END USER LICENSE AGREEMENT (EULA)

WoWSpent Mobile Application

Effective Date: April 17, 2025

1. INTRODUCTION

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User," "you," or "your") and WoWSpent Ltd. ("WoWSpent," "we," "us," or "our") for the WoWSpent mobile application ("Application"), including all related documentation, updates, and services provided through the Application.

By downloading, installing, accessing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download, install, access, or use the Application.

2. LICENSE GRANT AND RESTRICTIONS

2.1 License Grant

Subject to your compliance with this EULA, WoWSpent grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on a compatible mobile device that you own or control, solely for your personal or business use as permitted within the Application.

2.2 License Restrictions

You agree not to, and will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application
  • Copy or use the Application for any purpose other than as permitted under this EULA
  • Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application
  • Remove, alter, or obscure any proprietary notice (including any copyright or trademark notice) of WoWSpent or its affiliates
  • Use the Application to send automated queries to any website or to send unsolicited commercial emails
  • Use the Application to harm, threaten, or harass another party, or in any way that might damage, disable, overburden, or impair the Application

3. USER CATEGORIES AND SUBSCRIPTIONS

3.1 User Categories

The Application supports three primary user categories:

  • Customers: End users who place food orders through the Application
  • Restaurants: Food service establishments that receive and fulfill orders
  • Riders: Delivery personnel who transport orders from restaurants to customers

3.2 Subscription Requirements

3.2.1 Restaurant Subscriptions

Restaurants must subscribe to one of the following plans to use the Application:

  • Monthly: GHS 50.00 (USD 2.99)
  • Bi-Annually: GHS 250.00 (USD 17.99)
  • Yearly: GHS 450.00 (USD 29.99)

3.2.2 Rider Subscriptions

Riders must subscribe to one of the following plans to use the Application:

  • Monthly: GHS 25.00 (USD 1.99)
  • Bi-Annually: GHS 125.00 (USD 8.99)
  • Yearly: GHS 225.00 (USD 14.99)

3.2.3 Customer Use

Customers may download and use the Application free of charge.

3.3 Subscription Management

  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
  • Payment will be charged to your account at confirmation of purchase
  • You can manage and cancel your subscriptions through your app store account settings
  • No refunds will be provided for any unused portion of a subscription period

4. SERVICE FEES AND COMMISSIONS

4.1 Commission Structure

In addition to subscription fees, WoWSpent will collect a percentage of earnings generated through the Application from restaurants and riders. The current commission rates are:

  • Restaurant Commission: A percentage of the value of each order processed through the Application
  • Rider Commission: A percentage of delivery fees earned through deliveries arranged via the Application

4.2 Payment Processing

All payments within the Application are processed through PayStack. Additional transaction fees may apply.

4.3 Taxes

Value Added Tax (VAT) of 21.9% applies to all transactions and subscriptions where required by law.

5. USER ACCOUNTS AND SECURITY

5.1 Account Creation

To use certain features of the Application, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your registration information
  • Keep your account credentials confidential and secure

5.2 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your account password
  • Restricting access to your mobile device
  • All activities that occur under your account or on your device

You must notify WoWSpent immediately of any unauthorized use of your account or any other security breach.

6. USER CONDUCT

6.1 General Conduct

You agree to use the Application in compliance with all applicable laws and regulations. You shall not use the Application to:

  • Infringe upon or violate the rights of WoWSpent, our users, or any third party
  • Engage in or promote any fraudulent, abusive, or illegal activity
  • Transmit any harmful code, such as viruses, or disrupt the functionality of the Application
  • Impersonate any person or entity

6.2 Content Guidelines

You are solely responsible for any content you post or share through the Application. Content must not be:

  • Unlawful, harmful, threatening, abusive, or harassing
  • Defamatory, libelous, vulgar, obscene, or otherwise objectionable
  • In violation of intellectual property rights or privacy rights of any party

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership

The Application, including all content, features, functionality, and user interface elements, is owned by WoWSpent and is protected by copyright, trademark, and other intellectual property laws. WoWSpent reserves all rights not expressly granted in this EULA.

7.2 User Content

You grant WoWSpent a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display any content you submit through the Application for the purpose of operating and improving the Application and related services.

8. PRIVACY

8.1 Privacy Policy

Your use of the Application is also governed by our Privacy Policy, which is incorporated by reference into this EULA. Our Privacy Policy is available at https://wowspent.com/privacy-policy/.

8.2 Data Collection and Use

By using the Application, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1 Disclaimers

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WOWSPENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WOWSPENT DOES NOT WARRANT THAT THE APPLICATION WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, OR THAT DEFECTS WILL BE CORRECTED.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOWSPENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR USE OR INABILITY TO USE THE APPLICATION
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION

9.3 Limitation Amount

IN ANY CASE, WOWSPENT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION OR SERVICES WITHIN THE PRECEDING THREE (3) MONTHS, OR GHS 500.00, WHICHEVER IS LESS.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless WoWSpent and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this EULA or your use of the Application.

11. TERM AND TERMINATION

11.1 Term

This EULA is effective until terminated by you or WoWSpent.

11.2 Termination by You

You may terminate this EULA by uninstalling the Application and all copies from your devices.

11.3 Termination by WoWSpent

WoWSpent may, in its sole discretion, terminate this EULA and your access to the Application, or suspend or terminate your account at any time if:

  • You violate any provision of this EULA
  • You fail to make any payment when due
  • You infringe upon the intellectual property rights of any party
  • You engage in fraudulent or illegal activities
  • WoWSpent ceases providing the Application

11.4 Effect of Termination

Upon termination:

  • All rights granted to you under this EULA will terminate
  • You must cease all use of the Application and delete all copies
  • Termination will not affect any rights or remedies available to WoWSpent
  • Provisions of this EULA that by their nature should survive termination shall survive

12. MODIFICATIONS TO THE EULA

WoWSpent reserves the right to modify this EULA at any time. If we make material changes, we will notify you by email, through the Application, or by presenting you with a new version of the EULA the next time you use the Application. Your continued use of the Application after such modifications constitutes your acceptance of the modified EULA.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

This EULA shall be governed by and construed in accordance with the laws of Ghana, without regard to its conflict of law principles.

13.2 Dispute Resolution

Any dispute arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts in Ghana.

14. GENERAL PROVISIONS

14.1 Entire Agreement

This EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitutes the entire agreement between you and WoWSpent concerning the Application.

14.2 Severability

If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14.3 No Waiver

The failure of WoWSpent to enforce any right or provision of this EULA will not be deemed a waiver of such right or provision.

14.4 Assignment

WoWSpent may assign this EULA, in whole or in part, at any time with or without notice to you. You may not assign, transfer, or sublicense your rights or obligations under this EULA without the prior written consent of WoWSpent.

15. CONTACT INFORMATION

If you have any questions about this EULA, please contact us at:

  • Email: contactus@wowspent.com
  • Phone: +233 (020) 084-4798 or +233 (053) 049-8632

By downloading, installing, or using the WoWSpent Application, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.