Terms & Conditions of Use

1. Platform Use and Access

The Altum Capital Loan Management Platform (the "Platform") is a proprietary digital tool operated by Allan Ragi Mbuthia trading as Altum Capital, P.O. Box 58-20115 Egerton, Kenya. The Platform is not a licensed financial institution under the Banking Act (Cap. 488) or Microfinance Act (Cap. 493D) and is intended for use as an internal loan tracking and management tool.

Access to the Platform is granted exclusively to:

• Administrators — authorised personnel of Altum Capital with full management access
• Agents — individuals expressly authorised by the Operator to register clients and manage loans on behalf of Altum Capital

Agents are assigned unique login credentials and are responsible for maintaining the confidentiality of those credentials. Sharing credentials with any third party is strictly prohibited and constitutes a breach of these Terms.

2. Agent Conduct and Responsibilities

By accessing the Platform as an agent, you agree to the following:

• You will accurately and truthfully record all client and loan information
• You will obtain informed consent from every borrower before registering their personal data
• You will disclose all material loan terms to borrowers before submitting a loan application
• You will upload genuine, unaltered identity and contract documents
• You will record all repayments accurately and promptly
• You will not create fictitious clients or loans
• You will not access, view, or use data belonging to other agents' clients
• You will report any suspected fraud, data breach, or system misuse to the administrator immediately

Agents who breach these Terms may have their access suspended or terminated and may face civil and/or criminal liability for losses caused to Altum Capital, clients, or third parties.

3. Loan Terms and Conditions

All loans issued through the Platform are subject to the following standard terms, which are incorporated by reference into each individual Loan Agreement:

• Interest Rate: A fixed rate of 25% of the principal amount, charged once per loan at the time of issuance (flat rate, not compound interest).
• Repayment Model: Loans are repaid in equal daily instalments over the agreed loan term.
• Registration Fee: A flat fee of KES 100 per loan is charged at the time of loan registration. This fee is non-refundable once a loan application is submitted.
• Late Payment Penalty: A penalty of KES 50 per missed payment day is charged automatically for each day on which the required daily instalment is not received.
• Loan Amounts: Available loan amounts are as set out in the Official Loan Schedule in Section 4 below. Amounts outside this schedule are not available through the Platform.
• Early Repayment: Borrowers may repay the outstanding balance in full at any time. Early repayment does not attract any additional charges beyond the agreed interest (which is calculated on the principal, not on time).
• Default: A loan may be classified as "defaulted" if the borrower ceases payments without agreed arrangement. The Operator reserves the right to pursue outstanding balances through lawful debt recovery means.

4. Official Loan Repayment Schedule

The following is the official Altum Capital loan schedule. These figures are binding for all loans created through the Platform. Agents must use these exact figures when explaining terms to borrowers.

The registration fee of KES 100 is payable in addition to the daily instalments above. The penalty for missed days is KES 50 per day, also charged in addition to the instalment due.

5. Registration Fee

A mandatory, non-refundable registration fee of KES 100 (one hundred Kenya Shillings) is charged per loan application at the time the loan is registered on the Platform. This fee:

• Is a flat fee applicable uniformly to all loan amounts
• Is charged once per loan, not per renewal or per repayment
• Is charged in addition to the principal and interest
• Is non-refundable once the loan application has been submitted, regardless of whether it is subsequently approved or rejected
• Must be disclosed to the borrower before submission of the loan application

Agents must not charge any fee to borrowers other than the KES 100 registration fee disclosed herein. Any additional charges collected by an agent outside the Platform constitute a personal transaction between that agent and the borrower and carry no authorisation from Altum Capital.

6. Late Payment Penalty

Where a borrower fails to make the required daily instalment on any given day, a late payment penalty of KES 50 (fifty Kenya Shillings) per missed day is applied automatically by the Platform. This penalty:

• Accrues daily for each day on which the required instalment is not recorded
• Is in addition to the instalment due for that day
• Continues to accrue until the missed payment(s) and any accumulated penalties are settled
• Is calculated and displayed transparently in the agent's loan detail view

Borrowers must be informed of the penalty structure before signing the loan agreement. The Operator reserves discretion to waive penalties in exceptional circumstances upon written request, reviewed on a case-by-case basis.

7. Data Protection Obligations

Use of this Platform entails the processing of personal data and is subject to the Kenya Data Protection Act 2019. All users of the Platform are required to:

• Read and comply with the Privacy Policy in its entirety
• Obtain explicit, informed consent from every borrower before collecting their personal data
• Process personal data only for the purposes of loan management as described in the Privacy Policy
• Not share, export, or transmit client data outside the Platform except as expressly permitted
• Report suspected breaches immediately as set out in the Privacy Policy

Violations of these obligations may constitute a criminal offence under Section 72 of the DPA 2019 and may result in personal liability for the agent concerned, independent of any liability of the Operator.

8. Prohibited Use

The following actions are strictly prohibited and may result in immediate account suspension, termination, and/or legal action:

• Accessing the Platform without authorisation or attempting to circumvent access controls
• Registering fictitious clients or submitting false loan applications
• Recording false payment data or manipulating repayment records
• Accessing, downloading, or sharing data belonging to other agents' clients
• Reverse-engineering, scraping, or attempting to extract data from the Platform in bulk
• Using the Platform for any purpose other than legitimate loan management on behalf of Altum Capital
• Sharing login credentials with any person not authorised by the Administrator
• Using client personal data for any personal, commercial, or other purpose outside the Platform

9. Limitation of Liability

The Operator provides this Platform on an "as is" and "as available" basis. To the maximum extent permitted by the laws of Kenya:

• The Operator does not warrant that the Platform will be error-free, uninterrupted, or free from security vulnerabilities, although reasonable steps are taken to ensure reliability and security.
• The Operator is not liable for any loss or damage arising from an agent's failure to follow these Terms, the Privacy Policy, or the instructions of the Administrator.
• The Operator is not liable for any data breach, loss, or harm caused by an agent's own unauthorised or unlawful actions, including actions taken outside the scope of the agent's authority.
• The Operator is not liable for technical failures caused by third-party infrastructure providers, internet outages, or circumstances beyond its reasonable control.

Nothing in these Terms shall limit or exclude liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot lawfully be excluded under Kenyan law.

10. Suspension and Termination

The Operator reserves the right to suspend or permanently terminate an agent's access to the Platform at any time, with or without notice, if the agent:

• Breaches any provision of these Terms
• Acts in a manner that is detrimental to the interests of Altum Capital, its clients, or third parties
• Is found to have misappropriated funds or falsified records
• Fails to meet performance or compliance standards set by the Operator

On termination, the agent's access credentials are deactivated. Data collected by the agent during the period of authorised access remains the property of Altum Capital and continues to be held in accordance with the Privacy Policy and applicable retention schedules.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

Before resorting to formal legal proceedings, parties are encouraged to seek resolution through good-faith negotiation or, if appropriate, through mediation.

12. Contact

For questions about these Terms, please contact: