Terms of Service

  • User Agreement
  • Terms of Use
  • Escrow Instructions
  • Fee and ACH Authorization Agreement
  • Mark Use Guidelines
  • Privacy Policy
  • Global Data Processing Agreement
  • Privacy Center
  • Cookie Policy
  • API Terms of Use
  • Nondiscrimination Statement
  • Referral Program Terms & Conditions

User Agreement

Effective April 4th 2023

By creating an account with FortPay, you agree to:

1. Acceptance of the Agreement

By registering for, accessing, browsing, or using FortPay, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any additional terms and conditions and policies referenced herein.

2. Eligibility

To use FortPay, you must:

  • Age Requirement: Be at least 18 years old or the legal age of majority in your jurisdiction.
  • Legal Capacity: Have the legal capacity to enter into a binding contract.
  • Accurate Information: Provide accurate, complete, and current information during registration.
  • Account Responsibility: Be responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Account Registration

When creating a FortPay account, you agree to:

  • Provide True Information: Ensure that the information you provide is accurate, current, and complete.
  • Update Information: Promptly update your account information if any details change.
  • Protect Your Account: Maintain the security of your account by not sharing your password or allowing others to access your account.
  • Account Use: Be responsible for all activities conducted through your account. FortPay will not be liable for any loss or damage arising from unauthorized use of your account.

4. Use of the Services

You agree to use FortPay only for lawful purposes. Specifically, you agree not to:

  • Compliance with Laws: Use the Services in a manner that violates any applicable laws or regulations.
  • No Fraudulent Activity: Engage in any fraudulent, deceptive, or illegal activity.
  • Respect Others: Respect the rights and privacy of other users and not engage in harassment, abuse, or any other harmful behavior.
  • No Interference: Avoid interfering with the operation of the Services or disrupting the experience of other users.

5. Payments and Fees

By using FortPay, you agree to:

  • Payment of Fees: Pay any applicable fees for the use of Services as described in the FortPay pricing section.
  • Payment Method: Provide a valid payment method and authorize FortPay to charge applicable fees to this method.
  • Non-Refundable Fees: Acknowledge that all fees are non-refundable unless otherwise stated in specific cases.

6. Escrow Services

FortPay offers escrow services to facilitate secure transactions between buyers and sellers. By using the escrow service, you agree to:

  • Escrow Agreement: Abide by the terms of the escrow agreement specific to each transaction.
  • Fulfillment of Conditions: Ensure that all conditions for releasing funds are met before requesting a payment release.
  • Dispute Resolution: Cooperate in good faith to resolve any disputes that may arise during the transaction process.

7. Termination of Service

FortPay reserves the right to suspend or terminate your account and access to the Services at any time, with or without cause or notice, for any reason, including but not limited to:

  • Breach of Agreement: Violation of this Agreement or any other applicable policies.
  • Fraudulent Activity: Engaging in fraudulent or illegal activities.
  • Misuse of Services: Using the Services in a way that harms or disrupts other users or the platform.

8. Intellectual Property

FortPay and its licensors retain all rights, title, and interest in and to the Services, including all related intellectual property. By using FortPay, you agree that:

  • Use of Content: You will not reproduce, distribute, modify, or create derivative works of any content on the platform without express permission from FortPay.
  • Trademarks: You may not use FortPay’s trademarks, logos, or branding without prior written consent.

9. Privacy

Your use of FortPay is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Services, you consent to:

  • Data Collection: The collection and processing of your personal data as described in the Privacy Policy.
  • Communication: Receiving communications from FortPay regarding your account, transactions, and updates to our Services.

10. Limitation of Liability

To the fullest extent permitted by law:

  • No Warranties: FortPay provides the Services “as is” without any warranties of any kind, either express or implied.
  • Limitation of Damages: FortPay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of your use of the Services.
  • Maximum Liability: In no event shall FortPay’s total liability exceed the amount paid by you, if any, for accessing the Services during the twelve months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless FortPay, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of the Services or breach of this Agreement.

12. Changes to the Agreement

FortPay reserves the right to modify this Agreement at any time. We will notify you of significant changes by posting an updated version of the Agreement on our website. Continued use of the Services after changes are posted constitutes your acceptance of the new terms.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of laws principles. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Lagos, Nigeria.

Terms of Use

You agree to:

1. Acceptance of Terms

By accessing or using FortPay, you acknowledge that you have read, understood, and agree to be bound by these Terms and any policies or guidelines referenced herein.

2. Changes to Terms

FortPay reserves the right to modify these Terms at any time. We will notify you of significant changes by posting an updated version on our website. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.

3. Use of Services

3.1 Access and Use

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for lawful purposes in accordance with these Terms.

3.2. Account Responsibilities

  • Accurate Information: You must provide accurate and complete information when creating an account.
  • Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Notification of Unauthorized Use: You must notify FortPay immediately of any unauthorized use of your account or any other breach of security.

3.3. Restrictions

You agree not to:

  • Violate Laws: Use the Services in any manner that violates applicable local, state, national, or international laws and regulations.
  • Interfere with Services: Disrupt or interfere with the operation of the Services or any servers or networks connected to the Services.
  • Transmit Harmful Content: Transmit any viruses, worms, or other harmful software or code.
  • Engage in Fraud: Engage in any fraudulent or deceptive activities.

4. Content

4.1. User Content

You retain ownership of any content you submit, post, or display on FortPay. By submitting content, you grant FortPay a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, and distribute such content in connection with the Services.

4.2. Prohibited Content

You may not post or transmit any content that:

  • Is illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable.
  • Infringes on any intellectual property rights or privacy rights of others.
  • Promotes illegal activities or conduct that is harmful to others.

4.3. FortPay’s Rights

FortPay reserves the right to remove or refuse to post any content that violates these Terms or is otherwise objectionable, at our sole discretion.

5. Intellectual Property

5.1. Ownership

FortPay and its licensors retain all rights, title, and interest in and to the Services, including all related intellectual property rights. You may not:

  • Reproduce, duplicate, copy, sell, or otherwise exploit any portion of the Services without express written consent.
  • Use any FortPay trademarks or logos without prior written permission.

5.2. Feedback

If you provide feedback, suggestions, or ideas to FortPay, you grant FortPay a worldwide, royalty-free, and perpetual license to use, modify, and incorporate such feedback into the Services.

6. Third-Party Links

6.1. Links to Other Sites

The Services may contain links to third-party websites or services. FortPay is not responsible for the content or practices of these third parties.

6.2. Disclaimer

The inclusion of any link does not imply endorsement by FortPay of the third-party site or service. Use of such third-party sites is at your own risk.

7. Dispute Resolution

7.1. 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 laws principles.

7.2. Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall be resolved exclusively in the courts located in Lagos, Nigeria.

7.3. Arbitration

If applicable, disputes may be resolved through arbitration in accordance with the rules of the Nigerian Arbitration and Conciliation Act. The arbitration process will be conducted in Lagos, Nigeria.

8. Limitation of Liability

8.1. Disclaimer of Warranties

The Services are provided “as is” and “as available” without any warranties of any kind. FortPay does not guarantee that the Services will be uninterrupted or error-free.

8.2. Limitation of Liability

FortPay shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. FortPay’s total liability shall not exceed the amount paid by you for the Services during the twelve months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless FortPay, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of the Services or violation of these Terms.

10. Termination

FortPay reserves the right to terminate or suspend your account and access to the Services at any time, with or without cause or notice, if you breach these Terms or for any other reason.

Escrow Instructions

1. Overview of Escrow Service

FortPay’s Escrow Service is designed to provide a secure environment for buyers and sellers to transact with confidence. Funds are held by FortPay in escrow until all parties fulfill their obligations as outlined in the transaction agreement.

2. How the Escrow Service Works

2.1. Initiation of Escrow

  • Agreement: The buyer and seller agree to use FortPay’s Escrow Service for the transaction.
  • Escrow Setup: The buyer initiates the escrow by depositing the agreed-upon funds into FortPay’s secure escrow account.
  • Notification: Both parties receive confirmation from FortPay that the funds have been deposited and the escrow is active.

2.2. Fulfillment of Conditions

  • Seller’s Obligations: The seller must fulfill the terms of the transaction, such as delivering the goods or providing the agreed-upon service.
  • Buyer’s Review: The buyer reviews and confirms the receipt of goods or completion of services.

2.3. Release of Funds

  • Buyer’s Approval: Once the buyer is satisfied, they authorize FortPay to release the funds to the seller.
  • Funds Transfer: FortPay transfers the funds from escrow to the seller’s account, completing the transaction.

2.4. Dispute Resolution

If a dispute arises during the transaction:

  • Notification: Either party may notify FortPay of the dispute.
  • Mediation: FortPay will mediate between the parties to reach a resolution.
  • Hold on Funds: The funds will remain in escrow until the dispute is resolved, either through mutual agreement, mediation, or arbitration.

3. Roles and Responsibilities

3.1. Buyer Responsibilities

  • Accurate Payment: Ensure the correct amount is deposited into the escrow account.
  • Timely Review: Promptly review and confirm receipt of goods or services upon delivery.
  • Dispute Cooperation: Cooperate with FortPay in resolving any disputes.

3.2. Seller Responsibilities

  • Fulfillment of Agreement: Deliver the goods or perform the services as agreed upon in the transaction.
  • Communication: Maintain clear communication with the buyer and FortPay throughout the transaction.
  • Dispute Cooperation: Cooperate with FortPay in resolving any disputes.

3.3. FortPay’s Role

  • Neutral Third Party: Act as a neutral third party holding the funds in escrow until the transaction is complete.
  • Mediation: Facilitate the resolution of disputes between the buyer and seller.
  • Compliance: Ensure that all actions taken by FortPay comply with applicable laws and regulations.

4. Fees

4.1. Escrow Fees

  • Fee Structure: Fees for using the Escrow Service are outlined on the FortPay Pricing page.
  • Payment of Fees: Fees are typically deducted from the funds in escrow before disbursement. The party responsible for paying the fees will be agreed upon during the setup of the escrow.

4.2. Additional Charges

Dispute Resolution Fees: Additional fees may apply if a dispute requires extended mediation or arbitration.

5. Dispute Resolution Process

5.1. Initiating a Dispute

  • Notification: A party may initiate a dispute by contacting FortPay within the specified timeframe for the transaction.
  • Documentation: Both parties may be required to provide documentation or evidence to support their position.

5.2. Mediation

  • FortPay Mediation: FortPay will work with both parties to mediate and resolve the dispute.
  • Resolution Timeline: FortPay aims to resolve disputes within a reasonable timeframe. Both parties are expected to cooperate fully during this process.

5.3. Arbitration

  • Arbitration Referral:** If mediation fails, the dispute may be referred to arbitration as per the terms agreed upon during the escrow setup.
  • Binding Decision:** The arbitrator’s decision is binding and will result in the release or return of funds as directed.

6. Termination of Escrow

6.1. Successful Completion

The escrow will terminate automatically once the funds have been successfully released to the seller or returned to the buyer, depending on the outcome of the transaction.

6.2. Cancellation

  • Mutual Agreement: The escrow can be canceled at any time by mutual agreement of both parties, with instructions provided to FortPay.
  • FortPay’s Discretion: FortPay reserves the right to cancel an escrow at its discretion, particularly in cases of fraud, abuse, or legal requirements.

7. Limitations of Liability

7.1. No Guarantee

FortPay does not guarantee the quality, safety, or legality of the goods or services involved in any transaction. The parties involved are responsible for ensuring that their transaction complies with applicable laws and terms.

7.2. Limitation of Damages

FortPay’s liability for any claims arising from the use of the Escrow Service is limited to the amount of fees paid by the user for the escrow transaction in question.

Fee and ACH Authorization Agreement

1. Fee Structure

1.1. Transaction Fees

FortPay charges a fee for each transaction processed through our platform. The fees are as follows:

  • Escrow Transactions: A percentage-based fee is applied to the total transaction amount.
  • Currency Conversion: A fee may be charged for transactions involving currency conversion.
  • Withdrawal Fees: A flat fee or percentage-based fee is charged for withdrawals, depending on the withdrawal method.

1.2. Other Fees

  • Dispute Resolution: Additional fees may apply for dispute resolution services.
  • Reversal or Chargeback Fees: Fees may be charged for reversing a payment or handling chargebacks.

1.3. Fee Disclosure

All applicable fees will be disclosed to you prior to completing a transaction. You agree to pay all fees associated with your use of the Services.

2. Fee Payment

2.1. Deduction from Funds

FortPay will automatically deduct applicable fees from the funds held in escrow or the funds you withdraw. You authorize FortPay to make these deductions as needed.

2.2. Responsibility for Fees

  • Buyer and Seller Responsibility: The buyer and seller may agree on how the fees are to be shared. Unless otherwise agreed, the fees will be deducted from the seller’s proceeds.
  • Insufficient Funds: If there are insufficient funds to cover the fees, you agree to promptly pay the outstanding balance.

3. ACH Authorization

3.1. Authorization for ACH Debits

By providing your bank account information and selecting the ACH payment option, you authorize FortPay to electronically debit your bank account for the payment of fees, withdrawals, and other amounts owed.

3.2. Recurring Payments

If you enroll in a recurring payment plan, you authorize FortPay to initiate recurring ACH debits from your designated bank account in the agreed-upon amounts and intervals.

3.3. Right to Terminate ACH Authorization

You may terminate your ACH authorization at any time by providing written notice to FortPay. Termination will be effective after FortPay has had a reasonable time to act on your notice.

3.4. Insufficient Funds

If an ACH debit is returned due to insufficient funds, FortPay may charge a fee and attempt to process the debit again. You agree to pay any fees associated with insufficient funds.

4. Fee Changes

4.1. Notification of Changes

FortPay reserves the right to change its fees at any time. We will notify you of any changes by posting the updated fees on our website or through other communication methods.

4.2. Acceptance of Changes

Your continued use of the Services after the fee changes take effect constitutes your acceptance of the new fees.

5. Disputes and Chargebacks

5.1. Dispute Process

If you believe there has been an error in the fees charged or an unauthorized ACH debit, you must notify FortPay immediately. We will investigate and, if necessary, correct any errors.

5.2. Chargebacks

If you initiate a chargeback through your bank, FortPay may impose a fee to cover the costs of handling the chargeback. You agree to reimburse FortPay for any chargeback-related fees or expenses.

6. Limitation of Liability

FortPay is not responsible for any fees or charges imposed by your bank in connection with ACH transactions. Our liability for any claims arising out of this Agreement is limited to the amount of fees paid by you to FortPay during the twelve months preceding the claim.

Mark Use Guidelines

1. Overview

1.1. Definition of Mark Use Guidelines

FortPay’s Marks include, but are not limited to:

  • The FortPay name
  • The FortPay logo
  • Any other graphic symbols, logos, designs, or phrases associated with FortPay

1.2. Ownership

FortPay retains all rights, title, and interest in and to its Marks. The use of these Marks is granted under a limited, non-exclusive, revocable license as detailed in these Guidelines.

2. Permitted Uses

2.1. Promotional Use

  • Partners and Affiliates: FortPay partners and affiliates may use FortPay’s Marks in marketing materials, websites, and other promotional content, provided that the use is in line with these Guidelines.
  • Media and Publications: Media outlets and publications may use FortPay’s Marks when referencing FortPay in articles, blogs, or news reports, provided that the use is accurate and in context.

2.2. Linking to FortPay

You may use FortPay’s Marks as part of a hyperlink to our website, [www.fortpay.com](http://www.fortpay.com), provided that the link does not:

  • Suggest any form of association, endorsement, or sponsorship by FortPay, unless explicitly authorized.
  • Mislead or deceive users about your relationship with FortPay.

3. Prohibited Uses

3.1. Misrepresentation

You may not use FortPay’s Marks in a way that misrepresents your relationship with FortPay or implies FortPay’s endorsement, sponsorship, or affiliation with any product, service, or entity without explicit permission.

3.2. Alteration of Marks

  • Modifications: Do not alter, distort, or modify FortPay’s Marks in any way, including changing colors, dimensions, or adding any elements to the logo.
  • Combination with Other Marks: Do not combine FortPay’s Marks with any other trademarks, symbols, or logos, or create composite marks that might cause confusion.

3.3. Inappropriate Use

FortPay’s Marks must not be used in any way that:

  • Violates any laws or regulations.
  • Is defamatory, offensive, or obscene.
  • Promotes or is associated with illegal activities.
  • Disparages FortPay or its affiliates.

4. Specific Guidelines for Using the FortPay Logo

4.1. Logo Placement

  • Ensure clear space around the FortPay logo equal to at least 25% of the logo’s height. No text or graphic elements should intrude on this space.
  • The logo should be used in its entirety and should not be combined with any other elements.

4.2. Color Usage

The FortPay logo should be displayed in its official colors. If using a monochrome version, it should be either all black or all white, depending on the background color.

4.3. Size Requirements

  • The FortPay logo should be large enough to be clearly legible but should not be the most prominent element on the page.
  • Do not display the logo smaller than 50 pixels in height in digital formats.

5. Requesting Permission for Use

5.1. How to Request

For uses not covered by these Guidelines, or if you are unsure whether your intended use is permitted, please contact FortPay at [email protected] with details of your request.

5.2. Review Process

FortPay will review your request and respond within a reasonable timeframe. Permission to use FortPay’s Marks may be granted at FortPay’s sole discretion and may be subject to additional terms and conditions.

6. Enforcement of Guidelines

6.1. Monitoring and Compliance

FortPay reserves the right to monitor the use of its Marks and to enforce these Guidelines. Non-compliance may result in the termination of your rights to use the Marks and, if necessary, legal action.

6.2. Revocation of Use Rights

FortPay may revoke your right to use its Marks at any time, for any reason, without notice. Upon revocation, you must immediately cease using the Marks.

7. Reporting Misuse

If you become aware of any misuse of FortPay’s Marks, or if you have any questions regarding these Guidelines, please contact us at [email protected].

8. Changes to the Guidelines

FortPay reserves the right to modify these Guidelines at any time. Any changes will be posted on our website, and your continued use of the Marks following such changes constitutes your acceptance of the updated Guidelines.

Privacy Policy

FortPay ("we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our website, services, and mobile applications ("Services"). By using our Services, you agree to the collection and use of information in accordance with this Privacy Policy.

1. Information We Collect

1.1. Personal Information

We may collect personal information that you provide directly to us when you use our Services, including:

  • Account Information: Name, email address, phone number, mailing address, and payment information.
  • Verification Information: Identification documents, tax ID numbers, and other information necessary to verify your identity.
  • Transaction Information: Details of the transactions you carry out through our platform, including the amount, recipient, and date.

1.2. Automatically Collected Information

When you access our Services, we may automatically collect certain information about your device and usage, including:

  • Log Information: IP address, browser type, operating system, referring URLs, pages viewed, and other usage details.
  • Device Information: Information about your device, including hardware model, operating system, and mobile network information.
  • Cookies and Tracking Technologies: Information collected through cookies, web beacons, and similar technologies to enhance your experience and gather data about usage patterns.

1.3. Information from Third Parties

We may receive information about you from third parties, such as identity verification services, credit bureaus, and publicly available sources.

2. How We Use Your Information

2.1. To Provide and Improve Our Services

We use your information to:

  • Process transactions and manage your account.
  • Verify your identity and prevent fraud.
  • Personalize your experience and improve our Services.
  • Communicate with you about your account, transactions, and updates.

2.2. For Legal and Compliance Purposes

We may use your information to:

  • Comply with legal obligations, such as tax and regulatory requirements.
  • Enforce our Terms of Service and other agreements.
  • Protect the rights, property, or safety of FortPay, our users, or others.

2.3. For Marketing and Promotional Purposes

With your consent, we may use your information to:

  • Send you promotional offers, newsletters, and other marketing communications.
  • Display targeted advertisements based on your interests and activities.

3. How We Share Your Information

3.1. With Service Providers

We may share your information with third-party service providers who perform services on our behalf, such as payment processing, identity verification, and data analysis.

3.2. With Business Partners

We may share your information with our business partners to offer you products, services, or promotions that may be of interest to you.

3.3. For Legal and Compliance Reasons

We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

3.4. In Connection with Business Transfers

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction.

3.5. With Your Consent

We may share your information with third parties if you consent to such sharing.

4. Your Rights and Choices

4.1. Accessing and Updating Your Information

You can access and update your account information at any time by logging into your account. If you need assistance, please contact us at [email protected].

4.2. Opting Out of Marketing Communications

You can opt out of receiving marketing communications from us by following the unsubscribe instructions in our emails or contacting us directly.

4.3. Deleting Your Information

You may request that we delete your personal information, subject to certain exceptions, by contacting us at [email protected]. Please note that we may retain certain information as required by law or for legitimate business purposes.

4.4. Data Portability

You have the right to request a copy of your personal information in a portable format. To make a request, please contact us at [email protected].

5. Data Security

5.1. Protection Measures

We implement reasonable security measures to protect your information from unauthorized access, use, or disclosure. These measures include encryption, access controls, and regular security assessments.

5.2. Retention Period

We retain your personal information for as long as necessary to provide our Services and fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

6. International Data Transfers

6.1. Transfer Mechanisms

FortPay is based in Nigeria, but we may transfer your information to other countries that may have different data protection laws. We ensure that any such transfers comply with applicable legal requirements, such as the use of standard contractual clauses.

6.2. Rights of International Users

If you are located outside Nigeria, you have certain rights under local data protection laws. Please contact us at [email protected] to exercise your rights.

7. Children’s Privacy

7.1. Age Restriction

Our Services are not intended for children under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that we have collected personal information from a child under 18, we will take steps to delete such information promptly.

8. Changes to This Privacy Policy

8.1. Notification of Changes

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any material changes by posting the updated policy on our website and updating the “Effective Date” at the top.

8.2. Continued Use

Your continued use of our Services after any changes to this Privacy Policy constitutes your acceptance of the updated terms.

9. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

FortPay Privacy Office
Email: [email protected]
Website: www.myfortpay.com

Global Data Processing Agreement

This Global Data Processing Agreement ("GDPA") is an integral part of the FortPay Terms of Service and Privacy Policy. It outlines the terms and conditions under which FortPay ("we," "us," or "our") processes personal data on behalf of our users ("you," "your," or "Data Controller"). This GDPA applies when you use our Services and share personal data with us.

1. Definitions

1.1. Personal Data

“Personal Data” refers to any information relating to an identified or identifiable natural person (“Data Subject”).

1.2. Processing

“Processing” means any operation or set of operations performed on Personal Data, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure, erasure, or destruction.

1.3. Data Controller

“Data Controller” means the entity that determines the purposes and means of Processing Personal Data.

1.4. Data Processor

“Data Processor” refers to FortPay, which processes Personal Data on behalf of the Data Controller.

1.5. Sub-processor

“Sub-processor” means any third party engaged by FortPay to process Personal Data.

2. Scope of Processing

2.1. Purpose

FortPay processes Personal Data only as necessary to provide our Services, including:

  • Facilitating transactions and payments.
  • Identity verification and fraud prevention.
  • Customer support and communication.
  • Compliance with legal and regulatory requirements.

2.2. Categories of Data

The categories of Personal Data processed may include, but are not limited to:

  • Contact information (e.g., name, email address, phone number).
  • Financial information (e.g., payment details, transaction history).
  • Identification documents (e.g., passport, ID card).
  • Usage data (e.g., IP address, browser type, activity logs).

2.3. Duration

Personal Data will be processed for the duration necessary to fulfill the purposes outlined in this GDPA or as required by applicable laws and regulations.

3. Data Controller Responsibilities

3.1. Lawful Basis

The Data Controller is responsible for ensuring that Personal Data is collected and processed lawfully, in compliance with applicable data protection laws.

3.2. Instructions

The Data Controller shall provide documented instructions to FortPay regarding the processing of Personal Data. FortPay shall process Personal Data only in accordance with these instructions, unless required by law to act otherwise.

3.3. Data Subject Rights

The Data Controller is responsible for responding to Data Subject requests to exercise their rights under applicable data protection laws, such as the right to access, rectify, or erase Personal Data.

4. FortPay Responsibilities

4.1. Data Security

FortPay implements appropriate technical and organizational measures to protect Personal Data against unauthorized access, loss, or destruction. These measures include encryption, access controls, and regular security assessments.

4.2. Confidentiality

FortPay ensures that all personnel authorized to process Personal Data are bound by confidentiality obligations.

4.3. Sub-processors

FortPay may engage Sub-processors to assist in the processing of Personal Data. FortPay shall ensure that any Sub-processor provides the same level of data protection as required by this GDPA. A list of current Sub-processors is available upon request.

4.4. Data Breach Notification

In the event of a data breach involving Personal Data, FortPay shall notify the Data Controller without undue delay after becoming aware of the breach. The notification shall include sufficient information to allow the Data Controller to meet any obligations to notify relevant authorities and Data Subjects.

4.5. Assistance

FortPay shall assist the Data Controller in meeting its obligations under applicable data protection laws, including responding to Data Subject requests, conducting data protection impact assessments, and consulting with supervisory authorities.

5. International Data Transfers

5.1. Transfer Mechanisms

If Personal Data is transferred outside of the country of origin, FortPay shall ensure that such transfers are conducted in compliance with applicable data protection laws. This may include the use of standard contractual clauses, Privacy Shield certifications, or other approved mechanisms.

5.2. Data Subject Rights

FortPay shall ensure that Data Subjects’ rights are protected in accordance with applicable laws, even when their Personal Data is processed outside of their home country.

6. Audit and Compliance

6.1. Audit Rights

The Data Controller has the right to audit FortPay’s compliance with this GDPA. Such audits shall be conducted in a manner that minimizes disruption to FortPay’s operations and is subject to reasonable notice and confidentiality obligations.

6.2. Certification

Upon request, FortPay shall provide the Data Controller with evidence of its compliance with this GDPA, including any relevant certifications or audit reports.

7. Termination

7.1. Termination of Agreement

This GDPA shall terminate upon the termination of the Data Controller’s account or the cessation of FortPay’s processing activities. Upon termination, FortPay shall, at the Data Controller’s discretion, return or securely delete all Personal Data, unless retention is required by law.

7.2. Surviving Obligations

The obligations in Sections 4 (Data Security), 5 (International Data Transfers), and 6 (Audit and Compliance) shall survive the termination of this GDPA.

8. Governing Law

This GDPA 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.

9. Changes to This GDPA

FortPay reserves the right to modify this GDPA at any time. Any changes will be effective upon posting on our website, and we will notify the Data Controller of any material changes. Continued use of our Services after such changes constitutes acceptance of the updated GDPA.

10. Contact Information

If you have any questions or concerns regarding this GDPA or our data processing practices, please contact us at:

FortPay Data Protection Officer
Email: [email protected]
Website: www.myfortpay.com

API Terms of Use

These API Terms of Use ("Terms") govern your access to and use of the FortPay API ("API"). By accessing or using the API, you agree to comply with these Terms. If you do not agree to these Terms, you may not access or use the API.

1. Definitions

1.1. API

The “API” refers to the application programming interface provided by FortPay that allows developers to interact with our platform, including any related documentation, tools, code, and updates.

1.2. API Key

An “API Key” is a unique identifier provided by FortPay that allows you to access the API.

1.3. Application

“Application” refers to the software application, website, or service that you develop or operate using the API.

2. API License

2.1. License Grant
FortPay grants you a non-exclusive, non-transferable, revocable license to access and use the API solely for the purpose of integrating your Application with FortPay’s services.

2.2. Restrictions

You agree not to:
Use the API in any manner that could damage, disable, overburden, or impair FortPay’s services.**

  • Reverse engineer, decompile, or disassemble the API.
  • Use the API to create a competing service.
  • Distribute, sublicense, or otherwise transfer access to the API to any third party.
  • Use the API in any manner that violates applicable laws, regulations, or third-party rights.**

2.3. API Key Usage

You are responsible for keeping your API Key secure and confidential. You must not share it with anyone else or use it for any unauthorized purposes. If you believe your API Key has been compromised, you must immediately notify FortPay.

3. API Usage Guidelines

3.1. Rate Limits

FortPay may impose rate limits on your use of the API to ensure fair use and maintain the performance of our services. You agree to comply with any rate limits specified in the API documentation.

3.2. Data Usage

Any data obtained through the API must be used in accordance with FortPay’s Privacy Policy and applicable data protection laws. You may not store or cache personal data accessed via the API for longer than necessary for your Application’s purpose.

3.3. Attribution

You must display appropriate attribution to FortPay in your Application, as specified in the API documentation.

3.4. Compliance Monitoring

FortPay reserves the right to monitor your use of the API to ensure compliance with these Terms. If FortPay determines that you are not in compliance, we may suspend or terminate your access to the API.

4. Intellectual Property

4.1. Ownership

FortPay retains all rights, title, and interest in and to the API, including all intellectual property rights. These Terms do not grant you any rights to use FortPay’s trademarks, logos, or other branding elements without our prior written consent.

4.2. Feedback

If you provide feedback or suggestions regarding the API, you grant FortPay an unlimited, irrevocable, perpetual license to use that feedback for any purpose without obligation to you.

5. Termination

5.1. Termination by You

You may terminate these Terms at any time by discontinuing your use of the API and deleting your API Key.

5.2. Termination by FortPay

FortPay may terminate or suspend your access to the API at any time, with or without cause, and without prior notice. Upon termination, you must cease all use of the API and delete any data obtained through the API.

5.3. Survival

The provisions of Sections 4 (Intellectual Property), 5 (Termination), 6 (Liability), 7 (Indemnification), and 8 (Governing Law) shall survive the termination of these Terms.

6. Liability

6.1. Disclaimer of Warranties

The API is provided “as is” and “as available,” without warranties of any kind, either express or implied. FortPay disclaims all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2. Limitation of Liability

In no event shall FortPay 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, or goodwill, arising from your use of the API, even if FortPay has been advised of the possibility of such damages.

7. Indemnification

You agree to indemnify, defend, and hold harmless FortPay and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the API, your violation of these Terms, or your infringement of any third-party rights.

Nondiscrimination Statement

FortPay’s mission is to create economic opportunities so people have better lives. Key to our mission is that these opportunities should be equally available to all qualified users in our community, regardless of background, nationality, race, ethnicity, sex, gender, gender identity, sexual orientation, actual or perceived disability status, veteran status, marital status, or other similarly protected characteristics. FortPay’s goal is for members of our community to feel welcome on the Site. A condition of using the Site is your agreement not to engage in any unlawful discrimination or harassing conduct. Such conduct is not permitted on FortPay by any member of our community. FortPay does not require Users to violate local laws or take actions that may subject them to legal liability. FortPay will take actions to enforce this policy. Users engaging in this activity are subject to Account closure. Please bring any reports of discrimination or harassment to our attention at [email protected].

Referral Program Terms & Conditions

1. Eligibility

1.1. Requirements

To be eligible for the FortPay Referral Program, you must:

  • Be a registered user of FortPay with an active account.
  • Be at least 18 years of age.
  • Comply with these Terms & Conditions, the FortPay User Agreement, and all applicable laws.

2. Qualified Referrals

2.1. Definition

A “qualified referral” is defined as a new user who:

  • Uses your unique referral link to sign up for FortPay.
  • Registers for an FortPay Account using your unique referral link or code
  • Completes the KYC Process Successfully
  • Completes a qualifying action as specified in the referral offer or promotion, such as making their first transaction or meeting other criteria

2.2. Verification

FortPay reserves the right to verify the legitimacy of all referrals. We may request additional information or documentation to confirm that the referral meets the qualifications.

3. Earn and Spend Referral Rewards

  • Referrers: As a qualified referrer, you will earn Referral Rewards in the form of account credit, as specified in the Referral Program offer, for each Qualified Referral you make under the Referral Program. Once the conditions for the Qualified Referral have been met, FortPay will apply the account credit to your FortPay Account.
  • Redemption: You can spend account credit on your next FortPay Transaction, unless there are restrictions listed on your specific referral offer. Referral Reward account credit cannot be transferred.

4. Important Disclaimers

FortPay reserves the right to suspend your account and remove any account credit should we notice any activity by the Referrer and/or Referee that is determined to be a violation of this Referral Program Terms or FortPay’s Terms of Service. We reserve the right to amend, suspend or terminate this Referral Program at any time without notice.