Terms of Use

1. Introduction and Acceptance of Terms

These Terms govern your access to and use of the SocialSpace mobile application, websites, and related services (collectively, the "Services") provided by HumanSpace, a South African company ("we," "us," or "our"). These Terms constitute a legally binding agreement between you and us.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By creating an account or by accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

2. The Services

Our Services provide a platform for users to create and share ephemeral, location-based content ("Statuses"), interact with other users' Statuses, and communicate through direct messaging. The core functionality, as exemplified by our Status Discovery Engine function, is to display content to users within a specified geographic radius (radius_meters) of their current location (user_lat, user_long). Statuses are temporary and designed to expire after a set period (expires_at).

3. Eligibility and User Accounts

To access or use our Services, you must be at least 16 years of age (or such other age as required by the law in your jurisdiction). You must provide accurate, complete, and current account information and are solely responsible for all activity that occurs under your account. You are responsible for safeguarding your password and agree not to disclose it to any third party.

4. User-Generated Content

You are solely responsible for all content, including text, photos, videos, voice notes, and other materials that you upload, post, or share through our Services ("User Content"). You retain all ownership rights in your User Content.

By creating User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, and adapt your User Content, solely for the purposes of operating, developing, providing, and improving the Services and researching and developing new ones. This license includes the right for us to make your User Content available to, and pass these rights along to, other users of the Services, as is necessary for the core functionality (e.g., showing your Status to nearby users).

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit.

5. Acceptable Use Policy

You agree not to post User Content or engage in any activity on the Services that:

• • Is illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening, or harassing.
• • Infringes upon another party's intellectual property rights, including copyrights, trademarks, and patents.
• • Violates any person's right to privacy or publicity.
• • Involves the exploitation of minors.
• • Contains spam, unsolicited commercial messages, or any other form of commercial solicitation.
• • Contains viruses or other malicious code.
• • Attempts to reverse engineer, decompile, or otherwise extract the source code of the Services, including but not limited to functions like Status Discovery Engine and get_statuses_with_expanding_radius.
• • Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.

We reserve the right to remove any User Content and terminate or suspend user accounts for violations of this policy without prior notice. Our platform includes features like is_user_blocked to enforce these rules. For more detailed rules about what is and isn't allowed, please see our Community Guidelines.

6. Location-Based Services

The core functionality of our Services is dependent on the collection and processing of your precise geolocation data. By using the Services, you consent to us collecting, storing (status_location), and processing your latitude and longitude to filter and display content as described in these Terms and our Privacy Policy. You can control location data sharing through your device's settings, but doing so will severely limit or prevent the functionality of the Services.

7. Disclaimers and Limitation of Liability

A. "AS IS" and "AS AVAILABLE" Basis

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

B. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUMANSPACE OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT THEREON.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00) OR ITS EQUIVALENT IN SOUTH AFRICAN RAND.

C. Jurisdictional Limitations on Exclusions

SOME JURISDICTIONS, INCLUDING SOUTH AFRICA (UNDER THE CONSUMER PROTECTION ACT, 2008), DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THESE PROVISIONS ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF YOUR COUNTRY OF RESIDENCE.

8. Indemnification

You agree to defend, indemnify, and hold harmless HumanSpace, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

9. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them 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 dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally resolved by arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) in accordance with its rules. The seat of the arbitration shall be Pretoria, South Africa.

Mandatory Local Law Acknowledgment: For users residing in jurisdictions where local consumer protection laws are considered mandatory public policy, this choice of law and forum clause shall not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of your habitual residence.

10. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

11. Contact Us

If you have any questions about these Terms, please contact us at: