End User License Agreement

This End User License Agreement (“Agreement” or “EULA”) is a legally binding agreement between you (“You”, “User”) and Tawana Commerce Ltd (“Tawana”, “Licensor”, “Application Provider”, “we”, “us”, or “our”) governing your use of the Tawana mobile application(s), software, and related services (collectively, the “Product”).

The Product is licensed, not sold, to you for use only under the terms of this Agreement.

The Product may be made available through Apple Inc.’s App Store, Google LLC’s Google Play Store, or other authorised distribution platforms (each a “Distributor”).

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE PRODUCT.

1. Scope of License

Tawana grants you a limited, non-transferable, non-exclusive, non-sublicensable licence to install and use the Product on devices that you own or control, in accordance with applicable usage rules of the relevant Distributor.

This licence is granted solely for your personal or internal business use. All rights not expressly granted are reserved by Tawana.

2. Maintenance and Support

Tawana is solely responsible for providing any maintenance and support services for the Product, as required under applicable law.

No Distributor has any obligation whatsoever to furnish any maintenance or support services for the Product.

3. Consent to Use of Data

You agree that Tawana may collect and use technical data and related information, including but not limited to device information, operating system data, application usage data, and diagnostics, to:

  • Operate and maintain the Product
  • Provide updates, support, and enhancements
  • Ensure security and prevent fraud or abuse
  • Enable platform functionality including shops, orders, and checkout
  • Comply with legal and regulatory obligations

All data processing is governed by our Privacy Policy.

4. Restrictions

You may not:

  • Copy, modify, or create derivative works of the Product
  • Reverse engineer, decompile, or disassemble the Product except where permitted by law
  • Rent, lease, lend, sell, sublicense, distribute, or otherwise make the Product available to third parties
  • Use the Product for unlawful, fraudulent, or abusive purposes
  • Attempt to bypass security, payment systems, or platform protections

5. User Content

You are responsible for any content you upload, submit, or display through the Product, including shop listings, product descriptions, images, and communications.

Tawana reserves the right to remove or restrict content that violates this Agreement or applicable laws.

6. Merchant and Customer Use

The Product may be used by merchants to create and manage online shops and by customers to browse, interact, and place orders.

Tawana does not own or sell products listed by merchants unless explicitly stated. Merchants are solely responsible for their listings, pricing, fulfilment, and compliance with applicable laws.

7. Updates

Tawana may provide updates, patches, or improvements to the Product. These may be installed automatically or require user action depending on device settings.

8. Termination

This Agreement remains effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any provision.

Upon termination, you must cease all use of the Product and delete it from your devices.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

Tawana disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAWANA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PRODUCT.

TAWANA’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

11. Product Claims

Tawana, and not Apple Inc., Google LLC, or any other Distributor, is solely responsible for addressing any claims by you or any third party relating to the Product, including but not limited to:

  • Product liability claims
  • Any claim that the Product fails to conform to applicable legal or regulatory requirements
  • Claims arising under consumer protection, privacy, or similar legislation

12. Intellectual Property Rights

In the event of any third-party claim that the Product infringes intellectual property rights, Tawana, and not any Distributor, will be solely responsible for the investigation, defence, settlement, and discharge of such claims.

13. Legal Compliance

You represent and warrant that you are not located in a country subject to embargo or sanctions and are not on any restricted or prohibited party list.

14. Third-Party Beneficiaries

Apple Inc., Google LLC, and any other Distributor of the Product, and their respective subsidiaries, are third-party beneficiaries of this Agreement and may enforce this Agreement against you where permitted.

15. Governing Law

This Agreement shall be governed by applicable laws without regard to conflict of law principles.

16. Entire Agreement

This Agreement constitutes the entire agreement between you and Tawana relating to the Product.

17. Severability

If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

18. Assignment

You may not assign this Agreement without Tawana’s prior written consent. Tawana may assign this Agreement without restriction.

19. Force Majeure

Tawana shall not be liable for any failure or delay resulting from causes beyond its reasonable control.

20. Contact

If you have any questions, complaints, or claims, please contact:

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