Terms of Service

Introduction

Welcome to Tuma Hela, owned and operated by Tessaract Holdings LLC, a limited liability company registered in Wyoming ("Tuma Hela," "Company," "we," "us," or "our"). Tuma Hela operates as a DBA (Doing Business As) of Tessaract Holdings LLC. We provide digital financial services including money remittance, mobile money transfers, cryptocurrency conversions, and related financial technology services.

These Terms of Service ("Terms") apply to:

• All visitors to our website at https://www.tumahela.com (the "Website")
• Anyone who downloads or uses our mobile application (the "App")
• Anyone who enrolls for our Services (the "Services")

Website visitors, App users, and Service clients are collectively referred to as "Users," "you," or "your."

Tuma Hela is not a traditional financial institution. We provide Services through licensed partners and regulated financial institutions where required by law.

1. Acceptance of Terms

These Terms constitute a legally binding contract between you and Tessaract Holdings LLC (DBA Tuma Hela). By using any part of our Services, you accept these Terms in their entirety. If you do not accept these Terms, you may not use our Services.

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

We reserve the right to modify these Terms at any time. When we make changes, we will notify you through the App, email, or by posting updated Terms on our Website. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

2. Effective Date

These Terms become effective when you:

• Accept these Terms or our Privacy Policy
• Create an account or begin using our Services
• Access our Website or download our App

Whichever occurs first.

3. Services Description

Tuma Hela provides the following Services:

3.1 DIGITAL MONEY REMITTANCE

• Cross-border money transfers to multiple countries
• Real-time and scheduled transfers
• Competitive exchange rates and transparent fees

3.2 MOBILE MONEY INTEGRATION

• M-Pesa transfers and payments (Kenya, Tanzania, etc.)
• MTN Mobile Money transactions (Uganda, Rwanda, Ghana)
• Vodacom mobile money services (DRC, Mozambique, Lesotho)
• Mobile wallet top-ups and cash-out services

3.3 CRYPTOCURRENCY SERVICES

• Cryptocurrency to fiat currency conversions
• Crypto wallet integration and management
• Digital asset transfers to mobile money accounts
• Blockchain-based cross-border payments

3.4 BANKING SERVICES

• Bank account deposits and withdrawals
• Direct bank transfers via local payment systems
• Account-to-account transfers

3.5 PAYMENT SERVICES

• Merchant payments and e-commerce transactions
• Bill payments for utilities and services
• Airtime and data bundle purchases
• Paybill and Till number payments

3.6 ADDITIONAL SERVICES

• Multi-currency wallet management
• Transaction history and reporting
• Customer support and assistance

4. Prohibited Activities

You agree not to:

• Provide false, misleading, or inaccurate information during registration or use
• Share your login credentials or account access with others
• Use automated systems, bots, or scripts to access our Services
• Attempt to disrupt, interfere with, or compromise our systems or networks
• Copy, reproduce, modify, or create derivative works of our Services
• Use our Services for illegal activities, money laundering, or terrorist financing
• Engage in fraudulent transactions or identity theft
• Violate any applicable laws, regulations, or third-party rights
• Use our Services for commercial purposes without authorization
• Attempt to reverse engineer or extract source code from our software

Violation of these prohibitions may result in account suspension, termination, and legal action. You are solely responsible for any consequences arising from prohibited activities.

5. Definitions

• "Beneficiary" means the person or entity receiving funds through our Services
• "Sender" means the person initiating a transaction through our Services
• "Transaction" means any transfer of funds, cryptocurrency conversion, or payment processed through our Services
• "Digital Wallet" means your Tuma Hela account used to store and manage funds
• "Cryptocurrency" means digital assets including Bitcoin, Ethereum, and other supported cryptocurrencies
• "Mobile Money" means mobile-based financial services including M-Pesa, MTN Mobile Money, and similar platforms
• "Exchange Rate" means the rate at which one currency is converted to another
• "KYC" means Know Your Customer verification procedures
• "AML" means Anti-Money Laundering compliance measures

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection 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:

• Collection and processing of your personal information as described in our Privacy Policy
• Sharing of information with our service providers and partners as necessary to provide Services
• International transfer of data to countries where we operate
• Use of your information for compliance with legal and regulatory requirements

You authorize your mobile carrier and financial institutions to share information with us as necessary to verify your identity and prevent fraud.

7. Account Requirements and Security

7.1 ACCOUNT REGISTRATION

To use our Services, you must:

• Provide accurate and complete personal information
• Submit required identification documents
• Complete our KYC verification process
• Agree to these Terms and our Privacy Policy
• Maintain updated contact information

7.2 ACCOUNT SECURITY

You are responsible for:

• Maintaining the confidentiality of your login credentials
• Using strong passwords and enabling two-factor authentication
• Notifying us immediately of any unauthorized account access
• Keeping your contact information current
• Protecting your device from unauthorized access

7.3 ACCOUNT RESTRICTIONS

We may limit, suspend, or terminate your account if:

• You violate these Terms or our policies
• We suspect fraudulent or illegal activity
• Required by law or regulatory authorities
• Your account poses security risks
• You provide false or misleading information

8. Transaction Processing

8.1 TRANSACTION AUTHORIZATION

When you initiate a transaction:

• You authorize us to process the payment using your selected payment method
• The transaction becomes binding once you confirm the details
• We will provide you with a transaction receipt and reference number
• You cannot cancel the transaction after authorization (subject to limited exceptions)

8.2 TRANSACTION LIMITS

We may impose limits on:

• Transaction amounts (daily, monthly, or per transaction)
• Number of transactions per period
• Total account balance
• Specific countries or recipients

Limits may vary based on your verification level, transaction history, and regulatory requirements.

8.3 TRANSACTION CANCELLATION

You may cancel a transaction within 30 minutes of authorization by contacting customer support, provided:

• The funds have not been disbursed to the beneficiary
• The transaction has not been processed by our partners
• You provide valid reasons for cancellation

Cancellation fees may apply as disclosed in our fee schedule.

8.4 FAILED TRANSACTIONS

If a transaction fails due to:

• Insufficient funds in your account
• Invalid beneficiary information
• Technical issues or system maintenance
• Regulatory restrictions

We will notify you and, where applicable, refund the transaction amount minus any applicable fees.

9. Fees and Exchange Rates

9.1 TRANSACTION FEES

We charge fees for our Services as disclosed in our fee schedule, which may include:

• Transfer fees based on amount and destination
• Currency conversion fees
• Cryptocurrency conversion fees
• Express delivery fees
• Payment method fees

9.2 EXCHANGE RATES

• Exchange rates are determined at the time of transaction authorization
• Rates may fluctuate based on market conditions
• We display applicable rates before you confirm transactions
• Cryptocurrency conversion rates are based on real-time market prices

9.3 FEE DISCLOSURE

• All fees are disclosed before you confirm transactions
• Fee schedules are available on our Website and App
• We reserve the right to modify fees with advance notice

9.4 PROMOTIONS AND DISCOUNTS

• Promotional fee waivers or discounts may be offered periodically
• Promotions are subject to specific terms and conditions
• We may withdraw or modify promotions at any time

10. Identity Verification (KYC/AML)

10.1 VERIFICATION REQUIREMENTS

We are required by law to verify your identity. You must provide:

• Government-issued photo identification
• Proof of address (utility bill, bank statement, etc.)
• Source of funds documentation (for large transactions)
• Selfie or biometric verification

10.2 VERIFICATION PROCESS

• Initial verification is required before conducting transactions
• Enhanced verification may be required for higher transaction limits
• Verification typically takes 1-3 business days
• We may request additional documentation at any time

10.3 VERIFICATION FAILURE

If verification fails:

• We will notify you of the reasons
• You may resubmit required documentation
• Your account may be suspended until verification is complete
• We reserve the right to refuse service if verification cannot be completed

10.4 ONGOING MONITORING

• We continuously monitor transactions for suspicious activity
• You may be required to provide additional information for specific transactions
• We may report suspicious activities to relevant authorities

11. Mobile Money Services

11.1 SUPPORTED PLATFORMS

We integrate with various mobile money platforms including:

• M-Pesa (Kenya, Tanzania, etc.)
• MTN Mobile Money (Uganda, Rwanda, Ghana, etc.)
• Vodacom M-Pesa (DRC, Mozambique, Lesotho)
• Other regional mobile money services

11.2 MOBILE MONEY TERMS

• You must have a registered mobile money account to receive funds
• Mobile money operators may charge their own fees
• Mobile money accounts must be in the beneficiary's name
• We are not responsible for mobile money operator service failures

11.3 TRANSACTION PROCESSING

• Mobile money transfers are typically instant but may take up to 24 hours
• Beneficiaries will receive SMS confirmation from their mobile money provider
• You are responsible for providing accurate mobile money account details

11.4 LIMITATIONS

• Mobile money operators may impose their own transaction limits
• Some countries or regions may have restricted access
• Service availability depends on mobile money operator networks

12. Cryptocurrency Services

12.1 CRYPTOCURRENCY CONVERSIONS

We offer cryptocurrency to fiat currency conversion services, including:

• Bitcoin (BTC) conversions
• Ethereum (ETH) conversions
• Other supported cryptocurrencies as announced

12.2 CRYPTOCURRENCY RISKS

12.3 CRYPTOCURRENCY TERMS

• Conversion rates are locked at the time of transaction authorization
• Network fees (gas fees) may apply and are disclosed before confirmation
• Minimum and maximum conversion amounts may apply
• You must provide a valid cryptocurrency wallet address

12.4 REGULATORY COMPLIANCE

• Cryptocurrency services may not be available in all jurisdictions
• Enhanced verification may be required for cryptocurrency transactions
• We comply with applicable cryptocurrency regulations
• Services may be modified or discontinued based on regulatory changes

13. Refunds and Reversals

13.1 REFUND POLICY

Refunds may be issued in the following circumstances:

• Transaction failure due to our technical error
• Duplicate transactions processed in error
• Incorrect amount charged due to system error
• Service not delivered as promised

13.2 REFUND PROCESS

• Contact customer support with transaction details
• Provide relevant documentation and evidence
• Refunds are processed within 5-10 business days
• Refunds are issued to your original payment method

13.3 NON-REFUNDABLE SITUATIONS

Refunds are not available for:

• Successfully completed transactions
• User error in providing beneficiary details
• Cryptocurrency price fluctuations
• Third-party service provider failures
• Transactions completed as requested

13.4 DISPUTE RESOLUTION

If you dispute a transaction:

• Contact us within 30 days of the transaction
• Provide detailed explanation and supporting evidence
• We will investigate and respond within 15 business days
• Consider alternative dispute resolution

14. Complaints and Grievances

14.1 COMPLAINT PROCESS

To file a complaint:

• Contact customer support via email, phone, or in-app chat
• Provide transaction reference numbers and details
• Explain the nature of your complaint
• Allow 5-10 business days for initial response

14.2 ESCALATION PROCEDURE

If your complaint is not resolved to your satisfaction:

• Request escalation to our complaints department
• Provide additional documentation if requested
• Receive formal written response within 30 days
• Consider alternative dispute resolution

14.3 REGULATORY COMPLAINTS

If unresolved, you may contact:

• Consumer Financial Protection Bureau
• Your local financial services regulator
• Money services business regulators in your jurisdiction

15. Intellectual Property

15.1 TUMA HELA PROPERTY

All content, software, trademarks, logos, and intellectual property related to our Services are owned by Tuma Hela or our licensors. You may not:

• Copy, modify, or distribute our intellectual property
• Use our trademarks or logos without permission
• Reverse engineer our software or systems
• Create derivative works based on our Services

15.2 LIMITED LICENSE

We grant you a limited, non-exclusive, non-transferable license to use our Services for personal, non-commercial purposes in accordance with these Terms.

15.3 USER CONTENT

Any content you provide through our Services remains your property, but you grant us a license to use it as necessary to provide our Services.

16. Disclaimers and Warranties

16.1 SERVICE DISCLAIMERS

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• UNINTERRUPTED OR ERROR-FREE SERVICE
• ACCURACY OF EXCHANGE RATES OR MARKET DATA
• COMPATIBILITY WITH ALL DEVICES OR SYSTEMS

16.2 THIRD-PARTY SERVICES

We are not responsible for:

• Third-party service provider failures
• Mobile money operator system issues
• Cryptocurrency network problems
• Banking partner service interruptions
• Internet connectivity problems

16.3 REGULATORY COMPLIANCE

While we strive to comply with applicable regulations, we make no warranties regarding:

• Regulatory approval in all jurisdictions
• Continued availability of Services
• Compliance with future regulatory changes

17. Limitation of Liability

17.1 LIABILITY LIMITS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES IS LIMITED TO THE LESSER OF:

• THE AMOUNT OF THE SPECIFIC TRANSACTION IN QUESTION
• $500 USD
• THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM

17.2 EXCLUDED DAMAGES

WE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
• LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• CRYPTOCURRENCY PRICE FLUCTUATIONS
• THIRD-PARTY SERVICE FAILURES
• REGULATORY CHANGES AFFECTING SERVICES

17.3 FORCE MAJEURE

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, government actions, network failures, or other force majeure events.

18. Indemnification

You agree to indemnify and hold harmless Tuma Hela, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of our Services
• Violation of these Terms
• Infringement of third-party rights
• Fraudulent or illegal activities
• Inaccurate information provided by you

19. Dispute Resolution

19.1 GOVERNING LAW

These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.

19.2 DISPUTE RESOLUTION PROCESS

For any disputes arising from these Terms or our Services:

• First, contact our customer support team
• If unresolved, escalate to our complaints department
• Consider mediation through a mutually agreed mediator
• Pursue arbitration as outlined below

19.3 ARBITRATION

Any unresolved disputes shall be settled through binding arbitration administered by [Arbitration Organization] under their commercial arbitration rules. The arbitration shall be conducted in [Location] and governed by [Jurisdiction] law.

19.4 CLASS ACTION WAIVER

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or collective proceedings.

20. Regulatory Compliance

20.1 ANTI-MONEY LAUNDERING

We maintain comprehensive AML policies and procedures, including:

• Customer identification and verification
• Transaction monitoring and reporting
• Suspicious activity reporting
• Sanctions screening

20.2 KNOW YOUR CUSTOMER

We are required to verify customer identities and may request:

• Government-issued identification documents
• Proof of address and income
• Source of funds documentation
• Additional verification as required

20.3 REGULATORY REPORTING

We may be required to report certain transactions to regulatory authorities and cooperate with law enforcement investigations.

21. Marketing and Promotions

21.1 PROMOTIONAL OFFERS

We may offer promotional bonuses, discounts, or rewards subject to specific terms and conditions. All promotional offers:

• Have limited validity periods (typically 30 days)
• Must be used for their intended purpose
• Are subject to verification requirements
• May be withdrawn without notice

21.2 REFERRAL PROGRAMS

Our referral programs allow you to earn rewards for referring new users, subject to:

• Successful completion of referee verification
• Minimum transaction requirements
• Compliance with program terms
• Anti-fraud measures

22. Miscellaneous Provisions

22.1 ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any additional terms for specific Services, constitute the entire agreement between you and Tuma Hela.

22.2 SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

22.3 WAIVER

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

22.4 ASSIGNMENT

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

22.5 NOTICES

We may provide notices to you through:

• In-app notifications
• Email to your registered address
• SMS to your registered phone number
• Postal mail to your registered address

23. Fraud Prevention

24. Regulatory Contacts

If you have unresolved complaints about our Services, you may contact:

• Consumer Financial Protection Bureau: https://www.consumerfinance.gov/
• Your local financial services regulator
• Relevant money services business regulators in your jurisdiction

Contact information for specific regulators is available on our website and transaction receipts.