Effective Date: August 31, 2026 Last Updated: August 31, 2026 Operator: Songhai LLC (d/b/a SonghaiPay)
1. Acceptance of These Terms; Important Notices
1.1 Agreement
These Terms of Service (the "Terms") form a binding legal agreement between you and Songhai LLC, a Georgia limited liability company doing business as SonghaiPay ("SonghaiPay," "we," "us," or "our"), and govern your access to and use of the SonghaiPay website at https://songhaipay.com, the SonghaiPay mobile applications, and all related products, features, and services (collectively, the "Services").
By creating a SonghaiPay account, checking a box indicating your acceptance, clicking "Continue," "Send," "Pay," "Donate," or a similar button, or otherwise accessing or using the Services, you agree to these Terms, to our Privacy Policy, our Refund Policy, and our KYC / AML Policy, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not use the Services.
1.2 Notice of Arbitration and Class-Action Waiver
PLEASE READ SECTION 28 CAREFULLY. IT REQUIRES THAT MOST DISPUTES BETWEEN YOU AND SONGHAIPAY BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION AND YOUR RIGHT TO A JURY TRIAL. You may reject the arbitration agreement by sending us written notice within 30 days of the date you first accept these Terms, as described in Section 28.4. A small-claims carve-out applies. Nothing in Section 28 limits any right you have that cannot be waived under Regulation E, Subpart B (the Remittance Transfer Rule) or under applicable state money transmitter law.
1.3 Notice Regarding Our Role
SonghaiPay is a technology and program-management platform. SonghaiPay is not a bank, is not a credit union, and does not itself hold customer funds. Regulated money transmission, payment processing, and payout services are performed by licensed partners identified in Section 3. SonghaiPay does not represent that it holds money transmitter licenses in its own name.
1.4 Your Consumer Rights
If your transaction is a "remittance transfer" as defined in Regulation E, Subpart B, you have specific federal rights, including a right to cancel for a full refund and a right to report errors. Those rights are summarized in Section 13 and in the Refund Policy. Those rights apply regardless of anything else in these Terms.
2. Definitions
For purposes of these Terms:
| Term | Meaning |
|---|---|
| Account | Your registered SonghaiPay user account. |
| Airtime and Data Top-Up | A prepaid mobile recharge purchased through the Services and delivered to a mobile number on a supported carrier. |
| Corridor | A country pair for which a payout is supported (for example, United States to Nigeria). |
| Customer, Sender, you, your | The natural person who registers for and uses the Services. |
| Donation | A contribution made through the Services to a verified cause listed at https://songhaipay.com/donate. |
| Licensed Partner | A regulated third party that performs money transmission, payment processing, or payout services in connection with the Services, as described in Section 3. |
| Payout Method | The method by which a Recipient receives funds — mobile money wallet, bank deposit, or cash pickup. |
| Recipient | The person you designate to receive a transfer, Donation-funded benefit, top-up, or Shop & Send delivery. |
| Remittance Transfer | An electronic transfer of funds requested by a consumer sender in a US state to a designated recipient in a foreign country, as defined in 12 CFR 1005.30. |
| Services | The products and features described in Section 1.1 and Section 5. |
| Shop & Send | The feature described in Section 5.3 through which you purchase goods for delivery to a Recipient. |
| SonghaiPay, we, us, our | Songhai LLC, a Georgia limited liability company d/b/a SonghaiPay. |
| Transaction | Any money transfer, Donation, Shop & Send order, top-up, wallet load, or wallet withdrawal initiated through the Services. |
| Wallet | The stored-value balance feature described in Section 6. |
Section headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." References to days mean calendar days unless "business days" is stated.
3. Who We Are and the Role of Licensed Partners
3.1 SonghaiPay
SonghaiPay is operated by Songhai LLC, 650 Ponce De Leon Ave Ste. 300 #1380, Atlanta, GA 30308, United States. We build and operate the customer-facing application, quote pricing, perform onboarding and identity-verification workflows, manage compliance programs, coordinate charitable and merchant programs, and provide customer support. We do not hold your money, we do not take deposits, and we are not a bank.
3.2 US Corridor — Stripe
Payment processing for debit card, bank transfer/ACH, and linked-account funding is provided by Stripe, Inc. and its affiliates.
- Stripe Payments Company is licensed for money transmission under NMLS ID #1280479 and is licensed or regulated as a money transmitter by state regulators including the New York State Department of Financial Services and the Georgia Department of Banking and Finance. Licensing disclosures are published at Stripe's licensing page.
- Bridge Building Inc. (a Stripe company), NMLS #2450917, holds money transmitter and virtual-currency licenses in applicable US states and provides money transmission and stablecoin settlement services for SonghaiPay transfers. Licensing disclosures are published in Bridge's US licenses and registrations.
By using the Services you also agree to the applicable Stripe terms, including the Stripe Services Agreement, the Stripe Consumer Terms, and the Stripe Privacy Policy. Where those terms conflict with these Terms in respect of the regulated payment or money transmission service itself, the Stripe terms control as to that service.
3.3 Africa Corridor — Yellow Card
Payouts, local currency settlement, stablecoin on-ramp and off-ramp, and mobile-money and bank disbursement in Africa are provided by Yellow Card Inc. and its regional affiliates, including Yellow Card Financial South Africa. Yellow Card holds operational licenses and regulatory registrations across African markets and maintains jurisdiction-specific privacy policies (European Union, Nigeria, South Africa, United States) and a South Africa customer complaint policy, all published on the Yellow Card legal hub. Additional terms are set out in the Yellow Card Master Service Agreement and the Yellow Card widget terms.
3.4 Effect of Partner Terms
Licensed Partners may independently verify your identity, request additional information or documentation, screen you and your Recipient against sanctions and watch lists, and refuse, delay, limit, suspend, block, or reverse a Transaction where they believe the activity may be unlawful, fraudulent, harmful, or presents an unacceptable level of risk. This mirrors the rights reserved in the Stripe Services Agreement and the Yellow Card Master Service Agreement. We are not able to override a Licensed Partner's regulatory or risk decision.
4. Eligibility
4.1 Requirements
To open an Account and use the Services, you must:
- be at least 18 years of age;
- be a natural person acting on your own behalf, with full legal capacity to enter into a binding contract;
- be a resident of the United States with a valid US residential address and a US taxpayer identification number where required for verification;
- provide and maintain a valid mobile telephone number and email address;
- not be listed on any sanctions list maintained by the US Department of the Treasury's Office of Foreign Assets Control ("OFAC"), including the Specially Designated Nationals and Blocked Persons List or any consolidated non-SDN, sectoral, or comprehensive country program list, and not be a resident, citizen, or national of, or located in, a country or territory subject to comprehensive US, UK, or EU sanctions; and
- not be a person with whom we or a Licensed Partner is otherwise prohibited from dealing under applicable law, export controls, or the Licensed Partners' own policies.
These eligibility requirements mirror those imposed by our Licensed Partners, including the minimum-age, legal-capacity, and sanctions requirements described in the Stripe Consumer Terms and the sanctions and KYC requirements in the Yellow Card Master Service Agreement.
4.2 One Account Per Person
You may hold only one Account. You may not open an Account in another person's name, in a false or fictitious name, using another person's identity documents, or on behalf of an undisclosed principal. You may not permit any other person to access or use your Account, and you may not share your credentials. Duplicate, synthetic, or shared Accounts may be closed and their balances handled as provided in Section 22.
4.3 Business Use
The Services are offered for personal, non-commercial use by consumers. If you wish to use SonghaiPay for business, payroll, vendor payments, or any commercial disbursement, contact compliance@songhaipay.com. Undisclosed commercial use is a breach of these Terms.
4.4 Children
We do not offer the Services to persons under 18 and do not knowingly collect personal information from children under 13. If we learn that an Account belongs to a minor, we will close it and return any remaining balance to the funding source where lawful.
5. The Services
5.1 Money Transfers
We enable you to send money from the United States to Recipients in 12 or more African countries, including Nigeria, Ghana, Kenya, and Senegal, with payout to (a) mobile money wallets, (b) bank accounts, or (c) cash pickup at participating locations. Availability varies by Corridor, Payout Method, currency, and partner. Mobile money payouts typically arrive within minutes; bank deposits and cash pickup typically take from a few hours up to one business day. See Section 11 for the processing-time table.
You are responsible for selecting the correct Corridor, Payout Method, Recipient name, mobile number, and account details. Payout instructions are executed based on the details you submit.
5.2 Donations
You may make Donations to verified causes in categories such as emergency relief, education, healthcare, and community development, either as a standalone Donation or added to a money transfer at checkout. Donations are pooled by cause and distributed by vetted local partner organizations that carry out the funded programs. Campaign updates and impact reporting are published at https://songhaipay.com/donate.
You acknowledge that:
- Donations are made to a cause, not to a named individual, and you do not direct the specific use of pooled funds beyond the cause you select;
- Donations are, once disbursed to a local partner organization, generally non-refundable, subject to your rights under Section 13 and the Refund Policy;
- a reasonable portion of Donations may be applied to program delivery, local partner administration, payment processing, and FX costs, as disclosed at checkout;
- SonghaiPay does not provide tax advice. We do not represent that any Donation is deductible for US federal, state, or local tax purposes. Consult your own tax adviser; and
- we may decline, refund, or redirect a Donation where a campaign is fully funded, cancelled, suspended, or found to present compliance or diversion risk.
5.3 Shop & Send
Shop & Send allows you to purchase goods in the United States, or from participating suppliers, for local delivery to a Recipient in a supported African market.
- Merchant and logistics terms apply. Goods are supplied by third-party merchants and delivered by third-party logistics providers. Your order is subject to those parties' terms, availability, substitution policies, and delivery windows, in addition to these Terms.
- Customs duties, taxes, and import restrictions. Cross-border shipments may be subject to customs inspection, duties, levies, value-added tax, and import restrictions or prohibitions in the destination country. Unless expressly stated as "duties included" at checkout, you or the Recipient are responsible for all duties, taxes, clearance charges, and storage fees. Goods that are restricted, prohibited, or seized by customs or another authority may not be delivered, and we are not liable for that outcome beyond refunding amounts we are able to recover from the merchant or logistics provider.
- Descriptions and images of goods are provided by merchants and may vary from the item delivered in packaging, colour, model year, or brand where substitution is permitted.
- Delivery to the Recipient's address you supply constitutes fulfilment. Risk of loss passes on delivery or on the Recipient's or their agent's acceptance.
- Returns, damage claims, and warranty claims are handled under the applicable merchant policy and the Refund Policy. Some categories, including perishable goods, personal-care items, and made-to-order items, are non-returnable.
5.4 Airtime and Data Top-Ups
You may purchase instant carrier recharge (airtime or mobile data) for any supported African mobile number, funded from your Wallet balance or a linked payment method.
- Top-ups and airtime are generally final and non-reversible. Once a top-up is submitted to and accepted by the mobile carrier, the value is credited to the mobile number you entered and cannot be recalled, cancelled, transferred, or refunded by SonghaiPay.
- You are solely responsible for the mobile number you enter. A top-up sent to a mistyped but valid number will be delivered to the holder of that number and is not recoverable.
- Carriers set bundle definitions, validity periods, fair-use policies, and promotional terms. We do not control and do not warrant carrier network coverage, bundle activation, or the carrier's application of the value.
- Where a carrier rejects or fails to process a top-up and we receive confirmation of non-delivery, we will credit the amount back to your Wallet or original payment method as described in the Refund Policy.
5.5 Changes to the Services
We may add, modify, suspend, or discontinue any Service, Corridor, Payout Method, merchant, carrier, or cause at any time. We will give notice of material changes where reasonably practicable, and we will not use a Service change to defeat rights you have already accrued in a completed or pending Transaction.
6. Account Registration and Identity Verification
6.1 Registration
To use the Services you must register an Account and provide accurate, current, and complete information, which will typically include your legal name, date of birth, residential address, email address, mobile number, and a government-issued identification number.
6.2 Customer Identification and Verification
As a condition of onboarding and on an ongoing basis, we and our Licensed Partners operate a customer identification program under the Bank Secrecy Act, the USA PATRIOT Act, and 31 CFR Chapter X. We and our Licensed Partners may:
- verify your identity against government, credit-bureau, and third-party data sources;
- require you to submit a government-issued photo identification document, a selfie photograph, proof of address, proof of source of funds, or an explanation of the purpose of a Transaction;
- collect and process identity documents and biometric identifiers derived from an identification document and selfie for the purpose of identity verification and fraud prevention, as described in the Stripe Privacy Policy and our Privacy Policy;
- screen you, your Recipient, and your counterparties against OFAC and other sanctions lists, politically exposed person ("PEP") lists, adverse media, and internal risk lists;
- apply enhanced due diligence to higher-risk customers, Corridors, and jurisdictions, including export-control and high-risk-jurisdiction restrictions; and
- decline, limit, suspend, or close an Account where verification cannot be completed to our or a Licensed Partner's satisfaction.
Full detail is set out in the KYC / AML Policy.
6.3 Your Ongoing Obligation to Keep Information Current
You must keep your Account information accurate and current at all times. You agree to update your name, address, email address, mobile number, payment instruments, and identification documents promptly — and in any event within 30 days — after any change. Failure to do so may cause failed Transactions, misdirected notices, holds, or Account closure, and you are responsible for losses arising from stale information.
6.4 Credentials and Account Security
You are responsible for safeguarding your credentials, device, biometric unlock, and one-time passcodes. Notify us immediately at security@songhaipay.com if you suspect unauthorized access. Subject to your rights under Regulation E where applicable, you are responsible for Transactions initiated using your credentials.
7. The SonghaiPay Wallet
7.1 Nature of the Wallet
The Wallet is a stored-value balance used to fund top-ups, transfers, Donations, and Shop & Send orders.
- The Wallet is not a deposit account and is not a bank account.
- Wallet balances are not insured by the Federal Deposit Insurance Corporation ("FDIC") or by the National Credit Union Share Insurance Fund, and pass-through insurance should not be assumed.
- Wallet balances earn no interest and confer no ownership, investment, or security interest.
- Funds are held with or through Licensed Partners, not by Songhai LLC, in accounts maintained for the benefit of customers in accordance with the Licensed Partners' regulatory obligations. Songhai LLC does not commingle, lend, or invest your funds.
7.2 Loading and Withdrawing
You may load the Wallet from a permitted payment method under Section 8. Loads may be subject to verification, limits, and hold periods. You may request a withdrawal of an available Wallet balance to an eligible bank account or debit card in your own name; withdrawals are subject to verification, limits, and applicable partner processing times, and may be delayed or refused where required by law or for risk reasons.
7.3 Statements and Balance Records
Transaction history and balance information are available in the app. You should review your history promptly and report discrepancies as set out in Section 13 and Section 27.
7.4 Inactivity, Dormancy, and Escheatment
If your Account has no customer-initiated activity for the period specified by applicable state unclaimed-property law, the balance may be treated as dormant. We will attempt to contact you using your Account contact details. Where required by law, unclaimed balances will be escheated (reported and remitted) to the appropriate state authority, after which you must claim the funds from that authority. Where permitted by law, a reasonable dormancy or account-maintenance fee may be applied and will be disclosed in advance. Maintaining current contact details under Section 6.3 is the best way to avoid escheatment.
8. Payment Methods and Authorization
8.1 Permitted Payment Methods
You may fund Transactions using: (a) a debit card issued in your own name; (b) an ACH debit / bank transfer from a bank account in your own name; (c) a linked account authenticated through a permitted account-linking provider; or (d) your Wallet balance. Credit cards, prepaid cards, and third-party payment instruments may be restricted or unavailable.
8.2 Payment Instruments Must Be Yours
Every payment instrument you use must be held in your own name and under your sole control. You may not fund a Transaction using another person's card, account, or credentials, whether or not you have their permission. This mirrors the requirement in the Yellow Card Master Service Agreement that accounts used in connection with the service be in the customer's own name and under their sole control.
8.3 Authorization
By submitting a Transaction, you authorize SonghaiPay and its Licensed Partners to debit the selected payment method for the total amount shown at checkout, including the principal, fees, and any applicable taxes, and to initiate corrections where the amount debited is incorrect.
8.4 ACH Authorization
By selecting ACH or bank transfer funding, you authorize SonghaiPay and its payment processor to initiate one or more electronic debit entries (and, where necessary, credit entries or adjusting entries) to the bank account you designate, in accordance with the Nacha Operating Rules and applicable law. You represent that you are the owner or an authorized signer on that account and that the account is held at a US financial institution. Where you set up a recurring or scheduled Transaction, this authorization is a recurring authorization for the amounts and on the schedule you select. This authorization remains in effect until you revoke it by removing the payment method in the app or by emailing support@songhaipay.com with sufficient time (at least three business days before a scheduled debit) for us to act on it. Revocation does not affect debits already initiated, nor your obligation to pay amounts owed. If a debit is returned for insufficient funds, invalid account details, or a stop payment, we may re-present it as permitted by the Nacha rules and may charge a returned-item fee disclosed in our fee schedule, and your bank may charge its own fees.
8.5 Card Network Rules
Card funding is processed subject to the operating rules of the applicable card networks (including Visa and Mastercard) and the terms of your card issuer. Your issuer may treat a funding transaction as a cash-equivalent or quasi-cash transaction and may apply its own fees; those fees are outside our control. Chargebacks are not a substitute for the error-resolution process in Section 13. If you initiate a chargeback for a Transaction that we have already refunded or that was correctly executed, we may debit your Wallet or bill you for the resulting amount and network fees, and we may suspend your Account pending resolution.
8.6 Insufficient Funds and Set-Off
If a payment fails, is reversed, or is disputed after a payout has been made, you remain liable for the amount plus reasonable costs. We may set off amounts you owe us against your Wallet balance and against amounts otherwise payable to you, and we may suspend outbound Transactions until the balance is cleared.
9. Fees, Exchange Rates, and How SonghaiPay Makes Money
9.1 Disclosure Before You Pay
Before you authorize a Transaction, we display: the amount you send, the transfer fee, any taxes we collect, the exchange rate applied, the total you will pay, the amount the Recipient will receive in the destination currency, and the expected date of availability. For Remittance Transfers, these disclosures are provided as prepayment disclosures and on a receipt, in the form required by Regulation E, Subpart B.
9.2 How We Make Money — Plain Disclosure
SonghaiPay earns revenue in two ways: (a) a transfer or service fee, which is itemized at checkout, and (b) a foreign-exchange margin built into the exchange rate we quote you. The rate we quote you is therefore not a mid-market or interbank rate; it includes our margin and our partners' costs. We disclose this openly so you can compare our total cost against other providers. The correct way to compare providers is to compare the amount your Recipient receives for the total amount you pay.
9.3 Rate Setting and Rate Lock
Exchange rates are derived from multiple market and partner sources and are set by us and our Licensed Partners. This mirrors the pricing approach described in the Yellow Card Master Service Agreement, under which the rate disclosed before the customer confirms is the operative pricing metric.
The exchange rate and fee shown at checkout are locked at the moment you authorize the Transaction, and the rate shown is the rate applied to the recipient amount. If the Transaction is cancelled, returned, or refunded, refunds are handled as described in the Refund Policy; where a refund is issued in US dollars after a currency conversion has occurred, the amount returned may differ from the amount originally paid because of rate movement, except where Regulation E requires a full refund of the amount paid.
9.4 Third-Party Charges
Your bank, card issuer, mobile carrier, the Recipient's bank or mobile money operator, or a cash-pickup agent may impose its own fees, lifting charges, or account limits, and a destination-country tax or levy may apply. Where we know of such an amount at checkout we will disclose it; where we do not, it may reduce the amount ultimately available to the Recipient.
9.5 Fee Schedule Changes
Current fees are shown in the app and at checkout at the time of each Transaction. We may change fees prospectively; a change never applies retroactively to a Transaction already authorized.
10. Transaction Limits and Holds
10.1 Limits
We and our Licensed Partners apply per-Transaction, daily, weekly, monthly, and rolling limits. Limits vary by verification level, payment method, Corridor, destination Payout Method, account history, and risk assessment, and may be changed at any time without prior notice where required for legal or risk reasons. The table below is illustrative only and does not create an entitlement to any limit.
| Verification tier | Requirements | Per transaction | Per 24 hours | Per 30 days |
|---|---|---|---|---|
| Tier 0 — Registered | Email and mobile verified | Wallet load only, US$100 | US$100 | US$250 |
| Tier 1 — Basic verified | Name, DOB, address, government ID number verified | US$999 | US$1,500 | US$3,000 |
| Tier 2 — Document verified | Tier 1 plus photo ID and selfie match | US$2,999 | US$5,000 | US$15,000 |
| Tier 3 — Enhanced | Tier 2 plus proof of address, source of funds, purpose of transfer | US$9,999 | US$15,000 | US$50,000 |
| Tier 4 — Reviewed | Tier 3 plus manual compliance review and ongoing monitoring | By arrangement | By arrangement | By arrangement |
Your actual limits are displayed in the app. Lower limits may apply to newly added payment methods, new Recipients, cash-pickup payouts, and certain Corridors.
10.2 Holds and Reviews
We or a Licensed Partner may place a hold on a Transaction, a Wallet balance, or an Account, or delay a payout, in order to: complete identity verification; complete sanctions or fraud screening; investigate suspected fraud, unauthorized use, money laundering, terrorist financing, or breach of these Terms; comply with a legal, regulatory, court, or law-enforcement requirement; or manage settlement or funding risk. Holds are applied for no longer than reasonably necessary. Where lawful and appropriate, we will tell you that a hold exists and what we need from you.
10.3 Structuring
You must not break a Transaction into smaller Transactions, use multiple Accounts or payment methods, or otherwise arrange your activity to evade limits, verification thresholds, reporting obligations, or the funds-transfer recordkeeping and Travel Rule threshold of US$3,000. Doing so is a federal offence and grounds for immediate Account closure and reporting.
11. Processing Times
The following are typical times measured from the point at which funding clears and compliance screening completes. They are estimates, not guarantees.
| Payout method / product | Typical availability | Notes |
|---|---|---|
| Mobile money wallet | Minutes (usually under 15) | Subject to carrier and wallet operator uptime and wallet balance caps |
| Bank deposit | A few hours to 1 business day | Subject to destination bank cut-offs, weekends, and local holidays |
| Cash pickup | A few hours to 1 business day | Recipient must present valid ID and reference; agent hours apply |
| Airtime / data top-up | Near-instant | Final and non-reversible once accepted by the carrier |
| Wallet load — debit card | Minutes | May be held for first-time use or risk review |
| Wallet load — ACH / bank transfer | 1–4 business days | Funds may be unavailable until the debit settles |
| Wallet withdrawal to bank | 1–3 business days | Subject to verification |
| Donation disbursement to local partner | Per campaign schedule | Reported at songhaipay.com/donate |
| Shop & Send delivery | Per merchant and logistics quote at checkout | Customs clearance may extend delivery materially |
Delays may arise from funding delays, incomplete or incorrect Recipient details, compliance review, sanctions screening, partner or carrier outages, destination-country banking restrictions, currency-liquidity constraints, public holidays, or force majeure.
12. Your Representations About the Recipient and Payout Details
You represent, warrant, and agree that:
- the Recipient details you enter — legal name, mobile number, bank name, account number, wallet identifier, address, and Corridor — are complete, accurate, and correct;
- the Recipient is a real person (or, for Donations, a verified cause) known to you, is not a sanctioned person, and is not acting for a sanctioned person;
- you are sending your own funds for a lawful purpose and are not sending on behalf of, or at the instruction of, an undisclosed third party;
- you are not sending money in response to a solicitation, romance approach, lottery or prize notice, investment offer, cryptocurrency "recovery" scheme, job offer requiring payment, or any request from a person you have not met in person;
- the receiving mobile money, bank, or wallet account is, where required by the destination market or by our Licensed Partners, in the Recipient's own name and under the Recipient's sole control; and
- you have all consents needed to give us the Recipient's personal information for the purpose of executing the Transaction.
Neither SonghaiPay nor its Licensed Partners is liable for a payout made in accordance with incorrect details you supplied. This mirrors the allocation of responsibility in the Yellow Card Master Service Agreement. Once funds are credited to the nominated mobile money or bank account, the payout cannot be refunded. We will nonetheless use reasonable efforts to assist a recall request, without any guarantee of recovery, and a recall fee may apply.
13. Your Consumer Rights Under the Remittance Transfer Rule
This Section applies where your Transaction is a Remittance Transfer under Regulation E, Subpart B, 12 CFR 1005.30–1005.36 (CFPB rule text). These rights cannot be waived and prevail over any inconsistent provision in these Terms. Corresponding operational detail is in the Refund Policy.
13.1 Disclosures and Receipt
Before you pay, you receive a prepayment disclosure stating the transfer amount, the fees and taxes we impose, the exchange rate, the total amount you will pay, the amount that will be received by the Recipient in the destination currency, and the date the funds will be available. After you pay, you receive a receipt containing that information together with the Recipient's identifying information, our contact details, error-resolution and cancellation rights, and the CFPB contact information. Disclosures are provided in English and, where required, in the language principally used to advertise the Service to you.
13.2 Right to Cancel for a Full Refund
You have the right to cancel a Remittance Transfer and receive a full refund of all funds you paid — including fees and, where applicable, taxes — if you request cancellation within 30 minutes of authorizing payment, provided the funds have not already been picked up by or deposited into the account of the Recipient. Where you schedule a transfer for a future date, the cancellation window extends until three business days before the scheduled date. To cancel, use the "Cancel transfer" option in the app or contact support@songhaipay.com or refunds@songhaipay.com with your name, the transfer reference, the Recipient, and the amount. We will refund the full amount to your original payment method, without deduction, normally within three business days of the cancellation request.
13.3 Right to Report an Error
You have the right to notify us of an error within 180 days of the promised date of availability of the funds. Errors include: an incorrect amount paid by you; a computational or bookkeeping error; the Recipient receiving less than the disclosed amount (other than because of a permitted variance); failure to make funds available by the disclosed date; and our failure to provide a required disclosure. Your notice should include your name and contact details, the reason you believe an error occurred, the transfer reference, and the amount. Send it to refunds@songhaipay.com or through in-app support.
We will investigate promptly, determine whether an error occurred, and report the results to you within 90 days of receiving your notice. If we find that an error occurred, we will correct it within one business day of, or as soon as reasonably practicable after, receiving your instruction, and you may elect either (a) a refund of the amount involved, or (b) that we resend the transfer at no additional cost to you so the Recipient receives the correct amount. If we find no error occurred, we will explain our findings in writing and tell you that you may request the documents we relied on.
13.4 Questions and Complaints
For questions or complaints about a Remittance Transfer, contact us first at support@songhaipay.com or refunds@songhaipay.com, or write to Songhai LLC, 650 Ponce De Leon Ave Ste. 300 #1380, Atlanta, GA 30308.
You may also contact the Consumer Financial Protection Bureau at consumerfinance.gov/complaint or by telephone at (855) 411-2372. You may also contact the state regulator that licenses the money transmitter handling your funds; licensing and regulator contact information for our US Licensed Partner is published at Stripe's licensing disclosures.
13.5 Right to a Refund If Funds Are Not Forwarded
Mirroring the consumer disclosure made by the licensed money transmitter handling your funds (see Stripe's licensing disclosures), you are entitled to a refund of all money to be transmitted if the funds are not forwarded to the designated Recipient, or if instructions committing an equivalent amount to the designated Recipient are not given, within 10 days of the date the funds were received — unless you instructed otherwise. If your instructions specify when the funds are to be forwarded or transmitted and those instructions have not been carried out, you are entitled to a refund. Refund requests should be made in writing to refunds@songhaipay.com.
14. Prohibited Uses and Restricted Activities
14.1 General Prohibition
You must not use the Services for any purpose that is unlawful, fraudulent, deceptive, abusive, or that exposes SonghaiPay, its Licensed Partners, or other customers to legal, financial, reputational, or security risk. The list below draws on the prohibited and restricted business framework in the Stripe Services Agreement and the prohibited-use provisions of the Yellow Card Master Service Agreement.
14.2 Prohibited Transactions and Purposes
You must not use the Services in connection with:
- money laundering, terrorist financing, proliferation financing, sanctions evasion, bribery, corruption, or tax evasion;
- transactions involving any person, entity, vessel, aircraft, government, or territory that is sanctioned by, or located in a jurisdiction comprehensively sanctioned by, the United States, United Kingdom, or European Union, or any transaction that would cause us or a Licensed Partner to violate OFAC, export-control, or anti-boycott laws;
- fraud of any kind, including romance fraud, business-email compromise, invoice fraud, advance-fee fraud, impersonation, phishing, account-takeover, identity theft, synthetic identities, and card testing;
- structuring — dividing, sequencing, or routing activity to evade limits, verification, recordkeeping, or reporting thresholds (see Section 10.3);
- third-party transfers — sending or receiving funds for, on behalf of, or at the direction of another person without our written approval, acting as an unlicensed money transmitter, payment aggregator, informal value transfer system, hawala operator, cash-for-crypto broker, or nested payment processor;
- narcotics, controlled substances, unlicensed pharmaceuticals, precursor chemicals, drug paraphernalia, or any unlawful goods or services;
- weapons, ammunition, explosives, military or dual-use goods, or components subject to export control;
- human trafficking, forced labour, exploitation, prostitution, child sexual abuse material, or any sexual content involving minors or non-consenting persons;
- wildlife trafficking, protected species, ivory, endangered plants or animals, or products made from them;
- counterfeit, pirated, stolen, smuggled, or misbranded goods, or goods or content that infringe another person's intellectual property, publicity, or privacy rights;
- unlawful gambling, betting, lotteries, sweepstakes, raffles, or games of chance, and gambling in jurisdictions where it is not licensed;
- pyramid, Ponzi, chain-letter, matrix, multi-level marketing recruitment fees, "money-flipping," gifting circles, or any scheme dependent on the recruitment of others;
- unregistered securities offerings, unlicensed investment or lending activity, binary options, contracts for difference, high-yield investment programmes, or unlicensed virtual-currency exchange or mixing services;
- ransomware, extortion, blackmail, threats, or payments to obtain the release of data or systems;
- malware, spyware, credential harvesting, botnets, denial-of-service tooling, or the sale or distribution of hacking tools or stolen data;
- debt collection, debt settlement, credit repair, bail bonds, and other activities restricted by our Licensed Partners without prior written approval;
- adult content and services, tobacco, vaping products, cannabis and CBD, telemarketing, timeshares, essay mills, unsolicited marketing, and other restricted categories that require prior written approval and may be refused; and
- any activity prohibited by the destination country's laws, central bank rules, or exchange-control regime.
14.3 Prohibited Conduct on the Platform
You must not:
- access the Services other than through the interfaces we provide, or use any robot, spider, scraper, or automated means to access, extract, or interact with the Services;
- reverse engineer, decompile, disassemble, or attempt to derive the source code of, or create derivative works from, any part of the Services, except to the extent that restriction is prohibited by law;
- probe, scan, penetration-test, overload, or interfere with the Services, circumvent authentication or rate limits, or introduce malicious code;
- share, sell, rent, or transfer your Account or credentials, or use another person's Account;
- provide false, misleading, incomplete, forged, or altered information, documents, or images at any time;
- use the Services to harass, threaten, defame, or infringe the rights of any person; or
- misuse or misrepresent the SonghaiPay name, marks, or affiliation.
14.4 Consequences
Breach of this Section may result in immediate suspension or termination of your Account, reversal or blocking of Transactions, forfeiture of promotional benefits, retention of funds where required by law, referral to law enforcement or regulators, and liability for resulting losses.
15. Compliance, Monitoring, Suspension, Blocking, and Reporting
15.1 Program
We maintain a risk-based anti-money-laundering and sanctions compliance program consistent with the Bank Secrecy Act, the USA PATRIOT Act, 31 CFR Chapter X and FinCEN rules applicable to money services businesses, including customer identification, transaction monitoring, currency transaction reporting, suspicious activity reporting, funds-transfer recordkeeping and the Travel Rule at the US$3,000 threshold, OFAC sanctions screening, and five-year records retention. See the KYC / AML Policy.
15.2 Monitoring
We and our Licensed Partners monitor Accounts, devices, and Transactions on an automated and manual basis for indicators of fraud, sanctions exposure, structuring, and other financial crime, and may request information about the source of your funds, the purpose of a Transaction, or your relationship to a Recipient. You agree to respond to such requests promptly and truthfully.
15.3 Suspension, Blocking, and Rejection
We and our Licensed Partners may, at any time and without prior notice where notice is not permitted or would be imprudent: refuse or cancel a Transaction; freeze, hold, or block funds; suspend or restrict your Account; require re-verification; or close your Account. Where OFAC or another authority requires it, funds will be blocked and reported to the relevant authority and will not be returned to you unless and until we are licensed or authorized to release them.
15.4 No Tip-Off
Where we file a suspicious activity report or take related action, US law prohibits us from notifying you or any other person that a report has been filed or from disclosing its contents. If we decline to explain a decision, restriction, hold, or closure, you agree that this may be because of that legal prohibition and not evidence of bad faith. Similarly, you may not close your Account or withdraw funds in order to avoid or frustrate an investigation, a position also reflected in the Yellow Card Master Service Agreement.
15.5 Cooperation and Legal Process
We will comply with valid subpoenas, court orders, garnishments, levies, regulator directions, and law-enforcement requests, and may hold or release funds accordingly. We may charge reasonable costs of compliance with legal process relating to your Account where permitted by law.
16. Taxes
You are solely responsible for determining, reporting, and paying any taxes, duties, levies, or reporting obligations arising from your use of the Services, including gift, income, customs, import, and destination-country transaction taxes and any obligation to report foreign financial accounts or transfers. This allocation is consistent with the tax provisions of the Yellow Card Master Service Agreement. We may withhold or collect taxes where required by law and may report Transactions to tax authorities where required. SonghaiPay does not provide tax or legal advice. Consult a qualified professional.
17. Intellectual Property and Limited Licence
17.1 Our Rights
The Services, including all software, source code, designs, user interfaces, text, graphics, logos, trade marks, service marks, trade dress, databases, and content (other than user content and third-party content), are owned by Songhai LLC or its licensors and are protected by copyright, trade mark, trade secret, and other laws. "SonghaiPay," the SonghaiPay logo, and related marks are our marks. No rights are granted except as expressly stated.
17.2 Licence to You
We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the SonghaiPay application on a device you own or control, and to access the Services, solely for your personal, lawful use of the Services in accordance with these Terms. You must not copy, modify, distribute, sell, lease, sublicense, publicly display, frame, mirror, or create derivative works of the Services, and must not remove or obscure proprietary notices.
17.3 Suggestions and Feedback
See Section 19.2.
18. App Store Terms and Mobile Network Charges
18.1 App Store Terms
If you download the SonghaiPay application from the Apple App Store or Google Play, you acknowledge that these Terms are between you and SonghaiPay only, and not with Apple Inc. or Google LLC. Your use of the application must comply with the applicable app store's usage rules. Apple and Google have no obligation to provide maintenance or support for the application and are not responsible for any product warranties, product-liability claims, third-party intellectual-property claims, or consumer-protection claims relating to the application. Apple and Google are third-party beneficiaries of this Section and may enforce it. You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country and are not on any US Government restricted-parties list.
18.2 Mobile Network Charges and Device Requirements
Access to the Services requires a compatible device, an operating system version we support, and internet access. Your mobile carrier's data, messaging, roaming, and voice charges apply and are your responsibility. We are not responsible for carrier coverage, message delivery, or device compatibility, and we may cease supporting older operating system versions.
19. User Content and Feedback
19.1 Your Content
You may submit content such as a profile photo, Recipient nicknames, transfer notes, campaign comments, reviews, and support messages ("User Content"). You retain ownership of your User Content and grant SonghaiPay a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, translate, and display it for the purpose of operating, supporting, securing, and improving the Services and complying with law. You represent that you have the rights necessary to grant that licence and that your User Content is lawful and not infringing, defamatory, or obscene. We may remove or refuse User Content at our discretion.
19.2 Feedback
If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable licence to use it for any purpose without obligation, attribution, or compensation. Do not send us information you consider confidential.
20. Third-Party Services and Partner Terms
The Services depend on third parties, including Stripe, Bridge, Yellow Card, banks, mobile money operators, mobile carriers, cash-pickup agents, merchants, logistics providers, identity-verification vendors, and local charitable partners. Their services are governed by their own terms and privacy policies, and we do not control and are not responsible for their acts, omissions, outages, pricing, or policies, except as expressly stated in these Terms or required by law. Key partner terms include:
- Stripe Services Agreement
- Stripe Consumer Terms
- Stripe Privacy Policy
- Stripe Payments Company licensing disclosures (NMLS #1280479)
- Bridge Building Inc. US licenses and registrations (NMLS #2450917)
- Yellow Card legal hub, including jurisdiction-specific privacy policies and the South Africa complaint policy
- Yellow Card Master Service Agreement
- Yellow Card widget terms
Links to third-party sites are provided for convenience and are not endorsements.
21. Communications, Electronic Records, and Consent
21.1 E-SIGN Consent to Electronic Records and Signatures
By using the Services, you consent under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) to receive all agreements, disclosures, prepayment disclosures, receipts, notices, error-resolution responses, statements, tax forms where permitted, and other communications ("Communications") electronically, by display in the app, by email to your registered address, or by posting to https://songhaipay.com. You also consent to the use of electronic signatures and to be bound by records you authorize electronically.
- Hardware and software you need: a device with internet access, a current browser or supported app version, a valid email account, and the ability to view and retain PDF and HTML documents.
- Keeping copies: you may download, print, or save Communications; we will also retain records as required by law.
- Updating your contact details: you must keep your email address and mobile number current under Section 6.3.
- Withdrawing consent: you may withdraw consent to electronic Communications by emailing support@songhaipay.com. Because the Services are delivered electronically, withdrawing consent means we can no longer provide the Services, and we will close your Account and return any available balance to you where lawful. Withdrawal takes effect only after we have had a reasonable opportunity to act on it.
- Paper copies: you may request a paper copy of a Communication by writing to the address in Section 31; a reasonable fee may apply where permitted.
21.2 SMS, WhatsApp, and Voice Consent
By providing your mobile number, you agree that SonghaiPay and its service providers may contact you at that number by SMS, WhatsApp, RCS, automated or prerecorded voice, and autodialler for: one-time passcodes and security alerts; Transaction status and receipts; fraud and compliance verification; servicing and support; and, where you have separately opted in, marketing and promotions. Consent to marketing messages is not a condition of using the Services. Message and data rates may apply; message frequency varies. Reply STOP to opt out of a message programme and HELP for help, or email support@songhaipay.com. You may not opt out of essential security, Transaction, legal, and compliance Communications while your Account is open. You confirm you are the subscriber or customary user of the number you provide and agree to tell us promptly if it changes.
21.3 Push Notifications and Email
You may enable or disable push notifications in your device settings. Marketing emails include an unsubscribe link; transactional and legal emails will continue.
21.4 Call Recording and Monitoring
We may monitor or record calls and chats with support for quality, training, security, and compliance purposes, with notice where required by law.
22. Unclaimed and Returned Funds
- Returned transfers. If a payout cannot be completed — for example because Recipient details are invalid, a wallet is inactive or capped, a bank rejects the credit, cash is not collected within the agent's holding period, or a compliance check fails — the funds will, where the law permits, be refunded to the originating payment account, consistent with the approach in the Yellow Card Master Service Agreement, or credited to your Wallet where refund to the original method is not possible.
- Costs of return. Where a Transaction is cancelled or reversed because the correct amount was not received from you, or because of details you supplied, you bear the reasonable refund, return, and FX costs, which may be deducted from the amount returned, except where Regulation E requires a full refund.
- Unclaimed balances. Balances that remain unclaimed after Account closure, and dormant Wallet balances, are handled under Section 7.4, including escheatment to the appropriate state authority where required.
- Rate movement. Amounts returned after a conversion may differ from the amount originally sent because of exchange-rate movement, except where a full refund is required by Section 13.
23. Disclaimers and Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, SonghaiPay and its affiliates, officers, employees, agents, suppliers, and Licensed Partners disclaim all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising from course of dealing or usage of trade. This disclaimer mirrors the "as is / as available" position taken in the Yellow Card Master Service Agreement.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that any Transaction will be completed within an estimated time; that exchange rates are the best available; that a merchant's goods will be fit for purpose; that a mobile carrier will apply a top-up correctly; or that a destination bank, wallet operator, or customs authority will act promptly. Estimates of delivery and availability are not guarantees. Nothing in this Section limits your rights under Section 13 or any warranty that cannot be excluded under applicable law; some jurisdictions do not allow certain exclusions, in which case the exclusions apply to the fullest extent permitted.
24. Limitation of Liability
- Exclusion of indirect damages. To the maximum extent permitted by law, SonghaiPay and its affiliates and Licensed Partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, lost data, loss of exchange-rate opportunity, or the cost of substitute services, arising out of or relating to the Services or these Terms, whether based in contract, tort, negligence, strict liability, statute, or otherwise, and whether or not we were advised of the possibility of such damages.
- Cap. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the total fees you paid to SonghaiPay in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) US$100.
- Carve-outs. The exclusions and cap in this Section do not apply to: (i) your rights under Regulation E, Subpart B, including the cancellation and error-resolution remedies in Section 13; (ii) rights under applicable state money transmitter law that cannot be waived; (iii) liability for our own fraud, fraudulent misrepresentation, or wilful misconduct; or (iv) any other liability that cannot be limited or excluded under applicable law.
- Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disaster, epidemic or pandemic, war, armed conflict, terrorism, civil unrest, strike, government or regulatory action, sanctions, currency controls or currency shortage, bank or central-bank closure, mobile network or mobile money operator failure, blockchain network congestion or failure, power or internet outage, cyber-attack, or third-party or Licensed Partner failure. Force-majeure carve-outs of this kind are also reflected in the Yellow Card Master Service Agreement. Where performance is delayed by force majeure, we will resume as soon as reasonably practicable and, where a Transaction cannot be completed, will return funds under Section 22.
- Basis of the bargain. You acknowledge that the fees charged reflect this allocation of risk and that these limitations are an essential basis of the agreement between us.
25. Indemnification
You agree to defend, indemnify, and hold harmless Songhai LLC and its affiliates, members, officers, directors, employees, agents, and Licensed Partners from and against any claims, demands, actions, investigations, losses, liabilities, damages, fines, penalties, and reasonable costs and legal fees arising out of or relating to: (a) your breach of these Terms or any incorporated policy; (b) your violation of law or of a third party's rights; (c) inaccurate Recipient or payout details you provided; (d) your User Content; (e) a chargeback, reversal, or returned payment on a payment method you used; (f) your use of the Services for a prohibited purpose under Section 14; or (g) any dispute between you and a Recipient, merchant, carrier, charity, or other third party. We may assume the exclusive defence and control of any matter subject to indemnification, at your expense, and you agree to cooperate.
26. Suspension, Termination, and Account Closure
26.1 By You
You may close your Account at any time by using the in-app option or emailing support@songhaipay.com, provided that you have no pending Transactions and no amounts owing. We will return any available balance to a verified payment instrument or bank account in your name, subject to verification, applicable limits, and law.
26.2 By Us
We may suspend, restrict, or terminate your Account and access to the Services, in whole or in part, with or without notice, if: you breach these Terms or an incorporated policy; we cannot verify your identity or you fail to provide requested information; we suspect fraud, money laundering, terrorist financing, sanctions exposure, structuring, or other unlawful activity; a Licensed Partner requires it or declines to continue serving you; a regulator, court, or law-enforcement authority directs it; your Account presents unacceptable credit, fraud, or reputational risk; your Account is inactive for an extended period; or we cease offering the Services in your state or a Corridor. Closure without notice for suspected fraud, money laundering, terrorism financing, or on the direction of a regulator or court is expressly reserved, consistent with the termination rights in the Yellow Card Master Service Agreement.
26.3 No Closure to Avoid Investigation
You may not close your Account, change your details, or move funds in order to avoid, delay, or frustrate an investigation. We may retain funds and continue an investigation after closure and may report it as required by law.
26.4 Effect of Termination
On termination: your licence under Section 17.2 ends; pending Transactions may be cancelled, completed, or held at our discretion and as law permits; you remain liable for amounts owed; and we will retain records for the periods required by law, including the five-year BSA retention period. Sections that by their nature should survive — including Sections 2, 9, 12, 13, 16, 17, 19, 20, 22, 23, 24, 25, 26.3, 26.4, 27, 28, 29, 30, 31, and 33 — survive termination.
27. Complaints and Dispute Escalation
Before commencing arbitration, please use this process; it resolves most matters quickly.
| Step | What to do | Our response |
|---|---|---|
| 1. Support | Contact in-app support or support@songhaipay.com with your Account email, the Transaction reference, and what you want resolved | Acknowledgement within 1 business day; substantive response normally within 5 business days |
| 2. Formal complaint | Email refunds@songhaipay.com (payments and refunds) or compliance@songhaipay.com (compliance decisions) marked "Formal Complaint" | Written outcome normally within 15 business days, and in any event within 30 calendar days |
| 3. Regulation E error notice | If your matter is a Remittance Transfer error, file a notice under Section 13.3 within 180 days | Investigation and written report within 90 days |
| 4. External escalation | Contact the CFPB at consumerfinance.gov/complaint or (855) 411-2372, or your state money transmitter regulator (see Stripe's licensing disclosures); for South Africa payout matters, Yellow Card's complaint policy is available at the Yellow Card legal hub | As determined by the authority |
| 5. Pre-arbitration notice | Send an individual written notice of dispute under Section 28.2 | 60-day informal resolution period |
28. Governing Law and Dispute Resolution
28.1 Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules, and by applicable US federal law, including the Federal Arbitration Act. Subject to the arbitration agreement below, you and SonghaiPay consent to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia, for any matter not subject to arbitration.
28.2 Informal Resolution First
Before filing arbitration or a court action, the initiating party must send an individual written Notice of Dispute describing the claim and the relief sought — to Songhai LLC, 650 Ponce De Leon Ave Ste. 300 #1380, Atlanta, GA 30308, Attn: Legal, with a copy to support@songhaipay.com, or to your registered email address if sent by us. The parties will attempt in good faith to resolve the dispute for 60 days. This requirement does not apply to a request for emergency injunctive relief.
28.3 Binding Individual Arbitration
If the dispute is not resolved, you and SonghaiPay agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or our relationship will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The AAA rules and forms are available at adr.org. The arbitrator has exclusive authority to decide all issues of arbitrability, liability, and remedy, except as stated in Section 28.6. Arbitration will take place in Fulton County, Georgia, or, at your election, in the federal judicial district where you reside, or by telephone or video, or on documents only where the AAA rules permit. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. We will pay AAA filing, administrative, and arbitrator fees to the extent required by the AAA Consumer Arbitration Rules, and will consider a reasonable request to pay more where necessary for the arbitration to proceed.
28.4 Your 30-Day Right to Opt Out of Arbitration
You may reject this arbitration agreement by sending written notice to Songhai LLC, 650 Ponce De Leon Ave Ste. 300 #1380, Atlanta, GA 30308, Attn: Arbitration Opt-Out, or to support@songhaipay.com with the subject "Arbitration Opt-Out," within 30 days of the date you first accept these Terms. Your notice must include your full name, the email address and mobile number on your Account, and a clear statement that you reject arbitration. A timely opt-out is effective as to all disputes and does not affect any other part of these Terms and will not be held against you. If you do not opt out within 30 days, you are bound by the arbitration agreement.
28.5 Class-Action and Jury-Trial Waivers
You and SonghaiPay each waive the right to a trial by jury and the right to participate in a class action, class arbitration, collective action, consolidated action, or private attorney general action. Claims may be brought only in an individual capacity, and the arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide that party relief. If a court finds the class-action waiver unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court, and the remaining claims must proceed in arbitration.
28.6 Small-Claims and Other Carve-Outs
Either party may bring an individual claim in a small-claims court with jurisdiction, in lieu of arbitration, so long as the matter remains an individual claim in that court. Either party may also seek injunctive or equitable relief in court to protect intellectual property or to stop unauthorized access, and either party may report a matter to a regulator or law-enforcement authority.
28.7 Preserved Statutory Rights
Nothing in this Section limits, waives, or delays any right you have that cannot be waived under Regulation E, Subpart B (including the cancellation and error-resolution rights in Section 13), under applicable state money transmitter law, or under any other law that prohibits its waiver. You retain the right to file a complaint with the CFPB or a state regulator at any time.
28.8 Survival and Severability of This Section
This Section survives termination of these Terms and closure of your Account. If any part of this Section other than the class-action waiver is found unenforceable, that part is severed and the remainder continues to apply.
29. Miscellaneous
29.1 Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force.
29.2 Assignment
You may not assign or transfer these Terms, your Account, or any rights or obligations under them, by operation of law or otherwise, without our prior written consent; any attempted assignment is void. We may assign or transfer these Terms and our rights and obligations, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, financing, or sale of assets. These Terms bind and benefit the parties' permitted successors and assigns.
29.3 Entire Agreement; Order of Precedence
These Terms, together with the Privacy Policy, Refund Policy, KYC / AML Policy, and any Transaction-specific disclosure or receipt, are the entire agreement between you and SonghaiPay regarding the Services and supersede all prior understandings. In the event of conflict: (1) mandatory law, including Regulation E disclosures and receipts, prevails; (2) then the Transaction-specific disclosure or receipt; (3) then these Terms; (4) then the other policies.
29.4 No Waiver; Remedies Cumulative
Our failure or delay in enforcing a provision is not a waiver of it. Our rights and remedies are cumulative.
29.5 No Third-Party Beneficiaries
Except for Licensed Partners as to provisions that protect them, and Apple and Google as stated in Section 18.1, these Terms create no third-party beneficiary rights.
29.6 Relationship of the Parties; No Agency
Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, or agency relationship between you and SonghaiPay. SonghaiPay does not act as your fiduciary or as trustee of your funds.
29.7 Notices
We may give notice by in-app message, email to your registered address, SMS, or posting on our website. You must give notice to the address or email in Section 31. Notices are effective on the day sent electronically or three business days after posting by mail.
29.8 Language and Interpretation
These Terms are drafted in English; a translation is provided for convenience only, and the English version controls except where local law requires otherwise. The Terms are to be interpreted without any presumption against the drafting party.
30. Changes to These Terms
We may amend these Terms from time to time. When we do, we will update the "Last Updated" date at the top and post the revised Terms at https://songhaipay.com/terms. For changes that materially reduce your rights or increase your obligations, we will give you at least 21 days' advance notice by email, in-app notice, or another reasonable method, except where a shorter period is required to comply with law, to address a security or fraud risk, or where a change is required by a Licensed Partner or regulator. Changes to fees or exchange-rate practices apply only to Transactions authorized after the change takes effect.
Your continued use of the Services after the effective date of a change constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services and close your Account under Section 26.1. If a change modifies the arbitration agreement in Section 28, you may reject that modification by written notice within 30 days of the notice of change, in which case the prior version of Section 28 will continue to apply to disputes that accrued before the change.
31. Contact Us
Songhai LLC (d/b/a SonghaiPay) 650 Ponce De Leon Ave Ste. 300 #1380 Atlanta, GA 30308 United States Website: https://songhaipay.com
| Purpose | |
|---|---|
| General and customer support | support@songhaipay.com |
| Privacy and data rights | privacy@songhaipay.com |
| Security and suspected fraud | security@songhaipay.com |
| Compliance and AML enquiries | compliance@songhaipay.com |
| Refunds, cancellations, and disputes | refunds@songhaipay.com |
Related documents: Privacy Policy · Terms of Service · Refund Policy · KYC / AML Policy · Donations
Consumer Financial Protection Bureau: consumerfinance.gov/complaint · (855) 411-2372
This document is provided for informational purposes and should be reviewed by qualified legal counsel licensed in your jurisdiction before publication.