Terms of Service

1. Who we are

The Service is operated by Verifisha, a product of Sperico Limited, a company incorporated in Kenya (“Verifisha”, “we”, “us”). Verifisha provides consent-led identity, business, financial, risk and reference verification for organisations and individuals, primarily in Kenya. Sperico Limited is registered with the Office of the Data Protection Commissioner as a data processor (registration number 816-4166-93FB).

2. Who these Terms cover

These Terms apply to everyone who accesses or uses the Service. Some obligations depend on how you use it, so it helps to be clear about the roles:

• Customer — any person or organisation that accesses or uses the Service. If you use it mainly for your own personal purposes you are a Consumer; if you use it on behalf of an organisation you are a Business Customer.
• Authorised User — an employee, contractor, officer or agent permitted by a Business Customer to use the Service on its behalf. The Business Customer is responsible for its Authorised Users.
• Verification Subject — the individual whose information is being verified. A Verification Subject does not become a Customer, and is not bound by the commercial parts of these Terms, simply by completing a verification; they are covered by our Privacy Policy and the verification notice shown before a check.
• Verification Request and Verification Result — a request you create for one or more checks, and the report, status, score or other information produced in response.

3. The Service

Verifisha lets you request checks (such as KYC, KYB, AML, CRB and references), collect consent, and build reusable trust profiles. Results are drawn from third-party data sources and are provided to help you make decisions — they are not a decision themselves.

4. Eligibility and accounts

You must be at least 18 years old and able to enter a binding contract. You are responsible for the accuracy of your account information and for all activity under your account, and must keep your credentials secure.

5. Consent and lawful use

You may only run a check where you have a lawful basis to do so and, where required, the subject’s informed consent. You are responsible for obtaining that consent and for using results lawfully, fairly and only for the purpose you collected them.

• Do not use the Service to harass, discriminate against, or unlawfully profile any person.
• Do not attempt to re-identify, scrape, resell or misuse data obtained through the Service.
• Do not use the Service to breach the Kenya Data Protection Act, 2019 or any applicable law.

6. Your responsibilities when you verify others

Where you use the Service to request checks on another person (a Verification Subject), you — not Verifisha — decide why the check is run and are responsible for doing so lawfully. In particular, you are responsible for:

• having a lawful purpose and an appropriate lawful basis for each check;
• giving any privacy notices and obtaining any consent required before a check runs;
• ensuring the people who create checks on your behalf are authorised to do so;
• not using checks or results to discriminate unlawfully or to profile people unfairly;
• using results only for the purpose you disclosed, and keeping them only as long as you need them;
• protecting any results you download or export, and responding to individuals about decisions you make.

7. Verification results are decision-support

Verification results are information to support your decisions. They are drawn from identity, business, financial, risk and reference data and from third-party sources, and they do not by themselves guarantee a person’s identity, honesty, future behaviour, creditworthiness, suitability for a job or tenancy, innocence, the legitimacy of a transaction, or the absence of fraud or risk.

You remain responsible for any decision you make using results — for example approving or rejecting a job, tenant, loan, driver, merchant or transaction, or deciding to investigate further. Unless a specific product expressly provides automated decision-making, Verifisha supplies information and does not make your decision for you.

8. Third-party verification providers and data sources

Some parts of the Service rely on third-party verification, identity, data, biometric, fraud-prevention, infrastructure, government or commercial providers and external data sources (for example IPRS, the Business Registration Service, credit reference bureaus and watchlists).

You acknowledge that results may originate from third parties; that provider availability, coverage and response times may vary; that data sources may be temporarily unavailable; and that upstream errors may affect results. We take reasonable care but do not guarantee that third-party data is complete, current or error-free, and we are not liable for the accuracy of source data.

We may choose, add, replace, combine, route between, suspend or discontinue the providers and data sources behind a verification service where reasonably necessary — for example for legal, security, availability, data-quality, coverage, pricing or risk reasons — without changing your integration and without needing your consent, provided the service continues to perform substantially as described.

9. Fees and payment

The Service is usage-based: you pay per successful check or as otherwise agreed. Prices are shown before you run a check. Fees are non-refundable except where required by law or expressly stated.

10. Acceptable use

You agree to use the Service lawfully and not to misuse it. You must not:

• break the law, or use the Service for unlawful surveillance, unlawful profiling or unlawful discrimination;
• impersonate another person, or obtain information about someone without the authority to do so;
• submit fraudulent verification requests, or access another customer’s data;
• interfere with, overload or disrupt the Service, or bypass its security, rate limits or other technical restrictions;
• scrape the Service, or reverse engineer, copy or recreate its proprietary verification technology, or build a competing dataset or service from its results;
• resell, sublicense, white-label or otherwise provide commercial access to the Service to third parties, except under a separate written agreement with us;
• disclose verification results to anyone who is not authorised to receive them.

11. AI and machine-learning restrictions

Unless we expressly agree in writing, you must not use verification results, biometric information, identity documents, images, verification metadata, API responses, fraud indicators or other provider-derived information to train machine-learning or generative-AI models, to build biometric, identity or facial-recognition datasets, to benchmark competing verification products, or to reproduce our verification logic.

This does not stop you from carrying out ordinary analytics on your own business data where you are lawfully permitted to do so.

12. API access and credentials

If you use our API, you must keep your API credentials secure, use supported authentication, respect rate limits and retry guidance, avoid abusive or excessive automated requests, and keep any webhook endpoints secure. Do not embed server credentials in browser or mobile clients.

Your API credentials are associated with your account, and you are responsible for activity carried out through them until you report to us that they have been compromised.

13. Intellectual property

The Service, including its software, design and content, is owned by Verifisha or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service under these Terms. You retain rights to the data you lawfully submit.

14. Disclaimers

The Service is provided “as is” and “as available”. To the extent permitted by law, we disclaim all warranties, including fitness for a particular purpose. Verification supports — but does not replace — your own judgement and legal obligations.

15. Limitation of liability

To the maximum extent permitted by law, Verifisha is not liable for indirect, incidental or consequential losses, and our total liability for any claim is limited to the fees you paid for the Service in the three months before the claim.

16. Indemnity

You agree to indemnify Verifisha against claims, losses and costs arising from your misuse of the Service, your breach of these Terms, your use or disclosure of verification results, or your failure to obtain a lawful basis or any required consent or privacy notice for a check. Where you use the Service on behalf of an organisation, this applies to your organisation and its Authorised Users.

17. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or use the Service unlawfully. Sections that by their nature should survive termination will continue to apply.

18. Changes to these Terms

We may update these Terms from time to time. If we make material changes we will take reasonable steps to notify you. Continued use of the Service after changes take effect means you accept the updated Terms.

19. Governing law

These Terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction over any dispute, without prejudice to any mandatory consumer rights.

20. Electronic consent and signatures

The Service is consent-led and operates electronically. When you accept these Terms, open an account, or approve a request through Verifisha’s consent wizard, you do so by electronic means.

Where a person — whether you, your authorised user, or a data subject you invite — approves a request in the consent wizard by a clear affirmative action (for example, ticking a box, tapping “Approve”, or entering a verification code), that approval constitutes an electronic signature and is intended to have the same legal effect as a handwritten signature. Electronic signatures and records are recognised under Kenyan law, including the Kenya Information and Communications Act. You agree that a consent or approval given in this way is valid, binding and admissible, and you will not dispute it solely on the basis that it was made electronically.

Verifisha records each approval together with a timestamp and related metadata as evidence of consent, and may produce that record to demonstrate that consent was given. You are responsible for ensuring that anyone giving consent through the Service has the authority and capacity to do so.

21. Contact

Questions about these Terms can be sent to our team using the contact details on our contact page.