KOURTKULTURE TERMS OF USE

1. WHAT KOURTKULTURE IS

KourtKulture is a padel sports community platform. The App enables players to discover courts across South Africa, challenge opponents, score matches using padel-specific formats, join leagues, participate in a moderated community feed, message other players, discover coaches, earn rewards through gameplay, and purchase physical padel equipment.

The App is not a court booking platform. Court information is provided for discovery purposes — booking and payment for court time is handled directly between you and the court operator.

2. LICENCE TO USE THE APP

2.1 We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on Apple-branded devices you own or control, for personal, non-commercial use only. The App is licensed to you, not sold.

2.2 You may not copy, modify, reverse-engineer, decompile, or disassemble any part of the App. You may not rent, lease, lend, sell, or sublicense it. You may not distribute the App or make it available over a network for use on multiple devices simultaneously. If you sell or transfer your device to a third party, you must remove the App beforehand.

2.3 We reserve all rights not expressly granted. This licence terminates automatically if you breach any provision of these Terms, at which point you must stop using the App and delete it from your devices.

3. WHO CAN USE THE APP

3.1 You must be at least 18 years old to register an account. If you are under 18, you may use the App only with the consent and supervision of a parent or legal guardian who accepts these Terms on your behalf.

3.2 One account per person. We may suspend or terminate duplicate accounts without notice.

3.3 You are responsible for keeping your login credentials secure and for all activity on your account. If you believe someone has accessed your account without permission, contact us immediately at support@kourtkulture.co.za.

3.4 You must provide accurate information during registration and keep it current. Email verification is required within 72 hours of registration.

4. SUBSCRIPTIONS

4.1 Tiers and Pricing

The App offers four membership tiers:

Free (R0/month) — Court discovery, community feed, basic scoring, and the KK Shop. Free members earn XP to level up their player profile. Free members earn loyalty points but cannot redeem them for rewards.

Beginner (R39.99/month) — Everything in Free, plus match challenges, unlimited messaging, loyalty point redemption, and access to the rewards catalogue.

Paid (R99.99/month) — Everything in Beginner, plus league creation requests, enhanced loyalty point earning rates, and court discount benefits.

Pro (R129.99/month) — Full platform access including coaching discovery, the highest loyalty point earning rates, exclusive Pro-only rewards, and priority support.

All paid tiers include a 30-day free trial. Prices are in South African Rand (ZAR). Actual charges may vary by App Store region and applicable taxes.

4.2 Billing and Renewal

Subscriptions are billed monthly through Apple In-App Purchase. Payment is charged to your Apple ID account at the time of purchase confirmation. Your subscription renews automatically unless you cancel at least 24 hours before the end of the current billing period. Renewal is charged within 24 hours before the current period ends.

KourtKulture does not process or store your payment card information for subscriptions. All subscription billing is handled by Apple.

4.3 Managing Your Subscription

You can view, upgrade, downgrade, or cancel your subscription at any time through your device: Settings > Apple ID > Subscriptions. Cancellation takes effect at the end of the current billing period — you retain access to paid features until then.

4.4 Free Trial

If a free trial is offered, any unused portion is forfeited when you purchase a subscription. Trial eligibility is determined by Apple and may be limited to one trial per Apple ID.

4.5 Price Changes

We may adjust subscription prices from time to time. You will be notified before any price change takes effect. If you disagree with the new pricing, cancel your subscription before the next renewal date.

4.6 Refunds

Subscription refunds are governed by Apple's refund policies. To request a refund, contact Apple Support at https://support.apple.com. KourtKulture cannot process subscription refunds directly.

5. KK SHOP — PHYSICAL GOODS

5.1 The KK Shop sells physical padel equipment and merchandise. Shop payments are processed by PayFast (payfast.co.za) in South African Rand. International cards are accepted. PayFast is used only for physical goods — never for subscriptions or digital content.

5.2 All prices displayed in the KK Shop include VAT at the prevailing rate unless stated otherwise.

5.3 In accordance with Section 46 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), we will dispatch your order within 30 days of receiving it unless we agree to a different timeframe.

5.4 Under Section 44 of ECTA, you may cancel a purchase of physical goods within 7 days of receiving them, without giving a reason and without penalty, provided the goods are returned in their original, unopened condition at your cost. Contact us at info@kourtkulture.co.za to arrange a return.

5.5 If goods arrive damaged or defective, contact us within 7 days of delivery. We will arrange a replacement or refund at our cost, in line with Section 56 of the Consumer Protection Act 68 of 2008.

5.6 Shipping is calculated at checkout based on delivery address and order weight. Estimated delivery times are displayed during checkout but are not guaranteed.

6. LOYALTY PROGRAM

6.1 How It Works

The KourtKulture loyalty program has two currencies: XP (Experience Points) and Loyalty Points (Koins). Both are earned through platform activity. They serve different purposes and operate under different rules.

6.2 XP (Experience Points)

XP determines your player level and leaderboard position. There are 10 levels, with Level 1 starting at 0 XP and Level 10 reached at 1,800 XP. XP is earned at the same rate regardless of your subscription tier. XP never expires.

XP cannot be redeemed, transferred, sold, or exchanged for cash. It has no monetary value.

6.3 Loyalty Points (Koins)

Koins are earned through the same activities as XP, but at rates that vary by subscription tier. Higher tiers earn more Koins per activity. All tiers earn Koins, but only Beginner, Paid, and Pro members can redeem them for rewards.

Koins expire 90 days after being earned. Expired Koins are removed from your balance automatically by our system. As a safety measure, any Koins older than 12 months are also expired regardless of their original expiry date.

Koins cannot be transferred to another member, sold, exchanged, or redeemed for cash. They have no monetary value outside the KourtKulture platform.

When you delete your account, all Koins are forfeited immediately and cannot be recovered.

6.4 Vouchers and Rewards

You can redeem Koins for rewards through the Rewards section of the App. When you redeem a reward, a voucher code is generated. Voucher codes are 13 characters long (e.g., VCHR-ABC12345), are bound to your account, and cannot be transferred.

Each voucher is single-use. Vouchers cannot be combined with other discounts or promotions. Validity periods range from 14 to 90 days depending on the reward, and are displayed at the time of redemption. Expired vouchers cannot be reactivated.

We send reminder emails 7 days and 2 days before a voucher expires.

If you redeemed a reward in error, you may request a cancellation and full point refund by contacting us at info@kourtkulture.co.za, provided the voucher has not been used. Fraudulent cancellation requests (e.g., claiming a voucher is unused after it has been redeemed) will result in account suspension.

6.5 Program Changes

We may modify the loyalty program at any time, including earning rates, reward availability, point costs, and expiry rules. We will provide reasonable notice of material changes through the App or by email.

7. COMMUNITY GUIDELINES AND USER CONTENT

7.1 Pre-Moderation

All community posts are reviewed by KourtKulture administrators before they appear publicly. We may reject or remove any content at our discretion.

7.2 Your Content

When you post content to the App — including text, photos, court reviews, and messages — you grant us a non-exclusive, worldwide, royalty-free licence to display and distribute that content within the App and our marketing channels. You retain ownership of your content and can delete it at any time.

You are responsible for ensuring that anything you post does not infringe on anyone else's rights or violate any law.

7.3 What You Cannot Post

Content that is defamatory, threatening, harassing, or discriminatory. Hate speech, incitement to violence, or sexually explicit material. Spam, unsolicited advertising, or commercial solicitations. Content that infringes intellectual property or privacy rights. Malware, viruses, or any code intended to harm.

7.4 Reporting and Blocking

You can report any user or content through the three-dot menu on posts, player profiles, and message threads. Reports are categorised (spam, harassment, inappropriate content, or other) and reviewed by our moderation team. You can block any user at any time. Blocked users cannot message you, view your profile, or appear in your search results. Blocking is silent — the blocked user is not notified.

7.5 Enforcement

We take a graduated approach to enforcement:

• First offence: Written warning via email. Rewards may be temporarily suspended.
• Second offence: 30-day account suspension. All rewards earned during the suspension period are forfeited.
• Third offence or severe violation: Permanent account termination. All Koins, vouchers, and rewards are forfeited.

We reserve the right to skip steps for serious violations such as fraud, impersonation, or threats of violence.

8. RULES OF USE

8.1 You agree not to create fake accounts to farm referral rewards, submit fabricated match results, or manipulate leaderboard rankings.

8.2 Vouchers are personal. Selling, trading, or gifting them to others — whether KourtKulture members or not — is prohibited and will result in account suspension.

8.3 Sharing your account credentials with others, or allowing someone else to use your account to redeem rewards, is not permitted.

8.4 If you discover a bug, glitch, or exploit in the App, report it to us at support@kourtkulture.co.za rather than using it to gain an unfair advantage. Deliberate exploitation will be treated as fraud.

8.5 Do not use automated scripts, bots, or scraping tools on the App, or attempt to gain unauthorised access to our systems.

9. INTELLECTUAL PROPERTY

9.1 The App — its design, source code, graphics, logos, icons, text, scoring algorithms, and all other content other than user-generated content — is the property of ACUITY INNOVATIONS (Pty) Ltd and is protected under the Copyright Act 98 of 1978 and applicable international intellectual property laws.

9.2 The KourtKulture name, logo, and brand elements are our trademarks. You may not use them without prior written permission.

10. PRIVACY AND YOUR PERSONAL INFORMATION

10.1 We process your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Our Privacy Policy at https://kourtkulture.co.za/privacy explains what data we collect, how we use it, and your rights.

10.2 Information Officer (POPIA): Michael Bezuidenhout, info@kourtkulture.co.za, 082 877 7084.

10.3 Your rights under POPIA include the right to access your data, request corrections, request deletion (subject to legal retention obligations), object to processing, and opt out of marketing communications. You may also lodge a complaint with the Information Regulator at www.justice.gov.za/inforeg/.

10.4 We do not sell your personal information to third parties.

11. THIRD-PARTY SERVICES AND COURTS

11.1 The App relies on third-party services to operate, including Apple In-App Purchase for subscriptions, PayFast for shop payments, and other providers for analytics, error tracking, and image hosting. Your use of these services is subject to their respective terms.

11.2 KourtKulture does not own, operate, or control any padel court or coaching service listed in the App. When you visit a court or engage a coach discovered through the App, you do so at your own risk. We are not responsible for injuries, disputes, service quality, or pricing at third-party venues.

12. DISCLAIMERS AND LIABILITY

12.1 The App is provided “as is.” We work hard to keep it running smoothly, but we cannot guarantee uninterrupted service, error-free operation, or that the App will meet every expectation.

12.2 Match results depend on honest reporting by players. While we verify results where possible and have a dispute resolution process, we cannot guarantee the accuracy of every score or ranking.

12.3 To the extent permitted by South African law, including the Consumer Protection Act 68 of 2008, our total liability for any claim arising from your use of the App is limited to the subscription fees you paid us in the 6 months before the claim arose.

12.4 We are not liable for indirect or consequential losses, including lost profits, lost data, or lost opportunities. We are not liable for Koins, vouchers, or rewards that expire unused, or for losses caused by third-party service failures beyond our control.

12.5 Nothing in these Terms limits any rights you have under South African consumer protection law that cannot be excluded by agreement, including liability for negligence causing death or personal injury, or for fraud.

13. NOTIFICATIONS

13.1 The App sends push notifications for match challenges, results, messages, league updates, reward milestones, and other events relevant to your use of the platform.

13.2 Push notifications are optional. You can enable or disable specific categories at any time in Settings > Notification Preferences. Seven categories are available: Challenges, Sessions, Leagues, Rewards, Social, Announcements, and Marketing.

13.3 We will only send marketing notifications if you have opted in. You can opt out at any time.

14. ACCOUNT DELETION

14.1 You can delete your account from within the App at Profile > Settings > Delete Account.

14.2 Before deletion is processed, the App will show you exactly what will be permanently removed: your profile, Koins, vouchers, posts, messages, match history, statistics, and league registrations.

14.3 Deletion is immediate and irreversible once confirmed.

14.4 Deleting your account does not cancel your Apple subscription. You must cancel separately through Settings > Apple ID > Subscriptions on your device to stop future charges.

15. SUSPENSION AND TERMINATION

15.1 We may suspend or terminate your account if you breach these Terms, engage in fraud, or conduct yourself in a way that harms other users or the platform. Where possible, we will notify you and explain the reason.

15.2 On termination, your licence to use the App ends immediately. All Koins, vouchers, and rewards are forfeited. Content you posted may be retained or removed at our discretion.

15.3 Sections of these Terms that should logically survive termination — including intellectual property, disclaimers, liability limits, and dispute resolution — will continue to apply.

16. ECTA DISCLOSURE (Section 43)

In compliance with the Electronic Communications and Transactions Act 25 of 2002, we confirm:

• Full name: ACUITY INNOVATIONS (Pty) Ltd
• Legal status: Private company, Republic of South Africa
• Registration number: 2025/646771/07
• Physical address: 11 Fick Street, Upington, 8801, South Africa
• Email: info@kourtkulture.co.za
• Phone: 082 877 7084
• Website: https://kourtkulture.co.za

All prices in the App are in South African Rand and include VAT where applicable. You have the right to review and correct any transaction before confirming it.

17. CONSUMER PROTECTION

Where the Consumer Protection Act 68 of 2008 applies to your use of the App, your statutory rights under that Act are not affected by these Terms. If any provision in these Terms is found to be unfair, unreasonable, or unjust under Section 48 of the CPA, that provision will be severable and the remaining Terms will continue in full effect.

18. CHANGES TO THESE TERMS

We may update these Terms from time to time. For material changes, we will give you at least 30 days' notice by email or in-app notification before they take effect. If you continue using the App after the effective date, you accept the updated Terms. If you disagree, stop using the App and delete your account.

19. DISPUTES

19.1 If something goes wrong, contact us first at info@kourtkulture.co.za. We will try to resolve the matter within 10 business days.

19.2 If we cannot reach a resolution, you may refer the dispute to the Consumer Goods and Services Ombud (CGSO) at www.cgso.org.za, which offers free mediation for consumer disputes.

19.3 These Terms are governed by South African law. If legal proceedings become necessary, they will be heard in the South African courts with jurisdiction.

20. GENERAL

20.1 These Terms, our Privacy Policy, and any supplementary terms shown within the App make up the entire agreement between us regarding your use of KourtKulture.

20.2 If a court finds any part of these Terms unenforceable, the rest remains in effect.

20.3 Our failure to enforce a right under these Terms does not waive that right.

20.4 You may not assign your rights under these Terms. We may assign ours to a successor entity.

20.5 Events beyond our reasonable control — including natural disasters, pandemics, government orders, internet outages, and third-party service failures — do not constitute a breach of these Terms.

20.6 These Terms are in English. If we provide a translation, the English version prevails.

21. APPLE-SPECIFIC TERMS

These additional terms apply when you download the App from the Apple App Store:

21.1 This agreement is between you and ACUITY INNOVATIONS (Pty) Ltd — not Apple Inc. (“Apple”). Apple is not responsible for the App or its content.

21.2 Apple has no obligation to provide maintenance or support for the App.

21.3 If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Beyond that, Apple has no warranty obligation for the App.

21.4 Apple is not responsible for addressing any claims relating to the App, whether from you or a third party — including product liability claims, regulatory compliance claims, or consumer protection claims.

21.5 If a third party claims the App infringes their intellectual property, Apple is not responsible for investigating, defending, or settling that claim.

21.6 Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

21.7 You confirm that you are not located in a country subject to a US Government embargo and are not on any US Government restricted party list.