Dispute Resolution

23.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at legal@subsecute.com and attempt to resolve the dispute informally within thirty (30) days. Most concerns can be resolved quickly through our support channels.

23.2 Mediation

If informal resolution fails, either party may refer the dispute to mediation under the Lagos Multi-Door Courthouse mediation rules. The mediation shall take place in Lagos, Nigeria. Both parties agree to participate in good faith and bear their own costs of mediation.

23.3 Arbitration

If the dispute is not resolved through mediation within sixty (60) days, either party may refer the dispute to binding arbitration administered under the Arbitration and Mediation Act 2023. The arbitration shall be conducted in Lagos, Nigeria, in the English language, before a sole arbitrator mutually agreed upon by both parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

For claims not exceeding NGN 100,000, either party may elect to resolve the dispute through the Magistrate Court in lieu of arbitration.

23.4 Class Action Waiver

You agree that, to the extent permitted by applicable Nigerian law, you will pursue claims against us on an individual basis, except where representative proceedings are mandated or permitted under the Federal Competition and Consumer Protection Act 2018.

23.5 Time Limitation

To the extent permitted by applicable law, you agree that any claim arising out of or related to these Terms or the Service must be filed within two (2) years after the cause of action arose, or the claim shall be permanently barred.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict-of-law principles. Subject to the dispute resolution provisions in Section 23, the courts of Lagos State, Nigeria, shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email, in-app notification, or by posting the updated Terms on the Platform with a revised "Last Updated" date. Material changes will take effect no earlier than fourteen (14) days after notice is given, unless a shorter period is required by law or regulation.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and close your Account before the changes take effect.

If you close your Account due to material changes to these Terms within thirty (30) days of notification, any remaining wallet balance will be refunded without deduction of withdrawal fees.

Severability & Waiver

26.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

26.2 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall only be effective if made in writing and signed by an authorised representative of Subsecute.

26.3 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Subsecute with respect to the Service and supersede all prior or contemporaneous understandings, whether written or oral.

26.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate or successor entity without your consent, provided such assignment does not materially diminish your rights under these Terms.

Force Majeure

Subsecute shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, wars, terrorism, riots, government actions or orders, CBN regulatory changes, power failures, internet or telecommunications outages, cyberattacks, failures of third-party service providers, banking system failures, or any other event of a similar nature. In the event of a force majeure event, our obligations shall be suspended for the duration of the event.

We will notify affected users of a force majeure event as soon as reasonably practicable.