Disclaimer

1. Platform Role

FPESA provides marketplace, workflow, software, compliance-support, quote-comparison, and operational tooling for foreign exchange activity in Kenya. FPESA is not itself a bank, deposit-taking institution, payment service provider, remittance provider, securities exchange, capital markets intermediary, investment adviser, broker, dealer, or authorized foreign exchange dealer unless expressly stated in a written license notice issued by the relevant regulator.

Foreign exchange execution, settlement, payments, account services, liquidity provision, KYC approval, document review, and regulatory reporting may be performed by participating banks, authorized dealers, forex bureaus, payment service providers, or other regulated third parties.

2. Kenya-Focused Service

FPESA is built for Kenya-focused use. Access from another jurisdiction does not mean FPESA is offered, licensed, approved, or suitable in that jurisdiction. You are responsible for complying with laws that apply to you, your organization, your transaction, your funds, your documents, and your beneficial owners.

3. No Financial, Legal, Tax, or Investment Advice

FPESA does not provide financial advice, investment advice, legal advice, tax advice, accounting advice, treasury advice, or suitability recommendations. Information on the website or dashboards is general operational information only. You should obtain independent advice before making decisions involving foreign exchange, settlement, tax, accounting, legal, regulatory, business, or treasury matters.

4. Quotes, Rates, and Market Information

Displayed rates, market rates, estimates, and examples may be indicative, delayed, approximate, synthetic, demo-only, or supplied by third parties. A quote is not binding unless it is submitted by an eligible participating dealer, accepted through the required FPESA workflow, remains unexpired, passes all required checks, and is confirmed under applicable platform and partner rules.

Foreign exchange rates move continuously. FPESA does not guarantee quote availability, best execution, lowest cost, spread level, fill certainty, liquidity, settlement timing, or any financial outcome.

5. Execution and Settlement Risk

Settlement may depend on banks, payment systems, RTGS, SWIFT, PesaLink, correspondent banks, mobile money providers, third-party APIs, identity systems, network operators, regulators, sanctions controls, and customer-provided information. Transactions may be delayed, rejected, cancelled, reversed, suspended, partially completed, or reported where required by law, risk controls, partner policies, or operational constraints.

6. User Responsibility

You are responsible for ensuring that all account, KYC, beneficial ownership, bank account, source-of-funds, supporting document, beneficiary, tax, purpose-of-payment, and transaction information you provide is accurate, complete, current, lawful, and authorized. You are responsible for reviewing quote details, fees, settlement instructions, exchange rates, beneficiary information, and transaction confirmations before accepting or authorizing any action.

7. Compliance Holds and Reporting

FPESA and participating providers may screen users, organizations, documents, accounts, beneficiaries, and transactions for KYC, AML, sanctions, fraud, market abuse, suspicious activity, operational risk, and regulatory compliance. We may refuse service, suspend access, retain records, report activity, preserve evidence, or cooperate with competent authorities where we consider it necessary or legally required.

8. Third-Party Providers

FPESA may link to or integrate with banks, forex bureaus, payment providers, identity verification services, cloud providers, messaging services, analytics tools, and other third parties. We do not control third-party systems, uptime, security, pricing, compliance decisions, policies, delays, failures, errors, or omissions. Third-party terms may apply separately.

9. Website and System Availability

The website, dashboards, APIs, quote flows, support tools, and demo content are provided on an "as is" and "as available" basis. FPESA may modify, suspend, restrict, or discontinue any feature at any time. We do not warrant that the service will be uninterrupted, error-free, secure, compatible, complete, or free from defects, malware, outages, data loss, or unauthorized access.

10. Demo and Prototype Content

Some dashboard data, rates, user names, transaction references, endpoints, emails, banks, balances, reports, and workflows may be demonstration data or illustrative product design. Demo content does not represent live financial data, a commitment to provide a feature, regulatory approval, partner approval, or operational readiness.

11. No Guarantee of Regulatory Approval

References to CBK licensed dealers, PCI DSS readiness, KYC, AML, cloud architecture, AppSync, API Gateway, Cognito, Lambda, Aurora, DynamoDB, S3, or any regulatory or technical standard do not mean that FPESA itself holds every license that a regulated participant may require, or that a regulator has approved a specific product, feature, transaction, user, bank, dealer, or settlement flow.

12. Limitation of Liability

To the maximum extent permitted by law, FPESA is not liable for indirect, incidental, special, consequential, exemplary, punitive, loss-of-profit, loss-of-revenue, loss-of-goodwill, loss-of-data, market movement, settlement delay, failed payment, third-party failure, regulatory action, fraud, unauthorized access, or business interruption damages arising from or related to your use of FPESA.

13. Intellectual Property

The FPESA name, logo, platform design, workflows, documentation, dashboards, source code, data models, APIs, trade dress, slogans, and related materials are owned by or licensed to FPESA and are protected by intellectual-property laws. You may not copy, reverse engineer, scrape, frame, reproduce, resell, distribute, or misuse FPESA materials except as expressly permitted in writing.

WIPO utility patents pending. We defend IP.

14. Updates

We may update this Disclaimer from time to time. Continued use of FPESA after changes are posted means you acknowledge the updated Disclaimer.

15. Contact

Questions, support requests, and legal notices may be sent to info@fpesa.co.ke or delivered to Kofisi Square, 104 Riverside Drive, Nairobi, Kenya.