Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Pesa Token platform, including our website at pesatoken.org, mobile applications, and related services (collectively, the “Services”) operated by Pesa Token (“we”, “our”, or “us”).

By creating an account or using our Services, you confirm that you are at least 18 years old, have the legal capacity to enter into these Terms, and agree to comply with them.

Pesa Token provides:

• Custodial cryptocurrency wallets supporting Bitcoin, Litecoin, Ethereum, and other EVM-compatible networks
• Cryptocurrency sending and receiving functionality
• Bulk token distribution tools for organisations
• Peer-to-peer escrow services for deal settlement
• Identity verification (KYC) for regulatory compliance

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice.

Pesa Token operates as a custodial wallet provider. This means:

• We hold and manage private keys on your behalf using industry-standard encryption
• You authorise us to sign transactions on your behalf
• You may export your private keys at any time, after which we can no longer sign transactions for that wallet
• Once keys are exported, you assume full responsibility for their security

⚠️ Cryptocurrency transactions are irreversible. Always verify recipient addresses before sending.

You may not use Pesa Token if you:

• Are a resident of, or located in, a jurisdiction subject to comprehensive sanctions (including but not limited to Iran, North Korea, Cuba, Syria, or the Crimea region)
• Are a Specially Designated National (SDN) or otherwise sanctioned individual or entity
• Are under 18 years of age
• Have been previously banned from our Services

You agree not to use Pesa Token for:

• Money laundering, terrorist financing, or any other illegal financial activity
• Fraud, scams, or deceptive practices
• Circumventing sanctions or export controls
• Any activity that violates applicable laws in your jurisdiction

We are committed to compliance with Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) regulations. As such:

• Transaction limits apply based on your verification tier (see below)
• We may require identity verification before allowing higher transaction volumes
• We may suspend or terminate accounts that fail verification or exhibit suspicious activity
• We may report suspicious transactions to relevant authorities as required by law

Our escrow service facilitates peer-to-peer deal settlement. By using escrow:

• Both parties must agree to the terms before funds are accepted
• Agreed terms are cryptographically hashed and cannot be altered after agreement
• Disputes not resolved within the agreed timeout period will be referred to arbitration
• We act as a neutral technical intermediary and do not guarantee the performance of either party
• We reserve the right to freeze escrow funds pending investigation of suspected fraud or illegal activity

Current fee information is available on our website. We reserve the right to introduce or modify fees with 30 days' notice. Network transaction fees (gas fees, miner fees) are separate from our service fees and are determined by the respective blockchain networks.

Cryptocurrency involves significant risk. You acknowledge and accept that:

• Cryptocurrency values are highly volatile and can decrease to zero
• Blockchain transactions are irreversible — we cannot recover funds sent to incorrect addresses
• Smart contract bugs, network congestion, and protocol changes may affect your assets
• Regulatory changes may affect the availability of our Services in your jurisdiction
• We are not a bank and your funds are not covered by deposit insurance schemes

All content, trademarks, logos, and software comprising the Pesa Token platform are owned by or licensed to us. You may not copy, modify, distribute, or create derivative works without our express written permission.

To the maximum extent permitted by applicable law, Pesa Token shall not be liable for:

• Loss of cryptocurrency due to user error, including sending to incorrect addresses
• Losses arising from market volatility or cryptocurrency price changes
• Service interruptions, technical failures, or security breaches beyond our reasonable control
• Indirect, incidental, special, or consequential damages

Our total liability to you shall not exceed the fees paid by you to us in the 12 months preceding the claim.

You agree to indemnify and hold harmless Pesa Token and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

We may suspend or terminate your account at any time if we reasonably believe you have violated these Terms, applicable law, or pose a risk to other users or the platform. You may close your account at any time by contacting us. Upon termination, you remain responsible for any outstanding obligations.

These Terms are governed by the laws of Kenya. Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Nairobi, Kenya, in accordance with the Nairobi Centre for International Arbitration rules.

We may update these Terms from time to time. Material changes will be communicated via email or prominent notice on our platform at least 14 days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.