LICENSED APPLICATION END USER LICENSE AGREEMENT
This End User License Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and the use of KOHAI GAMER and KOHAI INFINITI (the "App"). This End User License Agreement governs the use of our application in a legally binding way. By accessing or using the App, you must read this document carefully and agree to be bound by this Agreement.
LICENSE GRANT
Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, limited license to download, install, and use the App solely for your personal, non-commercial use on devices that you own or control.
LICENSE RESTRICTIONS
You agree not to, and You will not permit others to:
USER-GENERATED CONTENT
The App allows you to post, submit, share, and otherwise make available certain content, including but not limited to text, images, and videos ("User-Generated Content"). You are solely responsible for any content you post and agree to comply with the following rules:
NO TOLERANCE FOR ABUSIVE USERS
We have zero tolerance for abusive behaviour, including but not limited to:
USER BLOCKING
If you encounter a user who is abusive or posts objectionable content, the App includes a feature that allows you to block that user. Once blocked, the user will no longer be able to communicate with you or see your content within the App.
CONTENT MODERATION
We reserve the right to monitor and review User-Generated Content. We may remove or disable access to any content that violates this Agreement or is deemed inappropriate, without prior notice to you.
REPORTING ABUSE
If you encounter any abusive or objectionable content, you are encouraged to report it to us through the in-app reporting tool or by contacting our support team at support@kohai.gg.
MODIFICATIONS TO APPLICATIONS
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
UPDATES TO THE APPLICATION
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications. Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You. You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
MAINTENANCE AND SUPPORT
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
THIRD-PARTY SERVICES
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services. You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services. You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer. Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device. Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
INDEMNIFICATION
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
ACCOUNT TERMINATION
We reserve the right to suspend or terminate your account if you violate any of the terms of this Agreement, including posting or engaging in objectionable content or behaviour.
INTELLECTUAL PROPERTY
All content provided by us through the App, including but not limited to software, text, graphics, logos, and images, is our property or the property of our licensors and is protected by intellectual property laws. You may not use, copy, modify, or distribute any of our content without our express permission.
NO WARRANTIES
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or if You haven't purchased anything through the Application. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
SEVERABILITY AND WAIVER
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
CHANGES TO THE AGREEMENT
We reserve the right to modify this Agreement at any time. Any changes will be posted in the App, and it is your responsibility to review these changes. Your continued use of the App following the posting of changes constitutes your acceptance of those changes.
ACKNOWLEDGMENT
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application. This Agreement is a legal document between You and the Company, and it governs your use of the Application made available to You by the Company. This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the Application. Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
Date of issuance:
13th September 2024
This agreement shall be effective as of 13th September 2024