EULA

END USER LICENSE AGREEMENT

Effective Date: June 8, 2025

1. INTRODUCTION AND DEFINITIONS

1.1 Parties to this Agreement

This End User License Agreement ("Agreement" or "EULA") constitutes a legally binding contract between:

Licensor: Kruger Guide (Pty) Ltd, a company incorporated under the laws of South Africa, with its principal place of business at 17 Wexford Rd, Vredehoek, Cape Town, Western Cape 8001, South Africa ("Company," "we," "us," or "our"); and
Licensee: The individual or entity who downloads, installs, accesses, or uses the Licensed Application ("you," "your," or "End-User").

1.2 Licensed Application Description

"KrugerGuide" or the "Licensed Application" means the mobile software application designed to serve as a comprehensive digital guide for visitors to Kruger National Park, including all associated documentation, updates, upgrades, patches, bug fixes, and any related services. The Licensed Application provides, without limitation:

Offline mapping functionality
Wildlife species identification checklists
Detailed information regarding points of interest
Park road data and distance lookups
Such other features as may be added from time to time

1.3 Formation of Contract

By clicking "Accept," downloading, installing, accessing, or using the Licensed Application through Apple Inc.'s App Store or Google LLC's Play Store (individually and collectively, the "Distribution Platforms" or "Services"), you acknowledge that:

You have read and understood this Agreement in its entirety
You agree to be legally bound by all terms and conditions herein
You have the legal capacity to enter into this binding Agreement
If accepting on behalf of an entity, you have actual authority to bind such entity

2. GRANT OF LICENSE

2.1 License Grant

Subject to your compliance with all terms and conditions of this Agreement, Licensor hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to:

Download, install, and use the Licensed Application for your personal, non-commercial use on any compatible device that you own or control
Access and use all features and functionalities made available through the Licensed Application
Create and maintain backup copies solely for archival purposes on devices under your ownership or lawful control

2.2 Scope and Nature of License

This license is:

Personal: For your individual use only, not for commercial exploitation
Revocable: May be terminated by either party in accordance with Section 9
Non-transferable: Cannot be sold, assigned, or transferred to third parties
Limited: Restricted to the rights expressly granted herein

The Licensed Application is licensed, not sold. Licensor retains all right, title, and interest in and to the Licensed Application, including all intellectual property rights therein.

2.3 Permitted Derivative Uses

Notwithstanding the personal nature of this license, you may:

Utilize family sharing features native to the Distribution Platforms, where available
Allow members of your immediate family residing in your household to access the Licensed Application on shared devices
Transfer the Licensed Application between devices you own, subject to Distribution Platform rules

2.4 License Restrictions

You shall not, and shall not permit any third party to:

Reverse Engineer: Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Licensed Application
Modify: Alter, modify, adapt, translate, or create derivative works based upon the Licensed Application
Distribute: Sell, rent, lease, lend, sublicense, or otherwise distribute or transfer rights to the Licensed Application
Remove Notices: Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) from the Licensed Application
Circumvent: Bypass, disable, or otherwise circumvent any security features or access controls
Commercial Use: Use the Licensed Application for any commercial purpose without prior written consent from Licensor

2.5 Updates and Upgrades

This license shall extend to any updates, upgrades, patches, or new versions of the Licensed Application provided by Licensor, unless such updates are accompanied by a separate license agreement, in which case the terms of such new agreement shall govern.

2.6 Device Transfer Obligations

Prior to transferring ownership of any device containing the Licensed Application, you must completely remove and delete all instances of the Licensed Application and any associated data from such device.

3. TECHNICAL SPECIFICATIONS AND REQUIREMENTS

3.1 Minimum System Requirements

The Licensed Application requires:

For iOS Devices: iOS version 14.0 or later
For Android Devices: Android version 6.0 (API level 23) or later
Recommended: Latest available operating system version for optimal performance

3.2 Compatibility Disclaimer

While Licensor endeavors to maintain compatibility with new operating system versions and hardware configurations, Licensor:

Makes no guarantee of perpetual compatibility
Reserves the right to discontinue support for older systems
Has no obligation to provide updates ensuring compatibility
May modify technical requirements at its sole discretion with or without notice

3.3 End-User Verification Responsibility

You acknowledge and agree that:

It is solely your responsibility to verify device compatibility before download
Licensor bears no liability for incompatibility issues
No refund obligations arise from compatibility issues outside Licensor's published specifications

4. REGULATORY COMPLIANCE AND RESTRICTIONS

4.1 Industry-Specific Regulations

The Licensed Application has not been designed, tested, or certified for compliance with industry-specific regulations including but not limited to:

Health Insurance Portability and Accountability Act (HIPAA)
Federal Information Security Management Act (FISMA)
Gramm-Leach-Bliley Act (GLBA)
Payment Card Industry Data Security Standard (PCI DSS)
Any other data protection or industry-specific regulatory framework

You expressly acknowledge that use of the Licensed Application in any regulated industry or for any purpose requiring regulatory compliance is at your sole risk and liability.

4.2 Export Control Compliance

You represent, warrant, and covenant that:

You are not located in a country subject to U.S. Government embargo
You are not located in a country designated by the U.S. Government as a "terrorist supporting" country
You are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List
You will comply with all applicable export and re-export control laws and regulations

4.3 Jurisdictional Limitations

You acknowledge that the Licensed Application may not be legally used in all jurisdictions and that it is your sole responsibility to ensure compliance with local laws and regulations.

Section 4.4 - Distribution Platform Usage Rules

You acknowledge and agree that:

(a) Your use of the Licensed Application is subject to, and you will comply with, any applicable usage rules established by the Distribution Platforms, including but not limited to the Apple App Store Terms of Service and Google Play Terms of Service;

(b) Such usage rules are incorporated into this Agreement by reference and may be updated by the Distribution Platforms from time to time;

(d) Licensor bears no responsibility for your failure to comply with Distribution Platform usage rules.

Section 4.5 - U.S. Government End Users

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

5. USER-GENERATED CONTENT AND CONTRIBUTIONS

5.1 Definition of Contributions

"Contributions" means any and all content, materials, information, or data that you submit, post, upload, provide, transmit, or otherwise make available through the Licensed Application, including but not limited to:

Text, writings, comments, or messages
Photographs, images, or graphics
Audio or video recordings
Location data or check-ins
Reviews, ratings, or feedback
Any other user-generated content

5.2 Representations and Warranties Regarding Contributions

By submitting any Contributions, you represent, warrant, and covenant that:

A. Ownership and Rights:

You are the sole author and owner of all intellectual property rights in your Contributions, or
You have obtained all necessary rights, licenses, consents, permissions, and waivers to grant the rights specified herein
Your Contributions do not infringe, violate, or misappropriate any third-party intellectual property rights, privacy rights, or publicity rights

B. Content Standards: Your Contributions do not and will not:

Contain any defamatory, libelous, or slanderous material
Promote violence, discrimination, or illegal activities
Include obscene, pornographic, or sexually explicit material
Violate any applicable laws or regulations
Contain viruses, malware, or other harmful components
Constitute unauthorized advertising or spam
Impersonate any person or entity
Contain false, misleading, or inaccurate information

C. Third-Party Rights:

All identifiable individuals in your Contributions have provided written consent for their likeness to be used
No Contributions violate any confidentiality or non-disclosure obligations
All necessary model releases, property releases, and other permissions have been obtained

5.3 Grant of Rights in Contributions

By submitting Contributions, you hereby grant to Licensor an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, sublicensable license to:

Use, reproduce, modify, adapt, publish, translate, and distribute your Contributions
Create derivative works from your Contributions
Display and perform your Contributions publicly
Incorporate your Contributions into other works
Exploit all intellectual property rights in your Contributions
Use your name, likeness, and biographical information in connection with your Contributions

This license includes the right to use your Contributions for commercial purposes and in any media format or technology now known or later developed.

5.4 Moral Rights Waiver

To the fullest extent permitted by applicable law, you hereby waive all moral rights in your Contributions, including rights of attribution and integrity. Where such waiver is not legally permitted, you agree not to assert any moral rights against Licensor or its licensees.

5.5 No Obligation to Use

Licensor has no obligation to use, display, or maintain any Contributions. Licensor reserves the right, in its sole discretion, to:

Review, edit, or modify any Contributions
Remove or refuse any Contributions
Categorize or relocate Contributions
Take any action deemed necessary regarding Contributions

5.6 Ownership of Contributions

You retain ownership of your Contributions, subject to the license granted herein. Licensor claims no ownership rights in your original Contributions.

6. DATA COLLECTION AND PRIVACY

6.1 Personal Data Processing

By using the Licensed Application, you acknowledge and consent that Licensor may collect, process, and use personal data in accordance with our Privacy Policy, which is incorporated herein by reference and accessible within the Licensed Application's Information section.

6.2 Technical Data Collection

Licensor may automatically collect certain technical data, including but not limited to:

Device identifiers and hardware specifications
Operating system version and configuration
Network information and IP addresses
Application usage statistics and crash reports
Performance metrics and diagnostic data

6.3 Purpose Limitation

Technical data collected shall be used solely for:

Providing technical support and troubleshooting
Improving application performance and stability
Developing new features and functionalities
Ensuring security and preventing fraud
Complying with legal obligations

6.4 Anonymization

Technical data will be processed in a manner that does not personally identify you unless specifically required for support purposes with your explicit consent.

7. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY

7.1 Limited Warranty

Licensor warrants solely that:

At the time of download, the Licensed Application shall be free from viruses, malware, spyware, trojans, and other malicious code
The Licensed Application shall substantially conform to the documentation provided

7.2 Warranty Period and Remedies

Commercial Users: Warranty claims must be submitted within twelve (12) months of download
Consumers: Statutory warranty periods under applicable consumer protection laws shall apply
Notification: Defects must be reported via email within three (3) business days of discovery
Remedies: Licensor's sole obligation shall be, at its option, to repair, replace, or refund

7.3 Warranty Exclusions

The limited warranty does not apply to:

Defects caused by unauthorized modification or alteration
Issues arising from incompatible hardware or software
Problems caused by improper use or negligence
Failures due to causes beyond Licensor's reasonable control
Use on non-supported devices or operating systems

7.4 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
WARRANTIES OF NON-INFRINGEMENT
WARRANTIES OF TITLE
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

7.5 Limitation of Liability

A. General Limitation: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE LICENSED APPLICATION.

B. Exclusion of Damages: LICENSOR SHALL NOT BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
LOST PROFITS OR LOST BUSINESS OPPORTUNITIES
LOSS OF DATA OR DATA CORRUPTION
BUSINESS INTERRUPTION
PUNITIVE OR EXEMPLARY DAMAGES

C. Exceptions: The limitations above shall not apply to:

Liability for death or personal injury caused by gross negligence
Liability for intentional misconduct or fraud
Any liability that cannot be excluded under applicable law

7.6 Basis of the Bargain

You acknowledge that Licensor has set its prices and entered into this Agreement in reliance upon the disclaimers and limitations set forth herein, and that the same form an essential basis of the bargain between the parties.

8. INDEMNIFICATION

8.1 End-User Indemnification

You agree to defend, indemnify, and hold harmless Licensor, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of this Agreement
Your use or misuse of the Licensed Application
Your Contributions
Your violation of any third-party rights
Your violation of any applicable laws or regulations

8.2 Intellectual Property Claims

Notwithstanding Section 8.1, Licensor shall defend and indemnify you against claims that the Licensed Application infringes third-party intellectual property rights, provided that you:

Promptly notify Licensor of such claims
Provide reasonable cooperation in the defense
Grant Licensor sole control of the defense and settlement

9. TERMINATION

9.1 Term

This Agreement is effective from the date of download and continues until terminated in accordance with this Section.

9.2 Termination by Licensor

Licensor may terminate this Agreement immediately upon notice if:

You breach any provision of this Agreement
Licensor reasonably believes termination is necessary to comply with law
Licensor discontinues the Licensed Application

9.3 Termination by End-User

You may terminate this Agreement at any time by deleting all copies of the Licensed Application from your devices.

9.4 Effect of Termination

Upon termination:

All rights granted to you immediately cease
You must immediately discontinue all use of the Licensed Application
You must delete all copies of the Licensed Application in your possession or control
Sections that by their nature should survive termination shall continue in effect

10. THIRD-PARTY PROVISIONS

10.1 Distribution Platform Acknowledgment

You acknowledge that this Agreement is between you and Licensor only, and not with the Distribution Platforms. The Distribution Platforms have no responsibility for the Licensed Application or its content.

10.2 Third-Party Beneficiaries

Apple Inc. and Google LLC, and their subsidiaries, are third-party beneficiaries of this Agreement and may enforce its terms directly against you.

10.3 Third-Party Terms

Your use of the Licensed Application must comply with all applicable third-party terms, including Distribution Platform terms of service.

11. GENERAL PROVISIONS

11.1 Governing Law and Jurisdiction

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 disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.

11.2 Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the Licensed Application and supersedes all prior or contemporaneous agreements, understandings, and communications.

11.3 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

11.4 Waiver

No waiver of any term or condition shall be valid unless in writing and signed by the waiving party. No waiver of any breach shall constitute a waiver of any subsequent breach.

11.5 Amendment

Licensor reserves the right to modify this Agreement at any time. Continued use after modification constitutes acceptance of the modified terms.

11.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control.

11.7 Assignment

You may not assign or transfer any rights or obligations under this Agreement without Licensor's prior written consent. Licensor may freely assign this Agreement.

11.8 Notices

All notices shall be in writing and deemed delivered when sent to the addresses specified herein.

Section 11.9 - External Services Disclaimer

11.9 External Services

(a) The Licensed Application may enable access to or display content from third-party services, websites, resources, or content providers (collectively, "External Services"), including but not limited to:

Park booking systems
Accommodation providers
Weather services
Social media platforms
Mapping services
Other tourism-related services

(b) You acknowledge and agree that:

Licensor does not endorse, control, or assume responsibility for any External Services
Your use of External Services is at your sole risk and subject to third-party terms
Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of External Services
Licensor assumes no responsibility for any harm to your device or loss of data resulting from access to External Services
External Services may not be available in all languages or locations
Licensor may change, suspend, remove, or disable access to any External Services at any time without notice

Violates the terms of service of such External Services
Infringes intellectual property rights
Is illegal, harmful, or fraudulent
Attempts to harm, deceive, or defraud other users

Section 11.10 - Survival

11.10 Survival of Terms

The following sections shall survive any termination or expiration of this Agreement:

Section 2.4 (License Restrictions)
Section 5 (User-Generated Content and Contributions)
Section 6 (Data Collection and Privacy)
Section 7.4, 7.5, and 7.6 (Disclaimers and Limitations)
Section 8 (Indemnification)
Section 9.4 (Effect of Termination)
Section 11 (General Provisions)
Any other provisions that by their nature should survive termination

12. CONTACT INFORMATION

For all inquiries, notices, or communications regarding this Agreement or the Licensed Application:

Kruger Guide (Pty) Ltd
17 Wexford Rd, Vredehoek
Cape Town, Western Cape 8001
Republic of South Africa
Email: hello@kruger.guide

By using the Licensed Application, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement.