Terms of Service

1. Parties & Definitions

In these Terms of Service:

• "PesaStack," "we," "us," "our" — PesaStack Limited, a private limited company registered in the Republic of Kenya, trading as Risiti. Contact: hello@getrisiti.com.
• "Risiti" — The web application and associated services available at getrisiti.com and via mobile apps.
• "User," "you," "your" — Any individual or business entity that registers for and uses the Service.
• "KRA" — Kenya Revenue Authority, the government body responsible for tax administration in Kenya.
• "eTIMS" — The electronic Tax Invoice Management System operated by KRA for real-time electronic tax invoice generation and transmission.
• "OSCU" — Online Sales Control Unit, the system-to-system API through which Risiti transmits invoices to KRA's eTIMS on your behalf.
• "Invoice Data" — All data you enter into Risiti for invoice generation: buyer details, item descriptions, quantities, prices, and tax information.
• "Subscription" — Your paid access to the Service, billed monthly or annually via M-Pesa.
• "Service" — Everything Risiti provides, including the web app, mobile apps, APIs, invoice generation, KRA transmission, SMS notifications, and customer support.

2. About Risiti

Risiti is a SaaS (Software as a Service) invoicing tool that integrates with KRA's eTIMS system as a certified third-party OSCU vendor. When you create an invoice on Risiti, we generate a KRA-compliant invoice and transmit it to KRA's eTIMS system in real time on your behalf.

3. Eligibility

To use Risiti, you must:

• Be at least 18 years of age, or a duly registered business entity in Kenya acting through an authorized representative who is at least 18 years old.
• Hold a valid KRA Personal Identification Number (PIN).
• Provide accurate, complete, and current information during registration and keep it updated.
• Be legally authorized to conduct business in Kenya and to issue tax invoices.

By registering, you confirm that you meet these requirements. PesaStack reserves the right to verify your details and suspend access if eligibility cannot be confirmed.

4. Account Registration & Security

You are responsible for:

• Providing accurate business information including your KRA PIN, business name, and contact details.
• Keeping your login credentials confidential. Do not share your password with anyone.
• All activities that occur under your account, whether or not authorized by you.
• Notifying us immediately at hello@getrisiti.com if you suspect unauthorized access to your account.

Each KRA PIN may be associated with only one active Risiti account.

5. KRA eTIMS Liability — Please Read Carefully

PesaStack facilitates eTIMS invoice generation and transmission but makes no guarantees about KRA acceptance, tax compliance, or audit outcomes. Specifically:

• Not tax advice. Risiti is software. PesaStack is not a licensed tax consultant, accountant, or auditor. Nothing in the Service constitutes tax advice. Consult a qualified tax professional for compliance guidance.
• You own your data accuracy. We transmit Invoice Data exactly as you provide it. If your item descriptions, amounts, VAT calculations, or buyer PINs are incorrect, the resulting KRA submission will be incorrect. PesaStack is not responsible for tax penalties, disallowed expenses, rejected VAT claims, or KRA audits arising from data errors you introduced.
• KRA acceptance is not guaranteed. KRA's eTIMS system may reject invoices for reasons entirely outside our control — system downtime, API changes, policy updates, or data validation failures on KRA's side. We automatically retry failed submissions, but cannot guarantee ultimate acceptance.
• KRA system availability is outside our control. Downtime, maintenance, or outages of KRA's eTIMS infrastructure are beyond PesaStack's control. We are not liable for any loss arising from KRA system unavailability.
• API and policy changes. KRA may change its eTIMS API specifications, integration requirements, or revoke vendor licenses. If this happens, we will work to restore functionality as quickly as possible, but we are not liable for any period during which the Service is affected.
• Maintain independent records. Do not rely on Risiti as your sole record-keeping system. Maintain your own copies of invoices, receipts, and financial records as required by the Tax Procedures Act, 2015.

6. Subscription & Payment

6.1 Plans

Risiti offers the following subscription plans:

• Jipange — KES 1,500/month (up to 30 invoices per month)
• Biashara — KES 2,500/month (unlimited invoices)
• Kinga — KES 3,500/month (unlimited invoices + supplier alerts + team access)
• Furahia — KES 15,000/year (all features, equivalent to KES 1,250/month)

Plan features and prices may change. We will give you 30 days' notice of any price increases before they apply to your subscription.

6.2 Free Trial

New users receive a free trial period. No payment is required during the trial. At the end of the trial, you must subscribe to a paid plan to continue creating new invoices. You can still view and export invoices created during the trial on any plan.

6.3 Billing via M-Pesa

All subscription payments are processed via Safaricom's M-Pesa Daraja API (STK Push). By subscribing, you authorize PesaStack to initiate M-Pesa payment prompts to your registered phone number. We do not store your M-Pesa PIN or access your M-Pesa balance at any time.

Subscriptions auto-renew at the end of each billing period unless you cancel before the renewal date. You will receive an SMS reminder 3 days before renewal.

6.4 M-Pesa Disclaimer

M-Pesa is a product of Safaricom PLC. PesaStack is not affiliated with, endorsed by, or a subsidiary of Safaricom. Payment processing is subject to Safaricom's own terms and conditions, network availability, transaction limits, and applicable fees. PesaStack is not responsible for:

• M-Pesa network downtime or failed transactions caused by Safaricom's infrastructure.
• M-Pesa transaction limits that prevent a payment from completing.
• Delays in payment confirmation caused by Safaricom's systems.
• Safaricom transaction charges, which apply as per Safaricom's published rates.

6.5 Failed Payments & Grace Period

If a payment fails, your account enters a 3-day grace period during which you retain full access. If payment is not completed within 3 days, your account will be set to read-only mode — you can view and export your existing invoices but cannot create new ones. Full access is restored immediately upon successful payment.

6.6 Refunds

Monthly subscriptions are non-refundable once the billing period has started. Annual subscriptions may be cancelled within 14 days of purchase for a pro-rata refund of the unused portion. After 14 days, annual plans are non-refundable. To request a refund, email hello@getrisiti.com.

7. Service Availability

PesaStack targets 99.5% uptime for the Risiti platform but does not guarantee uninterrupted service. Planned maintenance windows will be communicated in advance where practicable.

PesaStack is not liable for service interruptions caused by:

• KRA eTIMS system outages or maintenance.
• Safaricom M-Pesa network outages.
• Africa's Talking SMS infrastructure issues.
• Internet infrastructure failures beyond our control.
• Government regulatory orders, force majeure events, or acts of God.
• Outages of our cloud infrastructure provider (Convex).

8. Data Ownership & License

You retain full ownership of your Invoice Data and all business data you input into Risiti. PesaStack claims no intellectual property rights over your data.

By using the Service, you grant PesaStack a limited, non-exclusive, worldwide license to store, process, and transmit your data solely for the purpose of providing the Service — including transmitting invoices to KRA on your behalf. This license ends when you close your account.

Upon account closure, you have 30 days to export your data. See our Privacy Policy for full details on data retention and deletion.

9. Intellectual Property

The Risiti platform, including its software, source code, interfaces, branding, logos, and documentation, is the property of PesaStack Limited and is protected under Kenyan and international intellectual property law.

You receive a limited, non-exclusive, non-transferable, revocable license to use the Service for the purpose of managing your business invoicing. You may not copy, modify, distribute, sublicense, sell, reverse-engineer, or create derivative works from any part of the Service.

10. Prohibited Use

You agree not to use Risiti to:

• Issue fraudulent, fictitious, or inflated invoices.
• Facilitate tax evasion, money laundering, or any other illegal activity.
• Create invoices for transactions that did not occur.
• Share your account credentials with unauthorized third parties.
• Attempt to hack, reverse-engineer, or exploit the platform.
• Transmit malware, viruses, or conduct cyberattacks via the platform.
• Resell or sublicense access to Risiti without PesaStack's written consent.

Violation of these prohibitions may result in immediate account suspension, reporting to KRA and/or law enforcement, and civil legal action. See our Acceptable Use Policy for more detail.

11. Limitation of Liability

To the maximum extent permitted under the laws of Kenya:

• PesaStack's total aggregate liability to you for all claims arising from or related to the Service shall not exceed the total subscription fees paid by you in the 12 months immediately preceding the event giving rise to the claim.
• PesaStack shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, revenue, data, business opportunity, or goodwill.
• PesaStack shall not be liable for KRA tax penalties, audit costs, disallowed expenses, rejected tax returns, or any financial loss resulting from incorrect Invoice Data you submitted through the Service.
• PesaStack shall not be liable for losses caused by KRA system failures, changes to eTIMS specifications, or government regulatory actions.

12. Termination

• By you: You may cancel your subscription and close your account at any time via the Settings page in the app, or by emailing hello@getrisiti.com. Upon closure, you have 30 days to export your data.
• By PesaStack: We may suspend or terminate your account immediately if we have reasonable grounds to believe you are: using the Service for fraudulent invoicing; materially breaching these Terms; failing to pay after the grace period; or if required to do so by KRA or a Kenyan court or law enforcement authority.
• Effect of termination: Upon account closure, your data is preserved in read-only form for 30 days to allow export. After 30 days your account is soft-deleted. Invoice records are retained for 7 years as required by the Tax Procedures Act, 2015, even if your account is closed. See our Privacy Policy.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be referred to arbitration in Nairobi under the rules of the Nairobi Centre for International Arbitration (NCIA). The language of arbitration shall be English. The arbitral award shall be final and binding.

Nothing in this clause prevents either party from seeking urgent interim relief from a Kenyan court.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you via email and in-app notification at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service before they take effect.

15. Contact

For questions about these Terms, contact us:

• Email: hello@getrisiti.com
• Website: getrisiti.com
• Company: PesaStack Limited, Nairobi, Kenya