Terms of Service

Last updated: May 15, 2025

1. Introduction

Welcome to FundAfrica.xyz ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the FundAfrica.xyz website and platform, including any content, functionality, and services offered on or through fundafrica.xyz (the "Platform").

By registering for an account or using our Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

2. Eligibility

To use the Platform, you must be at least 18 years old, have the legal capacity to enter into a binding agreement with us, and not be barred from using the Platform under applicable laws.

You may access the Platform in one of two capacities:

  • Entrepreneur: A business entity or individual seeking funding through the Platform. Entrepreneurs must be legally registered businesses in one of the 54 African countries supported by our Platform.
  • Investor: An individual or entity providing funding to Entrepreneurs through the Platform. Investors must meet all applicable legal requirements in their jurisdiction for making investments.

3. Account Registration

To access most features of the Platform, you must register for an account. When you register, you agree to:

  • Provide true, accurate, current, and complete information about yourself
  • Maintain and promptly update your account information
  • Keep your account credentials secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms.

4. KYC and Verification

All users must complete our Know Your Customer (KYC) verification process before engaging in funding activities on the Platform. This includes:

  • Providing identification documents
  • Verifying your identity through our secure processes
  • For Entrepreneurs: providing business registration and other relevant documentation
  • For Investors: confirming accreditation status where required by law

You authorize us to make inquiries, either directly or through third parties, that we consider necessary to verify your identity or protect you and others from fraud or other financial crime.

5. Platform Services

For Entrepreneurs: The Platform provides tools for creating funding campaigns, connecting with potential investors, receiving funds through smart contracts, and reporting on project progress.

For Investors: The Platform provides tools for discovering investment opportunities, conducting due diligence, transferring funds to entrepreneurs through smart contracts, and monitoring investments.

We do not guarantee that Entrepreneurs will receive funding or that Investors will receive returns on their investments. We are a technology platform facilitating connections and transactions between users.

6. Blockchain and Smart Contracts

The Platform utilizes blockchain technology and smart contracts to facilitate transactions. By using the Platform, you acknowledge and agree that:

  • Blockchain transactions are generally irreversible
  • You are responsible for maintaining the security of your wallet and private keys
  • Smart contract terms are binding once deployed to the blockchain
  • Milestone-based releases are governed by the verification processes defined in the smart contract

We provide explanations of all smart contract terms in plain language before you agree to participate in any transaction.

7. User Responsibilities

All Users agree to:

  • Comply with all applicable laws and regulations
  • Provide accurate and truthful information
  • Respect the intellectual property rights of others
  • Maintain the confidentiality of non-public information
  • Use the Platform for its intended purposes

Entrepreneurs additionally agree to:

  • Accurately represent their business and proposed use of funds
  • Use funds received for the stated business purposes
  • Provide truthful updates on milestone achievement
  • Comply with all contractual obligations to investors
  • Maintain accurate financial records

Investors additionally agree to:

  • Conduct their own due diligence on investment opportunities
  • Only invest funds they can afford to risk
  • Comply with applicable securities laws in their jurisdiction
  • Not engage in market manipulation or coordinated investment activities

8. Prohibited Activities

You agree not to:

  • Use the Platform for any illegal purpose
  • Circumvent or attempt to circumvent our KYC or security measures
  • Provide false or misleading information
  • Attempt to gain unauthorized access to the Platform or other users' accounts
  • Use the Platform to transmit malicious code or conduct phishing activities
  • Engage in activities that could damage, disable, or impair the functioning of the Platform
  • Use the Platform to raise funds for businesses engaged in illegal activities, weapons manufacturing, gambling, or other restricted categories as defined in our policies

9. Fees and Payments

Our fee structure is as follows:

  • For Entrepreneurs: 5% of funds successfully raised through the Platform
  • For Investors: 1% transaction fee on investments made through the Platform

All fees are automatically calculated and deducted at the time of transaction. Additional blockchain network fees may apply for certain transactions and are separate from our Platform fees.

We reserve the right to modify our fee structure with 30 days' prior notice to users. Any changes will not affect already-executed transactions.

10. Intellectual Property

The Platform and its original content, features, and functionality are owned by FundAfrica.xyz and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

By posting content on the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with the Platform and our business.

11. Privacy

Our Privacy Policy describes how we collect, use, and share information about you when you use the Platform. By using the Platform, you agree to our collection and use of information in accordance with our Privacy Policy.

12. Limitation of Liability

To the maximum extent permitted by law, FundAfrica.xyz and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Platform
  • Any conduct or content of any third party on the Platform
  • Any content obtained from the Platform
  • Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount you have paid to us in fees during the 12 months preceding the event giving rise to the liability.

13. Disclaimer of Warranties

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. We do not guarantee that the Platform will be uninterrupted, timely, secure, or error-free.

We do not provide investment advice, and nothing on the Platform should be construed as investment advice. All investments involve risk, and past performance does not guarantee future results.

14. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Platform, you and FundAfrica.xyz agree to first attempt to resolve the dispute informally. If we cannot resolve a dispute informally, all disputes shall be resolved through binding arbitration in accordance with the UNCITRAL Arbitration Rules.

15. Changes to Terms

We may modify these Terms at any time. When we make changes, we will provide notice to you by:

  • Sending an email to the email address associated with your account
  • Providing a notification on the Platform
  • Updating the "Last updated" date at the top of these Terms

Your continued use of the Platform after the changes become effective constitutes your acceptance of the revised Terms.

16. Contact Information

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

legal@fundafrica.xyz
FundAfrica Ltd.
Kilimani Business Center
Nairobi, Kenya