These Revised Terms and Conditions ("Terms") govern your access to and use of all ElementPay products and services, including the ability to deposit and spend cryptocurrencies, unless separate terms are expressly stated. ElementPay operates as a Virtual Asset Service Provider (VASP) within the Republic of Kenya, providing innovative fintech solutions for streamlined payments and financial services within the virtual asset ecosystem.
By accessing, using, or registering for any ElementPay services, you acknowledge that you have read, understood, and agree to be bound by these Terms, which constitute a legally binding agreement between you and ElementPay.
ElementPay is a fintech platform designed to facilitate the conversion and utilization of cryptocurrencies within the fiat economy. Our platform enables users to convert digital assets into local fiat currencies and to spend them with ease. By connecting your cryptocurrency wallet to ElementPay, you can seamlessly deposit or withdraw your crypto and execute payments or transfers, all while ensuring compliance with applicable Kenyan laws and regulations.
ElementPay is a legal entity responsible for the development, management, and operation of the Services. It is imperative to note that ElementPay, as a VASP, is subject to the regulatory oversight of the relevant authorities in Kenya, including but not limited to the Capital Markets Authority (CMA) or any other body designated under the Virtual Asset Service Providers Bill, 2025. ElementPay is committed to obtaining and maintaining all necessary licenses and authorizations required for its operations as a VASP in Kenya.
To access and utilize the Services provided by ElementPay, you must satisfy the following stringent eligibility criteria:
ElementPay is committed to operating within the confines of applicable laws and regulations. Accordingly, certain restrictions apply to the availability and use of our Services:
By accessing or using ElementPay, you acknowledge and expressly agree that you are not located in any jurisdiction where the use of ElementPay Services is prohibited by law. ElementPay explicitly disclaims any and all liability for any legal, regulatory, or financial issues arising from your use of the Services from restricted locations.
To utilize ElementPay, you must connect your cryptocurrency wallet. ElementPay does not take custody of, store, or manage your digital assets. All cryptocurrencies and fiat funds remain under the sole control and custody of the users. You are solely responsible for the security of your digital assets throughout their lifecycle on the platform.
You may use ElementPay exclusively for lawful purposes and in strict compliance with these Terms and all applicable laws and regulations. You agree not to violate any laws, interfere with system integrity, or engage in any prohibited activities including money laundering, terrorism financing, or fraud.
Any misuse of the Services may result in immediate suspension or permanent termination of your access to the platform, forfeiture of any associated funds, and potential legal action, including reporting to relevant law enforcement and regulatory authorities.
Upon connecting your wallet to ElementPay, you can seamlessly initiate the deposit of cryptocurrency into your ElementPay account or withdraw it to your designated wallet. For spending, ElementPay facilitates payments by converting your cryptocurrency into local fiat currencies at prevailing market rates.
While ElementPay endeavors to process transactions expeditiously, completion times may vary due to blockchain network congestion, confirmation times, liquidity availability, and external system delays.
ElementPay may impose transaction limits based on user verification levels, risk assessments, and market conditions. In instances where liquidity is insufficient, your cryptocurrency will be refunded to your originating wallet.
The value for transactions is determined based on prevailing market conditions at the time of conversion. The exchange rate applied at transaction initiation is final and binding. You acknowledge and accept the inherent risks associated with cryptocurrency price volatility.
ElementPay is designed to be a free-to-use platform for certain core services. However, ElementPay reserves the right to charge fees for specific services. Any applicable fees will be clearly disclosed before transaction completion.
ElementPay may partner with various third-party providers to facilitate services. While ElementPay exercises due diligence in selecting partners, ElementPay is not responsible for the actions, omissions, or failures of these third-party providers. You acknowledge and accept the inherent risks associated with reliance on third-party services.
ElementPay operates as an on-ramp and off-ramp platform, enabling users to deposit and spend cryptocurrencies. While underlying blockchain technology may be decentralized, ElementPay operates as a centralized service provider facilitating access to these networks.
ElementPay does not take custody of, store, or manage your digital assets or fiat funds. All cryptocurrencies and fiat funds remain under your exclusive control and custody. You are solely responsible for the security of your digital assets.
You are solely responsible for securing your cryptocurrency wallet, private keys, and access credentials. ElementPay cannot be held liable for any loss, unauthorized access, or security breaches involving your digital assets.
All transactions processed through ElementPay, once confirmed on the blockchain, are irreversible. Users must verify all payment details before initiating any transaction.
ElementPay is committed to operating in compliance with Kenyan law as a VASP. However, ElementPay is not a regulated financial institution in the traditional sense and does not hold licenses typically associated with banks or securities brokers.
All intellectual property rights in ElementPay's Services are exclusively owned by ElementPay. Users are granted a limited, non-exclusive, non-transferable, and revocable license to use the Services solely for personal, non-commercial purposes.
By submitting any materials to ElementPay, you grant ElementPay a worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute such content in connection with the Services and ElementPay's business operations.
For comprehensive details on how ElementPay handles your personal information, please refer to our ElementPay Revised Privacy Policy. By using ElementPay, you consent to the collection, processing, and use of your data in accordance with our Privacy Policy and the Data Protection Act, 2019.
ElementPay implements robust technical and organizational measures to protect collected data from unauthorized access, alteration, disclosure, or destruction. However, no internet-connected system can guarantee absolute security.
ElementPay is dedicated to ensuring the security of users' assets and transactions. Key security recommendations include maintaining wallet security, using strong authentication, regular monitoring, phishing awareness, and reporting suspicious activity.
The ultimate responsibility for safeguarding your cryptocurrency wallet, private keys, and digital assets rests with you. ElementPay disclaims liability for losses arising from your failure to adequately secure your credentials.
ElementPay provides its Services on an "as is" and "as available" basis, without any warranties of any kind. ElementPay does not warrant service availability, performance, or security.
To the maximum extent permitted by law, ElementPay shall not be liable for any indirect, incidental, special, consequential, or punitive damages. ElementPay's total liability shall not exceed the amount paid by you for accessing the Services during the preceding twelve months.
These Terms shall be governed by the laws of the Republic of Kenya. You submit to the exclusive jurisdiction of the courts of Kenya for dispute resolution.
Any disputes shall be resolved through binding arbitration in Nairobi, Kenya, in accordance with the Chartered Institute of Arbitrators (Kenya Branch) rules.
You are solely responsible for ensuring your use of the Services adheres to all applicable laws in your jurisdiction. ElementPay disclaims responsibility for your failure to comply with local laws and regulations.
ElementPay reserves the right to modify, suspend, or discontinue any aspect of the Services at its sole discretion, with or without notice.
ElementPay reserves the right to modify these Terms at any time. Changes will be reflected in an updated version with a revised "Last Updated" date. Your continued use constitutes acceptance of the revised Terms.
ElementPay reserves the right to terminate or suspend your account at any time, with or without notice, for violations of these Terms or any other conduct deemed harmful.
You have the right to terminate your account at any time by following the instructions provided within the Services.
Upon termination, all rights and licenses granted will cease. Certain provisions will survive termination, including intellectual property, disclaimers, and dispute resolution clauses.
For any questions, concerns, or requests pertaining to these Terms or ElementPay's Services, please contact us at:
Email: elementpay.info@gmail.com
Last updated: August 6, 2025