Terms of Service

1. Acceptance of Terms

By accessing or using the CarbonPesa platform, mobile application, or any associated services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions, you must not access or use our services. These terms constitute a legally binding agreement between you and Swap Fintech Limited (trading as CarbonPesa).

2. Description of Service

CarbonPesa provides an automated carbon offsetting platform integrated with mobile payment systems. Our service calculates the carbon footprint of everyday transactions and facilitates micro-contributions to verified carbon offset projects across East Africa. The platform operates through partnerships with M-Pesa and other mobile money providers.

3. User Accounts

You may be required to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify CarbonPesa immediately of any unauthorized use of your account or any other breach of security.

4. Carbon Offset Transactions

All carbon offset contributions processed through CarbonPesa are directed to independently verified projects certified by Gold Standard or Verra VCS. While we strive for accuracy in our carbon footprint calculations, estimates are based on industry-standard methodologies and may vary. Carbon credits are retired on your behalf and cannot be refunded once allocated to a project.

5. M-Pesa Payment Terms

Payments processed through M-Pesa are subject to Safaricom M-Pesa terms and conditions in addition to these terms. Transaction fees, if any, will be clearly disclosed before confirmation. CarbonPesa is not responsible for M-Pesa service outages, network failures, or delays in payment processing that are outside our control.

6. Intellectual Property

All content, trademarks, logos, software, and intellectual property displayed on the CarbonPesa platform are owned by or licensed to Swap Fintech Limited (trading as CarbonPesa). You may not reproduce, distribute, modify, or create derivative works from any of our intellectual property without express written permission.

7. Limitation of Liability

To the maximum extent permitted by law, CarbonPesa shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the service. Our total liability shall not exceed the amount you have paid to CarbonPesa in the twelve months preceding the claim.

8. Privacy

Your use of CarbonPesa is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using our services, you consent to the data practices described in our Privacy Policy.

9. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya. Nothing in these terms excludes or limits any rights you may have under the Kenya Consumer Protection Act or the Data Protection Act, 2019.

10. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: legal@carbonpesa.com
• Address: Nairobi, Kenya