M-Penny is operated by M-Penny Ltd, a company incorporated in Kenya ("M-Penny", "we", "us", "our"). M-Penny provides software for bookkeeping, invoicing, KRA eTIMS filing facilitation, stock management, payment reconciliation, business intelligence, marketing tools and access to optional credit, for micro, small and medium enterprises ("you", "your", the "business").
These Terms, together with the Privacy Policy and any product-specific terms we present to you (for example credit agreements), form the entire agreement between you and M-Penny (the "Agreement"). If there is a conflict, the product-specific terms prevail for that product.
You must be at least 18 years old and legally able to enter into contracts, and you must use M-Penny only for a lawful business of which you are the owner or an authorised representative. You are responsible for all activity under your account and for keeping your credentials, PIN and one-time passcodes confidential. Notify us immediately of any unauthorised use. You are responsible for the accuracy, completeness and lawfulness of all information and records you enter or import.
To comply with Kenyan law, including the Proceeds of Crime and Anti-Money Laundering Act and applicable Central Bank of Kenya ("CBK") and regulator guidance, we (and our payment and lending partners) may verify your identity and business, screen against sanctions and politically-exposed-person lists, and monitor transactions. You agree to provide accurate information and supporting documents on request. We may decline, delay, suspend or report any transaction or account where we reasonably suspect fraud, money laundering, sanctions breach, tax evasion or other unlawful activity, and we may do so without prior notice where the law requires.
M-Penny provides software tools and record-keeping. Features depend on your plan and may change. We record and organise the information you and your connected sources (such as M-Pesa) provide; we do not independently verify the underlying commercial transactions. You remain the author and owner of your records and are responsible for their correctness, including issuing credit and debit notes or corrections where an entry is wrong.
M-Penny is not a bank, deposit-taker, money-remittance provider or e-money issuer, and does not hold, custody or control your funds except for collecting its own fees as you authorise. Customer payments move over licensed rails operated by third parties (for example Safaricom M-Pesa and your bank). We orchestrate and record those movements; we never take possession of your float. We are not liable for the acts, omissions, outages, charges or reversals of those payment providers.
All content, calculations, statements, scores, benchmarks, regulatory summaries, AI-generated guidance and other outputs are provided for general information only and do not constitute legal, tax, accounting, audit, investment or financial advice, and are not a substitute for advice from a qualified professional. Auto-prepared figures and statements are a management aid and are not audited accounts. You are solely responsible for decisions you take based on the service and should confirm material matters with KRA, the CBK, your accountant or your advocate. AI features may produce inaccurate or incomplete results; you must review outputs before relying on or publishing them.
Where you instruct us, M-Penny facilitates the preparation and electronic transmission of invoices and tax information to the Kenya Revenue Authority ("KRA"), including through eTIMS. M-Penny is a facilitator only. You remain solely responsible for the accuracy, completeness and timeliness of your tax filings and payments and for your tax position. We do not guarantee acceptance by KRA, the availability of KRA systems, or any particular tax outcome, and we are not liable for penalties, interest or assessments arising from your records, your instructions, late or rejected submissions, or KRA system failures.
When you generate an invoice you authorise an M-Penny fee, prompted via an M-Pesa STK request. The total per-invoice fee is capped at 15% of the invoice value and is split across the accounts you and M-Penny have configured (for example tax reserve, subscription, loan repayment and sync fees). Fees are exclusive of any taxes that may apply, which you are responsible for. Fees and the fee structure may be adjusted by M-Penny at the platform or individual-account level; material changes will be notified in advance through the app. Authorised fees are generally non-refundable except where required by law.
Paid plans are billed in advance on a monthly basis. Access to a paid plan and its features requires that the subscription for the current period has been paid; if it has not, access may be restricted or suspended until payment is made. Plan prices are set by M-Penny and may change on notice. Free plans may be offered and may be modified or withdrawn. Except where required by law, prepaid subscription fees are non-refundable, including for partial periods.
The M-Penny referral programme is open to businesses and to individuals outside the M-Penny customer base. A participant ("Referrer") may generate a referral code or link and share it. Subject to these Terms, a Referrer may earn a referral bonus (currently KES 100) for each new business that successfully onboards using the Referrer's code, plus a commission (currently 10%) of that business's paid subscription for up to three (3) months.
Any credit, loan or advance offered through M-Penny is provided under separate, product-specific terms and, where applicable, by M-Penny or a licensed lending partner in accordance with CBK requirements (including the Central Bank of Kenya (Digital Credit Providers) Regulations). Indicative limits, scores, offers and rates shown in the app are not an offer of credit and may change. Credit is subject to assessment, your consent to Credit Reference Bureau ("CRB") reporting, affordability and eligibility. Borrow responsibly; late or non-payment may attract charges and adverse CRB listing.
The service integrates with third parties (including Safaricom M-Pesa/Daraja, KRA, banks, CRBs, AI providers and cloud infrastructure). Your use of those services may be subject to their own terms. We are not responsible for third-party services, their availability, security, accuracy, fees or changes, and their inclusion is not an endorsement.
You agree not to: use M-Penny for any unlawful purpose or for accounts that are not your own; misrepresent, falsify or omit transactions; evade tax or facilitate money laundering, fraud or sanctions breaches; infringe others' rights; upload malware; probe, scrape, overload, reverse-engineer or circumvent security or access controls; resell the service without authorisation; or use the service to build a competing product. We may investigate and take action, including suspension, for suspected breaches.
M-Penny and its licensors own all rights in the platform, software, brand, designs and content we provide. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the service for your business during the term. You retain ownership of your data; you grant us a licence to host, process and use it to provide and improve the service and as described in the Privacy Policy. Aggregated or de-identified data that cannot reasonably identify you or your customers may be used by M-Penny for analytics and product development.
We aim to keep the service available but provide it on an "as available" basis and may modify, suspend or discontinue features, or these Terms, at any time. We will give reasonable notice of material adverse changes where practicable (for example in-app). Your continued use after changes take effect constitutes acceptance.
To the maximum extent permitted by law, the service and all outputs are provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted or error-free operation. Nothing in these Terms excludes liability that cannot be excluded under Kenyan law, including under the Consumer Protection Act, 2012.
To the maximum extent permitted by law, M-Penny, its directors, employees, partners and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data, business, or anticipated savings, or for penalties, interest or assessments imposed by any authority, arising out of or in connection with the service, even if advised of the possibility.
To the maximum extent permitted by law, M-Penny's total aggregate liability for all claims arising out of or relating to the Agreement, whether in contract, tort (including negligence) or otherwise, is limited to the total fees you actually paid to M-Penny in the three (3) months immediately preceding the event giving rise to the claim. These limits do not apply to liability that cannot be limited under Kenyan law.
You agree to indemnify and hold harmless M-Penny and its directors, employees and partners from and against any claims, demands, losses, liabilities, penalties, fines, costs and expenses (including reasonable legal fees) arising from or related to: your data or records; your tax filings, instructions or obligations; your breach of the Agreement or of any law; your referral or marketing activity; or your infringement of any third-party right.
You may stop using the service at any time. We may suspend or terminate your access, immediately and without liability, for non-payment, suspected fraud or abuse, legal or regulatory requirement, or material breach. On termination your licence ends; we will retain or delete data in line with the Privacy Policy and applicable record-keeping law. You remain responsible for any amounts accrued before termination. Sections that by their nature should survive (including fees due, IP, disclaimers, liability, indemnity, governing law) survive termination.
We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, outages or failures of telecommunications, electricity, the internet, M-Pesa, banking or KRA systems, cyber-attacks, changes in law, governmental action, strikes or civil unrest.
The Agreement is governed by the laws of the Republic of Kenya. The parties will first attempt to resolve any dispute amicably through good-faith negotiation. If unresolved within thirty (30) days, the dispute will be referred to and finally resolved by arbitration by a single arbitrator under the Arbitration Act, 1995, seated in Nairobi and conducted in English; the arbitrator's award is final and binding. Nothing prevents either party from seeking urgent interim relief from the courts of Kenya, which otherwise have exclusive jurisdiction. You agree to bring claims only in your individual capacity and not as part of any class or representative action, to the extent permitted by law.
If any provision is found unenforceable, the rest remains in effect and the provision will be modified to the minimum extent necessary. Our failure to enforce a right is not a waiver. You may not assign the Agreement without our consent; we may assign it to an affiliate or successor. The Agreement does not create any partnership, agency or employment between us. Notices to you may be given in-app, by SMS or email. Headings are for convenience only. This is the entire agreement and supersedes prior understandings on its subject matter.
M-Penny Ltd — Nairobi, Kenya. Support: support@mpenny.ke · Legal: legal@mpenny.ke · Data protection: privacy@mpenny.ke.
These Terms are provided in good faith to govern use of the M-Penny platform. They should be reviewed and finalised by a licensed Kenyan advocate before commercial launch and updated as the product, partners and regulatory environment evolve.