Terms of Service

    Last updated: 13 October 2026

    Welcome to KayyaX. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Modularpath Systems, trading as KayyaX ("KayyaX," "Company," "we," "us," "our"), a company registered under the laws of the Republic of Ghana, governing your access to and use of the KayyaX platform, including our mobile applications, websites, APIs, software, and all related services (collectively, the "Platform" or "Services").

    PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING OR USING THE KAYYAX PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES.

    These Terms include our Privacy Policy, Cookie Policy, and any additional terms, policies, or guidelines incorporated by reference.

    1. Definitions

    For the purposes of this Agreement, the following definitions apply:

    • "Customer" means any user who requests and receives transportation or delivery services through the Platform.
    • "Rider" means an independent contractor who provides transportation and/or delivery services to Customers through the Platform using their own motorcycle.
    • "Vendor" means a business or individual that sells goods through the Platform for delivery to Customers.
    • "Trip" means a transportation service provided by a Rider to a Customer.
    • "Delivery" means the transportation of goods from a Vendor or sender to a Customer or recipient.
    • "Fare" means the fee charged for a Trip or Delivery, as calculated by the Platform.
    • "Pricing Page" means the page at kayyax.com/pricing where KayyaX publishes its current plan prices and charge rates.
    • "Plan" means the Free plan or one of the paid Plans, KayyaX Starter, KayyaX Pro or KayyaX Business, as described in Section 7.
    • "Commission" means the share of the goods on an online order delivered by a KayyaX Rider that KayyaX keeps from the Vendor, as described in Section 8.
    • "Payment Fee" means the share of a payment that KayyaX keeps from the Vendor when KayyaX collected that payment through Paystack, as described in Section 8.
    • "Service Fee" means the fee a Customer pays KayyaX on an online order. It is shown to the Customer at checkout and is never charged to the Vendor.
    • "Delivery Fee" means the fee a Customer pays for an order to be delivered by a Rider.
    • "Rider Commission" means the share of the Fare or Delivery Fee that KayyaX keeps from the Rider.
    • "Content" means text, images, photos, audio, video, location data, ratings, reviews, and all other forms of data or communication.
    • "User Account" means the account created by a User to access the Platform.

    2. Description of Services

    2.1 Platform Overview

    KayyaX operates a technology platform that facilitates:

    • Motorcycle Transportation: Connecting Customers who need rides with independent Riders who provide motorcycle transportation services ("okada")
    • Delivery Services: Enabling Customers to send packages and documents, and receive goods ordered from Vendors
    • Vendor Marketplace: Allowing Vendors to list and sell their products for delivery to Customers
    • Payment Processing: Facilitating cashless transactions between users

    2.2 Nature of Services

    KayyaX is a technology company, not a transportation or logistics company. We provide a platform that enables connections between users. Key clarifications:

    • KayyaX does not provide transportation services directly. Riders are independent contractors, not employees of KayyaX.
    • KayyaX does not own, operate, or maintain any motorcycles used for trips or deliveries.
    • KayyaX does not manufacture, sell, or deliver any goods. Vendors are independent businesses.
    • KayyaX does not guarantee the availability, quality, or safety of services provided by Riders or Vendors.

    2.3 Service Availability

    Our Services are currently available in select locations in Ghana. Service availability may vary by location, time, and demand. We reserve the right to modify, suspend, or discontinue Services in any area at any time.

    3. User Eligibility and Account Registration

    3.1 Eligibility Requirements

    To use KayyaX Services, you must:

    • Be at least 18 years of age (or the legal age of majority in your jurisdiction)
    • Have the legal capacity to enter into binding contracts
    • Not be prohibited from using the Services under applicable law
    • Not have been previously suspended or removed from the Platform
    • Comply with all applicable local, state, national, and international laws and regulations

    3.2 Account Registration

    To access certain features of the Platform, you must create a User Account. When registering, you agree to:

    • Provide accurate, current, and complete information as requested
    • Maintain and promptly update your information to keep it accurate and complete
    • Create only one personal account (multiple accounts are prohibited unless authorized)
    • Not use false identities or impersonate any person or entity
    • Not create accounts on behalf of others without their authorization

    3.3 Account Security

    You are responsible for:

    • Maintaining the confidentiality of your login credentials (password, PIN, OTP)
    • All activities that occur under your account, whether authorized or unauthorized
    • Immediately notifying KayyaX of any unauthorized use or security breach
    • Ensuring your account is not used by any other person

    KayyaX is not liable for any loss or damage arising from unauthorized account access due to your failure to protect your credentials.

    3.4 Additional Requirements for Riders

    To register as a Rider, you must additionally:

    • Be at least 18 years of age
    • Hold a valid Ghanaian driver's license with the appropriate class for motorcycles
    • Own or have legal access to a motorcycle that meets our vehicle requirements
    • Have valid vehicle registration and roadworthiness certificate
    • Maintain adequate insurance coverage as required by law
    • Complete our identity, license, vehicle, and document verification process
    • Complete the required onboarding and training
    • Provide a functioning smartphone capable of running the KayyaX Rider app
    • Maintain membership with the Kayya Riders Association of Ghana (where applicable)

    3.5 Additional Requirements for Vendors

    To register as a Vendor, you must additionally:

    • Operate a legitimate business with all required licenses and permits
    • Have a valid Tax Identification Number (TIN)
    • Comply with all applicable health, safety, and food handling regulations (for food vendors)
    • Provide accurate business information, product descriptions, and pricing
    • Maintain the quality and availability of listed products
    • Have the capability to prepare and package orders for delivery

    4. User Responsibilities and Conduct

    4.1 General Obligations

    All users agree to:

    • Comply with all applicable laws, regulations, and these Terms
    • Use the Services only for lawful purposes and in accordance with these Terms
    • Respect the rights, dignity, and safety of other users
    • Maintain a rating above the minimum threshold required for continued Platform access
    • Report any safety concerns, incidents, or violations to KayyaX
    • Cooperate with KayyaX in any investigation of suspected violations

    4.2 Prohibited Conduct

    You agree NOT to:

    Safety Violations

    • Engage in any behavior that endangers the safety of any person
    • Use the Services while impaired by alcohol, drugs, or any intoxicating substance
    • Carry or transport weapons, explosives, or hazardous materials
    • Transport illegal drugs or controlled substances
    • Exceed legal speed limits or violate traffic laws
    • Use a mobile phone while riding (for Riders) except through hands-free devices
    • Allow unauthorized passengers or exceed vehicle capacity

    Fraudulent or Deceptive Conduct

    • Provide false, misleading, or fraudulent information
    • Create fake accounts, trips, or orders
    • Manipulate pricing, ratings, or incentive programs
    • Engage in fare fraud or payment fraud
    • Collude with other users to defraud KayyaX or other users
    • Use stolen payment methods or financial information

    Harassment and Discrimination

    • Harass, threaten, intimidate, or stalk any user or KayyaX personnel
    • Use offensive, abusive, discriminatory, or hateful language
    • Discriminate against any user based on race, ethnicity, religion, gender, sexual orientation, disability, or any protected characteristic
    • Make unwanted physical contact or engage in sexual misconduct
    • Record other users without their consent (except for safety documentation)

    Platform Abuse

    • Interfere with or disrupt the Services, servers, or networks
    • Attempt to gain unauthorized access to any part of the Platform
    • Use automated systems, bots, or scripts to access the Platform
    • Reverse engineer, decompile, or disassemble any software
    • Circumvent any security or access control measures
    • Scrape, mine, or extract data from the Platform
    • Use the Platform for commercial purposes without authorization
    • Solicit users to use competing services

    Content Violations

    • Post or transmit any Content that is illegal, harmful, threatening, abusive, defamatory, or obscene
    • Infringe on any intellectual property rights
    • Distribute spam, chain letters, or unsolicited advertising
    • Post Content containing viruses, malware, or harmful code

    4.3 Consequences of Violations

    Violations of these Terms may result in:

    • Warning or notification
    • Temporary suspension of account or access
    • Permanent deactivation of account
    • Forfeiture of any earnings, bonuses, or incentives
    • Reporting to law enforcement authorities
    • Civil or criminal legal action

    KayyaX reserves sole discretion to determine violations and appropriate consequences.

    5. Trips and Deliveries

    5.1 Requesting Services

    When you request a Trip or Delivery:

    • You provide pickup and drop-off locations
    • The Platform estimates the Fare based on distance, time, and demand
    • You may see an estimated Fare before confirming the request
    • The request is sent to nearby available Riders
    • A Rider may accept or decline the request at their discretion
    • Once accepted, you will receive Rider details and status updates for supported trips and deliveries

    5.2 Fare Calculation

    Fares are calculated using our proprietary algorithm based on:

    • Base Fare: Initial charge for the trip
    • Distance: Charge per kilometer traveled
    • Time: Charge per minute during the trip
    • Demand Multiplier: Dynamic pricing during high-demand periods ("surge pricing")
    • Tolls and Fees: Any applicable road tolls or surcharges

    Fare estimates are not guaranteed. The final Fare may differ due to route changes, traffic conditions, or waiting time. You will see the final Fare upon trip completion.

    5.3 Surge Pricing

    During periods of high demand (peak hours, bad weather, special events), Fares may increase through dynamic pricing ("surge"). Surge multipliers will be displayed before you confirm a request. By confirming during surge pricing, you accept the higher Fare.

    5.4 Cancellations

    Customer Cancellations:

    • You may cancel a Trip request before a Rider is assigned without charge
    • After a Rider accepts, a cancellation fee may apply
    • A higher cancellation fee may apply once the Rider has arrived or the Trip has started
    • Repeated cancellations may affect your account standing

    Rider Cancellations:

    • Riders may cancel accepted requests, though excessive cancellations affect their rating and standing
    • Riders may charge a cancellation fee if they arrive at the pickup location and wait beyond the grace period

    5.5 No-Shows

    If you are not present at the pickup location when the Rider arrives:

    • The Rider will wait for the designated grace period (typically 3-5 minutes)
    • The Rider will attempt to contact you
    • If you do not appear, the Rider may cancel and a no-show fee will be charged

    5.6 Safety During Trips

    For your safety:

    • Helmets: Riders are required to provide a clean helmet. You should always wear the helmet during the Trip.
    • Route Verification: Verify the route on the app and communicate any concerns to the Rider.
    • Support Follow-up: Contact support promptly if you need help with a trip, delivery, or rider issue.
    • Trip Records: Route and status records may be retained to investigate disputes and safety incidents.
    • Ratings: Rate your Rider after each Trip to help maintain platform quality.

    6. Payments and Financial Terms

    6.1 Payment Methods

    KayyaX accepts the following payment methods:

    • Mobile Money: MTN Mobile Money, Vodafone Cash, AirtelTigo Money
    • Debit/Credit Cards: Visa, Mastercard (processed through secure payment gateways)
    • KayyaX Wallet: Pre-loaded digital wallet within the app
    • Cash: Cash payments to Riders (where enabled)
    • Corporate Accounts: For business users with approved credit terms

    6.2 Payment Authorization

    By adding a payment method, you authorize KayyaX to:

    • Charge the selected payment method for Fares, fees, and other applicable charges
    • Automatically charge for services rendered, including Trip fares, Delivery charges, and cancellation fees
    • Store payment information for future transactions
    • Verify the validity of payment methods through test charges

    6.3 Pricing and Fees

    The charges on the Platform are:

    • Commission: Charged to Vendors only on online orders delivered by a KayyaX Rider (see Section 8)
    • Payment Fee: Charged to Vendors only when KayyaX collected the payment through Paystack (see Section 8)
    • Service Fee: Paid by Customers on online orders and shown at checkout (see Section 8)
    • Delivery Fee: Paid by Customers on orders delivered by a Rider and shown at checkout
    • Rider Commission: KayyaX's share of the Fare or Delivery Fee, kept from the Rider's earnings and shown to Riders
    • Plan Prices: What a Vendor pays for a paid Plan (see Section 7)
    • Cancellation Fees: As described in Section 5.4
    • No-Show Fees: As described in Section 5.5
    • Damage Fees: For damage to Rider's vehicle or equipment caused by Customer
    • Cleaning Fees: For excessive mess or soiling during a Trip

    All fees will be clearly disclosed before you complete a transaction.

    6.4 Rider Payments

    For Riders:

    • Riders receive the Fare or Delivery Fee less KayyaX's Rider Commission (see Section 8.6)
    • Earnings are deposited to the Rider's registered mobile money or bank account
    • Payment processing typically occurs within 24-48 hours
    • Detailed earnings statements are available in the Rider app
    • Riders are responsible for their own taxes on earnings

    6.5 Vendor Payments

    For Vendors:

    • Money a Vendor collects itself (cash, its own Mobile Money number, its own card terminal, bank transfer or credit) goes straight to the Vendor, and KayyaX takes nothing from it
    • For payments KayyaX collects for a Vendor, the Vendor receives the amount collected less any Commission or Payment Fee that applies under Section 8
    • The Service Fee and Delivery Fee a Customer pays are not part of the Vendor's earnings and are never deducted from them
    • Payments are processed according to the agreed settlement schedule
    • Vendors are responsible for accurate pricing and applicable taxes

    6.6 Refunds and Disputes

    Refunds may be issued at KayyaX's discretion for:

    • Duplicate charges or technical errors
    • Services not rendered as described
    • Significant route deviations without justification
    • Safety incidents or policy violations by service providers

    To request a refund, contact KayyaX Support within 7 days of the transaction. Refunds are processed to the original payment method within 5-10 business days.

    6.7 Promotions and Credits

    KayyaX may offer promotional credits, discounts, or referral bonuses. These are subject to:

    • Specific terms and conditions of each promotion
    • Expiration dates and usage limitations
    • One promotion per trip or transaction unless otherwise stated
    • Non-transferability and no cash value
    • Revocation for fraud or abuse

    7. Vendor Plans and Subscriptions

    7.1 Plans

    Every Vendor shop is on one of four Plans:

    • Free: The Free plan costs nothing and has no end date.
    • KayyaX Starter, KayyaX Pro and KayyaX Business: Paid Plans with features above the Free plan, in that order. Each paid Plan includes everything in the Plans below it. KayyaX Business includes everything.

    The features of each Plan, and what each Plan includes in staff seats, branches, monthly SMS texts and monthly AI credits, are listed in the KayyaX console and, when published, on the Pricing Page. Restaurants have their own Plans, which are shown in the KayyaX console.

    7.2 Price

    A paid Plan can be paid for by the month or by the year. Its price is the price shown in the KayyaX console at the time you pay, and on the Pricing Page when published. You see the Plan, the price and the period it covers before you pay. The price of KayyaX Pro and KayyaX Business is not published: it is agreed with KayyaX sales and confirmed to the Vendor before payment.

    7.3 Free Trial

    Each shop may have one free trial, once only, of the length shown in the KayyaX console. The free trial includes everything in KayyaX Business. When the trial ends, the shop returns to the Free plan unless you have paid for a Plan. A Plan you pay for during the trial starts when the trial ends.

    7.4 Paying for a Plan

    • You pay for a Plan through a Paystack checkout, by Mobile Money or card.
    • Each payment makes your shop's Plan paid until a date, which is shown in the KayyaX console.
    • A paid Plan does not continue automatically and KayyaX never charges you for it without your action. To keep it, pay again before or after the paid-until date.

    7.5 Changing Plans

    • The same Plan again: the new period starts when the period you have already paid for ends.
    • A higher Plan: it starts as soon as you pay. The days left on your lower Plan are not refunded and are not carried over.
    • A lower Plan: you can pay for it only after the period of your higher Plan ends.

    7.6 When the Paid Period Ends

    After the paid-until date there is a grace period of 5 days, during which your Plan stays available. If you have not paid again by the end of the grace period, your shop returns to the Free plan. Nothing your shop added is deleted. Features above the Free plan become unavailable until you pay for a Plan that includes them again. The same applies when a shop moves to a Plan that does not include a feature it was using.

    7.7 Changes to Plans

    KayyaX may change which Plan includes a feature, what a Plan includes, or a Plan's price. KayyaX will tell affected Vendors in the KayyaX console at least 14 days before such a change applies to them. A change never affects a period you have already paid for.

    7.8 Plans Do Not Change Order Charges

    Your Plan never changes what an order costs. The charges in Section 8 are the same on every Plan.

    8. Charges on Orders

    KayyaX's charges on Vendor orders depend only on how the order was placed, who collected the payment and whether a KayyaX Rider delivered it. The current rates are published on the Pricing Page.

    8.1 Sales the Shop Collects Itself

    For a sale at the counter or a table that the shop collects itself, KayyaX charges no Commission and no Payment Fee. This covers payment in cash, to the shop's own Mobile Money number, through the shop's own card terminal, by bank transfer, or on credit.

    8.2 Payments KayyaX Collects Through Paystack

    When KayyaX collects the payment through Paystack, the Vendor pays a Payment Fee at the rate published on the Pricing Page (currently 1.95%). This applies to:

    • A counter or table sale paid by a Mobile Money prompt sent from KayyaX, or by scanning a KayyaX QR code (which charges the payer's Mobile Money number through Paystack). The fee is a share of that payment.
    • An online order collected by the Customer (pickup) and paid online through Paystack. The fee is a share of the goods.

    There is no Commission on these orders.

    8.3 Online Orders Delivered by a KayyaX Rider

    On an online order delivered by a KayyaX Rider, the Vendor pays a Commission at the rate published on the Pricing Page (currently 15% of the goods), unless KayyaX has waived Commission for the shop. The Commission covers the Paystack charge, so there is no Payment Fee on these orders.

    8.4 Pickups Paid by KayyaX Wallet or Cash

    On an online order collected by the Customer and paid by KayyaX wallet or in cash, the Vendor pays no Commission and no Payment Fee.

    8.5 What Customers Pay

    • On every online order, the Customer pays a Service Fee at the rate published on the Pricing Page (currently 5%, up to a maximum of currently GHS 20).
    • On an order delivered by a Rider, the Customer also pays the Delivery Fee.
    • Both are shown to the Customer before they pay. The shop never pays the Customer's Service Fee.

    8.6 What Riders Receive

    For a delivery, the Rider receives the Delivery Fee less KayyaX's Rider Commission at the rate published on the Pricing Page (currently 20%).

    8.7 Changes to Rates

    KayyaX may change its rates by giving notice on the Pricing Page. A new rate applies only to orders placed after the change. Orders placed before the change keep the rates that applied when they were placed.

    9. Intellectual Property

    9.1 KayyaX Intellectual Property

    KayyaX owns all rights, title, and interest in:

    • The KayyaX name, logo, trademarks, and service marks
    • The Platform, including all software, code, algorithms, and technology
    • The design, layout, and look and feel of the Platform
    • All Content created by KayyaX, including text, graphics, images, and videos
    • All data, analytics, and insights derived from Platform usage

    You may not copy, modify, distribute, sell, or lease any part of our Platform or intellectual property without our written consent.

    9.2 License to Use the Platform

    Subject to your compliance with these Terms, KayyaX grants you a limited, non-exclusive, non-transferable, revocable license to:

    • Download and install the KayyaX app on your personal device
    • Access and use the Platform for personal, non-commercial purposes

    This license does not include the right to:

    • Modify, adapt, or create derivative works
    • Reverse engineer, decompile, or disassemble any software
    • Remove any copyright, trademark, or proprietary notices
    • Use the Platform for any commercial purpose without authorization

    9.3 User Content

    You retain ownership of Content you create and submit through the Platform (reviews, photos, messages). By submitting Content, you grant KayyaX a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content for any purpose related to our Services.

    You represent and warrant that:

    • You own or have the right to submit the Content
    • The Content does not infringe any third-party rights
    • The Content complies with these Terms and applicable law

    9.4 Feedback

    If you provide suggestions, ideas, or feedback about our Services, you grant KayyaX the right to use such feedback without any obligation to compensate you.

    10. Privacy and Data Protection

    Your privacy is important to us. Our collection, use, and sharing of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

    By using our Services, you consent to:

    • The collection and processing of your personal data as described in the Privacy Policy
    • The collection of precise location data to provide and improve Services
    • The sharing of your information with other users as necessary for service delivery
    • The use of cookies and similar technologies as described in our Cookie Policy

    11. Disclaimers and Limitation of Liability

    11.1 Disclaimer of Warranties

    THE KAYYAX PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

    • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
    • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
    • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
    • WARRANTIES REGARDING THE QUALITY, SAFETY, OR LEGALITY OF SERVICES PROVIDED BY RIDERS OR VENDORS
    • WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

    11.2 Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

    • KAYYAX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
    • KAYYAX'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO KAYYAX IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) GHS 500.
    • KAYYAX IS NOT LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING FROM YOUR USE OF THE SERVICES OR ANY TRANSACTION BETWEEN YOU AND RIDERS, VENDORS, OR OTHER USERS.

    11.3 Third-Party Services

    KayyaX is not responsible for the acts or omissions of third parties, including Riders, Vendors, payment processors, or telecommunications providers. Any contract for services is between you and the relevant third party.

    11.4 Force Majeure

    KayyaX shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, government actions, or failures of third-party services.

    12. Indemnification

    You agree to indemnify, defend, and hold harmless KayyaX and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

    • Your use of the Services
    • Your violation of these Terms
    • Your violation of any applicable law or regulation
    • Your violation of any rights of any third party
    • Your Content submitted through the Platform
    • Any dispute between you and another user
    • For Riders: Your provision of transportation services, including accidents, injuries, or property damage
    • For Vendors: Your products, services, or business operations

    13. Dispute Resolution

    13.1 Informal Resolution

    Before initiating formal dispute resolution, you agree to first contact KayyaX and attempt to resolve any dispute informally. Most disputes can be resolved through our customer support channels within 30 days.

    13.2 Arbitration

    If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Services shall be resolved by binding arbitration administered by the Ghana Arbitration Centre in accordance with its rules.

    • The arbitration shall be conducted in Accra, Ghana
    • The language of arbitration shall be English
    • The arbitrator's decision shall be final and binding
    • Judgment on the award may be entered in any court of competent jurisdiction

    13.3 Class Action Waiver

    YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in class actions or class-wide arbitration.

    13.4 Exceptions

    The following disputes are not subject to arbitration:

    • Claims for injunctive or equitable relief to protect intellectual property rights
    • Small claims court proceedings (where applicable)
    • Disputes required by law to be resolved in court

    14. Governing Law

    These Terms shall be governed by and construed in accordance with the laws of the Republic of Ghana, without regard to its conflict of law provisions. The courts of Ghana shall have exclusive jurisdiction over any legal proceedings arising out of or relating to these Terms.

    15. Termination

    15.1 Termination by You

    You may terminate your account at any time by:

    • Using the account deletion feature in the app
    • Contacting customer support with a termination request

    Upon termination, your right to use the Services will immediately cease.

    15.2 Termination by KayyaX

    KayyaX may suspend or terminate your account at any time, with or without cause or notice, including for:

    • Violation of these Terms or any KayyaX policy
    • Fraudulent, illegal, or harmful conduct
    • Repeated low ratings or user complaints
    • Extended inactivity
    • At our discretion for any business reason

    15.3 Effect of Termination

    Upon termination:

    • Your access to the Services will be revoked
    • Any pending transactions may be cancelled
    • Unused credits or promotional balances may be forfeited
    • For Riders: Outstanding earnings will be paid according to normal procedures
    • Provisions that by their nature should survive termination will remain in effect

    16. General Provisions

    16.1 Entire Agreement

    These Terms, together with the Privacy Policy, Cookie Policy, and any additional terms incorporated by reference, constitute the entire agreement between you and KayyaX regarding the Services and supersede all prior agreements and understandings.

    16.2 Modifications

    KayyaX reserves the right to modify these Terms at any time. We will notify you of material changes through:

    • In-app notifications
    • Email to your registered address
    • Posting the updated Terms on our website

    Your continued use of the Services after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

    16.3 Severability

    If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

    16.4 Waiver

    No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. KayyaX's failure to enforce any right or provision shall not constitute a waiver of that right or provision.

    16.5 Assignment

    You may not assign or transfer these Terms or your rights hereunder without KayyaX's prior written consent. KayyaX may assign these Terms without restriction.

    16.6 Notices

    Notices to you may be provided via the app, email, SMS, or posted on the Platform. Notices to KayyaX should be sent to legal@kayyax.com or to our physical address.

    16.7 Language

    These Terms are provided in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

    17. Contact Information

    For questions or concerns about these Terms of Service, please contact us:

    Modularpath Systems, trading as KayyaX
    15 Independence Avenue, Ridge
    Accra, Ghana

    Legal Inquiries: legal@kayyax.com
    Customer Support: support@kayyax.com
    Phone: +233 30 277 8888
    WhatsApp: +233 55 123 4567

    Effective Date: 13 October 2026