senti”
  2. To access the Service, you can either:
    1. Download the App from either the Play Store or the App store; and You will be required to register using your phone number on your Mobile device.
  3. Upon registration, you will be able to use the following services:
    1. Bill Payments
    2. Airtime Top-Up
    3. Loan Services
    4. Senti Reward – A referral model for customers.
    5. Senti account creation
  4. Services under this agreement may be varied by Senti Capital Limited from time to time without notice. At its discretion, Senti Capital Limited may offer additional Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.
  5. Senti Capital Limited does hereby reserve the right to cancel and cease offering any of its Services and/or products.
  6. Senti Capital Limited does hereby reserve the right to cancel and cease offering any of its Services and/or products.
  7. You, as the End-user and/or member, acknowledge, accept, and agree that Senti Capital Limited shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products.
  8. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect.
  9. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided on an “AS IS” basis and as such Senti Capital Limited shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
3. GRANT AND SCOPE OF LICENCE
  1. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on your Equipment, subject to these Terms and Conditions. We reserve all other rights, except as expressly set out in this Agreement or as permitted by any law, you agree:
    1. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
    2. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
    3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing.
    4. Not to create any software that is substantially similar to the App; and
    5. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (the Technology).

LICENCE RESTRICTIONS

1. You must:
  1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
  2. not infringe on our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this Agreement);
  3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

USE OF THE SERVICES

1. The Services offered by Senti Capital Limited can only be utilized by persons over the age of 18. Senti Capital Limited reserves the right to verify the authenticity and status of your Mobile Money Account with the relevant Mobile Money Provider.
2. Senti Capital Limited’s acceptance of your application for an Account will be displayed on the App. You hereby acknowledge and accept that the acceptance by Senti Capital Limited of your application for an Account does not create any contractual relationship between you and the Mobile Money Providers beyond the terms and conditions that apply to your Mobile Money Account from time to time.
3. Senti Capital Limited reserves the right to decline your application for a loan or to revoke the same at any stage at Senti Capital Limited’s sole and absolute discretion and without assigning any reason or giving any notice thereto.
4. Senti Capital Limited reserves the right (in its sole and absolute discretion) to issue, decline to issue a loan and/or vary the terms of any loan depending on its assessment of the credit profile of each individual borrower from time to time. The terms of the loan and the interest rate payable in relation to each loan application will be displayed on the App.

USER REGISTRATION
1. To become a “user” you will need to access the service by means described in this agreement.
2. The Services offered by Senti can only be utilized by persons over the age of 18. Senti reserves the right to verify the authenticity and status of your Mobile Money Account with the relevant Mobile Money Provider.
3. To register and become a “user” you must be in good standing and not previously barred from receiving Senti Capital Limited’s Services under the laws and statutes of the country of residence or other applicable jurisdiction.
4. When you register, Senti Capital Limited may collect information such as your name, e-mail address, birth date, gender, identification number (ID), mailing address, occupation, industry and personal interests (Personal Information). You can edit your account information at any time. Once you register with Senti, you are no longer anonymous to us, and are considered a Senti Capital Limited user. You hereby acknowledge that:

You as the user agree and authorise Senti Capital Limited to obtain and procure your Personal Information or Relevant information from your respective Mobile Money Provider, Affiliate Partner and Store of Value and you further agree and consent to the disclosure and provision of such Personal Information and further to indemnify and hold Senti Capital Limited and the respective Mobile Money Provider, Biller and Store of Value; harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information or Relevant Information.
you agree and authorize Senti Capital Limited to request for your personal information held by IPRS and licensed Credit Reference Bureaus pursuant to the agreement between you and Senti Capital Limited for the provision of the services.
Senti Capital Limited will verify information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) from your Equipment, from any SMS sent to you by the Mobile Money Provider, Biller and Store of Value and any financial services providers that Senti Capital Limited shall require for purposes of providing you the Services (the “Relevant Information”).
Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and;
Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If you knowingly provide any information of a false, untrue, inaccurate or incomplete nature, Senti Capital Limited shall be entitled (in its sole discretion) to suspend or terminate you as a member on grounds of violation of this Agreement, and as such refuse any and all current or future use of Senti Capital Limited Services, or any portion thereof. It is Senti Capital Limited’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children.

Any and all persons who download the app from the Play Store or visits the website, for purposes of the App, whether or not they are registered, shall be deemed as “users” of the Services contained herein for the purpose of this TOS.
Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “customer.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some Mobile applications, which applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Senti Capital Limited.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

1. When you set up an account, you are the sole authorized user of your account.
2. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account.
3. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS.
4. It shall be your responsibility to notify Senti Capital Limited immediately if you notice any unauthorized access or use of your account or password or any other breach of security

Senti Capital Limited shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

BORROWER’S RESPONSIBILITY

You shall

at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.
be responsible for ensuring the proper performance of your Equipment. Senti Capital Limited shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall Senti Capital Limited be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and Senti Capital Limited shall not be responsible for losses or delays caused by any such service provider.
follow all instructions, procedures and terms contained in this Agreement and any document provided by Senti Capital Limited concerning the use of the System and the Services.
take all reasonable precautions to detect any unauthorised use of the System and the Services. To that end, you shall ensure that all communications from Senti are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorised use of and access to the System will be detected.
You shall immediately inform Senti thorough the Senti Customer care in the event that:
1. You have reason to believe that your Credentials are or may be known to any person not authorised to know the same and/or have been compromised; and/or
2. You have reason to believe that unauthorised use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
at all times follow the security procedures notified to you by Senti from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Account’s confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorised to do so.
not at any time operate or use the Services in any manner that may be prejudicial to Senti.

You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorised person. Senti Capital Limited shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold Senti Capital Limited harmless from any losses resulting from any disclosure of your Credentials.

BORROWING
1. You hereby irrevocably authorise Senti Capital Limited to act on all Requests received by Senti Capital Limited from you (or purportedly from you) through the System and to hold you liable in respect thereof. Senti may nevertheless refuse to carry out any Requests in its sole and absolute discretion.
2. your loan application shall be appraised according to the applicable loan appraisal processes of Senti Capital Limited. Subject to its discretion, Senti Capital Limited reserves the right to reject any Request in relation to a loan application from you even if you have previously been issued with a loan by Senti.
3. Senti Capital Limited shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which Senti Capital Limited may act if Senti Capital Limited has in good faith acted in the belief that such instructions have been sent by you.
4. Senti Capital Limited may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further enquiry or further confirmation (whether written or otherwise) from you.
5. You agree to and shall release from and indemnify Senti Capital Limited against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to Senti having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it.
6. You acknowledge that to the full extent permitted by law Senti Capital Limited shall not be liable for any unauthorised drawing, transfer, remittance, disclosure, any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your Account PIN, password, ID or any means whether or not occasioned by your negligence.
7. Senti Capital Limited is authorised to effect such orders in respect of your Account as may be required by any court order or competent authority or agency under the applicable laws.

In the event of any conflict between any terms of any Request received by Senti from you and this Agreement, this Agreement shall prevail.

DEFAULT ON LOAN

1. An event of default (Event of Default) occurs when you:
  1. fail to pay any sum payable for a Loan granted under these Terms and Conditions beyond the loan repayment period as specified in the App unless failure to pay is caused solely by an administrative error or technical problem; or are declared bankrupt.
  2. At any time after an Event of Default has occurred and is continuing, Senti Capital Limited may, without prejudice to any other right or remedy granted to it under any law;

terminate this Agreement in accordance with the termination clause under this Agreement;
declare that the Loan (and all accrued interest and all other amounts outstanding under this Agreement is immediately due and payable, whereupon they shall become immediately due and payable; and
supply information concerning the Event of Default to its Debt collection agencies or Credit Reference Bureaus. A copy of any adverse information concerning you sent to a Credit Reference Bureau shall be made available to you upon written request.

You hereby expressly consent and authorize Senti Capital Limited to disclose, respond, advise exchange and communicate the details or information pertaining to your loan Account to Credit Reference Bureaus as required under the CBK Digital Lenders regulations or any other regulatory body.
We shall issue you with an advance notice of our intention to share any adverse information concerning you with a credit reference bureau.

INTEREST & FEES
1. You hereby agree to pay all INTEREST and Transaction Fees payable in connection with your use of the Services.
2. The interest payable by you to Senti in relation to any Loan shall be displayed by Senti Capital Limited on the Senti App. Senti Capital Limited shall be entitled to set and charge Transaction Fees, in connection with your use of the Services and from time to time amend or vary its Transaction Fees for the Services. If Senti Capital Limited decides to start charging Transaction Fees or where already applicable, vary or amend its Transaction Fees, the Transaction Fees payable on any new application for Services will be displayed on the App. Senti Capital Limited will use reasonable endeavors to try and notify you of any changes in relation to the Transaction Fees within a reasonable period before such changes are implemented including displaying notices of the changes on the App or Senti website.
3. All payments to be made by you under this Agreement shall be made in full without any set off or counter claim and save in so far as required by the law to the contrary, free and clear of and without any deduction or withholding whatsoever. If you are at any time required to make any deduction or withholding from any payment to Senti Capital Limited you shall immediately pay to Senti Capital Limited such additional amounts as will result in Senti Capital Limited receiving the full amount it would have received had no such deduction or withholding been required.
4. If you fail to make any payments due to Senti Capital Limited at the due date for payment, Senti will be authorized to apply late fees on such amount loaned to you at a rate to be communicated to you.

STATEMENTS
1. A statement and activity report in respect of your Account will be made available on Request. Requests shall be made via our e-mail address: support@senti.co.ke or via a contact link on the App.
2. The Loan Account Statement shall provide details of the last 5 (five) transactions (or such other number of transactions as determined by Senti Capital Limited) in your account initiated from your equipment.
3. Your statement will show all amounts added or taken from your Account. You must check your statement carefully and notify Senti Capital Limited as soon as possible via support@senti.co.ke if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions.
4. Senti Capital Limited reserves the right to rectify discrepancies, add and/or alter the entries in your statements, without prior notice to you. Senti Capital Limited will however inform you of any rectification, additions and or alterations effected on your statements within a reasonable time after the changes are effected.
5. You will be notified of all transactions on your Account by way of SMS and the charges for this service will be debited to your Account.
6. Save for a manifest error, a Senti Account Mini Statement issued to you in respect of your Senti Account shall be conclusive evidence of the transactions carried out on your Senti Account for the period covered in the Senti Account Mini Statement.

1. TAXES
  1. All payments to be made by you in connection with these Terms and Conditions are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay Senti an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.
  2. You hereby consent and agree that Senti may withhold amounts in your Account if any tax authority requires Senti to do so, or Senti is otherwise required by law or pursuant to agreements with any tax authority to do so, or if Senti needs to comply with internal policies or with any applicable order or sanction of a tax authority.

PERSONAL INFORMATION

1. 1. You hereby agree and authorize Senti Capital Limited to verify information provided by you to SENTI against the information held by the Mobile Money Providers in relation to your Mobile Money Account pursuant to the agreement between you and the relevant Mobile Money Provider for the provision of its products and services and the Mobile Money Service.
  2. The information that Senti Capital Limited may verify against the information held by the Mobile Money Providers includes (without limitation): your phone number, name, date of birth, Identification Number (“ID”) or Passport Number and such other information that will enable SENTI to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”).
  3. You hereby agree and authorize Senti Capital Limited to verify information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) from your Equipment, from any SMS sent to you by the Mobile Money Providers and any financial services providers relating to your use of the Mobile Money Service and such other information as SENTI shall require for purposes of providing you the Services (the “Relevant Information”).
  4. You hereby consent to Senti Capital Limited verifying the Personal Information and the Relevant Information with the Mobile Money Providers and using of the Personal Information and the Relevant Information to the extent necessary in the opinion of Senti Capital Limited.
  5. You hereby agree and authorize Senti Capital Limited to obtain and procure your Personal Information and Relevant Information from your respective Mobile Money Provider and you further agree and consent to the disclosure and provision of such Personal Information by the Mobile Money Provider and further to indemnify and hold Senti Capital Limited and the Mobile Money Provider harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
  6. You hereby agree and authorize Senti Capital Limited to obtain and procure your Personal Information from the Credit Reference Bureaus and you further agree and consent to the disclosure and provision of such Personal Information by the Credit Reference Bureaus.
  7. Senti Capital Limited reserves the right to request for further information from you pertaining to your application for an Account at any time. Failure to provide such information within the time required by Senti Capital Limited may result in Senti Capital Limited declining to accept your application for an Account.
  8. Senti Capital Limited reserves the right to supply consumer credit information to the Credit Reference Bureaus, and in this regard: you confirm that SENTI may transmit to the Credit Reference Bureaus data about the App, opening and termination of an Account by you;
  9. you acknowledge that information on non-compliance with the Terms and Conditions of this Agreement is transferred to the Credit Reference Bureaus; and
  10. the Credit Reference Bureaus provide a credit profile and possibly credit scores on your creditworthiness, subject to the credit record.
  11. You shall be notified if Senti Capital Limited is to share any adverse information with our debt collectors and credit reference bureaus.

PRIVACY POLICY

1. Every member’s registration data and various other personal information are strictly protected by the Senti Privacy Policy (see the full Privacy Policy at privacy policy).
2. As a member, you herein consent to the collection and use of the information provided, including the transfer of information outside Kenya, for storage, processing or use by Senti Capital Limited and/or our subsidiaries and affiliates.

EXCLUSION OF LIABILITY
1. Senti Capital Limited shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within Senti Capital Limited’s control including, without limitation, force majeure or error, interruption, delay or non-availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
2. We only supply the App for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. Senti Capital Limited will not be liable for any losses or damage suffered by you as a result of or in connection with: –
  1. any defect or fault in the App or any Service resulting from you having altered or modified the App;
  2. any defect or fault in the App resulting from you having used the App in breach of the terms of this Agreement;
  3. Unavailability of sufficient funds in your Mobile Money Account;
  4. Failure, malfunction, interruption or unavailability of the System, your Equipment, the Network a Mobile Money System;
  5. the money in your Account being subject to legal process or other encumbrance restricting payments or transfers thereof; your failure to give proper or complete instructions for payments or transfers relating to your Account.
  6. Your failure to give proper or complete instructions for payments or transfers relating to your SENTI Account.
  7. Any fraudulent or illegal use of the Services, the System and/or your Equipment; or
  8. Your failure to comply with these Terms and Conditions and any document or information provided by Senti Capital Limited concerning the use of the System and the Services.
4. If for any reason other than a reason mentioned in the clauses above, the Services are interfered with or unavailable, Senti Capital Limited’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
5. Save as provided in clause 17.4 Senti Capital Limited shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
6. Under no circumstances shall Senti Capital Limited be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to Senti Capital Limited.
7. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge that the intellectual property rights in the Senti App and the technology in the world (including any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that Senti Capital Limited provides to you through the System or otherwise are vested either in Senti Capital Limited or its licensors or in other persons from whom Senti Capital Limited has a right to use and to sub-license the System and/or the said documentation.
2. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of Senti Capital Limited.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Senti Capital Limited trademarks including the Senti logo, copyright, trade name, service marks, and other Senti Capital Limited logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the exclusive property of Senti Capital Limited.
You herein agree not to display and/or use in any manner the Senti logo or marks without obtaining Senti Capital Limited’s prior written consent.

INDEMNITY
1. In consideration of Senti Capital Limited complying with your instructions or Requests in relation to your Account, you undertake to indemnify Senti Capital Limited and hold it harmless against any loss, charge, damage, expense, fee or claim which Senti Capital Limited suffers or incurs or sustains thereby and you absolve Senti Capital Limited from all liability for loss or damage which you may sustain from Senti Capital Limited acting on your instructions or requests or in accordance with these Terms and Conditions.
2. The indemnity in clause 20.1 shall also cover the following:
  1. All demands, claims, actions, losses and damages of whatever nature which may be brought against Senti Capital Limited or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond Senti Capital Limited’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by Senti Capital Limited.
  2. Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
  3. Any unauthorized access to your SENTI Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.
  4. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third-party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by Senti Capital Limited as a consequence of any breach by these Terms and Conditions.
  5. Any damages and costs payable to Senti Capital Limited in respect of any claims against Senti Capital Limited for recompense for loss where the particular circumstance is within your control.

WARRANTY DISCLAIMERS

1. You herein expressly acknowledge and agree that:
  1. The use of Senti Capital Limited services and software are at your sole risk. Our services and software shall be provided on an “as is” and/or “as available” basis. Senti Capital Limited and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  2. Senti Capital Limited and our subsidiaries, officers, employees, agents, partners and licensors make no warranties that:

Senti Capital Limited services or software will meet your requirements;
Senti Capital Limited services or software shall be uninterrupted, timely, secure or error-free;
such results which may be obtained from the use of the Senti Capital Limited services or software will be accurate or reliable;
Quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and
any such errors contained in the software shall be corrected

Any information or material downloaded or otherwise obtained by way of Senti Capital Limited services or software shall be accessed at your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
No advice and/or information, whether written or oral, that may be obtained by you from Senti Capital Limited or by way of or from our services or software shall create any warranty not expressly stated in the TOS.
A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

TERMINATION
1. Senti Capital Limited may at any time, upon notice to you, terminate or vary its business relationship with you and close your Account and in particular but without prejudice to the generality of the foregoing Senti Capital Limited may cancel credit limit which it has granted and require the repayment of outstanding debts resulting therefrom within such time as Senti Capital Limited may determine.
2. Without prejudice to Senti Capital Limited’s rights under clause 22.1, Senti Capital Limited may at its sole discretion suspend, decline loan application or close your SENTI Account:
  1. If you use the Account for unauthorized purposes or where Senti Capital Limited detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
  2. If your Account or agreement with a mobile network provider is terminated for whatever reason;
  3. If Senti Capital Limited is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
  4. If Senti Capital Limited reasonably suspects or believes that you are in breach of these Terms and Conditions (including non-payment of any Loan amount due from you where applicable);
  5. Where such a suspension or variation is necessary as a consequence of:
    1. technical problems or for reasons of safety;
    2. To facilitate update or upgrade the contents or functionality of the Services from time to time;
    3. Where you remain inactive for any period of time determined by Senti Capital Limited its reasonable discretion; or
    4. If Senti Capital Limited decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion.
  6. If you have had a current or past listing with Credit Reference Bureau for a Non- performing account with any institution.
3. You may close your Account at any time upon payments of all outstanding amounts owed to Senti Capital Limited by sending a cancellation or termination request to support@senti.co.ke
4. If your Account has any credit balance at the time of its closure, we will return any such balance to you, less any applicable fees. If your SENTI loan is in arrears at the time of closure of your Account, you agree to pay to us immediately all amounts you owe us.
5. Termination shall however not affect any accrued rights and liabilities of either party.
6. If Senti Capital Limited receives notice of your demise, Senti Capital Limited will not be obliged to allow any operation or withdrawal from your SENTI Account by any person except upon production of Grants of Letters of Administration or Probate by your legal representatives duly appointed by the Court.
7. On termination or expiry of these Terms and Conditions for any reason, You shall:
  1. promptly (and in any event within three days), pay any principal, interest, Transaction Fees or tax owed to Us (which shall become immediately due and payable on termination); and
  2. immediately delete and fully remove the App from Your Mobile Device.
8. Termination shall however not affect any accrued rights and liabilities of either party.
9. The parties shall have no further obligations or rights under these Terms of Use after termination of the Terms and Conditions, without prejudice to any obligations or rights which have accrued to either party at the time they are terminated, save that the provisions of Clauses of these Terms and Conditions which expressly or by its nature is intended to survive, shall continue to have effect after the end of these Terms and Conditions.

DISCLOSURE OF INFORMATION
1. You hereby expressly consent and authorize Senti Capital Limited to disclose, receive, record or utilize your personal information or information or data relating to your SENTI Account and any details of your use of the Services:
  1. to and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;
  2. to and from Senti Capital Limited’s service providers, dealers, agents or any other company that maybe or become Senti Capital Limited’s subsidiary or holding company for reasonable commercial purposes relating to the Services;
  3. to a Credit Reference Bureau;
  4. to Senti Capital Limited’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
  5. to Mobile Network Operators in connection with the Mobile Money Service and the Services;
2. For reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and
3. In business practices including but not limited to quality control, training and ensuring effective systems operation.

NOTICES
1. Senti Capital Limited may furnish you with notices, including those with regards to any changes to the TOS, by various means, including but not limited to email, regular mail or SMS, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed.
2. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

1. DISPUTE RESOLUTION AND JURISDICTION
  1. You may contact the Customer care Centre to report any disputes, claims or SENTI Account discrepancies.
  2. Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995.
  3. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.
  4. Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

1. Due to the global nature of the internet, through the use of our Services and network you hereby agree to comply with all rules of the country relating to online conduct.
2. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of your country of residence and possibly other countries.
3. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations.
4. Furthermore, you state and pledge that you:
  1. are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  3. agree not to use our App services or website network Services for any military, nuclear, missile, chemical or biological weaponry that would be a violation of any applicable export and/or import laws; and
  4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of any applicable export and/or import laws.
MISCELLANEOUS
1. These Terms and Conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.
2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.
3. Senti Capital Limited may vary or amend at any time and without notice to you these Terms and Conditions and the Transaction Fees. Any such variations or amendments may be published in the daily newspapers, on Senti Capital Limited website and/or by any other means as determined by Senti Capital Limited and any such variations and amendments shall take effect immediately upon publication.
4. No failure or delay by either yourself or Senti Capital Limited in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
5. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
6. If any provision of these Terms and Conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.
7. Any addition or alteration to these Terms and Conditions may be made from time to time by Senti Capital Limited and of which notice has been given to you by way of publication as provided in subparagraph 15.3 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.