Terms Of Service | LevUp Funding Readiness

1. Introduction and Acceptance

Welcome to LevUp. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Change & Knowledge Experience (Pty) Ltd (registration number 2023/586242/07) (referred to as "C&KE", "we", "us", or "our"), the owner and operator of the LevUp platform. LevUp is a registered South African company — LevUp (Pty) Ltd (registration number 2026/179991/07) (referred to as "LevUp" or the "Platform"), including all related websites, applications, and services.

By accessing or using LevUp, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform. These Terms incorporate our Privacy Policy and Cookie Policy by reference.

2. Definitions

"LevUp" means LevUp (Pty) Ltd (registration number 2026/179991/07), and the Platform, its features, matching engine, content, and all associated services provided by C&KE.
"User" means any person who accesses or uses LevUp, whether registered or unregistered.
"Funding Instrument" means any grant, loan, equity investment, guarantee, tax incentive, rebate, voucher, mentorship programme, competition, or other financial or non-financial support programme listed in the LevUp database.
"Funder" means the institution, organisation, or entity offering a Funding Instrument.
"LevUp Score" means the readiness assessment generated by the Platform based on your diagnostic responses.
"Content" means all text, images, data, information, and materials on the Platform, whether provided by us or by Users.

3. Eligibility

You must be at least 18 years of age to use LevUp. By using the Platform, you represent and warrant that you are 18 or older and have the legal capacity to enter into these Terms. If you are using LevUp on behalf of a business or organisation, you represent that you are authorised to bind that entity to these Terms.

4. What LevUp Is

LevUp is a funding discovery and preparation platform designed for South African small, micro, and medium enterprises ("SMMEs"). The Platform is free for entrepreneurs to use. The Platform:

Provides a diagnostic assessment to understand your business profile and funding needs.
Matches your profile against a verified database of 322 South African funding instruments.
Generates a LevUp Score to help you gauge your funding readiness.
Offers application tracking tools, financial logging, and a community forum for peer support.
Provides educational content about funding instruments, compliance, and business preparation.

5. What LevUp Is NOT

To avoid any misunderstanding, you expressly acknowledge and agree that:

LevUp is not a financial services provider. We are not registered as a financial services provider under the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002) ("FAIS"), nor as a credit provider under the National Credit Act, 2005 (Act No. 34 of 2005) ("NCA").
Nothing on LevUp constitutes financial advice. The information provided on the Platform is for general informational and educational purposes only. It does not constitute financial advice, investment advice, legal advice, tax advice, or any other professional advice.
We do not guarantee funding. LevUp does not guarantee that you will qualify for, be approved for, or receive any Funding Instrument. Matching results indicate potential alignment with funder criteria — they are not offers, pre-approvals, or commitments.
We do not represent funders. LevUp is independent of all funders listed in our database. We do not act as an agent, broker, intermediary, or representative for any funder.
Revenue Model — Transparency. LevUp is free for entrepreneurs to use. We generate revenue by receiving referral or success fees from certain funders, incubators, accelerators, and partner organisations when a successful funding match or placement occurs. This does not affect which funders appear in your results — our matching algorithm ranks funders based on your business profile and eligibility criteria, not on commercial arrangements. We disclose this in accordance with the Consumer Protection Act, 2008, and our commitment to transparency.
We do not process applications. LevUp does not submit, process, or facilitate applications to funders. The application process, including document submission and all communication, is solely between you and the funder.

6. Regulatory Status and FAIS Disclaimer

6.1 Financial Advisory and Intermediary Services Act (FAIS)

LevUp's business model involves receiving referral or success fees from funders and partner organisations when entrepreneurs successfully access funding. In an April 2026 judgment (Raspberry Academy (Pty) Ltd v Oaksure Financial Services (Pty) Ltd), the Johannesburg High Court held that commission-style remuneration tied to successful financial product outcomes may constitute "intermediary services" as defined in the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002) ("FAIS"), requiring the referrer to be registered as a financial services provider ("FSP") or appointed as a representative of an FSP.

Important: We are assessing the applicability of this judgment to our specific business model and funding instruments. We are taking appropriate legal advice on our regulatory obligations. We will update users if our regulatory status changes.

6.2 What This Means for You

LevUp does not provide financial advice, recommend specific financial products, or make any representations about the suitability of any funding instrument for your circumstances.
All funding matches are generated algorithmically based on your self-reported business profile and publicly available funder criteria — they are not personalised recommendations.
You should independently verify all funder information and seek independent professional advice before entering into any funding agreement.
We do not negotiate, conclude, or facilitate any transaction between you and any funder.

6.3 National Credit Act (NCA)

To the extent that any Funding Instrument constitutes a credit agreement as defined in the National Credit Act, 2005 (Act No. 34 of 2005), LevUp is not a credit provider and does not engage in credit provision, credit intermediation, or credit broking. You must deal directly with the relevant registered credit provider.

7. User Accounts

7.1 Registration

To access certain features (saving quiz results, tracking applications, participating in the community), you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information promptly if it changes.

7.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at contact@cxke.co.za of any unauthorised use of your account.

7.3 Account Termination

You may delete your account at any time from your Dashboard. We reserve the right to suspend or terminate your account if you violate these Terms, engage in unlawful conduct, or misuse the Platform. Upon termination, your right to use LevUp ceases immediately, and your personal data will be handled in accordance with our Privacy Policy.

8. User Conduct and Community Guidelines

When using LevUp, including the community forum, you agree not to:

Post, share, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically objectionable.
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
Post spam, commercial solicitations, chain letters, or pyramid schemes.
Upload or transmit viruses, malware, or any other malicious code.
Attempt to gain unauthorised access to LevUp's systems, other users' accounts, or any part of the Platform.
Use the Platform for any illegal purpose or in violation of any applicable South African law.
Scrape, data mine, or systematically extract data from LevUp without our express written permission.
Post misleading information about funders or funding opportunities.

We reserve the right, but are not obligated, to monitor community content and remove any content that violates these Terms. We may also restrict or suspend community access for repeat violations.

9. Intellectual Property

9.1 Our Intellectual Property

All content, design, graphics, logos, trademarks, trade names, software code, algorithms, matching logic, and databases on LevUp are the exclusive intellectual property of Change & Knowledge Experience (Pty) Ltd, protected by South African copyright law (Copyright Act, 1978, Act No. 98 of 1978), trademark law (Trade Marks Act, 1993, Act No. 194 of 1993), and applicable international treaties. You may not copy, reproduce, modify, distribute, display, perform, create derivative works from, or otherwise exploit any part of LevUp without our prior written consent.

9.2 Your Content

By posting content in the LevUp community forum, you grant us a non-exclusive, royalty-free, worldwide licence to display, reproduce, and distribute that content within the Platform. You retain ownership of your content and are solely responsible for it. You represent that you have all necessary rights to the content you post and that it does not infringe any third-party rights.

10. Data Accuracy and Disclaimer of Warranties

10.1 Funder Database

We strive to maintain an accurate and current database of funding instruments. Our data was last comprehensively verified in June 2026. However, funder criteria, availability, application windows, and funding terms change frequently. You acknowledge that:

The database is provided for informational purposes only.
We do not guarantee the accuracy, completeness, or currency of any funder listing.
You must independently verify all information directly with the relevant funder before making any decisions or taking any action.
Funders may withdraw, modify, or suspend their programmes at any time without notice to us.

10.2 Platform Availability

We aim to keep LevUp available at all times but do not guarantee uninterrupted access. The Platform may be temporarily unavailable for maintenance, upgrades, or reasons beyond our control.

10.3 Disclaimer

TO THE FULLEST EXTENT PERMITTED BY SOUTH AFRICAN LAW, LEVUP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT ANY FUNDING INSTRUMENT LISTED IS CURRENTLY AVAILABLE OR SUITABLE FOR YOUR CIRCUMSTANCES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE CONSUMER PROTECTION ACT, 2008 (ACT NO. 68 OF 2008), CHANGE & KNOWLEDGE EXPERIENCE (PTY) LTD, ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

Any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use LevUp.
Any loss of profits, revenue, business opportunities, goodwill, or data.
Any loss or damage arising from reliance on any information provided on the Platform.
Any loss or damage arising from your dealings with any funder, including unsuccessful applications, adverse credit decisions, or funder misconduct.
Any loss or damage caused by viruses, malware, or other technologically harmful material that may infect your device through use of the Platform.

This limitation applies regardless of the theory of liability — whether in contract, delict (tort), strict liability, or otherwise — even if we have been advised of the possibility of such damages. Where applicable law does not allow the exclusion or limitation of certain warranties or liabilities, our liability shall be limited to the minimum extent permitted by such law.

12. Indemnity

You agree to indemnify, defend, and hold harmless Change & Knowledge Experience (Pty) Ltd, its directors, employees, agents, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

Your use of or reliance on the Platform.
Your violation of these Terms.
Your violation of any third-party rights, including intellectual property rights.
Any content you post, share, or transmit through LevUp.
Your violation of any applicable South African law or regulation.

13. Third-Party Links and Services

LevUp may contain links to third-party websites (including funder websites and external resources) or integrate with third-party services (including Google for authentication). We do not control, endorse, or assume responsibility for any third-party content, privacy policies, or practices. You access third-party links and services at your own risk, and we encourage you to review their terms and privacy policies.

14. Electronic Communications

By using LevUp, you consent to receive electronic communications from us as contemplated by the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002). These communications may include service announcements, security notices, and responses to your inquiries. We do not send marketing communications.

15. Complaints and Dispute Resolution

If you have a complaint or dispute regarding LevUp, please contact us at contact@cxke.co.za. We will endeavour to resolve your concern promptly and amicably.

If the dispute cannot be resolved informally within 30 days, either party may refer the matter to mediation or arbitration under the rules of the Arbitration Foundation of Southern Africa ("AFSA"). Nothing in this clause prevents you from approaching any applicable regulatory authority, including the Information Regulator, the National Consumer Commission, or a court of competent jurisdiction in the Republic of South Africa, as provided by law.

16. Governing Law and Jurisdiction

These Terms 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. You agree to submit to the exclusive jurisdiction of the courts of the Republic of South Africa for any dispute arising from or relating to these Terms or your use of LevUp.

17. Consumer Protection

Nothing in these Terms is intended to limit or exclude any rights you may have under the Consumer Protection Act, 2008 (Act No. 68 of 2008), or any other mandatory consumer protection legislation in South Africa. To the extent that any provision of these Terms conflicts with such legislation, the legislation shall prevail.

As LevUp is a free platform for users, no cooling-off period applies under Section 16 of the CPA for services rendered at no charge to you. However, you may stop using LevUp and delete your account at any time.

18. Changes to These Terms

We may modify these Terms from time to time. When we make material changes, we will notify you by posting a prominent notice on LevUp or by email. The "Last updated" date at the top of this page indicates when the Terms were last revised. Your continued use of LevUp after changes are posted constitutes acceptance of the updated Terms. If you do not agree with the changes, you must discontinue use of the Platform.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed and the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Change & Knowledge Experience (Pty) Ltd concerning your use of LevUp and supersede all prior agreements, understandings, and communications, whether written or oral.

21. Contact Us

For any questions, concerns, or legal notices regarding these Terms, please contact us:

Email: contact@cxke.co.za
WhatsApp: +27 62 104 3605
Entity: Change & Knowledge Experience (Pty) Ltd, Republic of South Africa

LevUp (Pty) Ltd is a subsidiary of Change & Knowledge Experience (Pty) Ltd.