Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Westerlund Technologies ("K53GL", "we", "us", "our"). By creating an account, accessing or using the app in any way — including as a guest — you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must stop using the app immediately.

The app is intended solely for users who are 16 (sixteen) years of age or older, being the minimum age at which a learner's licence test may be written in South Africa. By using the app you warrant that you are at least 16 years old. If you are between 16 and 18, you confirm that your parent or legal guardian has reviewed and accepted these Terms on your behalf. We do not knowingly collect information from persons under 16 and will delete any such account and data upon becoming aware of it.

K53GL is an independent, unofficial study and practice tool. It is not affiliated with, endorsed by, sponsored by, licensed by or connected to the South African Department of Transport, the Road Traffic Management Corporation (RTMC), any Driving Licence Testing Centre (DLTC), any provincial or municipal authority, or any examining body. References to "K53" are descriptive only and remain the property of their respective owners.

Content in the app consists of practice questions, illustrations, explanations and gamified progress indicators. It is not the official K53 learner's or driving licence examination, not an official question bank, and not a substitute for the official K53 manual, professional driving instruction, or the current National Road Traffic Act 93 of 1996 and its regulations.

You acknowledge and agree that:

(a) no score, percentage, "pass probability", league, XP total, streak or achievement in the app predicts, promises or guarantees that you will pass any official learner's licence test, driving test, eye test or any other assessment;

(b) the "pass probability" and similar indicators are informal, gamified estimates derived from your in-app activity only, have no statistical or official validity, and must not be relied upon in making any decision;

(c) test content, road rules, road signs, fees, procedures and requirements change from time to time and may differ by province or testing centre, and the app may contain outdated, incomplete or incorrect content; and

(d) you remain solely responsible for your own preparation, for verifying all information against the official K53 manual and applicable legislation, and for your conduct on public roads.

Nothing in the app constitutes legal advice, driving instruction, road-safety advice, or professional advice of any kind. Always obtain instruction from a registered driving instructor and consult the official sources before driving or attending a test.

You may use the app as a guest, in which case progress is stored on your device only and may be lost. If you register an account you must provide accurate information, keep your password confidential and remain responsible for all activity under your account. You must notify us immediately of any unauthorised use. We may suspend or terminate any account at our discretion, including for breach of these Terms, fraud, abuse, or manipulation of XP, leagues, leaderboards, achievements or rewarded advertising.

You may not: copy, scrape, resell or redistribute app content; reverse engineer, decompile or tamper with the app; use bots, emulators, automated scripts or exploits to earn XP, rewards or leaderboard positions; upload unlawful, offensive, infringing or misleading content (including usernames and profile images); impersonate any person; harass other users; or use the app in breach of any law.

You retain ownership of the content you submit (such as your username and profile image). By submitting it you grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce and display that content within the app for the purpose of operating the service — including displaying your username, avatar, XP and ranking to other users on public leaderboards and profiles. You warrant that you own or are licensed to use the content you upload.

XP, streaks, leagues, badges, achievements, quests, boosts and unlocked question sets are virtual items with no monetary value. They cannot be exchanged for cash or transferred, and may be adjusted, reset, expired or removed at any time. We are not liable for any loss of virtual items.

The app displays advertising, including rewarded video advertising supplied by third parties via Google AdMob, alongside telemetry via Firebase Analytics[cite: 5]. Advertisements and any third-party websites, offers or services are not endorsed by us and we are not responsible for them. The app also relies on third-party infrastructure providers; their availability is outside our control.

Except for user content and third-party materials, all content, software, design, trademarks and databases in the app are owned by us or our licensors and are protected by copyright and other laws. You receive a limited, personal, non-transferable, revocable licence to use the app for your own non-commercial study purposes only.

The app is provided on an "as is" and "as available" basis. We may modify, suspend, restrict or discontinue any feature, question set or the entire app at any time, with or without notice, and without liability. We do not warrant uninterrupted or error-free operation or that data will not be lost.

To the maximum extent permitted by law, and subject to any rights you may have under the Consumer Protection Act 68 of 2008 that cannot lawfully be excluded, we disclaim all warranties, express or implied, including fitness for a particular purpose, accuracy, completeness, currency, non-infringement and merchantability.

To the maximum extent permitted by law, Westerlund Technologies, our owners, employees, contractors and suppliers will not be liable for any indirect, incidental, special, consequential, punitive or pure economic loss, or for any loss of data, profits, opportunity, time, money or goodwill, arising out of or connected to your use of the app. Without limiting the foregoing, we are not liable for: failing a learner's, driving or any other test; test fees, retest fees, travel costs or time lost; reliance on outdated or inaccurate content; any accident, injury, death, fine, prosecution, licence refusal, suspension or property damage; or the acts of third parties or advertisers.

Where liability cannot lawfully be excluded, our total aggregate liability to you for all claims is limited to the greater of (a) the amount you actually paid us for the app in the 12 months preceding the claim, or (b) ZAR 500.

You indemnify and hold Westerlund Technologies harmless against any claim, demand, loss, penalty or expense (including reasonable legal fees) arising from your use of the app, your user content, your breach of these Terms, or your breach of any law or third-party right.

You may stop using the app and delete your account at any time. We may terminate or suspend your access immediately for breach of these Terms. Clauses that by their nature should survive termination (including sections 4, 13, 14, 15 and 18) will survive.

We may update these Terms from time to time. The "Last updated" date will change and, for material changes, we will provide reasonable in-app notice. Continued use after the changes take effect constitutes acceptance.

These Terms are governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts. Nothing in these Terms limits your rights under the Consumer Protection Act 68 of 2008 or the Protection of Personal Information Act 4 of 2013 (POPIA) where those rights cannot lawfully be excluded.

If any provision is found unenforceable, the remainder continues in force. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Westerlund Technologies regarding the app.

Questions about these Terms may be sent to Westerlund Technologies through the contact details made available in the app or on our published support channel.