Legal Document

Employee Terms and Conditions of Service

Effective: 1st September, 2025
Version 2.0

These Terms constitute the entire agreement between you and Earn Mwachangu Ltd regarding your use of our early wage access and digital financial services. Please read these terms carefully before using our platform.

1

Interpretation and Definitions

In these Terms and Conditions, unless the context otherwise requires, the following definitions shall apply:

  • Accountmeans the user account created by the Employee to access the Service
  • Accrual Periodmeans the number of days over which your available Advance balance accrues on a daily basis, as determined by your Employer's payroll cycle (typically ranging from 20 to 30 days)
  • Advance or Employee Advancemeans early access to a portion of wages already earned by the Employee, facilitated through the Service
  • Advance Limitmeans the maximum percentage of earned wages available for early access, being fifty percent (50%) of net salary (after statutory deductions) as calculated at the beginning of each pay cycle
  • Applicationmeans the Earn Mwachangu mobile application available on iOS and Android platforms
  • Available Balancemeans the total amount accessible for withdrawal through the Service, calculated monthly and displayed on your Account dashboard
  • Bill Payment Servicesmeans the facility to pay for utilities, subscriptions, and services including television, water, electricity, internet, and other bills through the Service
  • Business Daymeans any day other than a Saturday, Sunday, or public holiday in Malawi
  • Company or we or us or ourmeans Earn Mwachangu Ltd, a company duly incorporated under the laws of Malawi
  • Confidential Informationincludes all non-public information relating to the Service, our business operations, technology, trade secrets, and proprietary methodologies
  • Daily Accrualmeans the daily crediting of funds to your accessible balance, calculated by dividing your Available Balance by the Accrual Period, with funds becoming accessible each day at 5:00 PM
  • Employermeans the participating employer who has entered into a separate agreement with the Company to make the Service available to its employees
  • Employment Datameans all information relating to the Employee's employment status, compensation, attendance, tenure, and payroll records
  • Force Majeure Eventmeans any event beyond our reasonable control including but not limited to acts of God, war, terrorism, civil unrest, government action, strikes, telecommunications failures, cyber-attacks, or banking system failures
  • Insolvency Eventmeans bankruptcy, liquidation, receivership, administration, or any analogous proceedings affecting the Employee or Employer
  • Long-Term Loanmeans a loan facility with a repayment period exceeding one (1) pay cycle, which may extend over multiple months, and is subject to monthly interest charges
  • Outright Withdrawalmeans the withdrawal of your entire Available Balance at any time, regardless of how much has accrued via Daily Accrual, subject to the Outright Withdrawal Fee
  • Outright Withdrawal Feemeans the fee charged for withdrawing your entire Available Balance before the full Accrual Period has elapsed, calculated as four point five percent (4.5%) of the withdrawal amount
  • Payroll Deduction Authorizationmeans the irrevocable authorization granted by the Employee to the Employer to deduct outstanding amounts from the Employee's salary
  • Processing Feemeans the service fee charged for each Advance transaction, disclosed prior to confirmation
  • Scheduled Repayment Datemeans the Employee's next regular payday following an Advance
  • Servicemeans collectively the Application, the Site, and all related services provided by the Company including early wage access, Long-Term Loans, Bill Payment Services, airtime and data purchases, and funds transfer services
  • Service Feeincludes Subscription Fees, Withdrawal Fees, Outright Withdrawal Fees, Processing Fees, interest charges, and any other charges levied for use of the Service
  • Sitemeans earnmwachangu.com and any subdomains thereof
  • Subscription Feemeans the monthly fee charged for access to the early wage access service, calculated as three percent (3%) of your Available Balance
  • Termsmeans these Terms and Conditions as amended from time to time
  • User or Employee or youmeans any individual who registers for and uses the Service
  • Withdrawal Feemeans the fee charged for disbursement of funds to your designated bank account or mobile money wallet, as disclosed in the transaction summary

References to statutory provisions include those provisions as amended, re-enacted, or replaced from time to time.

Headings are for convenience only and do not affect interpretation.

Words importing the singular include the plural and vice versa; words importing any gender include all genders.

2

Nature of Service and Legal Framework

Service Description

The Company operates a comprehensive digital financial services platform that provides the following services to eligible Employees:

(a) Early Wage Access

Access to up to fifty percent (50%) of your net salary (after statutory deductions such as PAYEE, etc.) through two distinct withdrawal methods:

Method 1: Daily Accrual Withdrawal

  • Your Available Balance is calculated on the 1st of each month based on 50% of your net salary, less the 3% Subscription Fee
  • This balance is divided by your Accrual Period (determined by your Employer's payroll cycle)
  • Funds accrue daily to your accessible balance at 5:00 PM each day
  • You may withdraw any portion of your accrued balance at any time, subject only to standard Withdrawal Fees
  • Example calculation flow: If your Available Balance is K363,750 and your Accrual Period is 20 days, you will accrue K18,187.50 daily. By day 10, you will have K181,875 available for withdrawal.

Method 2: Outright Withdrawal

  • You may withdraw your entire Available Balance at any time during the month, even on day 1 before any daily accrual occurs
  • Outright Withdrawals are subject to a four-point five percent (4.5%) Outright Withdrawal Fee in addition to standard Withdrawal Fees
  • This option provides immediate access to your full Available Balance without waiting for daily accrual
  • Once an Outright Withdrawal is made, your Available Balance for that pay cycle is depleted

Fees applicable to Early Wage Access:

  • Subscription Fee:Three percent (3%) of your Available Balance, deducted automatically at the beginning of each month
  • Withdrawal Fee:Charged per transaction for disbursing funds to your bank account or mobile money wallet; amount varies and is disclosed before confirmation
  • Outright Withdrawal Fee:Four-point five percent (4.5%) of the withdrawal amount, applicable only when using the Outright Withdrawal method

All withdrawals (whether from accrued balances or Outright Withdrawals) plus applicable fees are automatically deducted from your salary on your next payday via Payroll Integration.

(b) Long-Term Loans

Loan facilities with repayment periods exceeding one pay cycle, which may extend over multiple months. Long-Term Loans are subject to:

  • Credit assessment and approval at the Company's sole discretion
  • Monthly interest charges of four-point five percent (4.5%) calculated on the outstanding principal balance
  • Repayment via automatic payroll deduction over the agreed loan term
  • Immediate acceleration upon employment termination

(c) Bill Payment Services

Convenient payment facilities enabling you to pay for:

  • Television subscriptions (DSTV, StarTimes, etc.)
  • Water utility bills
  • Electricity bills (prepaid and postpaid)
  • Internet and telecommunications services
  • Any other bills accepted by the Service

Important Notice

Bill Payment Services are currently processed free of charge with no service fees or commissions applied by the Company. However, third-party service providers may charge their own fees, which will be clearly disclosed before transaction confirmation.

(d) Airtime and Data Purchases

Purchase of mobile airtime and data bundles for all major telecommunications networks in Malawi including Airtel, TNM, and others. Airtime and data purchases are currently processed free of charge with no markup or service fees applied by the Company.

(e) Funds Transfer Services

Transfer of pre-approved funds from your Account to:

  • Designated bank accounts (domestic transfers within Malawi)
  • Mobile money wallets (Airtel Money, TNM Mpamba, etc.)
  • Other payment channels as may be made available by the Company

Funds transfer capabilities are subject to the Company's approval, verification processes, and applicable transaction limits. Transfer fees, if any, will be disclosed prior to transaction confirmation.

2.2 Not a Credit or Lending Service (Wage Access)

The parties expressly acknowledge and agree that:

  • (a) The wage access component of the Service does NOT constitute a loan, credit facility, credit agreement, or any form of lending arrangement under applicable banking or consumer credit legislation
  • (b) Advances represent access to wages already earned or to be earned by the Employee during the current pay cycle
  • (c) The Subscription Fee, Withdrawal Fee, and Outright Withdrawal Fee are administrative and service charges, not interest
  • (d) The Company is a financial institution, credit provider, with respect to financial services
  • (e) These Terms do not create a debtor-creditor relationship between the Employee and the Company with respect to wage access
  • (f) The wage access mechanism is a payroll service facilitated through employer cooperation, not a financial product

2.3 Long-Term Loans

  • (a) Long-Term Loans, where offered, constitute a separate lending product and are subject to additional terms, conditions, and credit assessment
  • (b) Long-Term Loans create a debtor-creditor relationship between the Employee and the Company
  • (c) Long-Term Loans are subject to applicable consumer credit and lending regulations
  • (d) Interest on Long-Term Loans is charged at a rate of four point five percent (4.5%) per month, calculated on the outstanding principal balance

2.4 Third-Party Service Providers

  • (a) Bill Payment Services, airtime and data purchases, and funds transfers are facilitated through third-party service providers including utility companies, telecommunications operators, banks, and payment processors
  • (b) The Company acts as an intermediary or agent in processing these transactions
  • (c) The Company is not responsible for service quality, delivery, or performance by third-party providers
  • (d) Refunds, disputes, or service issues related to third-party services must be resolved directly with the relevant service provider, though the Company will provide reasonable assistance where possible

The Service operates in compliance with applicable Malawian laws governing employment, data protection, electronic transactions, and financial services. The Company is subject to oversight by the Reserve Bank of Malawi and other relevant regulatory authorities.

3

Acceptance and Entire Agreement

By clicking 'I Accept,' registering for an Account, or using the Service in any manner, you unconditionally accept and agree to be bound by these Terms in their entirety.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, whether written or oral.

No representation, warranty, collateral contract, or condition not expressly stated in these Terms shall bind the Company.

You acknowledge that you have not relied on any statement, representation, assurance, or warranty other than those expressly set out in these Terms.

Any variation or modification to these Terms must be in writing and signed by an authorized representative of the Company. No employee, agent, or representative of the Company has authority to modify these Terms orally or by conduct.

4

Amendments to Terms

The Company reserves the absolute right to modify, amend, or replace these Terms at any time at its sole discretion.

Notice of material amendments will be provided by: (a) Posting revised Terms on the Site with the updated effective date; (b) In-Application notification upon login; (c) Email notification to your registered email address; and/or (d) SMS notification to your registered mobile number.

Continued use of the Service after the effective date of amendments constitutes binding acceptance of the revised Terms.

If you do not agree to amended Terms, you must immediately discontinue use of the Service and settle all outstanding obligations.

Your obligation to repay existing Advances and Long-Term Loans survives termination or non-acceptance of amended Terms.

5

Eligibility Requirements

To register for and use the Service, you must:

  • (a) Be a natural person of at least eighteen (18) years of age
  • (b) Be an active employee of a participating Employer with whom the Company has a valid service agreement
  • (c) Receive regular salary payments through a formal payroll system
  • (d) Have legal capacity to enter into binding contracts under Malawian law
  • (e) Not be subject to any Insolvency Event or legal incapacity
  • (f) Possess a valid Malawian national identification document or passport
  • (g) Have a functional mobile phone number registered in your name
  • (h) Provide accurate, current, and complete registration information
  • (i) Not be prohibited from using the Service under any applicable law or these Terms

The Company reserves the right to verify eligibility at any time and may require submission of supporting documentation including but not limited to employment contracts, identification documents, payslips, or bank statements.

Registration with false, inaccurate, or misleading information constitutes material breach and grounds for immediate Account termination and potential legal action.

You represent and warrant that all information provided during registration and throughout your use of the Service is true, accurate, current, and complete.

6

Account Security and Responsibility

You are solely responsible for: (a) Maintaining the confidentiality of your Account credentials including username, password, PIN, biometric authentication, and security questions; (b) All activities occurring under your Account, whether authorized by you or not; (c) Implementing reasonable security measures to prevent unauthorized Account access; (d) Ensuring your registered mobile device is password-protected and secured.

You must immediately notify the Company of: (a) Any unauthorized use or suspected compromise of your Account; (b) Loss or theft of your mobile device; (c) Any security breach or vulnerability you become aware of.

The Company shall not be liable for any losses arising from unauthorized Account access unless caused by our gross negligence or willful misconduct.

You acknowledge that sharing Account credentials with third parties violates these Terms and releases the Company from liability for resulting losses.

7

Employer Payroll Deduction Authorization and Waiver

7.1 Irrevocable Authorization

By accepting these Terms and using the Service, you hereby grant to your Employer an irrevocable, unconditional, and continuing authorization to deduct from your salary, wages, bonuses, commissions, allowances, terminal benefits, or any other compensation due to you (collectively 'Compensation'), any and all amounts owed to the Company including:

  • (a) The principal amount of any Advance or Long-Term Loan received
  • (b) All applicable Service Fees including Subscription Fees, Withdrawal Fees, Outright Withdrawal Fees, Processing Fees, and interest charges
  • (c) Any penalties, charges, or costs incurred due to your breach of these Terms
  • (d) Any amounts required to offset defaults or shortfalls
  • (e) All costs of collection, recovery, or enforcement

7.2 Priority of Deduction

You agree and acknowledge that:

  • (a) Repayment obligations to the Company shall constitute a priority deduction from your Compensation, subject only to statutory deductions mandated by law (such as income tax, welfare contributions, and court-ordered garnishments)
  • (b) Deductions may be made from any and all forms of Compensation including regular salary, overtime pay, bonuses, commissions, severance packages, unused leave encashment, gratuity, and terminal benefits
  • (c) The authorization extends to all future Compensation until all obligations are fully satisfied
  • (d) If your regular salary is insufficient to cover repayment, the Employer is authorized to deduct from any other available Compensation source

7.3 Set-Off Rights

The Company and the Employer are authorized to exercise set-off rights against any amounts due to you, and you hereby waive any right to object to such set-off.

7.4 Comprehensive Waiver of Claims Against Employer

YOU HEREBY EXPRESSLY, UNCONDITIONALLY, IRREVOCABLY, AND PERMANENTLY WAIVE, RELEASE, AND DISCHARGE:

(a) Any and all claims, actions, causes of action, suits, proceedings, damages, losses, costs, or liabilities of any nature whatsoever against your Employer arising from or related to:

  • Deductions made pursuant to this authorization
  • Sharing of Employment Data with the Company
  • Implementation of payroll integration systems
  • Processing of Advances, Long-Term Loans, and repayments
  • Any delays or failures in processing due to payroll system limitations
  • Any impact on net take-home pay resulting from Advances or Long-Term Loans

(b) Any right to claim that such deductions constitute:

  • Wrongful or unlawful deduction of wages
  • Breach of employment contract
  • Constructive dismissal or unfair labor practice
  • Violation of labor laws or regulations
  • Any other employment-related grievance

(c) Any right to institute legal proceedings, file labor complaints, or pursue arbitration, mediation, or any other dispute resolution mechanism against the Employer in connection with the Service;

(d) Any claim for damages, compensation, reinstatement, or any other remedy against the Employer related to the Service.

7.5 Indemnification of Employer

You agree to indemnify, defend, and hold harmless your Employer, its directors, officers, employees, agents, and affiliates from any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • (a) Your use of the Service
  • (b) Any breach of these Terms
  • (c) Any third-party claims related to Advances, Long-Term Loans, or repayments
  • (d) Any regulatory, tax, or legal complications arising from your participation in the Service
  • (e) Any dispute between you and the Company

7.6 Employment Termination Provisions

You acknowledge and agree that:

  • (a) In the event of termination of employment (whether voluntary resignation, retirement, dismissal, redundancy, or otherwise), all outstanding obligations to the Company become immediately due and payable
  • (b) The Employer is authorized to deduct all outstanding amounts from your final settlement, terminal benefits, accrued leave pay, gratuity, severance package, or any other payments due upon termination
  • (c) If terminal payments are insufficient to cover outstanding obligations, you remain personally liable for the shortfall and authorize the Company to pursue collection through all available legal means
  • (d) You shall not be entitled to receive your certificate of service, employment reference, or clearance certificate until all obligations to the Company are fully satisfied, and you waive any right to object to such withholding
  • (e) The Employer may report outstanding debts to credit reference bureaus, which may affect your creditworthiness

7.7 Survival

This authorization and waiver shall: (a) Survive termination of your employment; (b) Survive termination of your Account; (c) Survive discontinuation of the Service; (d) Remain in full force and effect until all obligations are fully satisfied; (e) Bind your heirs, executors, administrators, and legal representatives.

7.8 Third-Party Beneficiary

Your Employer is an express third-party beneficiary of Sections 7.1 through 7.7 and is entitled to enforce these provisions directly against you.

8

Early Wage Access: Terms, Calculations, and Withdrawal Methods

8.1 Available Balance Calculation and Display

(a) On the 1st of each month (or the first Business Day thereafter), your Available Balance for the pay cycle is calculated and displayed on your Account dashboard;

(b) The Available Balance is calculated as follows:

  • Step 1: Determine your net salary (gross salary minus statutory deductions such as PAYEE, and any other mandatory deductions)
  • Step 2: Calculate 50% of your net salary
  • Step 3: Deduct the 3% Subscription Fee from the amount in Step 2
  • Step 4: The resulting amount is your Available Balance for the month

(c) Example calculation (for illustrative purposes only; your actual calculation will be based on your employment data):

  • Net salary: K750,000
  • 50% of net salary: K375,000
  • Less 3% Subscription Fee (K11,250): K363,750
  • Available Balance: K363,750

(d) Your Available Balance is displayed prominently on your dashboard and represents the maximum amount you may access during that pay cycle;

(e) The Accrual Period (typically 20-30 days depending on your Employer's payroll cycle) is also displayed on your dashboard.

8.2 Daily Accrual Method

(a) Your Available Balance automatically accrues on a daily basis throughout the Accrual Period;

(b) The Daily Accrual amount is calculated by dividing your Available Balance by the number of days in the Accrual Period;

(c) Each day at 5:00 PM, the Daily Accrual amount is credited to your accessible balance;

(d) You may withdraw any portion of your accrued balance at any time through the Application;

(e) Daily Accrual withdrawals are subject only to the standard Withdrawal Fee (disclosed in the transaction summary);

(f) The Subscription Fee (3%) has already been deducted from your Available Balance and does not apply again to Daily Accrual withdrawals;

(g) Example (for illustrative purposes only):

  • Available Balance: K363,750
  • Accrual Period: 20 days
  • Daily Accrual: K18,187.50 per day
  • After 10 days: K181,875 available for withdrawal
  • After 20 days: K363,750 fully accessible

(h) You may make multiple withdrawals throughout the month as funds accrue, subject to each withdrawal incurring a separate Withdrawal Fee.

8.3 Outright Withdrawal Method

(a) At any time during the pay cycle, you may elect to perform an Outright Withdrawal, which provides immediate access to your entire Available Balance regardless of how much has accrued via Daily Accrual;

(b) Outright Withdrawals are available from day 1 of the pay cycle, even before any Daily Accrual has occurred;

(c) Outright Withdrawals are subject to:

  • Outright Withdrawal Fee:Four-point five percent (4.5%) of the withdrawal amount

(d) The total fees for an Outright Withdrawal will be clearly displayed in the transaction summary before you confirm the transaction;

(e) Once an Outright Withdrawal is completed, your Available Balance for that pay cycle is depleted, and no further Daily Accrual will occur for the remainder of that cycle;

(f) You cannot perform another Advance withdrawal (Daily Accrual or Outright) until the next pay cycle begins;

(g) The 3% Subscription Fee has already been deducted from your Available Balance and does not apply again to Outright Withdrawals;

(h) Example (for illustrative purposes only):

  • Available Balance: K363,750
  • Outright Withdrawal on day 1: K363,750
  • Less 4.5% Outright Withdrawal Fee (K16,368.75)
  • Net amount disbursed to you: K347,381.25

8.4 Transaction Summary and Fee Disclosure

(a) Before confirming any withdrawal transaction (Daily Accrual or Outright), you will be presented with a detailed transaction summary showing:

  • Withdrawal amount
  • Applicable fees (Outright Withdrawal Fee if applicable, Withdrawal Fee)
  • Total amount to be repaid on your next payday
  • Net amount to be disbursed to your account
  • Repayment date

(b) You must review and accept the transaction summary before the transaction is processed;

(c) All fees are clearly itemized and disclosed; there are no hidden charges;

(d) Once you confirm the transaction, the fees become binding and non-refundable.

8.5 Disbursement

(a) Approved withdrawals will be disbursed to your registered mobile money account or designated bank account or mobile money account or bank account filled in the withdraw request field;

(b) Disbursement typically occurs within minutes to 24 hours, subject to operational and technical factors;

(c) Disbursement times are estimates, not guarantees;

(d) The Company is not liable for delays caused by third-party payment processors, mobile money operators, banks, or network outages.

8.6 Advance Limit and Restrictions

(a) You may not exceed your Available Balance in any single pay cycle;

(b) If you perform an Outright Withdrawal, you cannot make any further withdrawals until the next pay cycle;

(c) If you make partial Daily Accrual withdrawals, you may continue to withdraw as additional funds accrue, up to your total Available Balance;

(d) The Company reserves the right to impose additional limits based on your employment tenure, repayment history, risk assessment, or other factors at our sole discretion;

9

Long-Term Loans

9.1 Loan Eligibility and Approval

Long-Term Loans are subject to the Company's credit assessment process and approval at our sole discretion. Factors considered include employment stability, repayment history, income level, and creditworthiness.

9.2 Interest Rate and Charges

Long-Term Loans bear interest at a rate of four-point five percent (4.5%) per month, calculated on the outstanding principal balance. Interest is compounded monthly and added to your repayment obligations.

9.3 Repayment Terms

(a) Long-Term Loans are repayable in monthly installments over the agreed loan term, which may range from two (2) months to twelve (12) months or longer as approved;

(b) Monthly installments (principal plus interest) are automatically deducted from your salary on each scheduled payment date via Payroll Integration;

(c) The repayment schedule, including installment amounts and payment dates, will be clearly disclosed in the loan agreement before disbursement;

(d) You may prepay the loan in full or in part at any time without prepayment penalties, and interest will be recalculated based on the reduced principal balance.

9.4 Loan Agreement

Upon approval of a Long-Term Loan, you will be required to review and accept a separate loan agreement specifying: (a) Loan principal amount; (b) Interest rate (4.5% per month); (c) Loan term and repayment schedule; (d) Monthly installment amounts; (e) Total amount repayable (principal plus interest); (f) Any additional terms, conditions, or covenants.

The loan agreement forms part of these Terms and is binding upon acceptance.

10

Repayment Obligations

10.1 Automatic Repayment - Advances

(a) All Advance withdrawals (whether via Daily Accrual or Outright Withdrawal) plus applicable Service Fees are automatically deducted from your salary on your next regular payday via Payroll Integration;

(b) Repayment is non-negotiable and not subject to deferral, extension, or waiver absent extraordinary circumstances approved in writing by the Company;

(c) You shall ensure sufficient net salary remains after statutory deductions to cover repayment obligations.

10.2 Automatic Repayment - Long-Term Loans

(a) Long-Term Loan repayments (principal plus interest) are automatically deducted from your salary on each scheduled payment date via Payroll Integration;

(b) Repayment installments are fixed amounts specified in the loan agreement;

(c) If you wish to prepay or make additional payments, you may do so through the Application, and future interest charges will be recalculated accordingly.

10.3 Insufficient Salary

If your salary is insufficient to cover full repayment on the scheduled date:

  • (a) The Employer is authorized to deduct the maximum available amount
  • (b) You shall remit the outstanding balance directly to the Company within three (3) Business Days
  • (c) Your Account will be suspended until the outstanding balance is fully settled
  • (d) Late payment penalties may apply as determined by the Company
  • (e) The Company may pursue collection through legal means including debt collection agencies, civil litigation, or reporting to credit bureaus

10.4 Long-Term Loans Upon Employment Termination

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(a) If you terminate your employment (whether by resignation, retirement, dismissal, redundancy, or otherwise) while a Long-Term Loan remains outstanding, the entire outstanding loan balance including principal, accrued interest, fees, and charges becomes your obligation to pay in full on timely basis;

(b) Upon employment termination, you remain personally and directly liable to the Company for the full outstanding Long-Term Loan amount, regardless of whether your terminal benefits are sufficient to cover the debt;

(c) The Company has the absolute right to pursue repayment directly from you through any lawful means including but not limited to:

  • Demanding immediate payment in full
  • Initiating legal proceedings and obtaining judgment
  • Engaging debt collection agencies
  • Reporting the debt to credit reference bureaus
  • Garnishing wages from any new employer (subject to legal process)
  • Enforcing security interests or collateral (where applicable)

(d) At the Company's sole discretion, the Company may:

  • Require collateralto secure the outstanding Long-Term Loan balance. Acceptable forms of collateral include but are not limited to real property, movable assets (vehicles, equipment), personal guarantees from third parties, or other security as determined by the Company
  • Waive the collateral requirementbased on assessment of your financial circumstances, employment prospects, repayment history, creditworthiness, or other factors
  • Negotiate a repayment planwith installment payments, extended terms, or modified interest rates
  • Take immediate legal actionwithout prior demand or negotiation

(e) If collateral is required and you fail to provide satisfactory collateral within the timeframe specified by the Company (typically fourteen (14) days), the Company may immediately commence legal action to recover the debt;

(f) Any collateral provided shall be subject to a separate security agreement containing terms and conditions for valuation, registration, insurance, maintenance, and enforcement of the security interest;

(g) The Company's decision regarding collateral requirements is final and binding and is not subject to negotiation unless the Company, in its sole discretion, agrees otherwise;

(h) You agree to provide the Company with updated contact information, residential address, and employment details for at least twelve (12) months following employment termination to facilitate repayment arrangements;

(i) Failure to honor repayment obligations may result in:

  • Negative credit reporting affecting your ability to obtain future credit
  • Legal judgments that may affect property ownership and financial transactions
  • Attachment of assets or garnishment of income
  • Criminal prosecution for fraud if non-payment is deemed willful and intentional

(j) This provision survives employment termination and remains enforceable until the Long-Term Loan is fully repaid.

10.5 Personal Liability

You remain personally and primarily liable for all repayment obligations regardless of: (a) Employment status changes; (b) Disputes with your Employer; (c) Payroll processing errors or delays; (d) Salary reductions or adjustments; (e) Any other circumstances.

10.6 No Right to Offset or Deduction

You have no right to set off, withhold, deduct, or counterclaim any amounts against your repayment obligations for any reason, including alleged defects in the Service, disputes with the Company or Employer, or any other claims.

11

Bill Payment Services, Airtime, and Data Purchases

11.1 Service Availability

The Company provides Bill Payment Services enabling you to pay for utilities, subscriptions, and services including but not limited to: (a) Television subscriptions (DSTV, StarTimes, Netflix, etc.); (b) Water utility bills; (c) Electricity bills (ESCOM prepaid tokens, postpaid bills); (d) Internet and telecommunications services; (e) Municipal rates, taxes, and charges; (f) Insurance premiums; (g) Educational institution fees; (h) Any other billers integrated into the Service.

The Company also enables purchase of: (i) Mobile airtime for all major networks (Airtel, TNM, etc.); (j) Data bundles for all major networks.

11.2 Processing Fees

(a) Bill Payment Services are currently processed free of charge by the Company. No service fees, commissions, or markups are applied by Earn Mwachangu Ltd.

(b) Airtime and data purchases are currently processed free of charge by the Company. The price you pay is the standard retail price charged by the telecommunications operator.

(c) The Company reserves the right to introduce service fees for Bill Payment Services, airtime, or data purchases in the future, with at least thirty (30) days' advance notice posted on the Site and Application.

(d) Third-party service providers (utility companies, billers, telecommunications operators) may charge their own fees, convenience charges, or processing fees, which will be clearly disclosed before transaction confirmation. Such fees are charged by the third party, not by Earn Mwachangu Ltd.

11.3 Transaction Process

(a) To make a bill payment or purchase airtime/data, you must have sufficient available balance in your Account or access to pre-approved funds;

(b) Before confirming a transaction, you will be shown:

  • The exact amount to be paid
  • Any third-party fees or charges
  • The recipient service provider or biller
  • A transaction summary

(c) Once you confirm the transaction, the amount will be deducted from your Account balance or Advance limit;

(d) Transactions are typically processed instantly or within a few minutes, subject to third-party processing times;

(e) You will receive a transaction confirmation via SMS, email, and/or in-Application notification.

11.4 Transaction Limits

(a) Bill payments, airtime, and data purchases are subject to daily and monthly transaction limits set by the Company and third-party providers;

(b) Transaction limits may vary based on your Account status, verification level, transaction history, and risk assessment;

(c) The Company reserves the right to modify transaction limits at any time.

11.5 Refunds and Disputes

(a) Bill payments, airtime, and data purchases are generally non-refundable once processed;

(b) If a transaction fails due to technical error or third-party failure, and funds were deducted from your Account, the Company will investigate and process a refund within five (5) to ten (10) Business Days;

(c) Disputes regarding service quality, delivery, or billing errors by third-party providers must be resolved directly with the service provider. The Company is not responsible for third-party service failures but will provide reasonable assistance in facilitating resolution;

(d) To request a refund or report a failed transaction, contact info@earnmwachangu.com with transaction details.

11.6 Third-Party Relationships

(a) The Company acts as an intermediary or payment agent for Bill Payment Services, airtime, and data purchases;

(b) The Company is not responsible for:

  • Service quality, availability, or performance by third-party providers
  • Billing errors or disputes with service providers
  • Delays or failures caused by third-party systems
  • Changes to pricing, terms, or availability by third parties

(c) Your use of third-party services is subject to the third party's terms and conditions, which you agree to comply with.

12

Funds Transfer Services

12.1 Transfer Capabilities

Subject to the Company's approval and verification processes, you may transfer pre-approved funds from your Account to:

(a) Bank accounts (domestic bank transfers within Malawi); (b) Mobile money wallets (Airtel Money, TNM Mpamba, etc.); (c) Other payment channels as may be made available by the Company.

12.2 Eligibility and Limits

(a) Funds transfer capabilities are subject to Account verification, including identity verification and security checks;

(b) Transfers are subject to daily and monthly transaction limits set by the Company, banks, and mobile money operators;

(c) You may only transfer funds that are available in your Account balance or within your approved Advance limit;

(d) The Company reserves the right to decline transfer requests based on risk assessment, compliance requirements, or fraud detection.

12.3 Transfer Fees

(a) Funds transfer fees, if any, will be clearly disclosed in the transaction summary before you confirm the transfer;

(b) Transfer fees vary based on the transfer amount, destination, and payment channel;

(c) Fees are charged by the Company, banks, or mobile money operators and will be itemized in the transaction confirmation.

12.4 Transfer Processing

(a) Transfers are typically processed within minutes to 24 hours, depending on the destination and payment channel;

(b) In special situations not caused by the company Bank transfers may take longer (1-3 Business Days) depending on the recipient bank's processing times;

(c) Mobile money transfers are typically instant or within minutes;

(d) The Company is not liable for delays caused by banks, mobile money operators, or payment system failures.

12.5 Transfer Responsibility

(a) You are solely responsible for ensuring the accuracy of the recipient's account details (account number, mobile number, bank name);

(b) The Company is not liable for transfers made to incorrect accounts due to your error;

(c) Funds transferred to incorrect accounts are generally non-recoverable, though the Company will provide reasonable assistance in attempting recovery.

13

Employer Data Sharing and Consent

13.1 Authorization to Share Employment Data

By using the Service, you expressly authorize and consent to your Employer sharing with the Company, on a continuous and ongoing basis, all Employment Data including but not limited to:

(a) Full legal name, date of birth, gender, national ID number, and contact information; (b) Employment start date, position, department, and employment status; (c) Gross and net salary, allowances, bonuses, commissions, and all other compensation; (d) Payroll cycle, payment dates, and payment methods; (e) Attendance records, leave balances, and time-tracking data; (f) Disciplinary records, performance evaluations, and promotion history; (g) Loan obligations, garnishments, and other salary deductions; (h) Notice of termination, resignation, or retirement; (i) Any other information necessary for Service operation, including calculation of Available Balance and Daily Accrual.

13.2 Ongoing Data Updates

Your Employer is authorized to provide ongoing updates to your Employment Data in real-time or at regular intervals to ensure accurate balance calculations, accrual tracking, and risk assessment.

13.3 No Employer Liability for Data Sharing

You acknowledge and agree that your Employer shall have no liability to you for sharing Employment Data pursuant to this authorization, and you waive any claims against the Employer arising from such data sharing.

14

Prohibited Conduct

You shall not:

(a) Provide false, inaccurate, misleading, or fraudulent information; (b) Misrepresent your employment status, salary, or identity; (c) Create multiple Accounts or use another person's Account; (d) Share your Account credentials with third parties; (e) Use the Service for illegal, fraudulent, or unauthorized purposes; (f) Attempt to circumvent Advance limits, approval processes, accrual mechanisms, or repayment obligations; (g) Reverse engineer, decompile, disassemble, or derive source code from the Application; (h) Use automated tools, bots, scrapers, or scripts to access the Service; (i) Transmit viruses, malware, or harmful code; (j) Interfere with or disrupt the integrity, security, or performance of the Service; (k) Access or attempt to access other users' Accounts or data; (l) Violate any applicable laws, regulations, or third-party rights; (m) Engage in any conduct that damages the Company's reputation or business interests; (n) Use Bill Payment Services, airtime, or data purchases for commercial resale or unauthorized business purposes; (o) Attempt to defraud third-party service providers through the Service.

14.2 Consequences of Prohibited Conduct

Violation of this Section may result in: (a) Immediate Account suspension or termination; (b) Demand for immediate repayment of all outstanding Advances and Long-Term Loans; (c) Reporting to law enforcement or regulatory authorities; (d) Civil or criminal legal proceedings; (e) Claims for damages and recovery of costs.

15

Service Availability and Modifications

15.1 No Guarantee of Availability

(a) While we endeavor to maintain continuous Service availability, we do not guarantee uninterrupted, timely, secure, or error-free access; (b) The Service may be subject to downtime for maintenance, upgrades, security patches, or unforeseen technical issues; (c) We may suspend or restrict access to the Service at any time without prior notice.

15.2 Right to Modify or Discontinue

The Company reserves the absolute right, at any time and without liability, to: (a) Modify, suspend, or discontinue any aspect of the Service; (b) Impose new conditions, limitations, or restrictions on Service use; (c) Introduce new features or remove existing features; (d) Change Advance limits, fee structures, interest rates, accrual periods, or eligibility criteria; (e) Terminate the Service entirely; (f) Add or remove third-party billers, service providers, or payment channels.

15.3 No Entitlement

You acknowledge that you have no vested right, entitlement, or expectation of continued access to the Service, and the Company's decision to modify or discontinue the Service does not constitute breach of contract.

16

Intellectual Property Rights

16.1 Ownership

All intellectual property rights in and to the Service, including but not limited to: (a) Software, source code, object code, algorithms, and methodologies; (b) Trademarks, service marks, logos, trade names, and brand identities; (c) Patents, copyrights, database rights, and trade secrets; (d) User interface designs, graphics, text, images, and audiovisual content; (e) Documentation, manuals, and training materials;

are owned exclusively by the Company or its licensors.

16.2 Limited License

The Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Service solely for your personal use in accordance with these Terms.

16.3 Restrictions

You shall not: (a) Copy, modify, adapt, translate, or create derivative works from the Service; (b) Distribute, sell, rent, lease, sublicense, or transfer any rights in the Service; (c) Use the Company's trademarks, logos, or branding without prior written consent; (d) Remove, alter, or obscure any proprietary notices, labels, or marks.

17

Disclaimers and Warranties

17.1 'AS IS' and 'AS AVAILABLE' Basis

THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

17.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (b) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (c) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WARRANTIES REGARDING ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF INFORMATION; (e) WARRANTIES THAT DEFECTS WILL BE CORRECTED; (f) WARRANTIES REGARDING THIRD-PARTY SERVICE QUALITY, DELIVERY, OR PERFORMANCE; (g) WARRANTIES REGARDING THE ACCURACY OF AVAILABLE BALANCE CALCULATIONS, DAILY ACCRUAL AMOUNTS, OR FEE CALCULATIONS (THOUGH WE STRIVE FOR ACCURACY).

17.3 No Financial Advice

The Company does not provide financial, investment, tax, or legal advice. You are solely responsible for evaluating the appropriateness of using the Service based on your personal financial circumstances.

17.4 Third-Party Dependencies

The Company is not responsible for the performance, reliability, or availability of third-party services including Employer payroll systems, mobile money operators, telecommunications networks, banks, utility companies, billers, or internet service providers.

18

Limitation of Liability

18.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (b) LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL; (c) LOSS OF DATA OR INFORMATION; (d) BUSINESS INTERRUPTION OR OPERATIONAL DELAYS; (e) PERSONAL INJURY OR EMOTIONAL DISTRESS; (f) DAMAGES ARISING FROM THIRD-PARTY SERVICE FAILURES; (g) DAMAGES ARISING FROM CALCULATION ERRORS IN AVAILABLE BALANCE, DAILY ACCRUAL, OR FEES;

ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE TOTAL SERVICE FEES PAID BY YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

18.3 Basis of the Bargain

You acknowledge that the limitations of liability set forth in this Section are fundamental elements of the bargain between you and the Company, and the Company would not provide the Service absent these limitations.

19

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its parent, subsidiaries, affiliates, successors, assigns, directors, officers, employees, agents, contractors, licensors, and service providers (collectively, 'Indemnified Parties') from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or related to:

(a) Your use or misuse of the Service; (b) Your breach of these Terms; (c) Your violation of any applicable law, regulation, or third-party right; (d) Your provision of false, inaccurate, or misleading information; (e) Any claim made by your use of the Service caused harm to a third party; (f) Your fraud, negligence, willful misconduct, or unlawful conduct; (g) Any tax liability arising from Advances, Long-Term Loans, or Service Fees; (h) Your failure to repay Advances or Long-Term Loans; (i) Disputes with third-party service providers arising from bill payments, airtime, data purchases, or funds transfers.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you shall fully cooperate with the Company in asserting any available defenses.

This indemnification obligation survives termination of these Terms or your use of the Service.

20

Data Privacy and Security

Your personal information is collected, processed, stored, and used in accordance with our Privacy Policy.

By using the Service, you consent to: (a) Collection of personal and Employment Data; (b) Processing of data for Service operation, balance calculation, accrual tracking, risk assessment, fraud detection, and regulatory compliance; (c) Storage of data on servers located in Malawi or other jurisdictions; (d) Sharing of data with the Employer, payment processors, third-party service providers, and billers; (e) Use of data for analytics, product improvement, and marketing (subject to opt-out rights).

The Company implements reasonable technical and organizational security measures to protect data, but cannot guarantee absolute security against unauthorized access, hacking, data loss, or breaches.

You are responsible for safeguarding your Account credentials and notifying us immediately of any suspected security breaches.

For more information about how we handle your data, please review our Privacy Policy and Data Protection Policy. If you wish to exercise your right to data deletion, you can submit a request through our account deletion portal.

21

Force Majeure

The Company shall not be liable for any failure or delay in performing obligations under these Terms due to Force Majeure Events including but not limited to:

(a) Acts of God, natural disasters, pandemics, epidemics, or public health emergencies; (b) War, invasion, hostilities, terrorist acts, civil unrest, or military action; (c) Government regulations, sanctions, embargoes, or currency restrictions; (d) Labor disputes, strikes, lockouts, or industrial action; (e) Telecommunications, internet, or banking system failures; (f) Power outages, equipment failures, or technology malfunctions; (g) Cyber-attacks, hacking, malware, or security breaches; (h) Acts or omissions of third parties including Employers, payment processors, mobile money operators, banks, utility companies, or billers.

During Force Majeure Events, the Company's obligations shall be suspended for the duration of the event, and time for performance shall be extended accordingly.

If a Force Majeure Event continues for more than thirty (30) days, the Company may terminate these Terms without liability.

22

Dispute Resolution and Governing Law

22.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Malawi, without regard to conflict of laws principles.

22.2 Negotiation

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiations between the parties for a period of thirty (30) days.

22.3 Arbitration

If the dispute cannot be resolved through negotiation, it shall be referred to and finally resolved by binding arbitration in accordance with the Arbitration Act of Malawi. The arbitration shall be:

(a) Conducted by a single arbitrator appointed by mutual agreement or, failing agreement, appointed by the Malawi Institute of Arbitrators; (b) Conducted in English; (c) Held in Lilongwe, Malawi; (d) Governed by the Arbitration Rules of the Malawi Institute of Arbitrators; (e) Confidential, and the parties shall not disclose the existence, content, or outcome of the arbitration except as required by law or to enforce the award.

22.4 Arbitration Award

(a) The arbitrator's decision shall be final and binding on both parties; (b) Judgment upon the award may be entered in any court having jurisdiction; (c) The prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

22.5 Exception for Injunctive Relief

Notwithstanding the arbitration requirement, the Company may seek injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm, protect intellectual property rights, or enforce confidentiality obligations.

22.6 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

22.7 Jurisdiction

Subject to the arbitration provisions, the courts of Malawi shall have exclusive jurisdiction over any disputes arising from these Terms.

23

Termination

23.1 Termination by You

You may terminate your Account at any time by: (a) Providing written notice to info@earnmwachangu.com; (b) Following the in-Application account closure process; (c) Ceasing all use of the Service.

23.2 Termination by the Company

The Company may suspend or terminate your Account immediately, without prior notice or liability, if:

(a) You breach any provision of these Terms; (b) We suspect fraud, misuse, or illegal activity; (c) We are required to do so by law or court order; (d) Your employment with the participating Employer terminates; (e) The Employer terminates its agreement with the Company; (f) We determine, in our sole discretion, that continued provision of Service poses unacceptable risk.

23.3 Effects of Termination

Upon termination:

(a) Your right to access and use the Service immediately ceases; (b) All outstanding Advances and Long-Term Loans plus Service Fees become immediately due and payable; (c) The Employer remains authorized to deduct outstanding amounts from any Compensation due to you; (d) Sections of these Terms that by their nature should survive (including Sections 7, 10, 16, 17, 18, 19, 20, 22, and 24) shall continue in full force and effect; (e) You remain liable for all obligations incurred prior to termination.

23.4 No Refund

Termination does not entitle you to any refund of Service Fees paid.

24

General Provisions

24.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall continue in full force and effect. The parties shall negotiate in good faith to replace the invalid provision with a valid provision that achieves the original intent.

24.2 Waiver

The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company. Waiver of any breach shall not constitute waiver of any subsequent breach.

24.3 Assignment

(a) You may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations hereunder without the Company's prior written consent. Any attempted assignment in violation of this provision shall be void.

(b) The Company may assign these Terms, in whole or in part, to any affiliate, subsidiary, successor, or acquirer without your consent, and you agree to be bound by such assignment.

24.4 No Third-Party Beneficiaries

These Terms are solely for the benefit of the parties hereto and are not intended to confer third-party beneficiary rights upon any other person, except as expressly provided in Section 7.8 regarding the Employer.

24.5 Independent Contractor

You are an independent party and nothing in these Terms creates an employment, agency, partnership, joint venture, or fiduciary relationship between you and the Company.

24.6 Notices

(a) All notices, requests, and communications shall be in writing and delivered:

  • By email to info@earnmwachangu.com (for notices to the Company)
  • By email or SMS to your registered contact information (for notices to you)

(b) Notices shall be deemed given:

  • If by email: upon transmission if sent during Business Days between 8:00am and 5:00pm; otherwise, on the next Business Day
  • If by SMS: upon transmission
  • If by registered mail: three (3) Business Days after posting

(c) You are responsible for maintaining current contact information and checking messages regularly.

24.7 Headings

Section and subsection headings are for convenience only and shall not affect interpretation of these Terms.

24.8 Counterparts

These Terms may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Electronic signatures shall have the same legal effect as original signatures.

24.9 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of conflict between the English version and any translation, the English version shall prevail.

24.10 Entire Agreement Reinforcement

These Terms, together with the Privacy Policy, constitute the complete, final, and exclusive statement of the agreement between you and the Company and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

25

Consent to Electronic Communications

By using the Service, you consent to receive electronic communications from the Company, including:

(a) Transactional notifications (balance updates, Daily Accrual credits, withdrawal approvals, disbursements, repayments, Long-Term Loan updates, bill payment confirmations, airtime/data purchase confirmations); (b) Account alerts and security notifications; (c) Service updates, changes to Terms, or policy modifications; (d) Marketing and promotional messages (subject to opt-out rights); (e) Customer support communications.

Electronic communications may be delivered via: (a) Email to your registered email address; (b) SMS or push notifications to your registered mobile number; (c) In-Application messages or notifications; (d) Posting on the Site.

You agree that electronic communications satisfy any legal requirement that communications be in writing.

You may opt out of marketing communications by following unsubscribe instructions, but you cannot opt out of essential transactional or security communications.

You are responsible for ensuring your contact information is current and for regularly checking messages.

26

Tax Obligations

You are solely responsible for determining and fulfilling any tax obligations arising from your use of the Service, including but not limited to income tax on Advances, Long-Term Loans, or Service Fees treated as benefits-in-kind.

The Company does not provide tax advice and makes no representations regarding the tax treatment of Advances, Long-Term Loans, or Service Fees.

You agree to indemnify the Company against any tax liability, penalty, or assessment arising from your failure to comply with tax obligations.

27

Anti-Money Laundering and Compliance

You represent and warrant that:

(a) You are not on any sanctions list or prohibited parties list maintained by the Government of Malawi, United Nations, United States, European Union, or other relevant authorities; (b) Funds used for Service Fees and Long-Term Loan repayments are not derived from illegal activities including money laundering, terrorism financing, fraud, or corruption; (c) You will not use the Service to facilitate or engage in any illegal activities; (d) You are not a politically exposed person (PEP) unless disclosed to the Company.

The Company reserves the right to: (a) Conduct identity verification, background checks, and enhanced due diligence; (b) Request additional documentation or information; (c) Report suspicious transactions to relevant authorities; (d) Suspend or terminate Accounts that pose compliance risks.

You shall cooperate fully with any investigation or inquiry conducted by the Company or regulatory authorities.

28

Acknowledgment of Understanding

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT:

(a) You have read, understood, and agree to be bound by these Terms in their entirety; (b) You have had the opportunity to seek independent legal advice regarding these Terms; (c) You understand how the early wage access service works, including Available Balance calculation, Daily Accrual at 5:00 PM each day, and the two withdrawal methods (Daily Accrual withdrawal and Outright Withdrawal); (d) You understand the fee structure: 3% monthly Subscription Fee, Withdrawal Fees per transaction, 4.5% Outright Withdrawal Fee for immediate full balance access, and 4.5% monthly interest on Long-Term Loans; (e) You understand that Bill Payment Services, airtime, and data purchases are currently free of charge; (f) You understand and accept the Employer Payroll Deduction Authorization and Waiver of Claims in Section 7; (g) You understand that Advances and Long-Term Loan repayments will reduce your net take-home pay on the Scheduled Repayment Date; (h) You understand that Long-Term Loans become immediately due upon employment termination and that the Company may require collateral or pursue legal action to recover outstanding amounts; (i) You understand that all fees are clearly disclosed in transaction summaries before you confirm any transaction; (j) You understand that Bill Payment Services, airtime, and data purchases are subject to third-party terms and availability; (k) You have voluntarily chosen to use the Service without coercion or pressure from the Company or Employer; (l) No oral or written representations outside these Terms have been made or relied upon; (m) These Terms may be amended from time to time, and continued use constitutes acceptance.

29

Contact Information

For questions, concerns, complaints, or support requests regarding the Service or these Terms, please contact us at:

Earn Mwachangu Ltd

  • Email: info@earnmwachangu.com
  • Phone: +265 99 016 7497 / +265 99 848 4630
  • Address: Plot 47/378, Area 47 Sector 1, Lilongwe, Malawi
  • Website: earnmwachangu.com

We will endeavor to respond to inquiries within two (2) Business Days, though response times may vary.

30

Regulatory Disclosures

Earn Mwachangu Ltd is registered in Malawi under Company Registration Number COY-A5F8YQ and TPIN Number 70527315.

The Service is subject to regulation by the Reserve Bank of Malawi and operates in compliance with all applicable laws governing financial services, data protection, employment, and consumer protection.

For regulatory inquiries or to report compliance concerns, you may contact the Reserve Bank of Malawi or the Company directly at info@earnmwachangu.com.

31

Acceptance

Important Notice

BY CLICKING 'I ACCEPT,' REGISTERING FOR AN ACCOUNT, OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Important Notice

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

Last Updated: 09/10/2025

Version: 2.0

END OF TERMS AND CONDITIONS

Questions About These Terms?

If you have any questions or concerns about these terms and conditions, please don't hesitate to contact our support team.

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