Terms of Use

Effective date: 30 September 2026 · Entity: mBenki Solutions Zambia Ltd (“mBenki”, “we”, “us”, “our”)

Introduction

These Terms govern your use of the mBenki services: (a) the website at mbenki.com; (b) the public agent verification service at verify.mbenki.com; (c) the mBenki Pro app for Smart Agents; (d) the mBenki Go app for customers, when released; and (e) the mBenki Nexus portal for institutions, including CIMS (Customer Inquiry Management Solution) and Agency Ops Manager (together, the “Services”). By using any of them you agree to these Terms. If you act for an organisation, you confirm you are authorised to bind it.

Where mBenki and an institution or partner have signed a services agreement, order form or data processing agreement, that document prevails over these Terms where they conflict. Our Data Privacy Policy is part of these Terms.

1. Who these Terms apply to

Visitors to the website; customers who deal with a Smart Agent or use mBenki Go; Smart Agents, Smart Champions and Smart Coordinators using mBenki Pro; partner institutions and their staff using mBenki Nexus; and partners who commission field data.

2. Definitions

• Smart Agent: an independent individual, trained and certified by mBenki, who uses mBenki Pro to help customers find and apply for financial products.
• Partner institution: a lender, insurer, fintech or other organisation whose products are distributed through the network, or which subscribes to mBenki Nexus.
• Agency Partnership: the service by which mBenki’s agent network and the mBenki Go app generate qualified leads for a partner institution.
• CIMS: the Customer Inquiry Management Solution, which records customer inquiries in a standard format and turns them into business intelligence.
• Agency Ops Manager: the service that gives an institution activity, productivity and verification tools for its own agents, on the mBenki platform.
• Verification service: the public record at verify.mbenki.com showing a Smart Agent’s name, photo, code, status and rating.
• Field data collection: surveys, market checks, photographs and video collected by agents to a partner’s written brief.
• Content: text, images, video, data, code and other material within the Services.

3. Website content is information, not an offer

Descriptions of services, pricing models (including statements such as “you only pay when we succeed”), partner types and results on the website are summaries for general information. They are not an offer and do not form a contract. The terms on which mBenki works with an institution or partner are set out only in a signed agreement.

Services in development. We label each service with its current status. Services marked In Development or Prototype Ready are not yet generally available; their features, timing and pricing may change or they may not launch. SmartPowerLink is a prototype and descriptions of it are not an offer to supply.

No advice. Nothing on the website is financial, legal or professional advice. Decisions about a financial product are between you and the institution.

4. The verification service

• Entering an agent code or scanning a card shows whether that person is a current, registered mBenki Smart Agent, together with their status and customer rating. It is provided for information.
• A verified status means the agent has completed mBenki’s onboarding, training and KYC. It does not mean the agent is authorised to act for any particular institution on any particular product, and it is not a guarantee of any transaction or outcome.
• Always confirm product details and any payment with the institution directly. Never hand cash to an agent unless the institution’s own process requires it.
• You may not scrape, bulk-query or automate the verification service, or use it to build a database of agents.
• Where the service is provided under an institution’s brand (white label), the institution decides who is listed and mBenki operates the service on its behalf.

5. Customer ratings

After an interaction, a customer may rate the agent using a one-time PIN sent to the customer’s phone. One rating per interaction. Ratings must be your own honest view. Agents may not rate themselves or arrange ratings. mBenki may remove ratings that are abusive, defamatory, fraudulent or clearly unrelated to the interaction, and may suspend agents or customers who misuse the system.

6. Accounts and eligibility

The Services are for adults and businesses. Give accurate information when you register and keep your login confidential. You are responsible for activity under your account and must tell us promptly if you think it has been compromised.

7. Smart Agents

• Independent status. Smart Agents, Champions and Coordinators are independent contractors, not employees, workers or agents of mBenki or of any institution. You are responsible for your own tax and regulatory obligations.
• No guaranteed income. Commission is paid on outcomes, on the schedule shown in the app at the time of submission. Nothing on the website or in recruitment materials promises any level of earnings.
• Certification gates activity. You may not present products or submit leads until training and KYC are complete and your account is activated.
• Conduct. Use approved scripts and current materials; do not misrepresent any product, institution or yourself; obtain the customer’s consent before recording an inquiry; collect only what the product journey requires.
• Your public ID. By joining you consent to your name, photo, code, status and rating being published on the verification service for as long as you are an active agent.
• Your device. Lock it, keep the app updated, never store customer documents outside mBenki Pro, never share your login.
• Field data work. Follow the brief; do not film or photograph identifiable people without their agreement; respect private property and local rules.
• Suspension. mBenki may suspend or remove an agent for breach of these Terms, complaints, fraud or inactivity. On suspension, the public ID shows the change immediately.

8. Partner institutions (mBenki Nexus, CIMS, Agency Ops Manager)

• Users. You provision and revoke access for your staff and are responsible for what they do.
• Your data. You own your customer and agent data. mBenki processes it to provide the Services and may produce aggregated, de-identified insight.
• Your rules. You set the products, eligibility rules, approvals and, in Agency Ops Manager, who is listed and when an agent is suspended. mBenki acts on those instructions.
• Your brand. You license mBenki to show your name, logo and colours on agent IDs, verification pages and the apps for the term of the agreement. mBenki licenses you to refer to mBenki as your provider.
• Confidentiality. Each party protects the other’s confidential information, including product rules, pricing and performance reports.
• Multi-provider network. Smart Agents serve more than one institution. mBenki uses matching rules, disclosures and standard materials to manage conflicts, and institutions accept the non-exclusive nature of the network.
• Integrations. You are responsible for the security and lawfulness of data exchanged through integrations you set up.

9. Field data collection partners

• The scope, questions, sample, locations and deliverables are set in a written brief agreed before work starts.
• Datasets delivered under the brief belong to the partner. mBenki keeps a copy only as long as the brief or the law requires.
• The partner is responsible for using the data lawfully, including any publication. Where individuals are identifiable, the partner is the controller of that data once delivered.
• mBenki does not guarantee a particular sample size or response rate where these depend on respondents’ willingness or conditions in the field.

10. Fees

Institutions and partners pay as set out in their agreement: commission on qualified or funded leads for Agency Partnership, on the institution’s own commission structure; credits per interaction for CIMS; and a subscription for Agency Ops Manager; or such other basis as the agreement states. Fees exclude taxes. Invoices are due within the stated period; disputes must be raised within the period stated on the invoice. Nothing on the website fixes a price.

11. Acceptable use

• Obey the law and respect others’ intellectual property and privacy.
• Do not misrepresent who you are or what a product does; do not submit false or misleading data.
• Do not probe, scan or attack the Services, bypass access controls or introduce malware.
• Do not scrape, crawl or bulk-download any part of the Services, including the verification service, without written permission.
• Do not work around the standard engagement flows built in for compliance and fair treatment.

12. Intellectual property

The Services and their Content, including the mBenki name and logo, the apps, the platform and the graphics on this site, belong to mBenki or its licensors. You get a limited, revocable, non-exclusive right to use them for their intended purpose and nothing more. Institutions keep ownership of their own materials and trademarks and license them to mBenki for use within the Services.

13. Third-party services and links

The Services link to and work with tools run by others: Google Play, Facebook, WhatsApp, YouTube, our hosting and video providers, and institutions’ own systems. Their terms and privacy policies govern your use of them. mBenki is not responsible for their content or conduct. Some components are open source and governed by their own licences.

14. Privacy

How we handle personal data is set out in the Data Privacy Policy, which forms part of these Terms.

15. Security

mBenki maintains safeguards proportionate to the risk. You must keep passwords strong, use multi-factor authentication where offered, keep devices updated and report suspected incidents at once.

16. Availability and changes

We aim for high availability but do not promise uninterrupted service. We may update or maintain the Services, and may change or withdraw features, especially those marked In Development, Prototype Ready, beta or preview.

17. Suspension and termination

We may suspend access for security risk, non-payment, misuse or breach. Either party may end an agreement as it provides, or for a material breach not cured within a reasonable period. On termination each party returns or deletes the other’s confidential information and personal data as the law and the agreement require.

18. Disclaimers

The Services are provided “as is” and “as available”. To the extent the law allows, mBenki disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement. mBenki does not warrant that any institution will approve an application, that any agent will achieve any result, or that field data will support any particular conclusion.

19. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, even if advised they were possible. Nothing limits liability where the law does not permit it.

20. Indemnity

Smart Agents indemnify mBenki and partner institutions against loss arising from their intentional misconduct or breach of these Terms. Institutions indemnify mBenki against claims arising from their product content, underwriting rules, agent lists or decisions made on their instructions. Field data partners indemnify mBenki against claims arising from their use or publication of delivered data.

21. Compliance

You will comply with applicable law, including the Data Protection Act No. 3 of 2021, consumer protection rules and financial services regulation. You will not use the Services in breach of sanctions or export laws, and will not offer or accept bribes or improper advantages in connection with them.

22. App stores

Use of mBenki Pro or mBenki Go from an app store is also subject to the store’s terms. The store is not responsible for maintenance, support or claims relating to the apps.

23. Changes to these Terms

We post updates here with a new effective date, and tell agents and institutions directly when a change matters to them. Continued use after an update means you accept it. This version replaces the Terms dated 15 August 2025.

24. Governing law

These Terms are governed by the laws of the Republic of Zambia, and the courts of Zambia have exclusive jurisdiction.

25. Notices and contact

• Email: information@mbenki.com
• Telephone / WhatsApp: +260 773 158 012
• Legal name: mBenki Solutions Zambia Ltd
• PACRA registration no.: 120230053952
• Registered address: Plot No. 20436, Yotam Muleya Road, Libala South, Libala Mall, Lusaka, Zambia
• Directors: Pamfred Hasweeka (CEO), Chris Sinchende (COO), Javier Cerdas (CTO)

Notices to mBenki go to the address above with a copy by email. Notices to you go to your account email or administrative contact.