Legal

Terms of Service

Effective date: 6 April 2026 · Last updated: 6 April 2026

Welcome to Defray. These Terms of Service (“Terms”) govern your access to and use of the Defray mobile application (iOS & Android) and the website at defray.app (together, the “Service”), operated by Defray (“we”, “us”, “our”).

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

• You must be at least 18 years of age.
• You must be an Australian resident or hold a valid Australian address.
• You must provide accurate, complete, and current information during registration and identity verification (KYC).
• You must not use the Service if you have been previously suspended or removed.

2. Account & Security

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must immediately notify us at team@defray.app if you suspect unauthorised access to your account.
• We may suspend or terminate your account if we detect compromised device security (jailbroken or rooted devices), suspicious activity, or a breach of these Terms.

3. Identity Verification (KYC)

To access card-issuing and payment features, you must complete identity verification in accordance with the Australian ePayments Code and applicable Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) legislation. You agree to provide a valid government-issued ID (driver licence or passport), date of birth, and residential address. Verification is processed through our systems and our payment partner Airwallex.

4. The Service

4.1 Group Funds & Shared Virtual Cards

Defray enables users to create groups for social events, contribute funds to a shared pool, and spend from a shared virtual Mastercard. Key behaviours:

• Pre-funded model — each group member contributes their share before the event. The group card activates only when the funding threshold (set by the organiser) is reached.
• Organiser role — the user who creates a group is the organiser. They set the budget, per-person amount, funding threshold, and dropout rule.
• Dropout rule— if a member withdraws, the organiser’s chosen rule applies (redistribute among remaining members, fill from a waitlist, or block further changes).
• Card usage — the shared virtual card can be used anywhere Mastercard is accepted via tap-to-pay (NFC). Each transaction is automatically split among the designated participants.

4.2 Expenses & Settlements

• Expenses can be created automatically via card taps or manually entered by group members.
• Receipts can be scanned and itemised for line-item splitting.
• At the end of an event, unsettled amounts are resolved using a minimum-transfer algorithm. You are responsible for completing any outstanding transfers shown in the Settle screen.

4.3 Currency

The Service currently supports Australian Dollars (AUD) only. All amounts displayed in the app are in AUD unless otherwise stated.

5. Payment Processing

Payment processing, card issuing, and wallet services are provided by Airwallex Pty Ltd, which holds an Australian Financial Services Licence (AFSL). By using the payment features of the Service, you also agree to Airwallex’s terms and conditions. Defray does not hold an AFSL and acts as a technology platform that facilitates group expense management.

• We do not store your full payment card numbers — these are processed and stored by Airwallex.
• Top-ups and contributions are processed through Airwallex’s secure infrastructure.
• We are not responsible for Airwallex service disruptions, card declines, or transaction processing delays.

6. Fees

Defray is currently free to use during the beta period. We reserve the right to introduce fees in the future, in which case we will provide at least 30 days’ notice via the app or email. Airwallex may charge its own fees for certain transactions (e.g., currency conversion) — these are disclosed at the time of the transaction.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable Australian law or regulation.
• Provide false, misleading, or fraudulent information during registration, KYC verification, or at any other time.
• Use the Service on a rooted (Android) or jailbroken (iOS) device. The app will detect and block access on compromised devices for security reasons.
• Attempt to reverse engineer, decompile, or tamper with the app, its security mechanisms, or its communication with our servers.
• Use the Service to launder money, finance terrorism, or facilitate any other financial crime.
• Abuse, harass, or harm other users, or use group features to intimidate or defraud other members.
• Create groups or expenses for fictitious events for the purpose of manipulating funds.
• Circumvent any rate limits, security measures, or access controls.

8. Reliability Scores

Defray calculates reliability scores for organisers based on payment history and event outcomes. These scores are visible to group members. While we strive for accuracy, reliability scores are informational only and should not be the sole basis for financial decisions.

9. Intellectual Property

All content, features, and functionality of the Service — including but not limited to text, graphics, logos, icons, software, and the underlying code — are owned by Defray or its licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, or create derivative works from any part of the Service without our prior written consent.

10. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by Australian law (including the Australian Consumer Law), we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• Results obtained from the Service will be accurate or reliable.
• The shared virtual card will be accepted at all merchants or in all circumstances.

11. Limitation of Liability

To the maximum extent permitted by Australian law, Defray shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

12. Indemnification

You agree to indemnify and hold harmless Defray, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

• By you — you may delete your account at any time from the Profile screen or by contacting team@defray.app. Outstanding group balances must be settled before deletion.
• By us— we may suspend or terminate your access immediately, without prior notice, if you breach these Terms, provide fraudulent KYC information, or if your device is detected as compromised. We may also terminate the Service entirely with 30 days’ notice.
• Upon termination, your right to use the Service ceases. Sections that by their nature should survive (including Limitation of Liability, Indemnification, and Governing Law) will remain in effect.

14. Modifications to the Terms

We may revise these Terms at any time. We will notify you of material changes at least 14 days before they take effect, via an in-app notice or push notification. Your continued use of the Service after the revised Terms become effective constitutes your acceptance.

15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Defray regarding the Service and supersede all prior agreements and understandings.

18. Contact Us

If you have questions about these Terms, contact us at:

• Email: team@defray.app
• Website: defray.app