Terms of Service

INTRODUCTION

Please read the following Terms of Service (“Terms”) carefully before proceeding to access and use the DMC Platform (“Platform”), which is owned and operated by Agile Africa Ventures (“We, Us, Our, Ourselves”) which may be accessed through the DMC Mobile Application and/or Our Website.

Use of Our Platform indicates that You (“the User/You/Yourselves”) have understood and agree to be bound by the provisions of these Terms. Our Privacy Policy is incorporated herein by reference into these Terms and is subject to these Terms.

We may amend these Terms at any time without notice. All amended Terms shall be effective automatically and immediately upon the posting of the revised Terms and any subsequent activity in relation to the Platform shall be governed by such amended Terms of Service. We encourage You to regularly review these Terms to stay up to date with any updates or amendments.

If You do not agree with any of these Terms, please do not use Our Platform. Alternatively, You may contact Us at legal@agileafricaventures.com.

These Terms of Service were updated on the 31 July 2026.

1. DEFINITIONS

1.1. “Account” means the personal profiles created by a User which allows him/her to access and use the Platform.

1.2. “Administrator” means any duly authorised person who has been appointed by Agile Africa Ventures to run and manage the day-to-day operations of the Platform, and to liaise with the Users who have access to, and who utilise the Platform.

1.3. “Agile Africa Ventures, We, Us or Our” means Agile Africa Ventures (Pty) Ltd, a private company registered in terms of the company laws of the Republic of South Africa, situated at 10 Gregory Close, 19 Gregory Avenue, Melrose North, Gauteng, 2196.

1.4. “Aggregation/Aggregated” means the process of combining, summarising, or grouping Data or information from multiple Users to create a summarised and anonymised dataset which includes key metrics, trends, themes, insights, or patterns derived from individual User Data without revealing any Personal Information. Such dataset shall be used by Us to inform Our research, Platform development and improvement and to draft progress reports to track Our progress with Our business objectives and goals.

1.5. “Applicable Data Protection Laws” means all legislation, regulations or guidance notes protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the processing of Personal Information and/or Personal Data in Your jurisdiction.

1.6. “Artificial Intelligence (AI)” means any computer-based system, software, model, tool, feature or technology that uses Data, algorithms, machine learning, statistical modelling, natural-language processing, computer vision, automated reasoning, predictive analytics or similar techniques to generate, infer, classify, recommend, optimise, identify patterns, create Content, support decisions or otherwise produce outputs that may influence a process, service or outcome. For purposes of these Terms, AI includes both AI developed, operated or deployed by Us as the Platform owners and AI-enabled services, tools or systems provided by approved Third Party service providers that Process Personal Information and/or Personal Data in connection with Our Services.

1.7. “Business Hours” means the hours between 08h00 and 16h00 on any calendar day.

1.8. “Child/Children” means a natural person under the age of 18 years who is not legally competent, without the assistance of a Competent Person, to take any action or decision in respect of any matter concerning him- or herself.

1.9. “Consent” means any voluntary, specific, and informed expression of will in terms of which You give Your permission to Us to Process Your Personal Information and/or Persona Data in accordance with these Terms and with Our Privacy Policy.

1.10. “Content” means including but not limited to any Data, text, audios, videos, figures, images, illustrations, resources, information, graphics, reviews, feedback, or other material displayed, uploaded, generated, transmitted, or otherwise made available on or through the Platform by a User or Us.

1.11. “Data” means facts, figures, or information, including Personal Information and/or Personal Data that is collected from Users, Processed, and used for Our business objectives.

1.12. “DMC/s” means a “Deep Meaningful Conversation”, being a structured interaction facilitated through the Platform in which Users record and share periodic audio and/or video updates within a Group, forming part of an ongoing series of episodic Content reflecting personal experiences, updates, and engagement between Users.

1.13. “Electronic Signatures” means Data attached to, incorporated in, or logically associated with other Data and which is intended by the User to serve as a signature, as defined in the Electronic Communications and Transactions Act, 2002 ("ECTA")and/or any other applicable law in User’s jurisdiction.

1.14. “Fees” means any transaction-based fees, service fees, or other charges payable by Users to Us for utilising the Platform and associated Services.

1.15. “Force Majeure” means an event that cannot be reasonably controlled or foreseen, or unavoidable even if foreseen by the Parties hereto, which renders either party impossible to perform all or part of its obligations pursuant to this Agreement. Such events include but is not limited to government action, earthquake, typhoon, flooding, fire or other natural disaster, war, or any other similar event recognised under the common law principles in South Africa. In view of the special nature of internet, “Force Majeure” shall also mean the following circumstances affecting the normal operation of the Internet: (i) hacker attacks; (ii) material impact caused by technical adjustments by the telecommunications operator, excluding losses due to poor management by a party; (iii) temporary shutdown due to government control, except for controls resulting from a party’s fault; (iv) virus invasion; and (v) general failure of the public networks.

1.16. “Group” means a private or limited network environment created by a User on the Platform, within which selected Users can share, access, and interact with User Content.

1.17. “Intellectual Property” means all intellectual property worldwide including, but not limited to, inventions, patents, copyright, trademarks, trade names, service marks, corporate names, trade secrets, rights in goodwill or to sue for passing off, rights in design, Know How, mask works, confidential information, computer software (including source and object code), database rights, processes, discoveries, methods, domain names and all other forms of intellectual property, whether registered or not, and including all applications (or rights to apply) for registration, renewals, or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

1.18. “Know-How” means ideas, designs, documents, diagrams, information, devices, technical Data, scientific Data, secret and other processes, and methods used in connection with the Platform and all available information regarding marketing and promotion of Our Services, and all and any modifications or improvements to any of Our Services which do not constitute entirely new products or services.

1.19. “Mobile Application” means the software application (Platform) made available by Us for installation and download on Your mobile device through Your official application store.

1.20. “Personal Data” means personal data as defined in the Applicable Data Protection Law in Your jurisdiction.

1.21. “Personal Information” means personal information as defined in the Protection of Personal Information Act, 2013.

1.22. “Platform” means the DMC application, which is a digital Content-sharing and communication platform that enables Users to create, upload, share, store, and interact with audio, video, text, and other digital content within private or group-based environments.

1.23. “Privacy Policy” means Our privacy policy which form part of these Terms of Service.

1.24. “Process/Processing” means any operation or set of operations which is performed upon Data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, or destruction of information.

1.25. “Services” means all services, features, and functionalities made available on or through the Platform, including the ability to create, upload, record, share, store, organise, access, and interact with audio, video, text, and other digital Content, as well as any related tools, communications, and support provided to Users.

1.26. “Service Provider” means the natural and/or juristic person who performs specific functions and/or services on behalf of Us including payment processors, cloud service providers, identity verification services, and telecommunications providers.

1.27. “Subscription” means any enhanced or paid features, functionalities, or Services offered on the Platform for a Fee.

1.28. “Third Party” means any other natural or juristic person that is not You as the User, or Ourselves.

1.29. “User, You, Yourself/ves” means any natural person who uses Our Platform for informational purposes and to receive the Services, and this shall include Children.

1.30. Website” means the Platform’s website located at www.thedmcapp.com and is owned by Agile Africa (Pty) Ltd and shall serves as the primary online portal where We shall market, promote and provide information about Our Services, the Platform and its related features.

2. WHO ARE WE

2.1. Agile Africa Ventures (Pty) Ltd is a private company duly registered and incorporated in accordance with the laws of the Republic of South Africa. We are a mobile software development company specialising in the design, development, and deployment of community-centric digital platforms that foster meaningful human connection, collaboration, and engagement through technology. As part of Our product offering, We have developed the DMC application, a community-focused digital platform designed to enable Users to build and maintain meaningful relationships through structured and intentional communication. The Platform allows Users to create private Groups with selected contacts, within which they can record, upload, share, and access audio and video updates in the form of episodic Content, facilitating deeper and more consistent engagement between individuals, families, and communities.

2.2. The Platform is designed to move beyond traditional social media interactions by prioritising authentic connection, ongoing communication, and the preservation of meaningful moments through structured Content-sharing. Users are able to organise their interactions through Group-based environments, access historical Content, and engage with others through features that support reflection, continuity, and relationship-building. Our Platform may be accessed by Users through the Mobile Application and/or Our Website and includes all related Services and functionalities made available from time to time.

2.3. These Terms govern the access to and the use of Our Platform, and sets out the rules, rights, obligations, and responsibilities applicable to Users in relation to the functionality, features and operation of the Platform.

2.4. These Terms apply solely to the use of the Platform and do not govern any separate products or services unless expressly stated otherwise.

3. ELECTRONIC SIGNATURES

3.1. When You make use of Our Platform, You are communicating with Us electronically. This includes, without limitation, sending communications from Your desktop or mobile device via the Website or Mobile Application, or through Our support channels. You hereby agree and Consent to receive all communications, notices, disclosures, records, agreements and statements from Us electronically, and hereby acknowledge and agree that such electronic communications satisfy all legal requirements under the Electronic Communications and Transactions Act, 2002 and/or the equivalent laws in Your jurisdiction.

3.2. You acknowledge and agree that, whenever You select, click, tap, press, check, swipe, authenticate or otherwise activate any option labelled “I Agree,” “I Consent,” “Submit,” “Register,” “Login” or other similarly worded button, checkbox, toggle, icon, entry field, or interactive feature whether by means of a mouse, keyboard, touch screen, stylus, track pad, biometric authentication, voice command, gesture, or any other electronic input method or technology now known or developed in the future, such action signifies Your agreement or Consent and will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

3.3. You agree to be legally bound by any affirmation, assent, instruction, acknowledgment, or agreement that You transmit through the Platform, including but not limited to any Consents You provide to Us:

3.3.1. In order to use the Platform or any part thereof;

3.3.2. In respect of any additional Platform terms; and/or

3.3.3. In order to receive communications from Us solely through electronic transmission.

4. ACCOUNT CREATION AND ELIGIBILITY ON OUR PLATFORM

4.1. Our Platform can only be accessed and utilised by You via the Website and/or the Mobile Application made available by Us on compatible and supported mobile devices and operating systems including but not limited to iOS and Android devices.

4.2. Our Platform may be accessed by Users and the Administrator.

4.3. Access to, and use of Our Platform is strictly dependent upon You having successfully registered an Account on the Platform using true, accurate, up-to-date, and complete information. We collect and Process the Personal Information and/or Personal Data that You provide to Us to create Your Account, and You hereby acknowledge that We shall not be held liable for any claim brought by You arising from incorrect or inaccurate information provided to Us when creating an Account or any other transactions on the Platform.

4.4. You hereby acknowledge that You are aware that We collect and Process Your Personal Information and/or Personal Data in order for You to proceed with accessing further features on the Platform.

4.5. You undertake to update Your Personal Information and/or Personal Data from time to time in order to keep it accurate, current and complete.

4.6. Account Creation for the Administrator

4.6.1. We shall provide the Administrator with credentials for purposes of creating an Account on the Platform to enable them to log in and carry out the day-to-day business operations of Agile Africa Ventures, including managing User Accounts, monitoring activities conducted on the Platform, configuring features and/or settings, and handling support issues.

4.7. Account Creation for Users

4.7.1. To create an Account, You need to provide Us with full, accurate and up-to-date information about Yourself, which may include, without limitation:

4.7.1.1. Your full name;

4.7.1.2. Your date of birth;

4.7.1.3. A valid email address;

4.7.1.4. A valid mobile phone number; and

4.7.1.5. A profile photograph (where applicable).

4.7.2. A Child may create and maintain a User Account on the Platform, provided that the Account is created with the knowledge, assistance and appropriate supervision of the Child's parent or legal guardian and only to the extent permitted by applicable law subject to the following:

4.7.2.1. By assisting a Child to create an Account, permitting the Child to use the Platform, or providing any Consent on the Child's behalf, You as the parent or legal guardian of the Child represent and warrant that You are legally authorised to act on behalf of the Child;

4.7.2.2. You undertake to ensure that all information submitted in connection with the Child's Account is complete, accurate and kept up to date;

4.7.2.3. You expressly undertake to supervise the Child's use of the Platform, ensuring compliance with these Terms and all applicable laws; and

4.7.2.4. You accept responsibility for all activities undertaken through the Child's Account until such time as the Child is legally entitled to manage the Account independently under applicable law.

4.7.3. You hereby acknowledge and agree that once You have provided all required information to create a User Account via the Platform, You are required to generate a secure personal identification number (“PIN”), which shall be used to access and log in to Your User Account. You will be required to confirm such PIN during the registration process.

4.7.4. You hereby acknowledge that the Platform is not designed for anonymous use, and that the provision of accurate identifying information is necessary to enable meaningful interaction between Users and to maintain a safe and trusted environment.

4.8. Upon the creation of Your Account, You shall be fully responsible for safeguarding Your Account login credentials. You hereby undertake to not disclose Your credentials to any Third Party. Furthermore, You shall be fully responsible for any and all activities that occur under Your Account (whether done by You or by authorised Third Parties), therefore You undertake to take all the necessary steps to maintain the appropriate security measures to secure Your Account. We hereby disclaim all forms of liability in connection with any activities conducted on Your Account whilst on Our Platform, including any breaches of security related to Your Account resulting from Your failure and/or negligence to safeguard Your Account in any way whatsoever.

4.9. You agree and undertake to immediately notify Us of any actual or suspected unauthorised use of Your Account, or other security concerns. In such instances, We may require You to change Your login credentials to enhance the security of Your Account. You hereby agree to comply promptly with any such requests to change Your credentials and acknowledge that failure to do so may result in further harm to You.

4.10. If You cannot remember Your PIN to log into Your Account, You are required to follow the “Forgot PIN” process made available on the Platform. Upon doing so, We shall send You a reset link or verification code to the email address or mobile number associated with Your Account, which You shall use to verify Your identity and securely create a new PIN to regain access to Your Account.

4.11. Should You experience any difficulties accessing and/or logging into Your Account for any reason whatsoever, You may contact Us directly for assistanceatadmin@agileafricaventures.com.

5. FREE TRIAL

5.1. Upon successful registration of a User Account, You will automatically be granted access to a free trial of the Platform (“Free Trial”), which provides limited access to the Platform’s features.

5.2. The Free Trial shall be available for Users for a maximum of 10 (Ten) DMC episodes across all Groups or 2 (Two) months from the date of registration, whichever threshold is reached first.

5.3. During the Free Trial, You will be able to:

5.3.1. create and participate in an unlimited number of Groups;

5.3.2. invite up to 20 (Twenty) contacts per Group;

5.3.3. schedule DMCs on a weekly, bi-weekly, or monthly basis; and

5.3.4. access DMC episodes for a period of 7(Seven) days following the expiry of the Free Trial, during which time such Content may be downloaded prior to expiry.

5.4. You shall be clearly notified, prior to the expiry of the Free Trial, that continued access to Our Services requires You to opt into a paid Subscription Account, together with disclosure of the applicable Subscription Fees in accordance with clause 8.

6. USER CONDUCT ON THE PLATFORM

6.1. You hereby agree to use the Platform only for its intended purpose and in a lawful, responsible, and respectful manner, in accordance with these Terms and all applicable laws and regulations in your jurisdiction. The Platform shall only be used by Users to:

6.1.1. Access, view, and interact with Content made available on the Platform;

6.1.2. Create, upload, publish, and manage User Content in accordance with these Terms;

6.1.3. Record, share, and engage with episodic or other audio-based Content made available through the Platform;

6.1.4. Access and manage Your Account and associated settings;

6.1.5. Interact with other Users, including through engagement features such as feedback, comments, or reviews, where available;

6.1.6. Utilise any tools, features, or functionalities made available by Us from time to time; and

6.1.7. Communicate with Us regarding the Platform, Your Account, or any support-related matters.

6.2. You shall at all times ensure that Your conduct on the Platform:

6.2.1. is lawful, honest, and not misleading;

6.2.2. respects the rights, dignity, and privacy of other Users and Third Parties;

6.2.3. does not harm, disrupt, or interfere with the integrity, functionality, or security of the Platform; and

6.2.4. complies with these Terms at all times.

6.3. You shall not, whether directly or indirectly, use or attempt to use the Platform to:

6.3.1. Provide false, misleading, inaccurate, or incomplete information in relation to Your identity;

6.3.2. misrepresent information;

6.3.3. threaten, harass, abuse, discriminate or coerce other Users;

6.3.4. engage in any harmful, illegal, or unauthorised activities such hate speech, threats of violence, inappropriate or offensive communication towards other Users or any form of unlawful behaviour;

6.3.5. Use the Platform for any purpose unrelated to its intended Services, including unauthorised advertising, solicitation, or spam;

6.3.6. Engage in any conduct that may harm the reputation, integrity, security, or operation of the Platform or its Users;

6.3.7. Attempt to gain unauthorised access to any part of the Platform, other User accounts, or associated systems; or

6.3.8. Circumvent, disable, or interfere with any security features or safeguards of the Platform.

6.4. You agree to abide by these Terms and acknowledge that Your use of the Platform is subject to these Terms which We may amend and provide from time to time.

6.5. We reserve the right to monitor Your activity on Our Platform and any use of the Platform that exposes Us to regulatory risk, legal liability, or reputational harm, whether or not such conduct is expressly listed above, and may result in Us suspending Your Account.

7. IMPERMISSIBLE USES OF THE PLATFORM

7.1. You shall not select or use a name or e-mail address of a Third Party with the intent to impersonate that Third Party. Furthermore, You shall not use Our Platform to share Personal Information and/or Personal Data of the Third Parties without their Consent as it violates the right to privacy.

7.2. By using or accessing the Our Platform, You undertake to refrain from the following conduct:

7.2.1. Transmitting any worms, viruses, trojan horses, time bombs, crawlers, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Platform features, including by using any software, routine or device that will or may interfere with the Platform such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature;

7.2.2. intercepting any Data any User or Third Party transmitted on or via the Platform;

7.2.3. uploading, posting, or transmitting ‘spam’ messages;

7.2.4. performing any action that may disable, override or impair the efficient and/or proper operation or working of the Platform or any aspect thereof;

7.2.5. posting Content, or otherwise using the Platform in a way that infringes or violates any person’s rights or the laws of any jurisdiction;

7.2.6. storing any Content that is illegal on the Platform;

7.2.7. utilising the Platform for any illegal or unauthorised purposes;

7.2.8. violating any laws in any jurisdiction, including but not limited to any Intellectual Property laws; and

7.2.9. unauthorised use of the Platform includes engaging personally, or permitting a Third Party to engage in the following activities:

a) copying, adapting, modifying, publishing, republishing, distributing or redistributing the Platform or any material on the Platform without Our prior written Consent or that of the respective owner of said material;

b) using any automated Data collection, Data mining or Data gathering methods of any kind in relation to the Platform;

c) reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Platform;

d) making and distributing copies of the Platform or allowing such activity by Third Parties on Your behalf; and

e) creating derivative works of the Platform of any kind.

7.3. Unauthorised use of the Platform may result in Us instituting a claim for damages against You or seeking recourse under other civil and/or criminal laws of the applicable jurisdiction. By using the Platform in an unauthorised manner, You may be found guilty of a statutory and/or criminal offence. Any act or omission which results in a failure to abide by the restrictions set out, as determined by Us in Our sole discretion, will result in the immediate termination of Your User Account. We are not liable to You nor any Third Party for any breach of Your obligations under this Agreement and for any consequences arising as a result of such breach, including any loss or damages which You or any Third Party may suffer.

7.4. Should You perform any of the abovementioned actions, We have the right to terminate Your use of the Platform. If You are dissatisfied with any portion of Our Platform, Your sole and exclusive remedy is to discontinue using the Platform.

7.5. You acknowledge and agree that if We terminate Your Account on Our Platform due to misuse and not adhering to Our rules, You will be prevented from accessing the Platform, and that Your Personal Information and/or Personal Data that We have collected and Processed in order for You to access and use the Platform shall be permanently deleted or Aggregated.

7.6. You warrant that You will notify Us immediately should You become aware of any other User with access to Our Platform violating the above.

8. YOUR SUBSCRIPTION ACCOUNT

8.1. Upon expiry of the Free Trial, continued access to the Platform’s Services shall be subject to Your Subscription to a paid Subscription Account (“Silver Account”) in order to access additional features and enhanced functionality.

8.2. A Silver Account enables You to:

a) create and participate in an unlimited number of Groups;

b) invite up to 20 (Twenty) contacts per Group;

c) schedule DMCs on a weekly, bi-weekly, or monthly basis; and

d) access DMC episodes for a period of 12 (Twelve) months, during which time such Content may be downloaded prior to expiry.

8.3. The Silver Account includes all functionality available during the Free Trial, together with the enhanced capabilities described above.

8.4. Access to the Silver Account is subject to the payment of Subscription Fees as follows:

8.4.1. Individual Subscriptions:

a) USD $5 per month; or

b) USD $55 annually.

8.4.2. Family Sharing Subscriptions (up to 5 (Five) Users):

a) USD $20 per month; or

b) USD $240 annually.

8.5. All Subscription Fees:

8.5.1. are payable in advance;

8.5.2. are non-refundable except where required by applicable law; and

8.5.3. may be amended by Us from time to time upon reasonable notice to You.

8.6. You hereby acknowledge and agree that all Subscription payments shall be processed through the applicable app store billing system, and You agree to comply with the terms and conditions of such Third Party payment providers.

8.7. Upon upgrading, the enhanced Silver Account features shall become immediately available to You and any applicable Subscription Fees shall be charged in accordance with clause 8.5.

8.8. We may, from time to time, display prompts, notifications, or in-app messages encouraging Users to upgrade to a Silver Account during the Free Trial in order to access additional features or remove limitations.

8.9. Failure to subscribe to the Silver Account upon expiry of the Free Trial will result in:

8.9.1. the suspension of Your ability to create new episodic recordings;

8.9.2. continued access to existing Content for a period of 7(Seven) days, during which such Content may be downloaded; and

8.9.3. the deletion of Your Account and associated Data thereafter.

8.10. We reserve the right to introduce additional Subscription tiers and/or Accounts, features, or pricing structures in the future, and to display or incorporate targeted advertisements within the Platform from time to time, as further contemplated in clause 12.

9. OUR FEATURES

9.1. The Platform provides Services designed to facilitate structured and meaningful communication between Users through private Groups, enabling Users to record, share, and engage with weekly audio and/or video updates, which may be organised into episodic Content reflecting ongoing interactions between Users.

9.2. Certain features on the Platform shall allow Users to export, download, or otherwise share their DMCs or related Content outside of the Platform, subject to such limitations and conditions as We may impose from time to time.

9.3. We may impose usage limitations, restrictions, or conditions on certain features of the Platform, including Group size, storage, and/or functionality limits, in order to maintain the intended performance, integrity, and User experience of the Services.

9.4. We reserve the right, in Our sole discretion, to modify, enhance, restrict, suspend, or discontinue any aspect of the Platform and/or Services at any time, with or without notice, provided that such changes do not materially diminish Your rights under these Terms.

10. USER CONTENT

10.1. Our Platformmay allow Users to create, upload, record, transmit, share, or otherwise make available Content, including without limitation audio recordings, video recordings, text, images, and other materials, including DMCs shared within groups.

10.2. You retain ownership of any User Content that You create or upload to the Platform, however, by creating, uploading, or sharing User Content on the Platform, You grant Us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to host, store, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content solely for the purpose of:

10.2.1. operating, maintaining, and providing the Platform and Services;

10.2.2. enabling the sharing of User Content with other Users in accordance with Your selected Group settings; and

10.2.3. improving and developing the Platform and related Services.

10.3. You acknowledge and agree that the licence granted under clause 10.2 is necessary for the operation of the Platform, including for the technical processing and transmission of User Content across networks and devices.

10.4. You are solely responsible for all User Content that You create, upload, share, or otherwise make available on the Platform, and You represent and warrant that:

10.4.1. You own or have obtained all necessary rights, consents, and permissions to use and share such User Content;

10.4.2. Your User Content does not infringe the Intellectual Property rights, privacy rights, or any other rights of any Third Party;

10.4.3. Your User Content complies with these Terms and all applicable laws and regulations in your jurisdiction; and

10.4.4. where Your User Content includes audio, video, or images of any individual, You have obtained that individual’s Consent to be recorded and for such Content to be shared on the Platform.

10.5. We do not actively monitor or pre-screen User Content, and We do not endorse, verify, or guarantee the accuracy, completeness, or reliability of any User Content made available on the Platform.

10.6. Notwithstanding clause 10.5, We reserve the right, but not the obligation, in Our sole discretion, to review, remove, restrict access to, or disable any User Content at any time, with or without notice, where We reasonably believe that such User Content:

10.6.1. breaches these Terms;

10.6.2. may expose Us or any Third Party to harm or liability; or

10.6.3. is otherwise inconsistent with the intended use of the Platform.

10.7. You acknowledge and agree that User Content shared within a Group may be accessed, viewed, and interacted with by other Users within that Group, and We are not responsible for how such Users use, reproduce, or further share that Content outside of the Platform.

10.8. We may establish additional policies, guidelines, or community standards relating to User Content from time to time, and You agree to comply with such policies as may be made available on the Platform.

11. ACCOUNT SUSPENSION AND TERMINATION

11.1. You may terminate Your Account and discontinue Your use of Our Platform at any time by using the Account deletion feature available via Your Account Settings on the Platform. Upon requesting deletion of Your Account:

11.1.1. Your Account will be deactivated, and You will no longer have access to the Platform or its Services or features;

11.1.2. Your User Content, including recordings, Groups, and associated Data, may remain temporarily retained by Us for a period of up to 60 (Sixty) days from the date of deletion.

11.2. You may request reactivation of Your Account within 60 (Sixty) days from the date of deletion, in which case Your Account and associated Content may be restored, subject to technical feasibility and Our approval.

11.3. If no reactivation request is received within the 60 (Sixty) day period:

11.3.1. Your Account and associated Data shall be permanently deleted or anonymised; and

11.3.2. We shall not be liable for any loss of Data, Content, or information following such deletion.

11.4. We reserve the right, at Our sole discretion, to suspend, restrict, or terminate Your Account, with or without prior notice, where:

11.4.1. You breach these Terms or any applicable laws or regulations in your jurisdiction;

11.4.2. Your conduct poses a risk to the Platform, other Users, or Third Parties;

11.4.3. We are required to do so for legal, regulatory, or security reasons; or

11.4.4. Your use of the Platform exposes Us to potential legal, reputational, or operational risk.

11.5. Upon Your request to delete Your Account, We shall acknowledge and confirm receipt of such request within the Platform. We shall deactivate Your Account and it shall only be accessible for a period of up to 60 (Sixty) days from the date We received Your Account deletion request, during which period, You may request reactivation in accordance with these Terms.

11.6. Upon the expiry of the 60 (Sixty) day retention period, and where no reactivation request has been received, We may permanently delete or anonymise Your Account and associated Personal Information and/or Personal Data, and may, where reasonably practicable, send a further communication confirming that such Data is no longer recoverable.

11.7. You agree and acknowledge that We shall not be held liable for any claims, loss, damage, costs, expenses, fees (including reasonable legal costs) for any harm or loss You may suffer as a result of Our discretionary decision and/or Your decision to terminate Your Account.

11.8. Any outstanding Fees or obligations incurred prior to the termination of Your Account will be processed or settled in accordance with these Terms.

11.9. We reserve the right to amend, suspend, terminate or discontinue all or any part of the Platform or Services, including Your access thereof at any time without written notice to You and without incurring liability.

12. FEES AND CHARGES

12.1. Access to and use of the Platform shall be provided on a Free Trial basis, and upon expiry, Your Subscription to a paid Subscription Account in accordance with these Terms.

12.2. By proceeding to use Our Services, You acknowledge and undertake to pay the applicable Fees.

12.3. Unless otherwise stated:

12.3.1. all Fees are quoted in United States Dollars (USD). Where the app store on Your mobile device displays the Fees in Your local currency, such local currency pricing shall be for Your convenience and shall be determined by the applicable app store;

12.3.2. all payments are due in advance; and

12.3.3. all Fees are non-refundable, except where required by applicable law.

12.4. You are responsible for ensuring that all payment details provided by You are accurate, valid, and kept up to date.

12.5. If You believe that Our Fees have been charged incorrectly, duplicated, processed without authorisation, or otherwise contains a billing error, You must notify the applicable app store provider through which the payment was made, in accordance with such provider’s billing dispute procedures.

12.6. You hereby acknowledge and agree that all payment processing is handled by Third Party payment providers, and We do not have access to or control over billing information associated with Your app store Account.

12.7. We reserve the right, at our sole discretion, to amend, revise, or update the Fees charged for Our Services from time to time. Any changes to the Fees will be effected automatically on Our Platform with reasonable notice to You.

12.8. Failure to pay any applicable Fees when due may result in the suspension, restriction, or termination of access to certain Services or functionalities on Our Platform.

12.9. During any period of suspension arising from non-payment, You will not be permitted to create any new DMC recordings or access certain active features of the Platform, but You may retain limited access to previously recorded Content for a period of up to 30 (Thirty) days from the date of suspension, during which such Content may be accessed and downloaded.

12.10. If the outstanding Fees remain unpaid for a period of 30 (Thirty) days following suspension, We reserve the right to terminate Your Account.

12.11. Notwithstanding the above, Your Account may be restored following suspension or termination if You settle all outstanding Fees, including the applicable Fees for the upcoming billing period, in accordance with the relevant app store billing procedures.

13. IN-APPLICATION TARGETED ADVERTISING

13.1. The Platform may display targeted advertisements, promotional content, and sponsored material to Users, particularly in connection with free Account usage. These targeted advertisements, promotional Content, and sponsored material are tailored to your interests and/or preferences.

13.2. You acknowledge and agree that such targeted advertisements may be displayed within the Platform interface, including but not limited to the home page dashboard, and may appear in the form of banner placements, rotating Content, or other formats as determined by Us from time to time.

13.3. Targeted advertisements may include Content provided by Third Party advertisers, sponsors, or affiliate partners, and may contain links directing You to external websites or services.

13.4. While We endeavour to ensure that Our targeted advertisements presented on the Platform are relevant and curated, We do not endorse, warrant, or make any representations regarding:

13.4.1. the accuracy, reliability, or legality of such advertisements; or

13.4.2. any products, services, or Content offered by Third Parties.

13.5. Your interactions with any Third Party advertisers, including any transactions, engagements, or reliance on such advertisements, are solely between You and the relevant Third Party. We shall not be liable for any loss or damage arising from such interactions. We hereby disclaim all liability with regard to the targeted advertisements, sponsored Content and sponsored material.

13.6. The display, frequency, and format of the targeted advertisements may vary depending on Your Account type, and may be limited, reduced, or removed for Users who are under a paid Account.

13.7. You hereby agree that the Platform utilises anonymised or Aggregated usage Data to improve the relevance and effectiveness of targeted advertisements, in accordance with applicable laws and Our Privacy Policy.

14. ARTIFICIAL INTELLIGENCE

14.1. We do not use AI to provide the Services, Process Personal Information and/or Personal Data, make decisions about Users, generate Content, profile individuals, or otherwise provide AI-powered functionalities. However as Our Platform continues to evolve, We may introduce AI-enabled tools or features to enhance the User experience, improves the efficiency, accessibility or security of Our Services, or supports other legitimate business purposes. In the event that We introduce AI functionalities to Our Platform features, We shall notify all Users about this as We are committed tousing AI responsibly, transparently and in accordance with Applicable Data Protection Laws and other applicable laws.

15. FEEDBACK AND REVIEWS

15.1. We encourage Users to provide feedback and submit reviews under Our “Send Feedback” section regarding their experience with Our Platform, and associated Services as this helps Us maintain and improve the quality of Our Services.

15.2. By submitting feedback or reviews, You acknowledge and agree that such information may be used by Us for quality assurance, promotional, or marketing purposes on Our Platform, Website, or other communication channels.

15.3. We reserve the right to moderate, remove, or reject any feedback or reviews that violate these Terms, including without limitation, content that is unlawful, discriminatory, offensive, spam, unrelated to Our Services, or otherwise inappropriate.

15.4. Should You wish to provide additional feedback or report issues, You may contact Us at admin@agileafricaventures.com or via our “Contact Us” section on the Platform.

16. INTELLECTUAL PROPERTY

16.1. The Platform and all the materials contained therein (including but not limited to computer or software code, scripts, design elements, images, text, drawings, interactive features, graphics, music, sound and voice), are Our Intellectual Property and are protected by the national and international Intellectual Property laws applicable to them. Ownership of all such Intellectual Property remains with Us. There shall be no transfer of Intellectual Property and You are not authorised to use any such Intellectual Property without prior written Consent from Us, or in accordance with a license duly granted to You.

16.2. Your use of Our Platform must respect Our Intellectual Property, and the Intellectual Property of other Third Parties, strictly in accordance with these Terms and any other applicable terms of relevant Third Parties. We reserve the right, at any time and without notice, to suspend, cancel, or terminate Your right to use the Platform in the event of a breach of the Terms set out or a violation (whether repeated or not) of any Intellectual Property rights belonging to Us or another owner.

16.3. Any unauthorised modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by e-mail or other electronic means) any Intellectual Property without prior written Consent from Ourselves or the owner of such Intellectual Property, constitutes a breach of Intellectual Property. In such cases, We furthermore reserve all of Our rights in law to pursue criminal and/or civil action against You.

16.4. We hereby grant You a limited, revocable, non-transferable, personal, non-exclusive right to make use of the Platform subject to Your continuous adherence to these Terms. No licence or other right or interest in or to the Platform or Our Services are granted to You except for the licence rights specifically set forth herein.

16.5. No party hereunder including Us nor any User shall use another party’s Intellectual Property assets including trademarks, logos, brand names for promotional or commercial purposes without the prior written approval of owner of such Intellectual Property.

16.6. You indemnify and hold Us harmless for any and all Intellectual Property infringements claims that may arise as a result of any activity that occurs under Your Account. You will be solely responsible for any and all damages resulting from any infringements of copyrights, trademarks or any other proprietary rights resulting from Your Account. If You believe that any of Your Intellectual Property rights have been infringed, please send an email at legal@agileafricaventures.com.

16.7. We reserve the right to terminate Users who are subject to repeat or multiple notices of Intellectual Property infringement in appropriate circumstances, and at Our discretion. We reserve the right to suspend a User’s Account at any time, for any reason, and without advance notice while We investigate and move towards termination.

17. PRIVACY

17.1. Your privacy is important to Us and the use of this Platform is subject to Our Privacy Policy. By accessing this Platform, You agree that You have read and Consent to the Privacy Policy. Your election to use Our Platform indicates Your acceptance of the terms of Our Privacy Policy. The manner in which We Process (collect, use, store, analyse, share) Your Personal Information and/or Personal Data is described in the Privacy Policy which can be found here.

17.2. You are responsible for maintaining the confidentiality of Your username, PIN and other sensitive information, as well as the Personal Information and/or Personal Data of any Third Parties. By uploading the Personal Information and/or Personal Data of Third Parties onto the Platform, You warrant that you are legally entitled to do so.

17.3. Our Service Providers hereby warrant, acknowledge, and agree that they are subject to appropriate confidentiality and non-disclosure requirements with regards to all the Accounts created on Our Platform and associated Services.

18. DISCLAIMER

18.1. TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS PLATFORM IS AT YOUR OWN RISK, AND WE HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES WITH REGARDS TO THE PLATFORM AND YOUR USE THEREOF. THIS PLATFORM IS PROVIDED ON AN “AS IS”AND "AS AVAILABLE" BASIS, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, AND THIS PLATFORM MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON. SPECIFICALLY, WE DO NOT WARRANT THAT THE INFORMATION PROVIDED THEREON IS ACCURATE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS PLATFORM, YOU DO SO AT YOUR OWN RISK

18.2. We disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of fitness for a particular use or purpose and, accuracy.

18.3. As such, You acknowledge that the Platform cannot guarantee connectivity, effectiveness, outcome, or results of the Services provided through Our Platform. You understand and agree that individual experiences and outcomes may vary based on a variety of factors, and Our Platform does not provide any warranty or guarantee regarding the efficiency of the Services offered.

18.4. We shall make all reasonable efforts to ensure that all material and information provided in relation to the Platform is correct but cannot represent or guarantee the accuracy thereof. As such, We and/or Our partners, sponsors, affiliates, or agents, make no warranties or representations as to the accuracy of the Platform’s and/or Website’s Content which is provided to You.

18.5. BY ACCESSING AND USING OUR PLATFORM, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USAGE OF THE PLATFORM AND RELIANCE ON ANY INFORMATION RECEIVED ON OUR WEBSITE AND/OR PLATFORM IS ENTIRELY AT YOUR DISCRETION AND SOLE RISK.

19. WARRANTIES

19.1. We make no warranty that the Platform and related Services will meet all of your expectations or requirements, or that the Platform and/or Website will be available, uninterrupted, or error-free.

19.2. We warrant that We will make reasonable efforts to maintain a secure environment for Users to access and utilise Our Platform and Services.

19.3. We make no warranty that access to the Platform will be uninterrupted. We may carry out routine maintenance from time to time which may result in specific interruptions, and the unavailability of the Platform and/or the Services We provide. Every effort will be made to ensure maintenance is conducted as soon as possible. Notwithstanding the aforementioned, emergency maintenance or any maintenance deemed by Us to be of a critical nature will be conducted on an urgent basis.

19.4. We do not warrant that the defects on the Platform, if any, will be corrected immediately.

20. INDEMNITY

20.1. You agree to indemnify, defend, and hold harmless Us, Our affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal costs) that may be incurred as a result of or arising from:

20.1.1. claims, rights, demands, damages, obligations, losses, liabilities, debt, cause of actions, suits, fees, costs and expenses (including but not limited to attorneys' fees) of any kind whatsoever arising directly or indirectly out of, or in connection with Your misuse of the Platform and/or Our Services; and

20.1.2. claims for instances where the Platform is unavailable for emergency repairs, or due to failure of telecommunications links and equipment that are beyond Our reasonable control. You agree that We will not be liable for any inconvenience, loss or damage suffered as a result of such interruptions.

20.2. You agree to cooperate fully with Us in the defense of any claim or action that may arise as a result of Your use of the Platform and You undertake to immediately notify Us of any such claim or action. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You.

21. LIMITATION OF LIABILITY

21.1. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY CLAIMS, DAMAGES, ACTIONS, LOSSES, AND LIABILITIES INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS; DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; AND ANY REASONABLE LEGAL FEES, RESULTING FROM:

21.1.1. THE USE AND/ORMISUSE OF THE PLATFORM;

21.1.2. ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE INFORMATION OR SERVICES PROVIDED ON THE PLATFORM;

21.1.3. RELIANCE ON THE PLATFORM AND ITS FEATURES;

21.1.4. ACTING ON INSTRUCTIONS OR INFORMATION RECEIVED THROUGH THE PLATFORM;

21.1.5. VIRUSES, BUGS, SOFTWARE/PROGRAM MALFUNCTIONS, ERRORS, FAILURES, DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS;

21.1.6. ANY BREACH TO THE SECURITY OF YOUR INFORMATION SYSTEM OR ANY DATABASE, OR DEVICE UNDER YOUR CONTROL; AND

21.1.7. ANY BREACH TO THE SECURITY OF YOUR ACCOUNT OR ANY INFORMATION LINKED TO YOUR ACCOUNT, WHERE SUCH BREACH IS THE RESULT OF YOUR NEGLIGENCE IN ENSURING THE SECURITY OF YOUR LOGIN DETAILS.

21.2. THERE MAY BE TIMES WHEN THE AVAILABILITY OF THE PLATFORM MAY BE INTERRUPTED FOR SCHEDULED MAINTENANCE OR UPGRADES, FOR EMERGENCY REPAIRS, OR DUE TO TECHNOLOGICAL ISSUES THAT ARE BEYOND OUR REASONABLE CONTROL, AND YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INCONVENIENCE, LOSS OR DAMAGE SUFFERED AS A RESULT OF SUCH INTERRUPTIONS.

21.3. SHOULD YOU BE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT WITH US AND DISCONTINUE USING THE PLATFORM.

21.4. THIS CLAUSE SHALL SURVIVE ANY TERMINATION OF THE USER'S ACCESS TO THE PLATFORM.

22. APPLICABLE LAW AND JURISDICTION

22.1. These Terms of Service are governed by the laws of the Republic of South Africa. Any dispute arising out of or relating to these Terms of Service shall be exclusively resolved in the South African courts

23. WAIVER

23.1. Any failure by Us to exercise or enforce any part of these Terms shall not be construed as a waiver of Our right to exercise or enforce any part of these Terms.

24. SEVERABILITY

24.1. If any provision of these Terms is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

24.2. Any provision or clause of these Terms, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto (as if not written herein) and the remaining provisions and clauses of these Terms shall remain of full force and effect.

25. AMENDMENTS TO THESE TERMS OF SERVICE

25.1. We may change these Terms of Service at any time by posting the amended Terms on the Our Website. All amended Terms are immediately and automatically effective after they are posted onto the Website. Use of the Platform shall be governed by such amended Terms.

25.2. It is Your responsibility to regularly visit and review these Terms. Should You not agree to any of the updates and/or modifications to these Terms, You may terminate Your Account with the Us immediately and stop using the Platform to for any reasons whatsoever.

25.3. Amended Terms shall apply to any disputes that arise after the posting of such Terms on the Website

26. PARTICULARS OF AGILE AFRICA VENTURES

26.1. For further information regarding Our Platform, the Services and Agile Africa (Pty) Ltd, please contact us at admin@agileafricaventures.com. We will respond to Your query as soon as reasonably possible.