1. This agreement
These terms form a contract between you and Madstrox Tech Limited (RC 1806575), whose registered office is at C5-506 Rhine Street, River Park Estate, Abuja. They apply from the moment you create an account, pay for an album, or upload a photograph as a guest.
You accept these terms by creating an account or by uploading media to a gallery. That acceptance is recorded electronically and, under the Evidence Act 2011, that record is admissible to prove the agreement between us. If you do not accept these terms, do not use the service.
Our Privacy Policy is part of this agreement, and you should read it alongside these terms.
2. What the words mean
- Album or Event:a single gallery you create for a single occasion.
- Host: the account holder who creates and pays for an album.
- Guest: someone who uploads media to an album by scanning its QR code, without an account.
- Media: the photographs and videos uploaded to an album.
- Plan: the pricing tier bought for an album, which sets its guest limit, storage duration and features.
- QR code: the printed code that carries the link to an album.
3. Who may use it
You must be at least 18 years old and legally capable of entering a contract under Nigerian law to open a host account. If you are creating an album on behalf of a company or an organisation, you confirm that you are authorised to bind it, and these terms bind that organisation as well as you.
Guests are not required to have an account and are not required to be 18, but a guest under 18 should have a parent's or guardian's permission before uploading.
4. Your account
Give us an email address that works and that you control. You must verify it before you can log in, an unverified account cannot be used.
Keep your password to yourself. You are responsible for what happens under your account, unless what happened was our fault. Tell us as soon as you suspect somebody else has access to it.
5. What the service is and what it is not
Owambe Snaps gives you a private event gallery, a printable QR code that points to it, a dashboard to watch it fill up, and a full-resolution ZIP download of everything collected.
So that there is no misunderstanding, here is what we do not provide:
- We are not a photographer and we do not attend your event. Every photograph in your gallery is one a guest chose to upload.
- We do not guarantee that any guest will upload anything. How full your gallery gets depends on your guests, your signage and the venue's network, none of which we control.
- We do not review, screen or moderate uploads before they appear. See section 12.
- We do not edit, retouch or print photographs, and we do not print your QR cards. We give you a print-ready file to take to a printer.
6. Plans, prices and payment
You pay once per album. There is no subscription, no recurring charge and no per-photo or per-download fee. The price is the one shown to you at checkout for the plan you choose, in Nigerian Naira.
All prices displayed include Value Added Tax at the prevailing rate. The figure you see at checkout is the figure you pay, with nothing added afterwards. A tax invoice is available on request.
Payments are processed by Paystack. We do not receive or store your card details. We may change our prices, plans and discounts at any time, but a change never affects an album you have already paid for.
Your album stays a draft until payment succeeds. No QR code and no live gallery exists before then.
7. Cancellation and refunds
Your rights under the Federal Competition and Consumer Protection Act 2018 apply to this contract and nothing in these terms takes them away. In addition, and to make the position clear rather than leave you to argue it:
- Before any guest has uploaded. If you change your mind and no media has been uploaded to your album, tell us within 7 days of payment and we will refund you in full.
- If the service fails materially. If your QR code or gallery does not work for reasons within our control, and we cannot fix it in reasonable time, you are entitled to a refund of what you paid for that album.
- If we cancel or suspend your album other than for a breach of these terms, we will refund you in full.
- After guests have uploaded. Once your gallery is in use, the service has been delivered and we do not generally refund. This does not affect either of the two rights above, or any right you have under the FCCPA.
To ask for a refund, write to madstrox@gmail.com or message us on WhatsApp at +234 904 257 8445. Refunds go back by the route you paid, normally within 14 days of us agreeing to them.
8. Upgrading mid-event
If more guests turn up than your plan covers, you can upgrade from your dashboard while the event is running. You pay the difference between the plans at the prices then current. Your QR code does not change, so cards you have already printed keep working.
We do not downgrade plans or refund the difference.
9. Guest limits and storage duration
Each plan has a guest limit and a storage duration, both shown at checkout. When the guest limit is reached, further guests cannot upload until you upgrade.
Download your full-resolution ZIP and keep your own copy. It is your event and you should not rely on us as your only archive of it.
10. Who owns the photographs
The guest who took a photograph owns the copyright in it under the Copyright Act 2022. Uploading it to Owambe Snaps does not transfer that ownership to the host, and it does not transfer it to us.
By uploading, a guest grants the host of that album a licence to view, download, print, keep and share the media for the host's own personal, private and non-commercial purposes connected with the event. A host who wants to use a guest's photograph commercially, in advertising, for instance, needs that guest's separate permission.
By uploading, a guest also grants us a strictly limited licence to store the media, generate thumbnails and previews of it, package it into ZIP downloads, and deliver it to the album's viewers. That licence exists only so that we can run the service, and it ends when the media is deleted. It does not permit us to publish your photographs, use them to promote Owambe Snaps, sell them, license them to anyone else, or use them to train any machine learning model. If we ever want to use a photograph in our own marketing, we will ask the person who took it, and we will accept no for an answer.
Moral rights. Under the Copyright Act 2022 the author of a photograph keeps the right to be identified as its author and to object to derogatory treatment of the work. Those rights are personal to the author and cannot be assigned away, and nothing in these terms purports to assign them.
We own the Owambe Snaps software, brand, card templates and designs. Your event name, your card headline and the photographs remain yours.
11. What you must not upload or do
You must not use Owambe Snaps to upload or share:
- Any sexual image of a child. This is a serious criminal offence under the Cybercrimes (Prohibition, Prevention, etc.) Act 2015. We report it to the authorities and we preserve the evidence.
- Intimate or sexual images of any person shared without their consent.
- Photographs of a person taken in circumstances where they had a reasonable expectation of privacy, or taken to harass, stalk or intimidate them.
- Material that infringes someone else's copyright or other rights.
- Material that is obscene, threatening, defamatory, or that incites violence or hatred.
- Malware, or any file disguised as a photograph or video.
You must also not:
- Try to reach an album you were not given the link to, or guess, scrape or enumerate gallery addresses.
- Attempt to get around guest limits, plan limits or payment.
- Probe, scan or attack the service, or attempt to gain unauthorised access to any part of it. Unauthorised access to a computer system is an offence under the Cybercrimes Act 2015.
- Use the service to send spam, or for any unlawful purpose.
As a guest, when you upload you confirm that the media is yours to upload and that you are not uploading photographs of people who would object to their being shared with the host and the other guests at that event.
12. Moderation: what we actually do
What we do instead is act on notice. A host can hide any item in their own gallery at any time. Anyone, host, guest, or a person who appears in a photograph, can report content to us, and we will review it and remove anything that breaches section 11 or the law. We can remove content and suspend accounts where we find a serious breach.
Because we do not monitor, we are not in a position to know about unlawful content until somebody tells us. Tell us, and we will act.
13. Reporting content and taking it down
To report anything, a photograph of you, a photograph of your child, content that infringes your copyright, or anything unlawful, email madstrox@gmail.com. Tell us the gallery link if you have it, or describe the event and the content. You do not need an account to report something.
We aim to acknowledge reports within 2 working days and to deal with them within 7. Anything involving a child, or an intimate image shared without consent, is treated as urgent and dealt with immediately.
For copyright complaints, tell us what the work is, where it appears, and confirm that you own it or are authorised to act for the owner. If we remove your content and you believe we were wrong, write to us and we will reconsider.
14. Suspension and termination
We may suspend or close an account, or remove an album, where there has been a serious or repeated breach of these terms, where we are required to by law, or where the account is being used fraudulently. Except where the law or the seriousness of the breach makes it impossible, we will tell you why and give you a chance to put it right first.
You may stop using the service at any time, and you may ask us to close your account and delete your data, see section 12 of the Privacy Policy for how.
If we close your account because you breached these terms, you are not entitled to a refund. If we close it for any other reason, section 7 applies.
15. Availability
We work to keep the service running throughout your event, but we do not promise uninterrupted availability and we do not offer a service level guarantee. We may take the service down for maintenance, and we will avoid doing so at weekends where events are most likely.
We are not responsible for failures caused by things outside our reasonable control, including power failure, loss of internet or mobile network at your venue, failures at our hosting or payment providers, industrial action, or an act of government. Nigerian venues being what they are, please treat the mobile network at your hall as the most likely point of failure, and print your cards early.
16. Our liability
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded, including any liability under the Federal Competition and Consumer Protection Act 2018.
Subject to that, our total liability to you in connection with an album is limited to the amount you paid us for that album, and we are not liable for indirect or consequential loss, loss of profit, or loss of an opportunity.
We are also not liable for what your guests upload, for what a host does with media once downloaded, or for the loss of media caused by your failure to download your ZIP. Please keep your own copy.
17. Your responsibility to us
If you are a host, you are responsible for the event you created and for telling your guests what you are collecting. If somebody brings a claim against us because of media collected at your event, for example because a person photographed at it says their rights were breached, you agree to cover the reasonable costs and damages we suffer, provided the claim did not arise from our own breach or negligence, and provided we tell you about the claim promptly and let you have a say in how it is handled.
18. Data protection
How we handle personal data is set out in our Privacy Policy. If you are a host, note in particular that you are the data controller for the photographs collected at your event, that this carries duties under the Nigeria Data Protection Act 2023, and that the most important of them is telling your guests what is being collected and why.
19. Changes to these terms
We may change these terms. If a change materially affects your rights, we will email hosts at least 14 days before it takes effect, and it will not apply to an album you have already paid for. Continuing to use the service after a change takes effect means you accept it.
20. Governing law and disputes
This agreement is governed by the laws of the Federal Republic of Nigeria.
If we disagree about something, please write to us first, most problems are solved in a day by someone reading the message. If that does not resolve it, we both agree to try mediation at the Abuja Multi-Door Courthouse before going to court. If mediation does not resolve it, the High Court of the Federal Capital Territory has jurisdiction.
None of this stops you complaining to a regulator. You may take a consumer complaint to the Federal Competition and Consumer Protection Commission, or a data protection complaint to the Nigeria Data Protection Commission, at any time, whether or not you have spoken to us first.
21. General
- If any part of these terms is found to be unenforceable, the rest continues to apply.
- If we do not enforce a term straight away, we do not lose the right to enforce it later.
- You may not transfer your rights under this agreement without our consent. We may transfer ours if the business is sold, and your rights are unaffected.
- These terms, together with the Privacy Policy, are the whole agreement between us about the service.
- Nobody other than you and us has rights under this agreement.
- We will send notices to the email address on your account. Send notices to us at the address in section 22.
22. How to reach us
Madstrox Tech Limited (RC 1806575), C5-506 Rhine Street, River Park Estate, Abuja. Email madstrox@gmail.com. WhatsApp +234 904 257 8445.