# End User License Agreement

This End User License Agreement (”EULA”) is a binding legal agreement between TG Trivia (”Company”, “we” or “us”) and you, as an individual or entity. This EULA applies to the TG Trivia applications for iOS, Android or other platforms as applicable (including any content or other services incorporated therein, and any updates, upgrades, enhancements or modifications provided by the Company, in its sole discretion, that replace or supplement the original application, the “Application”).

#### **Acceptance of EULA**

You must read this EULA carefully before you start using the Application. By downloading, installing and / or using the Application, you accept and agree to be bound and abide by the EULA, our [Terms of Use](https://tg-trivia.gitbook.io/legal/terms-of-use) and [Privacy Policy](https://tg-trivia.gitbook.io/legal/privacy-policy), incorporated herein by reference, and to comply with all applicable laws, rules and regulations (collectively, “Applicable Law”).

If you do not agree to the EULA, our Terms of Use and the Privacy Policy, we do not grant you a license to download, install or use the Application and you must immediately discontinue use of the Application and remove the Application and any related content or data from your device.

Note that the Binding Arbitration clause of the [Terms of Use](https://tg-trivia.gitbook.io/legal/terms-of-use) contains provisions that required limited exceptions, all disputes arising between you and the Company under this EULA to be resolved in binding arbitration, and not in court, and that you and the company waive the right to bring or participate in a class action or class-wide arbitration in connection with such disputes. Please read the terms carefully. By accessing and / or using the application and accepting this EULA, you agree to be bound by Binding Arbitration.

#### **License**

Subject to the terms and conditions of this EULA, the Company hereby grants to you a non-exclusive, non-transferrable, revocable personal license to install the Application for your own use on a device that is supported by the Application and that you own or control until this license is terminated by you or the Company.

Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Title, ownership and all rights (including without limitation intellectual property rights) in and to the Application shall remain with the Company. Except for those rights expressly granted in this EULA, no other rights, whether express or implied, are granted to the Application.

#### **Restrictions**

You may not, and you may not authorise others to:

* Transfer, redistribute, assign, sell, lease or sublicense the Application, access thereto or any data obtained through use of the Application and, if you sell or otherwise transfer your device to a third party, you must remove the Application from the device before doing so.
* Distribute or make the Application available over a network where it could be used by multiple devices at the same time.
* Copy (except with respect to the backup of your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by Applicable Law).
* Use or export the Application in violation of Applicable Law, the terms of any third party applicable to your use of the Application or this EULA.

#### **Modification and Termination**

This EULA will remain in full force and effect while you use the Application. We may revise and update this EULA from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Application thereafter. Your continued use of the Application following any updates posted for the EULA means that you accept and agree to the changes.

The Company may terminate your access to all (or any portion of) the Application at any time, with or without prior notice or any explanation, for any or no reason and without liability.

**Violation of our** [**Terms of Use**](https://tg-trivia.gitbook.io/legal/terms-of-use) **may result in the termination and cancellation of your account and forfeiture of your winnings.**

This EULA will remain in full force and effect with respect to your past and future use of the Application even after your access to the Application is terminated.

Upon termination, you must immediately cease any and all use of the Application and remove the Application from your device and may not try to access, use or download the Application without Company’s prior written approval. Your account is non-transferable. Any rights to the Application terminate upon your death.

#### **Consent to Use of Information**

All information the Company collects on or through the Application is subject to the [Privacy Policy](https://tg-trivia.gitbook.io/legal/privacy-policy). By accessing and / or using the Application, you consent to all actions taken by us with respect to your information in compliance with the [Privacy Policy](https://tg-trivia.gitbook.io/legal/privacy-policy). The Company does not knowingly allow access to or collect information from anyone under the age of 18. If you are not the age of 18 or over, do not use the Application. Without limiting the foregoing, you agree that the Company may collect and use technical data and related information, including, without limitation, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application.

#### No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND / OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OR QUIET ENJOYMENT, AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR APPLE, ANDROID OR ANY OTHER PLATFORM THROUGH WHICH YOU OBTAIN THE APPLICATION HAS ANY OBLIGATION TO PROVIDE YOU WITH SUPPORT OR MAINTENANCE SERVICES WITH RESPECT TO THE APPLICATION. DATA DISPLAYED BY OR THROUGH THE APPLICATION, INCLUDING, WITHOUT LIMITATION, FINANCIAL, MEDICAL AND LOCATION INFORMATION, IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT GUARANTEED BY THE COMPANY OR ITS AGENTS.

THE APPLICATION MAY ENABLE ACCESS TO THE COMPANY’S AND / OR THIRD-PARTY SERVICES AND WEBSITES (COLLECTIVELY AND INDIVIDUALLY, “**EXTERNAL SERVICES**”). YOU AGREE TO USE THE EXTERNAL SERVICES AT YOUR SOLE RISK. THE COMPANY IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY OF ANY THIRD-PARTY EXTERNAL SERVICES AND SHALL NOT BE LIABLE FOR ANY SUCH THIRD-PARTY EXTERNAL SERVICES. YOU WILL NOT USE THE EXTERNAL SERVICES IN ANY MANNER THAT IS INCONSISTENT WITH THE TERMS OF THIS EULA OR THAT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF COMPANY OR ANY THIRD PARTY. YOU AGREE NOT TO USE THE EXTERNAL SERVICES TO HARASS, ABUSE, STALK, THREATEN OR DEFAME ANY PERSON OR ENTITY, AND THAT COMPANY IS NOT RESPONSIBLE FOR ANY SUCH USE. EXTERNAL SERVICES MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN YOUR LOCATION, AND MAY NOT BE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT YOU CHOOSE TO USE SUCH EXTERNAL SERVICES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS. THE COMPANY RESERVES THE RIGHT TO CHANGE, SUSPEND, REMOVE, DISABLE OR IMPOSE ACCESS RESTRICTIONS OR LIMITS ON ANY EXTERNAL SERVICES AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.

#### Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, RELATED PARTIES, ITS ADVERTISERS OR SPONSORS OR THE PLATFORM THROUGH WHICH YOU OBTAIN THE APPLICATION, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “**COMPANY PARTIES**”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION (INCLUDING, ANY CONTENT, DATA, SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION), INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL INJURY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

#### Indemnification

You agree to defend, indemnify and hold harmless the Company, the Company Parties, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this EULA or your use of the Application.

#### Governing Law

Use of the Application and any controversy, claim or dispute arising out of or relating in any way to your use of the Application, this EULA and/or services or products purchased through the Application shall be governed by the laws of Cayman Islands without respect to its choice (or conflict) of laws rules. Any claim or cause of action you may have with respect to the Company or the Application must be commenced within one (1) year after the claim or cause of action arose. Jurisdiction and venue for any dispute shall be in Cayman Islands . Each party submits to personal jurisdiction and venue in that forum for any and all purposes. BOTH YOU AND THE COMPANY WAIVE THE RIGHT TO BRING ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE APPLICATION OR PURCHASES THROUGH THE APPLICATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANY SUCH CLAIM BROUGHT BY ANYONE ELSE.

#### Third Party Beneficiaries

If you have obtained the Application on an Apple device, Apple or Apple’s subsidiaries are third party beneficiaries of this EULA and have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

Notwithstanding the foregoing, Apple is not responsible for addressing your end user or any third party claims relating to the Application. In the event of a failure of the Application to confirm to any applicable warranty, your sole remedy is to notify Apple and Apple will refund the purchase price for the Application (if any); and to the maximum extend permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the Application. Except for with respect to Company Parties (as applicable) and as otherwise expressly stated herein, this EULA is for the sole benefit of the parties hereto and not for the benefit of any third party.

#### **Intellectual Property Rights**

In the event of any intellectual property claim regarding the Application, you must use the process set forth in the Copyright Infringement section of the Terms of Use. Apple,

#### Complete Agreement

This EULA (including, without limitation, the incorporation of the [Terms of Use](https://tg-trivia.gitbook.io/legal/terms-of-use) and [Privacy Policy](https://tg-trivia.gitbook.io/legal/privacy-policy)) constitutes the entire understanding between the parties respecting the use of the Application. In the event of any conflict between the terms and conditions of this EULA and those in the Terms of Use or Privacy Policy, the terms and conditions of this EULA will control, except to the extent that the Terms of Use or Privacy Policy impose additional restrictions and / or liabilities on your actions.

#### Contact Information

All questions, feedback, comments, requests for technical support and other communications relating to the Application should be directed to:

<support@tgtrivia.org>
