Terms of Service

1. Acceptance of Terms

Welcome to Budj, a service provided by Fusion Labs Limited ("we," "us," or "our"). By downloading, accessing, or using the Budj mobile application ("App") and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use Budj. By using the App, you represent and warrant that you meet this requirement.

3. Account Registration

To use certain features of the App, you must register for an account. You agree to:

• Provide accurate, current, and complete information (including your legal name and phone number for M-Pesa verification).
• Maintain the security of your password and identification.
• Accept all risks of unauthorized access to your account and the information you provide.

4. How Cashback & Rewards Work

A. Earning Cashback

Cashback is earned only on Verified Transactions made through the App at participating Merchant locations.

• Transactions must be completed using the integrated M-Pesa payment flow within the App.
• Cashback rates are set by the Merchant and are subject to change without prior notice. The rate applicable at the time of the transaction will apply.
• Cashback is credited to your Budj Wallet as "Immatured Cashback" immediately after a successful transaction.

B. Matured vs. Immatured Cashback

• Immatured Cashback: Funds recently earned that are pending final settlement. These funds cannot be withdrawn to M-Pesa but may be eligible for spending at the same Merchant where they were earned (subject to Merchant participation).
• Matured Cashback: Funds that have cleared the settlement period (typically 1.5 months from the transaction date). These funds are eligible for withdrawal to your M-Pesa account.

C. Spending & Withdrawing

• Spending: You may use eligible cashback to offset future payments at participating Merchants.
• Withdrawal: Matured cashback can be withdrawn to your M-Pesa account, subject to a minimum withdrawal threshold (e.g., KES 500) and applicable transaction fees.

5. Loyalty Points

Participating Merchants may offer Loyalty Points in addition to cashback.

• Points have no cash value and cannot be withdrawn.
• Points are redeemable only for specific rewards or discounts defined by the issuing Merchant.
• We are not responsible for any changes to or discontinuation of a Merchant's loyalty program.

6. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any local, state, or national law.
• Attempt to defraud the system, including creating multiple accounts to exploit referral bonuses or cashback offers.
• Interfere with or damage the operation of the Service, including by uploading viruses or other malicious code.
• Reverse engineer, decompile, or disassemble any aspect of the App.

7. Merchant Interactions

• Transactions: Your dealings with Merchants found on or through the App are solely between you and the Merchant. We are not responsible for the quality, safety, or legality of the goods or services provided by Merchants.
• Disputes: Any dispute regarding a product or service purchased must be resolved directly with the Merchant. Budj is responsible only for the correct calculation and disbursement of cashback based on the transaction data we receive.

8. Payment & Fees

• M-Pesa Charges: Standard M-Pesa transaction fees charged by Safaricom may apply to your payments to Merchants.
• Withdrawal Fees: We may deduct a transaction fee from your cashback withdrawals to cover M-Pesa B2C charges. This fee will be displayed to you before you confirm the withdrawal.

9. Termination

We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Service will immediately cease, and any accumulated "Immatured Cashback" may be forfeited.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Fusion Labs Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service.
• Unauthorized access, use, or alteration of your transmissions or content.

11. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as adding a statement to our homepage or sending you a notification).

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

13. Contact Information

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

Fusion Labs Limited

• Email: support@budj.app
• Phone: +254 722 419 102