Terms of Service

Last Updated: 10 - 01- 2025

1. Introduction

Welcome to motogende. By accessing or using our interactive SMS service (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, please do not use the Service.

2. Description of the Service

Motogende is an interactive SMS-based platform that connects passengers and businesses with a reliable network of registered transport providers including motorbike riders, car drivers, and light goods vehicle operators for rapid transport of passengers, packages, documents, meals, materials, medical supplies and more. The Service is accessible on any mobile device via standard SMS messaging and is designed to work even without internet access.

3. Eligibility and Registration

Eligibility: The Service is available to users who are at least 18 years old.
Registration: Some features of the Service require registration. You agree to provide accurate and up-to-date information and to keep your account credentials confidential. You are solely responsible for all activity on your account.

4. Acceptable Use

Lawful Use: You agree to use the Service only for lawful purposes and in accordance with these Terms.
Prohibited Conduct: The following activities are strictly prohibited:
- Abuse, harassment, hate speech, or any form of discrimination.
- Fraudulent activities, including impersonation and unauthorised access.
- Any behaviour that compromises the security or integrity of the Service.
Monitoring: While the Service operates via SMS, we actively monitor messaging for abuse and fraudulent activity. Any violations may result in the suspension or termination of your account.
Review our Trust and Safety Policy here...

5. Payment and Pricing

Free-to-Use Service: Our core service is free-to-use for general users, with payments made directly to the transport provider.
Registered users can opt for additional features such as fixed-rate fares and Mobile Money payments, with a small commission fee applied where applicable.
Business and Premium Services: Business partners may access premium functionalities under separate commercial agreements.

6. Promotional Communications

We may, from time to time, send promotional SMS messages featuring local services and offers that we believe may be of interest to our community users. Our aim is to provide relevant, helpful information while respecting your communication preferences and local regulations.

Opt-Out Options:

Unregistered community users will have the option to opt out of receiving promotional messages at the point of receipt. Registered users can manage their advertising preferences within their account settings, choosing whether to opt in or out of promotional communications.

Compliance with Local Regulations:

We strictly adhere to all applicable local regulations. This means that:

We will only send promotional SMS messages during end-users' daytime hours unless the communication is urgent.
All SMS campaigns will include clear HELP/STOP instructions—and similar opt-out messages—in the end user's local language.
We will not contact end users who are listed on do-not-call or do-not-disturb registries.

By using our Service, you acknowledge and agree to receive promotional communications in accordance with these terms, unless you have opted out.

7. Intellectual Property

All content, trademarks, logos, and intellectual property related to the Service are owned by motogende or its licensors. You agree not to reproduce, distribute, or create derivative works without our express written consent.

8. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and safeguard your personal data. By using the Service, you consent to our data practices as outlined in the Privacy Policy. We are fully GDPR-compliant, and we do not sell or share your personal data with third parties.

9. Data Security

Data at Rest: We protect your data with AES-256 encryption.
Data in Transit: All data transmitted via the Service is secured using TLS/SSL encryption.
Access Controls: Business partners accessing the Service are required to use multi-factor authentication to ensure secure data access.

10. Customer Support

We are committed to providing you with reliable support for our Service. Our support team is available via SMS, email, and phone to assist you with any questions or issues. For quick access to answers, please refer to our Support Center and FAQ section on our website. While we strive to respond to all inquiries promptly, please note that support availability and response times may vary based on the nature of your request and our current service levels. By using our Service, you agree to our support procedures and understand that our support services are subject to periodic updates.

11. Termination and Opting Out

You may terminate your use of the Service at any time. To opt out, simply follow the unsubscribe instructions provided in our SMS communications or contact our customer support team directly. Upon termination, your account will be deactivated and, in accordance with our Privacy Policy, your personal data will be deleted or anonymized. We reserve the right to suspend or terminate your access to the Service if you violate these Terms.

12. Disclaimers

The Service is provided “as is” and “as available” without any warranties, express or implied. While we strive to maintain high performance and reliability, we do not guarantee uninterrupted or error-free operation. You use the Service at your own risk.

13. Limitation of Liability

To the maximum extent permitted by law, motogende shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the fees paid by you for the Service in the three (3) months preceding your claim.

14. Indemnification

You agree to indemnify and hold harmless motogende and its affiliates from any claims, damages, or losses arising from your use of the Service or violation of these Terms.

15. Modifications to the Service and Terms

We reserve the right to modify or discontinue the Service at any time, with or without notice. We may also update these Terms from time to time. Any changes will be posted on our website, and your continued use of the Service constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of Uganda. Any disputes arising from these Terms will be resolved in the courts of Kampala.

17. Contact Information

If you have any questions or concerns about these Terms or the Service, please contact us at:

Email: info@motogende.com
Address: P.O. box 242, Jinja, Uganda