Unless otherwise indicated, Nkapsmart and/or its licensors own the intellectual property rights and website elements subject to the license below. All text, formatting including but not limited to the arrangement of elements on the Nkapsmart website and graphics, animation, tools, advertisements, music, video, articles, sound, copy, trade names, logos and other elements and information on the website are subject to the intellectual property rights of Nkapsmart and its affiliates as well as their licensors and licensees (collectively the "Content"). We grant you no rights, licenses, title or interest in any of our intellectual property rights to which you may or may not have access. Such content may not be reproduced, reverse engineered, decompiled, disassembled, modified or transferred to other websites. Nothing contained on the Nkapsmart website shall be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Nkapsmart website without the written permission of Nkapsmart or the third party owner of the trademark. You agree to take such measures, including any legal or official documents or any other documents that may be necessary to further assert our intellectual property rights.

We grant you a non-transferable, non-exclusive, revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes any updates, upgrades, new versions and replacement software that you may use in connection with our Services. The Services are protected by copyright, trademark law and other laws of Cameroon and other foreign countries. No provision of these Terms gives you the right to use the name Nkapsmart or any of Nkapsmart's trademarks, logos, domain names and other distinctive brand features. All right, title and interest in and to the Services are and will remain the exclusive property of Nkapsmart and its licensors. If you fail to comply with all of these provisions, you will be liable for all consequential damages suffered by you, Nkapsmart and all third parties. Unless otherwise provided by applicable law, you agree not to modify, redesign, reproduce, adapt, display, distribute, translate, disassemble, decompile or otherwise attempt to create any source code derived from the software. Any feedback, comments or suggestions you may make to us regarding our services are entirely voluntary and we are free to use them as we see fit without any obligation to you.

NKAPSMART WILL USE ITS BEST EFFORTS TO ENSURE THAT THE WEBSITE IS AVAILABLE AT ALL TIMES AND WITHOUT BUGS. HOWEVER, YOU USE IT AT YOUR OWN RISK. WE PROVIDE ALL MATERIALS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NKAPSMART DOES NOT WARRANT THAT ITS WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ITS WEBSITE WILL REMAIN FREE FROM INTERRUPTION, BUGS, INACCURACIES AND ERRORS. USE OF OUR SERVICES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED. TO USE OUR SERVICES, YOU MUST ACTIVATE 2-FACTOR AUTHENTICATION (2FA) AS AN ADDITIONAL LEVEL OF PROTECTION TO ENSURE THE SECURITY OF YOUR ACCOUNT. NKAPSMART IS NOT RESPONSIBLE FOR LOSSES OR RISKS INCURRED IF YOU DO NOT ACTIVATE YOUR TWO-FACTOR AUTHENTICATION. You are responsible for configuring your information technology, computer programs and platform to access our Services. Be sure to use virus protection software or application, as we cannot guarantee that our Services will be free of viruses or bugs. You must not attempt to gain unauthorized access to our services, computers or databases. You shall refrain from any misuse of our services by introducing Trojan horses, viruses or any malicious or technologically dangerous material.

You may terminate your agreement with Nkapsmart by ceasing to use the Nkapsmart Services. We may suspend or bar your access to our Services at any time and for any reason including, without limitation, any violation of these Terms, fraud, identity theft, etc. Upon termination, you will immediately lose any right to use the Nkapsmart Services or platform.

Nkapsmart will not solicit or sign an agreement with merchants or sub-merchants (i) in any of the following categories/businesses, or (ii) engaging in any of the following activities unless Nkapsmart enters into a large-scale program with a recognized technology or market-leading partner specializing in these types of activities or businesses and such program is pre-approved by Nkapsmart in its sole discretion. These include the following activities:

• Age-restricted products or services.
• Any sub-merchant whose expected percentage of international card sales is expected to exceed 20% of total sales.
• Marketplaces that connect buyers and sellers for online purchases.
• Crowdfunding, as defined by Nkapsmart from time to time.
• Dating services.
• Internet/mail order pharmacies.
• NGOs/Charitable associations.
• Money transfers, wire transfers, money orders, check issuers and cashers.
• Payment facilitators (unless registered and licensed).
• Personal enhancement and/or nutraceutical products.
• Sports betting, sports prediction or odds determination with a prize or reward of monetary or material value.
• Investment or brokerage services including but not limited to the purchase of securities or crypto.
• Lending, debt settlement or collection services.
• "Buy now and pay later" incentive services and other installment lending services.
• Insurance services, whether as direct underwriter, agent or broker.
• Digital wallets, cryptocurrency, non-fungible tokens (NFTs) or prepaid card companies.
• Neobanks or other FinTechs partnering with licensed financial institutions to offer banking or other financial services to consumers and/or businesses.
• Businesses facilitating money transfer or other fund transfer services.
• Travel services including airlines, cruise lines, timeshare programs, tour operators, travel agencies and vacation/accommodation rentals.
• Prepaid phone cards and SIM cards.
• Stored value services resold or offered on behalf of another party.
• Government agencies, including but not limited to: Embassies, Consulates, and Government Services.
• Shipping or drop shipping services.
• Cannabis-related products or services, including distributors, delivery services and CBD/THC products.
• Lotteries.
• Internet gambling.
• Cryptocurrency.
• Cryptocurrency.
• Any other activity or business that Nkapsmart deems high risk in its sole discretion.
• Any activity or business requiring a specific license or permit not obtained.

Nkapsmart will not solicit or sign an agreement with merchants or sub-merchants (i) in any of the following categories/businesses, or (ii) engaging in any of the following activities, as updated by Nkapsmart in its sole discretion from time to time, as they are prohibited by Nkapsmart and/or card brand rules:

• Any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more card brands.
• Any Merchant selling goods or services that constitute a violation of any law, statute or regulation.
• Any Merchant selling products that infringe the intellectual property rights of others, including counterfeit products or any product or service that infringes the copyright, trademark or trade secrets of a third party.
• Any Merchant engaged in the unauthorized sale of branded or designer products or services.
• Any Merchant accepting a card in payment of a dishonored check or a note deemed uncollectible by another merchant.
• Any Merchant accepting a card at a script distribution terminal.
• Adult entertainment and/or adult content websites including adult content merchants (video text) in e-commerce.
• Bestiality.
• Activities that are detrimental to brand or reputation, potential or otherwise, including child pornography, escort services, prostitution, mail order brides and occult activities.
• Digital wallet or prepaid businesses.
• Drug paraphernalia.
• Firearms, weapons, ammunition, gunpowder, fireworks and other explosive substances, chemicals or devices.
• Research chemicals, peptides and other toxic, flammable or radioactive materials.
• Investment merchants, businesses or programs or "Get rich quick" programs.
• Marijuana, marijuana products, related services.
• Multi-level marketing companies.
• Negative option, continuity subscription practice or any negative response marketing technique.
• Pawn shops.
• Pseudo-pharmaceuticals.
• Psychic and occult services.
• Quasi-cash or stored value.
• Substances designed to mimic illegal drugs.
• Virtual currency/cryptocurrency or credit transaction that can be monetized, resold or converted into physical or digital goods or services.
• Identification services.
• Business, content, services or behavior that encourages, glorifies or engages in violence, physical or virtual harm to property, persons or groups based on race, national origin, religion, disability, gender or sexual orientation.
• Predatory financial services, including but not limited to credit counseling, wealth management or loan counseling.
• Pornography or adult products and services including images, videos, audio, adult books, live chat services or other media that promote explicitly sexual behavior.
• Bail bond services, bankruptcy attorneys or law firms collecting funds for any service other than legal services fees.
• In-person gambling, lotteries or contests, fantasy sports leagues offering cash or in-kind prizes or rewards.
• Bidding fee auctions.
• Use of Nkapsmart's cardless payment stream as a virtual Point of Sale terminal for physical card transactions.
• Currency exchange services.
• Any illegal activity or product or promoting illegality.
• Any illegal activity or product or promoting illegality.
• Unregulated cryptocurrency trading services.
• Sale of personal data or confidential information.
• Money laundering or sanctions evasion services.
• Any other activity prohibited by card network regulations.