Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the AlkaPay plugin, or by accessing our website, you agree to be bound by these Terms of Service. If you do not agree, do not use our products or services. AlkaPay is operated by Alkagist Technologies, a business registered in Kenya.

2. License & Usage

AlkaPay grants you a non-exclusive, non-transferable license to use the plugin in accordance with these terms and your chosen plan. The plugin is licensed, not sold. The free version is distributed under the GPL v2 or later. Pro features are provided under your active subscription or lifetime license.

3. Free & Pro Versions

The Free version provides manual M-Pesa payment collection and verification. The Pro version adds live STK Push, automatic order completion, analytics, and logging. Pro features require a valid license key and, for live STK Push, your own Safaricom Daraja API credentials. If a Pro license expires, the plugin continues to operate in Free mode.

4. Nature of the Service

AlkaPay is software that helps your WooCommerce store connect to Safaricom's M-Pesa service. AlkaPay is not a bank, payment service provider, money transmitter, or escrow agent, and it does not process, hold, or move funds. All money flows directly between your customer, Safaricom M-Pesa, and your own business account under your agreement with Safaricom. AlkaPay charges no transaction fees — the only amounts we charge are the license fees for the Pro plans you choose. We are not a party to, and are not responsible for, the underlying M-Pesa payments, chargebacks, reversals, or disputes between you and your customers or Safaricom.

5. Payments & Renewals

Paid licenses are billed through our licensing provider, Freemius. Annual licenses renew automatically unless cancelled before the renewal date; lifetime licenses are a one-time payment. Prices are billed in US dollars (USD) and may change with notice; any Kenyan Shilling (KES) figures shown on our website are approximate conversions provided for convenience only. You are responsible for any applicable taxes. Refunds are governed by our Refund Policy.

6. Your Responsibilities

Because the plugin runs on your own server and connects to your own M-Pesa account, you are responsible for:

• Obtaining and safeguarding your own Safaricom Daraja API credentials, and complying with Safaricom's terms and conditions;
• Maintaining a secure, HTTPS-enabled WordPress site and keeping the plugin, WordPress, and WooCommerce up to date;
• Acting as the data controller for your customers' information, and complying with data-protection law that applies to you, including Kenya's Data Protection Act 2019;
• Verifying that payments have actually been received before fulfilling orders, and reconciling your own M-Pesa statements;
• The accuracy of the Paybill/Till number and settings you configure, and any tax, refund, or consumer-law obligations to your customers.

7. Acceptable Use

You agree not to:

• Resell, redistribute, or sublicense the Pro version without authorization;
• Use the plugin for any unlawful purpose or in violation of Safaricom's or any third party's terms;
• Attempt to circumvent licensing, security, or feature restrictions;
• Reverse engineer the Pro components except as permitted by law.

8. Third-Party Services

AlkaPay integrates with third-party services including Safaricom Daraja (M-Pesa), WooCommerce, and Freemius. Your use of those services is subject to their own terms. We are not responsible for the availability, accuracy, or actions of third-party services, including M-Pesa downtime or API changes.

9. Intellectual Property & Non-Affiliation

The AlkaPay name, logo, website content, and Pro source code are the property of AlkaPay and protected by applicable laws.

AlkaPay is an independent, third-party product and is not affiliated with, endorsed by, or sponsored by Safaricom PLC, Automattic Inc. (WooCommerce), the WordPress Foundation, or Freemius, Inc. "M-Pesa", "Safaricom", and "Daraja" are trademarks of Safaricom PLC; "WooCommerce" is a trademark of Automattic Inc.; "WordPress" is a trademark of the WordPress Foundation; and "Freemius" is a trademark of Freemius, Inc. These names are used only to describe compatibility and functionality, and all trademarks remain the property of their respective owners.

10. Disclaimer of Warranties

The plugin and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the plugin will be uninterrupted, error-free, or that it will meet your specific requirements, nor that any given M-Pesa payment will be successfully processed or verified.

11. Limitation of Liability

To the maximum extent permitted by law, AlkaPay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or funds, arising from your use of the plugin or services, including any failed, delayed, unverified, or fraudulent M-Pesa payment. Our total liability for any claim shall not exceed the amount you paid for your license in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless AlkaPay and its operators from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the plugin, your store's transactions with your customers, your breach of these Terms, or your violation of any law or of any third party's rights, including Safaricom's terms.

13. Termination

We may suspend or terminate your license if you breach these terms. Upon termination, you must stop using the Pro version. Sections relating to intellectual property, disclaimers, limitation of liability, and indemnification survive termination.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya, without regard to its conflict-of-laws rules. You agree that the courts of Kenya shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or your use of AlkaPay, and you submit to the jurisdiction of those courts. Before starting formal proceedings, we encourage you to contact us so we can try to resolve the matter informally.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date above. Your continued use after changes take effect constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms? Contact us at support@alkapay.co.ke.