Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Sikani Technologies Pty Ltd ("Sikani," "we," "our," or "us"). By accessing, downloading, installing, or using the Sikani POS platform, including the Sikani Buyer App, Sikani Seller App, and any associated web services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must immediately cease all use of the Service. We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or in-app notification at least 14 days before they take effect. Your continued use of the Service after any modification constitutes your acceptance of the revised Terms.

These Terms should be read in conjunction with our Privacy Policy, which describes how we collect, use, and protect your personal data.

2. Description of Service

Sikani POS is a scan-to-pay smart point-of-sale system that enables seamless digital payments between buyers and sellers. The Service consists of:

• Sikani Buyer App: a mobile application that allows consumers to scan QR codes, make payments using card, mobile money, or wallet balance, view transaction history, and manage their account
• Sikani Seller App: a mobile application that allows merchants to generate dynamic QR codes, receive payments, manage their product catalog, track sales analytics, process refunds, and manage their business operations
• Payment processing: facilitation of real-time payment transactions between buyers and sellers through integration with a third-party payment processor
• Wallet system: a digital wallet that allows users to store funds, make payments, and receive settlements
• Web dashboard: optional web-based tools for sellers to manage their business operations

The Service is provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice where practicable.

3. Account Registration & Eligibility

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Not have been previously banned or removed from the Service by Sikani

3.2 Account Creation

When creating an account, you must:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your information to keep it accurate and complete
• Maintain the confidentiality of your account credentials and not share them with any third party
• Immediately notify Sikani of any unauthorized use of your account or any other breach of security

You are solely responsible for all activity that occurs under your account. Sikani will not be liable for any loss or damage arising from your failure to comply with these account security obligations.

3.3 One Account Per Person

Each individual may maintain only one personal Buyer account. Sellers may register one Seller account per legitimate business entity. Creating multiple accounts to circumvent restrictions, limits, or enforcement actions is strictly prohibited.

4. Seller Verification Requirements

4.1 KYC/KYB Documentation

To register as a seller and receive payments through the Service, you must complete our Know Your Customer (KYC) and Know Your Business (KYB) verification process. This may include providing:

• Government-issued photo identification (national ID, passport, or driver's license)
• Proof of address (utility bill, bank statement, or official correspondence dated within the last 3 months)
• Business registration certificate or equivalent documentation
• Tax identification number (TIN) or equivalent
• Selfie verification for identity confirmation
• Bank account or mobile money account details for settlement purposes

4.2 Verification Process

Sikani reserves the right to verify all seller documentation and may request additional information at any time. The verification process typically takes 1-3 business days. Until verification is complete:

• You may accept payments, but withdrawals to external bank or mobile money accounts will be restricted
• Funds received will be held in your Sikani wallet pending verification
• Sikani may impose transaction volume limits on unverified accounts

4.3 Ongoing Compliance

Sellers must keep their verification documents current. Sikani may periodically request updated documentation and reserves the right to suspend withdrawal capabilities if documentation becomes outdated or if discrepancies are found.

5. Payment Terms

5.1 Transaction Fees

Sikani charges transaction fees for payment processing. Current fee schedules are available within the Seller App and on our website. Fees may vary based on:

• Payment method (card, mobile money, wallet)
• Transaction volume and value
• Account type and verification status

We reserve the right to modify our fee structure with at least 30 days' prior written notice. Continued use of the Service after fee changes take effect constitutes acceptance of the new fees.

5.2 Settlement

Payments received by sellers are settled to the seller's designated bank account or mobile money account on a T+1 basis (next business day after the transaction). Settlement timelines may be extended in cases of:

• Suspected fraudulent activity pending investigation
• Incomplete or pending KYC/KYB verification
• Technical issues with the receiving bank or mobile money operator
• Public holidays or bank closures

5.3 Refund Policy

Sellers may issue refunds to buyers through the Seller App within 30 days of the original transaction. Refund terms:

• Full or partial refunds may be issued at the seller's discretion
• Refunds are processed back to the buyer's original payment method
• Transaction fees on refunded amounts may or may not be returned, depending on the circumstances
• Refund processing typically takes 3-5 business days

Sikani is not responsible for disputes between buyers and sellers regarding refunds. Sellers are solely responsible for their refund policies, which must comply with applicable consumer protection laws.

6. Wallet Terms

6.1 Sikani Wallet

The Sikani Wallet is a digital wallet feature that allows users to store funds within the Sikani platform for the purpose of making and receiving payments. The wallet is not a bank account, and funds held in the wallet are not insured by any government deposit insurance scheme.

6.2 Wallet Balance Limits

Wallet balances are subject to the following limits:

• Maximum balance: GHS 5,000 (or equivalent in your local currency) for individual user wallets
• Sikani may adjust these limits based on your account verification level and usage history
• Attempts to exceed the wallet balance cap will result in the transaction being declined

6.3 Wallet Restrictions

• Wallet funds may only be used for transactions within the Sikani platform
• Withdrawals from the wallet to external bank accounts or mobile money accounts are not permitted for buyer wallets; sellers may withdraw to their verified settlement accounts only
• Wallet-to-wallet transfers between users are not permitted unless explicitly enabled by Sikani
• Sikani reserves the right to freeze wallet balances if suspicious or unauthorized activity is detected

6.4 Dormant Wallets

If no transaction is made on a wallet for a continuous period of 12 months, the wallet may be classified as dormant. Dormant wallets may be subject to maintenance fees or may require re-verification before reactivation.

7. Prohibited Activities

You agree not to use the Service for any of the following purposes:

• Fraud: engaging in any fraudulent, deceptive, or misleading activity, including creating fake transactions, manipulating prices, or impersonating other individuals or businesses
• Money laundering: using the Service to launder money or disguise the origins of illegally obtained funds
• Terrorist financing: using the Service to finance terrorism or any activity related to weapons of mass destruction
• Illegal goods & services: using the Service to buy, sell, or facilitate the sale of illegal drugs, counterfeit goods, stolen property, unlicensed weapons, or any other goods or services prohibited by applicable law
• Sanctions violations: engaging in transactions with individuals, entities, or countries subject to international sanctions
• Unauthorized access: attempting to gain unauthorized access to the Service, other user accounts, or Sikani's systems through hacking, social engineering, or any other means
• System abuse: introducing malware, viruses, or other harmful code; conducting denial-of-service attacks; scraping or reverse-engineering the Service
• Circumvention: attempting to bypass or circumvent any security measures, transaction limits, or restrictions implemented by Sikani
• Multi-accounting: creating multiple accounts to evade restrictions, bans, or enforcement actions
• Misrepresentation: providing false or misleading information during registration, verification, or in the course of any transaction

Violation of these prohibitions may result in immediate account suspension or termination, forfeiture of wallet balances, reporting to law enforcement authorities, and civil or criminal liability.

8. Anti-Money Laundering (AML) Policy

8.1 Commitment

Sikani Technologies is committed to preventing the use of our platform for money laundering, terrorist financing, and other financial crimes. We maintain a comprehensive AML compliance program in accordance with applicable laws and regulations, including but not limited to:

• The Anti-Money Laundering Act, 2020 (Act 1044) of Ghana
• Financial Action Task Force (FATF) recommendations
• Applicable international AML/CFT regulations in jurisdictions where we operate

8.2 Customer Due Diligence (CDD)

We perform risk-based customer due diligence, including:

• Identity verification for all users at onboarding
• Enhanced due diligence (EDD) for high-risk customers, including politically exposed persons (PEPs) and customers from high-risk jurisdictions
• Ongoing monitoring of transaction patterns and behaviors
• Periodic review and updating of customer information

8.3 Transaction Monitoring

We employ automated systems to monitor transactions for suspicious activity, including:

• Unusually large or frequent transactions inconsistent with a user's profile
• Rapid movement of funds through wallets (structuring or layering)
• Transactions involving high-risk jurisdictions or sanctioned entities
• Patterns consistent with known money laundering typologies

8.4 Suspicious Activity Reporting

When suspicious activity is detected, Sikani will:

• Conduct an internal investigation
• File Suspicious Transaction Reports (STRs) with the relevant Financial Intelligence Centre or equivalent authority
• Cooperate fully with law enforcement investigations
• Preserve relevant records and evidence

Sikani is prohibited by law from informing users that a suspicious activity report has been filed ("tipping off").

8.5 Record Keeping

We maintain records of all customer identification data, transaction records, and AML compliance activities for a minimum of 7 years, in compliance with applicable regulations.

8.6 Sanctions Screening

All users are screened against applicable sanctions lists, including those maintained by the United Nations, the European Union, the United States (OFAC), and other relevant authorities. Users found on sanctions lists will be denied access to the Service, and their funds may be frozen as required by law.

9. Intellectual Property

All intellectual property rights in the Service, including but not limited to the software, design, logos, trademarks, trade names, text, graphics, and user interfaces, are owned by or licensed to Sikani Technologies Pty Ltd.

• You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms
• You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the software
• The Sikani name, logo, and all related trademarks are the property of Sikani Technologies. You may not use these marks without our prior written consent
• Any feedback, suggestions, or ideas you provide to us about the Service may be used by us without any obligation or compensation to you

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Sikani, its directors, employees, partners, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses
• Sikani's total aggregate liability for any claims arising out of or related to the Service shall not exceed the total amount of fees paid by you to Sikani in the 12 months preceding the claim
• Sikani is not liable for losses resulting from unauthorized access to your account due to your failure to maintain the confidentiality of your credentials
• Sikani is not liable for delays, failures, or interruptions in the Service caused by factors beyond our reasonable control, including but not limited to natural disasters, power outages, telecommunications failures, government actions, or acts of third parties
• Sikani is not a party to transactions between buyers and sellers and is not liable for the quality, safety, legality, or delivery of goods or services transacted through the platform

Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sikani Technologies Pty Ltd, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any content or data you submit, post, or transmit through the Service
• Any transaction you conduct through the Service, including disputes with other users
• Your negligence or willful misconduct

This indemnification obligation shall survive the termination of your account and these Terms.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at legal@sikani.tech and attempt to resolve the dispute informally within 30 days.

12.2 Mediation

If the dispute cannot be resolved informally, either party may propose mediation through a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties.

12.3 Arbitration

If the dispute is not resolved through mediation within 60 days, either party may submit the dispute to binding arbitration. Arbitration shall be conducted:

• Under the rules of the Arbitration Foundation of Southern Africa (AFSA) for disputes arising in Africa, or the International Chamber of Commerce (ICC) for international disputes
• By a single arbitrator mutually agreed upon by both parties
• In the English language
• At a location mutually agreed upon or, failing agreement, in Accra, Ghana

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.4 Class Action Waiver

To the extent permitted by law, you agree that any disputes will be resolved on an individual basis and you waive any right to participate in a class action, collective action, or representative proceeding.

12.5 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction for matters relating to intellectual property rights or unauthorized access to the Service.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at legal@sikani.tech or through the account settings in the app. Upon termination:

• Your access to the Service will be revoked
• Any remaining wallet balance will be returned to you via your verified settlement method, less any outstanding fees or obligations, within 30 business days
• Pending transactions will be completed or cancelled as appropriate

13.2 Termination by Sikani

Sikani may suspend or terminate your account at any time, with or without notice, for reasons including but not limited to:

• Violation of these Terms or any applicable law
• Suspected fraudulent, abusive, or illegal activity
• Failure to complete or maintain required verification
• Extended account inactivity (12+ months)
• Request by law enforcement or government authorities
• Discontinuation of the Service or any part thereof

13.3 Effect of Termination

Upon termination, all rights granted to you under these Terms will immediately cease. Provisions that by their nature should survive termination shall remain in effect, including but not limited to intellectual property, limitation of liability, indemnification, and dispute resolution provisions.

14. Governing Law

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

For users located outside Ghana, these Terms shall be interpreted in a manner consistent with applicable local laws. In the event of a conflict between these Terms and mandatory local laws, the mandatory local laws shall prevail to the extent of the inconsistency.

Any legal proceedings that are not subject to the arbitration provisions set forth in Section 12 shall be brought exclusively in the courts of the Republic of Ghana, and you consent to the personal jurisdiction of such courts.

For international disputes that cannot be resolved under Ghana law, the parties agree to submit to international arbitration as described in Section 12.3.

15. Contact Us

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

• Legal inquiries: legal@sikani.tech
• General inquiries: legal@sikani.tech
• Privacy inquiries: privacy@sikani.tech

Sikani Technologies Pty Ltd
Website: sikani.tech