MyDevice — Terms & Conditions (DRAFT)

⚠️ DRAFT — NOT LEGAL ADVICE — DO NOT PUBLISH AS-IS This document was drafted to reflect what the MyDevice platform actually does, and to skew heavily toward limiting the operator's liability, per request. It has not been reviewed by a lawyer. Before this goes live:

• Have it reviewed by counsel licensed in your operating jurisdiction(s).
• Fill in every [BRACKETED PLACEHOLDER] — legal entity name, registered address, jurisdiction/governing law, dispute-resolution forum, and contact details.
• Confirm the liability limitations and indemnification scope are actually enforceable where your users are located — consumer-protection law in many jurisdictions overrides broad disclaimers, especially for marketplace transactions and payment handling.
• Confirm the Payments section matches your actual gateway agreements (Paystack, Flutterwave, Korapay, PayPal) and each processor's own required merchant terms.

Last updated: [DATE] Effective date: [DATE]

These Terms & Conditions ("Terms") govern access to and use of the MyDevice website, mobile/PWA application, and related services (collectively, the "Service"), operated by [LEGAL ENTITY NAME], a [COMPANY TYPE] registered in [JURISDICTION] ("MyDevice," "we," "us," or "our"). By creating an account, registering a device, verifying an IMEI, using the Marketplace, or otherwise accessing the Service, you ("User," "you") agree to be bound by these Terms. If you do not agree, do not use the Service.

---

1. What MyDevice Is — and Isn't

MyDevice is a record-keeping and information platform. It lets you:

• Register a device (phone, tablet, laptop, or similar) against your account by IMEI, serial number, or MAC address, optionally with proof of purchase.
• Look up a device's recorded status (clean, stolen, lost, blocked, recovered) and, for a fee, a fuller report including registration history, transfer history, liens on file, and a computed 1-5 verification confidence level.
• Transfer recorded ownership of a device to another user via a one-time QR code, confirmed by both parties.
• Buy and sell devices through the Marketplace, either your own registered device or a merchant's catalog inventory.
• Register as a Merchant or Agent to record devices on behalf of customers, and earn referral bonuses for users you bring to the platform.
• Report a device as stolen or lost so its status is flagged to others.

MyDevice does not:

• Verify, inspect, or guarantee that any device is in the physical condition described by its registrant, seller, or any report.
• Verify that a registrant, seller, or referrer is the true legal owner of a device beyond the records, documents, and confirmations submitted through the Service.
• Act as an escrow agent, payment processor for goods (as opposed to credits), inspector, appraiser, or broker for any Marketplace transaction.
• Guarantee that a device's recorded status is free of user error, delay, or manipulation at the point of registration, transfer, or reporting.
• Guarantee the accuracy of any third-party IMEI database used to supplement our own records.

Every ownership record, transfer, verification level, and stolen-device report reflects what was submitted to the platform, not an independent finding of fact by MyDevice. You are solely responsible for exercising your own judgment — including obtaining an independent inspection, requesting original proof of purchase, and using ordinary buyer caution — before relying on any information from the Service to make a purchase, sale, or other decision.

2. Eligibility & Accounts

• You must be at least 18 years old and capable of forming a binding contract to create an account.
• You must provide accurate registration information and keep it current.
• You are responsible for all activity under your account and for keeping your password and any two-factor recovery codes confidential. Notify us immediately of any unauthorized access.
• One account per person or business, unless we agree otherwise in writing. We may suspend or terminate accounts that violate this.

3. Your Responsibilities as a User

You agree that you will:

• Only register a device you actually own, or that you are registering on behalf of its owner with their authorization (Merchants/Agents — see §6).
• Provide IMEI/serial numbers, proof of purchase, and other device details accurately and truthfully.
• Only report a device as stolen or lost if you have a good-faith belief that it actually is. Knowingly filing a false stolen/lost report is a material breach of these Terms and may expose you to legal liability independent of anything MyDevice does.
• Complete an ownership transfer (as buyer or seller) only for a transaction you genuinely intend to carry out, and confirm receipt only once you have actually received the device.
• Not use the Service to facilitate the sale of a device you know or suspect to be stolen, counterfeit, or otherwise unlawfully obtained.
• Not attempt to circumvent, reverse-engineer, scrape, or overload the Service, or interfere with another user's account or a device's recorded history.

4. Marketplace

• Listings (whether a user's own device or a merchant's catalog item) are created and described by the seller. MyDevice does not create, edit, or verify listing content beyond what these Terms and our moderation policies require, and may remove a listing at our sole discretion.
• MyDevice is not a party to any sale. The contract of sale is solely between buyer and seller. We do not guarantee delivery, quality, title, fitness for purpose, or that a transaction will complete.
• Contact between a prospective buyer and seller happens off-platform (e.g., WhatsApp, email); we log that contact occurred but are not responsible for anything said or agreed between the parties there.
• A completed sale through the Service's own transfer or invoice-and-registration flow may incur a platform fee, charged to the seller, at a rate set from time to time in our fee schedule. Fee changes apply prospectively.
• Disputes between buyer and seller (non-delivery, misrepresented condition, payment disputes, etc.) are the parties' own responsibility to resolve. MyDevice may, but is not obligated to, assist, mediate, or take action against an account based on user reports.

5. Credits, Fees & Payments

• Certain actions (device registration, full device reports, marketplace sale completion, invoice creation) may cost platform credits, at rates disclosed in-app before you're charged.
• Credits are purchased via a supported third-party payment gateway (currently Paystack, Flutterwave, Korapay, or PayPal). Processing of your payment details is handled entirely by that gateway under its own terms and privacy policy; MyDevice never stores your card or bank credentials.
• Credits are non-refundable, except where required by applicable law, or where we determine in our sole discretion that a charge resulted from a verified platform error.
• We are not responsible for delays, failures, chargebacks, or reversals caused by a payment gateway, your bank, or your card issuer.
• Referral bonuses, merchant device-registration fees, and Reseller Partner bonus rates are set and may be changed by us at any time; changes apply prospectively and do not affect bonuses already accrued.

6. Merchants, Agents & Reseller Partners

• Merchant and Agent accounts may register devices on behalf of customers and are subject to a certification/verification review before being marked as certified or verified in the Service. We may revoke certification at any time if we believe it's warranted.
• A Merchant may be designated a "Reseller Partner" at our sole discretion, entitling them to a different referral bonus rate. This designation confers no other right, guarantee, or exclusivity, and may be revoked at any time without notice.
• Merchants and Agents represent that they have the authority of the device owner (or, for catalog inventory, of the actual seller) to create a registration or listing on that person's behalf, and indemnify us accordingly (see §10).

7. Stolen Device Reports

• Stolen/lost reports, whether filed by a registered user or through the public reporting form, are user-submitted claims. We do not independently investigate or verify them before they affect a device's displayed status.
• We may remove, correct, or decline to act on a report at our discretion, including where we suspect it is false, retaliatory, or submitted in bad faith.
• We are not liable for any consequence of a report being made, including a device being refused sale, a transaction falling through, or reputational harm to a device's registered owner, whether or not the report later turns out to be inaccurate.

8. Prohibited Conduct

In addition to the above, you agree not to:

• Use the Service for any unlawful purpose, or to facilitate fraud, money laundering, or trafficking in stolen goods.
• Impersonate another person or misrepresent your affiliation with any person or entity.
• Upload malicious code, attempt unauthorized access to any part of the Service, or probe/scan for vulnerabilities without our prior written authorization.
• Use automated means (bots, scrapers) to access the Service at a scale or in a manner not permitted by our public API terms, if any.

We may suspend or terminate your account, remove content, reverse a transfer, or take any other action we consider appropriate for a violation of this section, with or without notice.

9. Disclaimer of Warranties

THE SERVICE AND ALL INFORMATION, REPORTS, VERIFICATION LEVELS, AND CONTENT PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED/ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY DEVICE STATUS, VERIFICATION LEVEL, OR OWNERSHIP RECORD IS ACCURATE, COMPLETE, OR CURRENT, OR THAT ANY MARKETPLACE TRANSACTION WILL BE SAFE, LAWFUL, OR AS DESCRIBED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• MYDEVICE, ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR A DEVICE ITSELF, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY MARKETPLACE TRANSACTION, ANY OWNERSHIP TRANSFER, ANY DEVICE REPORT OR VERIFICATION LEVEL, OR ANY STOLEN/LOST REPORT — WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO MYDEVICE IN THE [12-MONTH] PERIOD BEFORE THE CLAIM AROSE, OR (B) [CURRENCY AND AMOUNT, e.g. NGN 10,000].
• Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you in full.

11. Indemnification

You agree to indemnify, defend, and hold harmless MyDevice and its officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• your use or misuse of the Service;
• any device you register, list, transfer, or report, including any claim that you were not authorized to do so or that the device was stolen/encumbered;
• any Marketplace transaction you enter into, including any dispute with a counterparty;
• your breach of these Terms or of any representation you made through the Service (including a Merchant's or Agent's representation of authority under §6); or
• your violation of any law or of any third party's rights.

We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with that defense.

12. Suspension & Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for a breach of these Terms. You may close your account at any time by contacting us. Closing an account does not erase historical ownership, transfer, or transaction records tied to devices you registered or transferred — those remain part of each device's permanent record. Sections 1, 9, 10, 11, and 14 survive termination of your account.

13. Changes to the Service and These Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may update these Terms from time to time; material changes will be posted with an updated "Last updated" date, and continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law & Disputes

These Terms are governed by the laws of [JURISDICTION], without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved [in the courts of [JURISDICTION] / by binding arbitration administered by [ARBITRATION BODY], as applicable — confirm the correct approach for your jurisdiction and user base with counsel].

15. General

• Severability: if any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
• No waiver: our failure to enforce any right or provision is not a waiver of that right or provision.
• Entire agreement: these Terms, together with our Privacy Policy and any fee schedule or policy referenced in-app, constitute the entire agreement between you and MyDevice regarding the Service.
• Assignment: you may not assign these Terms without our consent; we may assign them freely in connection with a merger, acquisition, or sale of assets.

16. Contact

Questions about these Terms: [legal@mydevice.info / your real contact]