End User License Agreement (EULA)

Effective Date: January 30, 2025
Last Updated: January 30, 2025
Version: 2.0

IMPORTANT LEGAL NOTICE

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING, OR USING THE WAKAO APPLICATION ("APP").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU EXPRESSLY ACKNOWLEDGE THAT:

  1. YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT" OR "EULA");
  2. YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION) AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT;
  3. YOU HAVE THE AUTHORITY TO BIND YOURSELF OR THE ENTITY ON WHOSE BEHALF YOU ARE USING THE APP TO THE TERMS OF THIS AGREEMENT;
  4. IF YOU DO NOT AGREE TO ANY PROVISION OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL USE OF THE APP AND DELETE IT FROM ALL YOUR DEVICES;
  5. CONTINUED USE OF THE APP CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY MODIFICATIONS THERETO.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE APP AND MUST IMMEDIATELY DELETE IT FROM ALL YOUR DEVICES.

PARTIES

This End User License Agreement ("Agreement" or "EULA") is entered into between:

1. DEFINITIONS

1.1 "App" means the Wakao mobile application, web application, and any related software, including but not limited to all versions, updates, upgrades, modifications, enhancements, and derivative works thereof, available on iOS, Android, web, and any other platform.

1.2 "Content" means all text, graphics, images, music, software, audio, video, information, data, files, materials, and other content available through the App, including User-Generated Content and Company Content.

1.3 "User-Generated Content" means any content posted, uploaded, shared, transmitted, or otherwise made available by you or other users through the App, including but not limited to profile information, photos, videos, messages, activity descriptions, location data, and communications.

1.4 "Company Content" means all content owned by or licensed to the Company, including but not limited to the App itself, trademarks, logos, designs, code, and proprietary information.

1.5 "Services" means all services provided through the App, including but not limited to activity discovery, social networking, messaging, location services, payment processing, and subscription services.

1.6 "Subscription" means any paid subscription service provided through the App, including Premium and VIP tiers.

1.7 "Device" means any smartphone, tablet, computer, or other electronic device on which you install or access the App.

1.8 "Account" means the user account you create to access and use the App.

1.9 "Intellectual Property" means all intellectual property rights, including but not limited to copyrights, trademarks, service marks, trade secrets, patents, designs, and proprietary information.

2. LICENSE GRANT AND RESTRICTIONS

2.1 Limited License Grant

Subject to your compliance with all terms and conditions of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

This license is granted only for the duration of this Agreement and may be terminated by the Company at any time, with or without cause, with or without notice.

2.2 License Restrictions

YOU MAY NOT AND YOU AGREE NOT TO:

2.3 Reservation of Rights

The Company reserves all rights not expressly granted to you in this Agreement. No license, right, or interest in any trademark, service mark, trade name, or other proprietary right of the Company is granted to you under this Agreement.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To use certain features of the App, you must create an Account by providing accurate, current, and complete information. You agree to:

3.2 Account Security

You are solely responsible for:

The Company is not liable for any loss or damage arising from your failure to maintain the security of your Account.

3.3 Account Termination by User

You may terminate your Account at any time by:

Upon termination, all your data, Content, and access to the App may be permanently deleted, and the Company is under no obligation to retain or provide you with any data.

4. SUBSCRIPTION SERVICES AND PAYMENTS

4.1 Subscription Tiers

The App offers the following subscription tiers:

Basic (Free):

Premium:

VIP:

4.2 Subscription Terms

By subscribing to any paid tier, you agree to:

4.3 Payment Processing

Payments are processed through third-party payment processors (e.g., Apple App Store, Google Play Store, Stripe, PayPal). You agree to comply with all terms and conditions of the applicable payment processor, provide accurate and complete payment information, authorize the Company and payment processors to charge your payment method, and accept that the Company is not responsible for payment processor fees, failures, or disputes.

4.4 Auto-Renewal

Unless cancelled, subscriptions automatically renew at the end of each billing period. You authorize the Company to charge your payment method for the renewal period. You may cancel your subscription at any time through:

Cancellation must occur at least 24 hours before the renewal date to prevent the next billing cycle.

4.5 Free Trials

If offered, free trials are subject to:

4.6 Refund Policy

ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE, except:

Refund requests must be submitted to support@wakaoapp.com within the applicable time period with detailed justification.

4.7 Price Changes

The Company reserves the right to modify subscription prices at any time. Price changes will:

Your continued use of the subscription after price changes constitutes acceptance of the new prices.

4.8 Subscription Cancellation and Termination

You may cancel your subscription at any time. Upon cancellation:

The Company reserves the right to suspend or terminate your subscription immediately, without notice or refund, if:

5. USER-GENERATED CONTENT

5.1 Ownership of User Content

You retain ownership of any intellectual property rights in User-Generated Content that you post, upload, or transmit through the App.

5.2 License Grant to Company

By posting, uploading, sharing, or transmitting User-Generated Content through the App, you grant the Company and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to:

This license survives termination of your Account and this Agreement.

5.3 Content Representations and Warranties

You represent and warrant that:

5.4 Prohibited Content

You agree not to post, upload, share, or transmit any User-Generated Content that:

5.5 Content Moderation

The Company reserves the right, but not the obligation, to:

The Company is not liable for any failure to monitor, edit, or remove User-Generated Content.

6. INTELLECTUAL PROPERTY

6.1 Company Ownership

The App, Services, and all Company Content are owned by the Company or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Trademarks

All trademarks, service marks, logos, and trade names displayed in the App are the property of the Company or their respective owners. You may not use any Company trademarks without prior written consent.

6.3 Proprietary Rights

You acknowledge that:

6.4 Feedback

If you provide feedback, suggestions, or ideas about the App, you grant the Company an unlimited, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without obligation to you.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your use of the App is also governed by the Company's Privacy Policy, which is incorporated into this Agreement by reference. By using the App, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

7.2 Data Collection

The App collects and processes personal information, including but not limited to:

7.3 Data Security

While the Company implements reasonable security measures, you acknowledge that:

7.4 Third-Party Services

The App may integrate with third-party services that collect and process your data. The Company is not responsible for the privacy practices of third-party services. You are encouraged to review their privacy policies.

7.5 International Data Transfers

Your data may be transferred to and processed in countries other than your country of residence. By using the App, you consent to such transfers.

8. PROHIBITED USES AND ACTIVITIES

You agree not to:

8.1 Illegal Activities:

8.2 Harmful Activities:

8.3 Unauthorized Access:

8.4 Commercial Activities:

8.5 Intellectual Property Violations:

9. ACTIVITIES AND MEETUPS

9.1 Activity Participation

The App facilitates the creation and discovery of social activities. By participating in activities:

9.2 Activity Hosting

If you create or host activities:

9.3 Location Services

The App uses location services to provide relevant activities and features. By using location services:

9.4 No Safety Guarantees

THE COMPANY PROVIDES NO SAFETY GUARANTEES. You acknowledge that:

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1 NO WARRANTIES

THE APP IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

10.2 LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DEVELOPERS, CONTRACTORS, LICENSORS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP BE LIABLE FOR:

10.3 MAXIMUM LIABILITY

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.

10.4 ESSENTIAL PURPOSE

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

10.5 JURISDICTIONAL LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, some exclusions and limitations may not apply to you.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, directors, officers, employees, agents, developers, contractors, licensors, suppliers, and any other party involved in creating, producing, or delivering the App from and against any and all claims, demands, actions, suits, proceedings, judgments, orders, decrees, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

Your indemnification obligations shall survive termination of this Agreement and your use of the App.

12. TERMINATION

12.1 Termination by Company

The Company may suspend, terminate, or restrict your access to the App at any time, with or without cause, with or without notice, including but not limited to:

12.2 Termination by User

You may terminate this Agreement by:

12.3 Effects of Termination

Upon termination:

12.4 Surviving Provisions

The following provisions shall survive termination:

13. DISPUTE RESOLUTION

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

13.2 Jurisdiction

You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Delaware, United States, for any disputes arising out of or relating to this Agreement or your use of the App.

13.3 Binding Arbitration

ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), INCLUDING:

13.4 Small Claims Court

Notwithstanding the above, either party may bring claims in small claims court if the claim is within the jurisdiction of such court.

13.5 Equitable Relief

Nothing in this Agreement shall prevent either party from seeking equitable relief (including injunctive relief) in a court of competent jurisdiction to prevent irreparable harm.

14. MISCELLANEOUS PROVISIONS

14.1 Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Company regarding your use of the App and supersedes all prior or contemporaneous agreements, representations, warranties, or understandings.

14.2 Modifications

The Company reserves the right to modify this Agreement at any time. Material changes will be communicated to you through:

Your continued use of the App after modifications constitutes acceptance of the modified Agreement.

14.3 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by applicable law.

14.4 Waiver

No failure or delay by the Company in exercising any right, power, or remedy under this Agreement shall constitute a waiver of such right, power, or remedy.

14.5 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights or obligations under this Agreement without restriction.

14.6 Force Majeure

The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, natural disasters, government actions, labor disputes, or technical failures.

14.7 Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed given when:

14.8 Headings

The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

14.9 Third-Party Beneficiaries

This Agreement is for the sole benefit of you and the Company and shall not be construed to confer any rights or remedies upon any third party.

14.10 Platform-Specific Terms

iOS Platform:

Android Platform:

15. CONTACT INFORMATION

If you have any questions, concerns, or disputes regarding this Agreement, please contact:

Wakao Technologies Inc.

Social Media Support:

IMPORTANT NOTICE: Contacting the Company does not constitute a waiver of any disclaimers, limitations, or provisions contained in this Agreement. All communications are subject to this Agreement in its entirety.

NO LEGAL ADVICE: The Company does not provide legal advice. If you have legal questions regarding this Agreement, please consult with a qualified attorney in your jurisdiction.

ACKNOWLEDGMENT

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE WAKAO APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL USE OF THE APP AND DELETE IT FROM ALL YOUR DEVICES.