Welcome to mboraMAX!

These Terms of Use (or “Terms”) govern your use of mboraMAX, except where we expressly state that separate terms (and not these) apply, and provide information about the mboraMAX Service (the “Service”), outlined below. When you create an mboraMAX account or use mboraMAX, you agree to these terms. The mbora Terms of Service do not apply to this Service.

The mboraMAX Service is one of the mbora Products, provided to you by mbora Group Holdings (Pty) Ltd. These Terms of Use therefore constitute an agreement between you and mbora Group Holdings (Pty) Ltd.

The mboraMAX Service

We agree to provide you with the mboraMAX Service. The Service includes all of the mboraMAX products, features, applications, services, technologies, and software that we provide to advance mbora's mission: Launching rural communities. The Service is made up of the following aspects:

• Offering personalized opportunities to create, connect, communicate, discover, and share.
• Fostering a positive, inclusive, and safe environment.
• We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with other mbora services or law enforcement. Learn more in the Data Policy.
• Developing and using technologies that help us consistently serve our growing community.
• Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service. Providing consistent and seamless experiences across other mbora Products.
• mboraMAX is part of the mbora ecosystem, which share technology, systems, insights, and information-including the information we have about you (learn more in the Data Policy) in order to provide services that are better, safer, and more secure. We also provide ways to interact across the mbora ecosystem that you use, and designed systems to achieve a seamless and consistent experience across the mbora ecosystem.
• Ensuring access to our Service.
• To operate our Service, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our Service. This infrastructure may be owned or operated by mbora Group Holdings (Pty) Ltd, or their affiliates.
• Connecting you with brands, products, and services in ways you care about.
• We use data from mboraMAX and other mbora Products, as well as from third-party partners, to show you offers and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on mboraMAX.
• Research and innovation.
• We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

How Our Service Is Funded

Instead of paying to use mboraMAX, by using the Service covered by these Terms, you acknowledge that we can attend you to services that businesses and organizations pay us to promote on and off the mboraMAX Service. We use your personal data, such as information about your activity and interests, to show you services that are more relevant to you. We show you relevant and useful services without telling organizations who you are. We don’t sell your personal data. We allow organizations to tell us things like their business goal and the kind of audience they want to see their service. We then provide their service to people who might be interested. We also provide organizations with reports about the performance of their services to help them understand how people are interacting with their content on and off mboraMAX. For example, we provide general demographic and interest information to organizations to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. Learn more about how mboraMAX services work here. You may see branded content on mboraMAX based on a commercial relationship with the business partner mentioned in the content. You can learn more about this here.

The Data Policy

Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information across the mbora Products. It also explains the many ways you can control your information, including in the mboraMAX Privacy and Security Settings. You must agree to the Data Policy to use mboraMAX.

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who Can Use mboraMAX.

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the mboraMAX community.

• You must be at least 13 years old or the minimum legal age in your country to use mboraMAX.
• You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
• We must not have previously disabled your account for violation of law or any of our policies.
• You must not be a convicted sex offender.

How You Can't Use mboraMAX.

Providing a safe and open Service for a broad community requires that we all do our part.

• You can't impersonate others or provide inaccurate information.
• You must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
• You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can't violate (or help or encourage others to violate) these Terms or our policies.
• You can't do anything to interfere with or impair the intended operation of the Service.
• This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
• You can't attempt to create accounts or access or collect information in unauthorized ways.
• This includes creating accounts or collecting information in an automated way without our express permission.
• You can’t sell, license, or purchase any account or data obtained from us or our Service.
• This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect mboraMAX usernames, passwords, or misappropriate access tokens.
• You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
• You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share. Learn more, including how to report content that you think infringes your intellectual property rights, here.
• You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
• You can't use a domain name or URL in your username without our prior written consent.

Permissions You Give to Us.

As part of our agreement, you also give us permissions that we need to provide the Service. We do not claim ownership of your data, but you grant us a license to use it. Permission to use your username, profile picture, and information about your relationships and actions with accounts, services, and sponsored content. You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user). You can only use our intellectual property and trademarks or similar marks with our prior written permission. You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to the mbora Products and mbora ecosystem) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center. When you request to delete your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete your account after the deletion process begins. While the deletion process is being undertaken, the account remains subject to these Terms of Use and our Data Policy. After the account is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems. If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Our Agreement and What Happens if We Disagree" will still apply even after your account is terminated, disabled, or deleted.

Our Agreement and What Happens if We Disagree

Our Agreement.

If you use certain other features or related services, additional terms will be made available and will also become a part of our agreement. If any of those terms conflict with this agreement, those other terms will govern. If any aspect of this agreement is unenforceable, the rest will remain in effect. Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver. We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement.

This agreement does not give rights to any third parties. You cannot transfer your rights or obligations under this agreement without our consent. Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens.

Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

How We Will Handle Disputes.

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. Without prejudice to the foregoing, you agree that, in its sole discretion,mbora Group Holdings (Pty) Ltd. may also bring any claim we have against you related to efforts to abuse, interfere, or engage with our products in unauthorized ways in the country in which you reside that has jurisdiction over the claim.

Unsolicited Material.

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.