Terms & Conditions

These Terms and Conditions govern your access to and use of the services provided by Whykay Digital Limited. This App is owned and operated by Whykay Digital Limited (referred to as "We," "Our," "Us" or "Whykay" while "You," "Your," "User" and "Client" refers to the individual accessing or using this App or services provided by Whykay Digital Limited.

By using our service, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, our Privacy Policy, and any other policies or guidelines issued by Whykay Digital Limited from time to time (collectively referred to as the "Terms"). If you do not agree to all the stated terms and conditions on this App, then do not continue as you may not be allowed to use the service.

Kindly read through our Terms and Conditions, Privacy and other policies available on the Platform that govern the access and use of our services. By accepting these Terms, you acknowledge, accept, consent and undertake to be bound by, comply and adhere to the Terms and if you do not agree to these Terms, you are not entitled to the use of this App and any use thereafter shall be unauthorised.

Upon access to our App and Services, you shall be considered a 'User' for the purpose of these terms. Thus, you hereby agree to fully comply with all the conditions in connection to the use of our App.

You accept and agree that We have the reserved right to report any suspicious and/or illegal activity to the appropriate legal machineries without notice to you.

To use Our services, you must be legally capable of entering into a contract under the laws of the Federal Republic of Nigeria. You agree to use the Platform and services only for lawful purposes and in compliance with all applicable laws and regulations.

To identify you correctly and operate the service, we collect the following from you (Identity Data):

• Full Name
• National Identification Number (NIN)
• Bank Verification Number (BVN)
• Phone number
• Email address
• Residential Address
• Selfie image captured during verification (where required)

We also collect limited technical and payment-related information necessary for the operation and administration of the service ("Operational Data"):

• Device identifiers and user agents (app version/OS)
• IP addresses and timestamps related to account access
• Bank payout details (bank name, account name, account number, payout references)

By using Our services, you represent and warrant that:

• All information provided to Us is true, accurate, complete, and up to date;
• You will promptly notify Us of any changes to your information; and
• You will comply with all verification and compliance requirements requested by Us from time to time.

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials, passwords, devices, and authentication information; and
• All activities conducted through or under your account.

Whykay Digital Limited provides digital asset and related payment services through its platform and may utilize third-party infrastructure providers, custodial partners, payment processors, and API integrations for the operation and delivery of such services.

Through our App, we may:

• Generate wallet addresses for users for the receipt and processing of supported digital assets;
• Facilitate digital asset deposits, withdrawals, transfers, conversions, settlements, and related payment services;
• Process payouts and settlements through supported financial institutions and payment partners;
• Conduct identity verification, transaction monitoring, compliance checks, and fraud prevention procedures; and
• Provide additional services such as airtime purchases, bill payments, gift card services, betting wallet top-ups, and other related digital payment solutions.

• Third-Party Services: Certain services provided by us may rely on third-party providers, partners, custodians, exchanges, banking institutions, or blockchain networks. We shall not be liable for delays, interruptions, errors, or failures caused by such third parties.
• No Control Over Blockchain Networks: Transactions conducted on blockchain networks are irreversible once confirmed. We shall not be responsible for losses arising from incorrect wallet addresses, unsupported assets, incorrect network selections, user errors, or failed blockchain transactions.
• No Investment or Financial Advice: We do not provide investment, financial, legal, tax, or advisory services. Any information provided on the platform is for general informational purposes only.
• Transaction Timing and Rates: Transaction processing times, settlement periods, conversion rates, and payouts may vary due to market conditions, blockchain confirmations, banking systems, liquidity, technical issues, or other operational factors.
• User Responsibility: Users remain solely responsible for the security of their wallets, devices, private keys, passwords, and account credentials, as well as compliance with applicable laws relating to their use of the platform.

• We may charge transaction fees, processing fees, withdrawal fees, network fees, or other applicable service charges in connection with the use of its platform and services. Any applicable fees will be disclosed on the platform or communicated to users prior to the completion of a transaction.
• Conversion rates, exchange rates, and applicable charges displayed on the platform at the time a transaction is confirmed shall constitute the applicable rate for that transaction. By proceeding with a transaction, you acknowledge and accept the applicable rates and fees.
• We reserve the right to revise, introduce, modify, or discontinue any fees, charges, or rates at any time. Any such changes will become effective upon publication on the platform or our other communication channels.

We will process payouts and settlements within a reasonable timeframe. However, payout processing times may be affected by banking systems, blockchain network confirmations, technical maintenance, third-party service providers, payment processors, or other operational factors beyond our control.

Whykay shall not be liable for any delay, failed transaction, or interruption caused by banks, payment processors, networks, third-party providers, force majeure events, or any circumstance outside our control.

Billers, gift cards, and other third-party services are provided "as is." Whykay shall not be responsible for third-party errors, policies, or downtime.

You agree to use our App and services only for lawful purposes and in compliance with all applicable laws, and regulatory requirements.

You are solely responsible for:

• The legality of your activities and transactions conducted through the platform;
• The accuracy of wallet addresses, bank details, networks, transaction instructions, and amounts provided by you;
• The lawful source and ownership of any digital assets or funds used in connection with the platform; and
• Any taxes, levies, duties, reporting obligations, or other liabilities applicable to your use of our services.

Without limiting any other rights available to Whykay under applicable law or these Terms, We reserve the right, where necessary for compliance, security, fraud prevention, risk management, or the protection of users and the integrity of the platform, to review, monitor, delay, restrict, suspend, refuse, reverse, or place limits on any transaction, account, or platform feature.

We may also disclose information to competent authorities where required by law, regulation, court order, or valid legal process. Such actions may be taken without prior notice and shall not constitute any representation or guarantee that unlawful, fraudulent, suspicious, or prohibited activities will always be detected, prevented, blocked, reversed, or remedied.

You agree to cooperate with Us in connection with any lawful request for information, documentation, identity verification, compliance review, or investigation.

You further acknowledge and agree that Whykay is a digital asset service platform and not a bank, exchange, broker, custodian, trustee, investment advisor, or financial advisor. We do not hold users' private keys and does not control users' external wallets.

We collect Identity Data and Operational Data listed in Section 5 to:

1. confirm your identity,
2. operate and improve the service,
3. communicate with you, and
4. comply with legal obligations.

We do not verify or request information via social media DMs. Verification happens only inside Our App. For more information on how We collect, use, store, and protect personal data, Users should refer to Our Privacy Policy available on the platform.

Where required by applicable law or information-sharing obligations, we may share limited identity/payment information we hold with competent authorities or authorized counterparties. Disclosures are limited to what is necessary and lawful.

We aim to provide continuous access to our services 24/7; however, availability is not guaranteed at all times. The platform may be temporarily unavailable due to maintenance, system upgrades, technical issues, outages, or failures of third-party service providers. We may modify, suspend, or discontinue any part of our services or features at any time, with or without notice.

You must not use Whykay for any unlawful, fraudulent, or abusive activity, including violating laws, infringing rights, bypassing security, disrupting the service, misrepresenting identity (including use of another person's NIN), or harming the platform or other Users. We may restrict, suspend, or terminate any account involved in such conduct or any breach of these Terms or applicable law.

Nothing on Our platform constitutes financial, investment, legal, or tax advice. The services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, We disclaim all warranties, express or implied, including warranties of uninterrupted access, specific processing times, exchange or conversion rates, and recovery of incorrectly or mistakenly sent funds. We make no representation or guarantee that any attempted or completed fraudulent, unlawful, or unauthorized activity will be detected, prevented, blocked, reversed, or remedied.

We shall not be liable to you or any other person for any losses or damages of any nature arising out of or in connection with the use or inability to use our Services.

You agree to indemnify and hold Whykay harmless from any claim, loss, or cost (including reasonable legal fees) arising from your unlawful use, your violation of these Terms, your mis-addressed or unsupported-asset transfers, or your failure to comply with legal obligations.

We may suspend, restrict, or terminate your access to the platform at any time, at its discretion, including where required for legal, regulatory, security, or suspected breach of these Terms. You may stop using the services at any time by discontinuing access to the platform.

We may update or modify these Terms at any time. Any changes will take effect once they are posted on the App. Your continued use after such updates or changes, you agree to be bound by the revised and updated Terms.

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Lagos State, Nigeria, except where otherwise required by applicable law.

This AML Policy outlines the measures adopted by Whykay to prevent, detect, and mitigate the risk of its platform and services being used for money laundering, terrorist financing, fraud, or other unlawful activities. It applies to all Whykay services, personnel, contractors, and agents who handle identity data, transactions, official requests and regulatory information.

• Off-ramp Service Only: Whykay enables users to convert supported digital assets into Nigerian Naira (NGN). Users transfer digital assets to a designated wallet address, and upon confirmation, Whykay processes the equivalent NGN payout to the user's nominated bank account.
• Service: We do not hold or control users' private keys and We do not provide wallet custody services.
• Transaction Finality: Blockchain transfers are generally irreversible. We will not be responsible for losses arising from transfers made to incorrect wallet addresses, networks, or unsupported assets.

We operate in compliance with the applicable laws and regulations of the Federal Republic of Nigeria and any binding orders issued by competent regulatory, law enforcement, or judicial authorities. Where cross-border compliance obligations apply (e.g., information-sharing between VASPs), we respond as required by the applicable law.

• Know Your Customer (KYC): We verify user identity before granting access to our services.
• Risk-Based Controls: We apply proportionate controls and monitoring measures based on the nature and risk profile of the services and users.
• Protective Actions: We may review, delay, restrict, reverse, refuse, suspend, or limit transactions or account access where required by law, regulation, or to protect the integrity of the service.
• No Guarantee: While we implement reasonable controls, it does not guarantee that unlawful activities will be detected, prevented, blocked or remedied.

To verify customer identities and comply with applicable AML requirements, we collect and process certain customer and transaction information, including:

All customer verification procedures must be completed through Whykay App, not by DM or social media platforms.

Whykay reserves the right to restrict, suspend, or terminate access to its services where a user violates this Policy, applicable law, or Whykay's compliance requirements.

• Large-volume awareness. To comply with applicable AML requirements and protect the integrity of its services, we may review large-volume transactions (e.g., unusually high value or activity).
• Travel Rule/Information-sharing. Where required by applicable law or information-sharing obligations between Virtual Asset Service Providers, we may share relevant originator/beneficiary information we hold with authorized counterparties or authorities.
• Actions we may take. Where required by law or necessary to protect users/service integrity, we may review, delay, restrict, refuse, reverse, limit or report activity where required to competent authorities. Such actions may be taken without prior notice and do not create a duty/guarantee that all unlawful activities will be detected or prevented.

We retain Identity and Operational Data, transaction and payout records, and official correspondence for a minimum period of five (5) years after the user's account is closed or the business relationship has ended.

However, records may be retained for a longer period where required by applicable law or regulatory obligations and to the extent necessary to operate the service, respond to valid legal requests, and protect users and Whykay.

• Compliance contact: support@whykay.net
• We respond to valid legal process from competent authorities. Where lawful and necessary, we can provide only the information we hold, which may include Identity Data, Operational Data and Service records (deposit addresses generated, amounts/timestamps, payout bank details & references).
• We can preserve records upon written request from a competent authority.
• Where a freezing or transfer is sought, Whykay requires an appropriate freezing order or other valid legal authority.
• Data is transmitted via secure channels (e.g., encrypted archive with out-of-band key exchange).

Whykay complies with applicable sanctions laws, regulatory requirements, and lawful directives issued by competent authorities. Where Whykay receives a binding directive requiring the restriction of a person, entity, account, or activity, Whykay will act accordingly and may limit, suspend, refuse, or terminate services, and take any other action consistent with law.

• Management: Responsible for overseeing the implementation of this Policy and ensuring that adequate resources are available to support compliance with applicable laws and regulations.
• Compliance Function: Responsible for customer due diligence, transaction monitoring, record retention, regulatory reporting, and the handling of law enforcement and regulatory requests.
• Access Controls: Identity and operational information may only be accessed by authorized personnel for legitimate business, compliance, legal, or regulatory purposes.

We aim to provide continuous access to our services 24/7; however, availability is not guaranteed at all times.

We may amend or update this Policy from time to time. The current version of this Policy will be published in Whykay App and will take effect upon publication unless otherwise stated.

This Policy is intended to set out Whykay's internal compliance standards and regulatory obligations. It does not create any rights, benefits, or remedies in favor of any third party, nor does it create any private cause of action against Whykay.