Terms of Use

1. Introduction

These Terms of Use govern your access to and use of the DAT PAY website, digital platform, client console, applications, APIs and related technology services.

DAT PAY is operated by HACHTHER SARL, a company incorporated and registered in the Republic of Cameroon under RCCM No. RC/DLA/2019/B/1809, with Unique Identification Number (UIN) M041914224584L.

By accessing or using DAT PAY, you acknowledge that you have read, understood and agreed to these Terms of Use.

If you do not agree with these Terms, you must not access or use the applicable DAT PAY services.

Additional terms may apply to specific products, accounts, transactions or services. Where additional terms apply, they form part of your contractual relationship with DAT PAY or with the relevant service provider.

2. Definitions

For purposes of these Terms:

“DAT PAY”, “we”, “us” or “our” means HACHTHER SARL and the DAT PAY platform.

“User”, “you” or “your” means any individual, business or organisation accessing or using DAT PAY.

“Account” means a user account created to access applicable DAT PAY services.

“Client Console” means the authenticated digital environment through which eligible users may access DAT PAY services.

“Service Provider” means a bank, payment institution, financial institution, digital asset provider, technology provider or other third party involved in providing a service through or in connection with DAT PAY.

“Regulated Service” means a financial, payment, custody, money transmission, electronic money, foreign exchange, investment or other regulated activity that requires a licence, registration or authorisation.

“Transaction” means any payment, transfer, conversion, deposit, withdrawal or other financial instruction submitted through the platform.

3. DAT PAY’s Role

DAT PAY is a financial technology and infrastructure platform.

DAT PAY provides technology, software, connectivity, interfaces and infrastructure that may facilitate access to services provided by authorised third parties.

Unless expressly stated otherwise and legally authorised, HACHTHER SARL does not itself provide:

• banking services;
• deposit-taking services;
• payment institution services;
• electronic money issuance;
• money transmission;
• custody of client assets;
• regulated foreign exchange services;
• investment management;
• brokerage;
• securities dealing;
• lending;
• financial advisory services.

Where a service requires regulatory authorisation, that service is provided by the relevant authorised institution or service provider.

The availability of a service through DAT PAY does not mean that HACHTHER SARL itself holds the licence required to provide that service.

4. Third-Party Financial Services

DAT PAY may connect users with financial institutions, payment providers, digital asset providers and other specialised service providers.

The relevant service provider may:

• conduct customer due diligence;
• determine whether to onboard a user;
• approve or reject transactions;
• apply transaction limits;
• perform sanctions screening;
• conduct transaction monitoring;
• hold or safeguard assets;
• process payments;
• settle transactions;
• suspend services;
• request additional documentation.

The contractual relationship for a regulated service may therefore exist directly between you and the relevant service provider.

The applicable provider’s terms, privacy notice and regulatory disclosures may apply in addition to these Terms.

5. Eligibility

You may use DAT PAY only if you are legally capable of entering into a binding agreement and satisfy the eligibility requirements applicable to the service you are requesting.

Depending on the product, we may require you to:

• meet minimum age requirements;
• reside in an eligible jurisdiction;
• provide valid identification;
• provide accurate personal information;
• provide business information;
• complete KYC or KYB;
• identify beneficial owners;
• provide source of funds information;
• provide source of wealth information;
• satisfy sanctions and financial crime screening;
• satisfy additional requirements imposed by a Service Provider.

We may refuse access to a service where eligibility requirements are not satisfied.

6. Account Registration

Where an account is required, you must provide complete, accurate and current information.

You must promptly update information that becomes inaccurate or outdated.

You must not:

• create an account using false information;
• impersonate another person;
• use another person’s account without authorisation;
• create accounts for unlawful purposes;
• conceal your identity or beneficial ownership;
• provide forged or misleading documents.

DAT PAY may require additional information at any stage of the customer relationship.

7. Identity and Business Verification

DAT PAY and relevant Service Providers may conduct identity and business verification before or during the provision of services.

Verification may include:

• identity verification;
• address verification;
• document verification;
• biometric verification where legally permitted;
• business verification;
• beneficial ownership verification;
• sanctions screening;
• PEP screening;
• adverse media screening;
• source of funds verification;
• source of wealth verification;
• enhanced due diligence.

Completion of one verification process does not guarantee approval for every DAT PAY service.

Different Service Providers may conduct separate verification processes.

8. Anti-Money Laundering and Financial Crime Controls

DAT PAY maintains controls designed to prevent the misuse of its platform for unlawful financial activity.

You must not use DAT PAY for:

• money laundering;
• terrorist financing;
• proliferation financing;
• sanctions evasion;
• fraud;
• corruption;
• tax evasion;
• proceeds of crime;
• identity theft;
• payment fraud;
• unlawful financial activity;
• transactions involving prohibited persons or jurisdictions.

We may monitor activity for security, fraud prevention, compliance and financial crime purposes.

Where appropriate, we may:

• request additional information;
• delay a transaction;
• reject a transaction;
• restrict an account;
• suspend an account;
• terminate access;
• report information to competent authorities;
• preserve relevant records.

Where disclosure is prohibited by law, we may not be able to explain the specific reason for a restriction or investigation.

9. Sanctions

You must not use DAT PAY in violation of applicable economic sanctions, restrictive measures, embargoes or similar legal requirements.

We may screen users, beneficiaries, counterparties, wallet addresses, transactions and other relevant information against applicable sanctions and risk databases.

A transaction may be delayed, rejected, blocked or subjected to additional review where necessary to comply with applicable sanctions or risk requirements.

A sanctions screening result may require additional verification or human review.

10. Transactions

Transactions may be subject to:

• eligibility requirements;
• verification requirements;
• transaction limits;
• liquidity availability;
• operating hours;
• network availability;
• compliance review;
• sanctions screening;
• fraud controls;
• technical limitations;
• third-party processing requirements.

Submitting a transaction instruction does not necessarily mean that the transaction has been accepted, settled or completed.

A transaction is considered completed only when the applicable system or Service Provider confirms completion.

11. Transaction Accuracy

You are responsible for verifying transaction information before submitting an instruction.

This includes:

• recipient details;
• beneficiary information;
• account details;
• wallet addresses;
• blockchain networks;
• currency;
• asset;
• amount;
• payment reference;
• transaction purpose.

Where a transaction is irreversible or technically difficult to reverse, you may not be able to recover funds sent to an incorrect recipient or address.

DAT PAY and its Service Providers may not be able to reverse a transaction once it has been submitted, processed or settled.

12. Digital Assets and Blockchain Transactions

Where DAT PAY supports digital asset functionality, transactions may be executed or settled through blockchain networks or other digital asset infrastructure.

Blockchain transactions may be irreversible.

You are responsible for confirming:

• the destination address;
• the correct blockchain network;
• the correct digital asset;
• the transaction amount.

Sending an asset through an unsupported network may result in permanent loss.

Blockchain networks are operated independently of DAT PAY.

DAT PAY does not control:

• blockchain network availability;
• blockchain consensus;
• network congestion;
• transaction confirmation times;
• blockchain fees;
• network upgrades;
• forks;
• validators;
• network failures.

Blockchain transactions may remain permanently recorded on the applicable network.

13. Fees

DAT PAY or a relevant Service Provider may charge fees for applicable services.

Fees may include:

• platform fees;
• transaction fees;
• network fees;
• foreign exchange spreads;
• service provider fees;
• withdrawal fees;
• processing fees;
• other applicable charges.

Applicable fees will be disclosed through the relevant service interface or contractual documentation where required.

Third-party providers may charge fees independently of DAT PAY.

You are responsible for reviewing applicable fees before confirming a transaction.

14. Foreign Exchange and Conversion

Where currency conversion is available, the applicable exchange rate may be determined by DAT PAY or the relevant Service Provider depending on the structure of the service.

Rates may change continuously or periodically.

The rate displayed before confirmation may differ from rates available at another time.

DAT PAY does not guarantee that a particular exchange rate will remain available after a transaction has been submitted.

15. Account Balances

Where the DAT PAY interface displays balances, those balances may represent information received from an underlying financial institution, payment provider, digital asset provider or internal accounting system.

The display of a balance does not by itself constitute:

• a bank deposit;
• an electronic money balance issued by HACHTHER SARL;
• a custodial relationship with HACHTHER SARL;
• a guarantee of funds by HACHTHER SARL.

Where funds or assets are held by a regulated financial institution or other authorised provider, the legal treatment of those funds or assets is determined by the applicable contractual and regulatory framework.

16. Account Security

You are responsible for maintaining the security of your account.

You must:

• protect your passwords;
• protect authentication credentials;
• use strong authentication methods;
• enable available security features;
• keep recovery information secure;
• avoid sharing account credentials;
• notify DAT PAY promptly of suspected unauthorised access.

You must not allow another person to use your account unless expressly authorised under the applicable service structure.

DAT PAY will not ask you to disclose passwords, private keys or authentication secrets through an unsolicited communication.

17. Private Keys and Self-Custody

Where a service provides self-custody functionality, you may have direct responsibility for certain cryptographic credentials, recovery mechanisms or private keys.

Where applicable, loss of such credentials may result in permanent loss of access to assets.

DAT PAY cannot guarantee recovery of assets where the underlying architecture places control of private keys or recovery credentials with the user.

You are responsible for maintaining appropriate security and backup procedures for credentials under your control.

18. Availability

We aim to maintain reliable access to DAT PAY.

However, we do not guarantee that the platform will always be:

• available;
• uninterrupted;
• error-free;
• secure against every threat;
• compatible with every device;
• free from delays.

Services may be temporarily unavailable because of:

• maintenance;
• security incidents;
• infrastructure failures;
• network failures;
• third-party outages;
• blockchain network conditions;
• regulatory requirements;
• emergency events;
• telecommunications failures.

19. Third-Party Dependencies

DAT PAY depends on external infrastructure, networks, financial institutions and technology providers.

A failure or limitation affecting a third-party service may affect the availability of DAT PAY services.

Where reasonably possible, we may provide information concerning material service interruptions.

DAT PAY does not guarantee the continued availability of any particular third-party service.

20. Prohibited Activities

You must not use DAT PAY to:

• violate applicable law;
• commit fraud;
• facilitate financial crime;
• evade sanctions;
• conceal the source or destination of funds;
• impersonate another person;
• submit false information;
• manipulate or abuse the platform;
• interfere with security controls;
• introduce malicious software;
• attempt unauthorised access;
• reverse engineer systems except where expressly permitted by law;
• scrape or extract information without authorisation;
• overload or disrupt infrastructure;
• exploit technical vulnerabilities;
• facilitate unlawful gambling or other prohibited activity;
• facilitate the purchase or sale of prohibited goods or services;
• use the platform for any purpose prohibited by applicable Service Provider requirements.

21. Suspensions and Restrictions

DAT PAY may suspend, restrict or terminate access where reasonably necessary to:

• comply with law;
• comply with regulatory requirements;
• comply with sanctions obligations;
• investigate suspected fraud;
• investigate financial crime;
• protect users;
• protect the platform;
• investigate security incidents;
• comply with a Service Provider requirement;
• verify customer information;
• respond to a legal or regulatory request;
• address a breach of these Terms.

Where legally permitted, we will provide appropriate information concerning material restrictions.

Certain restrictions may be confidential by law.

22. Account Termination

You may request closure of your DAT PAY account subject to any applicable contractual, legal, regulatory or transaction requirements.

DAT PAY may terminate or restrict access where permitted under these Terms.

Account closure does not automatically:

• cancel pending transactions;
• eliminate outstanding obligations;
• remove regulatory records;
• delete information that must be retained;
• release assets subject to a legal or compliance restriction.

23. Intellectual Property

DAT PAY and its licensors retain all rights in:

• the DAT PAY name;
• trademarks;
• logos;
• website;
• software;
• interfaces;
• APIs;
• documentation;
• designs;
• content;
• databases;
• systems;
• proprietary technology.

You receive only the limited right necessary to use the services in accordance with these Terms.

You may not reproduce, modify, distribute, sell, lease or commercially exploit DAT PAY intellectual property without written permission.

24. User Content and Information

You remain responsible for information and materials you submit to DAT PAY.

You represent that you have the right to provide such information.

You must not submit information that:

• is false;
• is misleading;
• violates another person’s rights;
• contains unlawful material;
• compromises the security of DAT PAY systems.

You grant DAT PAY the limited rights necessary to process submitted information for the provision, security and administration of the applicable services.

25. Communications

You consent to receiving electronic communications relating to:

• your account;
• transactions;
• security;
• compliance;
• service changes;
• operational notices;
• legal notices.

Electronic communications may be delivered through:

• email;
• the DAT PAY platform;
• client console notifications;
• other electronic channels associated with your account.

Certain communications may be mandatory and cannot be disabled.

26. Privacy

DAT PAY processes personal data in accordance with its Privacy Policy.

The Privacy Policy explains:

• the categories of personal data collected;
• purposes of processing;
• legal bases;
• data sharing;
• international transfers;
• retention;
• security;
• data subject rights.

You should read the DAT PAY Privacy Policy before using the platform.

27. Cookies

DAT PAY uses cookies and similar technologies as described in its Cookie Policy.

Certain technologies are necessary for security, authentication and core platform functionality.

Optional technologies may be subject to consent requirements.

28. Regulatory Disclosures

DAT PAY is a technology and infrastructure platform operated by HACHTHER SARL.

HACHTHER SARL does not claim to be a bank, payment institution, electronic money issuer, money transfer institution, custodian, investment firm or other regulated financial institution unless and to the extent that it holds the applicable authorisation.

Where a regulated service is provided through an authorised institution, the relevant institution remains responsible for the regulated activity within the scope of its authorisation.

Nothing on the DAT PAY website should be interpreted as an offer by HACHTHER SARL to provide an unlicensed regulated financial service.

29. No Financial Advice

Information provided through DAT PAY does not constitute:

• investment advice;
• financial advice;
• legal advice;
• tax advice;
• accounting advice;
• trading advice.

You are responsible for obtaining independent professional advice where necessary.

30. No Guarantee of Financial Outcomes

DAT PAY does not guarantee:

• profits;
• investment returns;
• exchange rate outcomes;
• asset appreciation;
• transaction availability;
• liquidity;
• successful execution of every transaction.

Financial and digital asset markets may involve significant risk.

31. Taxes

You are responsible for determining and complying with your own tax obligations.

DAT PAY may provide transaction or account information where required by law or applicable regulatory requirements.

DAT PAY does not provide tax advice.

32. Complaints and Disputes

If you have a complaint concerning DAT PAY, you should contact us through the official support or contact channel published on the DAT PAY website.

Where a complaint concerns a regulated financial service provided by a third-party institution, the complaint may need to be directed to that institution in accordance with its applicable complaints procedure.

33. Disclaimers

To the maximum extent permitted by applicable law, DAT PAY services are provided on an “as available” basis.

We do not guarantee that:

• the platform will always operate without interruption;
• information will always be complete or error-free;
• transactions will always be processed within a particular timeframe;
• third-party services will remain available;
• blockchain networks will remain operational;
• services will be available in every jurisdiction.

Nothing in these Terms excludes liability that cannot legally be excluded.

34. Limitation of Liability

To the maximum extent permitted by applicable law, HACHTHER SARL will not be liable for indirect, incidental, special, consequential or punitive losses arising from your use of DAT PAY.

This may include losses arising from:

• loss of profits;
• loss of business;
• loss of opportunity;
• loss of data;
• blockchain network failures;
• third-party service failures;
• unauthorised access caused by your failure to protect credentials;
• transactions submitted using incorrect information;
• market movements;
• regulatory restrictions;
• force majeure events.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

35. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless HACHTHER SARL, its officers, employees and authorised representatives from claims, losses, liabilities, costs and expenses arising from:

• your unlawful use of DAT PAY;
• your violation of these Terms;
• fraudulent activity;
• inaccurate information provided by you;
• infringement of third-party rights;
• misuse of your account;
• violation of applicable law.

This provision does not apply to the extent that the relevant loss results from the gross negligence, wilful misconduct or unlawful conduct of HACHTHER SARL where applicable law prohibits such indemnification.

36. Force Majeure

DAT PAY will not be responsible for failure or delay caused by circumstances beyond reasonable control.

Such circumstances may include:

• natural disasters;
• war;
• terrorism;
• civil unrest;
• government action;
• sanctions;
• regulatory intervention;
• telecommunications failures;
• internet outages;
• cyberattacks;
• infrastructure failures;
• power failures;
• banking system interruptions;
• blockchain network failures;
• third-party service failures.

37. Changes to These Terms

We may update these Terms when:

• our services change;
• our technology changes;
• our legal or regulatory obligations change;
• new services are introduced;
• existing services are discontinued;
• our risk management requirements change.

The updated version will be published on the DAT PAY website.

Where required by applicable law, we will provide additional notice.

Your continued use of DAT PAY after the effective date of an updated version constitutes acceptance of the updated Terms, to the extent permitted by law.

38. Severability

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

The invalid provision will be interpreted or replaced to achieve its lawful purpose as closely as possible.

39. No Waiver

Failure to enforce a provision of these Terms does not constitute a waiver of our right to enforce that provision later.

40. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is required.

DAT PAY may transfer or assign its rights and obligations where permitted by law, including in connection with a restructuring, merger, acquisition, financing, sale of assets or corporate reorganisation.

41. Entire Agreement

These Terms, together with applicable product terms, privacy notices, cookie policies and other contractual documents incorporated by reference, constitute the agreement governing your use of the applicable DAT PAY services.

If there is a conflict between these Terms and specific product terms, the specific product terms will apply to the extent of the conflict.

42. Governing Law and Jurisdiction

These Terms are governed by the laws applicable to HACHTHER SARL and the relevant DAT PAY service, subject to any mandatory provisions of applicable law.

Where a specific service is provided by a regulated third-party institution, the governing law and dispute resolution provisions applicable to that service may be established in the agreement between you and that institution.

Nothing in these Terms prevents a consumer or other protected party from exercising mandatory rights available under the laws of the jurisdiction applicable to that party.

43. Contact

For questions concerning these Terms, please use the official contact channels published on the DAT PAY website.

HACHTHER SARL DAT PAY Republic of Cameroon

44. Legal Entity

DAT PAY is a financial technology and infrastructure platform operated by HACHTHER SARL, a company incorporated and registered in the Republic of Cameroon under RCCM No. RC/DLA/2019/B/1809, with Unique Identification Number (UIN) M041914224584L.

HACHTHER SARL provides technology, software, connectivity and infrastructure and may facilitate access to financial services provided by appropriately authorised third parties