Terms of Use

Last Updated:

1. Agreement to Terms

By downloading, installing, accessing, or using the Kwenda Ticket Scanner mobile application (the "App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Kwenda Co. ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting in the App.

2. Description of Service

The Kwenda Ticket Scanner App is a mobile application designed to:

• Validate event tickets through QR code scanning
• Validate tickets via SMS codes (automatic and manual entry)
• Manage and select events for ticket validation
• Mark tickets as used after successful validation
• Provide real-time ticket validation status

The App is intended for use by authorized event staff and personnel who have been granted access to validate tickets for events managed by Kwenda Co.

3. Eligibility and Account Requirements

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using the App, you represent and warrant that:

• You are at least 18 years of age
• You have the authority to enter into these Terms
• You will comply with all applicable laws and regulations
• You are authorized by the event organizer to validate tickets

3.2 Account Registration

To use the App, you must:

• Provide a valid email address
• Complete the authentication process using One-Time Password (OTP)
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access

You are responsible for all activities that occur under your account.

4. Permissions and Device Requirements

4.1 Required Permissions

The App requires the following device permissions:

• Camera Access: Required for scanning QR codes and capturing ticket images for OCR processing
• Internet Access: Required for ticket validation, authentication, and event data synchronization
• Network State: Required to check connectivity status

You may revoke these permissions at any time through your device settings, but doing so may limit or prevent the App from functioning properly.

4.2 Device Requirements

The App requires:

• A compatible mobile device (Android or iOS)
• An active internet connection
• A functioning camera
• Sufficient storage space for the App and its data

5. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to the App, servers, or networks
• Interfere with or disrupt the App's functionality or security
• Reverse engineer, decompile, or disassemble the App
• Modify, adapt, or create derivative works of the App
• Use automated systems (bots, scripts) to access the App
• Share your account credentials with unauthorized persons
• Validate tickets for events you are not authorized to validate
• Manipulate, falsify, or tamper with ticket validation results
• Use the App to commit fraud or engage in fraudulent activities
• Collect or harvest information about other users
• Transmit viruses, malware, or other harmful code

6. Ticket Validation

6.1 Validation Methods

The App supports three methods of ticket validation:

• QR Code Scanning: Scan QR codes displayed on tickets using the device camera
• SMS Auto Validation: Capture an image of an SMS ticket, and the App automatically extracts the ticket number using OCR
• SMS Manual Validation: Manually enter the ticket number from an SMS ticket

6.2 Validation Accuracy

While we strive for accuracy, ticket validation results depend on:

• Ticket authenticity and validity
• Network connectivity and server availability
• Image quality (for OCR-based validation)
• QR code readability

We do not guarantee 100% accuracy in all validation scenarios. You should verify suspicious results through alternative means when necessary.

6.3 Validation Responsibility

You are responsible for:

• Ensuring you validate tickets only for events you are authorized to validate
• Verifying ticket authenticity before marking tickets as used
• Handling validation errors appropriately
• Reporting any technical issues or suspicious activities

7. Intellectual Property Rights

The App, including its design, features, functionality, and content, is owned by Kwenda Co. and protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for its intended purpose. This license does not include the right to:

• Copy, modify, or create derivative works
• Redistribute, sublicense, or sell the App
• Remove or alter any proprietary notices
• Use the App for commercial purposes beyond ticket validation

8. User Content and Data

You retain ownership of any data you input into the App. However, by using the App, you grant us a license to:

• Store and process your data to provide the App's services
• Use aggregated and anonymized data for analytics and improvement
• Share data as necessary for ticket validation and fraud prevention

You are responsible for ensuring you have the right to submit any data you provide to the App.

9. Prohibited Activities

• Ticket fraud or counterfeiting
• Unauthorized ticket validation
• Tampering with validation results
• Sharing account credentials
• Using the App to facilitate illegal activities
• Attempting to bypass security measures

10. Disclaimers and Limitations of Liability

10.1 Service Availability

We strive to maintain the App's availability, but we do not guarantee:

• Uninterrupted or error-free operation
• Immediate resolution of technical issues
• Compatibility with all devices or operating systems
• 100% accuracy in ticket validation

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KWENDA CO. SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Errors or inaccuracies in ticket validation
• Unauthorized access to or use of your account
• Interruptions or cessation of the App's services
• Third-party conduct or content

Our total liability shall not exceed the amount you paid to use the App (if any) in the twelve months preceding the claim.

10.3 No Warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kwenda Co., its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Any fraudulent or illegal activities conducted through your account

12. Termination

12.1 Termination by You

You may stop using the App at any time by:

• Logging out of the App (which deletes locally stored data)
• Uninstalling the App from your device

12.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activities
• Unauthorized use of the App
• Security concerns
• At our sole discretion for any reason

12.3 Effect of Termination

Upon termination:

• Your right to use the App will immediately cease
• Locally stored data will be deleted
• We may delete your account and associated data
• Provisions that by their nature should survive will remain in effect

13. Updates and Modifications

We may update, modify, or discontinue features of the App at any time. We are not obligated to:

• Provide notice of updates (except for significant changes)
• Maintain backward compatibility
• Continue supporting older versions of the App

You are responsible for keeping the App updated to the latest version.

14. Third-Party Services

The App may integrate with or use third-party services, including:

• Google ML Kit for OCR functionality
• Cloud services for data storage and processing
• Analytics services

Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

15. Privacy

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.

16. Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Kwenda Co. operates, without regard to its conflict of law provisions.

16.2 Dispute Resolution Process

In the event of any dispute arising from or relating to these Terms or the App:

• You agree to first contact us to attempt to resolve the dispute informally
• If informal resolution is not possible, disputes shall be resolved through binding arbitration or in a court of competent jurisdiction

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kwenda Co. regarding the use of the App and supersede all prior agreements and understandings.

19. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

20. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms at any time without notice.

21. Contact Information

22. Acknowledgment

By using the Kwenda Ticket Scanner App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms, you must not use the App.