1. Introduction
These Terms & Conditions govern your access to and use of the CoPay Escrow Platform, including all websites, mobile applications, and integrations operated by CoPay Escrow Solutions Limited.
By creating a CoPay account, initiating an escrow transaction, or using our services in any way, you agree to comply with these Terms & Conditions.
If you do not agree to these Terms, do not use CoPay’s services.
2. Definitions
- Buyer – A user who pays for goods or services through CoPay.
- Seller – A user who receives payment for goods or services through CoPay.
- Escrow – The secure holding of buyer funds by CoPay until the buyer confirms satisfactory delivery of goods or services.
- CoPay Wallet – A regulated, digital account that holds cleared funds for users, operated through Cellulant (Tingg) under CBK oversight.
- Cellulant (Tingg) – CoPay’s licensed financial partner and payment processor.
- Transaction – Any payment, refund, or withdrawal made through the CoPay platform.
- User – Any person or business entity using the CoPay platform.
- Platform – CoPay’s websites, APIs, mobile apps, and related systems.
3. Eligibility
You must:
- Be at least 18 years old;
- Have legal capacity to enter into binding agreements;
- Use CoPay for lawful transactions only; and
- Provide accurate and verifiable KYC information when requested.
CoPay reserves the right to decline or terminate service for any user who fails to meet these requirements.
4. Nature of CoPay’s Service
CoPay acts solely as a neutral escrow intermediary that holds funds securely between buyers and sellers.
CoPay:
- Does not sell or deliver goods;
- Does not guarantee product quality, authenticity, or condition;
- Does not assume liability for disputes between users beyond the refund and release process.
6. Transactions and Escrow Flow
- The buyer initiates payment through CoPay’s STK prompt.
- Funds are securely held in escrow via Cellulant (Tingg).
- The seller delivers goods or services.
- The buyer confirms delivery and releases payment.
- The seller receives funds in their CoPay Wallet and may withdraw.
- Disputes trigger CoPay mediation under the Refund Policy.
7. Refunds and Disputes
Refunds follow the CoPay Refund & Escrow Release Policy.
In disputes:
- Both parties must provide proof (delivery, chats, receipts).
- CoPay reviews all evidence objectively.
- CoPay’s final decision is binding once both parties are notified.
8. Service Fees
Escrow fee: KES 45 (mobile) or KES 80 (bank withdrawal).
Fees cover escrow handling, SMS notifications, and maintenance. CoPay may revise fees with prior notice.
9. User Responsibilities
- Conduct only lawful transactions.
- Verify goods or services before confirming payment.
- Keep OTPs and credentials confidential.
- Notify CoPay immediately of unauthorized activity.
10. Prohibited Transactions
Users shall not use CoPay for prohibited or illegal items including:
- Weapons, drugs, counterfeit goods, or stolen items
- Pornography, hate content, gambling, scams, or terrorism financing
- Unlicensed trade in alcohol, tobacco, or pharmaceuticals
- Wildlife, hazardous materials, or crypto without CBK approval
Violations may lead to suspension, termination, or legal reporting.
11. Liability Limitation
CoPay acts only as an escrow intermediary and is not responsible for product issues, delivery failures, or indirect damages.
Liability is limited to the transaction amount held in escrow.
12. Indemnity
Users shall indemnify CoPay, its employees, and partners (including Cellulant Tingg) from claims arising due to:
- Breach of these Terms or laws;
- Use of CoPay for illegal activity;
- Fraud, misrepresentation, or negligence;
- Unauthorized use of another person’s data or account.
13. Data Protection
CoPay complies with the Kenya Data Protection Act (2019) and its Privacy Policy. Data is encrypted, stored securely, and used only for lawful business and compliance purposes.
14. Suspension and Termination
CoPay may suspend or terminate accounts that:
- Violate these Terms or laws;
- Engage in fraud or prohibited activity;
- Fail to provide required KYC data.
Funds in escrow will be managed per CoPay’s Refund Policy.
15. Force Majeure
CoPay shall not be liable for delays or failures caused by natural disasters, power outages, cyberattacks, regulatory actions, or civil unrest.
16. Dispute Resolution
Disputes will first be resolved amicably. If unresolved, they shall be referred to arbitration in Nairobi under the Arbitration Act (No. 4 of 1995). The award is final and binding.
17. Amendments
CoPay may update these Terms periodically. Updates will be posted on www.copay.co.ke. Continued use implies acceptance.
18. Governing Law
These Terms are governed by and construed under the laws of Kenya.