QWAN CLOUD ACCOUNTING TERMS & CONDITIONS

QWAN CLOUD ACCOUNTING TERMS & CONDITIONS

Last Updated: August 27, 2025

Welcome to Qwan Cloud Accounting! We're thrilled to have you as a user. This document outlines the rules and legal framework for using our accounting services. It may sound formal, but it contains crucial information about your rights and responsibilities. Please take a moment to read through it carefully.

Your decision to use Qwan Cloud Accounting is entirely optional. If you do not agree with these terms, you should not register an account or use our services.

1. Your Agreement with Qwan Accounting

1.1. Governing Agreement: Your use of Qwan Cloud Accounting's products and services is governed by this agreement, known as the "Terms." When we say "Qwan," we mean Qwan Accounting Technologies Ltd. "You" refers to the customer as defined in the "Definitions" section of this agreement.

1.2. Acceptance of Terms: To use our services, you must first agree to these Terms. Your registration, access to the platform, or any use of our services will be considered an acceptance of these Terms. If you don't agree, you must not use or access our services.

1.3. User Eligibility: You may not use Qwan Cloud Accounting if you are barred from receiving services under the laws of Kenya or any other country where you reside. You must also be at least 18 years old to use our services. By registering, accessing, or using our services, you confirm that you meet this age requirement.

1.4. Non-Contingent Use: You agree that your use of our services is not dependent on the delivery of any future features or functionality, nor is it based on any public statements, whether oral or written, made by Qwan or its affiliates regarding future offerings.

2. Your Account and Use of the Service

2.1. Account Information: You must provide accurate and complete information when you register for a Qwan account. You are responsible for the security of your password and for all activities under your account. If you become aware of any unauthorized use, you must notify Qwan immediately. You are prohibited from sharing your login credentials with others; this is a material breach of these Terms.

2.2. Organizational Accounts: If you use a business email address to register, you represent that you have the authority to do so on behalf of your organization. The organization, as the domain owner, may take control of and manage your account, and any references to "you" or "your" in this context will refer to that organization.

2.3. Authorized Users: Qwan will grant administrative privileges to one designated user ("Admin") from your organization to set up and manage access for other "Authorized Users." The Admin is responsible for deactivating access for any user who is no longer authorized within 15 days.

2.4. Compliance and Prohibited Use: Your use of Qwan Cloud Accounting must comply with all applicable laws and regulations in Kenya. You are responsible for ensuring that all your Authorized Users comply with these Terms. You must not:

3. Privacy, Personal Data, and Your Data

3.1. Data Processing: The handling of your personal data is governed by our Privacy Policy and the Kenya Data Protection Act, 2019, which is incorporated into these Terms. The Privacy Policy details how we collect, use, and protect your data on your behalf.

3.2. Data Ownership: You retain full ownership of all data you upload to the service, including financial records, customer details, and other business information ("Your Data").

3.3. License to Your Data: You grant Qwan a limited, non-exclusive, royalty-free, and worldwide license to use Your Data only as necessary to provide, maintain, improve, and protect the service. This includes using Your Data for technical support, security, and analytical purposes in an aggregated or de-identified format.

3.4. Confidentiality: Qwan will never sell, rent, or share Your Data with third parties for marketing purposes. We do not access or view your data unless it's necessary for technical support, legally required, or to ensure the integrity of the service.

3.5. Portability and Deletion: You can export Your Data at any time through the service's features. Upon your request, or account termination, Qwan will delete Your Data, except where retention is legally required.

4. Fees and Payment

4.1. Subscription Plans: Your access to the service is based on the subscription plan you select. Subscriptions automatically renew for the same term unless you cancel at least 14 business days before the renewal date.

4.2. Fees and Billing: All fees are payable in Kenyan Shillings and are exclusive of taxes. Your payment obligations are non-cancelable, and payments are non-refundable, except where required by law.

4.3. Late Payments: If a payment is not made when due and remains unpaid for seven days, Qwan may charge interest on the overdue amount at a rate of 1.5% per month or the maximum rate permitted by law. Qwan also reserves the right to suspend or terminate your account if payment is overdue for more than seven days.

4.4. Deactivation for Non-Payment: If your fees are overdue for more than 60 days, Qwan has the right to completely deactivate your account and permanently delete all Your Data.

4.5. Price Changes: Qwan can change its pricing at its discretion. Any changes will take effect at the start of your next billing period, and we will provide you with prior notice.

5. Intellectual Property and Confidentiality

5.1. Qwan's Intellectual Property: As between you and Qwan, we own all rights, title, and interest in and to the Qwan Cloud Accounting service, including all intellectual property rights ("Qwan IP"). You may not reproduce, copy, or reverse-engineer the service.

5.2. Feedback: If you provide any feedback, suggestions, or ideas regarding the service, Qwan is free to use and exploit this feedback for any purpose without any obligation to you.

5.3. Confidential Information: "Confidential Information" includes the terms of this agreement and any non-public data, technical information, or business information shared between the parties. Both you and Qwan agree to protect the other party's Confidential Information and use it only for the purpose of this agreement.

6. Disclaimers and Liability

6.1. Warranty Disclaimer: The service is provided "as is" without any warranties of any kind. Qwan specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the service will be uninterrupted, secure, or error-free.

6.2. Limitation of Liability: To the maximum extent permitted by Kenyan law:

6.3. Indemnification: You agree to indemnify and hold Qwan Accounting Technologies Ltd and its affiliates harmless from any third-party claims arising from your misuse of the service, your breach of these Terms, or your violation of any laws.

7. Termination

7.1. Termination by You: You can terminate your account at any time. The termination will be effective at the start of the next billing cycle. You are responsible for exporting Your Data before termination.

7.2. Termination by Qwan: Qwan may suspend or terminate your account without prior notice for any breach of these Terms or for unlawful activity. Qwan may also terminate your account with 30 days' written notice.

7.3. Data Deletion on Termination: Upon account termination, Qwan will delete Your Data, except for any records we are legally required to retain.

8. General Provisions

8.1. Governing Law: These Terms are governed by the laws of Kenya.

8.2. Dispute Resolution: Any disputes arising from these Terms will be resolved through arbitration seated in Nairobi, Kenya, conducted in English.

8.3. Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Qwan regarding the service.

8.4. Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining parts will remain in full force and effect.

9. Contact Us

If you have any questions about these Terms, please contact us at: support@qwan-accounting.com