End User License Agreement

01PARTIES AND SCOPE

1.1 This EULA governs your use of the Overland app on iOS and Android, including account services, map/location features, points of interest (POIs), user content, social features (follow/unfollow), SOS features, push notifications, and subscription features. 1.2 This EULA applies in addition to the terms of the app store from which you downloaded the app (including Apple App Store and/or Google Play). If there is a conflict, the app store’s mandatory terms control only to the extent required.

02ELIGIBILITY AND AUTHORITY

2.1 You must be at least 18 years old (or the legal age of majority in your jurisdiction, if higher) and legally capable of entering into this agreement. 2.2 If you use the App on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

03LICENSE GRANT

3.1 Subject to your ongoing compliance with this EULA, Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App for lawful, internal, non-commercial purposes. 3.2 The license is granted, not sold. No ownership rights are transferred. 3.3 Company and its licensors reserve all rights not expressly granted.

04LICENSE RESTRICTIONS

You must not, and must not permit others to:

• copy, modify, adapt, translate, or create derivative works of the App;
• reverse engineer, decompile, disassemble, or attempt to discover source code (except to the extent non-waivable law permits);
• bypass or disable security, authentication, usage limits, billing logic, or access controls;
• rent, lease, lend, sell, sublicense, distribute, or commercially exploit the App;
• use the App for illegal, harmful, fraudulent, abusive, or infringing purposes;
• upload malware, interfere with system integrity, scrape data at scale, or perform unauthorized automated access;
• impersonate others, misrepresent identity, or submit false emergency/location information;
• upload, post, transmit, or share content that is unlawful, unsafe, unfair, deceptive, discriminatory, hateful, harassing, threatening, exploitative, or violates another person's rights;
• upload content that promotes or incites hatred, racism, discrimination, bullying, harassment, violence, or dangerous conduct, including discrimination based on a protected or vulnerable characteristic;
• upload sexual or exploitative content involving a minor, non-consensual intimate imagery, private information shared without permission, or content that infringes copyright, privacy, publicity, or other third-party rights.

05ACCOUNTS, CREDENTIALS, AND SECURITY

5.1 You are responsible for account credentials, all activity under your account, and maintaining accurate profile information. 5.2 You must promptly notify Company of unauthorized access or security incidents. 5.3 Company may suspend or terminate access where misuse, security risk, fraud, legal exposure, or policy violations are reasonably suspected.

06USER CONTENT, RIGHTS, AND MODERATION

6.1 "User Content" includes text, reviews, POIs, profile material, images, photographs, videos/reels, audio, captions, map/location submissions, and other material you upload, submit, or share. 6.2 You retain ownership of your User Content. You grant Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, format, encode, resize, cache, create technical previews or thumbnails (including a video frame taken at approximately three seconds), display, stream, distribute, and otherwise process it as reasonably necessary to operate, secure, improve, and make the Service available to you and other users. 6.3 You are solely responsible for your User Content and represent and warrant that it is lawful, accurate where presented as fact, safe, fair, non-discriminatory, and respectful; that you own it or have all necessary licences, permissions, and releases; and that its upload, processing, display, and sharing do not violate law or another person's rights, privacy, consent, or safety. 6.4 User Content must not contain or promote hate, racism, discrimination, harassment, bullying, threats, violence, exploitation, unlawful activity, scams, materially deceptive claims, dangerous conduct, or content that targets or demeans a person or group because of a protected or vulnerable characteristic. You must not upload sexual or exploitative content involving a minor, non-consensual intimate imagery, private information shared without permission, malware, or material that infringes intellectual-property, privacy, publicity, or other third-party rights. 6.5 You must obtain consent from identifiable people where required and must not upload images, video, audio, or location details that expose another person to unreasonable privacy, security, or physical-safety risk. 6.6 User Content is provided by users, not by Company. Company does not author, verify, endorse, guarantee, or pre-screen every item and is not responsible for its accuracy, legality, safety, availability, or the actions of the user who posted it. You must independently assess content before relying on it, especially content relating to routes, locations, vehicles, safety, or emergencies. 6.7 To the maximum extent permitted by law, Company and its developers disclaim responsibility and liability for User Content and for loss, injury, claims, or damage arising from its upload, publication, access, sharing, reliance, or use. This does not exclude or limit any liability or consumer right that applicable law does not allow to be excluded or limited. 6.8 Company may, but is not required to, review, moderate, remove, disable, restrict, or report User Content, including in response to user reports, legal requests, safety concerns, or policy enforcement. Review or non-removal does not constitute approval, verification, or acceptance of responsibility. 6.9 You acknowledge that ratings, reports, moderation outcomes, and content-visibility decisions may affect content visibility and account standing.

07LOCATION, SOS, AND SAFETY-CRITICAL DISCLAIMER

7.1 The App may collect, process, and share geolocation data, including follower location sharing and SOS-related locations, based on your settings, permissions, and app behavior. 7.2 THE APP IS NOT A REPLACEMENT FOR EMERGENCY SERVICES, SATELLITE RESCUE SYSTEMS, OR PROFESSIONAL SAFETY EQUIPMENT. 7.3 SOS alerts, tracking, and notifications may be delayed, inaccurate, interrupted, unavailable, or not delivered due to network coverage, device state, permissions, battery, platform restrictions, third-party outages, or other factors. 7.4 You are solely responsible for:

• maintaining your own safety planning and emergency procedures;
• contacting official emergency responders directly when needed;
• verifying location/safety information before acting on it.

7.5 To the maximum extent permitted by law, Company disclaims liability for injury, death, rescue delays, property loss, or other harm arising from reliance on SOS/location functionality.

08SOCIAL FEATURES AND INTERACTIONS

8.1 The App may include follow/unfollow, profile discovery, content sharing, and notification features. 8.2 You are solely responsible for your interactions with other users. 8.3 Company does not guarantee user identity, truthfulness, conduct, or safety. 8.4 Users act independently. Company is not the publisher or agent of a user who uploads content and does not adopt user statements as its own. You are responsible for evaluating content and interactions and for any decision to contact, meet, travel to, or rely on another user or their content.

09SUBSCRIPTIONS, BILLING, AND ENTITLEMENTS

9.1 Certain features are subscription-gated (for example, additional vehicle capacity, POI discovery scope, and SOS access). 9.2 In-app subscriptions are processed by Apple and/or Google, not by Company directly. Payment, renewal, cancellation, refund, and tax handling are governed by the applicable app store terms and your store account settings. 9.3 Unless canceled through your app store account, subscriptions may auto-renew. 9.4 Company may change plans, features, pricing, or eligibility prospectively, subject to applicable law and platform rules. 9.5 Company may revoke or adjust access to paid features where fraud, abuse, payment reversal, or technical entitlement errors occur.

10PRIVACY AND DATA HANDLING

10.1 Your use of the App is subject to our Privacy Policy at /privacy.php. 10.2 You acknowledge the Service processes account identifiers, profile data, content uploads, device token data, notification preferences, subscription metadata, and location-related data necessary to provide features. 10.3 Where required by law, Company will process personal data in accordance with applicable data protection laws.

11THIRD-PARTY SERVICES

11.1 The App may rely on third-party services and SDKs (including map providers, cloud messaging/push systems, app store billing, and infrastructure services). 11.2 Company is not responsible for third-party service availability, performance, security, policies, or acts/omissions.

12INTELLECTUAL PROPERTY

12.1 The App, including all software, design, branding, APIs, and non-user content, is owned by Company and its licensors and protected by intellectual property laws. 12.2 "Overland" names, logos, and related marks are Company property unless otherwise indicated.

13FEEDBACK

If you provide suggestions, ideas, or feedback, you grant Company a perpetual, irrevocable, worldwide, royalty-free right to use and exploit it without restriction or compensation.

14TERM, SUSPENSION, AND TERMINATION

14.1 This EULA starts when you first use the App and continues until terminated. 14.2 You may terminate by deleting your account (where available), uninstalling the App, and ceasing use. 14.3 Company may suspend, limit, or terminate access immediately for breach, legal risk, abuse, security incidents, non-payment, suspected fraud, or required compliance actions. 14.4 On termination, your license ends immediately. Provisions that by nature survive will survive, including IP, disclaimers, limitations of liability, indemnity, dispute terms, and miscellaneous provisions.

15DISCLAIMERS

15.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. 15.2 COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND SYSTEM INTEGRATION. 15.3 COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, TIMELY, OR THAT DEFECTS WILL BE CORRECTED. 15.4 User Content is supplied by independent users. Company does not warrant or guarantee that User Content is accurate, lawful, safe, fair, non-discriminatory, current, or suitable for your purpose and does not endorse it. Any reliance on User Content is at your own risk, subject always to rights that cannot lawfully be waived.

16LIMITATION OF LIABILITY

16.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY. 16.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THIS EULA WILL NOT EXCEED THE GREATER OF:

• THE AMOUNTS YOU PAID TO COMPANY (THROUGH APP STORE NET RECEIPTS ATTRIBUTABLE TO YOUR ACCOUNT) IN THE 12 MONTHS BEFORE THE CLAIM; OR
• ZAR 200.

16.3 The above exclusions and caps apply regardless of legal theory (contract, tort, negligence, strict liability, statute, or otherwise), even if advised of possible damages, and even if a limited remedy fails of its essential purpose. 16.4 To the maximum extent permitted by law, Company and its developers are not responsible or liable for User Content uploaded or shared by users, or for claims, loss, injury, or damage arising from that content or a user's acts or omissions. The user who uploads the content remains responsible for it. Nothing in this EULA excludes or limits liability that cannot be excluded under applicable law. 16.5 Nothing in this EULA excludes liability that cannot be excluded under applicable law.

17INDEMNITY

You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• your use or misuse of the App;
• your User Content;
• your violation of this EULA or applicable law; or
• your infringement or misappropriation of third-party rights.

18EXPORT, SANCTIONS, AND COMPLIANCE

You may not use or export the App in violation of applicable export control or sanctions laws. You represent you are not in a prohibited jurisdiction and are not a restricted party.

19CHANGES TO THIS EULA

19.1 Company may update this EULA from time to time. 19.2 Material changes may be notified by in-app notice, email, or other reasonable means. 19.3 Continued use after the effective date of updated terms constitutes acceptance, to the extent permitted by law.

20GOVERNING LAW AND DISPUTE RESOLUTION

20.1 Governing Law: This EULA is governed by the laws of the Republic of South Africa, excluding conflict-of-law rules. 20.2 Venue: Subject to Section 20.3, disputes will be resolved exclusively in courts located in South Africa, and you consent to personal jurisdiction there. 20.3 Company Election of Arbitration: At Company’s sole election, any dispute, claim, or controversy arising out of or relating to this EULA or the App may be referred to final and binding arbitration administered in South Africa under rules selected by Company and lawful at the time the arbitration is commenced. If Company elects arbitration, you agree to cooperate in good faith to complete all procedural requirements for the referral and conduct of arbitration. 20.4 If you are a consumer, mandatory consumer protection laws in your country of residence may apply and prevail where required.

21APPLE-SPECIFIC TERMS (IF USING IOS VERSION)

21.1 This EULA is between you and Company, not Apple. Apple is not responsible for the App or its content. 21.2 Apple has no obligation to furnish maintenance or support for the App. 21.3 To the maximum extent permitted by law, Apple has no warranty obligations with respect to the App. 21.4 Apple is not responsible for addressing claims relating to the App, including product liability, legal compliance, or consumer protection claims. 21.5 Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.

22GENERAL

22.1 Entire Agreement: This EULA, together with any incorporated policies (including Privacy Policy), is the entire agreement between you and Company regarding the App. 22.2 Severability: If any provision is unenforceable, the remainder remains in effect. 22.3 No Waiver: Failure to enforce any provision is not a waiver. 22.4 Assignment: You may not assign this EULA without Company’s prior written consent. Company may assign this EULA in connection with merger, acquisition, reorganization, or sale of assets. 22.5 Force Majeure: Company is not liable for delays or failures caused by events beyond reasonable control. 22.6 Electronic Communications: You consent to receive electronic notices and records.

23CONTACT

Company Legal Name: MATTHEW GUERREIRO TRADING AS OVERLANDER Registration Number (if applicable): Not registered (sole proprietor) Address: Winton Cl, Cape Town, South Africa Email: info@guerreiro.co.za Support: /support.php

By using the App, you acknowledge that you have read, understood, and agree to this EULA.