Terms and Conditions

Last Updated: January 15, 2025

1. Acceptance of Terms

By downloading, installing, or using the eSwipe mobile application, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.

These terms constitute a legally binding agreement between you and eSwipe regarding your use of our mobile payment platform and associated services.

2. Service Description

eSwipe provides a mobile payment platform that enables users to:

  • Make secure payments using QR codes and NFC technology
  • Process transactions through MTN Mobile Money integration
  • Access real-time financial analytics and spending insights
  • Manage multiple payment methods and bank accounts
  • Set budgets and track financial goals
  • Receive transaction notifications and security alerts

3. User Eligibility

To use eSwipe, you must:

  • Be at least 18 years of age or the age of majority in your jurisdiction
  • Have the legal capacity to enter into binding contracts
  • Provide accurate and complete registration information
  • Maintain an active MTN Mobile Money account
  • Have a compatible mobile device with internet connectivity
  • Comply with all applicable laws and regulations in your jurisdiction

4. Account Registration and Security

4.1 Account Creation

When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

4.2 Security Measures

You are responsible for:

  • Maintaining the confidentiality of your PIN and biometric data
  • Using strong authentication methods
  • Keeping your device secure and updated
  • Not sharing your account credentials with others
  • Logging out after each session on shared devices

5. Payment Processing

5.1 MTN Mobile Money Integration

eSwipe processes transactions through the MTN Mobile Money API. By using our service, you acknowledge that:

  • eSwipe acts as a transaction processor for MTN Mobile Money
  • All payments are subject to MTN Mobile Money terms and conditions
  • Transaction limits and fees may apply as per MTN policies
  • We do not store your full payment credentials
  • Transaction processing times depend on MTN network availability

5.2 Transaction Authorization

By authorizing a transaction, you:

  • Confirm that you have sufficient funds in your account
  • Authorize eSwipe to initiate the payment on your behalf
  • Accept that transactions cannot be reversed once processed
  • Agree to resolve any disputes directly with the merchant

5.3 Transaction Fees

Standard MTN Mobile Money transaction fees apply. Additional service fees may be charged for premium features. All fees will be clearly displayed before transaction confirmation.

6. Prohibited Activities

You agree not to:

  • Use the service for any illegal or fraudulent activities
  • Attempt to gain unauthorized access to our systems
  • Reverse engineer, decompile, or disassemble the application
  • Use automated systems to access the service
  • Violate any applicable laws or regulations
  • Impersonate another person or entity
  • Transmit viruses, malware, or harmful code
  • Interfere with other users' access to the service
  • Engage in money laundering or terrorist financing
  • Use the service for high-risk transactions without authorization

7. Fraud Detection and Prevention

eSwipe employs advanced AI-powered fraud detection systems to protect users. We reserve the right to:

  • Monitor transactions for suspicious activity
  • Temporarily suspend accounts showing unusual patterns
  • Request additional verification for high-value transactions
  • Report suspected fraud to relevant authorities
  • Terminate accounts involved in fraudulent activities

8. Intellectual Property Rights

All content, features, and functionality of eSwipe, including but not limited to:

  • Software code and algorithms
  • Design, graphics, and user interface
  • Trademarks, logos, and brand elements
  • Analytics and recommendation systems
  • Documentation and user materials

are owned by eSwipe and protected by international copyright, trademark, and other intellectual property laws.

9. Data Privacy and Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy. By using eSwipe, you consent to:

  • Collection of transaction and usage data
  • Processing of data for analytics and fraud detection
  • Storage of data in secure, encrypted databases
  • Sharing of data with payment processors (MTN Mobile Money)
  • Use of data to improve service quality

10. Limitation of Liability

To the maximum extent permitted by law, eSwipe shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits, data, or business opportunities
  • Service interruptions or network outages
  • Actions or omissions of third-party service providers
  • Unauthorized access resulting from user negligence
  • Disputes between users and merchants
  • Changes in regulatory requirements affecting service availability

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

11. Indemnification

You agree to indemnify, defend, and hold harmless eSwipe, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

  • Your violation of these Terms and Conditions
  • Your use or misuse of the service
  • Your violation of any rights of third parties
  • Your breach of applicable laws or regulations

12. Service Modifications and Termination

12.1 Service Changes

We reserve the right to:

  • Modify, suspend, or discontinue any feature
  • Update fee structures with 30 days notice
  • Change system requirements and compatibility
  • Implement new security measures

12.2 Account Termination

We may terminate or suspend your account if:

  • You violate these terms and conditions
  • Your account shows signs of fraudulent activity
  • You fail to comply with regulatory requirements
  • You engage in prohibited activities
  • Your account remains inactive for 24 months

13. Regulatory Compliance

eSwipe complies with:

  • Rwanda National Bank regulations
  • PCI DSS payment security standards
  • GDPR data protection requirements
  • Anti-money laundering (AML) legislation
  • Know Your Customer (KYC) requirements
  • Counter-terrorism financing regulations

14. Dispute Resolution

14.1 Customer Support

For any disputes or concerns, please contact our customer support team at support@eswipe.rw. We will make reasonable efforts to resolve issues within 14 business days.

14.2 Governing Law

These terms shall be governed by and construed in accordance with the laws of Rwanda. Any disputes shall be subject to the exclusive jurisdiction of the courts of Kigali, Rwanda.

14.3 Arbitration

If disputes cannot be resolved through customer support, both parties agree to submit to binding arbitration under the Rwanda Arbitration Centre rules.

15. Force Majeure

eSwipe shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, fuel, energy, labor, or materials.

16. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17. Changes to Terms

We may update these Terms and Conditions from time to time. We will notify you of material changes through:

  • In-app notifications
  • Email to your registered address
  • Updates to this page with revision date

Continued use of the service after changes constitutes acceptance of the new terms.

18. Contact Information

For questions about these Terms and Conditions, please contact us:

Email: legal@eswipe.app

Phone: +250791700692

Address: KG 123 St, Kigali, Rwanda

Business Hours: Monday - Friday, 8:00 AM - 6:00 PM EAT

By using eSwipe, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.