User Agreement

This FreeByte User Agreement (the "Agreement") is entered into by and between FreeByte Proprietary Limited (the "Company"), registration number 2024/244814/07, located at 27 Hartzenbergfontein Estate, Hartzenbergfontein, Walkerville, Gauteng 1961, and any natural person aged 18 or older (the "User") who downloads, accesses, or uses the mobile application and/or website (collectively, the "Application" or "FreeByte").

This Agreement governs your use of the Application, establishing the rights, obligations, and liabilities of both parties. By accessing or using the Application, Users declare that they are at least 18 years of age, have fully read and understood this Agreement, and agree to be bound by its terms, including via electronic acceptance.

DEFINITIONS

User: Any natural person aged 18 or older who downloads, accesses, or registers an account on the Application.

FreeByte Points: The digital loyalty points earned by Users through active participation in in-app games and campaigns, redeemable exclusively within the Application.

MoMo: Refers to mobile money services or third-party payment gateways utilized within the Application to facilitate transactions.

Content: Any data, including text, photographs, videos, audio, and messages, uploaded or shared by Users within the Application.

Provided Content: All materials and content supplied directly by the Company through the Application.

REGISTRATION AND ACCOUNT SECURITY

FreeByte is available for download via the App Store and Google Play Store. To create an account, Users must register using their mobile phone number and authenticate it via a verification code. Your phone number remains private and will not be visible to other users.

Users are obligated to keep their login credentials secure, avoid sharing verification codes with third parties, and immediately notify the Company of any unauthorized access or security breaches. The Company reserves the right to suspend or terminate any account if a User provides false age information.

PRIVACY POLICY AND DATA PROTECTION

During registration, the Company requires your personal information shown below. Your personal information is processed in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

The Company processes personal information only for specific, lawful, and legitimate business purposes. The primary purposes for which personal information is processed include, but are not limited to:

• Provision of Services: To deliver, operate, maintain, and improve our software applications, cloud platforms, and related technological services.
• Client and Account Management: To create and manage user accounts, authenticate users, verify identities, and provide ongoing customer support and troubleshooting.
• Administrative and Financial Purposes: To process transactions, issue invoices, manage billing, conduct financial reporting, and maintain commercial records.
• Security and IT Operations: To monitor system performance, detect, prevent, and mitigate fraud, unauthorized access, or cyber threats, and to ensure the overall security of our network and physical infrastructure.
• Communications and Marketing: To send administrative notices, technical alerts, updates, and (where legally permissible or with consent) marketing communications regarding our products and services.
• Human Resources and Employment: To manage the recruitment process, administer employment contracts, process payroll, provide employee benefits, and evaluate performance.
• Legal and Regulatory Compliance: To fulfil statutory obligations under applicable South African laws (e.g., tax, labour, and company laws), enforce our terms of service, and cooperate with legal or regulatory authorities when required.

Cross-Border Transfers: The Company transfers and stores certain personal information outside the Republic of South Africa for the purposes of cloud hosting, data backup, and system resilience. Specifically, personal information listed in the table above is transferred to and hosted on servers operated by Amazon Web Services (AWS) located in the United States of America.

Retention Periods: The Company shall retain your personal information only for as long as is strictly necessary to fulfill the purposes for which it was collected, to provide the Application's services, or to comply with our statutory, regulatory, tax, or accounting obligations under South African law. Upon expiration of the applicable retention period, or once the purpose for processing has been exhausted, your personal information will be securely deleted, de-identified, or destroyed in accordance with POPIA requirements.

Data Subject Rights: In strict compliance with POPIA, you possess specific rights regarding your personal information. These include the right to: (a) request confirmation of whether the Company holds personal information about you, and request a record or a description of the personal information held; (b) object to the processing of your personal information on reasonable grounds relating to your particular situation; (c) withdraw your consent to processing at any time (provided that such withdrawal does not affect the lawfulness of processing prior to withdrawal, nor processing that is required by law); and (d) request the restriction of processing under certain legal conditions.

Procedure for Requesting Deletion/Correction: You have the right to request the correction, updating, or deletion of your personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or obtained unlawfully. To exercise this right, or any of the Data Subject Rights mentioned above, you must submit a written request to our Information Officer at refik@free-byte.com. The Company will evaluate and process such requests within a reasonable timeframe and in accordance with the procedures and exemptions prescribed by POPIA and PAIA.

Right to Complain to the Information Regulator: Should you believe that the Company has processed your personal information contrary to the provisions of POPIA, we encourage you to first contact our Information Officer to resolve the concern internally. If you remain dissatisfied with the outcome, you have the statutory right to lodge a formal complaint with the Information Regulator of South Africa. The Information Regulator can be contacted via email at POPIAComplaints@inforegulator.org.za, or through their official website at https://inforegulator.org.za.

Furthermore, requests for access to information under the Promotion of Access to Information Act 2 of 2000 (PAIA) may be made according to the procedures outlined in our PAIA Manual, which is available upon request or via our website.

SERVICE USAGE, FEES, AND PAYMENTS

The Application is provided to Users free of charge. While there is no subscription fee to access the Application, certain specific features, digital goods, or transactions may require monetary payment. Payments processed via MoMo or other providers are conducted in South African Rand (ZAR) and are inclusive of applicable taxes.

Users are responsible for ensuring sufficient funds. The Company is not liable for payment gateway failures, unauthorized chargebacks, or fraudulent transactions originating from the User's payment account.

In accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA), where applicable to specific electronic transactions, Users may have a 7-day cooling-off period to cancel without penalty. However, pursuant to Section 42(2) of ECTA, this cooling-off right does not apply to digital content once the User has consented to its commencement. Any payments previously made are non-refundable, except where a refund is expressly required by the Consumer Protection Act (CPA) or other applicable laws.

TERMS OF USE AND PROHIBITED CONDUCT

5.1. Application Scope: FreeByte is a gamified loyalty platform designed for the South African market. Its services are available to both prepaid and postpaid subscribers across all mobile network operators operating within the Republic of South Africa.

5.2. User Obligations: Users must provide accurate, current, and complete information during registration and strictly adhere to the rules of individual games and campaigns.

5.3. IP and Prohibited Conduct: Users shall not reverse engineer, decompile, copy source code, use automated bots, scrape data, or misuse the Company's trademarks. Any attempt to manipulate, exploit, or defraud the Application's gaming mechanics is strictly prohibited.

FREEBYTE POINTS, REWARDS, AND CAMPAIGNS

6.1. Nature of the Programme: The Application is structured strictly as a digital loyalty programme and promotional competition governed by Section 36 of the Consumer Protection Act 68 of 2008 (CPA). The earning of FreeByte points, participation in in-app games, and engagement in seasonal campaigns (including but not limited to spin-the-wheel features or reward drops) do not constitute unlawful gambling, betting, or wagering as defined under the National Gambling Act 7 of 2004. Specifically, Users are not required to pay any entry fee, stake, or financial consideration to participate in the core gaming mechanics or to earn FreeByte points. All points, digital goods, and campaign benefits are distributed purely as promotional loyalty rewards. The Company retains the absolute right to modify, suspend, or audit any game or campaign mechanic at any time to ensure ongoing, strict compliance with applicable South African regulatory frameworks.

6.2. Mechanics and Expiration: FreeByte points are digital loyalty tokens with no independent fiat or cash value. Points expire after 12 months of period until after obtained, and expiry dates are subject to change with prior notice. Points are transferable from one User to another using the Application, cannot be inherited, and do not survive account termination. All redeemed rewards are final and cannot be reversed.

6.3. Company Discretion: The Company expressly reserves the right to discontinue rewards, substitute rewards, modify redemption values, and suspend campaigns, provided such actions remain consistent with the CPA.

6.4. Third-Party Operator Conditions: The fulfillment of redeemed rewards (e.g., data, SMS, airtime) is strictly subject to the technical capabilities of the User's mobile network operator. The Company is not liable for delays in reward allocation caused by third-party operator outages.

INTELLECTUAL PROPERTY AND CONTENT LICENSING

The Company retains all intellectual property rights in and to the Application's content. Users are granted a limited, revocable right to use this content solely for personal, non-commercial purposes.

Users bear responsibility for any Content they generate. By submitting Content, the User grants the Company a non-exclusive, revocable, royalty-free, worldwide license to use, host, and display said Content strictly for the purpose of operating and promoting the Application.

LIMITATION OF LIABILITY AND FORCE MAJEURE

In compliance with Section 49 of the Consumer Protection Act 68 of 2008 (CPA), please carefully note the following limitations of liability:

The Application is provided on an "as is" and "as available" basis. The Company reserves the right to modify or suspend the Application at any time. You use the service entirely at your own risk, and the Company accepts no liability for interactions or disputes arising between Users.

Force Majeure: The Company is not liable for service failures or delays due to circumstances beyond its reasonable control, including but not limited to telecommunications network outages, cyberattacks, power failures (including load shedding), government action, or natural disasters.

Nothing in this Agreement shall limit or exclude the Company's liability for gross negligence, fraud, intentional misconduct, or any other liability that cannot be lawfully excluded under South African law.

TERMINATION AND MODIFICATION

Termination: The Company may suspend or terminate user accounts upon reasonable notice for objective grounds, such as a breach of this Agreement, fraudulent activity, or prolonged inactivity. Upon termination, any unused FreeByte points are permanently forfeited. Users may appeal account suspensions through the internal complaints process.

Modification: The Company may amend this Agreement by providing Users with at least 30 days' advance notice of material changes. Continued use of the Application after the effective date constitutes acceptance of the amended terms.

GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law: This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa.

Dispute Resolution: Any disputes must first be submitted to the Company’s internal complaints process. If a dispute remains unresolved, Users retain the right to refer the matter to mediation, arbitration, or the National Consumer Commission (NCC) operating within South Africa. Alternatively, the competent courts of South Africa shall have jurisdiction.

GENERAL PROVISIONS

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire agreement between the User and the Company.

Waiver & Assignment: The failure of the Company to enforce any right does not constitute a waiver. The Company may assign its rights under this Agreement without User consent, provided it does not reduce the User's guarantees.

Survival: Any provisions of this Agreement which by their nature should survive termination or expiration —including but not limited to intellectual property, limitation of liability, and governing law—shall survive the termination of this Agreement.

Electronic Acceptance: By registering an account, clicking to accept, or otherwise using the Application, the User provides electronic acceptance of this Agreement, which shall carry the same legal force and effect as a physical, handwritten signature.

Notices: All legal notices to the Company must be sent in writing to the physical address or email address specified in the Statutory Disclosures section. Notices to the User will be sent to the email address or phone number provided during registration, or delivered via in-app notifications.

Interpretation: Words denoting the singular shall include the plural and vice versa. Any reference to a statute, regulation, or law includes any subsequent amendments, updates, or re-enactments thereof.

Headings: The headings in this Agreement are inserted for convenience only and shall not affect its meaning or interpretation.

Relationship of Parties: Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, fiduciary, or employment relationship between the User and the Company.

STATUTORY DISCLOSURES (ECTA SEC 43)

Pursuant to Section 43 of the ECTA, the Company provides the following mandatory disclosures:

• Registered Company Name: FreeByte Proprietary Limited
• Registration Number: 2024/244814/07
• Physical Address: 27 Hartzenbergfontein Estate, Hartzenbergfontein, Walkerville, Gauteng 1961
• Support Email: info@free-byte.com
• Complaints Email: info@free-byte.com
• Information Officer: Refik Çağlayan
• Information Officer Contact: refik@free-byte.com
• Directors: Available upon formal request to the legal department.