Terms & Conditions

"Company," "we," "us," or "our" refers to [KABUHAYAN FINTECH], a financial technology company with principal office at Naga City, Camarines Sur, Bicol Region, Philippines.

"Platform" refers to the Kabuhayan web application, mobile interfaces, APIs, and all associated services accessible at kabuhayan.ph and its subdomains.

"User" refers to any person who accesses or uses the Platform, including but not limited to Borrowers, Investors, SaaS Partners, Collectors, and Administrators.

"Borrower" refers to a micro-entrepreneur who applies for and/or receives a loan through the Platform.

"Investor" refers to an individual or entity that deploys capital through the Platform's lending pool.

"SaaS Partner" refers to a third-party lending operation that subscribes to use the Kabuhayan technology platform.

"Collector" refers to an authorized field agent who collects daily loan payments on behalf of the Company or its SaaS Partners.

By accessing, registering for, or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, our Privacy Policy, and any applicable loan, investment, or subscription agreements.

If you do not agree to these terms, you must immediately cease use of the Platform.

We reserve the right to modify these terms at any time. Material changes will be communicated via SMS, email, or in-app notification at least 15 days before taking effect. Continued use of the Platform after such notice constitutes acceptance of the modified terms.

To use the Platform as a Borrower, you must be: (a) at least 18 years of age; (b) a Filipino citizen or legal resident; (c) operating a legitimate business, trade, or livelihood; (d) in possession of a valid government-issued ID; and (e) not currently subject to any court order prohibiting you from entering financial obligations.

To use the Platform as an Investor, you must meet additional qualification requirements as specified in the Investor Partnership Agreement.

SaaS Partners must be duly registered business entities in the Philippines or their respective jurisdictions.

Users must provide accurate, complete, and current information during registration. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must immediately notify us of any unauthorized access or security breach. We are not liable for any loss arising from your failure to safeguard your account credentials.

We reserve the right to suspend or terminate accounts that contain false information, engage in fraudulent activity, or violate these terms.

5.1 Loan Application. Submitting a loan application does not guarantee approval. All applications are subject to credit investigation (CI), verification, and the Company's sole discretion.

5.2 Fees and Deductions. Upon loan approval, the following are deducted from the loan principal before disbursement: (a) Service Fee — 1.5% of principal (non-refundable); (b) CBU (Capital Build-Up) Savings — 5% of principal (refundable upon program exit, earns monthly interest); (c) CLIP/Alaga Shield — optional loan protection insurance (only deducted if borrower opts in).

5.3 Repayment. Loans are repaid through daily installments collected by authorized Collectors. The total repayment amount, daily payment, and term are specified in the Borrower Loan Agreement. Failure to pay constitutes a missed payment and may result in penalties, reduced Agimat XP, and impact on future loan eligibility.

5.4 Agimat XP. The Agimat loyalty system awards XP for on-time payments (+10 XP/day) and deducts XP for missed payments (-20 XP/day). XP determines your borrowing tier (Standard/Loyalty/VIP), interest rate, loan limit, and eligibility for perks. XP calculations are automated and final.

5.5 CBU Savings. CBU savings earn compound interest per loan cycle. Interest rates vary by tier: Standard Tier earns 1% per cycle, Loyalty Tier earns 1.25%, and VIP Tier earns 1.5%. Borrowers may make voluntary CBU deposits via GCash, Maya, bank transfer, or credit/debit card through the borrower portal. Minimum deposit is PHP 50.00. All deposits are processed through secure payment providers (Stripe and Dragonpay).

5.6 CLIP / Alaga Shield. CLIP is an optional health protection program. Borrowers may opt in during loan application or mid-loan. CLIP contributions (PHP 100–500 per loan depending on tier) are pooled and lent out as lending capital, earning returns for the borrower. After 6 completed loans with active enrollment, borrowers become eligible for health service reimbursements. CLIP is voluntary — non-enrollment does not affect loan eligibility or terms.

5.7 CLIP Withdrawals. Borrowers may withdraw from their CLIP balance at any time: (a) Planned Withdrawal — submit a request with 30-day notice, no fee; (b) Immediate Withdrawal — available instantly, subject to a 15% early exit fee. The 15% fee is non-refundable and constitutes revenue for the Company. Cancelling CLIP enrollment does not forfeit the existing balance.

5.8 CLIP Health Reimbursements. Eligible borrowers (6+ completed loans, active CLIP, good standing) may request reimbursement for covered health services by submitting a valid receipt from a licensed clinic or hospital. Reimbursements are paid via balance deduction or cash through the assigned collector, at the borrower's choice. Both methods deduct from the borrower's own CLIP balance — reimbursements are NOT a Company expense.

5.9 Delinquency Escalation. Missed payments trigger the following escalation levels: (a) WARNING — 3+ missed payments: formal reminder issued, no restrictions; (b) PROBATION — 5+ missed payments: future loan renewal may be limited to the same or lower amount; (c) SUSPENSION — 7+ missed payments: borrower will not be eligible for new loans after completing the current loan; (d) BAN — 10+ missed payments: account restricted, borrower must make a trust deposit of at least PHP 2,000 to begin the restoration process.

5.10 Trust Deposits for Account Restoration. Banned borrowers may restore their eligibility by depositing at least PHP 2,000 as a trust deposit. The deposit earns 1% monthly compound interest. After maintaining the deposit for 3 consecutive months with no further violations, the borrower's account will be reviewed for restoration. Trust deposits are fully refundable upon program exit. The Company reserves the right to deny restoration at its sole discretion.

6.1 Nature of Investment. Investment through the Platform constitutes a deployment of capital into the Company's lending pool. It is NOT a bank deposit, security, or guaranteed-return product. Returns are variable and depend on borrower repayment performance.

6.2 Returns. Investors receive trickle-back returns as borrowers make daily payments. The investor's share is calculated based on their funding ratio and the applicable interest rate (currently 2% of interest per payment).

6.3 Risks. Investors acknowledge that: (a) principal is at risk if borrowers default; (b) returns are not guaranteed; (c) deployed capital may be locked for the duration of the loan term; (d) the Company does not provide deposit insurance.

6.4 Withdrawals. Withdrawal requests require a 7-day preparation period. Full withdrawals before 6 completed cycles are subject to a 15% early exit fee.

7.1 Subscription. SaaS Partners subscribe to use the Platform's technology for their own lending operations. The subscription is billed monthly or annually and includes the features, limits, and support level specified in the Partner's selected tier.

7.2 Payment Methods. Subscription payments may be made via credit/debit card (Visa, Mastercard, JCB) through Stripe, or via GCash, Maya, or bank transfer through Dragonpay. Payment method is selected during the initial signup checkout. All payment processing is handled by PCI-DSS compliant third-party providers. The Company does not store card details on its servers.

7.3 Billing Cycles. Monthly subscriptions renew automatically on the same date each month. Annual subscriptions cover 12 months from the date of payment. Failed payment attempts will be retried according to the payment provider's retry schedule. The Company reserves the right to suspend service after repeated payment failures.

7.4 Seat-Based Billing. Each subscription tier includes a specified number of admin and office staff seats. If the Partner adds users beyond the included seat count, overage charges apply. Overage amounts are calculated based on the number of excess active users per role at the time of invoice generation and appear as line items on the Partner's next invoice. The Partner may deactivate excess users at any time; overage charges cease on the next billing cycle. Current seat usage and overage rates are visible on the Billing page in the Partner dashboard.

7.5 Data Ownership. SaaS Partners retain ownership of their borrower data, transaction records, and business information. The Company acts as a data processor, not a data owner, for Partner data.

7.6 Termination. Either party may terminate the subscription with 30 days' written notice. Upon termination, the Company will provide a complete data export (CSV/JSON) within 30 days. After the export period, Partner data will be permanently deleted from our systems.

7.7 Service Level. The Company commits to 99.9% uptime for the Platform backend and a 4-hour response time for critical outages, as specified in the SaaS SLA.

7.8 Refund Policy. Subscription fees are non-refundable once a billing cycle has begun. There are no refunds for partial months of service, unused features, or early termination. Downgrades mid-cycle: no refund is issued for the current period; instead, the unused value from the higher tier is credited toward the next billing cycle on the lower tier. Upgrades mid-cycle: the Partner pays only the prorated difference between the old and new tier for the remaining days in the current billing period.

7.9 Prorated Billing on Tier Changes. When a Partner changes tiers mid-billing-cycle: (a) Upgrade — the system calculates the remaining days on the current tier, determines the daily rate difference, and charges the prorated amount immediately. The new tier's features are activated upon payment. (b) Downgrade — no refund is issued. The unused portion of the higher tier is converted to a credit applied to the next invoice at the lower tier rate. The downgrade takes effect at the start of the next billing cycle. A confirmation modal showing the exact breakdown is displayed before the change is finalized.

7.10 Collection Schedules. SaaS Partners may configure flexible collection schedules (Daily, Weekly, Bi-weekly, or Monthly) for their borrowers. The available schedule types depend on the Partner's subscription tier and are stored in the Partner's configuration. Once a collection schedule is set for a loan at the time of approval, it cannot be changed mid-loan. The schedule affects the number of total payments, per-payment amount, and collector visit frequency.

7.11 Statement Descriptors. Partners on eligible tiers may configure a custom statement descriptor that appears on their borrowers' bank or e-wallet statements when payments are processed electronically. Statement descriptors must comply with payment processor guidelines (Stripe: 22 characters max, alphanumeric; Dragonpay: subject to processor rules). The Company reserves the right to reject descriptors that are misleading, offensive, or violate payment network policies.

Users shall not: (a) provide false or misleading information; (b) use the Platform for money laundering, fraud, or any illegal activity; (c) attempt to access another user's account; (d) reverse-engineer, decompile, or otherwise attempt to derive the Platform's source code; (e) use automated bots, scrapers, or similar tools; (f) interfere with the Platform's security or functionality; (g) harass, threaten, or discriminate against other users or staff.

Violation of these prohibitions may result in immediate account suspension, termination, and referral to law enforcement authorities.

The Platform, including its design, code, algorithms, branding (Kabuhayan, Agimat, Alaga Shield, CBU), and content, is the intellectual property of [KABUHAYAN FINTECH] and is protected under Philippine intellectual property laws (RA 8293) and applicable international treaties.

Users are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose. This license does not convey ownership of any intellectual property.

To the maximum extent permitted by law, the Company shall not be liable for: (a) indirect, incidental, consequential, or punitive damages; (b) loss of profits, data, or business opportunity; (c) service interruptions caused by force majeure (including typhoons, earthquakes, pandemics, or government action); (d) actions of third parties, including borrowers, investors, or collectors.

Our total liability for any claim shall not exceed the fees paid by you to the Company in the 12 months preceding the claim.

Any dispute arising from these terms shall first be submitted to mediation through a mutually agreed mediator in Naga City, Camarines Sur. If mediation fails within 30 days, the dispute shall be resolved through arbitration under Philippine law.

These terms are governed by and construed in accordance with the laws of the Republic of the Philippines. The courts of Naga City, Camarines Sur shall have exclusive jurisdiction.

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

Waiver. Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Entire Agreement. These terms, together with the Privacy Policy and any applicable loan, investment, or subscription agreement, constitute the entire agreement between you and the Company.

Assignment. You may not assign your rights or obligations under these terms without our written consent. We may assign our rights and obligations to an affiliate or successor entity.

For questions about these Terms & Conditions, contact us at:

[KABUHAYAN FINTECH]

Naga City, Camarines Sur, Bicol Region, Philippines

Email: legal@kabuhayan.ph

Phone: [TO BE ADDED]