End User Licence Agreement.
End User Licence Agreement
Effective Date: 10 April 2026
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE USING ANY OF OUR APPLICATIONS OR SERVICES. This End User Licence Agreement ("EULA" or "Agreement") is a legally binding contract between you ("you," "your," or "User") and Kubeka Legacy Corp (Pty) Ltd, a company registered in the Republic of South Africa, trading as Existence ("Existence," "we," "us," or "our"). This Agreement governs your use of our mobile applications, desktop applications, web applications, and any related software, including but not limited to Groove, TrueTime, CheatCodes, and XFlush (each an "Application" and collectively, the "Applications"). By downloading, installing, accessing, or using any Application, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA. If you do not agree to these terms, do not download, install, or use the Applications.
1. Definitions
In this Agreement, unless the context indicates otherwise: "Application" means any software application developed, published, or distributed by Existence, including Groove (Nightlife and Events), TrueTime (Time Insights), CheatCodes (Transform Reality), and XFlush (Core V2 Migration), and any updates, patches, modifications, or new versions thereof. "Content" means all text, images, audio, video, data, software, code, graphics, logos, trademarks, user interfaces, and other materials contained in or made available through the Applications. "Device" means any smartphone, tablet, computer, or other electronic device on which the Application is installed or accessed. "Intellectual Property Rights" means all patents, copyrights, design rights, trademarks, trade names, trade secrets, know-how, database rights, and all other intellectual property rights, whether registered or unregistered, and all applications for and renewals or extensions of such rights. "Services" means the features, functionality, and services provided through or in connection with the Applications. "Third-Party Content" means any content, services, advertisements, or links provided by third parties that may be accessible through the Applications. "User Content" means any content, data, or materials that you create, upload, submit, or transmit through the Applications.
2. Licence Grant
Subject to your compliance with all the terms and conditions of this Agreement, Existence hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (a) download, install, and use the Applications on Devices that you own or control, solely for your personal, non-commercial use; (b) access and use the Services made available through the Applications in accordance with this Agreement and any applicable documentation; and (c) use any Content made available to you through the Applications solely in connection with your permitted use of the Applications. This licence does not grant you any right, title, or interest in or to the Applications, Content, or Services, except for the limited use rights expressly set forth in this Agreement. All rights not expressly granted to you are reserved by Existence. This licence is effective until terminated by you or by Existence in accordance with the terms of this Agreement.
3. Licence Restrictions
You agree that you shall not, and shall not permit any third party to: (a) copy, reproduce, distribute, republish, download, display, post, or transmit any Application or Content in any form or by any means, except as expressly permitted under this Agreement; (b) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Applications or any part thereof, except to the extent expressly permitted by applicable law, including the Copyright Act 98 of 1978; (c) remove, alter, or obscure any proprietary notices, labels, or markings on the Applications or Content, including any copyright, trademark, or other intellectual property notices; (d) use the Applications for any commercial purpose, including but not limited to selling, renting, leasing, or lending the Applications or any part thereof to any third party without our prior written consent; (e) use the Applications to develop competing products or services, or to benchmark the Applications against competing products or services; (f) use any automated means, including bots, scrapers, spiders, crawlers, or similar technologies, to access, collect data from, or interact with the Applications; (g) attempt to gain unauthorised access to the Applications, servers, networks, or databases connected to the Applications, including through hacking, password mining, or any other means; (h) interfere with or disrupt the integrity, security, or performance of the Applications or the servers or networks connected thereto; (i) use the Applications in any manner that violates any applicable local, provincial, national, or international law or regulation, including but not limited to the Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008, and the Protection of Personal Information Act 4 of 2013; or (j) use the Applications to transmit any viruses, worms, trojan horses, malware, or other harmful or malicious code.
4. Intellectual Property Rights
The Applications, including all Content, features, functionality, design, source code, object code, algorithms, databases, and documentation, are owned by Existence or its licensors and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, including the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and the Designs Act 195 of 1993. The Existence name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kubeka Legacy Corp (Pty) Ltd or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans that appear in the Applications are the trademarks of their respective owners. Nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our Intellectual Property Rights without our express prior written consent.
5. User Content and Licence
You retain all ownership rights in and to any User Content that you create, upload, or submit through the Applications. By submitting User Content through the Applications, you grant Existence a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, developing, providing, promoting, and improving the Applications and Services, and for researching and developing new products and services. You represent and warrant that: (a) you own or have the necessary rights, licences, consents, and permissions to grant the foregoing licence; (b) your User Content does not infringe, violate, or misappropriate any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights; and (c) your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. We reserve the right, but are not obligated, to review, monitor, edit, or remove User Content at our sole discretion and without notice for any reason, including if we determine that User Content violates this Agreement or may be harmful to our reputation or the interests of other users.
6. Account Registration and Security
Certain features of the Applications may require you to register for an account. When registering, you agree to: (a) provide accurate, current, and complete information as prompted by the registration form; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) maintain the confidentiality and security of your password and account credentials; (d) accept all responsibility for any activity that occurs under your account, whether or not authorised by you; and (e) notify us immediately at support@existence-klcorp.com if you become aware of any unauthorised use of your account or any other breach of security. You may not create an account using a false identity, impersonate another person, or use an account belonging to another person without their permission. We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated any provision of this Agreement. You must be at least 18 years of age to create an account. If you are under 18, you may only use the Applications with the involvement and consent of a parent or legal guardian.
7. Subscriptions and In-App Purchases
Certain Applications or features may be available on a subscription basis or may offer in-app purchases. If you choose to subscribe or make an in-app purchase: (a) you agree to pay all applicable fees and charges as described at the time of purchase, including any applicable taxes such as Value-Added Tax (VAT) in accordance with the Value-Added Tax Act 89 of 1991; (b) subscriptions will automatically renew at the end of each billing period unless you cancel before the renewal date through the applicable app store (Apple App Store, Google Play Store) or through your account settings; (c) you may cancel your subscription at any time, but cancellation will take effect at the end of the current billing period, and no refunds will be provided for partial billing periods unless required by the Consumer Protection Act 68 of 2008; (d) we reserve the right to change subscription fees upon reasonable notice, and continued use of the subscription after the fee change takes effect constitutes your agreement to the new fees; (e) all in-app purchases are final and non-refundable, except where required by applicable law; and (f) if payment fails or your account is in arrears, we may suspend or restrict your access to paid features until payment is received. Free trial periods, if offered, will convert to paid subscriptions at the end of the trial unless cancelled beforehand. Prices are displayed in South African Rand (ZAR) unless otherwise indicated.
8. Updates and Modifications to Applications
Existence may from time to time release updates, patches, bug fixes, enhancements, or new versions of the Applications ("Updates"). Updates may be delivered automatically or may require you to download and install them manually. You agree that: (a) Existence has no obligation to provide any Updates or to continue to develop or support any Application; (b) certain Updates may be required in order to continue using the Applications, and failure to install required Updates may result in the Applications not functioning correctly or at all; (c) Updates may modify, add, or remove features and functionality without prior notice; and (d) your continued use of the Applications after an Update constitutes your acceptance of any changes. We may also modify, suspend, or discontinue any Application or Service, in whole or in part, at any time and for any reason, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of any Application or Service.
9. Third-Party Content and Services
The Applications may contain or provide access to Third-Party Content, including links to third-party websites, advertisements, services, and integrations. Third-Party Content is provided for your convenience only and is not endorsed, monitored, or controlled by Existence. We make no representations or warranties regarding the accuracy, completeness, reliability, or availability of any Third-Party Content. Your use of Third-Party Content is at your own risk and may be subject to the terms and conditions and privacy policies of the respective third parties. We are not responsible for any loss, damage, or harm arising from your access to or use of any Third-Party Content. If you access third-party services through the Applications, such as payment processors, social media platforms, or mapping services, your interaction with those services is governed by their respective terms and policies.
10. Privacy and Data Protection
Your privacy is important to us. Our collection, use, disclosure, and protection of your personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Applications, you consent to the collection and processing of your personal information as described in our Privacy Policy, in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). The Applications may collect certain information from your Device, including but not limited to device identifiers, operating system information, usage data, location data (with your consent), and crash reports. This information is used to provide, maintain, improve, and personalise the Applications and Services. For full details on what information we collect and how we use it, please refer to our Privacy Policy.
11. Disclaimer of Warranties
THE APPLICATIONS AND ALL CONTENT, SERVICES, AND FEATURES MADE AVAILABLE THROUGH THE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE CONSUMER PROTECTION ACT 68 OF 2008, EXISTENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EXISTENCE DOES NOT WARRANT THAT: (A) THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE APPLICATIONS WILL BE ACCURATE OR RELIABLE; (C) ANY DEFECTS OR ERRORS IN THE APPLICATIONS WILL BE CORRECTED; OR (D) THE APPLICATIONS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATIONS IS AT YOUR SOLE RISK. Some jurisdictions do not allow the exclusion of implied warranties, so certain of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in this disclaimer is intended to limit any rights you may have under the Consumer Protection Act that cannot be excluded or limited by agreement.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXISTENCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OR INABILITY TO USE THE APPLICATIONS OR SERVICES; (B) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATIONS; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED THROUGH THE APPLICATIONS; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT; OR (F) ANY CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE APPLICATIONS. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APPLICATIONS EXCEED THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED SOUTH AFRICAN RAND (ZAR 100). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF EXISTENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnification
You agree to indemnify, defend, and hold harmless Existence, its parent company Kubeka Legacy Corp (Pty) Ltd, and their respective directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use or misuse of the Applications or Services; (b) your violation of any term or condition of this Agreement; (c) your violation of any applicable law, rule, or regulation; (d) your User Content, including any claim that your User Content infringes or misappropriates the intellectual property rights or other rights of any third party; (e) your violation of any third party's rights, including privacy rights or intellectual property rights; or (f) any activity related to your account, whether or not authorised by you. This indemnification obligation shall survive the termination or expiration of this Agreement and your use of the Applications.
14. Termination
This Agreement is effective from the date you first download, install, access, or use any Application and shall remain in effect until terminated. You may terminate this Agreement at any time by uninstalling all Applications from your Devices and ceasing all use of the Applications. Existence may terminate or suspend this Agreement and your access to the Applications immediately, without prior notice or liability, for any reason, including if: (a) you breach any term or condition of this Agreement; (b) we are required to do so by law or legal process; (c) we discontinue the provision of the Applications or any part thereof; or (d) we determine, in our sole discretion, that your continued use of the Applications poses a risk to the security or integrity of our systems, other users, or third parties. Upon termination of this Agreement: (i) all rights and licences granted to you under this Agreement shall immediately cease; (ii) you must immediately cease all use of the Applications and delete or uninstall all copies of the Applications from your Devices; (iii) any outstanding payment obligations shall survive termination; and (iv) Sections 3 (Licence Restrictions), 4 (Intellectual Property Rights), 5 (User Content and Licence), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 16 (Governing Law and Dispute Resolution), and 18 (General Provisions) shall survive termination.
15. App Store Compliance
If you download or access our Applications through the Apple App Store or Google Play Store (each a "Platform"), you acknowledge and agree that: (a) this Agreement is between you and Existence only, and not with the Platform provider (Apple Inc. or Google LLC); (b) the Platform provider has no obligation to furnish any maintenance or support services with respect to the Applications; (c) in the event of any failure of the Applications to conform to any applicable warranty, the Platform provider shall have no warranty obligation, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to warranty shall be our sole responsibility; (d) the Platform provider is not responsible for addressing any claims you may have relating to the Applications, including product liability claims, consumer protection claims, intellectual property infringement claims, or any other claim under applicable law; (e) in the event of any third-party claim that the Applications or your possession and use of the Applications infringe that third party's intellectual property rights, Existence and not the Platform provider shall be solely responsible for the investigation, defence, settlement, and discharge of any such claim; and (f) the Platform provider and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, the Platform provider will have the right to enforce this Agreement against you as a third-party beneficiary. You must also comply with all applicable Platform terms of service when using the Applications.
16. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties for a period of not less than thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be submitted to and finally resolved by arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) in accordance with its rules then in effect. The arbitration shall take place in Johannesburg, South Africa, and shall be conducted in the English language. The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Nothing in this clause shall prevent either party from approaching the courts for urgent interim relief.
17. Changes to This Agreement
We reserve the right to modify, amend, or update this Agreement at any time in our sole discretion. When we make material changes, we will: (a) update the "Effective Date" at the top of this Agreement; (b) notify you through the Applications, by email, or through other reasonable means; and (c) where required by applicable law, obtain your consent to the revised terms before they take effect. Your continued use of the Applications after the effective date of any changes constitutes your acceptance of the modified Agreement. If you do not agree to the modified terms, you must stop using the Applications and uninstall them from your Devices. We encourage you to periodically review this Agreement to stay informed of any changes.
18. General Provisions
18.1 Entire Agreement: This Agreement, together with our Terms of Service, Privacy Policy, and Cookie Policy, constitutes the entire agreement between you and Existence with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, proposals, agreements, and understandings, whether oral or written, between you and Existence regarding the Applications.
18.2 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from this Agreement. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement.
18.3 Waiver: No failure or delay by Existence in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. Any waiver must be in writing and signed by an authorised representative of Existence to be effective.
18.4 Assignment: You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder, in whole or in part, without our prior written consent. Existence may assign, transfer, or delegate this Agreement or any of its rights or obligations hereunder without your consent. Any attempted assignment, transfer, or delegation in violation of this provision shall be null and void.
18.5 Force Majeure: Existence shall not be liable for any failure or delay in the performance of its obligations under this Agreement to the extent that such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics or pandemics, power outages, telecommunications failures, or internet disruptions.
18.6 Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when sent by email to the applicable party. Notices to Existence shall be sent to support@existence-klcorp.com. Notices to you shall be sent to the email address associated with your account.
18.7 Export Compliance: You agree that you will not export or re-export, directly or indirectly, the Applications or any related technical data to any country, entity, or person to which such export or re-export is restricted or prohibited by applicable law, including South African export control regulations and any applicable international sanctions.
19. Contact Information
If you have any questions, concerns, or feedback regarding this End User Licence Agreement, please contact us at:
Kubeka Legacy Corp (Pty) Ltd, trading as Existence
Address: Katherine St &, Centex Cl, Strathavon, Sandton, 2196, South Africa
Email: support@existence-klcorp.com
By downloading, installing, accessing, or using any Application, you acknowledge that you have read this End User Licence Agreement, understand it, and agree to be bound by its terms and conditions.