Terms of Service

Effective Date: December 6, 2025

These Terms of Service ("Terms") govern your access to and use of the TumaBoda platform and services provided by TumaBoda Limited, a company registered in Kenya with registered office at P.O. Box 78924, Mobil Plaza - 00620, Nairobi, Kenya ("TumaBoda", "we", "us", or "our").

By creating an account, accessing, or using the TumaBoda platform (including our mobile applications and website), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our services.

1. The TumaBoda Platform

TumaBoda provides a technology platform that connects individuals and businesses ("Senders") who need delivery services with independent delivery providers ("Riders"). TumaBoda is a technology service provider and marketplace, not a transportation or courier company.

We do not provide delivery services directly. Riders are independent contractors who use the TumaBoda platform to connect with delivery opportunities. The delivery service is performed by the Rider, and the contractual relationship for the delivery is between the Sender and the Rider.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years old to use TumaBoda services. By using our platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

2.2 Account Creation

To use TumaBoda services, you must create an account by providing accurate, current, and complete information, including:

• Full legal name
• Valid phone number
• Valid email address
• Payment information (for Senders)
• Additional documentation as required (for Riders)

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.

2.4 Business Accounts

If you register on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

3. Prohibited Items

You may NOT use TumaBoda to send the following items. This list is not exhaustive, and we reserve the right to refuse any item at our discretion:

3.1 People and Living Things

• People or human remains
• Livestock or live animals (unless with prior written approval)
• Regulated species or animal parts
• Blood, bodily fluids, or biological samples

3.2 Illegal Items

• Any items prohibited by Kenyan law
• Recreational drugs, cannabis, or drug paraphernalia
• Stolen goods or counterfeit items
• Items that infringe on intellectual property rights

3.3 Dangerous or Hazardous Materials

• Explosives, fireworks, or incendiary devices
• Firearms, weapons, ammunition, or weapon parts
• Flammable liquids, gases, or solids
• Poisonous, toxic, or corrosive substances
• Radioactive materials
• Compressed gases

3.4 Regulated Items

• Pharmaceutical products, prescription drugs, or controlled substances
• Over-the-counter medications, vitamins, or supplements
• Alcohol or tobacco products
• Money, cash, gift cards, or transferable securities
• Lottery tickets or gambling materials

3.5 Perishable and Fragile Items

• Highly perishable food (raw meat, dairy, frozen items requiring temperature control)
• Fragile items without proper protective packaging
• Glass items not adequately packaged

3.6 Inappropriate Materials

• Obscene, pornographic, or sexually explicit material
• Items reasonably likely to be perceived as threatening or harassing

3.7 Items Requiring Special Permission

• Items for which you do not have permission to send
• Items requiring special licenses or permits without proper documentation

Violation of this policy may result in immediate account termination, forfeiture of any outstanding payments, and potential legal action. We reserve the right to inspect packages and refuse delivery of any prohibited items.

4. User Responsibilities

4.1 Sender Responsibilities

As a Sender, you agree to:

• Provide accurate pickup and delivery addresses with complete contact information
• Ensure all items comply with the prohibited items list and Kenyan law
• Package items securely to prevent damage during transport
• Accurately describe and declare the value of items being sent
• Be available or designate someone to hand over/receive deliveries
• Make timely payments for services rendered
• Treat Riders with respect and professionalism
• Not use the platform for fraudulent or illegal purposes

4.2 Rider Responsibilities

As a Rider, you agree to:

• Maintain valid identification and required documentation (National ID, Good Conduct Certificate)
• Keep your vehicle in safe, roadworthy condition with valid insurance
• Comply with all traffic laws and regulations in Kenya
• Handle deliveries professionally, safely, and in a timely manner
• Verify package contents do not violate prohibited items policies
• Maintain the confidentiality of Sender and recipient information
• Update your availability and location accurately on the platform
• Treat Senders and recipients with respect and professionalism
• Complete verification fee payment (KES 1,000 for motorcycle, KES 500 for bicycle)

5. Pricing, Fees, and Payment

5.1 Delivery Fees

Delivery fees are calculated using our transparent pricing formula based on distance, fuel costs, vehicle type, and time of day. Fees are displayed upfront before you confirm a delivery request.

5.2 Payment Methods

We accept payment via M-PESA, Airtel Money, Visa, and Mastercard. All payments must be made through authorized payment channels within the TumaBoda platform.

5.3 Platform Commission

TumaBoda charges a platform commission of 18% for motorcycle deliveries and 12% for bicycle deliveries. Riders retain 82% and 88% of delivery fees respectively. Commission rates are subject to change with 30 days notice.

5.4 Rider Payments

Riders receive their earnings weekly via M-PESA to their registered phone number. Minimum payout threshold is KES 500.

5.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the platform as required by Kenyan law.

6. Liability and Insurance

6.1 Platform Limitation

TumaBoda acts solely as a technology platform connecting Senders and Riders. We are not responsible for the actual delivery service, which is performed by independent Riders. We do not employ or control Riders.

6.2 Insurance Coverage

While we facilitate insurance coverage for eligible deliveries through third-party providers, insurance is subject to terms, conditions, and exclusions. Coverage limits apply based on declared item value (maximum KES 50,000 per delivery unless otherwise arranged).

6.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, TUMABODA IS NOT LIABLE FOR:

• Loss, damage, or delay of items not properly declared or packaged
• Prohibited items or items sent in violation of these Terms
• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Delays caused by traffic, weather, accidents, or force majeure events
• Acts or omissions of Riders, including theft, damage, or negligence
• Technical failures, downtime, or platform unavailability
• Items with undeclared or undervalued contents

6.4 Maximum Liability

Our total aggregate liability for any claims arising from or related to these Terms or use of our services shall not exceed the fees paid by you for the specific delivery in question, or KES 10,000, whichever is less.

7. Claims and Dispute Resolution

7.1 Filing Claims

To file a claim for loss or damage:

• Report incidents within 24 hours of delivery completion or scheduled delivery time
• Provide detailed description of the issue with supporting evidence (photos, receipts)
• Submit claims through the TumaBoda app or by emailing support@tumaboda.com
• Cooperate with our investigation process

Claims are reviewed and processed within 7-10 business days. Approved claims are paid via M-PESA.

7.2 Dispute Resolution Process

If you have a dispute with TumaBoda or another user:

• First, contact our customer support team at +254 714 713 238 or support@tumaboda.com
• We will attempt to resolve the matter through good faith negotiations
• If unresolved after 30 days, disputes may be escalated to mediation
• Any legal proceedings shall be conducted in Nairobi, Kenya under Kenyan law

7.3 Release of Claims Against Riders

You acknowledge that TumaBoda does not employ Riders and is not responsible for their conduct. You release TumaBoda from any claims arising from Rider actions, though you may pursue claims directly against the Rider.

8. Account Suspension and Termination

8.1 Grounds for Suspension or Termination

We reserve the right to suspend or terminate your account immediately, without notice or liability, for:

• Violation of these Terms of Service or our Privacy Policy
• Attempting to send prohibited items
• Fraudulent activity, including payment fraud or identity theft
• Abusive, threatening, or harassing behavior toward Riders or staff
• Multiple failed payments or chargebacks
• Providing false or misleading information
• Any illegal activity or activity that harms TumaBoda or other users
• Violation of Kenyan laws or regulations

8.2 Effect of Termination

Upon termination, your right to access and use the platform immediately ceases. Outstanding payments remain due. We may retain certain information as required by law or for legitimate business purposes.

8.3 Voluntary Termination

You may terminate your account at any time by contacting support@tumaboda.com. Termination does not relieve you of obligations for completed deliveries.

9. Intellectual Property

The TumaBoda platform, including all content, features, functionality, trademarks, logos, and software, is owned by TumaBoda Limited and protected by Kenyan and international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our services without our express written permission.

10. Privacy and Data Protection

Your use of TumaBoda is also governed by our Privacy Policy, which complies with the Kenya Data Protection Act, 2019. By using our services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

11. Indemnification

You agree to indemnify, defend, and hold harmless TumaBoda Limited, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your sending of prohibited items
• Your infringement of any third-party rights
• Your use of the TumaBoda platform

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email, in-app notification, or by posting the updated Terms on our website with a new effective date.

Your continued use of TumaBoda services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using our services and may terminate your account.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of Nairobi, Kenya.

14. Severability

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

15. Contact Information

For questions, concerns, or complaints regarding these Terms of Service, please contact us at: