Terms of Service

Effective: May 25, 2026
01

Acceptance

By installing, accessing, or using Bingwa Flash — including placing a web order on any agent's order page — you agree to these Terms of Service and the Privacy Policy. If you do not agree, do not use the app or website.

02

What Bingwa Flash Provides

Bingwa Flash is an Android automation and business tool for Bingwa Sokoni agents. It helps agents detect M-Pesa payment SMS messages, match payments to configured offers, run USSD steps, manage clients, send configured responses, publish web order pages, and use relay or portal features where enabled.

Bingwa Flash is not Safaricom, M-Pesa, a bank, or a mobile network operator. Safaricom and M-Pesa services remain controlled by their respective providers.

03

Accounts and Security

Agents must provide accurate account details and keep their login credentials secure. One account should be used only by its authorised owner or business. We may use device-session controls to protect accounts from unauthorised simultaneous access.

Clients who register on the website may be required to set a PIN to protect their registration. Users must not share security PINs, app credentials, M-Pesa PINs, or device unlock codes.

04

Agent Responsibilities

Agents are responsible for their offers, prices, USSD codes, SIM selection, relay rules, verifier settings, response templates, contact-saving settings, and web order settings.

  • Verify every offer before enabling automation.
  • Keep enough airtime, tokens, network access, permissions, and device battery for automation to run.
  • Monitor failed, pending, scheduled, executing, and not-verified transactions.
  • Resolve customer disputes, refunds, wrong numbers, duplicate requests, and failed fulfilment promptly and honestly.
  • Comply with Safaricom, M-Pesa, tax, consumer-protection, and communications laws that apply to your business.
  • Ensure your published order page shows accurate offers and pricing at all times.
05

Automation and USSD

The app may use SMS, accessibility, phone, contacts, notification, overlay, and background-service permissions to automate transactions. Automation can fail because of wrong mappings, changed Safaricom menus, network issues, insufficient airtime, missing permissions, app shutdown, SIM problems, duplicate sessions, device restrictions, or third-party changes.

Agents must test mappings and review transaction logs. Bingwa Flash helps automate work, but the agent remains responsible for confirming that customers receive the correct product or service.

06

Web Orders

Agents may publish a public order page using a username. The page may show public business details, enabled offers, pricing, order availability, and verification status. Agents must ensure their public information and offers are accurate and up to date.

Customers using web orders must provide accurate payment and receiving phone numbers. Orders may be delayed, rejected, or require manual follow-up if payment details are invalid, an offer is unavailable, or the agent device cannot complete automation.

07

Payment Intermediary Role

When a customer pays through an agent's web order page, Bingwa Flash acts solely as a payment intermediary. The M-Pesa STK push is sent on behalf of the agent's configured till or paybill, and funds collected are forwarded to the agent almost immediately after Safaricom confirms the payment.

Bingwa Flash does not hold customer funds beyond the time needed to process the transaction. Once funds are forwarded to the agent, all matters relating to the product, service, delivery, and any refund are strictly between the customer and the agent. Bingwa Flash will not be liable for the agent's failure to deliver.

Bingwa Flash may attempt to assist in resolving a dispute only if funds are clearly documented as still held at the time the complaint is raised and the issue is reported promptly to support@bingwaflash.co.ke.

08

Clients and Contacts

Client lists are primarily controlled by the agent. Agents may import clients from messages or files, save them locally, and optionally save them to the selected device contact storage. Website client registration is optional and disabled unless the agent enables it.

Clients may request removal from an agent list where the website removal flow is available, or by contacting the agent directly.

09

Relay and Portal

Relay features are intended for agreed agent-to-agent fulfilment workflows. Agents must enable only the relay rules they trust. Portal features allow authorised website sessions to view or control selected app functions only when enabled by the agent.

Agents must not use relay or portal tools to impersonate another agent, intercept messages without consent, or run transactions they are not authorised to perform.

10

Verification Badge

The verification badge is tied to the agent name, business name, agent phone number, and till number. If those details change, verification may be disabled until the new details are reviewed. A badge is not a guarantee of transaction success, refund eligibility, or endorsement by Safaricom.

11

Payments, Tokens, and Subscriptions

Some Bingwa Flash features may require tokens, subscriptions, or other payments. Prices, limits, renewal periods, and free access rules may change with reasonable notice. Payments made through M-Pesa or other providers are subject to the provider's processing rules and timelines.

Unless required by law or expressly stated at the time of purchase, payments are not automatically refundable after a feature, token, or subscription has been delivered and activated.

12

Acceptable Use

You must not use Bingwa Flash for any unlawful, harmful, or deceptive purpose. Prohibited conduct includes but is not limited to:

  • Fraud, deception, impersonation, or any attempt to mislead customers, agents, or the platform.
  • Using stolen, compromised, or fraudulently obtained M-Pesa numbers or payment details.
  • Initiating payment reversals or chargebacks in bad faith after receiving a service.
  • Publishing false business details, misleading offers, or unauthorised Safaricom claims on an order page.
  • Attempting to bypass security rules, Firestore rules, subscription controls, token controls, or verification checks.
  • Reverse engineering, reselling, cloning, or redistributing any part of the Bingwa Flash service.
  • Spam, unsolicited bulk messaging, or misuse of the SMS or alert features.
13

Platform Abuse and Interference

Any deliberate attempt to overload, disrupt, probe, or interfere with the Bingwa Flash platform is strictly prohibited and may constitute a criminal offence under the Kenya Computer Misuse and Cybercrimes Act and related laws. Prohibited interference includes but is not limited to:

  • Denial-of-service or distributed denial-of-service attacks (DDoS) against the website, API, Firebase resources, or agent order pages.
  • Automated scraping, fuzzing, credential stuffing, or mass request flooding.
  • Probing or exploiting Firestore rules, Cloud Function endpoints, or authentication flows.
  • Injecting malicious data, scripts, or payloads into any part of the platform.
  • Attempting to intercept, modify, or replay M-Pesa STK push requests or payment callbacks.
  • Coordinating with others to manipulate transaction records, agent balances, or order statuses.

We actively monitor platform activity, log IP addresses, device identifiers, and request patterns. Any confirmed abuse will be reported to the relevant authorities and may result in immediate account suspension, civil action, or criminal referral.

14

Fraud and Disclosure to Authorities

Bingwa Flash reserves the right — and in some cases is legally obligated — to share information about agents and customers with Safaricom, the Communications Authority of Kenya, law enforcement agencies, or other relevant authorities when we have reasonable grounds to believe that fraud, criminal activity, or serious abuse of the platform has taken place.

Information that may be disclosed includes:

  • Phone numbers (paying number, receiving number, agent phone number).
  • M-Pesa transaction references, amounts, dates, and order history.
  • Agent account details: name, business name, username, till number, and registration records.
  • Device identifiers, IP addresses, session logs, and platform activity records.
  • Any other information relevant to the investigation.

This applies equally to customers and agents. Fraudulent M-Pesa chargebacks, use of stolen payment details, SIM swap fraud, false dispute claims, and any coordinated attempt to deceive or steal from the platform or its users will not be tolerated and may result in your details being submitted to the relevant authorities without further notice to you.

15

Disclaimers and Liability

The service is provided on an "as is" and "as available" basis. We do not guarantee that automation will always be instant, uninterrupted, error-free, or compatible with every phone, network state, Android version, or Safaricom menu change.

To the maximum extent permitted by Kenyan law, Bingwa Flash is not liable for:

  • Lost sales, failed fulfilment, or delayed delivery caused by automation errors or agent configuration.
  • Wrong customer entries, wrong receiving numbers, or incorrect offer selections by any party.
  • Network outages, device restrictions, Safaricom service changes, or M-Pesa processing delays.
  • Customer disputes or refund obligations that arise from the agent's offer, pricing, or delivery.
  • Indirect, consequential, or punitive losses of any kind.
16

Suspension and Termination

We may suspend, limit, or terminate access if we detect abuse, fraud, security risks, non-payment, Terms violations, or activity that harms users or the platform. Where circumstances allow and the action is not urgent, we will attempt to notify the affected user before taking action.

Agents may stop using the app at any time and may request account deletion through support. Termination does not affect any obligations that arose before the termination date, including outstanding disputes or legal proceedings.

17

Contact

Questions about these Terms, fraud reports, or support requests can be sent to support@bingwaflash.co.ke or via bingwaflash.co.ke.