Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between Mobile Enterprises (Pty) Ltd, trading as M.E Smart Communications (“Mobile Enterprises”, “we”, “us”) and the business or individual that registers for or uses the KYC.me.co.bw platform (the “Client”, “you”). By creating an account, registering interest, or using the Platform, you accept these Terms.

1. The Service

KYC.me.co.bw is a software-as-a-service platform that lets Botswana businesses create branded KYC/KYB campaigns, verify respondents’ mobile numbers via SMS OTP, collect identity information and documents, review entries and export reports (the “Service”).

2. Accounts

You must provide accurate registration information and keep it up to date.
You are responsible for safeguarding your credentials and for all activity under your account. Credentials may not be shared outside your organisation.
Notify us immediately at [email protected] of any unauthorised use.
You must be legally able to enter contracts under Botswana law to hold an account.

3. Client responsibilities and lawful KYC collection

You are the data controller for the personal data collected through your campaigns. You warrant that you will:

Collect only data you have a lawful basis to collect under the Botswana Data Protection Act, 2024, and any sector laws applicable to you (e.g. financial intelligence or licensing rules).
Obtain valid consent from, or provide adequate notice to, your respondents before collection, and honour their data subject rights.
Ensure the data you collect is accurate, relevant and not excessive for your stated purpose.
Use exported data only for the KYC/compliance purpose for which it was collected, and protect it with appropriate safeguards.
Not use the Service for any unlawful, deceptive or harmful purpose, including collecting data under false pretences or creating fake campaigns.

Our Acceptable Use Policy forms part of these Terms.

4. Fees and payment

The standard subscription is P500 per month (introductory pricing; list price P850/month), billed in advance.
SMS OTP usage on live campaigns is billed at P0.15 per SMS sent.
Optional add-ons (e.g. AI document reading, email automation, priority onboarding) are quoted separately.
Fees are exclusive of applicable taxes unless stated. Overdue amounts may result in suspension of the Service after notice.
Refunds and cancellations are governed by our Refund & Cancellation Policy.

5. Service availability

We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will, where practical, be performed in low-traffic windows and announced in advance. We are not liable for downtime caused by factors outside our reasonable control (see Force Majeure).

6. Data protection

Each party will comply with the Botswana Data Protection Act, 2024.
Where we process personal data on your behalf, our Data Processing Agreement applies and is incorporated into these Terms.
Our Privacy Policy explains how we handle personal data.

7. Data ownership

Your data: You retain all rights in the data and documents collected through your campaigns. You may export them at any time via CSV export while your account is active.
Our platform: We retain all rights in the Platform, including software, branding, designs and documentation. We grant you a non-exclusive, non-transferable right to use the Service during your subscription.

8. Intellectual property

You may not copy, modify, resell, reverse engineer or create derivative works of the Platform except as permitted by law. Campaign branding you upload remains yours; you grant us the right to display it within your campaigns.

9. Confidentiality

Each party will keep the other’s non-public information confidential and use it only to perform under these Terms. Respondent personal data is treated as confidential at all times.

10. Warranties and disclaimer

We warrant that we will provide the Service with reasonable skill and care. Otherwise, the Service is provided “as is” and we disclaim all other warranties to the maximum extent permitted by law, including merchantability and fitness for a particular purpose. Verification outputs depend on data supplied by respondents and third parties; we do not warrant that any verification is conclusive.

11. Limitation of liability

Neither party is liable for indirect, incidental, special or consequential damages, or loss of profits, revenue, data or goodwill.
Our aggregate liability arising out of or relating to the Service is capped at the fees you paid us in the 12 months preceding the claim.
Nothing in these Terms limits liability that cannot be limited under Botswana law, including for fraud or wilful misconduct.

12. Indemnification

You indemnify us against claims, fines, losses and expenses (including reasonable legal fees) arising from: (a) your unlawful collection or use of personal data; (b) your breach of these Terms or the Acceptable Use Policy; or (c) claims by your respondents or third parties relating to your campaigns, except to the extent caused by our breach of these Terms.

13. Suspension and termination

You may cancel your subscription at any time per the Refund & Cancellation Policy.
We may suspend or terminate access for breach of these Terms (including the Acceptable Use Policy), non-payment after notice, or where required by law.
On termination, your access ends. You may request export or deletion of your campaign data as set out in the DPA; after the retention window, data is securely deleted per our Data Retention Policy.

14. Changes to the Service or Terms

We may update the Service and these Terms. Material changes will be notified by email or a prominent notice on the Platform at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

15. Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, including power or telecommunications failures, natural disasters, epidemics, war, or government action.

16. General

Governing law: the laws of the Republic of Botswana.
Jurisdiction: the courts of Botswana have exclusive jurisdiction.
Severability: if any provision is unenforceable, the remainder stays in force.
Entire agreement: these Terms, the DPA, the Acceptable Use Policy and the policies referenced here are the whole agreement between us regarding the Service.
Assignment: you may not assign these Terms without our written consent; we may assign to an affiliate or in connection with a merger or sale of the business, with notice.
No waiver: failure to enforce a provision is not a waiver.

17. Contact

Mobile Enterprises (Pty) Ltd t/a M.E Smart Communications · [email protected] · Data protection: [email protected].