TERMS OF SERVICE

Effective Date: 12 August 2025

These Terms of Service (“Terms”) govern your access to and use of the CapitalFlex website, applications, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and any policies referenced herein, including our Privacy Policy. If you do not agree, do not use the Services.

1. Definitions

“CapitalFlex”, “we”, “us”, “our” means the CapitalFlex business entity operating the Services.

“User”, “you”, “your” means any individual or entity that accesses or uses the Services.

“Account” means a registered profile enabling access to features of the Services.

2. Eligibility & Territory

  • You must be at least 18 years old and legally capable of entering into a binding contract.
  • The Services are primarily intended for use within Nigeria. Some features may be limited or unavailable outside Nigeria.
  • By using the Services, you represent that your use complies with all applicable laws and regulations.

3. Account Registration, KYC & Security

  • You agree to provide accurate, current, and complete information and to update it as needed.
  • We may request identity verification (e.g., BVN/NIN, valid ID, address verification) and perform risk screening in line with regulatory requirements.
  • You are responsible for safeguarding credentials and for all activity under your Account. Notify us immediately of any suspected compromise.
  • We may refuse, suspend, or close Accounts where we cannot complete KYC, detect risk, or for legal/regulatory reasons.

4. Permitted Use & Prohibited Activities

You may use the Services only for lawful purposes and in accordance with these Terms. You may not:

  • Violate any applicable law, regulation, sanctions, or card/payment network rule.
  • Engage in fraud, money laundering, terrorist financing, or other financial crimes.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Use the Services for prohibited business categories (including unlawful goods/services, deceptive schemes, or intellectual property infringement).
  • Scrape, reverse engineer, or attempt to gain unauthorized access to the Services or related systems.

5. Fees, Payments & Settlement

  • Fees and charges (if any) will be disclosed within the Services or applicable pricing schedules and may change from time to time.
  • By initiating a payment, you authorize us and our partners to debit, credit, hold, or reverse funds as necessary to complete the transaction and address chargebacks, disputes, or errors.
  • Settlement timelines are subject to banking hours, network availability, and partner processing. Delays may occur due to compliance reviews or system outages.
  • We may set transaction limits, velocity limits, and balance limits for risk and compliance purposes.

6. Service Availability & Changes

  • The Services may be modified, suspended, or discontinued at any time, with or without notice, for maintenance, upgrades, or legal/regulatory reasons.
  • We may introduce new features or remove features. Continued use after changes constitutes acceptance.

7. Intellectual Property & License

  • All content, trademarks, logos, graphics, software, and documentation are owned by or licensed to CapitalFlex and are protected by law.
  • We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.
  • You may not copy, modify, distribute, sell, lease, or create derivative works from the Services without prior written consent.

8. Your Content & Communications

  • You are responsible for content you submit. You represent you have the rights to submit it and that it is accurate and lawful.
  • You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content solely to provide the Services.
  • By providing contact details, you consent to receive service-related communications (including security alerts and legally required notices) electronically.

9. Privacy, Data Protection & Security

  • Our processing of personal data is described in our Privacy Policy. By using the Services, you consent to such processing.
  • We implement administrative, technical, and physical safeguards designed to protect data; however, no method is 100% secure.
  • You must not share sensitive credentials and must follow security best practices when accessing the Services.

10. Third-Party Services

  • The Services may integrate with third-party banks, payment processors, identity providers, billers, or networks. Use of third-party services may be subject to their terms.
  • We are not responsible for the content, accuracy, or availability of third-party services or sites.

11. Compliance, Nigerian Regulations & Disclosures

  • We operate subject to applicable Nigerian laws, regulations, and directives (including, where relevant, Central Bank of Nigeria rules and anti-money laundering/counter-terrorist financing requirements).
  • Where Services involve stored value or settlement via partner financial institutions, coverage such as deposit insurance (e.g., NDIC) may apply only if expressly stated by the partner bank and subject to their terms.
  • We may place holds, reverse transactions, or report activity to authorities where required by law or risk policies.

12. Disclaimers & Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPITALFLEX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless CapitalFlex from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees) arising out of or in any way connected with your violation of these Terms or your misuse of the Services.

15. Term, Suspension & Termination

  • These Terms remain in effect until terminated by you or us.
  • We may suspend or terminate access immediately for suspected violations of these Terms, fraud, risk, non-payment, or legal/regulatory reasons.
  • Upon termination, your right to use the Services ceases, but sections that by nature should survive (e.g., IP, disclaimers, liability, indemnity, governing law) shall survive.

16. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of the Federal Republic of Nigeria.
  • Disputes shall first be addressed through good-faith negotiations. If unresolved within 30 days, they shall be referred to arbitration in Nigeria under the Arbitration and Mediation Act, by a single arbitrator. The language shall be English. The arbitral award shall be final, except for rights of challenge under applicable law.

17. Miscellaneous

  • Changes to Terms. We may revise these Terms at any time. Material changes will be indicated by an updated “Effective Date.” Continued use constitutes acceptance.
  • Entire Agreement. These Terms constitute the entire agreement between you and CapitalFlex concerning the Services.
  • Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
  • No Waiver. Failure to enforce any right does not constitute a waiver.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms as permitted by law.
  • Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
  • Electronic Records. You consent to receive agreements, notices, and disclosures electronically.

18. Contact

For questions, support, or complaints:

Email: support@capitalflex.ng
Phone: 0808-CALL-NOW
Office: Abuja, Nigeria

Notice: These Terms and Conditions stands.

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