Introduction
Welcome to Debby. These Terms of Service ("Terms") govern your access to and use of Debby's payment processing platform, POS terminals, customer wallet services, and related products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
These Terms apply to both merchants (businesses using our payment processing services) and customers (end-users who use Debby wallets and cards). Please read these Terms carefully.
If you do not agree to these Terms, you may not access or use our Services. We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services after any changes constitutes acceptance of the new Terms.
Last updated: January 2025
Debby Nigeria Limited is registered in Nigeria and operates under Nigerian law.
Definitions
Throughout these Terms, the following definitions apply:
- "Debby," "we," "us," or "our" refers to Debby Nigeria Limited
- "Merchant" refers to businesses that use our payment processing services and POS terminals
- "Customer" refers to end-users who use Debby wallets, cards, or make payments at Merchant locations
- "Services" refers to all Debby products, including payment processing, POS terminals, customer wallets, virtual accounts, and related services
- "Platform" refers to Debby's website, mobile applications, APIs, and related technology infrastructure
- "Transaction" refers to any payment, transfer, or financial operation processed through our Services
- "Wallet" refers to a Debby customer's virtual prepaid account for storing and spending funds
Terms for Merchants
Merchant Account Registration
To use our Services as a Merchant, you must:
- Be a registered business entity in Nigeria or have legal capacity to enter into this agreement
- Provide accurate, complete, and current business information during registration
- Complete our Know Your Customer (KYC) verification process
- Designate authorized users to access your Merchant account
- Maintain the security and confidentiality of your account credentials and API keys
- Notify us immediately of any unauthorized access to your account
Payment Processing Services
When using our payment processing services:
- You authorize us to process payments on your behalf from your customers
- You must accurately describe the goods or services being sold
- You are responsible for all customer service issues related to your products
- You must honor the prices and terms you communicate to customers
- You must not process fraudulent or unauthorized transactions
- You agree to accept payments through all channels supported by our POS terminals (cards, bank transfers, Debby wallets)
Fees and Settlements
- Transaction fees will be clearly communicated and may vary by payment channel
- Debby wallet transactions may have zero fees as communicated in our pricing
- Settlement to your bank account occurs according to your selected settlement frequency (hourly, daily, weekly, or monthly)
- We may adjust fees with 30 days' prior notice
- You are responsible for all taxes associated with your transactions
- Settlement may be delayed for security reviews or compliance requirements
Refunds and Chargebacks
- You are responsible for processing refunds to your customers when appropriate
- Refunds must be processed in a timely manner
- We may facilitate refund transactions through our platform
- You agree to assist in resolving any disputes or chargebacks
- We may deduct chargeback amounts from your settlement or require separate payment
POS Terminals
- POS terminals remain our property and are provided on a rental/caution fee basis
- You must maintain terminals in good working condition
- You are responsible for loss, theft, or damage to terminals
- You must return terminals if you terminate services or upon our request
- You must not tamper with, modify, or reverse-engineer the terminals
Customer Data and Privacy
- You may access customer transaction data for your business through our dashboard
- You must handle customer data in compliance with Nigerian data protection laws
- You must not share customer data with unauthorized third parties
- You are responsible for obtaining any necessary customer consents
API Usage and Integration
- If you integrate with our API, you must comply with our API documentation and guidelines
- You must keep your API keys secure and confidential
- You are responsible for all activity that occurs using your API credentials
- We may implement rate limits and usage restrictions on API access
- We may suspend API access for abuse or security concerns
Terms for Customers
Customer Account and Wallet
To use a Debby wallet or card, you must:
- Be at least 18 years old and have legal capacity to enter into this agreement
- Be registered by a Merchant who uses our Services
- Provide accurate personal information for wallet creation
- Complete identity verification (KYC) as required by Nigerian regulations
- Maintain the security of your PIN and account credentials
- Notify us immediately if your card is lost, stolen, or compromised
Wallet Funding and Balance
- You can fund your Debby wallet through bank transfers to your virtual account or card withdrawal at participating merchants
- Funds in your wallet are prepaid and stored value, not deposits
- Your wallet balance does not earn interest
- Card loading fees may apply when funding your wallet (typically 1.2% as disclosed)
- You are responsible for ensuring you have sufficient balance before making purchases
- We may set minimum and maximum wallet balance limits
Card Usage and Transactions
- Your Debby card can be used at participating merchant locations that accept our payment system
- Transactions require PIN authorization for security
- You may set transaction limits and tap-and-pay limits for added security
- All transactions are final once authorized by your PIN
- Transaction receipts will be provided via email if you have opted in
- We may decline transactions for insufficient funds, security concerns, or technical issues
Card Loss, Theft, or Unauthorized Use
- You must report lost or stolen cards immediately through our app or customer support
- We will block your card upon notification to prevent unauthorized use
- You are responsible for transactions made before you report the loss or theft
- We will investigate unauthorized transactions and may reverse them if fraud is confirmed
- Replacement cards may be issued subject to verification and applicable fees
Refunds and Disputes
- Refund requests must be directed to the merchant where the purchase was made
- We facilitate refund processing but do not control merchant refund policies
- Approved refunds will be credited back to your Debby wallet
- You may dispute transactions through our customer support within 30 days
- We will investigate disputes and work with merchants to resolve them
Wallet Closure and Balance Withdrawal
- You may close your wallet account at any time by contacting customer support
- Any remaining balance will be transferred to your linked bank account after identity verification
- We may close inactive wallets after providing notice as required by law
- We reserve the right to close accounts that violate these Terms
Prohibited Activities
You may not use our Services to:
- Violate any laws, regulations, or rights of others
- Process fraudulent, illegal, or unauthorized transactions
- Sell illegal goods or services
- Engage in money laundering, terrorist financing, or other financial crimes
- Impersonate another person or entity
- Interfere with or disrupt our Services or servers
- Attempt to gain unauthorized access to our systems or other users' accounts
- Use our Services for any unlawful, harmful, or fraudulent purpose
- Reverse engineer, decompile, or attempt to extract source code from our software
- Resell or sublicense our Services without authorization
- Use automated systems (bots, scrapers) to access our Services without permission
- Transmit viruses, malware, or other harmful code
We reserve the right to suspend or terminate your access to our Services if we suspect violation of these prohibitions, with or without notice.
Compliance and KYC Requirements
As a financial service provider operating in Nigeria, we are required to comply with anti-money laundering (AML), counter-terrorism financing (CTF), and Know Your Customer (KYC) regulations.
Identity Verification
- We may require you to provide identity documents (BVN, government ID, business registration)
- You must provide accurate and truthful information
- We may verify your information through third-party verification services
- We may request additional documentation at any time
- Failure to complete verification may result in account suspension or closure
Transaction Monitoring
- We monitor transactions for suspicious activity and fraud prevention
- We may flag, hold, or reverse suspicious transactions
- We may report suspicious activity to relevant authorities as required by law
- We may request additional information about specific transactions
Regulatory Compliance
You agree to comply with all applicable Nigerian laws and regulations, including but not limited to:
- Central Bank of Nigeria (CBN) regulations
- Nigeria Data Protection Regulation (NDPR)
- Economic and Financial Crimes Commission (EFCC) guidelines
- Tax laws and reporting requirements
Liability and Disclaimers
Service Availability
While we strive for high availability, we do not guarantee that our Services will be uninterrupted, error-free, or completely secure. We may perform maintenance, updates, or experience technical difficulties that temporarily affect service availability.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties regarding accuracy, reliability, or completeness of information
- Warranties that defects will be corrected
- Warranties regarding third-party services or integrations
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEBBY SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages arising from service interruptions or technical failures
- Damages caused by third-party services or merchant actions
- Damages exceeding the fees you paid to us in the 12 months preceding the claim
Indemnification
You agree to indemnify, defend, and hold harmless Debby, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any laws or regulations
- Your violation of third-party rights
- Any disputes between you and your customers (for Merchants)
Termination and Suspension
Termination by You
- Merchants may terminate their account by providing 30 days' written notice
- Customers may close their wallet accounts at any time
- You must settle all outstanding obligations before termination
- POS terminals must be returned in good condition
Termination by Debby
We may suspend or terminate your access to our Services:
- Immediately if you violate these Terms
- If we suspect fraudulent or illegal activity
- If required by law or regulatory authorities
- With 30 days' notice for convenience or business reasons
- If your account is inactive for an extended period
Effect of Termination
- Your access to our Services will cease immediately
- Outstanding balances will be settled according to our procedures
- You must return all Debby property (POS terminals, cards)
- Certain provisions of these Terms will survive termination (indemnification, liability limitations)
- We will retain your data as required by law and our retention policies
Intellectual Property
All intellectual property rights in our Services, including software, designs, trademarks, logos, and content, are owned by Debby or our licensors. These Terms do not grant you any ownership rights.
License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for their intended purpose and in compliance with these Terms.
Restrictions
You may not:
- Copy, modify, or create derivative works of our Services
- Reverse engineer or decompile our software
- Remove or alter any proprietary notices or labels
- Use our trademarks or branding without written permission
- Frame or mirror any part of our Services
Merchant Branding
If you are a Merchant, we may display your business name and logo in our platform, marketing materials, or customer-facing interfaces to indicate that you accept Debby payments.
Data and Privacy
Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy.
Key points regarding data and privacy:
- We collect personal and financial information necessary to provide our Services
- We implement security measures to protect your data
- We share data with trusted third-party service providers as necessary
- You have rights to access, correct, and delete your personal information
- We comply with the Nigeria Data Protection Regulation (NDPR)
For complete details on our data practices, please review our Privacy Policy.
Dispute Resolution and Governing Law
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 provisions.
Dispute Resolution Process
In the event of any dispute, controversy, or claim arising out of or relating to these Terms:
- You agree to first contact our customer support to attempt informal resolution
- If informal resolution fails, disputes may be escalated to mediation
- Either party may pursue legal action in Nigerian courts if mediation is unsuccessful
Jurisdiction
You agree to submit to the exclusive jurisdiction of the courts located in Lagos, Nigeria for the resolution of any disputes arising from these Terms or your use of our Services.
Time Limit for Claims
Any claim or cause of action arising from these Terms or the Services must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.
Changes to These Terms
We reserve the right to modify these Terms at any time. When we make changes, we will:
- Update the "Last updated" date at the top of these Terms
- Post the revised Terms on our website
- Notify you via email or in-app notification for material changes
- Provide 30 days' notice for changes that materially affect your rights
Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using our Services and close your account.
We recommend reviewing these Terms periodically to stay informed of any updates.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published on our platform, constitute the entire agreement between you and Debby regarding the Services.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Debby.
Assignment
You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign these Terms or delegate any of our obligations without restriction.
Force Majeure
We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, wars, terrorism, riots, embargoes, government actions, or failures of third-party services.
Language
These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version shall prevail.
Contact Us
If you have any questions about these Terms of Service or need assistance with our Services, please contact us:
Legal Department
Debby Nigeria Limited
Customer Support
support@debby.africaAddress
Lagos, Nigeria
Website
https://debby.africaFor urgent matters or account security issues, please contact us immediately through the channels above.