Current as of 15th October, 2026
ElementPay Service Agreement
Terms for the ElementPay API, Mboka, Mboka Checkout and local-currency accounts.
This Service Agreement (the Agreement) governs the use of the ElementPay services by the business that accepts it (the Customer). ElementPay means the provider of the services described in this Agreement.
1. Definitions
In this Agreement:
- Account means a local-currency or foreign-currency account made available to the Customer through a Partner and shown in the Customer's Mboka dashboard.
- API means the ElementPay application programming interface, sandbox, webhooks and related documentation.
- API Credentials means the keys, tokens, secrets and signing keys issued to the Customer for the API.
- Applicable Law means all laws, regulations, licence conditions and regulator directions that apply to a party or to a Transaction, including Kenyan anti-money laundering, counter-terrorism financing, data protection and payments law.
- Beneficiary means the person that receives funds under an Order.
- Business Day means a day other than a Saturday, Sunday or public holiday in Kenya.
- Checkout means Mboka Checkout, the hosted, link-based payment page through which the Customer collects payment for its own orders.
- Customer Data means data the Customer or its Beneficiaries provide to ElementPay, including KYB records, Order details and payer details.
- Fee Schedule means the separate fee document ElementPay issues to the Customer, as updated under clause 10.
- Mboka means ElementPay's business platform, including its dashboard, Accounts, payouts, collections and Checkout.
- Order means an instruction to ElementPay to collect, convert, route or pay out funds, placed through the API or Mboka.
- Order Form means the separate document ElementPay issues to the Customer, signed or accepted electronically, that lists the Services, Supported Corridors, limits and Settlement Assets the Customer may use.
- Partner means a bank, payment service provider, mobile money operator, liquidity provider or other third party that ElementPay uses to deliver a Service.
- Platform means the ElementPay aggregator, Mboka, Checkout and the API together.
- Prohibited Activities means the activities listed in Schedule 1.
- Quote means a price for an Order, including exchange rate and fees, issued through the Platform.
- Sanctions means economic or financial sanctions or trade embargoes imposed by the United Nations, the European Union, the United Kingdom, the United States, Kenya or any other authority that applies to a party or to a Transaction.
- Services means the services described in clause 3 and listed in the Order Form.
- Settlement Asset means USDC, USDT or another stablecoin listed in the Order Form.
- Supported Corridor means a sending and receiving country and currency pair listed in the Order Form.
- Transaction means any collection, conversion, transfer or payout carried out under an Order.
- Depeg Event means a Settlement Asset trading, or being redeemable, materially below its stated peg, as determined by ElementPay acting reasonably.
2. Structure and Precedence
3. Services
- API access for creating Quotes and Orders, collecting and paying out funds, receiving status updates and webhooks, and retrieving reconciliation data, including a sandbox for testing.
- Mboka, including the business dashboard, payouts, collections, reporting and user management.
- Accounts in local and foreign currencies, such as KES and NGN, made available through Partners.
- Checkout, for collecting payment from the Customer's own payers through hosted payment links.
- Conversion between fiat currency and a Settlement Asset in support of an Order.
- Any other service ElementPay lists in the Order Form.
4. Role of ElementPay and Partners
5. Onboarding and Eligibility
- it is duly incorporated and has power and authority to enter into and perform this Agreement;
- it holds every licence, registration and approval its own business needs;
- neither it, nor any director, beneficial owner or Beneficiary, is the target of Sanctions;
- the information it has given ElementPay is complete and accurate; and
- it does not carry on any Prohibited Activity.
6. Accounts and Use of the Services
7. Orders and Quotes
8. Settlement and Payout
9. API Access and Security
10. Fees
11. Compliance, Sanctions and Monitoring
12. Prohibited Use
13. Errors, Refunds and Disputes
14. Data Protection
15. Confidentiality
16. Availability, Support and Intellectual Property
17. Warranties and Disclaimers
18. Limitation of Liability
19. Indemnity
20. Term and Termination
21. Suspension
22. Notices and General
23. Governing Law and Disputes
Schedule 1: Prohibited Activities
Part A. Prohibited. The Customer will not use the Services for, or for anyone engaged in:
- unlawful or abusive activity, fraud, or identity misuse;
- money laundering, terrorist financing or proliferation financing;
- dealing with a person, entity or jurisdiction that is the target of Sanctions, or evading Sanctions;
- trade-based money laundering, including over-invoicing, under-invoicing, multiple invoicing, phantom shipments and falsified trade documentation;
- unlicensed money transmission, remittance, currency exchange or digital asset exchange or custody services provided to third parties;
- cryptocurrency mixers, tumblers and other tools built to hide the source of funds;
- Ponzi and pyramid schemes, unlicensed investment schemes and multi-level marketing;
- unlawful gambling and unlawful prediction markets;
- narcotics, drug paraphernalia and substances designed to mimic illegal drugs;
- weapons, munitions and dual-use goods that need an export licence the Customer does not hold;
- adult content and services;
- counterfeit, stolen or unauthorised goods, and intellectual property infringement;
- human trafficking, illegal wildlife trade and other unlawful trade; and
- any activity ElementPay or a Partner reasonably believes carries elevated financial, legal or reputational risk, or breaches a Partner's rules or a payment network's rules.
Part B. Prior written approval needed. The Customer will not use the Services for the following unless ElementPay has approved it in writing after due diligence: virtual asset service providers and money services businesses; precious metals and stones; charities and non-profit organisations; businesses owned or controlled by politically exposed persons; and cash-intensive businesses.
Schedule 2: Fee Schedule
ElementPay delivers the Fee Schedule to the Customer as a separate PDF before the Customer accepts this Agreement. The Customer confirms receipt of the Fee Schedule by accepting this Agreement.
Last updated 15th October, 2026.