Terms and Conditions

Last Updated: December 21, 2025

1. Acceptance of Terms

Welcome to HOWZIT! These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and HOWZIT (Pty) Ltd ("HOWZIT," "we," "us," or "our") governing your access to and use of the HOWZIT mobile application and any related websites, services, or features (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the app or sending you a notification. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you disagree with any changes, you must stop using the Service and delete your account.

2. Eligibility

2.1 Age Requirement

You must be at least 18 years old to create an account on HOWZIT and use the Service. By creating an account, you represent and warrant that you are at least 18 years of age. We reserve the right to request proof of age at any time and to terminate accounts that we reasonably believe belong to users under 18 years old.

2.2 Legal Capacity

By using the Service, you represent and warrant that:

  • You are at least 18 years old
  • You have the legal capacity to enter into a binding contract with HOWZIT
  • You are not prohibited from using the Service under the laws of South Africa or any other applicable jurisdiction
  • You have not been previously banned, suspended, or removed from the Service
  • You will comply with these Terms and all applicable local, national, and international laws, rules, and regulations

2.3 Account Restrictions

You may not use the Service if:

  • You have been convicted of a violent crime, sexual offense, or any crime involving fraud, dishonesty, or exploitation
  • You are required to register as a sex offender in any jurisdiction
  • You are subject to any court order prohibiting you from using dating services or contacting certain individuals
  • You have previously been permanently banned from the Service

3. Your Account

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information, including your name, email address, phone number, date of birth, gender, and location. You agree to update your information promptly if it changes.

3.2 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account or any other security breach

You must not share your account credentials with anyone else or allow others to access your account. HOWZIT will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 One Account Per Person

You may only maintain one account at a time. Creating multiple accounts, sharing accounts, or using another person's account is strictly prohibited and may result in immediate termination of all associated accounts.

3.4 Profile Accuracy

You must ensure that your profile information, including photos, is accurate, current, and not misleading. You must not impersonate any person or misrepresent your identity, age, or affiliation with any person or organization.

4. Using the Service

4.1 License Grant

Subject to your compliance with these Terms, HOWZIT grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes.

4.2 License Restrictions

You agree not to:

  • Use the Service for any commercial purpose without our prior written consent
  • Copy, modify, distribute, sell, or lease any part of the Service
  • Reverse engineer, decompile, or disassemble the Service or attempt to extract the source code
  • Use any automated systems, bots, scrapers, or data mining tools to access the Service
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Circumvent, disable, or interfere with any security features of the Service
  • Use the Service in any manner that could damage, disable, overburden, or impair the Service
  • Access accounts, data, or areas of the Service for which you do not have authorization

4.3 Location Services

HOWZIT requires access to your precise location to provide core functionality, including showing you other users nearby and displaying approximate distances on profiles. By using the Service, you consent to the collection and use of your location data as described in our Privacy Policy.

You may disable location services through your device settings, but this will significantly limit your ability to use the Service's core features.

5. Prohibited Conduct

You agree not to engage in any of the following prohibited activities while using the Service:

5.1 Illegal and Harmful Conduct

  • Violating any applicable law, regulation, or third-party rights
  • Engaging in any activity that is illegal, fraudulent, or harmful
  • Using the Service to promote or engage in illegal activities, including drug trafficking, prostitution, or human trafficking
  • Threatening, stalking, harassing, bullying, or intimidating any person
  • Engaging in any form of discrimination, hate speech, or harassment based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic

5.2 Deceptive Practices

  • Creating fake profiles or impersonating any person or entity
  • Providing false, misleading, or inaccurate information in your profile
  • Using photos of another person without their permission
  • Misrepresenting your age, identity, or intentions
  • Engaging in catfishing, romance scams, or any form of fraud

5.3 Harmful Content

  • Posting content that is defamatory, obscene, pornographic, vulgar, or offensive
  • Posting content that promotes violence, self-harm, or dangerous activities
  • Posting content involving minors or child exploitation (this will be immediately reported to authorities)
  • Posting content that infringes any intellectual property rights
  • Posting spam, advertisements, or promotional material without authorization

5.4 Exploitation and Solicitation

  • Soliciting money, gifts, or financial assistance from other users
  • Promoting commercial sexual services or escort services
  • Soliciting personal information for commercial purposes
  • Attempting to recruit users for pyramid schemes, multi-level marketing, or other commercial ventures

5.5 Platform Manipulation

  • Creating multiple accounts or circumventing account bans
  • Manipulating the Service's matching or recommendation algorithms
  • Using third-party applications or services to interact with the Service
  • Scraping, collecting, or storing user data from the Service
  • Selling, transferring, or sharing your account

5.6 Safety Violations

  • Sharing personal contact information (phone numbers, email addresses, social media handles) in public profile areas before establishing a match
  • Encouraging other users to communicate outside the Service before appropriate trust has been established
  • Disclosing the personal information of other users without their consent

6. User Content

6.1 Your Content

"User Content" means all photos, text, messages, and other materials that you upload, post, or transmit through the Service. You retain ownership of your User Content, subject to the license granted below.

6.2 License to HOWZIT

By uploading or posting User Content to the Service, you grant HOWZIT a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and publicly perform your User Content solely for the purposes of:

  • Operating, providing, and improving the Service
  • Displaying your profile to other users
  • Facilitating communication between users
  • Promoting the Service (with additional consent where required)
  • Enforcing these Terms and protecting the safety of users

This license continues until your User Content is deleted from our systems, except that:

  • Content shared with other users (such as messages) may remain visible to those users
  • Content retained for legal, safety, or moderation purposes as described in our Privacy Policy may be retained for the applicable retention period

6.3 Content Representations

By posting User Content, you represent and warrant that:

  • You own or have the necessary rights to the content
  • Your content does not violate any third party's intellectual property rights, privacy rights, or other rights
  • Your content does not violate any applicable law or these Terms
  • Your content is accurate and not misleading
  • All photos you upload are of yourself and were taken within the last three years

6.4 Content Moderation

HOWZIT reserves the right, but has no obligation, to monitor, review, or remove User Content at any time and for any reason without notice. We may use automated systems and human moderators to detect content that violates these Terms.

7. Interactions with Other Users

7.1 User Responsibility

You are solely responsible for your interactions with other users of the Service, both online and offline.

IMPORTANT SAFETY NOTICE: HOWZIT does not conduct criminal background checks, identity verification, or otherwise screen users. We do not verify the accuracy of user profiles, statements, or intentions.

7.2 Safety Recommendations

We strongly recommend that you:

  • Exercise caution and good judgment when interacting with other users
  • Never share financial information or send money to anyone you meet through the Service
  • Conduct your own research before meeting anyone in person
  • Meet in public places for initial meetings
  • Tell a friend or family member about your plans when meeting someone new
  • Trust your instincts and leave any situation that feels unsafe
  • Report any suspicious or harmful behavior to us immediately

7.3 No Liability for User Conduct

HOWZIT is not responsible for the conduct, whether online or offline, of any user of the Service. We are not liable for any claims, damages, or losses arising from your interactions with other users, including but not limited to:

  • Physical harm, emotional distress, or property damage
  • Financial losses, fraud, or theft
  • False or misleading information provided by other users
  • Any conduct of other users that violates these Terms or applicable law

7.4 Reporting

If you experience any harmful, inappropriate, or suspicious behavior from another user, please report it to us immediately through the in-app reporting feature or by contacting support@howzit.club. We take all reports seriously and will investigate and take appropriate action.

8. Moderation and Enforcement

8.1 Right to Moderate

HOWZIT reserves the right to investigate and take action against any user who, in our sole discretion, violates these Terms or engages in conduct that is harmful to other users, HOWZIT, or third parties.

8.2 Enforcement Actions

We may take any of the following actions without prior notice:

  • Issue warnings to users
  • Temporarily suspend accounts
  • Permanently ban users from the Service
  • Remove or modify User Content
  • Report illegal activity to law enforcement authorities
  • Take legal action against users

8.3 Automatic Suspension

Your account may be automatically suspended if you receive multiple user reports. We will review suspended accounts within 48 hours and either lift the suspension or apply additional enforcement actions as appropriate.

8.4 Appeals

If your account has been suspended or terminated, you may appeal the decision by contacting support@howzit.club. We will review appeals in good faith but are not obligated to reinstate any account.

8.5 Data Retention for Enforcement

Users who violate these Terms may have their account data retained for up to six (6) years for safety, fraud prevention, and legal purposes, as described in our Privacy Policy.

9. Account Termination

9.1 Termination by You

You may delete your account at any time through the Settings menu in the app or by contacting support@howzit.club. Upon deletion:

For accounts with no moderation history (no warnings, suspensions, or bans):

  • Your personal data will be permanently deleted within 30 days
  • You may create a new account freely

For accounts with moderation history:

  • Your profile will be anonymized
  • Chat archives and moderation records will be retained for six (6) years for safety and legal purposes
  • Your phone number may be blocked from re-registration if you are currently banned or suspended
  • See our Privacy Policy for complete details on data retention

9.2 Termination by HOWZIT

We may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Conduct that we determine is harmful to other users, HOWZIT, or third parties
  • Request by law enforcement or government agencies
  • Extended periods of inactivity
  • Technical or security issues
  • Discontinuation of the Service

9.3 Effect of Termination

Upon termination:

  • Your right to use the Service will immediately cease
  • You will lose access to your account and all associated data
  • Any paid subscriptions will be forfeited (except as required by applicable law)
  • Provisions of these Terms that by their nature should survive termination will survive, including intellectual property provisions, warranty disclaimers, limitation of liability, and dispute resolution

10. Intellectual Property

10.1 HOWZIT's Intellectual Property

The Service, including its design, features, functionality, content, trademarks, logos, and software, is owned by HOWZIT and protected by copyright, trademark, and other intellectual property laws. You may not use, copy, modify, or distribute any HOWZIT intellectual property without our prior written consent.

10.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

11. Third-Party Services

11.1 Third-Party Platforms

The Service is distributed through the Apple App Store and Google Play Store. You acknowledge that:

  • Your use of the Service is also subject to the terms of service of these platforms
  • Apple and Google are third-party beneficiaries of these Terms
  • Apple and Google have no obligation to provide support or maintenance for the Service

11.2 Firebase and Google Services

HOWZIT uses Firebase (a Google service) for backend functionality, including authentication, data storage, messaging, analytics, and crash reporting. Your use of the Service is subject to Google's Terms of Service and Privacy Policy. See our Privacy Policy for details on how we use Firebase.

11.3 Links to Third-Party Websites

The Service may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of any third-party websites or services. Your use of third-party websites is at your own risk.

12. Disclaimers

12.1 Service "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, HOWZIT disclaims all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Service will be uninterrupted, timely, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of any content on the Service
  • Warranties that defects will be corrected or that the Service is free of viruses or harmful components

12.2 No Guarantee of Matches

HOWZIT does not guarantee that you will find matches, make connections, or form relationships through the Service. Your success on the platform depends on many factors beyond our control, including the information you provide, how you interact with other users, and factors unique to your location and preferences.

12.3 User Conduct Disclaimer

HOWZIT is not responsible for the conduct of any user, whether online or offline. We do not:

  • Conduct criminal background checks on users
  • Verify the identity or authenticity of users
  • Verify the accuracy of user profiles or statements
  • Monitor or control user communications or interactions
  • Guarantee the safety of any in-person meetings between users

12.4 Third-Party Services Disclaimer

We are not responsible for any failures, errors, or issues arising from third-party services, including Firebase, Google, Apple, or any payment processors.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOWZIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or goodwill
  • Personal injury or emotional distress
  • Property damage
  • Any damages arising from your interactions with other users
  • Any damages arising from unauthorized access to your account
  • Any other losses or damages of any kind

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if HOWZIT has been advised of the possibility of such damages.

13.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOWZIT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

  • The amount you paid to HOWZIT in the twelve (12) months prior to the claim, or
  • One thousand South African Rand (ZAR 1,000)

13.3 Exceptions

Nothing in these Terms limits or excludes our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be limited or excluded by applicable law

13.4 Consumer Protection

If you are a consumer under the South African Consumer Protection Act or EU consumer protection laws, nothing in these Terms affects your statutory rights that cannot be waived or limited by contract.

14. Indemnification

You agree to indemnify, defend, and hold harmless HOWZIT, its directors, officers, employees, agents, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any applicable law or third-party rights
  • Your interactions with other users
  • Any dispute between you and another user

15. Dispute Resolution

15.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

15.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of the Republic of South Africa, and you consent to the personal jurisdiction of such courts.

15.3 EU Users

If you are a consumer residing in the European Union, you retain all rights under applicable EU consumer protection laws, including the right to bring proceedings in your country of residence.

15.4 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at support@howzit.club to attempt to resolve the dispute informally. Most disputes can be resolved quickly and amicably through direct communication.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines posted on the Service, constitute the entire agreement between you and HOWZIT regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us to be effective.

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms at any time without notice or consent.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, strikes, or failures of third-party services.

16.6 Headings

The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

17. Contact Information

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

HOWZIT (Pty) Ltd

For privacy-related inquiries, please see our Privacy Policy or contact legal@howzit.club.

18. Acknowledgment

By creating an account and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

These Terms and Conditions were last updated on December 21, 2025.