Terms and Conditions

Overview

These Terms cover two different user groups: event attendees using Bendie and organizations and their authorized personnel using Bendie Planner. Commercial commitments, service levels, fees and data-processing terms for an organizational customer are also recorded in an Order Form, subscription agreement or other written agreement. If that agreement conflicts with these Terms, the signed agreement will control to the extent of the conflict.

1. Definitions

• Attendee means a person invited to, registered for or participating in an event using Bendie.
• Organizer means the organization, agency, institution or customer responsible for an event and, where relevant, the customer purchasing the Services.
• Authorized User means a person permitted by an Organizer to use Bendie Planner or administer an event.
• Services means the Bendie website, Bendie attendee application, Bendie Planner application and related configuration, support and services.
• Event Content means agendas, sessions, speakers, exhibitor and sponsor information, logistics, messages, media and other material supplied or approved for an event.
• User Content means content submitted by a user, including profiles, messages, ratings, feedback, photos, captions, reactions and planner notes.
• Order Form means a quotation, order, statement of work, subscription document or other written commercial agreement accepted by Bendie and an Organizer.

2. Eligibility and authority

You must have legal capacity to accept these Terms. If you use the Services for an organization, you represent that you are authorized to bind that organization or that you are using the Services under authority granted by it. Users below the applicable age of legal consent may use the Services only with the authorization and supervision required by law and the relevant Organizer.

3. Access to the Services

Attendee access. Access to a Bendie-powered event is generally limited to registered attendees. An attendee may be required to download Bendie from an official app store, enter the email address used for registration and use a secure code. Downloading the app alone does not guarantee access to an event. Invitations, eligibility, registration records and event access may be controlled by the Organizer.

Bendie Planner access. Bendie Planner is provided to organizational customers and their Authorized Users under an approved account, subscription or Order Form. The Organizer is responsible for identifying Authorized Users, assigning appropriate roles and promptly removing access that is no longer required.

Account and access security. You must provide accurate information, protect your device, account credentials and access codes, and promptly notify support@bendie.app of suspected unauthorized access. You may not share an individual account or code unless Bendie or the Organizer expressly permits it. You are responsible for activity carried out through your access where permitted by law.

4. Bendie Services

Bendie attendee application. Depending on event configuration, Bendie may provide agendas, sessions, breakout-room details, speaker and presenter profiles, ratings, smart matchmaking, attendee connections, chat, sponsor and exhibitor information, games, leaderboards, gallery content, push notifications and configured travel or transfer information. Not every capability is available at every event.

Bendie Planner. Depending on the agreed subscription and configuration, Bendie Planner may support multiple events, programmes, production schedules, tasks, team roles, accommodation, flights, transfers, operational notes and event dashboards. The Organizer remains responsible for event decisions, staffing, safety, accuracy, supplier performance and delivery.

Changes and availability. Bendie may improve, update or change the Services. Bendie will not materially reduce paid organizational functionality during a committed subscription term except where necessary for security, law, third-party dependency changes or as permitted by the applicable Order Form. Planned support, maintenance and material service commitments will be described in the organizational agreement.

5. Organizer responsibilities

Organizers must:

• Provide accurate, current and lawful event, attendee, team, programme and logistics information.
• Obtain all permissions, notices, consents and other legal grounds required to provide personal information and Event Content to Bendie.
• Decide who may access the event and promptly correct or remove inaccurate access records.
• Configure roles and permissions appropriately and supervise Authorized Users.
• Review event information, schedules, travel details, transfer details and notifications before relying on or publishing them.
• Establish and communicate event rules, safety arrangements, emergency procedures and participant conduct requirements.
• Handle registration, attendance eligibility, refunds, cancellations, venue operations and event delivery unless a signed agreement expressly assigns a responsibility to Bendie.
• Ensure that Event Content and supplied materials may lawfully be used in the Services.
• Comply with applicable privacy, employment, marketing, consumer, accessibility and sector-specific laws.

6. Acceptable use

You must not misuse the Services. Bendie or an Organizer may investigate suspected misuse, preserve relevant evidence, remove content, restrict features or suspend access where reasonably necessary to protect users, the Services, an event or legal rights.

• Do not break the law, infringe rights, deceive, harass, threaten, discriminate or promote violence or unlawful activity.
• Do not upload malicious code, probe security, bypass access controls, interfere with service operation or attempt unauthorized access.
• Do not impersonate another person, misrepresent affiliation, share unauthorized access codes or collect information about others without permission.
• Do not send spam, unsolicited promotions or abusive communications, or use networking and chat for prohibited marketing.
• Do not upload unlawful, defamatory, obscene, privacy-invasive, unauthorized confidential or infringing content.
• Do not scrape, copy, reverse engineer, decompile, resell, sublicense or commercially exploit the Services except as law permits or Bendie agrees in writing.
• Do not use automated systems to overload the Services or extract event-participant data.
• Do not use the Services for high-risk emergency, medical, aviation, transport-control or safety-critical decisions for which they were not designed.

7. Networking, matchmaking and communications

Match suggestions support introductions and are not guarantees of compatibility, identity, qualification, availability or conduct. Users decide whether to connect, meet or communicate and should use appropriate judgment. Bendie is not a party to user conversations or relationships. Users must respect profile visibility, communication preferences and event rules.

Chat and other communication tools may be monitored or reviewed only as permitted by law, the Privacy Policy, safety requirements and event rules. Users should not share sensitive, confidential or unnecessary personal information through event communications.

8. Ratings, games, leaderboards and event interactions

Ratings and feedback should be honest, relevant and respectful. Game and leaderboard rules may vary by event and may be changed, corrected or cancelled where necessary to address error, abuse, fairness or event changes. Unless expressly stated in official event rules, points or rankings have no cash value and do not guarantee a prize or benefit. Prize terms, eligibility and tax responsibilities are determined by the Organizer or identified sponsor.

9. User Content

You retain ownership of User Content you create. You grant Bendie, the relevant Organizer and their contracted service providers a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, transmit, display and otherwise use that content only as reasonably necessary to operate, support, secure and present the relevant event and Services, subject to the Privacy Policy and event settings.

You confirm that you have the rights and permissions needed to submit User Content and that it complies with these Terms. Content shared in profiles, chat, leaderboards or galleries may be visible to the audience indicated by the app or Organizer. Bendie may remove or restrict content that violates these Terms, event rules, law or third-party rights.

10. Bendie and Organizer content

The Services, software, designs, interfaces, databases, documentation, Bendie names and logos, and Bendie-created content are owned by Bendie or its licensors and protected by applicable law. Event Content may be owned by the Organizer, speakers, sponsors, exhibitors or other licensors. Subject to these Terms and any Order Form, Bendie grants users a limited, revocable, non-exclusive, non-transferable right to use the Services for their intended event or organizational purpose. No other rights are granted.

11. Feedback

If you provide suggestions about the Services, Bendie may use them without restriction or payment, provided this does not give Bendie ownership of personal information or confidential material and remains subject to the Privacy Policy and any written confidentiality obligations.

12. Organizational subscriptions, fees and payment

Fees, taxes, subscription term, user or event limits, included services, payment dates, renewal, cancellation and implementation work will be specified in an Order Form. Unless the Order Form states otherwise, fees are non-cancellable and non-refundable to the extent permitted by law, and undisputed overdue amounts may result in suspension after reasonable notice. Bendie may change future pricing on notice, but changes will not apply retrospectively to a committed paid term unless agreed.

Consumer cancellation or refund rights that cannot lawfully be excluded remain unaffected. An Organizer is responsible for its own attendee ticketing, refunds and event cancellation obligations unless Bendie expressly accepts those responsibilities in writing.

13. Confidentiality

Each party receiving non-public business, technical or operational information from the other must protect it using reasonable care and use it only for the agreed relationship. Confidentiality obligations do not apply to information that is public without breach, already lawfully known, independently developed or lawfully received from another source. Required legal disclosures may be made after giving notice where permitted. Detailed organizational confidentiality terms may be included in the Order Form or a separate agreement.

14. Privacy and data processing

The Bendie Privacy Policy explains how Bendie handles personal information. Where Bendie processes personal information for an Organizer, the parties must enter into a data processing agreement addressing instructions, confidentiality, security, subprocessors, rights requests, incident notification, international transfers, return and deletion, and audit information. The Organizer remains responsible for its own lawful collection and instructions.

Read the Privacy Policy.

15. Third-party services and app stores

The Services may depend on or link to app stores, cloud providers, maps, email, messaging, analytics, event suppliers or other third parties. Their independent services are governed by their own terms. Bendie is not responsible for independent third-party content or performance, but will meet its obligations for subcontractors used to provide the Services. Apple and Google are not parties to these Terms except to the extent required by their applicable platform terms, and they have no obligation to provide Bendie support.

16. Suspension and termination

Bendie may suspend or restrict access where reasonably necessary to address non-payment, security risk, unlawful activity, material breach, harm to users or the Services, or a legal requirement. Where practicable, Bendie will give notice and an opportunity to correct the issue. An Organizer may remove an attendee or Authorized User from an event.

Organizational termination rights and consequences are governed by the Order Form. On termination, the licence to use the affected Services ends. Payment obligations, intellectual property, confidentiality, disclaimers, liability, dispute terms, lawful data retention and provisions intended by their nature to continue will survive termination. Data return and deletion will follow the Privacy Policy, data processing agreement and applicable law.

17. Service disclaimers

To the maximum extent permitted by law, the Services are provided on an "as available" basis. Bendie does not guarantee uninterrupted or error-free operation, that every feature will be available at every event, that Event Content is accurate, or that matchmaking will produce a desired result. Event schedules, venues, speakers, travel, accommodation and transfers may change and should be confirmed with the Organizer or relevant provider.

Bendie does not organize or control an event unless a signed agreement expressly says otherwise. The Organizer, venues, transport providers, hotels, speakers, exhibitors, sponsors and other event parties are responsible for their own acts, omissions and services. Nothing in these Terms excludes guarantees or rights that cannot lawfully be excluded.

18. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, goodwill or data, arising from the Services. For an organizational customer, Bendie's total aggregate liability arising from the Services will not exceed the fees paid or payable by that customer for the affected Services during the 12 months before the event giving rise to the claim, unless the applicable Order Form states a different cap.

Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence where such limitation is prohibited, violation of intellectual-property rights, breach of confidentiality, data-protection obligations to the extent they cannot be limited, or any other liability that law does not allow the parties to exclude.

19. Indemnities for organizational customers

To the extent permitted by law and subject to the applicable Order Form, an Organizer will defend and indemnify Bendie against third-party claims arising from Organizer-provided data or Event Content, unlawful instructions, failure to obtain required permissions, the Organizer's event operations, or misuse by its Authorized Users. Bendie will provide a corresponding intellectual-property infringement remedy for the Bendie software, subject to customary exclusions and control of the defence.

20. Governing law and disputes

These Terms are governed by the laws of Kenya, without regard to conflict-of-law rules. The courts of Nairobi, Kenya will have exclusive jurisdiction, unless an Order Form provides an agreed arbitration process or mandatory consumer law permits another forum. Before formal proceedings, the parties should attempt in good faith to resolve the dispute through written notice and escalation for 30 days.

21. Changes to these Terms

Bendie may update these Terms to reflect service, legal or operational changes. The current version will show its effective date. Material changes affecting an active paid organizational term will be handled according to the Order Form and applicable law. Continued use after an effective update constitutes acceptance only where that method of acceptance is legally valid; otherwise Bendie will request affirmative acceptance.

22. General terms

• Entire agreement. These Terms, the Privacy Policy, the applicable Order Form and incorporated policies form the agreement for the relevant Services.
• Priority. A signed Order Form controls over these Terms for an express conflict; a data processing agreement controls for processing personal information on behalf of an Organizer.
• Assignment. Users may not assign rights under these Terms without Bendie's consent. Bendie may assign the agreement as part of a reorganization, financing, merger or sale, subject to applicable law and continuing obligations.
• Force majeure. Neither party is responsible for delay caused by events beyond reasonable control, except for payment obligations and responsibilities that law does not excuse.
• No waiver. Failure to enforce a provision is not a waiver.
• Severability. If a provision is unenforceable, it will be adjusted or removed to the minimum extent necessary and the remainder will continue.
• No partnership. These Terms do not create employment, agency, partnership or joint venture between Bendie and a user or Organizer.
• Electronic notices. Notices may be delivered electronically where permitted. Formal notice details for organizational customers are specified in the Order Form.
• Language. These Terms are written in English. If Bendie provides a translation, it is provided for convenience. To the extent permitted by law, the English version controls if there is any inconsistency.

23. Contact

Questions about these Terms may be directed to Stawi Experiences Limited, trading as Bendie.

• Physical address: Muchai Road, off Ngong Road, opposite Aki Centre, Nairobi, Kenya
• Postal address: P.O. Box 38173-00100, Nairobi, Kenya
• General support: support@bendie.app
• Security reports: support@bendie.app
• Commercial enquiries: hello@bendie.app
• Telephone: +254 710 800 100