Terms and Conditions

Last Updated: March 23, 2026

1. Definitions and Interpretation

In these Terms and Conditions:

• "App" means the Shmoney mobile application and all related services
• "We," "Us," "Our" means Shmoney and its owners, operators, and affiliates
• "You," "Your," "User" means the person or entity using the App
• "MPESA" means the mobile money service operated by Safaricom PLC and other telecommunications providers
• "Transaction Data" means information extracted from MPESA SMS messages
• "Content" means all text, graphics, software, and other materials in the App
• "Services" means all features and functionalities provided by the App
• "Ask Shmoney AI" means the optional AI-powered insights feature that provides personalized financial analysis
• "Aggregated Data" means anonymized, statistical summaries derived from your transaction data that do not contain personal identifiable information

2. Acceptance of Terms

By accessing or using Shmoney, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. These terms apply to all users of the App.

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting. Your continued use of the App after changes constitutes acceptance of the modified terms.

3. License and Permitted Use

3.1 License Grant

Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your personal mobile device
• Use the App for personal, non-commercial purposes
• Access features and services provided by the App

3.2 License Restrictions

You agree NOT to:

• Copy, modify, distribute, sell, or lease any part of the App
• Reverse engineer, decompile, or attempt to extract source code
• Remove or modify any proprietary notices or labels
• Use the App for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to the App or related systems
• Use the App to transmit viruses, malware, or harmful code
• Use automated systems (bots, scrapers) to access the App
• Interfere with or disrupt the App's functionality
• Impersonate any person or entity
• Use the App in any way that violates applicable laws or regulations

4. Eligibility and User Responsibilities

4.1 Age Requirements

You must be at least 18 years old to use this App. If you are under 18, you may only use the App with the supervision and consent of a parent or legal guardian.

4.2 Account Registration

If the App requires account registration, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Promptly update your account information if it changes
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

4.3 Device Security

You are responsible for:

• Securing your mobile device with a PIN, password, or biometric lock
• Keeping your device's operating system and security software up to date
• Protecting against unauthorized access to your device
• All activities that occur on your device

5. Ask Shmoney AI - Optional AI-Powered Insights

5.1 Nature of Ask Shmoney AI Feature

Ask Shmoney AI is an OPTIONAL feature that you may choose to enable or disable at any time. Key characteristics:

• The feature is completely optional and disabled by default
• All core App functionality (transaction tracking, categorization, budgeting, reports, visualizations) works fully WITHOUT the AI feature
• You can use the entire App without ever enabling Ask Shmoney AI
• The App does not require or encourage you to enable the AI feature to access any essential functionality

5.2 Explicit Consent and Data Use

Before you can use Ask Shmoney AI, you must provide explicit, informed consent through an in-app opt-in screen that clearly explains:

• What data will be used (aggregated statistics only)
• What data will NOT be sent (personal information, names, phone numbers, individual transaction details)
• How the AI feature works and processes your data
• Your right to withdraw consent and disable the feature at any time

Data Minimization Commitment:

• Only aggregated, anonymized statistical data is sent to AI service providers
• NO recipient names are ever sent to AI servers
• NO phone numbers are ever sent to AI servers
• NO transaction reference numbers are ever sent to AI servers
• NO individual transaction messages or descriptions containing personal information are sent
• Only summary statistics like totals, averages, category percentages, and counts are processed

5.3 How Ask Shmoney AI Works

When you enable Ask Shmoney AI and ask a question:

1. Your transaction data remains stored locally on your device
2. The App computes aggregated statistics locally (totals, categories, trends)
3. Only these aggregated statistics are transmitted to AI service providers
4. The AI analyzes these statistics and generates insights
5. The response is sent back to your device and displayed in the App
6. No persistent record of your statistics is stored on AI servers

5.4 Third-Party AI Service Providers

Ask Shmoney AI uses third-party artificial intelligence service providers to process queries and generate insights. You acknowledge and agree that:

• These AI service providers operate under their own terms of service and privacy policies
• We select AI providers based on their security standards and data protection practices
• AI providers only receive aggregated, anonymized data (never personal information)
• AI providers are contractually prohibited from using your data for training their models or for purposes other than providing the service
• We are not responsible for the AI providers' data practices beyond our contractual requirements

5.5 AI-Generated Content Disclaimer

IMPORTANT DISCLAIMERS ABOUT AI-GENERATED INSIGHTS:

• No Financial Advice: Ask Shmoney AI does NOT provide financial advice, investment recommendations, or professional financial planning services. All insights are informational only.
• Accuracy Not Guaranteed: AI-generated responses may contain errors, inaccuracies, or hallucinations. Always verify important information independently.
• No Liability for AI Responses: We are not responsible or liable for any decisions you make based on AI-generated insights.
• Educational Purposes Only: Use AI insights for general understanding of your spending patterns, not for making critical financial decisions.
• Consult Professionals: For financial advice, investment guidance, or tax planning, consult licensed financial professionals.

5.6 Your Rights Regarding Ask Shmoney AI

You have the following rights regarding the Ask Shmoney AI feature:

• Right to Enable or Disable: You can enable or disable the feature at any time in Settings
• Right to Withdraw Consent: You can withdraw your consent for data use at any time
• Right to Delete AI Interaction History: You can delete all AI conversation history from your device
• Right to Information: You can request details about how your aggregated data is processed
• No Penalty for Not Using AI: Your access to core App features is not affected if you choose not to enable Ask Shmoney AI

5.7 Limitations on Ask Shmoney AI Use

You agree NOT to use Ask Shmoney AI to:

• Request financial advice for major decisions (investments, loans, mortgages)
• Attempt to extract personal information about other users
• Generate content for commercial purposes
• Test or probe the AI system for vulnerabilities
• Submit queries containing harmful, abusive, or illegal content
• Attempt to reverse-engineer or duplicate the AI functionality

5.8 Data Retention for AI Feature

Regarding Ask Shmoney AI data:

• Aggregated statistics are only processed when you actively submit a query
• No persistent database of your statistics is maintained on our servers
• AI conversation sessions are temporary and not linked to your identity
• We may retain anonymized usage metrics (e.g., number of queries per day) for service improvement, but these metrics do not contain your financial data

5.9 Changes to Ask Shmoney AI Feature

We reserve the right to:

• Modify, suspend, or discontinue the Ask Shmoney AI feature at any time
• Change AI service providers
• Update how aggregated data is processed
• Implement usage limits or rate limiting

Material changes affecting data processing will require re-consent from you before the AI feature can continue to be used.

6. MPESA and SMS Permissions

6.1 SMS Permission Requirement

The App requires SMS read permission to extract MPESA transaction information from SMS messages. By granting this permission, you acknowledge that:

• The App will only access SMS messages from MPESA (specific sender IDs)
• All SMS data is processed and stored ONLY on your device
• We do NOT upload, transmit, or store your SMS messages on any external servers
• The App does not access, read, or process non-MPESA messages

6.2 No Affiliation with MPESA

Shmoney is an independent application and is NOT affiliated with, endorsed by, or sponsored by Safaricom PLC, MPESA, or any telecommunications provider. The App:

• Does not access your MPESA account directly
• Cannot initiate transactions on your behalf
• Cannot modify your MPESA balance or settings
• Only reads transaction information from SMS messages

7. Disclaimers and Warranties

7.1 "AS IS" Provision

THE APP AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Security or freedom from viruses or harmful components

7.2 No Financial Advice

Shmoney is a transaction tracking and budgeting tool. The App does NOT provide:

• Financial advice or investment recommendations
• Tax advice or preparation services
• Legal or accounting services
• Professional financial planning

This applies to both the core App features AND the Ask Shmoney AI feature. Any insights, suggestions, or information provided are for informational purposes only and should not be relied upon for making financial decisions.

7.3 Accuracy Disclaimer

While we strive for accuracy, we do NOT guarantee that:

• Transaction categorization is always correct
• SMS parsing is 100% accurate
• Calculations are error-free
• Budget alerts are always triggered correctly
• AI-generated insights are accurate or reliable

You are responsible for verifying the accuracy of all information displayed in the App.

7.4 Data Loss Disclaimer

We are NOT responsible for any loss of data resulting from:

• Device malfunction, damage, or loss
• Software bugs or crashes
• Operating system updates
• User error
• App uninstallation
• Factory reset

We strongly recommend regularly exporting your transaction data for backup purposes.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Financial losses resulting from App use or reliance on App data
• Damages resulting from AI-generated content or insights
• Errors, inaccuracies, or omissions in transaction data or AI responses
• Unauthorized access to your device or data
• Third-party actions or content
• Service interruptions or unavailability

IF, DESPITE THIS LIMITATION, WE ARE FOUND LIABLE FOR ANY DAMAGES, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY (OR KES 1,000, WHICHEVER IS GREATER).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Third-Party Services and Links

The App may contain links to third-party websites or services (e.g., app stores, analytics providers, AI service providers). We are NOT responsible for:

• The availability, accuracy, or content of third-party services
• Third-party privacy practices or terms of service
• Any damages or losses resulting from third-party services

Your use of third-party services is at your own risk and subject to their terms.

10. Subscription and Payments

10.1 Free and Premium Features

The App may offer both free and premium (paid) features. Premium features require a subscription purchase.

10.2 Pricing and Billing

• Subscription prices are displayed in the App and may change with notice
• Payments are processed by third-party payment processors (Google Play, Apple App Store)
• Subscriptions auto-renew unless cancelled before the renewal date
• All payments are non-refundable except as required by law

10.3 Ask Shmoney AI Feature Availability

The Ask Shmoney AI feature may be:

• Available to all users (free feature)
• Limited to premium subscribers
• Subject to usage limits or quotas

We reserve the right to change the availability and pricing of the AI feature at any time with reasonable notice.

10.4 Refund Policy

Refund requests are subject to the policies of the platform through which you purchased (Google Play Store, Apple App Store). We do not control or process refunds directly.

10.5 Taxes

You are responsible for all applicable taxes, duties, and government charges related to your use of premium features.

11. Termination and Suspension

11.1 Termination by You

You may stop using the App at any time by uninstalling it from your device.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for:

• Violation of these terms
• Fraudulent or illegal activity
• Abusive behavior or harassment
• Non-payment of subscription fees
• Misuse of the Ask Shmoney AI feature
• Any reason or no reason, at our sole discretion

11.3 Effects of Termination

Upon termination:

• Your license to use the App ends immediately
• You must delete the App from your device
• We may delete any data associated with your account
• Provisions that should survive termination will remain in effect
• Your consent for Ask Shmoney AI data processing is automatically revoked

12. Indemnification

You agree to indemnify, defend, and hold harmless Shmoney, its owners, officers, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the App
• Your violation of these terms
• Your violation of any laws or regulations
• Your violation of third-party rights
• Any content you submit or create
• Your negligence or willful misconduct
• Your use of the Ask Shmoney AI feature
• Any decisions made based on AI-generated insights

13. Governing Law and Dispute Resolution

13.1 Governing Law

These terms are governed by the laws of the Republic of Kenya, without regard to conflict of law provisions.

13.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Nairobi, Kenya, for resolution of any disputes.

13.3 Arbitration

Any dispute arising from these terms shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes may be submitted to binding arbitration under the Arbitration Act, 1995 (Laws of Kenya).

13.4 Class Action Waiver

To the extent permitted by law, you agree that disputes will be resolved individually and you waive the right to participate in any class action or representative proceeding.

14. Miscellaneous Provisions

14.1 Entire Agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

14.2 Severability

If any provision of these terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign or transfer these terms without our written consent. We may assign these terms without restriction.

14.5 No Agency

Nothing in these terms creates a partnership, joint venture, employment, or agency relationship between you and us.

14.6 Notices

We may provide notices to you via email, in-app notifications, or by posting on our website. Notices are effective when sent or posted.

14.7 Language

These terms are drafted in English. Any translation is for convenience only. In case of conflict, the English version prevails.

15. Export Control and Sanctions

You agree to comply with all applicable export laws, trade sanctions, and regulations. You represent that you are not:

• Located in a country subject to comprehensive sanctions
• Listed on any government restricted party list
• Subject to any legal restrictions on receiving services

16. Accessibility

We strive to make the App accessible to users with disabilities. If you experience accessibility issues, please contact us.

17. Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the App, you grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

18. Beta Features

The App may include beta or experimental features (which may include Ask Shmoney AI during initial rollout). These are provided "as is" with no warranties. Beta features may be changed or removed at any time without notice.

19. Updates and Modifications

We may release updates, patches, or new versions of the App. You are responsible for downloading and installing updates. Continued use of outdated versions is at your own risk.

20. Contact Information

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

Email: [email protected]
Address: [Your Business Address], Nairobi, Kenya

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