NyotaLoans Terms of Service

1. Agreement Parties and Core Definitions

1.1 Agreement Parties

These Terms of Service (hereinafter referred to as "these Terms") are formulated by FUTUREINNO DIGITAL TECH LIMITED (a fintech company registered under the laws of the Republic of Kenya, hereinafter referred to as "we", "us", or "NyotaLoans"), which reserves the final right of interpretation. We are the legitimate operator of the "NyotaLoans" brand and related services, and legally enjoy all intellectual property rights and service operation rights of the brand.

1.2 Definition of Core Terms

• Platform: Collectively refers to the official website operated by us (https://www.nyotaloans.com) and the NyotaLoans mobile application;
• Services: Refers to all relevant services provided by us to you through the Platform, including but not limited to personal credit loan product recommendation and application, loan limit assessment, repayment plan formulation, bill inquiry, overdue reminder, and debt negotiation;
• User: Refers to a natural person who accesses the Platform and uses the Services (and must meet the registration qualifications stipulated in these Terms); if you use the Services on behalf of an enterprise or other organization, you must declare that you have obtained legal authorization and ensure that such entity is bound by these Terms;
• Personal Data: Refers to any information directly or indirectly related to an identifiable natural person, as defined by the Kenya Data Protection Act 2019, including but not limited to name, national ID number, contact information, and financial information;
• Third-Party Service Providers: Refers to legitimate institutions that provide us with auxiliary services such as technical support, payment processing, credit reference inquiry, and debt collection services, including but not limited to licensed credit reference bureaus and payment institutions.

2. Scope of Application and Effectiveness of Terms

2.1 Scope of Application

These Terms apply to all rights and obligations arising between you and us from accessing the Platform, registering an account, and using the Services. Any act of you using the Services shall be deemed as your full acceptance of these Terms.

2.2 Hierarchy of Terms

These Terms constitute the core legal agreement between you and us regarding the provision and use of the Services. If there is any conflict between these Terms and the NyotaLoans Loan Agreement, the NyotaLoans Loan Agreement shall prevail with respect to the specific loan business scope involved in the conflict; if there is any conflict with the NyotaLoans Privacy Policy, the applicable rules shall be determined based on the primary principle of protecting your information security; matters not covered by these Terms shall be governed by the aforementioned associated agreements and relevant Kenyan laws and regulations.

2.3 Revision and Notification of Terms

We reserve the right to revise these Terms in accordance with updates to Kenyan laws and regulations such as the Financial Institutions Act, the Data Protection Act 2019, and the Kenyan Contract Act, as well as business adjustment needs. The revised Terms will be notified to you through prominent means such as platform pop-up windows, in-app announcements, or SMS. After the notification is issued, your continued use of the Services shall be deemed as acceptance of the revised Terms; if you disagree with the revised content, you shall immediately stop using the Services and cancel your account, otherwise, it shall be deemed as implied acceptance of the revision.

3. User Qualifications and Information Obligations

3.1 Registration Qualifications

You confirm and warrant that you have reached the age of 18, have full capacity for civil conduct, and are a legal resident of Kenya or a holder of a valid residence permit when registering a NyotaLoans account. Minors under the age of 18 are not allowed to use the Services. If we discover that a minor has mistakenly registered or used the Services, we will immediately suspend the Services, freeze the account, and delete relevant information, and we shall not be liable for any consequences arising therefrom.

3.2 Provision and Update of Information

During the registration and use of the Services, you are required to provide true, accurate, and complete information as required by the Platform, including but not limited to name, national ID number, mobile phone number, residential address, occupation, monthly income, and emergency contact information. Such information will be used for identity verification, credit assessment, and the construction of anti-fraud data models. We will process the relevant data in strict accordance with the Data Protection Act 2019 and the NyotaLoans Privacy Policy.

If the information you provide is false, invalid, or incomplete, we have the right to take measures such as refusing the registration application, suspending account permissions, or terminating the Services. You shall bear all consequences arising therefrom, including but not limited to being unable to borrow, damaged credit records, and restricted account functions. You shall take the initiative to update the content through "Personal Center - Personal Information" on the Platform in a timely manner after any change in your personal information to ensure the timeliness and accuracy of the information; you shall be solely responsible for any losses caused by your failure to update the information in a timely manner.

4. Account Management and Security

4.1 Account Usage Rules

After successful account registration, you should set a password with high security (recommended to include letters, numbers, and special characters) and properly keep your account name, password, mobile phone verification code, identity verification materials, and relevant security certificates. All operations conducted through your account (including but not limited to applying for loans, modifying information, confirming repayments, and authorizing inquiries) shall be deemed as your true intention, and you shall bear legal responsibility for all consequences arising from such operations.

Your account is for your personal use only, and it is strictly prohibited to rent, lend, transfer, or gift it to others. If you violate this provision, we have the right to directly cancel the account, and you shall bear joint and several liability for all actions of the account borrower; you shall bear all losses arising from the lending or transfer of the account.

4.2 Account Security Responsibility

If you discover account theft, password leakage, or abnormal operations (such as unfamiliar logins, unauthorised application records, etc.), you shall immediately submit a written explanation through the official customer service email ([email protected]) or "Personal Center - Feedback" on the Platform, and cooperate with us in identity verification and investigation. We shall not be liable for any losses caused by the leakage of account information due to your own negligence (such as setting an overly simple password or disclosing account information to others); if it is verified that the loss is caused by a platform system vulnerability, we will bear corresponding compensation liability in accordance with the law.

To enhance account security, we may require you to supplement identity verification (such as facial recognition, secondary verification code verification, etc.) when you perform sensitive operations (such as modifying the password, changing the bound mobile phone, or applying for a large loan), and you shall cooperate; if you refuse to cooperate, we have the right to restrict the relevant operations, and you shall bear all consequences arising therefrom, such as the inability to use the Services normally.

5. Service Content and Usage Rules

5.1 Scope of Services

We provide the following core services to eligible users: personal credit loan product recommendation and application, dynamic assessment of loan limits, formulation of personalized repayment plans, bill inquiry and push, overdue reminders, debt negotiation, and post-loan management. The specific service content, loan limit, interest rate, term, and repayment method will be comprehensively determined and dynamically adjusted based on factors such as your credit status, repayment capacity, and regulatory requirements, and we reserve the final right of review and adjustment.

The Platform matches you with suitable loan solutions through algorithm models combined with third-party credit reference data (such as data from licensed institutions such as TransUnion Kenya and Metropol Credit Reference Bureau). The core elements such as interest rates and terms in the relevant solutions are in compliance with the regulatory requirements of the Central Bank of Kenya. You can carefully review the details of the solution before applying and independently choose whether to accept it; your submission of a loan application shall be deemed as acceptance of all terms of the solution.

5.2 Usage Rules

When using the Services, you shall strictly comply with the following rules:

• Shall not use the Services to engage in any activities that violate Kenyan laws and regulations, such as money laundering, terrorist financing, fraudulent lending, or misappropriation of funds;
• Shall not forge or alter identity information, income certificates, bank statements, residential certificates, or other application materials, or apply for loans in the name of others;
• Shall repay the full amount within the term stipulated in the NyotaLoans Loan Agreement. If you need to extend the repayment period, you can submit an application through the Platform before the due date of repayment, and we will review it and inform you of the result. Any extension without our consent will be deemed as overdue, and overdue fees will be charged in accordance with the agreement;
• Shall promptly pay attention to the account status, bill information, and platform notifications, cooperate with the post-loan information verification work, and shall not intentionally lose contact, refuse to communicate, or evade repayment obligations;
• Shall not disclose, sell, or illegally provide the personal information of others obtained through the Platform, or use such information to engage in activities that infringe upon the legitimate rights and interests of others;
• Shall not use the Platform Services to engage in any acts that harm the legitimate rights and interests of us or third parties.

6. Data Protection and Compliance

6.1 Data Processing Specifications

We will collect, use, store, and share your personal data in strict accordance with the provisions of the Data Protection Act 2019 and the NyotaLoans Privacy Policy. The scope of collected data includes: personal information actively filled in by you, device data authorized by you (such as compliant identifiers such as device model, Android ID, GAID, and IDFA), and supplementary information obtained from legitimate third parties (such as credit reference data). The aforementioned data will only be used for legitimate purposes such as credit assessment, service optimization, anti-fraud risk control, and performance of the agreement, and will not be used for purposes other than those stipulated in these Terms.

We will take the following security measures to protect the security of your information:

• Data Transmission: Adopt HTTPS protocol encryption for data transmission to ensure the security of data during transmission;
• Data Storage: Adopt AES-256 encryption algorithm for encrypted storage, and implement full-process encryption and desensitization of sensitive information such as mobile phone numbers and national ID numbers;
• Permission Control: Establish a data classification and grading management system, set strict access permissions and operation log monitoring, and limit the access scope of sensitive information;
• Security Audit: Regularly invite third-party security institutions to conduct security audits and vulnerability testing, and promptly fix security risks to ensure the safe and stable operation of the system.

6.2 User Data Rights

In accordance with the Kenya Data Protection Act 2019, you legally enjoy the following data rights:

• Right of Access: You can query personal business-related information (such as historical applications, transaction records, repayment details, etc.) through "Withdrawal Records" on the Platform; if you need to obtain a more detailed copy of the information, you can apply through customer service channels;
• Right to Rectification: If you find that your personal information is incorrect or incomplete, you can directly modify it through "Personal Center" on the Platform, or contact customer service for assistance through "Personal Center - Feedback". We will handle it after verification;
• Right to Erasure: When the statutory conditions are met (such as the information is no longer necessary for the Services, we engage in illegal processing activities, etc.), you can apply to cancel your account through "Personal Center - Account Deletion" or customer service channels; after the account is cancelled, your information will be anonymized after being retained for the necessary period as stipulated in the NyotaLoans Privacy Policy, and the anonymized data cannot be associated with your identity;
• Permission Management: You can independently manage application permissions (such as camera permissions) through device settings; we will not use the permissions for purposes other than those stipulated in these Terms.

6.3 Restrictions on Data Sharing

We commit not to sell or rent your personal data to any third party. Your information may only be shared with third parties within the necessary scope in the following circumstances:

• Obtain your explicit consent or authorization;
• To perform these Terms and the NyotaLoans Loan Agreement and achieve the purpose of the Services (such as sharing information with payment service providers to complete loan disbursement, submitting performance records to credit reference bureaus, etc.);
• Comply with the provisions of laws and regulations or respond to the legitimate requirements of competent authorities (such as courts, regulatory authorities);
• Share with affiliates and cooperative service providers, provided that such third parties are required to assume the same privacy protection responsibilities as us, and the information can only be used for the purpose of achieving the Services.

7. Prohibited Acts

When using the Platform and Services, you shall not engage in any of the following acts; if you violate this, we have the right to take measures such as suspending the Services, freezing the account, canceling the account, and pursuing legal liability, and you shall bear all consequences arising therefrom:

• Use automated means such as robot programs, crawler tools, and script plug-ins to register accounts in batches, crawl platform data, or interfere with the normal operation of the Platform;
• Decompile, disassemble, modify, or crack the platform software, or produce or distribute derivative versions of the Platform;
• Spread viruses, malicious codes, false information, or engage in phishing, fraud, or other acts that interfere with platform operations or mislead or infringe upon the rights and interests of other users;
• Use the Platform Services to evade debts, maliciously default, or assist others in evading financial supervision and engaging in illegal and irregular activities;
• Violate the provisions related to data protection and illegally collect, store, use, or spread the personal information of others;
• Use the Services in the name of others' accounts or identity information, or forge transaction records and vouchers;
• Other acts that violate Kenyan laws and regulations, the provisions of these Terms, or harm the legitimate rights and interests of us and third parties.

8. Third-Party Services and Links

8.1 Third-Party Links and Services

The Platform may contain third-party service entrances or links (such as M-Pesa payment channels). Such third-party services are independently provided by their operators. We only provide technical linking services, do not participate in the operation of third-party services, and do not bear any responsibility for the service quality, security, legality, or information protection level of such services.

When using third-party services, you need to independently read and comply with the service terms and privacy policies of such third parties, and independently judge the security and legality of their services. If any dispute, loss, or dispute arises due to third-party services, you shall directly negotiate with the third party for resolution; we may provide necessary assistance but shall not bear any joint and several liability.

8.2 Third-Party Software Development Kits (SDKs)

To realize specific functions, the Platform integrates several third-party Software Development Kits (SDKs). These SDKs may collect and process some of your device or usage information. For detailed information such as the specific types of SDKs, providers, processing purposes, and links to privacy policies, please refer to Section 5.5 of the NyotaLoans Privacy Policy.

9. Intellectual Property Rights

All intellectual property rights of the Platform, including but not limited to software programs, interface designs, trademark logos, text content, graphic materials, algorithm models, and data systems, belong to us or the relevant right holders. Without our prior written permission, you shall not arbitrarily copy, spread, adapt, translate, display, or use such intellectual property content, nor use the Platform content for commercial purposes or other purposes that are not legally for personal use.

Any feedback, suggestions, ideas, or other content submitted by you during the use of the Services shall be deemed as gratuitously granting us a global, non-exclusive, and transferable right to use. We may use it for commercial or non-commercial purposes such as service optimization, product research and development, and technical improvement without paying any additional remuneration to you.

10. Disclaimer and Limitation of Liability

10.1 Disclaimer Scenarios

We shall not be liable for any service interruption, inability to use, or user loss caused by the following scenarios:

• Force majeure events such as natural disasters, wars, strikes, and riots;
• Inability to access the Platform caused by non-our reasons such as telecommunications operator network failures, power outages, and infrastructure damage;
• System paralysis or data leakage caused by external illegal acts such as third-party malicious attacks, hacking, and virus infections (provided that we have fulfilled reasonable security obligations);
• Losses caused by your own device failures, operational errors, unstable network environment, or failure to comply with the provisions of these Terms;
• Delays, losses, or errors in information transmission caused by inherent risks of Internet transmission;
• Losses caused by third-party service failures or irregular acts (except as otherwise agreed in Article 8 of these Terms).

10.2 Limitation of Liability

To the maximum extent permitted by applicable law, the total liability of us for any direct loss arising from or in connection with the Services shall not exceed the total amount of principal and interest of the loan involved in the single event giving rise to such liability. This limitation of liability shall not apply to situations involving our intentional misconduct, gross negligence, or circumstances prohibited by mandatory legal provisions. We shall not be liable for any indirect losses (including but not limited to loss of profits, credit loss, loss of expected benefits, and opportunity loss). We provide reasonable guarantees for the accuracy, completeness, and timeliness of the Platform content, but do not guarantee absolute correctness; you shall bear corresponding risks for any decisions made based on the Platform information.

11. Indemnification Liability

If we suffer any loss (including but not limited to fines, compensation, attorney fees, litigation fees, investigation fees, and goodwill loss) due to your violation of the provisions of these Terms, provision of false information, abuse of the Services, engagement in prohibited acts, or infringement of the legitimate rights and interests of third parties (such as intellectual property rights and privacy rights), you shall bear full indemnification liability. We have the right to directly deduct the corresponding amount from your loan balance or repayment funds to compensate for the loss; if the deduction is insufficient, we have the right to pursue recovery through legal channels.

If your acts cause losses to third parties and the third parties require us to bear liability, we have the right to fully recover from you after bearing the liability.

12. Account Termination and Service Suspension

12.1 Voluntary Termination by User

After settling all loan principal and interest, overdue fees, and other payable amounts, you can independently apply to terminate your account through "Personal Center - Account Deletion" on the Platform. After submitting the application, we will complete the verification within 10 working days and process the account cancellation procedures after confirming that there are no outstanding debts or unresolved disputes. After the account is cancelled, your information will be anonymized after being retained for the necessary period as stipulated in the NyotaLoans Privacy Policy, and the anonymized data cannot be associated with your identity; the account cancellation will not affect the original rights and obligations arising from your use of the Services before the cancellation.

12.2 Unilateral Termination or Suspension by Platform

We have the right to suspend or terminate your account and Services without assuming liability for breach of contract if any of the following circumstances occur:

• You engage in the prohibited acts stipulated in Article 7 of these Terms, which are serious in nature or cause adverse effects;
• We receive a notice from competent authorities such as Kenyan financial regulatory authorities or judicial organs requiring the restriction or termination of services;
• You violate other core obligations under these Terms and fail to correct them within 15 working days after being notified by us.

After the suspension or termination of the Services or account, your repayment obligations, information confidentiality obligations, indemnification liability, and other obligations shall continue to be performed; we will no longer provide you with the Services, but still have the right to retain your relevant information to perform legal duties or resolve unresolved disputes.

13. Dispute Resolution and General Provisions

13.1 Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute or controversy arising from these Terms shall first be resolved through friendly negotiation between the parties; if negotiation fails, either party has the right to file a lawsuit with the Nairobi Commercial Court of Kenya.

13.2 Severability of Terms

If any part of these Terms is deemed invalid, unenforceable, or illegal by a competent authority, it shall not affect the legal effect of the remaining parts. The invalid, unenforceable, or illegal part shall be replaced by the clause that is closest to the original intention and legally valid to ensure that the core purpose of these Terms is achieved.

13.3 Notice and Service

Notices sent by us to you through platform announcements, SMS, in-app messages, and other means shall be deemed served within 24 hours from the date of sending; if you fail to promptly notify us of changes to your reserved contact information, resulting in the inability to deliver the notice, it shall be deemed served. Notices sent by you to us must be submitted through the official customer service channels specified in these Terms, and the date of confirmation of receipt by us shall be the date of service.

13.4 Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Services, replacing any prior oral or written agreements, understandings, or commitments between the parties. Our failure to exercise or delay in exercising any right under these Terms shall not be deemed a waiver of such right; the partial exercise of a right shall not affect the exercise of other rights.

14. Contact Information

If you have any questions, complaints, or suggestions about these Terms, or need to exercise your rights related to personal data, you can contact us through the following channels:

• Official Customer Service Email: [email protected]
• In-App Feedback: Enter the NyotaLoans APP and click "Personal Center - Feedback" to leave a message

We will contact you within 5 working days after receiving your inquiry, complaint, or application, and provide a clear handling result or reply within 14 working days.

Last Updated Date of these Terms of Service: 5 January 2026, effective from the date of publication.