Lemonade Payments
This User Agreement (“Agreement”) is a contract between you and Lemonade Investments. (“Company”) and applies to your use of Lemonade products and services and any other Lemonade features, technologies, and/or functionalities offered by Company on our website, in the Lemonade app (mobile and web) or through any other means (the “Lemonade Services”). The Lemonade Services are provided to you subject to this Agreement as well as our Privacy Policy (“Privacy Policy”) which is incorporated in this Agreement by this reference.
You acknowledge and agree that this Agreement is between you and Company, not with any third party (including, but not limited to, Apple®, Google®, or any mobile carrier), and that Company is solely responsible for the Lemonade Services. Your use of the Lemonade Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®, Huawei etc), your mobile service carrier (e.g., Safaricom® or Airtel®), and other parties involved in providing your mobile device service. Third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third party terms of agreement when using the Lemonade Services. Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.
The Lemonade Services allow you to make payments to and accept payments from third parties. You may use the Lemonade Services on your mobile device, or, if you are an approved merchant, you may accept Lemonade payments through your mobile application or website. Lemonade Investments is a licensed provider of money transfer services and all money transmission is provided by Lemonade Investments, pursuant to Lemonade Investment’s licenses. Company has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any user of the Lemonade Services or that a sender or a recipient can or will complete a transaction.
To be eligible to use the Lemonade Services, you must create an account with a cellular/wireless telephone number that you own. As further detailed in our Privacy Policy, in order to register, create and use an account, Company may require that you submit certain Personal Information (as defined in the Privacy Policy), including but not limited to your name, email address, text-enabled cellular/wireless telephone number, national id, zip code, and date of birth to Company. During the registration process, or when you access the Lemonade Services from a phone, your phone’s device ID is also stored. You agree that the Personal Information you provide to the Company upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with us as necessary.
We offer two different types of accounts, personal and business accounts. You may have only one personal account. Personal accounts are for use in person-to-person transfers with friends and family, and other people whom you know. Personal accounts may also be used to make Authorized Merchant Payments as described in this Agreement. Some features of personal accounts may be limited based on how you wish to use the Lemonade Services, how much you need to send or spend and what we know about you. We may require that you provide more information in order to complete a transaction. Personal accounts may not be used to receive business, commercial or merchant transactions. For each business you are involved with, you may have only one business account. Business account use is limited. Business accounts must be applied for and explicitly authorized. By opening a business account and accepting the terms as outlined in this Agreement, including, but not limited to, the Rules and Restrictions for Business Accounts set forth below, you attest that neither you nor your business is establishing a business account primarily for personal, family or household purposes. We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement, including, but not limited to, if you are using a personal account for business purposes or a business account for personal, family or household purposes.
You hereby authorize Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes. You hereby provide your explicit consent for Company to conduct a credit check on your personal and/or business credit history. You understand that this credit check is required as part of Company’s enhanced due diligence process and acknowledge that the information obtained will be used solely to assess your credibility or that of your business.
You have the right to receive an account statement. You may view your account statement by logging into your Lemonade account.
We may, at our discretion, impose limits on the amount of transactions you conduct through the Lemonade Services. Please see our FAQ’s for more details on limits. If we have authenticated your identity, we may increase your transaction limits. These limits may change from time to time in Company’s sole discretion. You may not send money to your own account.
Lemonade charges fees per transaction done on the platform. To view the tariffs, please see here. We reserve the right to change the fees for our services in the future. If we do, we will notify you and provide a grace period before any fees are implemented.
Payment investigation is a process by which Company reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, Company will place a hold on the payment and may provide notice to the recipient. Company will conduct a review and either clear or cancel the payment. If the payment is cleared, Company will provide notice to the recipient. Otherwise, Company will cancel the payment and the funds will be returned. Company will provide notice to you by email and/or in the account history tab of your Lemonade account if the payment is canceled. The Company also reserves the right to freeze or block accounts that we deem to have acquired funds illegitimately. Additionally, in the case you are unable to provide the original source of funds from your mobile money or bank account into Lemonade, whereby investigations are on-going, the company also reserves the right to freeze your account.
When you send a payment, you are liable to the Company for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
How to Close Your Account - As long as there are no pending or in-progress transactions, you may close your account at any time. You may close your account by emailing us at [email protected] and requesting that we close your account. It may take up to 30 days for your account closure to be complete. ii. Limitations on Closing Your Account You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.
Item Hold Company, in its sole discretion, may place a hold on a payment you receive for a transaction when the Company believes there may be a high level of risk associated with the transaction. If Company places a hold on your payment, it will show as “pending” in your Lemonade account.
1. Release of Item Hold Company will release the payment hold after 21 days unless we receive a dispute, claim, chargeback, or reversal on the transaction subject to the hold. Company may release the hold earlier if the sender of funds provides us confirmation, Company is able to confirm proper delivery, or Company otherwise completes its investigation. ii. Additional hold period If you receive a dispute, claim, chargeback, or reversal on the transaction subject to the item hold, Company may hold the payment in your account until the matter is resolved pursuant to this Agreement.
Termination of this Agreement for any reason, we have the right to prohibit your access to the Lemonade Services, including without limitation by deactivating your account, and to refuse future access to the Lemonade Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors.
The following Rules and Restrictions for personal accounts apply to your use of a personal account under this Agreement.
i. Receiving Money Please see FAQ’s for more details on limits, including limits on receiving and sending money. These limits may change from time to time in Company’s sole discretion.
ii. Transaction Fees for Receiving Money Please see FAQ’s for more details on fees. These fees may change from time to time in Company’s sole discretion.
iii. Error in Receiving Money In the event of an error, you give Company permission, subject to Company’s compliance with applicable law, to make appropriate corrections by debiting or crediting your Lemonade balance, or debiting or crediting your primary or alternate funding sources as applicable.
iv. Account Errors If your account history shows transfers you did not make, please report this by reaching out to us at [email protected]
3.1 Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers The Lemonade mobile application works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Company is solely responsible for providing maintenance and support services for the Lemonade Services. Covered Third Parties have no obligation to provide maintenance or support services for the Lemonade Services. Covered Third Parties have no warranty obligations whatsoever with respect to the Lemonade Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Lemonade Services to conform to any warranty provided by Company, if any, will be Company’s sole responsibility. Company, not any Covered Third Parties, is responsible for addressing any claims relating to the Lemonade Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Lemonade Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section below for how to contact Company. If you are using the Lemonade Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Services.
3.2 Services via SMS or Mobile Data The Lemonade Services allow you to send and receive payments through your mobile phone via SMS or mobile data plan. If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the Lemonade Services.
Notices to You You agree that Company may provide notice to you by posting it on our website and internet properties, or if we have your email address or street address, by emailing it to the email address listed in your account or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. Company’s Business Days include all days on which the New York Federal Reserve Bank is open for business. We may also provide notice when you access the Lemonade Services.
Business Days “Business Days” means Monday through Friday, excluding Holidays. “Holidays”. If a Holiday falls on a Saturday, Company shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Company shall observe the Holiday on the following Monday.
Notices to Company Notice to Company must be sent by postal mail to: Lemonade Investments, Attention: Legal Department.
Calls to You By Providing Company a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Company at that number should the need arise. However, we will never call you for promotional purposes.
Lemonade Websites The Company’s Lemonade websites may feature third party offers and enable product searches. Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on Company websites is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by the Company of any product, service or vendor.
Intellectual Property “Lemonade.Ke”, “Lemonade”, and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Company or its licensors. You may not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company’s sponsorship or endorsement. All right, title and interest in and to the Lemonade website and any content thereon is the exclusive property of Company and its licensors. Certain other product or service names, brand names and company names may be trademarks of their respective owners.
Taxes It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Privacy Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. If you receive information about another Lemonade user through the Lemonade Services, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a Lemonade user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.
Children’s Privacy Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow anyone under 18 to register for the Lemonade Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal or payment information to us through the Lemonade Services. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in the “Contact Us” section.
Loss or Theft of Account Information, PIN, and Mobile Device If you believe that any of your Lemonade account registration information, PIN or mobile device containing the Lemonade App has been lost or stolen, or if your account history shows transfers that you did not make, immediately contact Company via the Contact Us information below or by email to [email protected].
Restricted Activities
In connection with your use of our website, your account, or the Lemonade Services, or in the course of your interactions with Company, a user or a third party, you will not:
Acceptable Use
You agree you will not use the Lemonade Services to violate any law, statute, ordinance, or regulation relating to sales of:
Legal Compliance
You are solely responsible for ensuring that your use of the Lemonade Services is in conformance with applicable federal, state and local laws and regulations. By using the Lemonade Services, you warrant and represent that (i) you are not located in a country that is subject to a Kenyan Government embargo, or that has been designated by the Kenyan Government as a “terrorist supporting” country; and (ii) you are not listed on any Government list of prohibited or restricted parties.
Your Liability - Actions We May Take
Account Closure, Termination of Service, or Limited Account Access If we limit or close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion. You may stop using the Lemonade Services at any time or may close your accounts by contacting us. Company, in its sole discretion, reserves the right to terminate the Lemonade Services, to terminate this Agreement, or to terminate your access to the Lemonade Services for any reason and at any time. If we terminate or limit your use of our Lemonade Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.
Policy Violation - User Fines If Company incurs any damages because you violate our policies, break any laws, or otherwise cause Company to suffer any damages or incur any expenses then we may hold your funds up to 180 days, fine you for each such violation and take legal action against you to recover additional losses, investigation costs, fines, or legal fees we may incur. You acknowledge and agree that a fine of KES 250,000.00 for violations of our Agreement is presently a reasonable minimum estimate of Company’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Company that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Company may deduct such fines directly from any existing balance in the offending account, or any other Lemonade account you control.
Disputes with Company
Liability of Company for Failure to Complete Transfers If the Company does not complete a transfer to or from your account, or using your saved payment information, on time or in the correct amount according to this Agreement, Company will be liable for your losses or damages to the extent required by law. Company will not be liable:
Disclaimers of Warranty; Damages Exclusions
Unless otherwise prohibited by law, you assume all responsibility for your use of the Lemonade Services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful components. On behalf of Company, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Company makes the following disclaimers set forth in this section: the Lemonade Services are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company, any third party, or any of the Covered Third Parties. Neither Company, nor any third party, nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device. COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE Lemonade SERVICES, AND YOU AGREE TO HOLD COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network. None of Company, any third party (including, without limitation, the Bank or Shift), or the Covered Third Parties, or any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose. Company does not have any control over any products or services that are paid for with our services and Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so. Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.
Limitations on Liability
Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Company’s cumulative liability to you for any claims or damages arising out of or related to your use of the Lemonade Services shall not exceed the greater of the fee you paid to Company for the use of the Lemonade Services or KES 100.00. These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Company, any third party (including, without limitation, the Bank or Shift) or a Covered Third Party knew or should have known about the possibility of the damages. These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
License Grant
Certain of the Services require the use of software and software applications provided to you by Company (collectively “Software”). Company and its licensors grant you a limited, nonexclusive license to use Company’s Software in the United States that we provide to you solely in accordance with this Agreement and any user documentation we may provide, including all updates, upgrades, new versions and replacements of the Software (all of which become part of the “Software”) for your personal use only in accordance with this Agreement. If the Software will be downloaded to a mobile device, this license extends to your use of the Software on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer your rights in the Software to a third party. You must comply with the implementation and use requirements for the Software contained in this Agreement or in any Lemonade Services documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, Company or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Company’s software are owned by Company. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies of the Software.
Indemnification You agree to defend, indemnify and hold harmless Company and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Lemonade Services.
Assumption of Rights
If Company makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your payment, you agree that Company assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Company’s discretion.
Release of Company
If you have a dispute with one or more users relating to payment, Company is not responsible for any such dispute and you hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Modification of Terms
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days notice to you before the changes become effective. By using the Lemonade Services after a new Agreement has been posted, you agree to the revised Agreement.
Survival
In the event of termination of this Agreement or the Lemonade Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
Force Majeure
We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
Miscellaneous
This Agreement and other documents (including but not limited to the Privacy Policy) referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agreement by this reference, contain yours and our entire Agreement regarding your use of the Lemonade Services. If any provision of this Agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this Agreement. Any legal action arising out of your use of the Lemonade Services must be brought within one year after the cause of action has arisen. The section headings in this Agreement are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this Agreement. You may not transfer or assign any rights or obligations you have under this Agreement without Company’s prior written consent. Company reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.
Independent Contractors
Independent Contractors. The parties agree they are independent contractors to each other in performing their respective obligations hereunder. Nothing in this Agreement or in the working relationship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint venturers, or otherwise as joint associates for profit.
If you have questions or concerns regarding this Agreement or your Lemonade account, or any feedback that you would like us to consider, please email us [email protected] or [email protected] . You may also write to us at Lemonade Payments., Attn: Legal Department.
Disclaimers and Footnotes
Lemonade Payments is a fintech company, not an insured bank or microfinance company. Payment services are provided by officiall licensed banks, all regulated by the Central Bank of Kenya. All customers must share KYC details as required before opening and operating an account. This information contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential” and other similar terms.