Terms of Service

Last updated: May 29th, 2026

This Terms of Service contains an arbitration agreement, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Under the arbitration agreement, (1) you will only be permitted to pursue claims against the Company on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1.0 Product

Thamani is a mobile fundraising product developed, operated and owned by Thamani Foundation, a non-governmental organization incorporated in Tanzania and a neutral content provider of mobile alerts, fundraising applications and related services. The Company is not a financial institution and does not accept deposits. Thamani, a mobile-based and online application, enables users to fundraise easily and efficiently in a transparent manner.

Please read this document carefully before accessing or using the Thamani Services.

2.0 Definitions

In this Agreement, the following terms and expressions shall, unless the context otherwise requires, have the following meanings:

• "Account" means a Customer's virtual Thamani Account being the record maintained by the Company of the amount of E-Value held by the Customer.
• "Agreement" means these Terms of Use or its amendments thereof from time to time.
• "Balance" means the amount of E-Value from time to time standing to the credit of your Account.
• "Customer" means you and every other person who is using the Thamani service.
• "E-Value" means the electronic value recorded in a Customer's Account representing that Customer's entitlement to an equivalent amount of the cash amount held in the Paybill or Trust Account.
• "Fees" means the Transaction Fees and other charges payable under this Agreement for the Thamani Services.
• "Fundraising" means campaigns for raising money from people or contribution and donation of money by people or groups of people for various causes or kitties.
• "Mobile Phone" means your mobile phone handset or mobile device.
• "MSISDN" means the Mobile Subscriber Integrated Services Digital Network Number or the identification number of your SIM card as allocated by Vodacom, Airtel, Tigo, Halotel, or any other mobile operators in Tanzania.
• "Network Service Provider" or "Service Provider" means Vodacom, Airtel, Tigo, Halotel, or other mobile operators in Tanzania.
• "Paybill / Merchant Account" means where you decide to use your own Paybill account as may be assigned to you by Vodacom, Airtel, Tigo or Halotel.
• "Payments" means money or monies paid to your account as a contribution or donation towards the Fundraising.
• "Product" or "Service" or "Services" means any products and services offered by Thamani, including its website located at www.niakkuu.org, software, and mobile applications.
• "SIM Card" means the subscriber identity module which enables you to use mobile money services (M-Pesa, Airtel Money, Tigo Pesa, Halopesa).
• "SMS" means a Short Message Service consisting of a text message transmitted from one mobile subscriber network to another.
• "Trust Account" means the commercial bank account maintained by the Company into which all Payments are made and held by the Company on behalf of Customers.
• "we" or "us" or "Company" means Thamani Foundation.
• "USSD Number" means USSD code *483*57# to access and operate the Service.

3.0 Terms and Conditions

3.1 Use of Thamani

This Terms of Use governs the use by you of Thamani, the acceptance of which constitutes a binding contract between yourself and the Company. You acknowledge that your use of the Thamani Service is at free will and you have not been coerced or compelled to use this Service. You agree to abide by these Terms of Use with respect to the use of Thamani and such other products and services such as PayPal, third-party merchant accounts, and Social Network Platforms as may from time to time be made available to you by us.

You acknowledge that the Company may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space allotted on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained by the Service. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself. You are responsible for maintaining the confidentiality of your password and Account, including your mobile money password or secret system identification number. You are fully responsible for any and all activities that occur under such passwords or Account. You agree to immediately notify the Company of any unauthorized use of your passwords or Account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this section.

Upon completion of the process of subscribing to or accessing the Thamani service on your Mobile Phone you are given a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable license to use the Service on your Mobile Phone. You shall use the Service on your Mobile Phone subject to the Terms of Service stated herein at your own risk. To the extent you access the Service through a Mobile Phone, your wireless service carrier's standard charges, data rates and other fees may apply.

Basic Terms of Fundraisers:

• Setting up a fundraiser on Thamani is free.
• You can only manage one active fundraiser with one MSISDN or SIM Line on Thamani at any given time, however you can contribute to an unlimited number of fundraisers.
• You can withdraw your funds at any time provided your Balance is at least TZS 5,000.
• The latest normal Network Service Provider tariffs apply for all withdrawals and contributions.
• A fundraiser may have a maximum of three (3) Treasurers who approve withdrawals.

3.2 Custody of Money

The Company hereby declares that it holds custody of all Payments and other monies received into the Paybill, Till, PayPal, Stripe, and other channels with respect to the Payments credited to your Account (the "Customer Balances") for you and for your benefit such that you shall be beneficially entitled to all those Customer Balances equivalent to the Balance standing to the credit of your Account. You agree that we may treat the records of our system as conclusive evidence of the amount of E-Value at any time standing to the credit of your Account.

You acknowledge that we do not invest or generate money from the monies we hold on your behalf in any way whatsoever and shall have no obligation to invest the Customer Balances. We make our money through the Fees we charge you for the product. You further acknowledge that, to the extent that any interest may accrue on the Customer Balances, you shall have no beneficial entitlement to such interest and we shall be entitled to retain such interest for our own use, whether to defray our own costs and expenses of operating our system or to pay the same to charitable causes.

Contributions or donations made to the Thamani Account do not constitute a deposit and we are not a financial institution. You accept that the money in your Account or held on your behalf is therefore not insured and hold us harmless against each and every risk that may occur as a result of the said lack of insurance.

Where you decide to use your own Paybill/Merchant Account:

• We shall, and you hereby authorize us to, integrate your Paybill Account number with our system so that all the messages that have payment information reflect this Paybill number.
• We do not have custody, control, access or receipt of payments into your own Paybill Account. You acknowledge that you receive and have custody of the payments in your Paybill Account.
• You hereby indemnify and hold us harmless against any and all losses, costs, expenses and/or claims relating to the custody, control, access or receipt of payments into your own Paybill Account.
• You agree to keep sufficient credit in your Thamani Account to be utilized against any Fees payable to us.

3.3 Withdrawal Rights

We shall strive to effect your withdrawal request within one (1) hour to four (4) hours of the request barring factors beyond our control. Withdrawals must be made from the SIM card that started the fundraiser and any deviation would require our investigation.

In the event you are incapacitated to the extent of inability to withdraw from your Mobile Phone, you agree that you can personally appear at Thamani offices with satisfactory evidence of your identity as proof that you started the fundraiser, alongside necessary medical documentation. In the event that the Customer is deceased, the withdrawal from their Account can be effected upon the request of the next of kin or the legal representative ("Claimant") after producing necessary documents (death certificate, original ID, affidavit, local administration letters, probate/letters of administration) to our satisfaction.

3.4 Proprietary Rights

The technology and software underlying the Service (the "Software") are the property of the Company, our affiliates and our partners. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, assign, sublicense, or otherwise distribute, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the Software. The Thamani name and logos are trademarks of the Company. You represent and warrant that you own all right, title and interest in and to any User Content you upload through the Service, granting the Company a nonexclusive, worldwide, royalty-free, transferable license to use, display, copy, and distribute such User Content in connection with the Service.

3.5 Apple-Enabled Software Applications

With respect to Software made available for your use in connection with an Apple-branded product, Company and you acknowledge that these Terms are between the Company and you only, and Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Software. Apple will have no other warranty obligation whatsoever with respect to the Software. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service.

3.6 Third-Party and Social Networking Services

You may enable or log in to the Service via various online third-party services like Facebook or X. The manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Thamani shall have no liability or responsibility for the privacy practices of any third-party site enabled within the Service.

3.7 Changes to the Product or Terms of Use

The Company reserves the right to change, add, modify or remove any information on the Product, change or amend the Terms of Use, or suspend and restrict access to the Product at any time. Continued use of the Service after any changes indicates your agreement to accept the changes.

3.8 Disclaimer of Warranties and Limitation of Liability

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Thamani expressly disclaims all warranties of any kind. Under no circumstances shall Thamani or its directors/officers/employees be liable for any direct, indirect, incidental, special or consequential damages. In no event will Thamani's total liability to you exceed one hundred US dollars ($100).

3.9 Legal Restrictions & Inappropriate Content

Thamani shall not be used in any jurisdiction where the use of such a product is contrary to applicable laws. We reserve the right, without liability, to monitor content and remove any that in our sole discretion we find misleading, offensive, or otherwise inappropriate.

3.10 Suspension & Closure of Account

We may suspend or terminate your Account without liability in circumstances involving bankruptcy, suspected fraud, unauthorized or criminal activities, regulatory investigations, or violation of these Terms of Use.

3.11 Governing Law and Arbitration

The use of this Product shall be governed by and construed in accordance with the laws of the United Republic of Tanzania. Any disputes or claims arising out of this Agreement shall be resolved exclusively through final and binding arbitration in Tanzania, conducted in accordance with the rules of the Tanzania Institute of Arbitrators (TIArb).