MOBILE APPLICATION END USER LICENSE AGREEMENT

This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Köniva, Inc. ("Company"). This Agreement governs your use of the Köniva mobile application, including all related documentation (the "Application"). The Application is licensed, not sold, to you.

By downloading, installing, or using the Application, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are 21 years of age or older; and (c) accept this Agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not download, install, or use the Application and delete it from your device. You may not use the Application if you are under 21.

1. License Grant. Subject to this Agreement, Company grants you a limited, non-exclusive, non-transferable license to:
   1. download, install, and use the Application for your personal, non-commercial use on a single mobile device you own or control ("Mobile Device"), strictly in accordance with the Application's documentation; and
   2. access, stream, download, and use on such Mobile Device the content and services (as defined in Section 5) made available in or through the Application, strictly in accordance with this Agreement and the Website terms referenced in Section 5.
2. License Restrictions. You shall not:
   1. copy the Application except as expressly permitted by this Agreement;
   2. modify, translate, adapt, or create derivative works or improvements of the Application;
   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other proprietary notices from the Application; or
   5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Application or its functionality available to any third party, including by making it available on a network where it can be accessed by more than one device at a time.
3. Reservation of Rights. The Application is licensed, not sold. You acquire no ownership interest in the Application or any other rights other than those expressly granted. Company reserves all rights in and to the Application.
4. Collection and Use of Your Information. When you download, install, or use the Application, Company may use automatic means (e.g., cookies, web beacons) to collect information about your Mobile Device and your use of the Application. You may be asked to provide information as a condition to using certain features. All information we collect is subject to our Privacy Policy. By using the Application, you consent to all actions taken with respect to your information in accordance with the Privacy Policy.
5. Content and Services. The Application may provide access to Company's website at https://www.koniva.com/ (the "Website") and to products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by the Website Terms of Service, which are incorporated herein by reference. Your access may require you to accept the Website Terms and/or register; failure to do so may restrict access to certain features. Any violation of the Website Terms is also a violation of this Agreement.
6. Geographic Restrictions. The Content and Services are based in Washington State and provided for access and use only by persons located in the United States. If you access from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
7. Updates. Company may, in its discretion, develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, "Updates"). Updates may modify or delete features or functionality. Based on your device settings, when connected to the internet either (a) the Application will automatically download and install Updates; or (b) you may receive notice of or be prompted to download and install Updates. You agree to promptly install all Updates; the Application or portions thereof may not function properly if you fail to do so. All Updates are part of the Application and subject to this Agreement.
8. Third-Party Materials. The Application may display, include, or make available third-party content or provide links to third-party sites or services, including through advertising ("Third-Party Materials"). Company is not responsible for Third-Party Materials and assumes no liability for them. Access and use are at your own risk and subject to third parties' terms.
9. Term and Termination.
   1. This Agreement begins when you download the Application and continues until terminated by you or Company as set forth here.
   2. You may terminate by deleting the Application and all copies from your Mobile Device.
   3. Company may terminate this Agreement at any time without notice; it will also terminate automatically if you breach this Agreement.
   4. Upon termination: (i) all rights granted to you terminate; and (ii) you must cease all use and delete the Application from your device and account. Termination does not limit any other rights or remedies at law or in equity.
10. Disclaimer of Warranties. The Application is provided "as is" and "with all faults," without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage. Company does not warrant that the Application will meet your requirements, achieve intended results, be compatible with other software or services, operate without interruption, meet performance or reliability standards, or be error-free, or that defects will be corrected. Some jurisdictions do not allow certain exclusions; where prohibited, this section applies to the maximum extent permitted.
11. Limitation of Liability. To the fullest extent permitted by law, in no event will Company or its affiliates, licensors, or service providers be liable for any:
    1. personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages; or
    2. direct damages in amounts that, in the aggregate, exceed the amount actually paid by you for the Application.

    These limits apply regardless of theory (contract, tort—including negligence—or otherwise), whether or not damages were foreseeable, and even if Company was advised of the possibility. Some jurisdictions do not allow certain limitations; where prohibited, this section applies to the maximum extent permitted.

12. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any losses, damages, liabilities, claims, and expenses (including reasonable attorneys' fees) arising from your use or misuse of the Application or your breach of this Agreement, including content you submit via the Application.
13. Export Regulation. The Application may be subject to U.S. export control laws, including the Export Control Reform Act and related regulations. You will comply with all applicable laws and obtain any required licenses before exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.
14. Severability. If any provision is illegal or unenforceable, the remainder will be amended to achieve as closely as possible the original intent, and the rest will continue in full force and effect.
15. Governing Law. This Agreement is governed by Washington State law, without regard to conflict-of-laws rules. Any suit, action, or proceeding arising out of or related to this Agreement or the Application will be brought exclusively in the federal or state courts located in Seattle, King County, Washington, and you waive objections to jurisdiction and venue.
16. Limitation of Time to File Claims. Any cause of action or claim arising out of or relating to this Agreement or the Application must be commenced within one (1) year after it accrues; otherwise, it is permanently barred.
17. Entire Agreement. This Agreement, together with the Website Terms of Service and our Privacy Policy, constitutes the entire agreement between you and Company regarding the Application and supersedes all prior or contemporaneous understandings concerning the Application.
18. Waiver. No failure or delay in exercising any right operates as a waiver. In the event of a conflict between this Agreement and any purchase or other terms, this Agreement controls.

Contact Information

Questions about this Agreement: team@koniva.com