Universal Terms of Service (EULA)

1. Platform Operator & Tri-Jurisdictional Statutory Perimeter

Braai is a global sovereign community commerce super-app operated by Braai (Pty) Ltd (registered in the Republic of South Africa). By creating an account, authenticating via cryptographic credentials, or transacting within the Braai Network, you enter into a binding agreement with Braai (Pty) Ltd.

To provide absolute regulatory certainty and prevent mischaracterization, platform operations are structured across three statutory perimeters:

• International & Multi-Regional Law: Full compliance with global digital standards, including GDPR (Regulation EU 2016/679), UK GDPR, CCPA/CPRA, W3C Decentralized Identifiers (DIDs), and FATF Recommendation 15 (closed-loop non-monetary utility vouchers).
• User & Merchant Domicile Specific Law: Consumer protection rights, local commercial laws, and localized indirect statutory tax and invoicing requirements (VAT, GST, Sales Tax) according to the user’s statutory domicile.

• South African Operator Statutory Perimeter: Governing Braai (Pty) Ltd as corporate legal entity and platform operator:

  • FSCA Notice 1350/2022 (FAIS Act): Non-CASP utility voucher classification. Embers are closed-loop community utility ledger units, NOT crypto-assets, derivatives, or securities.
  • FIC Act 38/2001 (Schedule 1 Item 22): AML/CFT perimeter gating and enhanced due diligence with licensed banking partners.
  • SARB Exchange Control: Non-fiat internal double-entry accounting ledger (Account 1010).
  • VAT Act 89/1991 (Section 54(1)): Statutory agency facilitation for Community Sellers (Path A).
  • POPIA Act 4/2013 (Section 72): Standard Contractual Clauses (SCC) for cross-border data protection.
  • CPA 68/2008 (Sections 54–56): Statutory supplier warranty standards.
  • NCA 34/2005: Absolute zero-credit status; accounts can never maintain a negative balance or incur interest.

2. Article I — Constitutional Invariants

Your access to and participation within the Braai Network is governed by seven immutable constitutional invariants:

1. The Braai Network is the Network of Record for economic agreements, memberships, and community credentials.
2. Economic coordination is separate from financial settlement. Economic relationships are established inside Braai; financial settlement occurs only when crossing perimeter gateways to external regulated systems.
3. The Canonical Ledger is the authoritative record of economic relationships.
4. Boundary Gateways execute settlement but do not define economic truth.
5. Braai is settlement-neutral and infrastructure-neutral across all banking rails and payment networks.
6. Participants retain sovereignty over their identities and credentials via Decentralized Identifiers (DIDs) and non-custodial cryptographic keys.
7. The Constitution governs the network; software implements the Constitution.

3. Regulatory Separation Boundary

The Braai Network maintains a strict architectural boundary separating software coordination from regulated financial operations:

• Inside Braai (Non-Regulated Commercial Software Service): Identity verification, community management, agreements, commerce listings, marketplace matching, loyalty rewards, and economic coordination.
• Outside Braai (Regulated Partner Financial Infrastructure): Bank account maintenance, funds custody, payment processing, external payment card acquiring, and statutory AML/KYC compliance.

Approved Transaction Flow: Braai enables commercial transactions between participants and generates deterministic settlement directives executed directly by regulated payment partners. Braai never pools, holds, or transmits third-party fiat funds directly.

4. Structural Identity Classes & Minor Protection

Braai enforces structural identity classification into eight capability classes:

Child │ Teen │ Young Adult │ Adult │ Guardian │ Verified Professional │ Merchant │ Institution

• Child Identity: Restricted to verified family and school circles. Dating, financial credit, public social messaging, and adult promotions are structurally impossible.
• Teen Identity: Skill and youth community access with mandatory Guardian consent and disabled infinite scroll.
• Adult Identity: Full commercial, civic governance, and adult social capabilities.

5. Universal Digital Rights & Prohibited Harms

A. Participant Digital Rights

Every member possesses non-custodial identity ownership (DID), social key recovery rights, data portability, privacy via zero-knowledge proofs, and the right to human explainability for automated moderation decisions.

B. Zero-Tolerance Violations

Violation of these core duties results in immediate cryptographic identity revocation and law enforcement referral:

• Child Sexual Abuse Material (CSAM) or child grooming.
• Human trafficking, violence, or violent extremism.
• Financial scams, fraudulent schemes, or deceptive trade practices.
• Non-consensual intimate imagery (NCII) or targeted harassment.
• Illegal weapons or illicit substance trafficking.

6. Point of Sale (POS) & Marketplace Commercial Rules

• In-Person POS Acquiring: 2.50% flat at-cost pass-through acquiring on card taps; 0.0% transaction fees on closed-loop Sovereign Embers transfers.
• Dual Marketplace Rates: Path A Community Sellers (3.50% take rate / keep 96.50%) vs. Path B Registered Business Sellers (4.50%–5.00% take rate / keep 95.00%–95.50%).
• Anti-Rent-Seeking Protections: 60-day advance notice for fee modifications, 250 bps annual cap, and unconditional account exit without termination penalties.