Terms of Service

1. Acceptance of Terms

By accessing or using Sutcel ("the Service"), you agree to be legally bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these terms, you must immediately cease use of the Service. Sutcel reserves the right to modify these terms at any time, and continued use of the Service after any modifications constitutes acceptance of the updated terms.

2. Eligibility

You must be at least 18 years of age to use Sutcel. By creating an account, you represent and warrant that:

• You are at least 18 years old and have the legal capacity to enter into a binding contract.
• All registration information you provide is truthful, accurate, and complete.
• You will maintain the accuracy of your information and update it as necessary.
• Your use of Sutcel complies with all applicable local, state, national, and international laws.
• You are not located in a country that is subject to a government embargo or that has been designated as a jurisdiction that prohibits the use of money transfer services.

3. Account Registration & Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any multi-factor authentication codes. You accept full responsibility for all activities that occur under your account. You must notify Sutcel immediately of any unauthorized use of your account or any other breach of security.

Sutcel shall not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to suspend, terminate, or restrict access to your account at any time, without prior notice or liability, for any reason including but not limited to violation of these terms, suspicious activity, or if we believe doing so is necessary to protect our platform or other users.

4. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using Sutcel for any illegal purpose or in violation of any applicable law or regulation.
• Money laundering, terrorist financing, fraud, or any financial crime.
• Sending or receiving funds from sanctioned individuals, entities, or jurisdictions.
• Attempting to bypass our security measures, rate limits, or transaction monitoring systems.
• Creating multiple accounts for any reason without our express written consent.
• Using bots, scrapers, or automated tools to interact with our platform.
• Providing false, misleading, or fraudulent information.
• Engaging in any activity that could damage, disable, or impair the Service.

Violation of any prohibited activity will result in immediate account suspension and may result in legal prosecution. Sutcel reserves the right to report any suspicious activity to relevant law enforcement and financial regulatory authorities without prior notice.

5. Transaction Terms & Limitations

All transactions processed through Sutcel are subject to the following terms:

• Transfer limits may apply based on account verification level, transaction history, and regulatory requirements. Sutcel reserves the right to adjust limits at any time.
• Exchange rates displayed are indicative and may change before a transaction is finalized.
• Once a transaction has been initiated, it cannot be cancelled or reversed. You bear full responsibility for verifying all transaction details before confirmation.
• Sutcel may delay, hold, or reject any transaction if we suspect fraud, require additional verification, or if required by applicable law.
• Transaction fees are non-refundable except as expressly stated in our fee schedule or required by law.
• Sutcel is not responsible for delays caused by intermediaries, recipient banks, or force majeure events.
• By initiating a transfer, you authorize Sutcel to execute the transaction on your behalf.

6. Fees & Charges

Sutcel charges fees for its services as disclosed at the time of transaction. Fees are subject to change with notice posted on our platform. By using Sutcel, you agree to pay all applicable fees.

Fees are non-refundable except in cases of:

• Demonstrable platform error resulting in transaction failure.
• Duplicate transactions caused by a Sutcel system error.
• As otherwise required by applicable consumer protection laws.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Sutcel, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, use, or goodwill.
• Service interruption or computer damage.
• Cost of procurement of substitute services.
• Any damages arising from unauthorized access to or alteration of your transmissions or data.

Our total liability to you for any claims arising from or relating to these terms or the Service shall not exceed the greater of (a) the total fees paid by you to Sutcel in the six (6) months immediately preceding the event giving rise to the claim, or (b) $100 USD.

This limitation of liability applies regardless of the theory of liability, whether in contract, tort, negligence, strict liability, or otherwise, even if Sutcel has been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless Sutcel, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service or violation of these terms.
• Your violation of any third-party right, including any intellectual property or privacy right.
• Any claim that your use of the Service caused damage to a third party.
• Any fraudulent, illegal, or unauthorized activity conducted through your account.

This indemnification obligation survives termination of these terms and your use of the Service.

9. Intellectual Property

The Sutcel name, logo, application design, and all related trademarks, service marks, trade names, and intellectual property are owned exclusively by Sutcel. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not copy, modify, distribute, sell, or create derivative works based on the Service or any part thereof without our express written consent.

10. Privacy & Data Protection

Your use of Sutcel is governed by our Privacy Policy, which is incorporated into these terms by reference. We collect, process, and store your personal information as described in our Privacy Policy. By using Sutcel, you consent to such collection and processing and warrant that all data provided by you is accurate.

We implement industry-standard security measures to protect your data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

11. Termination

Sutcel may terminate or suspend your account and access to the Service at any time, without prior notice or liability, for any reason including but not limited to:

• Breach of these Terms of Service.
• Engagement in prohibited activities.
• Extended period of inactivity.
• Request by law enforcement or government agency.
• Unexpected technical or security issues.

Upon termination, your right to use the Service will immediately cease. Sutcel will not be liable to you or any third party for termination of your access. Any funds held in your account at the time of termination will be handled in accordance with applicable law.

12. Dispute Resolution & Governing Law

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

Any dispute arising from or relating to these terms or your use of Sutcel shall be resolved through binding arbitration in accordance with the rules of the Nairobi Centre for International Arbitration (NCIA). The arbitration shall be conducted in Nairobi, Kenya, in the English language. The decision of the arbitrator shall be final and binding on both parties.

NOTICE: BY AGREEMENT TO THESE TERMS, YOU AND SUTCEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This provision does not preclude you from bringing issues to the attention of relevant regulatory authorities.

13. Force Majeure

Sutcel shall not be liable for any failure or delay in performance under these terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, or any other cause beyond Sutcel's reasonable control.

14. Entire Agreement & Severability

These Terms of Service, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Sutcel regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral.

If any provision of these terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

15. Contact Information

For questions about these Terms of Service, please contact us:

Email: support@sutcel.com
Address: Sutcel HQ, Nairobi, Kenya

We will respond to your inquiry within a reasonable timeframe.