Terms of Service & Acceptable Use Policy

1. About Ofeqmobility

Ofeqmobility (“we”, “us”, “our”) is a subscription-based Software-as-a-Service (SaaS) platform that provides car rental management tools to car rental businesses (“Subscribers”) operating in Kenya and other supported markets. We do not sell, rent, or broker vehicles to end customers. We provide business management software only.

By creating an account or using any part of the platform, you agree to these Terms of Service (“Terms”) and our Privacy Policy.

2. Eligibility

You must be at least 18 years old and legally authorised to operate a business in your jurisdiction to create a Subscriber account. By registering, you represent that all information you provide is accurate and that your business is lawfully constituted.

3. Subscriber Accounts & Onboarding

When a car rental business (Subscriber) creates an account on Ofeqmobility, we collect business identity information as part of our standard onboarding process (see Section 7 — KYC & Due Diligence). Each Subscriber is responsible for maintaining the confidentiality of their login credentials and for all activity that occurs under their account.

4. Platform Services

The Ofeqmobility platform provides Subscribers with tools including:

• Fleet management and vehicle availability tracking
• Booking creation, management, and customer invoicing
• Driver management and assignment
• M-Pesa and card payment collection via Paystack Subaccounts, directly into the Subscriber's own bank account
• Financial reporting and reconciliation
• Customer and corporate client management

Ofeqmobility is a technology platform only. We do not participate in, guarantee, or take responsibility for any rental transaction between a Subscriber and their customers.

5. Payment & Subscriptions

Access to the platform is billed on a recurring monthly or annual basis according to the plan selected at signup. Subscription fees are charged in Kenyan Shillings (KES) via Paystack. By providing payment details, you authorise us to charge your card or account on the applicable billing cycle.

Late or failed payments may result in temporary suspension of your account. Please see our Refund & Cancellation Policy for details on cancellations and refunds.

6. Paystack Subaccounts & Fund Flows

To enable Subscribers to accept card and bank transfer payments from their own customers, Ofeqmobility offers a Paystack Subaccount integration. Under this arrangement:

• Each Subscriber connects their own bank account via a Paystack Subaccount created on their behalf.
• Payments made by a Subscriber's customer flow directly into the Subscriber's designated bank account via Paystack settlement. Ofeqmobility does not hold, commingle, or disburse customer funds.
• A transparent processing fee (currently 1.5% of the transaction, capped at KES 2,000) is borne by the Subscriber's customer and disclosed to the customer at checkout.
• Subscribers remain fully responsible for all transactions processed through their subaccount, including tax obligations, refunds, and compliance with Paystack's own terms.

7. Subscriber KYC & Due Diligence

Ofeqmobility requires the following information from every Subscriber business before activating payment capabilities:

• Full legal business name
• Business registration number (if incorporated)
• Physical business address and county of operation
• Primary contact name, email address, and phone number
• Bank account details (for Paystack Subaccount setup)
• Nature of the car rental operation (fleet size, operating region)

We reserve the right to request additional documentation at any time, including copies of business registration certificates, KRA PIN, or government-issued ID of the business owner, to fulfil our obligations under applicable anti-money-laundering (AML) regulations and Paystack's requirements.

Subscriber accounts that cannot be verified or that present elevated risk may be suspended or terminated at our discretion.

8. Acceptable Use Policy

You agree that you will not use the Ofeqmobility platform to:

• Process payments for goods or services unrelated to lawful car rental operations
• Engage in money laundering, fraud, or any other illegal financial activity
• Misrepresent your business identity or the nature of transactions
• Upload or transmit malicious code, spam, or content that infringes third-party rights
• Attempt to reverse-engineer, copy, or resell any part of the platform
• Rent vehicles for purposes that violate Kenyan law or the laws of the country of operation
• Discriminate against customers on the basis of race, religion, gender, disability, or any other protected characteristic

Violation of this Acceptable Use Policy may result in immediate account suspension and reporting to relevant authorities where required by law.

9. Dispute Resolution Between Subscribers and Their Customers

Ofeqmobility provides Subscribers with tools to manage and document rental transactions, including booking records, signed agreements, and payment histories. However, any dispute between a Subscriber and their end customer is solely between those two parties.

Subscribers are responsible for maintaining their own dispute-handling procedures, refund policies for their customers, and compliance with consumer protection laws applicable to their rental business.

10. Intellectual Property

The Ofeqmobility platform, including all software, designs, and content, is owned by or licensed to us. Subscribers are granted a limited, non-exclusive, non-transferable licence to access and use the platform solely for their internal business operations during an active subscription.

11. Limitation of Liability

To the maximum extent permitted by law, Ofeqmobility shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the platform. Our aggregate liability for any claim is limited to the subscription fees you paid in the three months preceding the event giving rise to the claim.

12. Termination

Either party may terminate the Subscriber's account at any time. Upon termination, your access to the platform ceases. Data may be exported prior to termination; we retain data for 90 days after termination before permanent deletion, unless a longer period is required by law.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email to registered Subscribers at least 14 days before they take effect. Continued use of the platform after the effective date constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

15. Contact

For questions about these Terms, write to us at legal@ofeqmobility.com.