sendaya

Version 2026-09-05-draft-1

DRAFT NOTICE. This document is a draft prepared for review by qualified legal counsel in each launch jurisdiction and does not constitute legal advice. Anything in square brackets — for example [SENDAYA OPERATING ENTITY] — is a placeholder that must be completed before the document is issued to a real user.

Sendaya — Terms of Service

Version: 2026-09-05-draft-1 Effective on acceptance. Superseded automatically when a new version is published; existing Users will be prompted to accept the new version at their next authenticated session on each channel.

Plain-language summary of the whole document. Sendaya is a way for a family member abroad (the Sender) to hold money for an elderly relative in Africa (the Senior) and let them spend it locally through a phone call, a text, a WhatsApp chat, an app, or a code they take to a physical agent. Money sits in the Sender's home currency (USD, EUR, or GBP) in a segregated bank account offshore. It is only converted to the local currency (NGN, GHS, KES) at the moment the Senior actually spends it. There is one wallet per Senior, and the whole family Circle can top it up. The Senior never sees a balance shown to the agent. Sendaya will never call, text or message the Senior first, and will never ask them for their PIN. Cash-outs use one-time codes and require the Senior's own PIN. There are limits, whitelists, thresholds, a duress PIN, a Scam Shield freeze, Trusted Voices audio messages, inactivity escalation to a chosen Beneficiary, and a rule that agents only ever see the exact local amount to hand over — not the wallet balance. Everything is written down here, including how the FX rate is set, how disputes are resolved, and what happens if the Senior dies, becomes incapacitated, or the account is inactive for a long time. This is a draft prepared for review by qualified legal counsel in each launch jurisdiction and does not constitute legal advice.

1. Parties and Contracting Entity

1.1 Plain-language summary

This section says who you are contracting with. The default is the Sendaya operating entity named below, but if your family or Senior signed up through a "white-label" partner (a bank, a mobile network operator, or a remittance company), then the contract is with that partner, using the same terms.

1.2 The Sendaya operating entity

The Service is provided by [SENDAYA OPERATING ENTITY], a company incorporated in [JURISDICTION OF INCORPORATION] with registration number [COMPANY NUMBER] and registered office at [REGISTERED OFFICE ADDRESS]. In these Terms, that entity is called "Sendaya", "we", "us" or "our".

Sendaya operates through country-specific subsidiaries, branches, or partnerships as listed in the Country Annexes at the end of these Terms. The specific Sendaya group entity that contracts with you depends on your country of residence and the country in which the Senior receives funds. In every case the substantive rights and obligations in these Terms apply; the Country Annex may name a different contracting entity or a different regulator without changing the core protections.

1.3 White-label tenants

The Service is also offered under the brand of banks, mobile network operators, remittance companies, and other financial institutions ("Tenants"). Where you use the Service under a Tenant's brand, the following applies:

  • (a) Your contract for the payment service itself is with the Tenant, unless the Tenant's onboarding flow expressly states otherwise. The Tenant is your regulated counterparty for the money-transmission service.
  • (b) The technology platform on which the Service runs is operated by Sendaya as a processor/technology provider to the Tenant, under a separate Tenant Data Processing Addendum ("Tenant DPA"), and Sendaya is a joint controller for a limited set of personal data required to operate cross-tenant fraud, sanctions screening, and platform reliability functions (see the Privacy Policy).
  • (c) These Terms apply as the contractual baseline. The Tenant may not vary these Terms in a way that reduces a User's rights below the baseline set out here. Any additional Tenant terms sit on top and apply cumulatively.
  • (d) You can identify the Tenant of any Sendaya Account by checking the branding in the app, the "About" screen in Settings, the IVR welcome message ("This is <Tenant> on Sendaya"), or by asking any Sendaya support channel.

1.4 Users

"User" means any natural person or legal entity that uses the Service, including Senders, Seniors, Guardians, Beneficiaries, Circle members, Agents, Tenant staff, and Ops staff. A single natural person may act in more than one User role at different times. Where a term of this document applies only to one User role, that role is called out expressly.

1.5 Regulator and contact information

Sendaya's regulators and complaints contacts are named in the Country Annex applicable to your country. Sendaya's general contact address is [SUPPORT@EMAIL]. Sendaya's Data Protection Officer, where required by law, is reachable at [DPO@EMAIL] and physical correspondence should be sent to [REGISTERED OFFICE ADDRESS], marked "Attn: DPO".

2. Definitions

Capitalised terms in these Terms have the meanings given below unless the context requires otherwise. Definitions are alphabetical for convenience.

  • "Account" means a Sendaya wallet held for a Senior, together with the ancillary records (Circle, whitelists, allowance schedules, goal jars, medicine wallet, Requests, and Trusted Voices) attached to it.
  • "Agent" means an independent contractor authorised to accept, verify and pay out cash against a Cash-out Code at an agent location, subject to the Agent Agreement.
  • "AML/CTF" means anti-money-laundering and counter-terrorism-financing rules applicable in a given jurisdiction.
  • "Applied Rate" means the FX rate at which a base-to-local conversion actually posts, being the Mid Rate adjusted by the Spread and any regulator-mandated adjustments.
  • "Base Currency" means the currency in which the Senior's Account is denominated for holding purposes: USD, EUR, or GBP.
  • "Beneficiary" means a natural person designated in the Senior's profile to receive Account funds if the Senior dies or becomes incapacitated for a sustained period, subject to Section 12.
  • "Biller" means a third-party merchant (utility, pharmacy, school, mobile top-up provider, hospital) whose services can be paid for from the Account under Section 10.
  • "Cash-out Code" means a numeric one-time code issued to the Senior to be presented to an Agent for cash payout in the Local Currency.
  • "Circle" means the Sender, any Guardians the Sender has invited, and any other Sender-role Users who co-fund the same Account.
  • "Custody Bank" means a bank at which Sendaya maintains one or more Custody Pools.
  • "Custody Pool" means a segregated client-money account held by a Custody Bank in a specified currency (USD, EUR, GBP, NGN, GHS, KES) in which User funds are held.
  • "Duress PIN" means a Senior-set PIN that, when entered, causes the Service to behave as if the primary PIN had been used (returning a decoy low balance) while silently notifying Sender and Ops of a suspected duress event.
  • "Fee Schedule" means the fee document referenced in Section 13, published at [SENDAYA.COM/FEES] and delivered in-app on request, as updated from time to time with the notice required by Section 24.
  • "FX Rate" is a synonym of Applied Rate unless the context indicates the underlying Mid Rate.
  • "Goal Jar" means a labelled sub-account within the Senior's wallet designated for a specific saving purpose.
  • "Guardian" means a User invited by the Sender to co-manage a Senior's Account with limited permissions set by the Sender.
  • "KYC" means know-your-customer identity verification procedures required by law and by these Terms.
  • "Local Buffer" means an FX-averaged reserve of Local Currency maintained inside the Senior's Account to fund routine cash-outs without triggering a new FX conversion for each one.
  • "Local Currency" means the currency of the Senior's country of residence at the time of use, currently NGN, GHS, or KES; extensible by publication at [SENDAYA.COM/COUNTRIES].
  • "Medicine Wallet" means a restricted sub-account inside the Account, spendable only at Biller categories tagged "pharmacy" or "hospital".
  • "Mid Rate" means the median of the reference rates returned by Sendaya's independent FX data providers at the moment of quotation, after outlier rejection.
  • "Ops Staff" means Sendaya employees or authorised contractors performing operational, compliance, or support functions.
  • "PIN" means a Senior's primary numeric personal identification number used to authorise transactions.
  • "Rail Partner" means a payment infrastructure provider (bank rail, mobile-money provider, aggregator) used to move value into or out of a Custody Pool.
  • "Request" means a purpose-tagged spend proposal generated by the Senior or by a Circle member requiring Circle approval before it can be released to a Biller or Cash-out.
  • "Scam Shield" means the Senior-triggerable and Sender-triggerable freeze feature described in Section 11.
  • "Sender" means an adult Circle member who funds a Senior's Account and who acts as the contracting principal on the Sender side of the Service.
  • "Senior" means the recipient natural person, registered in the Service as receiving funds from a Sender.
  • "Service" means the Sendaya platform including all channels described in Section 5 and all functions described in Sections 10, 11 and 12.
  • "Spread" means the difference (expressed in basis points) between the Mid Rate and the Applied Rate, retained by Sendaya as FX revenue.
  • "Tenant" has the meaning given in Section 1.3.
  • "Trusted Voice" means a short pre-recorded audio message from a Circle member played back to the Senior at the start or end of a session or attached to a Cash-out or Request notification.
  • "Whitelist" means the Senior's list of approved recipients or Agents; entries outside the Whitelist are blocked or require Sender approval per Section 11.

Words in the singular include the plural and vice versa. References to a statute or regulation include any subordinate legislation and any successor legislation. References to "writing" include electronic communications delivered through the Service. Headings are for convenience and do not affect interpretation.

3. Eligibility and Registration

3.1 Plain-language summary

The Sender must be an adult. A Senior can only be registered with their genuine consent, spoken aloud on the IVR channel or witnessed by a field agent using the assisted registration flow. Sendaya will never register a Senior in secret. Vulnerable people are protected by specific safeguards, including limits on how much of the Circle can see and a rule against changing Beneficiary designations under pressure.

3.2 Sender eligibility

A Sender must be a natural person aged 18 or over, resident in a country supported by Sendaya at the time of registration, and able to enter into a binding contract under the law of their country of residence. A Sender must supply true and complete registration information, including full legal name, government-issued identity document, residential address, and a working phone number. False information is a material breach and voids these Terms as against Sendaya from the date it is provided.

Corporate Senders (charities, care services, employer-sponsored arrangements) are permitted only under a separate written agreement with Sendaya; the standard Sender flow is designed for individual Senders.

3.3 Senior eligibility and consent

A Senior must be a natural person, resident in a country supported by Sendaya, and able either (a) to give informed consent to the registration or (b) to have a lawfully appointed guardian, deputy, or attorney give consent on their behalf.

A Senior may only be registered by:

  • (a) their own action, calling the IVR line and stepping through the registration flow;
  • (b) a Sender identifying the Senior in the Sender app, followed by a consent confirmation by the Senior on their own device or on an IVR/USSD/WhatsApp/SMS callback ("remote consent"); or
  • (c) a Sender identifying the Senior in the Sender app, followed by an assisted registration session performed by a Sendaya field agent in the Senior's physical presence, using the Field App's assisted-acceptance flow (Section 5.6 and Section 25.4).

Sendaya prohibits, and any Sender or Agent acknowledging these Terms agrees not to attempt, the registration of a Senior without the Senior's actual knowledge and consent. Any account so created will be frozen on discovery and funds returned to the Sender minus AML holds and lawful expenses.

3.4 Capacity, guardianship, and vulnerable persons

Where a Senior lacks decision-making capacity in respect of the Account, the Sender must supply, on request, evidence of lawful authority to act (power of attorney, deputyship order, court order, or equivalent under the applicable law). Sendaya may refuse to open or continue an Account where it reasonably suspects that the arrangement would result in financial abuse of a vulnerable adult, and may report suspected abuse to the relevant authorities in accordance with the local law. Vulnerable-consumer duties applicable in the UK (FCA Consumer Duty), EU (Payment Services Directive vulnerable-consumer guidance), Kenya (Consumer Protection Act 2012), Nigeria (Consumer Protection Framework and CBN Consumer Protection Regulations), and Ghana (Bank of Ghana Consumer Recourse Mechanism Guidelines) apply cumulatively with these Terms.

Circle visibility for a Senior identified as vulnerable is limited by default: only the primary Sender sees full transaction history; other Guardians see only aggregate balance and pending Requests unless the Senior explicitly opts to widen visibility (see Privacy Policy Section 8 and Section 13).

3.5 Beneficiary and next-of-kin designation

A Senior may nominate a Beneficiary at any time via IVR, USSD, the Senior app, or an assisted flow with a field agent. Nominations require voice authentication (a matching voice sample) and are subject to a 72-hour "cooling-off" window before they take effect, during which the Sender is notified and any prior Beneficiary is notified. A Sender may propose a Beneficiary but only the Senior may confirm one. Beneficiary changes made under a Duress event (Section 11.4) are automatically void and the previous Beneficiary is restored.

3.6 Multiple wallets, multiple Senders

A Senior may have only one Sendaya Account. Multiple Senders may co-fund the same Account through the Circle mechanism (Section 4). Attempts to open a second Account for the same Senior will be blocked at KYC.

4. Account Structure

4.1 Plain-language summary

Each Senior has exactly one wallet. Family members can co-fund it as a Circle. The Sender is the primary controller. The Senior is always the person who spends. A Beneficiary is who inherits.

4.2 One wallet per Senior

Each Senior has exactly one Sendaya wallet denominated in the Base Currency, plus a Local Buffer sub-account denominated in the Local Currency for routine cash-outs, and any Goal Jars or Medicine Wallet sub-accounts the Circle enables. All balances are held to the smallest currency unit (minor units, e.g., cents, kobo, pesewa).

4.3 Circle co-funding

A Sender may invite other adult family members to join the Circle for a given Senior. Each Circle member funds the same wallet from their own funding method. Circle members' contributions are pooled at the wallet level; individual contribution history is preserved in the ledger and visible to the contributor. A Circle member is not entitled to withdraw funds contributed by other Circle members; the Senior spends against the pool as a single balance.

4.4 Guardianship permissions

A Sender may promote a Circle member to Guardian, granting the following permissions (each independently toggleable): (a) view balance and history; (b) approve pending Requests; (c) issue Cash-out Codes on the Senior's behalf; (d) manage Whitelist entries; (e) trigger Scam Shield. Guardianship does not confer the right to change Beneficiary, change PIN, close the Account, or vary the Duress PIN. Guardianship permissions are visible to the Senior on the IVR menu ("Press 8 to hear who has access to your Account") and can be revoked by the Senior at any time by voice PIN.

4.5 What a Sender can do

A Sender may: fund the wallet from an accepted funding method; view balance and transactions; propose but not confirm Beneficiary; set allowance schedules; add or remove Whitelist entries; approve or decline Requests; freeze or pause the Account under Scam Shield; issue Cash-out Codes on the Senior's behalf (which still require the Senior's PIN at redemption); download statements; close the Account.

A Sender may not: change the Senior's PIN or Duress PIN; confirm a Beneficiary change; override a Senior-triggered Scam Shield without cooling-off; access recordings marked "Senior-private"; instruct an Agent to pay out without a Senior-authenticated Cash-out Code.

4.6 What a Senior can do

A Senior may: hear their balance; hear their recent activity; record and play Trusted Voice messages to their Circle; request or issue Cash-out Codes within limits set by the Sender; add or remove Whitelist entries subject to the Sender's approval flag; change their own PIN and Duress PIN; nominate or change a Beneficiary; trigger Scam Shield; close the Account (with Sender notification and a 30-day cooling-off period).

A Senior does not need to accept a Sender-initiated Whitelist addition to spend at pre-approved locations, but their own additions may require Sender approval per the Sender's chosen policy.

5. Channels

5.1 Plain-language summary

The Service is designed so the Senior does not need a smartphone. It works over an IVR voice call, a USSD short-code, an SMS keyword, a WhatsApp chat, a missed-call callback, or a Senior app. All channels are recorded for the Senior's protection. Sendaya will never call, text or message you first.

5.2 Supported channels

The Service supports the following channels for Senior interaction:

  • (a) IVR — voice call to a Sendaya-provisioned local number, using DTMF (touch-tone) input;
  • (b) USSD — a short-code session on the Senior's mobile phone;
  • (c) SMS — short-code SMS to a Sendaya sender ID using published keywords;
  • (d) WhatsApp — the Sendaya business number on the WhatsApp Business Platform (operated by Meta Platforms Ireland Limited);
  • (e) Missed-call callback — a "beep" to a Sendaya number that causes Sendaya to call the Senior back;
  • (f) Senior App — an optional native mobile application, offered where the Senior chooses to use a smartphone.

Sender and Agent Users interact via native mobile apps and (for Ops Staff) via a web dashboard. Field agents use a dedicated Field App optimised for in-person onboarding.

5.3 Carrier charges

Standard carrier charges apply to IVR, USSD, SMS, and mobile data. Sendaya does not receive any share of these charges from carriers, except where explicitly disclosed for a specific arrangement in a Country Annex. Missed-call callbacks are answered by Sendaya at no telephony cost to the Senior beyond the initial "beep".

5.4 Session recording

All IVR sessions are recorded for the Senior's protection and for audit. Recordings are retained per the Privacy Policy Section 10 and are accessible to Ops Staff on a strict need-to-know basis. Sender-visible transcripts are provided in redacted form only. USSD/SMS/WhatsApp messages are stored as messages. All Service interactions are logged with timestamp, channel, and outcome.

5.5 Recognising genuine Sendaya contact

Sendaya will never initiate contact with a Senior first. Any inbound IVR/SMS/WhatsApp interaction is a callback in response to a Senior-originated action (a call to our number, a missed call, or a session initiation). Any WhatsApp business message from Sendaya only follows an in-session interaction. Sendaya will never ask for a PIN, Duress PIN, or password over any channel, whether inbound or outbound. Any communication claiming to be from Sendaya and asking for a PIN is fraudulent; report it via the numbers listed in the Country Annex.

To help Seniors recognise genuine Sendaya contact:

  • (a) Sendaya's IVR always opens with the Senior's chosen language selection and never asks for the PIN before playing the anti-scam reminder.
  • (b) Sendaya's SMS messages always end with the exact string "Sendaya will never text you first" in the Senior's chosen language.
  • (c) Sendaya's WhatsApp messages always include the Sendaya verified badge on the sender profile and never contain shortened links to non-sendaya. domains.
  • (d) Sendaya's Agents wear ID cards with a scannable QR that resolves to a Sendaya-hosted verification page.

5.6 Assisted registration by field agents

Assisted registration by a Sendaya field agent (Section 3.3(c)) uses the Field App, which reads aloud the plain-language summary of these Terms and the Privacy Policy in the Senior's chosen language (via on-device text-to-speech), obtains a checkbox confirmation from the field agent that the summary was read to the Senior, obtains the Senior's own PIN entry as evidence of acceptance, and logs the interaction to the legal_acceptances register with channel field. The Senior's spoken consent is recorded and retained per Section 10 of the Privacy Policy. The field agent has no visibility of the Senior's PIN.

6. Funding

6.1 Plain-language summary

You fund a wallet from a card, a bank account, or a remittance partner in your country. Money isn't available in the wallet until it clears. If a funding is reversed by your bank, we may deduct the same amount from the wallet.

6.2 Accepted funding methods

Accepted funding methods vary by country and are listed in the Country Annex. Typical methods include debit and credit card, bank transfer, open-banking pull, and integrations with remittance partners. Sendaya reserves the right to change accepted methods at any time on 30 days' notice, except where a shorter period is required by law or by a Rail Partner outage.

6.3 Remittance-partner terms flow-down

Where a funding is initiated through a remittance partner (Wise, Remitly, Sendwave, MoneyGram, WorldRemit, Grey, etc.), the terms of that partner govern the funding leg between the Sender and the partner. Sendaya's role is to receive the settled funds and credit the wallet. Sendaya is not responsible for delays, holds, or refusals by the remittance partner, provided that once funds have irrevocably settled to Sendaya's Custody Bank, Sendaya credits the wallet within one hour of settlement notification.

6.4 Timing

Funding availability by method:

  • (a) Card and open-banking: typically credited to the wallet within 60 seconds of successful authorisation, subject to fraud-screening holds.
  • (b) Bank transfer (domestic): typically credited within one hour of settlement to the Custody Bank.
  • (c) Bank transfer (international, non-SEPA): credited on settlement, typically 1–3 business days.
  • (d) Remittance partner: credited on settlement notification from the partner.

These are indicative only and do not create a guarantee.

6.5 Failed and reversed funding

If a funding fails, is disputed, or is reversed for any reason (chargeback, unauthorised transaction, bank recall), Sendaya may:

  • (a) reverse the corresponding credit from the wallet, in whole or in part;
  • (b) freeze the wallet pending resolution;
  • (c) suspend future funding from the same method or Sender pending investigation;
  • (d) report the incident to fraud databases, regulators, or law-enforcement where legally required.

The Sender indemnifies Sendaya for any chargeback loss caused by the Sender's own funding methods, subject to any non-excludable consumer-protection rights.

6.6 Chargebacks

Chargebacks initiated by a Sender against a funding of their own wallet may be challenged by Sendaya where the funding was received, credited, and (in whole or in part) already spent by the Senior. Where a chargeback is successful and funds have already been converted or paid out, Sendaya may debit the wallet to recover the shortfall; any residual liability is between the Sender and Sendaya, not the Senior.

7. Currency and Foreign Exchange

7.1 Plain-language summary

Your money sits in your home currency until the Senior actually spends. We convert to the local currency only at the moment of use, using the median of rates from independent providers, plus a spread of typically 100 basis points which we disclose in the app and in every response. We do not guarantee rates, we do not give FX advice, and if providers disagree we stop converting until it's safe.

7.2 Custody in Base Currency

Funds in a Senior's Account are held in the Base Currency (USD, EUR, or GBP) in a Custody Pool with a Custody Bank in the jurisdiction of that currency (see Section 8 for the Custody model). Funds are not converted to Local Currency on deposit. This is the "offshore until payout" default settlement policy.

7.3 Rate sourcing

The Mid Rate for any currency pair is computed as the median of reference rates returned by at least the minimum number of independent FX data providers set in Sendaya's operational configuration (currently at least two, and typically three or more). Providers include open exchange APIs, wholesale FX data providers, and central-bank reference rate publications where available. The full provider set for a given quotation is stored in the ledger's rate_sources record.

Any provider whose returned rate deviates by more than the configured threshold (currently 200 basis points) from the median is rejected as an outlier. If, after outlier rejection, fewer than the minimum number of providers agree, the composite rate provider trips a kill-switch for that currency pair and refuses to quote until reset by Ops. During a kill-switch, incoming Cash-out and buffer top-up operations for the affected pair are queued and the User is notified via the initiating channel.

7.4 Applied Rate and disclosed Spread

The Applied Rate is the Mid Rate adjusted by the Spread. The Spread is disclosed:

  • (a) in the Sender app on every quotation screen and on every Cash-out issuance;
  • (b) in every IVR balance and Cash-out message, spoken aloud;
  • (c) in every USSD and SMS response, in the standard format Rate X, mid Y, spread Zbps;
  • (d) in the ledger fx_conversions record for every conversion;
  • (e) in the Fee Schedule as the applicable Spread band per country.

The Spread is a fee for FX conversion and is not "hidden" inside the rate. It is retained by Sendaya. In some countries the Spread may be capped by regulation; the effective cap for your country appears in the Country Annex.

7.5 Rate freeze / kill-switch

Sendaya may freeze quotations for a given currency pair without notice where:

  • (a) the kill-switch has tripped under Section 7.3;
  • (b) a Rail Partner or Custody Bank has suspended a payout;
  • (c) a regulator has imposed a capital control or exchange-rate cap that would make an ordinary Sendaya quote unlawful;
  • (d) Sendaya reasonably believes the market is dislocated to a degree that a quote at that moment would be misleading.

Frozen quotations are surfaced to the User with an ETA where available. Sender-initiated fundings still land in the wallet in the Base Currency; only conversions are affected.

7.6 No guarantee of rate movement, no FX advice

Sendaya does not guarantee any particular FX rate, does not guarantee that the rate at cash-out will be more favourable than the rate at any prior point, and does not provide investment or FX advice. The decision to convert or defer conversion is the Sender's, and where a Senior chooses to spend now versus later that is also their decision.

7.7 Local Buffer mechanics

Each Senior's Account has a Local Buffer sub-account funded to bufferWeeks (a country-configured number of weeks) of the Senior's average or scheduled allowance, at the averaged Applied Rate over the top-up window. Buffer top-ups occur on a scheduled job (currently every six hours) and after any spike detected in the Senior's spend. Buffer balances reduce the frequency and volatility of per-cash-out FX conversions, and are the reason routine daily cash-outs are "FX-shock-neutral".

7.8 Country-specific settlement variations

Some countries require by regulation that funds destined for a resident be converted to the Local Currency on arrival ("convert on arrival"). Where that regulation applies, the Sendaya country configuration sets settlement_policy to convert_on_arrival and Sections 7.2, 7.4 and 7.7 are read accordingly: the Applied Rate is applied at the moment of settlement, the wallet balance is shown in the Local Currency, and the Local Buffer is superseded by the wallet itself. Any such variation is called out in the applicable Country Annex.

7.9 No FX advice

Sendaya does not provide investment or FX advice. Users are responsible for their own financial decisions. The rate provenance disclosure is an operational transparency measure, not a recommendation.

8. Custody and Safeguarding

8.1 Plain-language summary

Your money is not "Sendaya's money". It sits in named client-money accounts at real banks, separated from Sendaya's own operating funds. If Sendaya goes out of business, those accounts do not form part of Sendaya's estate. There are multiple banks so a single bank failure does not stop cash-outs. There is no interest paid to you unless you have opted into a specific yield product.

8.2 Segregation

All User funds are held in segregated client-money accounts (or the equivalent under the relevant jurisdiction's safeguarding rules) at licensed Custody Banks. Sendaya does not treat User funds as Sendaya's own assets; they do not appear on Sendaya's balance sheet as Sendaya funds. Sendaya's accounting records the funds as a liability owed to Users.

8.3 Multiple Custody Banks

To reduce single-bank concentration risk, User funds may be held across multiple Custody Banks in each currency. The current list of Custody Banks per currency is set out in the Country Annex or on request. Allocation between Custody Banks is at Sendaya's operational discretion and does not affect a User's rights against Sendaya.

8.4 Custody-bank failure

In the event of the failure or insolvency of a Custody Bank, the affected funds are segregated User funds and, subject to applicable local law, are not available to that Custody Bank's general creditors. Where the local deposit-insurance scheme applies to segregated client accounts (as under the FSCS in the UK, the FDIC in the US at the applicable class threshold, or the NDIC in Nigeria), Sendaya will assist Users in claiming any applicable protection. Where no such scheme applies, or where funds exceed applicable protection thresholds, Sendaya will pursue recovery on Users' behalf and pay recovered funds pro-rata to affected Users, less lawful expenses.

8.5 No interest

Sendaya does not pay interest on wallet balances unless the User has opted into an explicit yield product. No yield product is currently live; Section 8.6 is prospective.

8.6 Yield product placeholder

Where a yield product is later enabled, its terms will be published separately, will require explicit opt-in, and will be governed by an addendum to these Terms. The default is "no yield". Where a yield product is enabled, it will disclose the underlying vehicle, the yield source, the risk classification, the fee arrangement, and the redemption timing, and will be subject to any specific licensing requirements in the User's country of residence.

8.7 Client-money records

Sendaya reconciles Custody Pool balances against the ledger daily. Reconciliation runs are logged in the reconciliation_runs table with status ok, drift, or error. Drift results are investigated by Ops within 24 hours and, if the drift is confirmed, adjustments are posted to the suspense account until resolved. Reconciliation reports are available to regulators on request.

9. Cash-out

9.1 Plain-language summary

You (or the Senior) generate a one-time code in the Senior's chosen currency, the Senior takes the code to a Sendaya Agent, and the Agent pays out the local amount after verifying the Senior's PIN. Codes expire after a set time. There are limits per day and per amount. The Agent never sees the wallet balance.

9.2 Issuance

A Cash-out Code is a numeric one-time code (currently 6 digits) issued in response to a Senior-initiated or Sender-initiated request. Issuance:

  • (a) reserves the corresponding amount from the wallet (Base Currency debit and Local Currency debit at the Applied Rate);
  • (b) posts a journal entry to the ledger with the FX provenance attached;
  • (c) sets the Cash-out Code status to pending;
  • (d) sets an expiry timestamp (default 30 minutes; per-country configurable — see Country Annex);
  • (e) returns the Applied Rate, Mid Rate, Spread, and expiry to the initiator through the channel used.

9.3 Redemption

To redeem a Cash-out Code at an Agent location:

  • (a) the Senior presents the Code (spoken or written) to the Agent;
  • (b) the Agent enters the Code and requests the Senior's PIN;
  • (c) the Senior enters their own PIN on the Agent's device;
  • (d) on successful PIN verification, the Agent pays out the Local Currency amount exactly as displayed;
  • (e) the Agent obtains the Senior's signature or thumbprint receipt if required by the local law;
  • (f) the Cash-out is posted as redeemed and the Sender is notified.

The Agent's device never displays the Senior's wallet balance, only the amount to be paid out.

9.4 Amount and velocity limits

Cash-outs are subject to per-country configuration:

  • (a) a maximum single-Cash-out amount;
  • (b) a maximum per-day aggregate;
  • (c) a maximum number of Cash-outs per day (velocity limit);
  • (d) an approval threshold above which the Sender must approve.

These limits are visible to the Sender in the app and to the Senior on the IVR menu.

9.5 Sender-approval thresholds

Where a Cash-out exceeds the approval threshold, a pending row is created in the approvals register, the Sender is notified, and the Cash-out is blocked until the Sender decides. The Sender's decision is recorded with timestamp, channel, and (where applicable) reason.

9.6 Witness confirmation

For Cash-outs above a country-defined "witness threshold", the Agent must record a second witness's name and identity document number on the Agent device. This is not a routine step; the witness threshold is set high (e.g., 100,000 NGN, 3,000 GHS, 40,000 KES; see Country Annex).

9.7 Agent refusal

An Agent may, and must, refuse a Cash-out where:

  • (a) the Agent reasonably suspects that the Senior is being coerced;
  • (b) the Senior appears not to understand the transaction;
  • (c) the Senior's identity does not match the record;
  • (d) the Code has expired or been previously redeemed;
  • (e) the Agent's float is insufficient (in which case the Agent must direct the Senior to another Agent).

An Agent's refusal is not a breach of these Terms and does not entitle the Senior or Sender to compensation from Sendaya, provided the refusal is bona fide.

9.8 Disputes

Cash-out disputes (alleged non-payment, short payment, wrong currency, or coercion) must be raised via the complaints procedure (Section 22) within 30 days of the transaction. Sendaya will investigate using the Agent device logs, the recording of the transaction (if IVR-initiated), and the Agent's video KYC footage where available. Where Sendaya finds against the Agent, the Senior is credited within 5 business days and the Agent's trust score is adjusted; consequences for the Agent under the Agent Agreement may include suspension or termination.

9.9 Local Buffer versus Base

A Cash-out is sourced first from the Local Buffer and then, if the Buffer is insufficient, from the Base Currency wallet with an on-demand FX conversion. Users see the same net local amount regardless of source. The Applied Rate for the on-demand portion is the current Applied Rate, disclosed on issuance.

10. Allowances, Requests, Goal Jars, Medicine Wallet, Bill-Pay

10.1 Plain-language summary

There are five ways money leaves the wallet other than a straight cash-out: an automatic allowance schedule; a Request that needs Circle approval; a Goal Jar that grows toward a target; a Medicine Wallet that can only be spent at pharmacies and hospitals; and bill-pay to a listed Biller.

10.2 Allowance schedules

A Sender may configure a recurring allowance that credits the wallet or Local Buffer on a chosen cadence (weekly, monthly). Allowances are executed by a scheduled job. Missed allowances (due to insufficient funding source) are logged and the Sender is notified.

10.3 Requests

A Request is a purpose-tagged spend proposal initiated by the Senior or a Circle member. Requests carry a category (medical, food, utility, transport, other), an amount, and an optional note. Requests above the country-configured approval threshold require Circle approval before release. Approved Requests either release a Cash-out Code or pay a Biller directly, as chosen at Request creation.

10.4 Goal Jars

A Goal Jar is a labelled sub-account inside the wallet, funded by targeted transfers. Goal Jars accrue no interest. They may be closed at any time; the balance returns to the main wallet.

10.5 Medicine Wallet restrictions

The Medicine Wallet is a sub-account whose funds may be spent only at Billers tagged in Sendaya's Biller directory as "pharmacy" or "hospital", or on Cash-out Codes flagged for medicine collection at Agents who have completed the "medicine handling" training. Any other spend attempt on the Medicine Wallet is blocked. See the Privacy Policy Section 6 on the sensitive-data treatment of Medicine Wallet activity.

10.6 Bill-pay and Biller responsibility

Sendaya facilitates payment to Billers listed in its directory. Biller listing is not an endorsement. The contract for the underlying goods or services is between the Senior (or Circle) and the Biller. Sendaya's responsibility is limited to correctly routing the payment and providing proof of payment. Disputes about non-delivery, misdelivery, or quality of goods are between the Senior and the Biller. Sendaya may assist with dispute resolution as a good-faith service but is not required to refund from the Sender's or Senior's wallet in respect of a Biller dispute unless Sendaya's own error is proven.

11. Security

11.1 Plain-language summary

The Senior has a PIN. If they are being forced to give money against their will, they can enter a "duress" PIN that behaves normally but silently alerts the family. If they lose their phone or feel unsafe they can trigger Scam Shield to freeze the wallet. Trusted Voice messages let the family voice-confirm anything critical.

11.2 PIN

The Senior sets a numeric PIN (currently 4 digits, extensible to 6). PINs are stored only as Argon2id hashes. PINs are never displayed to Sendaya staff, Agents, or Circle members. A PIN is required for every mutating action: withdraw, spend at a Biller, add a Whitelist entry, or change a Beneficiary.

11.3 Duress PIN

The Senior may configure a Duress PIN separate from the primary PIN. When the Duress PIN is entered, the Service:

  • (a) accepts the input as if it were the primary PIN;
  • (b) returns a decoy low balance (default 150 units of Local Currency);
  • (c) silently emits a DuressTriggered event to the Sender, the Ops team, and (where applicable) a designated safeguarding contact;
  • (d) does not proceed with any Cash-out or transfer regardless of what the caller subsequently instructs;
  • (e) starts a rolling 30-day trust-score penalty on the last Agent seen if the Agent was involved in the interaction.

The Duress PIN behaviour is deliberately indistinguishable to the coercer from the primary-PIN behaviour.

11.4 Trusted Voices

Circle members may record short audio messages ("Trusted Voices") that play to the Senior at defined trigger points (start-of-session, before a Cash-out, when a Whitelist addition is proposed). Consent for recording, storage, and playback is captured at recording time and is revocable. See the Privacy Policy Section 6 for the sensitive-data treatment of voice samples.

11.5 Scam Shield freeze

Either the Senior (via IVR menu code, SMS keyword FREEZE, WhatsApp button, or a missed-call special number) or a Sender (via the Sender app) may trigger a Scam Shield freeze. When triggered, the Account is frozen against all mutating operations for a default 24 hours (extendable), pending Ops review. The Senior receives a plain-language notification explaining what a freeze does and does not do. Only the Senior or Ops (not the Sender) may lift a Senior-triggered Scam Shield freeze before the timer expires.

11.6 Suspicious-activity holds

Sendaya may place a hold on an Account, in whole or in part, where an internal rule or Rail Partner reports suggest a risk of fraud, sanctions breach, or money laundering. Holds are subject to internal 24-hour review escalation and, if extended beyond 72 hours, require sign-off by a designated compliance officer. Users are notified of holds where legally permitted (Section 15 addresses tipping-off).

11.7 Account-takeover procedure

If a Sender or Senior reports an Account takeover, Sendaya will (a) immediately freeze the Account; (b) initiate identity re-verification (voice sample match for the Senior, KYC re-check for the Sender); (c) reverse any transactions that occurred within a 48-hour window prior to the report where those transactions are provably unauthorised. Where reversal is not possible (funds already withdrawn by a bona-fide-appearing Agent), Sendaya will pursue recovery and, subject to Section 20, credit the User to the extent required by applicable consumer-protection law.

11.8 Senior protection principles

Sendaya operates the following senior-protection principles, which override default UX where they conflict:

  • (a) never disclose the wallet balance to an Agent;
  • (b) never allow a Sender to remove a Senior's Beneficiary without the Senior's confirmation;
  • (c) never allow a Sender to change the Senior's PIN;
  • (d) never process a Cash-out or Biller payment without a PIN verification from the Senior directly;
  • (e) never rely on caller-ID alone for authentication;
  • (f) always play the anti-scam reminder at least once per IVR session, in the Senior's language.

12. Inactivity, Incapacity, and Death

12.1 Plain-language summary

If a Senior stops using the Service for a while, we escalate: at 90 days we notify the Sender, at 120 days we notify the Beneficiary, at 180 days we notify Ops. Funds remain with the Senior. If the Senior dies or becomes incapacitated, the Beneficiary can claim the funds with documentation.

12.2 Inactivity escalation

Where the Senior has had no Service activity for a country-configurable period (currently 90 days), Sendaya will:

  • (a) at 90 days: notify the Sender by email and in-app;
  • (b) at 120 days: notify the Beneficiary (if any) at the contact stored on the Account;
  • (c) at 180 days: escalate to Ops for a welfare check via a Sendaya field agent or a phone call to the Senior; and
  • (d) after the "dormant" threshold set by the local law of the Senior's country (which varies from 6 years in some jurisdictions to 15 years in others), treat the Account as dormant per Section 12.5.

12.3 Incapacity

Where a Sender reports that the Senior lacks capacity to manage the Account, and provides evidence of lawful authority (power of attorney, deputyship, guardianship), Sendaya may permit the appointed person to instruct the Account within the scope of that authority. Sendaya may refuse instructions where they conflict with the Senior's evident wishes or where they appear to result in financial abuse.

12.4 Death

On notification of the Senior's death, supported by an official death certificate, Sendaya will (a) freeze the Account against Cash-outs and Biller payments; (b) notify the Beneficiary (if any); (c) release the remaining balance to the Beneficiary or, in the absence of a Beneficiary designation, to the Senior's estate as identified under the applicable succession law. The release is subject to any AML holds and to a maximum 30 business days for standard cases; complex estates may take longer.

12.5 Dormant accounts and unclaimed funds

Where an Account is dormant under the applicable local dormancy law, Sendaya will transfer the balance to the statutorily prescribed unclaimed-funds body or hold the balance in a segregated dormant-funds Custody Pool until claimed. The Account will not be closed or forfeited by Sendaya in the absence of statutory authority to do so. See the Country Annex for the applicable dormancy period and the receiving body.

12.6 Documentation

The Beneficiary or estate representative must provide:

  • (a) an official death certificate (for death claims) or an official incapacity determination (for incapacity claims);
  • (b) government-issued photographic identity of the claimant;
  • (c) evidence of the claimant's relationship to the Senior (birth certificate, marriage certificate, letters of administration, or equivalent);
  • (d) a completed Sendaya beneficiary-claim form.

Sendaya may accept apostilled documents and certified translations where the originals are not in the language of the operating country.

13. Fees

13.1 Plain-language summary

Only the Sender is charged. The Senior never pays a Sendaya fee. Fees are: (i) an optional Sender subscription; (ii) an FX spread on conversion; (iii) a small cash-out fee at the Agent; (iv) a bill-pay processing fee where applicable.

13.2 Fee categories

Sendaya may charge the following fees, in each case as disclosed in the Fee Schedule:

  • (a) Sender subscription — a monthly or annual fee charged to the Sender for the Service. Free tiers may be offered.
  • (b) FX Spread — the Spread as defined in Section 2 and disclosed under Section 7.4.
  • (c) Cash-out fee — a flat or percentage fee charged on a Cash-out, borne by the Sender not the Senior.
  • (d) Bill-pay processing fee — a flat or percentage fee for Biller payments; borne by the Sender.
  • (e) Agent tip — a voluntary tip to the Agent; entirely optional, disclosed as separate from Sendaya fees.

13.3 No fees to the Senior

Sendaya does not charge the Senior for any Service action. Any deduction visible to the Senior at Cash-out is either an Agent-level fee disclosed at issuance (if applicable), an FX Spread (which sits inside the local amount, not on top of it), or a regulator-mandated fee named in the Country Annex.

13.4 Fee Schedule and changes

The current Fee Schedule is published at [SENDAYA.COM/FEES] and is available in-app under Settings → Fees. Changes to the Fee Schedule require the notice period in Section 24.4. In no case will a fee change apply retroactively.

14. Agents

14.1 Plain-language summary

Agents are independent local businesses who partner with Sendaya to pay out cash. They are not employees. They agree to a separate Agent Agreement that includes conduct rules. If an Agent misbehaves, Sendaya's trust score system reduces their volume and, on serious breaches, terminates them.

14.2 Independent contractor status

Agents are independent contractors. They are not employees, joint venturers, or partners of Sendaya. The Agent Agreement (located at /legal/AGENT_AGREEMENT.md and delivered in the Agent app on first log-in) governs the Agent–Sendaya relationship.

14.3 Agent float

Agents maintain a float balance with Sendaya against which Cash-outs are settled. Float top-ups are made by the Agent from their own funds; float withdrawals are made on request subject to Sendaya's fraud checks. Agent float is not a wallet in the Senior sense and is not client money for the purposes of Section 8.

14.4 Liability allocation for Agent misconduct

Where an Agent breaches the Agent Agreement in a way that causes loss to a Senior or Sender, Sendaya will make the User whole to the extent required by applicable consumer-protection law and by these Terms, and will recover from the Agent under the Agent Agreement (which contains a matching indemnity to Sendaya). Sendaya's liability to the User is not reduced by the fact that the Agent is an independent contractor, subject to the limitation-of-liability provisions in Section 20 and to the applicable local consumer-protection floor.

14.5 Prohibited Agent conduct

Agents may not: charge unauthorised fees; ask a Senior for their PIN outside the Agent-app PIN pad; retain a Cash-out Code after redemption or refusal; pay out a different amount than the amount displayed; solicit tips as a condition of service; disclose Senior information to third parties. Violations are enforced under the Agent Agreement.

15. Prohibited Uses, AML/CTF and Sanctions

15.1 Plain-language summary

Don't use Sendaya for anything illegal. We're required by law to verify identities, screen for sanctions, and report suspicious activity. We may ask for documents. If we do, please don't tell anyone we asked (tipping-off).

15.2 Prohibited uses

You may not use the Service for:

  • (a) any activity that is illegal under the law of your country of residence, the Senior's country, or the jurisdiction of any Custody Bank or Rail Partner;
  • (b) financing terrorism, laundering the proceeds of crime, or evading sanctions;
  • (c) transacting with individuals or entities on any relevant sanctions list;
  • (d) purchasing goods or services from Prohibited Merchant Categories (as published on [SENDAYA.COM/PROHIBITED], including but not limited to adult content, weapons, drugs not lawfully prescribed, gambling in restricted jurisdictions, and unlicensed pyramid schemes);
  • (e) impersonating another User;
  • (f) automating the Service by non-authorised means or circumventing rate limits.

15.3 AML/CTF obligations

Sendaya is subject to applicable AML/CTF laws in every jurisdiction in which it operates. This includes customer due diligence at onboarding, ongoing monitoring, and suspicious-activity reporting. Sendaya may require additional documentation at any time, and may freeze an Account pending resolution.

15.4 KYC obligations

Both Senders and Seniors are subject to KYC. Standard requirements include government-issued identity, evidence of address (Sender only), and (for Seniors) a voice sample for anti-fraud voice-matching (see Privacy Policy Section 6). Additional evidence may be required for higher-value or higher-risk cases.

15.5 Right to request documents

Sendaya may request further documentation at any time, before or during Service use, for AML, sanctions, tax, or safeguarding reasons. Failure to provide documents within a reasonable period (typically 30 days) may result in Account freeze or termination.

15.6 Reporting obligations

Sendaya is required to report certain suspicious transactions or Users to national Financial Intelligence Units (FIUs) or equivalent authorities without notifying the User in advance. This is called "tipping-off avoidance" and is required by law.

15.7 Tipping-off prohibition

Users must not disclose to any third party the fact that Sendaya has requested AML/CTF information from them, or that Sendaya has filed or is considering filing a suspicious-activity report, except to their own legal advisers under privilege.

16. Tenants and White-Label

16.1 Plain-language summary

If you got here through a bank or MNO branded product, these terms still apply, and privacy is a joint responsibility of the bank/MNO (as the primary controller) and Sendaya (as the platform).

16.2 Controller-processor and joint-controller status

Under white-label, the Tenant is the primary controller for personal data of Users in the Tenant channel. Sendaya is a processor for the payment-service data, and a joint controller with the Tenant for a limited set of platform-level personal data (fraud signals, sanctions hits, Rail-Partner reconciliation, cross-tenant device fingerprints used for scam detection). The scope of joint-controllership is set out in the Tenant DPA and in Section 8 of the Privacy Policy.

16.3 Branding

The Tenant controls its branding. The Tenant may not misrepresent Sendaya's identity or the fact that the platform is Sendaya-operated. The Sendaya "operated on Sendaya" mark appears in the About screen and, where required by the applicable regulator, in the on-page branding.

16.4 Substantive Terms unaffected

Nothing in a white-label arrangement varies the substantive rights and obligations of Users under these Terms. A Tenant may not reduce a User's rights below the baseline in these Terms.

17. Intellectual Property

17.1 Plain-language summary

Sendaya owns the software and the brand. You get a personal, revocable licence to use the app. Feedback you give us we can use for improving the product.

17.2 Ownership

Sendaya (or its licensors) owns all intellectual property in the Service, the apps, the platform, the documentation, and the brand. Nothing in these Terms transfers ownership to the User.

17.3 Licence to use apps

Sendaya grants the User a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the Sendaya apps on devices they own or control, solely to access the Service. This licence terminates automatically on termination of these Terms.

17.4 Feedback

Feedback provided by the User to Sendaya (bug reports, feature suggestions, comments) may be used by Sendaya without restriction or attribution.

17.5 Third-party marks

WhatsApp, M-Pesa, MTN MoMo, Airtel Money, MoMo, and other third-party marks are the marks of their respective owners. Sendaya's use of those marks is descriptive.

18. Third-Party Services

18.1 Plain-language summary

We use other companies to make Sendaya work — telecoms carriers to run IVR and USSD, WhatsApp for messaging, banks and mobile-money operators to move money, KYC providers to verify identity, FX data providers for rates, and cloud hosts to run the servers. Their availability affects ours.

18.2 Named categories

Sendaya relies on third-party services in the following categories: (a) telephony (Africa's Talking, Twilio, or equivalent for IVR/USSD/SMS); (b) messaging (Meta Platforms Ireland Limited for WhatsApp Business Platform); (c) Rail Partners (Paystack, Flutterwave, Hubtel, ExpressPay, Daraja, MTN MoMo, Airtel Money, PSB wallet operators); (d) KYC providers (Smile ID, Onfido, Trulioo, or equivalent); (e) FX data providers (Open Exchange Rates, CurrencyLayer, Fixer, central-bank feeds); (f) cloud hosting and infrastructure ([CLOUD PROVIDER]); (g) app stores (Apple App Store, Google Play).

18.3 Availability

Third-party outages may affect Service availability. Sendaya will make reasonable efforts to switch to alternative providers where technically feasible and where the fallback is safe. Sendaya is not liable for delays caused by third-party outages, subject to Section 19.

19. Availability, Maintenance, and Force Majeure

19.1 Plain-language summary

We aim for the Service to be always on, but sometimes we need maintenance windows, and sometimes networks, telecoms carriers, banks, or governments cause outages that we can't control.

19.2 Availability

Sendaya targets 99.5% monthly availability for the core Account, balance, and Cash-out functions, measured over a rolling 30-day window and excluding scheduled maintenance and force-majeure events. This is a target, not a guarantee.

19.3 Scheduled maintenance

Sendaya may perform scheduled maintenance with reasonable notice, typically in low-traffic windows. Emergency maintenance may occur without notice.

19.4 Force majeure

Neither party is liable for failure to perform (excluding payment obligations) caused by circumstances beyond that party's reasonable control, including natural disasters, war, civil unrest, government action, telecommunications outages, internet outages, USSD/IVR carrier failures, mobile-money-operator outages, pandemic response measures, and Rail Partner suspensions.

19.5 Telecommunications and carrier outages

USSD, IVR, and SMS depend on national mobile carriers. A carrier's disabling of a Sendaya short-code, USSD service code, or SMS sender ID is a force-majeure event as between the User and Sendaya, though Sendaya undertakes to work with carriers to restore service.

20. Liability

20.1 Plain-language summary

We are liable when it is our fault or the law requires it. We are not liable for indirect losses, lost profits, or things we could not reasonably foresee. Consumer-protection law applies in your country and cannot be waived. Where it applies, our caps do not reduce your consumer rights below the local minimum.

20.2 Nothing excludes what cannot be excluded

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under the applicable law, including for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and any liability under mandatory consumer-protection statutes named in the Country Annex.

20.3 Sendaya's cap on liability

Subject to Section 20.2, Sendaya's total liability to a User in aggregate over any 12-month period is capped at the greater of:

  • (a) the total fees paid by that User to Sendaya over the preceding 12 months; and
  • (b) [CAP AMOUNT] (currency of the User's country of residence).

20.4 Exclusions

Subject to Section 20.2, Sendaya is not liable for:

  • (a) indirect, consequential, or special damages;
  • (b) loss of profits, loss of business, loss of goodwill, or loss of anticipated savings;
  • (c) loss of data, except to the extent Sendaya's own negligence caused such loss;
  • (d) losses caused by the User's own breach of these Terms;
  • (e) losses caused by third-party providers except where Sendaya's choice of provider or supervision of the provider fell below the applicable standard of care.

20.5 Vulnerable-consumer duties

Where the applicable law imposes a heightened duty of care in respect of vulnerable consumers (including seniors), Sendaya's conduct is measured against that heightened standard for those Users, and the caps in Section 20.3 do not operate to reduce liability below the local statutory floor for vulnerable-consumer losses.

20.6 Consumer statutes

Where a User is a consumer under the applicable law:

  • (a) in the UK, this section is subject to the Consumer Rights Act 2015, the Payment Services Regulations 2017, the Electronic Money Regulations 2011, and the FCA Consumer Duty;
  • (b) in the EU, this section is subject to Directive (EU) 2015/2366 (PSD2), Directive 2009/110/EC (EMD), the Consumer Rights Directive, and any national implementing legislation;
  • (c) in the US, this section is subject to the Electronic Fund Transfer Act (Reg E) where applicable, state money-transmitter law, and state UDAP statutes;
  • (d) in Kenya, this section is subject to the Consumer Protection Act 2012 and the Central Bank of Kenya Prudential and Consumer Protection Guidelines;
  • (e) in Nigeria, this section is subject to the Federal Competition and Consumer Protection Act 2018 and the CBN Consumer Protection Regulations;
  • (f) in Ghana, this section is subject to the Consumer Protection Act (in force from time to time) and the Bank of Ghana Consumer Recourse Mechanism Guidelines.

Any inconsistency between these Terms and the mandatory consumer protection above is resolved in favour of the consumer.

21. Indemnities

21.1 Plain-language summary

If you break the rules and it causes us or a third party a legal problem, you agree to cover the reasonable costs, subject to fairness rules that apply in your country.

21.2 User indemnity

Subject to any non-excludable consumer-protection rights, the User will indemnify Sendaya, Tenants, Custody Banks, Rail Partners, and Agents against reasonable losses, costs (including reasonable legal costs), and third-party claims arising from:

  • (a) the User's breach of these Terms;
  • (b) the User's provision of false or misleading information at KYC;
  • (c) the User's use of the Service for a prohibited purpose (Section 15.2);
  • (d) chargebacks and reversals initiated by the User in bad faith.

21.3 Sendaya indemnity to Agents

Sendaya indemnifies Agents against claims arising from Sendaya's own material errors in Cash-out Code issuance or in the amount displayed to the Agent, subject to the Agent Agreement.

22. Complaints and Disputes

22.1 Plain-language summary

Talk to us first. If we can't sort it out, you can escalate to your country's regulator or ombudsman. Where the law allows, some disputes go to arbitration. Class actions are limited where the law allows that limitation. Small claims are always open.

22.2 Internal complaints procedure

Any User may raise a complaint by:

  • (a) writing to [COMPLAINTS@EMAIL];
  • (b) submitting via the in-app "Help" flow;
  • (c) calling the local complaints number listed in the Country Annex;
  • (d) writing to Sendaya at the registered office listed in Section 1.2.

Sendaya will acknowledge receipt within 3 business days, issue a substantive response within 15 business days (extendable to 35 business days for complex cases with a written interim response), and provide a final response within 8 weeks. These timelines are aligned with the UK FCA DISP rules and are adopted worldwide as a service standard.

22.3 Escalation to regulators and ombudsmen

If the User is not satisfied with the final response, escalation is available to the regulator or ombudsman named in the applicable Country Annex.

22.4 Arbitration where lawful

Where arbitration is lawful in the User's jurisdiction, disputes not resolved via Section 22.2–22.3 may, at either party's election, be finally resolved by binding arbitration under the rules named in the Country Annex, seated in the country named in the Country Annex, in English (with translation available), by a single arbitrator. Arbitration does not apply in jurisdictions where mandatory law requires access to a public court.

22.5 Class-action limitations

Where lawful, disputes must be brought on an individual basis and not as part of a class, consolidated, or representative action. This limitation does not apply where prohibited by the applicable law (including in California and in EU member states with mandatory collective-redress mechanisms), and does not apply to small-claims or public-interest injunctive proceedings.

22.6 Small claims

Nothing in Section 22 prevents a User from bringing a claim in a small-claims tribunal within the jurisdictional limit of that tribunal.

22.7 Consumer opt-out

Consumers in jurisdictions with an opt-out right in respect of arbitration or class-action clauses (including under the US Federal Arbitration Act as applied by state law) may opt out by written notice to [LEGAL@EMAIL] within 30 days of first accepting these Terms, without any effect on the rest of the contract.

22.8 Governing law

These Terms are governed by the law of [BASELINE GOVERNING LAW], subject to the mandatory application of the local law of the User's country of residence to consumer-protection issues, and subject to any override in the applicable Country Annex.

23. Termination

23.1 Plain-language summary

Either side can end the relationship. If we end it, we send your funds back within a reasonable time (subject to AML and legal holds). We keep records for as long as the law requires.

23.2 Termination by the User

A Sender may close their own Account at any time from the Sender app or by written notice. A Senior may close the Account by voice PIN with a 30-day cooling-off period during which the Sender is notified.

23.3 Termination by Sendaya

Sendaya may terminate an Account on 60 days' written notice, or immediately on written notice where:

  • (a) the User has materially breached these Terms and has not remedied the breach within 30 days of notice (where remediable);
  • (b) the User's use of the Service is unlawful or presents a material AML/CTF risk;
  • (c) a Custody Bank or Rail Partner has irrecoverably suspended service to the User;
  • (d) Sendaya is required by law or regulator to terminate.

23.4 Return of funds

On termination, Sendaya returns the wallet balance to the Sender's original funding method, or to a bank account nominated by the Sender or Beneficiary, within 30 business days, subject to AML holds, chargeback risk holds, and any lawful set-off. Where funds cannot be returned (funding method closed, no successor nominated), Section 12.5 applies.

23.5 Timeframes and retention

Sendaya retains records after termination as required by AML law (typically 5–10 years depending on jurisdiction), tax law, and dispute-resolution needs. See the Privacy Policy Section 10 for the full retention schedule.

24. Changes to Terms

24.1 Plain-language summary

We can change the terms. We tell you before we do. For a Senior, "telling you" includes reading the key parts to you over IVR in your language.

24.2 Right to change

Sendaya may update these Terms from time to time to reflect changes in the Service, in the law, or in operational practice.

24.3 Notice methods

Notice of a material change is given by:

  • (a) in-app banner and mandatory re-acceptance on next authenticated session (Sender and Agent);
  • (b) email to the Sender's registered email address;
  • (c) SMS notice to the Senior in their chosen language;
  • (d) IVR notice on the Senior's next inbound call, in their chosen language, offering the option to hear a summary or to defer to a full text delivery via a Circle member;
  • (e) WhatsApp broadcast where the Senior uses that channel and has opted into notifications.

24.4 Notice period

Material changes take effect no earlier than 30 days after notice, save for changes required immediately by law, regulator direction, or Rail-Partner mandate, where the shortest lawful notice applies.

24.5 Continued use is acceptance

Continued use of the Service after the effective date of a change is deemed acceptance. Users who do not accept may close the Account per Section 23.

25. Communications and Language

25.1 Plain-language summary

Communications may be in your local language. The English version is the binding one for legal purposes, but plain-language summaries in your language are provided to make sure you understand.

25.2 Binding version

The English-language version of these Terms is the binding version. Translations into pcm, yo, ig, ha, sw, tw and other languages are provided for convenience and understanding. Where a translation conflicts with the English, the English governs, except where consumer-protection law in the User's country requires the local-language version to prevail.

25.3 Accessibility

Sendaya provides:

  • (a) text-to-speech delivery of the plain-language summary in the Senior's chosen language via IVR and the Field App;
  • (b) large-print PDF versions on request;
  • (c) alternative-format versions (Braille, audio recording) on reasonable request.

25.4 Voice delivery of key terms to Seniors

At assisted registration and at any material update, the Senior is offered a voice-delivered summary of the key terms of the Service and the Privacy Policy in their chosen language, followed by a "press 1 to agree" acceptance step whose DTMF response is stored as acceptance evidence. This is in addition to (not instead of) the full written Terms, which are available on request and via [SENDAYA.COM/LEGAL].

26. Miscellaneous

26.1 Entire agreement

These Terms, the Privacy Policy, the Agent Agreement (in respect of Agents), the Tenant DPA (in respect of Tenants), the Fee Schedule, and any addenda referenced herein, together constitute the entire agreement between Sendaya and the User in respect of the Service.

26.2 Severability

If any provision is held unenforceable, the remainder of the Terms remain in force, and the unenforceable provision is deemed replaced with the closest enforceable provision that gives effect to the parties' original intention.

26.3 Assignment

Sendaya may assign or novate these Terms in connection with a corporate reorganisation, a transfer of the whole or part of Sendaya's business, or to a Tenant that takes over the User's Account with the User's consent. The User may not assign without Sendaya's prior written consent.

26.4 No waiver

Failure or delay in exercising a right does not waive it. A partial exercise does not preclude a subsequent exercise.

26.5 Survival

Sections 15 (AML/CTF), 20 (Liability), 21 (Indemnity), 22 (Complaints and Disputes), 23.5 (Retention), and 26 (Miscellaneous) survive termination.

26.6 Notices

Formal notices to Sendaya must be sent to the registered office in Section 1.2 marked "Attn: Legal". Formal notices to the User may be sent to the email address, phone number, or in-app messaging address on the User's record.

26.7 Contact

  • (a) General support: [SUPPORT@EMAIL]
  • (b) Complaints: [COMPLAINTS@EMAIL]
  • (c) Legal notices: [LEGAL@EMAIL]
  • (d) Data protection: [DPO@EMAIL]
  • (e) Safeguarding concerns: [SAFEGUARDING@EMAIL]

Country Annex

The Country Annex adjusts governing law, regulator and complaints body identity, mandatory local rules, and any clause that is unenforceable in a given country. In each annex, "this country" means the country titled in the annex. Where a term in the main Terms conflicts with an annex, the annex governs for Users in that country.

Annex A — Nigeria

  • (A.1) Regulator. The Central Bank of Nigeria (CBN) is the primary regulator for money-transmission, mobile-money, and payment-service-provider activities. The Nigerian Communications Commission (NCC) regulates the telecoms infrastructure on which IVR, USSD, and SMS run. The National Information Technology Development Agency (NITDA) and the Nigeria Data Protection Commission (NDPC) regulate data protection under the Nigeria Data Protection Act 2023 (NDPA). The Federal Competition and Consumer Protection Commission (FCCPC) regulates consumer protection.
  • (A.2) Contracting entity. The Sendaya entity contracting with Users in Nigeria is [SENDAYA NIGERIA LTD], licensed as [LICENCE CATEGORY] under CBN authority.
  • (A.3) Complaints escalation. After the internal complaints procedure (Section 22.2), Users may escalate to (i) the CBN Consumer Protection Department, (ii) the FCCPC, or (iii) the NDPC (for data-protection complaints).
  • (A.4) Governing law and forum. These Terms are governed by the laws of the Federal Republic of Nigeria for Users resident in Nigeria; courts of competent jurisdiction sit in [STATE].
  • (A.5) Mandatory local rules. The CBN's Regulatory Framework for Mobile Money Services in Nigeria, the CBN Consumer Protection Regulations, the Payment System Vision, and any applicable Payment Service Bank (PSB) licence conditions apply. Cash-out to PSB wallets (OPay, PalmPay, Moniepoint) is subject to the receiving PSB's own T&Cs and limits.
  • (A.6) Currency and settlement. NGN cash-outs are subject to CBN's ForEx regime in effect at the time; where CBN imposes a mandatory conversion on arrival regime for inbound remittances, Sendaya will apply settlement_policy = convert_on_arrival for Nigeria as described in Section 7.8 without further amendment to these Terms.
  • (A.7) Approval threshold. The default sender-approval threshold for Nigeria is 50,000 NGN. Above this amount, the Sender's approval is required before Cash-out issuance.
  • (A.8) Dormancy. Dormant Account rules follow the CBN Guidelines on the Management of Dormant Accounts, Unclaimed Balances and Other Financial Assets in Nigerian Banks and Other Financial Institutions.
  • (A.9) Arbitration. Arbitration under Section 22.4 is under the Arbitration and Mediation Act 2023, seated in Lagos, Nigeria.
  • (A.10) Language. Notice may be delivered in English, pcm (Nigerian Pidgin), yo, ig, or ha.
  • (A.11) Class-action waiver. Not enforced in Nigeria to the extent it would preclude a User's access to the FCCPC's consumer-redress mechanisms.

Annex B — Kenya

  • (B.1) Regulator. The Central Bank of Kenya (CBK) is the primary financial-services regulator. The Communications Authority of Kenya (CAK) regulates telecoms. The Office of the Data Protection Commissioner (ODPC) regulates data protection under the Kenya Data Protection Act 2019.
  • (B.2) Contracting entity. The Sendaya entity contracting with Users in Kenya is [SENDAYA KENYA LTD].
  • (B.3) Complaints escalation. After Section 22.2, Users may escalate to the CBK, the CAK (for telecoms channel issues), or the ODPC (for data-protection complaints).
  • (B.4) Governing law and forum. These Terms are governed by the laws of Kenya for Users resident in Kenya; courts of competent jurisdiction sit in Nairobi.
  • (B.5) Mandatory local rules. The National Payment System Act 2011 and its regulations apply. Cash-out via M-Pesa (Safaricom PLC) is subject to Safaricom's own T&Cs and Daraja API terms. Consumer protection follows the Consumer Protection Act 2012.
  • (B.6) Approval threshold. The default sender-approval threshold for Kenya is 20,000 KES.
  • (B.7) Dormancy. Dormant Account rules follow the Unclaimed Financial Assets Act 2011 as amended.
  • (B.8) Arbitration. Arbitration under Section 22.4 is under the Kenya Arbitration Act 1995 (as amended), seated in Nairobi.
  • (B.9) Language. Notice may be delivered in English or sw.
  • (B.10) Class-action waiver. Not enforced in Kenya to the extent it would preclude a User's access to statutory consumer-redress or to the ODPC.

Annex C — Ghana

  • (C.1) Regulator. The Bank of Ghana (BoG) is the primary financial-services regulator, including for Dedicated Electronic Money Issuer (DEMI) and Payment Service Provider (PSP) licences. The National Communications Authority (NCA) regulates telecoms. The Data Protection Commission (DPC) regulates data protection under the Data Protection Act 2012 (Act 843).
  • (C.2) Contracting entity. The Sendaya entity contracting with Users in Ghana is [SENDAYA GHANA LTD].
  • (C.3) Complaints escalation. After Section 22.2, Users may escalate to the BoG Consumer Recourse Mechanism or the DPC.
  • (C.4) Governing law and forum. These Terms are governed by the laws of Ghana for Users resident in Ghana; courts of competent jurisdiction sit in Accra.
  • (C.5) Mandatory local rules. The Payment Systems and Services Act 2019 (Act 987) and the Guidelines for E-Money Issuers apply. Cash-out via MTN Ghana MoMo, Vodafone Cash, and AirtelTigo Money is subject to the mobile-money operator's own T&Cs, mediated through Sendaya's aggregator agreements with Hubtel and ExpressPay.
  • (C.6) Approval threshold. The default sender-approval threshold for Ghana is 1,500 GHS.
  • (C.7) Dormancy. Dormant Account rules follow the BoG guidelines on dormant customer accounts.
  • (C.8) Arbitration. Arbitration under Section 22.4 is under the Alternative Dispute Resolution Act 2010 (Act 798), seated in Accra.
  • (C.9) Language. Notice may be delivered in English or tw.
  • (C.10) Class-action waiver. Not enforced in Ghana to the extent it would preclude a User's access to statutory consumer-redress.

Annex D — United States

  • (D.1) Regulatory framework. Sendaya operates in the United States under money-transmitter licences issued by individual states (or in reliance on an agent-of-payee model under a licensed sponsor, as disclosed at onboarding). The list of states in which Sendaya is licensed, and any state where the Service is not offered, is at [SENDAYA.COM/US-STATES].
  • (D.2) Contracting entity. The Sendaya entity contracting with Users in the United States is [SENDAYA US INC], with its state licences available at [SENDAYA.COM/US-LICENSES].
  • (D.3) Consumer protections. Where the Service constitutes an "electronic fund transfer" or a "remittance transfer" for the purposes of the Electronic Fund Transfer Act (Regulation E, including Subpart B — Remittance Transfers), the disclosures, error-resolution, and cancellation rights required under those rules apply, and prevail over any inconsistent term of these Terms.
  • (D.4) Complaints escalation. After Section 22.2, Users may escalate to (i) the Consumer Financial Protection Bureau (CFPB), (ii) the money-transmission regulator of the User's state of residence, or (iii) the state Attorney General.
  • (D.5) Arbitration and class-action waiver. Arbitration under Section 22.4 is under the Federal Arbitration Act, administered by AAA under its Consumer Arbitration Rules, seated in the User's state of residence unless the User elects otherwise. The class-action waiver in Section 22.5 applies to the fullest extent allowed by federal and state law. Consumer opt-out (Section 22.7) is available; a written opt-out within 30 days of first accepting these Terms is fully effective.
  • (D.6) State-specific consumer statutes. These Terms are subject to non-waivable state consumer-protection statutes, including but not limited to the California Consumer Privacy Act / CPRA (see the Privacy Policy Annex D), New York's DFS money-transmitter rules, and Massachusetts, Texas, Washington and other state remittance rules.
  • (D.7) Governing law and forum. For Users resident in the United States, these Terms are governed by the laws of [DELAWARE / NEW YORK], subject to the mandatory application of the User's state consumer-protection statutes.
  • (D.8) Currency. The default Base Currency is USD.
  • (D.9) Language. Notice is delivered in English by default; Spanish translations available on request.

Annex E — United Kingdom

  • (E.1) Regulator. The Financial Conduct Authority (FCA) regulates payment services and e-money under the Payment Services Regulations 2017 (PSRs 2017) and the Electronic Money Regulations 2011 (EMRs 2011). The Information Commissioner's Office (ICO) regulates data protection under the UK GDPR and the Data Protection Act 2018.
  • (E.2) Contracting entity. The Sendaya entity contracting with Users in the United Kingdom is [SENDAYA UK LTD], authorised or registered by the FCA as [AUTHORISATION CATEGORY] with firm reference number [FRN].
  • (E.3) Consumer protections. These Terms are subject to the Consumer Rights Act 2015, the FCA Consumer Duty (PRIN 2A), the PSRs 2017 (including the payer-authorisation and unauthorised-transaction protections), and the EMRs 2011.
  • (E.4) Complaints escalation. After Section 22.2, Users may escalate to the Financial Ombudsman Service (FOS). Sendaya is a member of the FSCS where applicable, and safeguarding of client funds is as required by the EMRs 2011.
  • (E.5) Arbitration. Arbitration under Section 22.4 does not apply where the User is a consumer and has the right to bring a dispute to the FOS or the small-claims track of the county court.
  • (E.6) Governing law and forum. For Users resident in the United Kingdom, these Terms are governed by the laws of England and Wales; courts of competent jurisdiction sit in London.
  • (E.7) Currency. The default Base Currency is GBP.
  • (E.8) Language. Notice is delivered in English.

Annex F — European Union

  • (F.1) Regulator. Payment services and e-money are regulated in each EU member state by the national competent authority for financial services, under Directive (EU) 2015/2366 (PSD2) and Directive 2009/110/EC (EMD). Data protection is regulated by the national supervisory authority under the GDPR. Consumer protection is regulated variously by the consumer authority and the national ombudsman.
  • (F.2) Contracting entity. The Sendaya entity contracting with Users in the EU is [SENDAYA EU ENTITY], licensed in [MEMBER STATE OF LICENSING] with passporting into other member states as listed at [SENDAYA.COM/EU-PASSPORTING].
  • (F.3) Consumer protections. These Terms are subject to PSD2, the EMD, the Consumer Rights Directive, and the national implementing legislation of the User's member state of residence.
  • (F.4) Complaints escalation. After Section 22.2, Users may escalate to the national ombudsman or the national supervisory authority in the User's member state. A list is at [SENDAYA.COM/EU-OMBUDSMEN].
  • (F.5) Arbitration. Arbitration under Section 22.4 does not apply where the User is a consumer and mandatory law preserves access to a public court.
  • (F.6) Governing law and forum. For Users resident in the EU, these Terms are governed by the laws of [MEMBER STATE OF LICENSING], subject to the mandatory application of the consumer-protection law of the User's country of residence.
  • (F.7) Currency. The default Base Currency is EUR.
  • (F.8) Language. Notice is delivered in English and in the primary official language of the User's member state, or the language the User selected at onboarding.

Annex G — Seychelles

  • (G.1) Regulator. The Financial Services Authority Seychelles (FSA) supervises non-bank financial services (including securities dealers and, where applicable, e-money and payment services). The Central Bank of Seychelles (CBS) supervises banking and payment-systems oversight.
  • (G.2) Contracting entity. Where a Sendaya group Custody arrangement is structured through Seychelles, or where the User's Account is booked in Seychelles, the contracting entity is [SENDAYA (SEYCHELLES) LTD].
  • (G.3) Data protection. The Seychelles Data Protection Act 2003 applies. Where the User is also a GDPR/UK GDPR data subject, those laws apply cumulatively.
  • (G.4) Complaints escalation. After Section 22.2, Users may escalate to the FSA or CBS as applicable.
  • (G.5) Governing law and forum. For Users contracting with a Seychelles entity, these Terms are governed by the laws of the Republic of Seychelles; courts of competent jurisdiction sit in Victoria.
  • (G.6) Language. Notice is delivered in English.

Annex H — Rest of World (Fallback)

  • (H.1) Applicability. This annex applies to any User whose country of residence is not listed in Annexes A–G at the time of onboarding, and where Sendaya has chosen to offer the Service in that country.
  • (H.2) Governing law and forum. These Terms are governed by the law of [BASELINE GOVERNING LAW], subject to the mandatory application of the consumer-protection law of the User's country of residence.
  • (H.3) Regulator. Sendaya complies with the AML/CTF, payment-services, and data-protection law of the User's country of residence to the extent applicable. Where no local licensing regime applies to the Service, Sendaya operates on the basis of remote cross-border service provision subject to the mandatory local laws.
  • (H.4) Complaints escalation. After Section 22.2, Users may escalate to the appropriate national authority in their country of residence. Sendaya will provide contact information on request.
  • (H.5) Currency. The Base Currency is USD, EUR, or GBP at the Sender's election; the Local Currency is the currency of the Senior's country of residence where supported, otherwise USD.
  • (H.6) Language. Notice is delivered in English by default; local-language translation on reasonable request.

End of Terms of Service.

Version pointer: the current effective version of these Terms is served by the Sendaya API at /legal/terms/current and is retrievable by version identifier at /legal/terms/{version}. Each version is content-hashed on publication and the hash is recorded in the legal_documents table.