Version 2024.3

This Subscription Service Agreement ("Agreement") is between Celagenix Financial Services, a licensed Financial Services Provider (FSP Number: 51436) organised and existing under the laws of South Africa, with its registered address at 1030 De Klerk Street, Constantia Park, Pretoria, ZA ("Provider," "we," "us," or "our") and the individual accepting this Agreement ("Subscriber," "you," or "your").

BY CLICKING "I AGREE," SELECTING A SUBSCRIPTION PACKAGE, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. Services and Subscription

1.1 Provider offers financial planning and advice-related services, including cloud-based storage ("the Service") on a subscription basis.

1.2 By selecting a subscription package and making payment, you agree to subscribe to the Service according to the terms of this Agreement.

1.3 The specific features, functionalities, and limitations of each package are outlined on our website and may be updated from time to time.

2. Subscription Packages and Fees

2.1 Provider offers multiple subscription packages, including a FREE (STARTER) package and paid options. Current package details and pricing are available on our website.

2.2 For paid packages, you agree to pay the subscription fee as per your selected package, payable monthly.

2.3 All fees are non-refundable except as expressly provided in this Agreement or required by applicable law.

3. Payment and Billing

3.1 Your subscription begins on the date of your first payment and continues on a month-to-month basis until terminated.

3.2 For paid packages, you authorise us to automatically charge the applicable subscription fee to your provided payment method at the beginning of each monthly billing cycle.

3.3 You may change your selected package at any time by either subscribing to a paid plan if you are on a STARTER plan, or sending an email to financial@celagenix.com if you are already on a paid plan and wish to upgrade. Changes will take effect at the start of the next billing cycle.

3.4 We reserve the right to change subscription fees by providing at least 30 days' notice via email and/or notification on our website.

4. Cancellation and Downgrade

4.1 You may cancel your paid subscription or downgrade another package at any time by contacting our customer support: financial@celagenix.com.

4.2 Cancellation or downgrade will take effect at the end of the current billing cycle. No refunds will be provided for partial months of service.

4.3. Each package offers different benefits. Downgrading from a higher package to a lower one means that you will fall into a different discount structure. Any service level agreement pursuant to such downgrade will be amended accordingly.

5. Access and Use of the Service

5.1 We grant you a non-exclusive, non-transferable right to access and use the Service during the term of this Agreement, solely for your personal financial planning purposes.

5.2 You agree not to: (a) share your account credentials or make the Service available to any third party; (b) modify, adapt, or create derivative works of the Service; (c) reverse engineer, decompile, or disassemble the Service; or (d) use the Service in any manner that violates applicable laws or regulations.

6. Data Protection and Privacy

6.1 We process your personal information in accordance with the Protection of Personal Information Act (POPIA) and other applicable data protection laws in South Africa.

6.2 You retain all rights, title, and interest in and to all data and information you provide in connection with this Agreement ("Your Data").

6.3 We implement and maintain reasonable security measures to protect Your Data from unauthorised access, disclosure, or use.

6.4 Our use and processing of Your Data shall be in accordance with our Privacy Policy as well as our PAIA & POPIA Manual, which is available on our website.

7. Financial Services Regulations

7.1 We are a licensed Financial Services Provider (FSP) in South Africa and adhere to all applicable regulations set forth by the Financial Sector Conduct Authority (FSCA).

7.2 You acknowledge that all financial advice provided through the Service is subject to the terms of our FSP license and applicable regulations.

7.3. Our FSP license and statutory disclosure are available on our website.

8. Cloud Storage (“My Vault”)

8.1 As part of the Service, we offer cloud-based storage for your financial and personal documents and information.

8.2 You are solely responsible for the content you store and must comply with all applicable laws and regulations regarding the storage and transmission of such information.

8.3 Provider uses My Vault to store, manage and access documents uploaded, whether by you or the Provider. We do not distribute said documents, except where necessary in the performance of our duties such as sending a signed consent form to an insurer or asset manager to obtain policy and/or investment information.

8.4 Documents uploaded cannot be deleted by you, unless explicitly requested. As an accountable institution, we are required by law to retain records for predetermined periods, generally for a minimum of 5 years from the start of a business relationship or upon termination thereof.

9. Intellectual Property

9.1 All intellectual property rights in the Service, including but not limited to software, designs, text, graphics, and other content, are owned by or licensed to us, such is the case with My Vault.

9.2 You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission.

10. Disclaimers and Limitation of Liability

10.1 While we strive to provide accurate and up-to-date financial information and advice, you acknowledge that all financial decisions and actions taken based on the Service are limited to the completeness of the information we receive.

10.2 EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.3 OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Termination

11.1 Either party may terminate this Agreement at any time, with or without cause.

11.2 Upon termination, you will lose access to the benefits and services of your selected package, excluding services that must still be performed. Where you are on a paid subscription, you will be downgraded to a STARTER subscription in case of termination due to our recordkeeping obligation in terms of FAIS.

11.3 We will provide you with the option to download all Your Data stored in our system.

12. Force Majeure

12.1 Neither party shall be liable for any failure or delay in performing their obligations under this Agreement due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

13. Dispute Resolution

13.1 If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by a mutually agreed-upon mediator before resorting to arbitration, litigation, or some other dispute resolution procedure.

13.2 Any mediation will be held in Pretoria, South Africa, and the costs of mediation will be shared equally by both parties.

14. General Provisions

14.1 This Agreement shall be governed by and construed in accordance with the laws of South Africa.

14.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.

14.3 We will send you a copy of this Agreement to the email address associated with your account after your first payment is processed.

14.4 We may update this Agreement from time to time. If we make material changes, we will notify you via email or through the Service. Your continued use of the Service after such notification constitutes your acceptance of the updated Agreement.

14.5 If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

14.6 This Agreement constitutes the entire agreement between you and us regarding the Service and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

BY SELECTING A SUBSCRIPTION PACKAGE, MAKING PAYMENT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Celagenix Financial Services (Pty) Ltd.

Last Updated: 28 August 2024

Subscription Service Agreement