Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Delight mobile application, website, and all associated products, features, wallets, and services ("Delight", "App", "we", "us", or "our").

By downloading, accessing, or using Delight, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Company Information

2. Acceptance of Terms

By creating an account or using any Delight feature, you acknowledge that you:

• Have read and understood these Terms
• Agree to be bound by them
• Are at least 18 years of age
• Are legally capable of entering into contracts under Nigerian law
• Consent to the use of licensed third-party service providers

3. Nature of Service

Delight is NOT a bank, financial institution, or deposit-taking entity.

• Wallet balances are not deposits and are not insured by Delight
• All wallet balances are held with Sterling Bank Plc via the Embedly platform
• Delight does not pay interest on wallet balances
• We partner with licensed third parties to process payments, transfers, and verifications
• Financial tools are for personal management only and do not constitute financial, legal, or tax advice

4. Account Creation & KYC

To use Delight, you must register and provide accurate information as required, including identity verification documents. We may request additional KYC/AML details at any time as required by regulation.

By registering, you:

• Authorise Delight to create and manage a digital wallet on your behalf
• Consent to the processing of your personal data for verification and compliance
• Confirm that all information provided is accurate and current
• Accept that we may restrict, suspend, or close accounts for suspicious activity or failed verification

5. Wallet & Funds Handling

Your Delight Wallet enables you to store value, make payments, transfer funds, and use various financial management features. All wallet operations are processed through licensed third-party providers.

By using Delight, you grant us authority to:

• Operate and manage your digital wallet
• Execute transactions on your behalf, including automated and recurring transactions
• Freeze, suspend, or close the account for security, regulatory compliance, or suspected fraud
• Debit your account for fees, charges, penalties, or scheduled payments

6. Financial Management Features

Delight offers various financial management tools including budgeting, spending controls, fund locks, spending limits, automated payments, and shared access features. These features are designed to help you manage your finances but are entirely voluntary.

6.1 Voluntary Discipline Features

Certain features (including but not limited to budget locks, spending limits, and automated controls) may restrict access to your funds or impose penalties for certain actions. These features:

• Are entirely voluntary and activated only by your express choice
• May impose fees or penalties as displayed in the App before activation
• Are enforced automatically once enabled
• May cause scheduled payments or transactions to fail
• May continue indefinitely until you take action to disable them

6.2 Penalties and Charges

Certain features may impose penalties or charges for specific actions (such as early termination or exceeding thresholds). By using these features, you:

• Expressly authorise Delight to debit your wallet for any applicable penalties
• Acknowledge that penalty amounts will be displayed before you activate the feature
• Agree that all penalties are final and non-refundable once charged
• Accept that cumulative penalties may exceed any benefits from the feature

6.3 Automated and Recurring Transactions

You may schedule automated or recurring transactions. By doing so, you:

• Authorise recurring automatic debits from your wallet
• Are responsible for ensuring sufficient funds at execution time
• Remain liable for all automated transactions, including those you may have forgotten to cancel
• Acknowledge that execution times are approximate and not guaranteed

6.4 Shared Access

You may grant other users access to spend from your budgets. By enabling shared access:

• You are fully liable for all spending by shared users
• Any penalties incurred by shared users are charged to your wallet
• Revoking access does not reverse past transactions
• Delight is not liable for any misuse, disputes, or losses arising from shared access

7. Assumption of Risk

You acknowledge that these features are tools for self-imposed financial discipline and that Delight has no obligation to warn you, remind you, or prevent you from experiencing negative consequences from features you have voluntarily activated.

8. No Duty to Monitor or Warn

Delight has no duty to:

• Monitor your use of features or account activity
• Warn you before penalties are applied or restrictions take effect
• Remind you of active restrictions, scheduled payments, or recurring features
• Prevent transactions from failing due to restrictions you enabled
• Intervene in disputes between you and shared users

Any notifications or reminders provided are a courtesy and do not create an obligation or guarantee of delivery.

9. Bill Payment Services

Delight provides bill payment services through third-party providers. We act solely as an intermediary and are not the provider of the underlying services (airtime, electricity, subscriptions, etc.).

• You are solely responsible for entering correct payment details
• Incorrect details may result in permanent loss of funds with no refund
• All bill payments are final and irreversible once processed
• Service availability and pricing are controlled by third parties and may change without notice
• Delight is not responsible for provider failures, delays, or service issues

10. Fees and Charges

Applicable fees, penalties, and charges are displayed in the App and may be updated from time to time. Fees may include transaction fees, penalty charges, and third-party charges. By using the App, you agree to pay all applicable fees as displayed at the time of the transaction.

All fees and penalties are non-refundable.

11. User Responsibilities

You are responsible for:

• Maintaining the security of your account credentials and transaction PIN
• Ensuring all transaction details are correct before confirmation
• Maintaining sufficient balance for scheduled transactions
• Understanding and accepting the terms of any feature before activation
• Managing active restrictions, automations, and shared access
• Reporting unauthorised access immediately

Delight is not liable for any losses arising from your failure to fulfil these responsibilities.

12. Prohibited Activities

You may not use Delight for any unlawful purpose or in violation of these Terms. Prohibited activities include fraud, money laundering, terrorist financing, illegal transactions, circumventing security features, and any activity that violates applicable laws or regulations.

We may freeze, restrict, or terminate accounts engaged in prohibited activities and report such activities to relevant authorities.

13. Company Rights

We reserve the right to:

• Freeze wallets or delay transactions for security or compliance reasons
• Request additional verification at any time
• Modify features, fees, limits, or thresholds
• Suspend or terminate accounts
• Override user-enabled restrictions when required by law or regulation
• Update the App or these Terms without prior notice

14. Service Limitations & Disclaimers

DELIGHT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

• We do not guarantee uninterrupted or error-free service
• Transaction processing depends on third-party providers
• Scheduled operations may not execute at exact times
• Features may be modified or discontinued at any time
• We make no warranty regarding the suitability of any feature for your particular needs

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

15.1 Exclusion of Liability

Delight shall not be liable for:

• Loss of funds due to user error, incorrect details, or failed transactions
• Penalties or charges resulting from features you voluntarily activated
• Failed payments due to restrictions you enabled
• Third-party provider failures, outages, or delays
• Shared user actions or disputes
• Unauthorised access resulting from compromised credentials
• Service interruptions or downtime

15.2 Exclusion of Consequential Damages

15.3 Liability Cap

If, notwithstanding the foregoing, Delight is found liable for any claim, our total aggregate liability shall not exceed the lesser of: (a) the fees paid by you to Delight in the 90 days preceding the claim, or (b) Ten Thousand Naira (₦10,000).

15.4 Exceptions

Nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, wilful misconduct, or gross negligence by Delight, or any liability that cannot be excluded under Nigerian law.

16. Release of Claims

You hereby release, waive, and forever discharge Delight, its affiliates, officers, directors, employees, agents, and partners from any and all claims, demands, damages, losses, costs, and liabilities arising from or related to:

• Your use of voluntary financial discipline features
• Penalties or charges imposed by features you activated
• Failed transactions resulting from restrictions you enabled
• Actions of shared users you authorised
• Consequences of automated transactions you scheduled

This release is intended to be as broad as permitted by applicable law.

17. Indemnification

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

• Your use of the App or any feature
• Your breach of these Terms
• Your violation of any applicable law or regulation
• Actions of shared users you authorised
• Incorrect information or transaction details you provided
• Third-party claims arising from your use of the App

18. Force Majeure

Delight shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, epidemics, or pandemics
• War, terrorism, civil unrest, or government actions
• Power outages, internet or telecommunications failures
• Banking system failures or third-party provider outages
• Regulatory changes or government directives
• Cyberattacks, system failures, or security incidents

During a force majeure event, Delight's obligations shall be suspended without liability until the event is resolved.

19. Dispute Resolution

19.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Nigeria.

19.2 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the App shall be resolved exclusively by binding arbitration in Lagos, Nigeria, under the Arbitration and Mediation Act 2023. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties. The arbitrator's decision shall be final and binding.

19.3 Class Action Waiver

19.4 Time Limitation

Any claim or cause of action arising from or relating to these Terms or your use of the App must be filed within one (1) year after such claim arose, or be permanently barred.

19.5 Injunctive Relief

Nothing in this section prevents Delight from seeking injunctive or other equitable relief from a court of competent jurisdiction to protect its rights or property.

20. Account Termination

We may suspend or terminate your account at any time for any reason, including violation of these Terms, suspicious activity, regulatory requirements, or extended inactivity.

You may close your account by contacting support. Before closure, you must withdraw all wallet funds and settle any outstanding obligations. Failure to withdraw funds before closure may result in forfeiture.

Upon termination, all active features (automations, restrictions, shared access) will be disabled. Transaction history will be retained as required by law. No refund of any fees or penalties will be provided.

21. Privacy

Your use of Delight is subject to our Privacy Policy available at https://delightfinance.ai/privacy-policy. By using the App, you consent to the collection and processing of your data as described in the Privacy Policy.

22. General Provisions

Entire Agreement: These Terms and the Privacy Policy constitute the complete agreement between you and Delight.

Amendments: We may update these Terms at any time. Material changes will be notified via in-app notification or email. Continued use constitutes acceptance of updated Terms.

Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

Waiver: No failure or delay in exercising any right shall constitute a waiver of that right.

Assignment: You may not assign your rights under these Terms. Delight may assign its rights to any affiliate or successor.

Survival: Provisions relating to limitation of liability, indemnification, release of claims, dispute resolution, and any other provisions that by their nature should survive, shall survive termination of these Terms.

23. Contact Us

If you have questions or complaints, contact us at:

— End of Terms of Use —