Smharty

These Terms of Service (“Terms”) govern your access to and use of the Smharty platform, website, APIs, dashboard, mobile applications, and any related services (collectively, the “Services”) provided by Smharty Limited (“Smharty”, “we”, “us”, or “our”). By accessing or using the Services, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1. Definitions

Merchant – You or the business using the Services to accept payments.
Customer – End-user making payments through your integration with Smharty.
Transaction – Any payment processed via the Services.

2. Eligibility & Registration

You must be at least 18 years old and capable of forming legally binding contracts. Businesses must be duly registered in Nigeria or operate legally within applicable jurisdictions.

To use the Services, you must create an account and provide accurate KYC information as required by CBN regulations and our compliance policies. We reserve the right to reject or suspend accounts that fail verification.

3. Our Services

Smharty provides a payment gateway for accepting card payments, bank transfers, USSD, mobile money, and other methods supported in Nigeria and select African markets. We facilitate authorization, processing, and settlement of Transactions.

We do not act as a bank, money transmitter, or financial institution. We are a technology service provider.

4. Merchant Obligations

Comply with all applicable Nigerian laws, CBN guidelines, NDPR, and card scheme rules (Visa, Mastercard, etc.).
Only process Transactions for lawful goods/services.
Maintain accurate transaction descriptions and receipts.
Implement adequate security (PCI DSS compliance where applicable).
Handle customer disputes, refunds, and chargebacks promptly.
Not engage in prohibited activities (fraud, money laundering, illegal goods, etc.).

5. Fees & Settlement

Fees are as published on our pricing page or agreed in your merchant agreement. Fees may include transaction percentage + flat fee (e.g., 1.5% + ₦100). We reserve the right to update fees with notice.

Settlements are made to your verified bank account in NGN, subject to hold periods, rolling reserves, or deductions for chargebacks, refunds, or fees.

6. Chargebacks, Refunds & Disputes

You are responsible for all chargebacks, reversals, and refunds. Chargeback fees apply. We may recover disputed amounts from your balance or future settlements.

7. Prohibited Activities

You may not use the Services for illegal purposes, high-risk activities without approval (e.g., gambling, adult content unless pre-approved), or in violation of sanctions/AML laws.

8. Intellectual Property

The Services, dashboard, APIs, and content are owned by Smharty or licensed to us. You receive a limited, revocable license to use them solely for integrating and using the payment gateway.

9. Privacy & Data Protection

Your use of the Services is also governed by our Privacy Policy. We process personal data in compliance with the Nigeria Data Protection Regulation (NDPR).

10. Limitation of Liability

To the maximum extent permitted by law, Smharty shall not be liable for indirect, consequential, incidental, or punitive damages. Our total liability shall not exceed fees paid by you in the 12 months preceding the claim.

11. Termination

We may suspend or terminate your access immediately for breach, suspected fraud, regulatory request, or at our discretion with notice.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Nigeria. Disputes shall be resolved by arbitration in Lagos under the Arbitration and Mediation Act or in the competent courts of Lagos State.

13. Changes to Terms

We may update these Terms. Continued use after changes constitutes acceptance. Significant changes will be notified via email or dashboard.

14. Contact Us

Questions about these Terms? Contact us at support@smharty.com.