Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MbokaSend Inc. ("MbokaSend," "we," "us," or "our"), an Illinois C-Corporation (File #75461593) registered as a Money Services Business with the Financial Crimes Enforcement Network (FinCEN MSB #MRX26-00003122).

By accessing or using mbokasend.org, creating an account, or initiating any money transfer, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Services

MbokaSend provides digital money remittance services enabling users located in the United States to transfer funds to recipients in the Democratic Republic of Congo (DRC) via mobile money networks, including:

• M-Pesa (Vodacom DRC)
• Airtel Money (Airtel DRC)
• Orange Money (Orange DRC)

MbokaSend acts as a money transmitter and does not provide banking, investment, or financial advisory services.

3. Eligibility

To use MbokaSend services, you must:

• Be at least 18 years of age
• Be a legal resident of the United States
• Provide accurate, truthful, and complete information during registration
• Not be subject to any U.S. sanctions (OFAC SDN list)
• Have a valid U.S. payment method (bank account or credit/debit card)
• Not be located in or transferring to any OFAC-sanctioned jurisdiction

4. Account Registration

You must create an account to use MbokaSend. By registering, you agree to:

• Provide accurate and complete information
• Maintain the security of your password
• Promptly update any information that changes
• Accept all responsibility for activity on your account
• Complete identity verification (KYC) as required

Identity Verification (KYC):

MbokaSend is required by law to verify the identity of its customers. Depending on your transaction volume, you may be required to provide:

• Full legal name and date of birth
• U.S. residential address
• Government-issued photo ID (driver's license or passport)
• Last 4 digits of Social Security Number (SSN)

5. Transfer Limits & Fees

Exchange rates are determined at the time of transaction. The current exchange rate is displayed on the MbokaSend calculator before you confirm any transfer. MbokaSend applies a small margin to the mid-market exchange rate.

6. Prohibited Uses

You agree not to use MbokaSend for any of the following:

• Money laundering, terrorist financing, or any illegal activity
• Transactions involving proceeds of crime
• Circumventing any reporting requirements (structuring)
• Sending funds to OFAC-sanctioned individuals or entities
• Fraudulent or unauthorized transactions
• Business transactions disguised as personal transfers
• Any transaction that violates applicable U.S. or DRC laws

7. Compliance & Regulatory Requirements

MbokaSend operates in compliance with all applicable U.S. federal and state laws, including:

• Bank Secrecy Act (BSA)
• USA PATRIOT Act
• OFAC regulations
• Illinois Transmitters of Money Act (pending IDFPR license)
• FinCEN MSB regulations

You consent to MbokaSend collecting, using, and sharing your information as required to comply with these regulations, including filing Currency Transaction Reports (CTRs) and Suspicious Activity Reports (SARs) with FinCEN as required by law.

8. Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MBOKASEND SHALL NOT BE LIABLE FOR:

• Delays in fund delivery caused by third-party payment networks (M-Pesa, Airtel, Orange)
• Losses resulting from incorrect recipient information provided by the user
• Service interruptions caused by technical failures or force majeure events
• Indirect, incidental, or consequential damages
• Exchange rate fluctuations between order placement and execution

MbokaSend's maximum liability to any user shall not exceed the amount of fees paid by that user in the 90 days preceding the claim.

9. Refund Policy

Eligible Refunds:

• Transaction not delivered within 24 hours of processing
• Duplicate transactions caused by technical error
• Transfer canceled before processing is complete

Non-Refundable:

• Transactions successfully delivered to recipient
• Cancellations requested after funds have been transmitted
• Transfers involving incorrect recipient information provided by user

To request a refund, contact support@mbokasend.org within 48 hours of the transaction.

10. Account Suspension & Termination

MbokaSend reserves the right to suspend or terminate any account for the following reasons:

• Violation of these Terms of Service
• Suspicious activity or AML concerns
• Failure to complete required KYC verification
• Fraudulent or unauthorized transactions
• OFAC match or sanctions screening failure
• Chargebacks or payment disputes

In case of account suspension, MbokaSend will make reasonable efforts to notify the user and provide instructions for resolving the issue, unless prohibited by law (e.g., during an active SAR investigation).

11. Dispute Resolution

Any dispute arising out of or relating to these Terms or MbokaSend services shall be resolved through:

1. First: Direct contact with MbokaSend support at support@mbokasend.org
2. Then: Binding arbitration under the American Arbitration Association rules
3. Jurisdiction: Will County, Illinois, USA

You waive any right to participate in class-action lawsuits against MbokaSend.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles. Federal law shall apply where applicable.

13. Contact Information