Terms of ServiceConditions Générales d'Utilisation

By accessing or using the FiapPay platform (the "Service"), operated by Los Bebes Inc. ("Company", "FiapPay", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference. If you do not agree in their entirety, you must immediately discontinue use of the Service. These Terms constitute a legally binding agreement between you and the Company. We may modify these Terms at any time; changes are effective upon posting, and your continued use after changes constitutes acceptance. It is your responsibility to review these Terms periodically.

For the purposes of these Terms:

• "Seller" / "Vendor", any individual or business that creates a bill or payment request through the FiapPay bot to collect funds in exchange for goods or services.
• "Buyer", any individual who pays into a FiapPay escrow transaction in exchange for goods or services from a Seller.
• "Escrow", the secure holding of buyer funds by our licensed payment partner until the conditions for release are met.
• "Release PIN", the unique, confidential 4-digit code issued to the Buyer upon successful payment, which authorizes the release of escrowed funds to the Seller.
• "Bill", the transaction request created by the Seller via the FiapPay bot, specifying the amount.
• "Vendor Code", the unique identifier assigned to a registered Seller.
• "Dispute", a formal disagreement raised by either party through the bot regarding the outcome of a transaction.
• "Platform", the FiapPay service accessible via the WhatsApp bot, including all associated systems, APIs, and infrastructure.
• "Payment Partner", our licensed third-party Mobile Money aggregation provider, TAKWID GROUP (CamPay), that processes and custodies all funds. All Mobile Money debits and credits are processed solely by TAKWID GROUP (CamPay), not by FiapPay or Los Bebes Inc.

FiapPay is a technology platform that provides automated escrow services for peer-to-peer and business-to-consumer online commerce conducted across social media (including WhatsApp, Instagram, TikTok, and Facebook), using Mobile Money (MTN MoMo and Orange Money).

FiapPay acts exclusively as a neutral technology intermediary. We facilitate the holding of funds in escrow and their release based on predefined conditions (PIN confirmation or dispute resolution). FiapPay does not:

• Sell, manufacture, store, ship, or deliver any goods or services.
• Verify the quality, legality, safety, authenticity, or accuracy of items offered by Sellers.
• Guarantee delivery timelines, shipping methods, or carrier reliability.
• Act as a marketplace, retailer, or product-listing platform.
• Provide warranties or guarantees on any goods or services transacted through the Platform.

FiapPay is not a bank, microfinance institution, or licensed Payment Service Provider (PSP). All Mobile Money transactions and escrow holds are processed and custodied by our licensed Payment Partner in accordance with applicable COBAC regulations. FiapPay does not independently hold, invest, or manage user funds; it orchestrates the escrow lifecycle between buyers, sellers, and Mobile Money networks.

To use FiapPay you must:

• Be at least 18 years of age.
• Possess a valid, personally registered Mobile Money account (MTN MoMo or Orange Money) in Cameroon.
• Provide accurate and truthful information in all communications with the Platform.
• Have the legal capacity to enter into binding agreements under Cameroonian law.

By using FiapPay you represent and warrant that you meet all of these requirements. Providing false information or using another person's Mobile Money account is grounds for immediate account termination and potential legal action.

Sellers register through the bot and receive a unique Vendor Code and link their Mobile Money payout number. You are responsible for the accuracy of your registered payout number; FiapPay is not liable for funds disbursed to an incorrect number that you provided or confirmed. You are responsible for all activity conducted under your account and Vendor Code, and for keeping your WhatsApp account and device secure. Notify us immediately of any unauthorized use.

To comply with applicable laws and the requirements of our Payment Partner, FiapPay may, at any time, request identity verification ("KYC") information, including your legal name, identification documents, and business details. We may suspend, limit, or refuse transactions pending verification. You agree that we may screen transactions for fraud, money laundering, and sanctions risk, and report suspicious activity to the relevant authorities as required by law. Higher transaction tiers require successful KYC verification.

By using FiapPay as a Seller, you acknowledge and agree to the following:

• Pre-Transaction Agreement: Before creating a Bill, you must reach a clear, mutual agreement with the Buyer covering the exact item(s) or service(s), total price, delivery method and timeline, return/exchange policy, and any other conditions. FiapPay is not a party to this agreement.
• Accurate Descriptions: You are solely responsible for ensuring all descriptions, photos, and representations shared with Buyers are accurate, truthful, and not misleading.
• Legal Compliance: All goods and services must comply with Cameroonian law. Selling counterfeit, stolen, illegal, or regulated goods is strictly prohibited and may result in termination and referral to authorities.
• Delivery Responsibility: You assume full responsibility for safe, timely, and traceable delivery. FiapPay does not manage, verify, or guarantee shipping.
• Own Terms of Service: Business Sellers are strongly encouraged to maintain their own written terms, return policies, and customer-service procedures.
• Tax Compliance: You are solely responsible for any tax obligations arising from your sales (income tax, business tax, VAT/turnover taxes as applicable).

By using FiapPay as a Buyer, you acknowledge and agree:

• Due Diligence: Before transacting, independently verify the Seller's reputation, product authenticity, and terms of sale. FiapPay does not vet, endorse, or certify any Seller.
• Pre-Transaction Agreement: Reach a clear agreement with the Seller on items, price, delivery, and returns BEFORE approving payment.
• PIN Confidentiality: The Release PIN must NEVER be shared with anyone, including the Seller, until you have physically received, inspected, and accepted the goods. Sharing the PIN prematurely is voluntary authorization of fund release, and FiapPay bears no liability for funds released via valid PIN entry.
• Timely Inspection: Upon receipt, inspect goods within a reasonable timeframe (24 hours unless otherwise agreed) and either release the PIN or open a dispute. If you become unresponsive after delivery, FiapPay may send reminders and refer an unresolved transaction to mediation; funds are not released on a fixed timer.
• Good Faith: Filing false disputes, claiming non-delivery when goods were received, or attempting to retain both the goods and the funds constitutes fraud and will result in termination and potential legal action.

Each transaction follows a strict lifecycle:

• Bill Creation: The Seller generates a Bill via the bot specifying the amount.
• Payment and Locking: The Buyer approves the Mobile Money prompt. Funds are locked in escrow, and the Buyer receives a confidential 4-digit Release PIN.
• Delivery: The Seller delivers the goods using the agreed method.
• Inspection and Release: Upon satisfactory receipt, the Buyer texts the Release PIN to the bot, and funds are instantly disbursed to the Seller, minus the platform fee.

FiapPay charges a transparent 5% platform fee per transaction, split equally: 2.5% added to the buyer's total and 2.5% deducted from the seller's payout. Exact amounts are displayed by the bot before either party commits. There are no hidden fees, subscriptions, or setup charges. We reserve the right to adjust the fee structure with 30 days' prior notice.

Standard (Tier 1) accounts may escrow up to 50,000 FCFA per transaction with a daily limit of 150,000 FCFA. Verified business (Tier 2) accounts may process up to 500,000 FCFA per transaction with a daily limit of 2,000,000 FCFA. A minimum transaction amount applies. We reserve the right to adjust these limits to comply with regulations or risk policy. Attempts to circumvent limits via split or structured transactions are prohibited.

Escrowed funds are held until the Buyer confirms delivery (by submitting the Release PIN) or a dispute is resolved. FiapPay does not automatically release funds on a fixed timer; we recognise that some deliveries legitimately take longer than others. If a Buyer becomes unresponsive after delivery, FiapPay may send reminders and, where a transaction remains unresolved, our mediation team may step in to resolve it fairly (see Section 13). Funds are never released to the Seller without the Buyer's confirmation or a mediation decision.

Either party may open a dispute via the bot while funds are held in escrow. Our mediation team will request and independently review evidence from both parties (photos, videos, shipping receipts, communication screenshots, delivery confirmations), assess on the preponderance of evidence, and issue a determination, ordinarily within 5 business days of receiving all evidence. FiapPay's decision is final and binding within the scope of the escrowed amount. Possible outcomes: full release to Seller, full refund to Buyer, or a partial split. FiapPay does not award damages, penalties, or compensation beyond the original escrowed amount. Both parties agree to accept FiapPay's determination as the final resolution within the scope of the Platform.

Before payment is locked: Either party may cancel at no cost; no funds have moved.

After payment is locked but before PIN release: The Buyer may open a dispute for a legitimate reason (e.g., Seller fails to ship, item materially different). Refunds are processed via Mobile Money and may take 1 to 3 business days depending on network conditions.

After PIN release: No refunds are possible through FiapPay. Once funds are voluntarily released, the transaction is complete and irreversible on our Platform. Any post-release returns, exchanges, or refunds must be resolved directly between Buyer and Seller.

FiapPay does not process refunds for buyer's remorse, change of mind, or subjective dissatisfaction with goods that materially match their description.

You agree not to use FiapPay for:

• The sale or purchase of illegal, counterfeit, stolen, or prohibited goods or services.
• Money laundering, terrorist financing, fraud, or any financial crime.
• Abusing the dispute system with false, misleading, or frivolous claims.
• Circumventing transaction limits, security measures, or identity verification.
• Harassing, threatening, or intimidating other users.
• Creating multiple accounts to evade suspension or bans.
• Reverse engineering, scraping, or interfering with the Platform's infrastructure.
• Sham transactions where no actual goods or services are exchanged.

Violation may result in immediate and permanent suspension, forfeiture of escrowed funds to the non-violating party, and referral to law-enforcement authorities.

You understand and agree that transactions are conducted between Buyers and Sellers who are not employees, agents, or representatives of FiapPay. You assume all risks associated with dealing with other users. FiapPay does not screen, endorse, recommend, or guarantee any user, product, or service. We make no representation about the identity, legitimacy, conduct, or trustworthiness of any Buyer or Seller. Any reliance you place on another user is at your own risk. The escrow mechanism mitigates, but does not eliminate, counterparty risk.

We may suspend or terminate your access at any time, with or without notice, if you violate these Terms, if we detect suspicious, fraudulent, or illegal activity, if you accumulate excessive disputes, or if required by law or regulatory order. Upon termination, pending escrowed funds will be handled according to the dispute-resolution process. FiapPay is not liable for losses resulting from suspension or termination due to Terms violations.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. FiapPay does not warrant that the Service will be uninterrupted, timely, secure, or error-free, that the bot will always be available, or that defects will be corrected. No advice or information obtained from FiapPay creates any warranty not expressly stated here. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, exclusions apply to the maximum extent permitted by law.

To the maximum extent permitted by applicable Cameroonian law:

• FiapPay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill.
• FiapPay shall not be liable for: delays or failures caused by Mobile Money network outages or maintenance; incorrect phone numbers or payment details provided by users; losses resulting from the voluntary sharing of Release PINs; the quality, safety, legality, authenticity, or delivery of goods or services; the acts or omissions of any Buyer, Seller, or third-party provider; or any Force Majeure event.
• Our total aggregate liability for any claim arising from the Service is limited to the platform fees actually collected on the specific transaction in question, and in no event shall exceed 50,000 FCFA.

You agree to indemnify, defend, and hold harmless FiapPay, Los Bebes Inc., and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with: your use of the Service; your violation of these Terms; your violation of any law or regulation; any dispute between you and another user; or any third-party claim relating to goods or services you sold or purchased through the Platform.

By using FiapPay, you consent to receive communications from us electronically, via the WhatsApp bot, SMS, or other electronic means, including transaction confirmations, PINs, dispute updates, and legal notices. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Standard carrier messaging rates may apply.

The FiapPay name, logo, bot, website, software, and all related content are the property of Los Bebes Inc. and are protected by applicable intellectual-property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our prior written consent.

The Service relies on third-party providers, including our Payment Partner TAKWID GROUP (CamPay), Mobile Money networks (MTN, Orange), and the WhatsApp Business Platform (Meta). Your use of those services is subject to their own terms and policies. FiapPay is not responsible for the acts, omissions, outages, or policies of any third-party provider, and is not liable for any loss arising from their services.

FiapPay shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, civil unrest, war, government action or order, regulatory changes, pandemics, strikes, internet or telecommunications outages, Mobile Money network failures, or the failure of any third-party provider.

These Terms are governed by and construed in accordance with the laws of the Republic of Cameroon. Any dispute between you and the Company arising from these Terms or the Service shall first be addressed through good-faith negotiation. Failing resolution within 30 days, the dispute shall be subject to the exclusive jurisdiction of the competent courts in Bamenda, North-West Region, Cameroon. This clause governs disputes between you and FiapPay, and is distinct from the buyer-seller mediation described in Section 13.

• Severability: If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary, or severed, and the remaining provisions shall remain in full force.
• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and FiapPay regarding the Service and supersede any prior agreements.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign ours to any successor or affiliate.
• Waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
• Language: These Terms are provided in English and French. In the event of any conflict, the English version prevails to the extent permitted by law.

For questions about these Terms, contact our support team at +237 676 239 987. For formal legal correspondence, write to: Los Bebes Inc., Centre Commercial, Bamenda, North-West Region, Cameroon.