Terms of Service

1. About CRCLX (Pty) Ltd

These Terms of Service (“Terms”) govern your use of the CRCLX platform at crclx.co.za (“Platform”), operated by CRCLX (Pty) Ltd, a company registered with the Companies and Intellectual Property Commission (CIPC) of South Africa under registration number 2026/321418/07. Our registered address is 493 Reier Road, Roodeplaat, Pretoria, Gauteng, 0039, South Africa. We are incorporated in the Republic of South Africa.

By accessing or using the Platform — whether as a Fan, Creator, or visitor — you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

2. Nature of the Platform

CRCLX operates as a marketplace operator connecting Fans with Creators. All payments are processed by our licensed third-party payment gateway provider. CRCLX is not a payment service provider and does not hold a licence under the South African National Payment System Act.

CRCLX is not, and does not hold itself out to be, any of the following:

• A bank or deposit-taking institution
• A payment service provider or payment facilitator requiring licensing under the National Payment System Act
• An e-money or stored-value issuer
• A fund custodian or investment vehicle
• A financial services provider as defined under the Financial Sector Regulation Act 9 of 2017

CRCLX acts as a limited payment collection agent for each Creator, solely for the purpose of:

• Receiving payment from Fans via our licensed payment gateway provider
• Reconciling transactions and handling eligible refunds
• Calculating each Creator’s revenue share
• Remitting the Creator’s net earnings on the monthly settlement schedule

This arrangement is operationally identical to how platforms such as Uber, Airbnb, Etsy, and Patreon function. CRCLX holds funds in its operational account only for the brief period between a Fan’s payment and the Creator’s monthly settlement date. These funds are not invested, lent, or used for any purpose other than operational reconciliation and settlement.

3. Definitions

As used in these Terms:

• Platform — The CRCLX website at crclx.co.za and all associated services, applications, and content made available thereon.
• Creator — A person or entity approved by CRCLX to publish and manage one or more Circles on the Platform.
• Fan(also “Member”) — A person who creates an account on the Platform and purchases access to one or more Circles.
• Circle — A Creator-curated membership offering comprising episodes (video, audio, or written content), live sessions, community spaces, and related materials.
• Content — All materials published within a Circle, including video, audio, written articles, PDFs, and live session recordings.
• Membership— A Fan’s active, paid subscription granting access to specified Circles for the duration of the subscription period.
• Settlement— The monthly transfer of a Creator’s net earnings to their nominated bank account, occurring on the last business day of each calendar month.

4. Funds and Settlement

When a Fan purchases access to a Circle, the following payment flow occurs:

1. Payment is processed by our licensed payment gateway provider, using the Fan’s chosen payment method.
2. Net proceeds (after payment gateway processing fees) settle to the CRCLX operational account. This settlement occurs solely for the purposes of transaction reconciliation, refund handling, and revenue-share calculation.
3. On the last business day of each calendar month, CRCLX disburses the Creator’s net earnings to their nominated bank account. Funds typically reach the Creator’s account within one to three business days of disbursement.
4. CRCLX retains a platform fee from gross revenue. Creators receive their share of gross revenue, as set out in their Creator Agreement, less any approved refunds issued during that settlement period.
5. Creators receive a settlement statement for each payout period, showing: gross revenue, CRCLX platform fee, refund deductions (if any), and net payout.

In the event CRCLX ceases operations, Creator balances accrued for the current settlement period will be remitted to each Creator within 30 days of the cessation date.

CRCLX does not hold funds as a custodian and does not generate or earn interest on funds held during operational settlement.

5. Account Eligibility

You must be at least 18 years of age to create an account. Users between 13 and 17 years of age may access the Platform only with the verifiable consent of a parent or legal guardian, who accepts these Terms on their behalf. CRCLX does not knowingly permit access to children under 13 years of age.

You may hold only one account on the Platform. Creating multiple accounts is a violation of these Terms and may result in termination of all associated accounts.

You agree to provide accurate, complete, and current registration information and to keep that information updated. You are responsible for all activity that occurs under your account, including any activity by persons to whom you grant access.

6. Subscriptions and Payment

Pricing for each Circle is determined by CRCLX in consultation with each Creator and is clearly displayed before any purchase is made. Prices are displayed inclusive of applicable value-added tax (VAT) where required by law.

All payments are processed by our licensed payment gateway provider. CRCLX does not store or have access to your card or banking details. Our payment gateway provider’s own terms of service and privacy policy apply to your payment transaction.

Memberships are billed as stated at the time of purchase (monthly, annually, or as a once-off fee). Unless you cancel before the renewal date, Memberships will renew automatically at the then-current price. You may cancel your Membership at any time; access continues until the end of the paid period.

7. Revenue Share

CRCLX and each Creator operate under an explicit revenue share model:

• The Creator’s share of gross subscription revenue is paid to the Creator as their net earnings, after deduction of any approved refunds issued in that settlement period.
• A platform fee is retained by CRCLX for hosting, infrastructure, content delivery, payment processing, customer support, and platform services.

This revenue share arrangement is explicitly agreed to by each Creator as part of their Creator Agreement with CRCLX. The revenue-share arrangement applies to all transactions processed through the Platform. CRCLX does not receive any additional hidden fees beyond the platform fee and applicable payment gateway fees.

8. Content Ownership and Intellectual Property

Each Creator retains all intellectual property rights in the Content they publish on the Platform. By publishing Content on CRCLX, the Creator grants CRCLX a non-exclusive, non-transferable, royalty-free licence to host, store, display, and deliver that Content to Members who have purchased access to the relevant Circle, for the duration of the Creator’s active relationship with CRCLX.

CRCLX acquires no ownership interest in Creator Content. Upon a Creator’s departure from the Platform, CRCLX will cease making the Creator’s Content available to new Members within 30 days, subject to honouring outstanding Membership commitments.

All Content within Circles is protected by South African copyright law and applicable international treaties. Unauthorised reproduction, distribution, screen recording, sharing, or resale of any Content is strictly prohibited and may result in immediate account termination and legal action. All video Content is watermarked with Member identifiers. CRCLX cooperates with rights-holders to address infringement.

9. User Conduct

By using the Platform, you agree to comply with the CRCLX Acceptable Use Policy, incorporated herein by reference. You agree not to upload, share, post, or transmit any content or engage in any activity that is unlawful, harmful, abusive, or in violation of these Terms or the Acceptable Use Policy.

You may not use the Platform in any way that would require CRCLX to be regulated as a financial institution, including using Circles as a vehicle for investment schemes, fundraising for unregistered securities, money transmission between users outside the standard purchase flow, or any activity that would cause CRCLX to act as a custodian of funds.

10. CRCLX’s Role and Liability

CRCLX facilitates access to Creator Content. We do not produce, edit, or control Creator Content, and make no warranties as to its accuracy, completeness, or fitness for any particular purpose. Our role is that of a platform operator and marketplace facilitator, not a co-creator or endorser of Creator Content.

To the maximum extent permitted by South African law, CRCLX’s aggregate liability to any user for any claim arising from or relating to the Platform shall not exceed the total amount paid by that user to CRCLX in the 12 months immediately preceding the claim.

CRCLX is not liable for: loss of profit; indirect, special, consequential, or punitive damages; temporary or permanent unavailability of the Platform or any Circle; or the acts or omissions of Creators.

The South African Consumer Protection Act 68 of 2008 (“CPA”) may afford you rights that cannot be excluded by these Terms. Nothing in these Terms limits any rights you may have under the CPA or other applicable consumer protection legislation.

11. Account Termination

You may close your account at any time by contacting contact@crclx.co.za. Upon closure, your access to Circles will terminate at the end of your current billing period. No refunds are issued for unused subscription periods unless a refund is eligible under our Refund Policy.

CRCLX may suspend or terminate your account immediately, with or without notice, if you violate these Terms or the Acceptable Use Policy, engage in fraudulent activity, or if we are required to do so by law. In cases of serious breach — including fraud or egregious content violations — CRCLX may retain any outstanding Creator settlement amounts pending resolution.

12. Dispute Resolution

We encourage you to contact us at contact@crclx.co.za to resolve any dispute informally. Most concerns can be resolved this way within 5 business days.

If informal resolution fails, disputes shall be referred to mediation or arbitration in accordance with the Arbitration Foundation of Southern Africa (AFSA) Rules before either party commences litigation. Proceedings will be conducted in Pretoria, Gauteng.

Nothing in this section prevents you from approaching the National Consumer Tribunal, the Consumer Court, the National Credit Regulator, or any other statutory body with jurisdiction for relief.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. The Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Consumer Protection Act 68 of 2008 (CPA), and the Protection of Personal Information Act 4 of 2013 (POPIA) apply where relevant.

Subject to the dispute resolution clause above, you consent to the non-exclusive jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) for the resolution of any dispute arising under these Terms.

14. Changes to These Terms

CRCLX may update these Terms from time to time. For material changes, we will notify registered users by email at least 30 days before the changes take effect. For minor or non-material changes, we may provide 14 days’notice or update the “Last Updated” date without further notice.

Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of those Terms. If you do not agree with updated Terms, you must stop using the Platform and may close your account.

15. Contact

We respond to all queries within 2 business days.