Terms of Service

By registering for, accessing, or using the VerifyGuard Africa platform, website, and associated services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms and conditions that may apply.

If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms. In that case, "you" and "your" refer to that organisation.

If you do not agree to these Terms, you must not use the Services.

VerifyGuard Africa provides an enterprise anti-counterfeiting platform including:

• Generation of cryptographically signed, unique QR codes linked to specific products.
• Consumer-facing product verification at verifyguard.africa/v/[token].
• AI-powered anomaly detection and risk scoring for each QR code scan.
• An analytics and brand intelligence dashboard.
• Batch QR code management, download, and export tools.
• Team management with role-based access control.
• Consumer counterfeit reporting.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice where practicable.

To use the full Services, you must create an account. You agree to:

• Provide accurate, current, and complete registration information.
• Maintain the security and confidentiality of your credentials.
• Immediately notify us at security@verifyguard.africa of any actual or suspected unauthorised access to your account.
• Take responsibility for all activity that occurs under your account.

You may not share your account credentials, create accounts by automated means, or create multiple accounts to circumvent restrictions or bans.

We reserve the right to suspend or terminate accounts that breach these Terms or engage in suspicious activity.

You may use the Services solely for legitimate anti-counterfeiting and brand protection purposes. Permitted uses include:

• Generating QR codes for your own genuine products.
• Monitoring scan analytics for your own QR codes.
• Managing your organisation's account and team members.
• Using verification results to detect counterfeit activity affecting your brand.

You must not use the Services to:

• Generate QR codes for products you do not own or have authority to represent.
• Attempt to forge, clone, or reverse-engineer the QR authentication system.
• Conduct automated attacks, denial-of-service attempts, or vulnerability scans against the platform.
• Scrape, harvest, or systematically download platform data without prior written authorisation.
• Circumvent rate limits or other technical access controls.
• Impersonate another person, organisation, or brand.
• Engage in any activity that is illegal under applicable law.
• Use the platform to harass, threaten, or harm any person.
• Introduce malware, viruses, or other malicious code into the Services.

Violation of these restrictions may result in immediate account termination and may be referred to law enforcement.

QR codes generated through the Services are:

• Cryptographically tied to your organisation's secret key.
• Intended for application to genuine products in your supply chain.
• Subject to the scan limits and rate limits set by your subscription plan.

You are solely responsible for the physical application, distribution, and security of your QR codes and labels. VerifyGuard Africa is not liable for:

• Counterfeit QR codes that are created using images of your legitimate QR codes.
• Mis-application of QR codes to incorrect products by you or your supply chain.
• Consumer decisions made based on verification results.

All software, algorithms, designs, trademarks, and content comprising the Services are the exclusive property of VerifyGuard Africa Ltd or its licensors. Nothing in these Terms grants you any rights in the intellectual property of VerifyGuard Africa except the limited licence to use the Services as expressly set out herein.

You retain full ownership of your data (product information, brand assets, and QR code datasets) that you upload to or generate using the Services. By uploading content, you grant VerifyGuard Africa a limited, non-exclusive licence to use that content solely to provide the Services.

The Services may provide you access to confidential information including scan analytics, risk scores, and counterfeit intelligence. You agree to maintain the confidentiality of such information and not to disclose it to third parties except as required by law or as necessary to enforce your rights against counterfeiters.

Your secret API key is a confidential credential. Do not share it, embed it in public code repositories, or expose it in client-side code. If your key is compromised, use the key regeneration feature immediately.

Access to certain features requires a paid subscription. By subscribing:

• You authorise us to charge your payment method on a recurring basis at the then-current subscription price.
• Fees are non-refundable except as required by applicable consumer protection law.
• We will provide reasonable notice of price changes before they take effect.
• You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.

Free plan features may be modified or discontinued with reasonable notice.

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

We do not warrant that:
- The Services will be uninterrupted, error-free, or completely secure.
- Verification results are 100% accurate or that all counterfeits will be detected.
- The platform will identify all counterfeit activity affecting your brand.

Our anomaly detection system is a risk-scoring tool, not a legal determination. You should use verification results as one input in your broader brand protection strategy.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFYGUARD AFRICA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO VERIFYGUARD AFRICA IN THE TWELVE MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless VerifyGuard Africa and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Services in breach of these Terms.
• Your violation of any third-party rights.
• Your data or content uploaded to the Services.
• Any dispute between you and a consumer or third party arising from your use of the Services.

We may suspend or terminate your access to the Services immediately if:

• You breach any provision of these Terms.
• We are required to do so by law.
• Your use of the Services poses a security or legal risk.

You may terminate your account at any time by contacting support@verifyguard.africa. Upon termination, your access to the Services will cease and your data will be handled in accordance with our Privacy Policy and data retention schedule.

Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will survive.

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of law principles.

Any disputes arising under these Terms shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered by the Nairobi Centre for International Arbitration (NCIA), with proceedings conducted in English in Nairobi, Kenya.

Nothing in this section shall prevent either party from seeking urgent injunctive relief from a court of competent jurisdiction.

We may update these Terms from time to time. We will notify you of material changes by email or prominent platform notice at least 14 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

For questions about these Terms, please contact:

Email: legal@verifyguard.africa
Address: VerifyGuard Africa Ltd, Westlands, Nairobi, Kenya.