Terms of Service

Effective Date: April 1, 2026

1. Introduction

Welcome to Energy Smart Petroleum Services Ltd (“Energy Smart”, “ESN”, “we”, “our”, or “us”).

These Terms of Service (“Terms”) govern access to and use of Energy Smart’s products, platforms, websites, portals, applications, fuel card services, fleet management systems, analytics services, and related offerings (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree with these Terms, you should not use the Services.

2. Nature of Services

Energy Smart provides technology-enabled fuel card, fleet management, transaction visibility, analytics, and enterprise operational services for business and institutional customers.

Certain regulated financial, card issuing, payment processing, settlement, or safeguarded wallet functions may be provided through licensed banking and payment partners.

Energy Smart is not a deposit-taking bank.

3. Eligibility

You may use the Services only if:

• you are legally authorized to represent yourself or your organization
• the information provided during onboarding is accurate and complete
• your use of the Services complies with applicable laws and these Terms

Energy Smart reserves the right to decline or terminate access where necessary.

4. Customer Accounts

Customers may be required to create accounts or receive authorized access credentials.

Customers are responsible for:

• maintaining the confidentiality of credentials
• restricting unauthorized access
• ensuring authorized users act appropriately
• notifying Energy Smart promptly of suspected compromise or misuse

Energy Smart may suspend or restrict access where security concerns arise.

5. Fuel Card & Transaction Services

Energy Smart may provide access to fuel card and transaction-related services, including:

• card management
• transaction monitoring
• wallet-linked services where applicable
• fleet analytics
• operational reporting

Availability of certain services may depend on third-party banking, payment, or card issuing partners.

Energy Smart does not guarantee uninterrupted transaction availability at all times.

6. Acceptable Use

Customers agree not to:

• use the Services for unlawful or fraudulent purposes
• bypass system controls or restrictions
• attempt unauthorized access to systems or accounts
• interfere with platform availability or integrity
• provide false onboarding information
• use Services in violation of sanctions or regulatory restrictions

Energy Smart may investigate and restrict suspicious or abusive activity.

7. Customer Responsibilities

Customers are responsible for:

• maintaining accurate account information
• safeguarding devices and credentials
• ensuring authorized personnel use the Services responsibly
• reviewing transactions and reports promptly
• reporting disputes, errors, or suspicious activity in a timely manner

8. Fees & Charges

Certain Services may be subject to:

• subscription fees
• transaction-related charges
• service fees
• integration or onboarding costs

Applicable pricing may be communicated through agreements, invoices, proposals, or platform notices.

Failure to meet payment obligations may result in service restriction or suspension.

9. Third-Party Services

Energy Smart may rely on third-party providers including:

• payment processors
• banking partners
• card issuers
• cloud infrastructure providers
• telecommunications providers

Energy Smart is not responsible for failures caused solely by third-party systems beyond its reasonable control.

10. Data Protection & Privacy

Energy Smart processes customer and operational data in accordance with its Privacy Policy and Data Protection Policy.

By using the Services, customers acknowledge that certain information may be processed for:

• service delivery
• fraud prevention
• transaction monitoring
• compliance obligations
• customer support

Energy Smart implements reasonable security measures but cannot guarantee absolute security.

11. Transaction Monitoring & Compliance

Energy Smart may monitor platform activity for:

• suspicious transactions
• fraud indicators
• unusual operational patterns
• compliance risks

Energy Smart reserves the right to:

• request additional information
• review customer activity
• restrict accounts or cards
• cooperate with lawful requests from regulators or partners

12. Intellectual Property

All platform content, software, trademarks, branding, designs, dashboards, reports, and related materials are owned by or licensed to Energy Smart unless otherwise stated.

Customers may not:

• copy
• modify
• reverse engineer
• distribute
• commercially exploit

any part of the Services without prior written consent.

13. Service Availability

Energy Smart aims to maintain reliable Services but does not guarantee uninterrupted operation.

Temporary interruptions may occur due to:

• maintenance
• infrastructure failures
• third-party outages
• security incidents
• network disruptions

Energy Smart may modify, suspend, or discontinue parts of the Services where necessary.

14. Limitation of Liability

To the maximum extent permitted by law, Energy Smart shall not be liable for:

• indirect or consequential losses
• loss of profits or revenue
• business interruption
• data loss caused by external factors
• third-party system failures
• unauthorized access resulting from customer negligence

Energy Smart’s total liability relating to the Services shall not exceed amounts paid for the affected Services within the applicable period, except where prohibited by law.

15. Indemnity

Customers agree to indemnify and hold harmless Energy Smart from claims, liabilities, damages, or expenses arising from:

• misuse of the Services
• violation of these Terms
• unlawful customer activity
• unauthorized use by customer personnel

16. Suspension & Termination

Energy Smart may suspend or terminate Services where:

• Terms are violated
• suspicious or fraudulent activity is detected
• payments remain overdue
• legal or regulatory concerns arise
• partner restrictions require action

Customers may terminate Services subject to applicable agreements and outstanding obligations.

17. Confidentiality

Both parties shall use reasonable efforts to protect confidential business, operational, and technical information shared during the relationship.

Confidential information shall not be improperly disclosed except where required by law or authorized by the disclosing party.

18. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.

Any disputes shall be subject to the jurisdiction of competent courts in Nigeria unless otherwise agreed in writing.

19. Changes to Terms

Energy Smart may update these Terms periodically.

Updated versions may be published on the website or communicated through official channels.

Continued use of the Services after updates constitutes acceptance of the revised Terms.

20. Contact Information

Energy Smart Petroleum Services Ltd
29 Opebi Road, Lagos, Nigeria
Email: contact@energysmartng.com