1. PREAMBLE AND DEFINITIONS
1.1. The Agreement:
This Master Beta Testing & Services Agreement (“Agreement”) is a legally binding contract between PAKO (Pty) Ltd (hereinafter “the Company,” “PAKO,” “we,” “us,” or “our”) and the individual or legal entity accessing the platform (hereinafter “the User,” “Tester,” or “you”).
1.2. Acceptance:
By clicking “I Accept,” registering an account, or accessing the PAKO mobile application or web portal, you acknowledge that you have read, understood, and voluntarily agree to be bound by every provision of this Agreement.
1.3. Definitions: – “App” or “Platform”: Refers to the PAKO mobile application, website, and all associated AI models, APIs, and backend systems. – “Beta Version”: Refers to the pre-release, experimental version of the software which is currently undergoing testing and has not been made generally available to the public. – “Confidential Information”: Includes, but is not limited to, the App’s source code, algorithms, UI/UX design, business logic, marketing plans, and any “bugs” or “errors” discovered during testing. – “Insights”: Refers to any AI-generated data, budget suggestions, cash-flow forecasts, or financial “nudges” provided by the Platform.

2. ELIGIBILITY AND ENROLLMENT
2.1. Strict Legal Capacity: You warrant that you are at least 18 (eighteen) years of age and have the full legal capacity to enter into binding contracts in the Republic of South Africa.
2.2. Residency Requirement: Access is limited to permanent residents or legal inhabitants of South Africa. Use of the Platform via VPN to circumvent geographical restrictions is strictly prohibited.
2.3. Exclusion of Competitors: You warrant that you are not currently employed by, a consultant for, or an owner of any company that provides competing financial technology, personal finance management, or AI-driven banking services. Entry under false pretenses constitutes a material breach of contract and theft of trade secrets.

3. ACCOUNT REGISTRATION AND SECURITY OBLIGATIONS
3.1. Verification of Data: You must provide information that is true, accurate, and verifiable. The Company reserves the right to request proof of identity (SA ID or Passport) to maintain the security of the Beta environment.
3.2. Credential Integrity: You are the sole custodian of your login credentials. You are strictly prohibited from sharing your account with third parties. Any action taken via your account is legally attributed to you.
3.3. Security Breach Protocol: You must notify PAKO via hello@pako.co.za within 60 (sixty) minutes of any suspected unauthorized access. Failure to do so waives any claim of liability against the Company for resulting data loss.

4. THE BETA LICENSE: SCOPE AND LIMITATIONS
4.1. Grant of License: The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable license to use the Beta Version.
4.2. Purpose of License: This license is granted solely for the purpose of evaluation and providing feedback. Any use for commercial gain or competitive analysis is a violation of this Agreement.
4.3. Ownership of Feedback: You agree that any “Feedback” (suggestions, bug reports, or feature requests) provided by you becomes the exclusive property of PAKO (Pty) Ltd upon submission. You hereby irrevocably assign all intellectual property rights in such Feedback to the Company, without the right to compensation or royalties.

5. PROHIBITED ACTIVITIES AND “ANTI-LOOPHOLE” CLAUSE
5.1. Technical Restrictions: You shall not, and shall not attempt to: – Reverse-engineer, decompile, or disassemble the App’s binary or AI logic; – Use “crawlers,” “spiders,” or automated scripts to scrape data from the App; – Conduct “stress tests” or “penetration tests” without prior written authorization.
5.2. Conduct Restrictions: You shall not use the App to: – Facilitate money laundering, terrorist financing, or any activity prohibited by the FIC Act; – Upload “deepfakes,” malware, or any content that infringes on third-party rights.

6. FINANCIAL INFORMATION AND THE “NO-ADVICE” SHIELD
6.1. Educational Only: The App provides AI-driven financial insights. You acknowledge that these are for educational and illustrative purposes only.
6.2. Non-Reliance: No information provided by the App constitutes financial, investment, legal, or tax advice. PAKO is not a Registered Financial Services Provider (FSP) under the FAIS Act.
6.3. AI Error Margin: You acknowledge that AI models can produce inaccurate or “fictitious” data (hallucinations). You must verify all insights against your official bank statements. Reliance on App data for financial decisions is done at your own peril.

7. ACCURACY OF INFORMATION AND THIRD-PARTY DATA
7.1. Upstream Data: PAKO relies on third-party aggregators and your own bank’s API to retrieve data. We do not warrant the accuracy of the data provided by these third parties.
7.2. Latency: You acknowledge that data syncs may be delayed and that the “real-time” nature of the App is subject to internet connectivity and bank server availability.

8. DATA PROTECTION AND PRIVACY (POPIA COMPLIANCE)
8.1. Informed Consent: In accordance with the Protection of Personal Information Act (POPIA), you provide express, voluntary consent for the processing of your: – Personal Identifiers (Name, Email, Contact); – Financial Identifiers (Transaction history, bank balances, spending patterns); – Technical Identifiers (IP address, location data, device type).
8.2. Storage and Security: Your data is stored using bank-level encryption. You acknowledge that while we take “reasonable and appropriate” steps, no beta software is immune to cyber-attacks.
8.3. Data Deletion: Upon termination of the Beta, you may request the deletion of your data.

9. POINTS, REWARDS, AND THE LOYALTY PROGRAM
9.1. Experimental Tokens: Any points, badges, or rewards earned during the Beta are “Experimental Tokens” and hold no cash value.
9.2. No Proprietary Right: You have no ownership right to points. The Company reserves the unilateral right to “wipe,” reset, or modify the rewards program at any time without prior notice or compensation.

10. INTELLECTUAL PROPERTY RIGHTS
10.1. Exclusive Ownership: All rights, title, and interest in and to the App (including code, design, logos, and “PAKO” trademark) are the sole property of PAKO (Pty) Ltd.
10.2. No Transfer: Nothing in this Agreement shall be construed as a transfer of IP to the User.

11. TERMINATION AND SUSPENSION
11.1. Termination at Will: Either party may terminate this Agreement at any time via written notice or by deleting the App.
11.2. Breach Termination: PAKO reserves the right to instantly terminate access if we suspect a breach of Section 5 (Prohibited Activities) or Section 12 (Confidentiality).

12. CONFIDENTIALITY AND NON-DISCLOSURE (NDA)
12.1. The Core Secret: The Beta Version is the “Trade Secret” of PAKO.
12.2. Prohibition on Disclosure: You shall not share, publish, or discuss any unreleased features, screenshots, or “bugs” with any third party, including social media platforms, without express written consent. A breach of this section entitles PAKO to seek an urgent interdict and damages.

13. DISCLAIMER AND LIMITATION OF LIABILITY
13.1. “As-Is” Warranty: The App is provided “AS IS” and “AS AVAILABLE”. We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.
13.2. Liability Cap: To the maximum extent permitted by the Consumer Protection Act (CPA), the Company’s total liability for any claim shall not exceed R100.00 (One Hundred Rand).

14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1. South African Law: This Agreement is governed by the laws of the Republic of South Africa.
14.2. Arbitration Clause: Any dispute arising from this Agreement shall be referred to private, confidential arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA) in Johannesburg. This ensures that any “Beta bugs” revealed during a dispute remain confidential.

15. CHANGES TO THESE TERMS
15.1. Right to Amend: We may update these Terms as the App evolves.
15.2. Continued Use: Your continued use of the App following a notification of changes constitutes your unconditional acceptance of the revised Terms.