Terms of Use & User Service Agreement

1. Preamble & Contractual Binding

This User Service Agreement (“Agreement” or “Terms”) constitutes a legally binding contract between you (“User”, “Customer”, or “you”) and OuiPay Technologies Limited (“OuiPay”, “Company”, “we”, “us”, or “our”).

By creating a OuiPay account, accessing the web platform or mobile application, or executing any transaction, you explicitly acknowledge that you have read, understood, and agreed to be bound by all terms, policies, and operational rules contained herein. If you do not agree to these Terms, you must immediately cease accessing the platform and terminate all account activity.

2. Defined Terms

For the purposes of this Agreement, the following terms shall have the meanings specified below:

• Account: The registered technology profile assigned to a User upon successful completion of identity verification.
• Available Balance: The settled funds maintained with licensed partner institutions eligible for immediate transfer, bill settlement, or currency exchange.
• Business Day: Any day other than a Saturday, Sunday, or public holiday recognized by regulatory authorities in the primary operating jurisdiction.
• KYC (Know Your Customer): Identity verification procedures required by Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) statutory regulations.
• Licensed Provider: Third-party licensed banking institutions, payment networks, mobile operators, and financial partners that hold customer funds and process payments.
• Services: Digital technology platform services, mobile airtime and data procurement facilitation, utility bill settlement routing, and cross-border currency exchange software offered by OuiPay.
• Transaction: Any instruction submitted by a User through the OuiPay technology platform to transfer funds, exchange currency, or purchase utility products.

3. Account Eligibility & Verification (KYC)

To register for and maintain an Account, you must be at least 18 years of age and possess full legal capacity to enter into binding financial contracts. Services are restricted to supported operating markets across authorized corridors.

In compliance with statutory regulatory mandates, OuiPay enforces tiered identity verification requirements:

• Tier 1 Verification: Verified phone number, full legal name, and date of birth. Restricted to basic transaction limits.
• Tier 2 Verification: Government-issued identity verification (such as national identity numbers or official identity cards) and identity validation.
• Tier 3 Verification: Proof of residential address (utility bill or bank statement issued within 90 days) and enhanced verification for elevated transaction volumes.

Identity verification is performed by licensed identity verification providers. OuiPay does not collect or store your identity numbers or identity documents; we receive only the verification result.

You represent and warrant that all information provided during registration and verification is truthful, accurate, and current. Submitting fraudulent identity documents or impersonating another individual will result in immediate Account termination and regulatory law enforcement reporting.

4. Technology Platform Status & Funds Custody Disclosure

OuiPay Technologies Limited is a financial technology company, not a bank, depository institution, or licensed financial institution. OuiPay provides software, mobile applications, user interfaces, and payment facilitation technology.

OuiPay does not hold, take custody of, or manage customer funds under any circumstances. All customer funds, deposits, account balances, and monetary values are strictly held, maintained, and safeguarded by licensed partner banking institutions and regulated payment providers licensed by the relevant financial regulatory authorities in our operating countries.

5. User Responsibilities & Acceptable Use Rules

You are solely responsible for safeguarding your security credentials, including account passwords, multi-factor authentication (MFA) codes, transaction PINs, and biometric login parameters. Any transaction executed using your authorized credentials or linked payment method shall be deemed initiated and approved by you.

You agree not to use the platform for any of the following prohibited activities:

• Money laundering, terrorist financing, or unlawful financial activities.
• Purchase or sale of illegal goods, counterfeit items, or unauthorized products.
• Fraudulent chargebacks, card testing, or exploiting technical platform errors.
• Unlicensed gambling, betting operations, or pyramid financial schemes.
• Unauthorized commercial resale of utility products or platform services.

6. Intellectual Property & Limited License

All rights, titles, and interests in and to the OuiPay software, mobile applications, visual interfaces, logos, service marks, and proprietary technologies are the exclusive property of OuiPay Technologies Limited.

Subject to compliance with these Terms, OuiPay grants you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the platform solely for personal or authorized business payment operations.

7. Disclaimer of Warranties

The platform and all associated services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory.

OuiPay disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that technology operations will be uninterrupted or error-free during third-party network outages.

8. Limitation of Liability

To the maximum extent permitted by applicable statutory law, in no event shall OuiPay, its directors, officers, employees, partners, or service providers be held liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, revenue, data, or business opportunity) arising out of or related to your use of the platform.

The aggregate financial liability of OuiPay for any direct claims arising under this Agreement shall be limited to the total service fees paid by the User to OuiPay in the 12 months preceding the event giving rise to the claim, or the local currency equivalent of $100 USD, whichever is lower.

9. Indemnification

You agree to defend, indemnify, and hold harmless OuiPay Technologies Limited, its parent entity, affiliates, officers, directors, and employees from and against any third-party claims, liabilities, losses, expenses, or legal fees arising out of your breach of these Terms, your violation of statutory laws, or your misuse of the platform.

10. Account Freeze, Suspension, & Closure

OuiPay reserves the right to suspend, restrict, or freeze any Account, payment method authorization, or transaction routing without prior notice under the following circumstances:

• Reasonable suspicion of fraudulent, illegal, or unauthorized activity.
• Direct directives or regulatory notices issued by law enforcement authorities or licensed financial partners.
• Failure to supply requested KYC verification documentation.
• Breach of any provision of this User Service Agreement.

11. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without giving effect to conflict-of-law principles.

In the event of a dispute arising out of or in connection with this Agreement, the parties shall first attempt in good faith to resolve the dispute through informal negotiation within 30 Business Days. If unresolved, the dispute shall be referred to and finally resolved by binding arbitration under the Arbitration and Mediation Act of Nigeria. Venue for arbitration shall be Lagos, Nigeria.

12. Severability, Amendments, & Official Contacts

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

OuiPay reserves the right to modify these Terms at any time. Notice of material changes will be communicated via in-app notifications or published on the platform with an updated effective date. Continued use of the platform after updates constitutes binding acceptance.

For legal notices or official contractual inquiries, contact our Legal team at legal@ouipay.africa.