LICENSED APPLICATION END USER LICENSE AGREEMENT

  1. 1. INTRODUCTION

    This End User License Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and IWG Esports Sdn Bhd ("the Company," "we," "our," or "us") regarding the use of KOHAI GAMER and KOHAI INFINITI (the "Application" or "App"). By downloading, installing, accessing, or using the Application, you agree to be bound by this Agreement. If you do not agree to these terms, you must not use the Application.

    2. LICENSE GRANT

    Subject to your acceptance of and compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on a compatible device that you own or control, for personal, non-commercial purposes only. This license does not grant you any ownership of the Application, and all rights, title, and interest remain with the Company.

    3. LICENSE RESTRICTIONS

    You agree that you will NOT:

    1. Transfer or Resell: Sell, rent, lease, distribute, sublicense, or transfer the Application to any third party.
    2. Reverse Engineer: Modify, reverse-engineer, decompile, disassemble, or attempt to discover the source code of the Application.
    3. Unauthorized Use: Use the Application for commercial purposes or for any unlawful or harmful activity.
    4. Bypass Security: Bypass, disable, or interfere with security features of the Application.
    5. Copy or Distribute: Copy, reproduce, distribute, or publicly display any part of the Application without prior written consent.
    6. Tamper with Intellectual Property: Remove, alter, or obscure any copyright, trademark, or proprietary notices from the Application.
    Violation of these restrictions may result in immediate termination of your license and legal action, which may include monetary damages, injunctive relief, or other appropriate remedies as determined by the Company.

    4. USER-GENERATED CONTENT

    The Application allows Users to post, submit, or share content ("User-Generated Content"), including text, images, audio, and video.
    User Responsibilities:

    1. Ownership of Content: You retain ownership of any content you post, but you grant the Company a worldwide, non-exclusive, royalty-free, irrevocable license to use, display, modify, and distribute your content within the Application.
    2. No Objectionable Content: You may not post any content that is unlawful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
    3. Compliance with Laws: You agree to comply with all applicable local, state, and international laws when using the Application.
    The Company reserves the right to moderate, remove, or disable access to any content that violates this Agreement or applicable laws.

    5. NO TOLERANCE FOR ABUSIVE USERS

    The Company has zero tolerance for abusive conduct, including but not limited to:

    1. Hate speech
    2. Harassment or bullying
    3. Pornographic content
    4. Threats of violence
    5. Discriminatory remarks based on race, gender, religion, or other protected attributes
    Users found engaging in abusive behavior may have their accounts suspended or terminated without prior notice.

    6. USER BLOCKING

    The Application includes features to block other users. If you block a user, that user will no longer be able to communicate with you or view your content. If you encounter an abusive user, you are encouraged to use the block feature and report the issue to our support team.

    7. REPORTING ABUSE

    If you encounter any abusive or objectionable content, you may report it via the in-app reporting tool or by contacting our support team at info@kohai.gg.

    8. MODIFICATIONS TO THE APPLICATION

    The Company may modify, suspend, or discontinue, temporarily or permanently, any part of the Application without prior notice. We are not liable for any modifications, interruptions, or suspension of the Application’s availability.

    9. UPDATES TO THE APPLICATION

    The Company may release updates, patches, or upgrades to improve performance, add features, or fix bugs. Users will be notified of these updates via in-app notifications, email alerts, or other appropriate communication channels. Updates may modify or remove certain features or functionalities. You agree that all updates are governed by this Agreement, and you consent to automatic updates where applicable.

    10. THIRD-PARTY SERVICES

    The Application may provide access to third-party services, websites, or applications. The Company is not responsible for the content, availability, or policies of third-party services. Users who engage with third-party platforms do so at their own risk.

    11. TERM AND TERMINATION

    This Agreement remains in effect until terminated by you or the Company. The Company may terminate this Agreement at any time, with or without cause. Where feasible, the Company will provide notice of termination to Users via email, in-app notification, or other appropriate communication channels. Reasons for termination may include:

    1. Violation of this Agreement
    2. Unlawful use of the Application
    3. Abuse, harassment, or violation of rights of other users
    Upon termination, you must immediately cease using the Application and delete all copies from your devices.

    12. INDEMNIFICATION

    You agree to indemnify and hold the Company, its affiliates, officers, employees, and agents harmless from any claims, liabilities, damages, costs, or expenses (including legal fees) arising from any claim or demand. The Company will notify you of any indemnification claims through email or in-app notifications, and you agree to cooperate fully in the defense of such claims. Failure to respond to such notices may result in default judgment or other legal remedies as determined by applicable law.

    1. Your use of the Application.
    2. Your breach of this Agreement or applicable law.
    3. Your User-Generated Content or actions that infringe the rights of others.

    13. INTELLECTUAL PROPERTY

    The Application and its content (software, design, text, graphics, logos, images) are the exclusive property of the Company and its licensors. Users may not use, modify, or distribute any part of the Application without the Company’s prior written consent.

    14. NO WARRANTIES

    The Application is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. Note that some jurisdictions do not allow the exclusion of implied warranties, so certain limitations in this section may not apply to you. The Company disclaims all warranties, including but not limited to:

    1. Merchantability
    2. Fitness for a particular purpose
    3. Non-infringement
    We do not guarantee that the Application will be error-free, uninterrupted, or secure. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

    15. LIMITATION OF LIABILITY

    To the extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Application. This includes but is not limited to loss of data, loss of profits, business interruption, or system failure. This includes but is not limited to:

    1. Loss of data or profits
    2. Personal injury or property damage
    3. Errors, bugs, or interruptions
    If any part of this limitation is found unenforceable, the remaining parts will continue to apply.

    16. SEVERABILITY AND WAIVER

    If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force. Failure to enforce any provision of this Agreement shall not be considered a waiver of that provision or any future enforcement.

    17. CHANGES TO THIS AGREEMENT

    We reserve the right to modify this Agreement at any time. Users will be notified of changes via email, in-app notifications, or on our website. Continued use of the Application after updates constitutes your acceptance of the revised Agreement.

    18. ACKNOWLEDGMENT

    By clicking "I Agree" or by downloading, installing, or using the Application, you acknowledge that you have read, understood, and agreed to the terms of this Agreement. This Agreement is legally binding between you and the Company.

    19. CONTACT US

    If you have questions or concerns about this Agreement, please contact us at:
    Email: info@kohai.gg
    Address: IWG Esports Sdn Bhd, Suite M-04, Mezzanine Floor, Menara Tan & Tan, No. 207, Jalan Tun Razak, 50400 Kuala Lumpur, Malaysia.

    Effective Date: 18 December 2024