Terms of Service.
Terms of Service
Effective Date: 10 April 2026
Welcome to Existence. These Terms of Service ("Terms") govern your access to and use of the websites, mobile applications, and digital services (collectively, the "Services") operated by Kubeka Legacy Corp (Pty) Ltd ("Existence," "we," "us," or "our"), a company registered in South Africa. Our Services include, but are not limited to, Groove, TrueTime, CheatCodes, XFlush, and any other applications or platforms we may offer from time to time. By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
1. Eligibility
You must be at least 13 years of age to use our Services. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using the Services, you represent and warrant that you meet these eligibility requirements. We reserve the right to request proof of age or parental consent at any time and to suspend or terminate accounts that do not comply with this requirement.
2. Account Registration and Security
Certain features of our Services may require you to create an account. When registering, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to 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. Existence shall not be liable for any loss or damage arising from your failure to safeguard your account information. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised or is being used in violation of these Terms.
3. Use of Services
We grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use our Services for your personal, non-commercial purposes, subject to these Terms. You agree not to: (a) copy, modify, distribute, sell, or lease any part of our Services; (b) reverse-engineer or attempt to extract the source code of our software; (c) use the Services for any unlawful purpose or in violation of any applicable local, national, or international law or regulation; (d) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (e) attempt to gain unauthorised access to the Services, other user accounts, or any related systems or networks; (f) use automated scripts, bots, crawlers, or similar tools to access or interact with the Services without our prior written consent; (g) upload, transmit, or distribute any viruses, malware, or other harmful code; or (h) impersonate any person or entity or misrepresent your affiliation with any person or entity.
4. User Content
Our Services may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, audio, and other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content through our Services, you grant Existence a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the Services. You represent and warrant that you own or have the necessary rights and permissions to submit your User Content and to grant the licence described above, and that your User Content does not infringe or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights. We reserve the right, but have no obligation, to monitor, review, or remove User Content at our sole discretion for any reason, including content that we believe violates these Terms or may be harmful, objectionable, or inaccurate.
5. Intellectual Property
The Services and all content, features, and functionality thereof, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Existence, its licensors, or other providers of such material and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 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 on the Services are the trademarks of their respective owners.
6. Subscriptions and Payments
Some of our Services or features within them may be offered on a subscription or paid basis. Where applicable, pricing, billing cycles, and payment terms will be presented to you before purchase. By subscribing to or purchasing a paid Service, you agree to pay all applicable fees and charges. All payments are processed through third-party payment processors (such as the Apple App Store or Google Play Store), and you agree to comply with their respective terms of service. Unless otherwise stated, subscriptions will automatically renew at the end of each billing cycle at the then-current rate unless you cancel before the renewal date. You may manage or cancel your subscription through the platform from which you originally purchased it. Refunds are handled in accordance with the refund policies of the applicable app store or payment platform. Existence reserves the right to change subscription fees upon reasonable notice, and continued use of the paid Service after such notice constitutes acceptance of the updated fees.
7. Third-Party Services and Links
Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Existence. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Existence shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.
8. Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. EXISTENCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXISTENCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF EXISTENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO EXISTENCE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED SOUTH AFRICAN RAND (ZAR 100), WHICHEVER IS GREATER. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY UNDER THE CONSUMER PROTECTION ACT 68 OF 2008 WHERE APPLICABLE.
9. Indemnification
You agree to defend, indemnify, and hold harmless Existence, its parent company Kubeka Legacy Corp (Pty) Ltd, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your User Content; (d) your violation of any rights of a third party; or (e) your violation of any applicable law, rule, or regulation. This indemnification obligation shall survive the termination of these Terms and your use of the Services.
10. Termination
We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may do so by discontinuing use of the Services and, where applicable, deleting your account through the relevant application settings. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. Existence shall not be liable to you or any third party for any termination of your access to the Services.
11. Privacy
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy. We comply with the Protection of Personal Information Act 4 of 2013 (POPIA) and other applicable data protection legislation. We encourage you to review our Privacy Policy to understand our practices regarding your personal data.
12. Modifications to the Services and Terms
Existence reserves the right to modify, suspend, or discontinue any part of the Services at any time, temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. We also reserve the right to update or revise these Terms at any time. When we make material changes to these Terms, we will notify you by updating the "Effective Date" at the top of this page and, where appropriate, by providing additional notice through the Services or via email. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.
13. Governing Law and Dispute Resolution
These Terms 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 arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall first be submitted to mediation in accordance with the mediation rules of the Arbitration Foundation of Southern Africa (AFSA). If the dispute is not resolved through mediation within thirty (30) days of the commencement of such mediation, either party may refer the dispute to arbitration administered by AFSA in accordance with its arbitration rules. The seat of the arbitration shall be Johannesburg, Gauteng, South Africa, and the language of the arbitration shall be English. Notwithstanding the foregoing, either party may seek interim or injunctive relief from the courts of competent jurisdiction in the Republic of South Africa where necessary to protect its rights or property pending the outcome of arbitration.
14. Severability
If any provision of these Terms 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 and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, and End User Licence Agreement, constitute the entire agreement between you and Existence regarding the use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16. Contact Information
If you have any questions, concerns, or feedback about these Terms of Service, 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 using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.