Terms of Service

1. Acceptance of Terms

Welcome to Budj, a service provided by Fusion Labs Limited ("we," "us," or "our"). By downloading, accessing, or using the Budj mobile application ("App") and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use Budj. By using the App, you represent and warrant that you meet this requirement.

3. Account Registration

To use certain features of the App, you must register for an account. You agree to:

• Provide accurate, current, and complete information (including your legal name and phone number for M-Pesa verification).
• Maintain the security of your password and identification.
• Accept all risks of unauthorized access to your account and the information you provide.

4. How Cashback Works

A. Eligibility for Cashback

Cashback is earned only on Verified Transactions completed through the App at participating Merchants.

A transaction may be eligible for cashback only if:

• The minimum spend requirement set by the Merchant is met, and
• The Merchant's cashback campaign is active at the time of the transaction.

Completing a payment does not guarantee cashback.

B. Cashback Calculation & Limits

Cashback amounts are determined by the Merchant and may be subject to limitations, including but not limited to:

• Maximum cashback per user within a defined period (e.g. daily, weekly, monthly),
• Maximum cashback per transaction, and
• Overall campaign or budget limits set by the Merchant.

As a result, the actual cashback awarded for a transaction may be lower than the advertised amount or zero, even if the transaction otherwise qualifies.

C. Cashback Recording

Where eligible, cashback is recorded against your Budj account after the transaction is successfully verified and processed.

Cashback is awarded only once per qualifying transaction and is not guaranteed to be available immediately.

Budj does not guarantee the availability, amount, or continuity of any cashback offer.

D. Spending & Withdrawal

• Withdrawal: Available cashback may be withdrawn to your M-Pesa account, subject to a minimum withdrawal threshold (e.g., KES 500), system verification, and applicable transaction fees.

Cashback balances represent promotional rewards and are not user-deposited funds.

5. Loyalty Points

Participating Merchants may offer Loyalty Points through their own loyalty programs.

• Loyalty Points have no cash value and cannot be withdrawn.
• Points are redeemable only for rewards or benefits defined by the issuing Merchant, which may include purchases, perks, or cashback-type rewards.
• Redemption of Loyalty Points is subject to Merchant-defined rules, availability, and limits.
• Budj is not responsible for any changes to, suspension of, or discontinuation of a Merchant's loyalty program or rewards.

6. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable law.
• Attempt to defraud the system, including creating multiple accounts to exploit cashback, promotions, or loyalty rewards.
• Interfere with or damage the operation of the Service, including by uploading malicious code.
• Reverse engineer, decompile, or disassemble any aspect of the App.

7. Merchant Interactions

• Transactions: Your dealings with Merchants found on or through the App are solely between you and the Merchant. We do not guarantee the quality, safety, or legality of goods or services provided by Merchants.
• Disputes: Any dispute regarding a product, service, or refund must be resolved directly with the Merchant. Budj will make reasonable efforts to calculate and award cashback based on transaction data received from payment providers and Merchants but does not control Merchant decisions.

8. Payment & Fees

• M-Pesa Charges: Standard M-Pesa transaction fees charged by Safaricom may apply to payments made through the App.
• Withdrawal Fees: We may deduct a transaction fee from cashback withdrawals to cover M-Pesa B2C processing costs. Any applicable fee will be displayed before you confirm the withdrawal.

9. Termination

We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, if you breach these Terms or misuse the Service.

Upon termination:

• Your access to the App will immediately cease.
• Any pending, unverified, or ineligible cashback or loyalty rewards may be forfeited.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Fusion Labs Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or inability to access the Service.
• Any conduct or content of any third party, including Merchants.
• Any rewards, cashback, or loyalty benefits not awarded due to eligibility rules, limits, or technical issues.
• Unauthorized access, use, or alteration of your data or transactions.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon updating the date at the top of this page. Continued use of the Service after changes constitutes acceptance of the revised Terms.

12. Governing Law

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

13. Contact Information

If you have any questions about these Terms, please contact us at:

Fusion Labs Limited Email: support@budj.app Phone: +254 722 419102