Terms of Service

2. Acceptance of Terms

By downloading, installing, accessing, or using the Sesh mobile application (the “App” or “Service”), or by accepting these Terms during registration, you (“User”, “you”) agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree, do not use the App.

You represent that you are at least 18 years old and have legal capacity to enter this agreement. We do not knowingly offer independent accounts to anyone under 18.

3. Apple App Store — Mandatory Terms

If you download the App from the Apple App Store, you and the Company acknowledge:

• Parties: This agreement is between you and the Company only, not Apple Inc. (“Apple”).
• Scope of license: A limited, non-transferable, revocable license to use the App on Apple-branded devices you own or control, subject to Apple’s Usage Rules.
• Maintenance and support: The Company, not Apple, is solely responsible for maintenance and support.
• Warranty: The Company is solely responsible for product warranties. If the App fails to conform to an applicable warranty, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation.
• Product claims: The Company, not Apple, is responsible for product liability, regulatory, and consumer protection claims relating to the App.
• IP infringement: The Company, not Apple, is responsible for investigating and defending third-party IP claims.
• Legal compliance: You represent you are not in a U.S.-embargoed country and are not on a U.S. prohibited-party list.
• Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.

4. Description of Service

Sesh connects runners and club organizers. Runners can discover clubs, RSVP to group runs, check in via QR/barcode, connect with friends, and view activity feeds. Club owners can create clubs, schedule sessions, manage members, post updates, and run on-site check-in.

The Service is a technology platform only. We do not employ organizers, operate clubs, or guarantee the safety, quality, or occurrence of any real-world run.

The Service is provided on a best-efforts basis. We do not guarantee uninterrupted availability.

5. User Roles

You may switch roles where the App allows. If you organize a club, you must transfer or delete that club before deleting your account where the App requires it.

• Runner — discover clubs, join clubs, RSVP, scan check-in codes, view feeds, add friends, view stats and ranks
• Club Owner — create and manage clubs, schedule sessions, post to feeds, manage members, display check-in QR codes, assign representatives where enabled

6. Account Registration and Security

You must provide accurate registration information (email, display name, and username where required). You are responsible for safeguarding your credentials and for all activity under your account.

Notify us promptly at the legal contact email if you suspect unauthorized access.

7. User-Generated Content and Community Rules

The App includes profiles, club feeds, comments, polls, and images (“User Content”).

You must not post or transmit content that:

• Is defamatory, harassing, threatening, hateful, or discriminatory
• Contains graphic violence, gore, or sexually explicit material
• Promotes illegal activity, dangerous acts, or substance abuse
• Infringes intellectual property or privacy rights of others
• Contains spam, malware, or deceptive material

License you grant us

You retain ownership of your User Content. You grant the Company a worldwide, royalty-free, non-exclusive license to host, store, display, reproduce, and distribute your User Content solely to operate and improve the Service.

Moderation tools

The App provides tools to report posts, comments, profiles, or other User Content, and to block other users.

We may review reports and remove content or suspend accounts that violate these Terms. We aim to action substantiated reports of serious violations within 24 hours, but timing may vary by volume and severity.

We may remove content or suspend accounts at our discretion, with or without notice, for violations of these Terms or applicable law.

8. Physical Activity — Assumption of Risk

Important: Running and outdoor group activity involve inherent risks including injury, illness, or death.

• Sesh is not a medical device and does not provide medical advice.
• Route, pace, and activity statistics are informational only. Consult a physician before starting or changing an exercise program.
• Participation in any real-world run is voluntary. You assume all risks including weather, traffic, terrain, and interactions with other participants.
• To the fullest extent permitted by South African law (including the Consumer Protection Act 68 of 2008), you release the Company and its directors, employees, and contractors from liability for injuries or losses arising from voluntary participation in user-organized meetups, except where liability cannot be excluded for death or personal injury caused by our gross negligence or wilful misconduct.

9. Fees and Subscriptions

Sesh is free at launch. If we introduce paid features or subscriptions later, they will be processed through Apple In-App Purchase and/or Google Play Billing (or other approved payment methods for physical goods/services where permitted). Pricing, renewal terms, and cancellation instructions will be shown before purchase.

10. Intellectual Property

The App, its code, design, branding, and databases are owned by the Company or its licensors. You may not copy, modify, reverse engineer, or create derivative works except as permitted by law.

11. Privacy and Data Protection

Your personal data is processed under our Privacy Policy and applicable law including POPIA (South Africa), GDPR (where applicable), and CCPA/CPRA (where applicable).

• We collect account, profile, social, user-generated content, and device data described in the Privacy Policy
• We use Supabase (cloud hosting, auth, database, storage) and Expo push notification services as processors
• You may delete your account in App → Settings → Delete profile
• Contact us to exercise access, correction, portability, or other privacy rights
• We do not sell your personal information

12. Termination

By you: You may stop using the App and delete your account at any time via Settings.

By us: We may suspend or terminate your account if you breach these Terms, create risk for others, or as required by law. Where reasonable, we will provide notice.

On deletion, we delete or anonymize your personal data as described in the Privacy Policy, subject to legal retention requirements.

13. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) ZAR 1,000 OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

14. Indemnification

You agree to indemnify the Company against claims arising from your use of the Service, your User Content, or your breach of these Terms, except to the extent caused by our gross negligence or wilful misconduct.

15. Changes to Terms

We may update these Terms. For material changes, we will notify you via the App, email, or push notification, and may ask you to re-accept before you can continue using the App. Continued use after the effective date constitutes acceptance.

16. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the courts of South Africa, subject to mandatory consumer protections in your country of residence where they cannot be waived.

17. Contact

Linkage Software Solutions (Pty) Ltd

Attn: Legal & Compliance

Email: legal@linkagesoftwaresolutions.co.za

Support: software@linkagesoftwaresolutions.co.za

Address: Cape Town, South Africa