Terms of Service

Contents

1. Parties and Introduction
2. Dalfal's Role — Neutral Marketplace Intermediary
3. Eligibility
4. Account Registration and Verification
5. Kunde Obligations
6. Fundi Obligations
7. The Bidding Model
8. Job Agreement — What You Both Agree To When a Bid Is Accepted
9. Payments, Commission, and Taxes
10. Cancellations and Refunds
11. Prohibited Conduct and Self-Dealing
12. Reviews and Ratings
13. Intellectual Property
14. User Content and Illegal Content
15. Privacy and Data Protection
16. Disclaimers
17. Limitation of Liability
18. Indemnity
19. Suspension and Termination
20. Dispute Resolution Between Users
21. Governing Law and Jurisdiction
22. Changes to These Terms
23. Contact
24. Open items for counsel

1. Parties and Introduction

These Terms of Service ("Terms") govern your use of the Dalfal mobile application and any related services (together, "the Platform") operated by Dalfal ("the Operator", "we", "our", "us") [verify with counsel — insert the registered legal entity name, company registration number, and registered office address once confirmed].

By creating an account or using the Platform in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

The Platform connects two types of users:

• Kunde — a user who posts a task and seeks to hire a service provider.
• Fundi — a user who bids on tasks and provides services to Kundes.

A single person may hold only one active account. A Kunde may apply to become a Fundi through the in-app upgrade path; both roles cannot be active at the same time.

2. Dalfal's Role — Neutral Marketplace Intermediary

Dalfal is a technology platform that connects Kundes with Fundis. We are not a party to any service contract formed between a Kunde and a Fundi. We are not the employer of Fundis. Fundis are independent contractors, not employees, agents, or workers of Dalfal. This is the single most important liability boundary in this document, and it is applied consistently in the Disclaimers (section 16), Limitation of Liability (section 17), and Fundi Obligations (section 6) below.

What Dalfal provides:

• The technology to post tasks and submit bids.
• Identity (KYC) verification for Fundis before they can take bookings.
• Payment facilitation via Paystack, over the M-Pesa and Airtel Money mobile-money rails.
• In-app messaging between Kundes and Fundis.
• A ratings and reviews system.

What Dalfal does not do:

• Supervise, direct, or control how a Fundi performs any service, including hours, tools, or method.
• Set a Fundi's working hours or restrict them from working for anyone else.
• Guarantee the quality, safety, legality, or outcome of any service.
• Guarantee that a task will receive bids, or that a Fundi will be hired.
• Employ or engage Fundis, or accept liability for their acts or omissions.

The service contract for each job — its scope, price, and performance standards — is formed directly between the Kunde and the Fundi when the Kunde accepts a bid. Dalfal is not a party to that contract. [verify with counsel — confirm this independent-contractor characterisation is defensible against a claim of employment under the Employment Act 2007's economic-reality test.]

3. Eligibility

• You are at least 18 years of age.
• You are a natural person (individual accounts only; corporate accounts are not currently available).
• You have a valid mobile phone number registered with Safaricom (M-Pesa) or Airtel Kenya (Airtel Money).
• You have the legal capacity to enter binding contracts under the laws of Kenya.
• You are not prohibited from using the Platform by any applicable law or a prior Dalfal suspension.

4. Account Registration and Verification

4.1 Registration

To create an account you must provide a valid phone number and confirm it with a one-time code sent via WhatsApp or email. You may also add your full name and email address.

4.2 Verification by role

Identity verification is asymmetric by role:

Kunde. Verified by phone number only. Dalfal does not collect a national ID document, selfie, or any biometric data from a Kunde.

Fundi. Before accepting any booking, a Fundi must complete a full Know Your Customer ("KYC") process:

• Your government-issued national identity document.
• A live selfie photograph, taken in the app, checked against your ID portrait.

Your ID number is never stored in readable form — it is hashed immediately on entry and the original is discarded. Only the hash and the last four digits are kept, for duplicate-account prevention. A Dalfal team member reviews your submission before your account is approved. KYC approval is required before a Fundi account may accept jobs or receive payouts.

4.3 Account security

Keep your login credentials and codes secure and do not share your account. Report a suspected compromise to security@dalfal.com. Each person may hold only one account.

5. Kunde Obligations

As a Kunde you agree to:

• Post tasks that accurately describe the work, location, required skills, timeline, and a genuine budget.
• Not post tasks for services that are illegal, dangerous, or violate these Terms or Kenyan law.
• Communicate honestly and respectfully with Fundis.
• Be present or make your property reasonably accessible at the agreed time.
• Pay the agreed task budget promptly, in full, only via Paystack (M-Pesa or Airtel Money) — no side payments outside the Platform (see section 11).
• Provide a genuine rating and review after a job is completed (section 12).
• Not submit a cancellation or refund request in bad faith.

6. Fundi Obligations

As a Fundi you agree to:

• Keep your profile, declared service area, and skills accurate and current.
• Bid only on tasks you are genuinely able and willing to complete.
• Perform work to a competent standard, at the agreed time and place.
• Hold any licence or trade certificate Kenyan law requires for your category of work.
• Communicate honestly and respectfully with the Kunde, and keep their personal information confidential.
• Not accept payment outside the Platform for work matched through Dalfal (section 11).
• Provide a genuine rating and review after a job is completed (section 12).
• Handle your own tax obligations to the Kenya Revenue Authority on income earned through the Platform, as an independent contractor — not an employee of Dalfal.

7. The Bidding Model

A Fundi bids the task budget the Kunde set — Fundis do not set their own price. Bidding is currently free. A Kunde is under no obligation to accept any bid. Accepting a bid forms a direct service contract between the Kunde and the Fundi at the task budget price; Dalfal facilitates it but is not a party to it. A Fundi must not double-book a job they cannot actually attend.

8. Job Agreement — What You Both Agree To When a Bid Is Accepted

When a Kunde accepts a Fundi's bid, both parties enter a direct job agreement with each other. Dalfal is not a party to it — we are the platform that records and facilitates it.

8.1 Scope of work

The task posting defines exactly what the Fundi is agreeing to do. Additional work not described in the posting is a new job, requiring a new task and a new agreement.

8.2 Timelines

The agreed date/time is the one confirmed at bid acceptance. Either party must give the other reasonable notice via in-app chat if plans change.

8.3 Payment terms

Payment is made through Paystack, over M-Pesa or Airtel Money. On confirmation the job is complete, Dalfal disburses the Fundi's net payout — the task budget less the platform commission (section 9.3) — via Paystack.

8.4 Revision policy

If completed work does not match what was agreed, the Fundi corrects it at no extra charge. A genuine change of mind by the Kunde, or new requirements, is a new job at additional cost.

8.5 Electronic acceptance

Tapping "Accept bid" is intended to operate as a binding electronic signature under the Kenya Information and Communications Act (Cap. 411A) Part VIA — sections 83 and 83J. The Platform records a timestamp, the accepting user's identifier, and the Terms version in force at acceptance. [verify with counsel — confirm against the current consolidated KICA text.]

9. Payments, Commission, and Taxes

All payments and payouts are processed through Paystack, our payment-technology provider, over the M-Pesa (Safaricom) and Airtel Money (Airtel Kenya) mobile-money rails.

The Operator charges a platform commission of 20% of the task budget as consideration for the Platform's services to the Fundi. The Commission is deducted before the Fundi's net payout is calculated — the Kunde always pays exactly the agreed task budget, with no additional charge on top.

Worked example (illustrative only — your transaction's exact figures are always shown in the app before you confirm):

• Task budget paid by Kunde: KES 1,000
• Platform commission (20%): KES 200
• Fundi net payout: KES 800

The Fundi is responsible for their own tax obligations to KRA arising from Platform income, consistent with their independent-contractor status. [verify with counsel — confirm any Income Tax Act withholding obligation on Fundi payouts and whether VAT applies to the platform commission once the Operator's taxable turnover crosses the statutory threshold.]

The Operator retains payment records for a minimum of 7 years from the transaction date. [verify with counsel — confirm whether routing payments through Paystack keeps the Operator outside the National Payment System Act 2011 authorisation perimeter, and confirm Paystack's own regulatory status for Kenyan mobile-money transactions.]

Payout phone number. A Fundi's payout is sent to the phone number on their own Dalfal account record. The Paystack payment screen fills this number in automatically; a Kunde does not type or choose it and only confirms payment. If a Kunde edits that prefilled number before paying, the Kunde is solely responsible for the result. If a Fundi has registered an incorrect number, the Fundi is solely responsible for a payout that fails to reach them. The Operator is not liable for a loss caused by either party's own error with this number. [verify with counsel — confirm this allocation is enforceable against a consumer Kunde under the Consumer Protection Act 2012's unconscionable-terms provisions; consider whether the field should be made non-editable as a product change.]

10. Cancellations and Refunds

• Before a bid is accepted: a Kunde may cancel at no charge, any time.
• After acceptance, before work begins: a cancellation fee may apply, shown in the app.
• During or after work: resolve directly first; if that fails, raise a formal dispute (section 20).

Refunds are issued at the Operator's discretion following a dispute investigation, subject to Paystack's reversal mechanics and any consumer refund rights you have under the Consumer Protection Act 2012 (sections 31–33) [verify with counsel — confirm the applicable refund window]. Refunds are returned via Paystack to the original paying mobile-money number only.

No refund once a payout has released. A payout to a Fundi is a one-directional mobile-money transfer and cannot be reversed once it completes — this is how mobile money works, not a Dalfal choice. Your opportunity to raise a concern is before you confirm a job complete, not after: once confirmed, the payout process starts immediately. Raise any concern first, by messaging the Fundi or opening a dispute (section 20). A dispute raised after release cannot recover the funds from the Fundi; any refund to the Kunde at that point comes from the Operator's own funds, at its discretion only. [verify with counsel — as of this version, the live product releases the payout immediately on the Kunde's confirmation, with no separate timed hold beforehand; if a fixed pre-release hold is built, this clause must state the exact window.]

11. Prohibited Conduct and Self-Dealing

You must not use the Platform to:

• Arrange or accept payment off-platform for work first introduced through Dalfal, or swap contact details to avoid the platform commission.
• Create a false or misleading profile, task, bid, or review, or misrepresent your qualifications.
• Submit false or fabricated KYC documents.
• Manipulate the review system, or raise disputes in bad faith.
• Facilitate money laundering, terrorism financing, fraud, or any other financial crime.
• Harass, threaten, or discriminate against another user — an offence under the Computer Misuse and Cybercrimes Act 2018, section 27 (cyber harassment).
• Impersonate another person or business — CMCA 2018 section 29.
• Upload forged identity documents — CMCA 2018 section 25.
• Upload or transmit obscene, defamatory, or unlawful content, including content constituting child sexual abuse material — a criminal offence under CMCA 2018 section 24, removed and reported immediately.
• Attempt unauthorised access to, or interference with, the Platform — CMCA 2018 sections 14 and 16.
• Open more than one account, including after a suspension.

The Operator may suspend or terminate accounts engaged in prohibited conduct and may report conduct that appears criminal to the National Computer and Cybercrimes Coordination Committee (NC4), the Directorate of Criminal Investigations, or another competent authority.

12. Reviews and Ratings

Reviews may be submitted only after a job is marked complete, must honestly reflect your experience, and must relate to a job you actually participated in. The Operator may remove reviews that violate these Terms or the law, but never solely because they are negative.

13. Intellectual Property

The Dalfal name, logo, and Platform software are owned by or licensed to the Operator and protected under the Copyright Act 2001 (as amended 2019) and the Trade Marks Act (Cap. 506). You retain ownership of content you post, and grant us a licence to use, store, display, and moderate it to run the Platform. Report suspected infringement to copyright@dalfal.com or ip@dalfal.com.

14. User Content and Illegal Content

You are solely responsible for content you post. Report unlawful content via the in-app reporting feature or abuse@dalfal.com. Under the Computer Misuse and Cybercrimes Act 2018 section 56, Dalfal is not liable for user content merely because it hosts it; liability attaches once we have actual notice or knowledge of unlawful content and fail to act promptly. [verify with counsel — confirm the current constitutional status of CMCA 2018 following the Court of Appeal's 2026 judgment in BAKE v Attorney General.]

15. Privacy and Data Protection

We process your personal data under the Data Protection Act No. 24 of 2019 and our Privacy Policy, incorporated by reference. We collect your phone number, name, and (where given, or where required by Paystack) email; for Fundis only, a government ID image, a live selfie, and date of birth; task, bid, and message content; and Paystack payment/payout metadata. Your data is stored on our own self-hosted PostgreSQL servers — not Supabase or any third-party database service — and we never sell it. You have rights of access, correction, deletion, objection, and consent-withdrawal under the Data Protection Act 2019, and the right to complain to the Office of the Data Protection Commissioner (ODPC).

16. Disclaimers

The Platform is provided "as is" and "as available." To the maximum extent permitted by Kenyan law:

• We do not warrant the Platform is uninterrupted or error-free.
• We do not verify a Fundi's trade qualifications beyond the KYC check in section 4.
• Because Dalfal is a marketplace, not the service provider, we do not guarantee any Fundi is suitable for your task, or that a task will be completed to your satisfaction.
• Nothing here affects your statutory rights as a consumer under the Consumer Protection Act 2012 or the Competition Act 2010 that cannot be excluded by contract.

17. Limitation of Liability

To the maximum extent permitted by Kenyan law, the Operator's total liability to you is limited to the greater of the platform commission on the relevant transaction, or KES 500. Because Dalfal is not a party to the contract between a Kunde and a Fundi, we are not liable for loss arising from that contract, for indirect losses, or for failures of Paystack, M-Pesa, or Airtel Money that we do not control. Nothing here limits liability that cannot be excluded under Kenyan law, including for death or personal injury caused by our own negligence. [verify with counsel — confirm the KES 500 cap is enforceable against a consumer under the Consumer Protection Act 2012's unconscionable-terms provisions.]

18. Indemnity

You agree to indemnify the Operator against claims arising from your breach of these Terms, your acts or omissions in performing or receiving a service, content you post, or your violation of Kenyan law or a third party's rights. [verify with counsel — confirm enforceability against a consumer Kunde.]

19. Suspension and Termination

We may suspend or terminate your account for breach of these Terms, fraud, illegal conduct, risk to other users, a legal requirement, or 24 months of inactivity. You may close your account any time via support@dalfal.com or the in-app option. On closure, your KYC images (Fundi only) are deleted from object storage no later than 2 years after closure, subject to any applicable retention requirement [verify with counsel].

Data retained after deletion. Closing your account permanently ends your access and removes your profile from other users' view, but does not erase every record immediately. We retain a limited account and payment-history record for a defined period for fraud prevention, dispute resolution, and legal claims, and may disclose it to a competent Kenyan law-enforcement or judicial authority on a valid legal request during that period — see Privacy Policy section 4.14 for the exact period and legal basis. If you register again after a prior account of yours was deleted, your new registration is not blocked and you are not told a prior account existed; it may be flagged for an internal, staff-only fraud-prevention review that compares it against previously deleted accounts — the result is never disclosed to you or any other user. [verify with counsel — confirm this design against Kenyan transparency obligations. Note: this section does not describe the matching identifier as "irreversible" — a fast, unsalted hash of a Kenyan phone number is not cryptographically irreversible on its own; the protection here is staff-only access control, not hash strength.]

20. Dispute Resolution Between Users

Resolve disputes directly via in-app chat first. If that fails, raise a formal dispute in-app or by emailing support@dalfal.com; we will review both sides and make a platform-level determination. For disputes with the Operator that cannot be resolved informally, binding arbitration is seated in Nairobi under the Arbitration Act No. 4 of 1995. [verify with counsel — confirm enforceability against consumers and the appointing authority.] Nothing prevents either party from seeking urgent court relief in Kenya.

21. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Kenya. Subject to the arbitration clause above, the courts of Kenya have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

22. Changes to These Terms

Dalfal may update these Terms from time to time. When we make a material change, we will notify you via the app or push notification, update the date at the top of this page, and give you a reasonable opportunity to review the changes before they take effect.

Your continued use of the Platform after a change takes effect constitutes your acceptance of the updated Terms. If you do not agree with a change, you must stop using the Platform and close your account before the change takes effect.

We will not make changes retroactively to your detriment in respect of transactions already completed.

23. Contact Us

Also read our Privacy Policy.

Open items for counsel before publication

The full itemised counsel-review backlog (14 numbered items covering entity registration, the independent-contractor characterisation, tax withholding on the platform commission, payments-regulation posture, arbitration enforceability, and more) is maintained in the source document docs/legal/terms-of-service.md, in the "Open items for counsel" section. This page is a published rendering of that document; the source document is the working list counsel should review.