ZUKKA End User License Agreement
Effective Date: October 1, 2024
This End User License Agreement (the “Agreement”) is a legally binding agreement between you (“End User” or “you”) and ZUKKA.APP (“Company”). It governs the use of the ZUKKA mobile application for Apple iOS and Google Android operating systems (including all related documentation, collectively referred to as the “Application”).
BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION: (A) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT (B) YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT (C) YOU ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE UNINSTALL THE APPLICATION AND DO NOT DOWNLOAD, INSTALL, OR USE IT.
1. License Grant
Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, non-transferable license to download, install, and use the Application for personal, non-commercial use on multiple mobile devices that you own or control (“Mobile Devices”), strictly in accordance with the Application’s documentation.
When you register for an account with our Services, we require only a username. We do not request your name, address, email, phone number, or any other personal information. You may optionally provide an email or phone number for credential recovery, which will be stored in an encrypted form and accessible only upon your request.
We may collect information about your actions, such as the pages you visit and your interactions with our Services while using them. This information may include logs of these interactions, your IP address, device or browser details, and referral information.
2. License Restrictions
The Licensee is prohibited from:
(a) copying the Application, except as expressly permitted by this license;
(b) modifying, translating, adapting, or creating any derivative works or improvements, whether patentable or not, from the Application;
(c) decompiling, disassembling, decoding, or attempting to access the source code of the Application or any part thereof;
(d) removing, deleting, altering, or obscuring any trademarks, copyright notices, patent markings, or other intellectual property or proprietary rights notices from the Application, including any copies of it;
(e) renting, leasing, lending, selling, sublicensing, assigning, distributing, publishing, transferring, or otherwise making the Application or any of its features or functionalities available to any third party for any reason, including by making the Application available on a network that is accessible by more than one device at a time; or
(f) removing, disabling, bypassing, or circumventing any copy protection, rights management, or security features in or protecting the Application.
3. Reservation of Rights
You understand and agree that the Application is licensed to you, not sold. You do not acquire any ownership rights in the Application under this Agreement, nor do you gain any rights to it beyond the right to use it as outlined in the license, subject to the terms, conditions, and restrictions of this Agreement. The Company, along with its licensors and service providers, reserves and retains all rights, titles, and interests in and to the Application, including all copyrights, trademarks, and other intellectual property rights associated with it, except for the rights expressly granted to you under this Agreement.
4. Unacceptable Content Policy
ZUKKA maintains a zero-tolerance policy toward objectionable content. Due to ZUKKA’s end-to-end encryption, we cannot view, monitor, or control content encrypted by the sender and decrypted by the recipient. Consequently, we rely on recipients to report any objectionable content they receive. Users can flag content they consider objectionable by reporting abuse to ZUKKA. The “Contact Us” option is available in the Settings Menu, and users can also report abuse directly from any chat screen by selecting “Report Content” in the Menu. This action will immediately block the sender from further communication with you and report the sender to ZUKKA, enabling us to identify patterns or histories of abuse that may lead to the sender’s permanent account termination.
Objectionable Content is defined as, but not limited to:
(a) sexually explicit material;
(b) obscene, defamatory, libelous, abusive, violent, illegal content, or profanity;
(c) content that infringes the rights of any third party, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights, or that is deceptive or fraudulent;
(d) content promoting the use or sale of illegal or controlled substances, tobacco products, ammunition, or firearms; and
(e) gambling-related content, including but not limited to any online casinos, betting, bingo, or poker.
5. Collection and Use of Your Information
You acknowledge that when you download, install, or use the Application, the Company may automatically collect information about your Mobile Device and your use of the Application through methods such as cookies and web beacons. For more details, please refer to our Privacy Policy. You may also be required to provide certain personal information to download, install, or use the Application or some of its features. The Application may also offer opportunities for you to share your information with others.
All information collected through or in connection with this Application is governed by our Privacy Policy and Terms of Service. By downloading, installing, using, and providing information through this Application, you consent to all actions taken concerning your information as outlined in the Privacy Policy.
6. Updates
The Company may, at its sole discretion, develop and provide updates for the Application from time to time. These updates may include upgrades, bug fixes, patches, and new features (collectively referred to as “Updates”), along with any related documentation. Updates may also modify or completely remove certain features and functionalities. You acknowledge that the Company is under no obligation to provide any Updates or maintain any specific features or functionalities.
Depending on your Mobile Device settings and internet connection:
(a) the Application may automatically download and install all available Updates, or
(b) you may receive notifications or prompts to download and install available Updates.
You agree to promptly download and install all Updates. You acknowledge and accept that the Application or portions of it may not function properly if you fail to do so.
Additionally, you agree that all Updates will be considered part of the Application and will be subject to all the terms and conditions of this Agreement.
7. Term and Termination
(a) This Agreement begins when you download or install the Application and will remain in effect until terminated by either you or the Company as described in this Section 7.
(b) You may terminate this Agreement by deleting the Application and all copies of it from your Mobile Device.
(c) The Company may terminate this Agreement at any time without notice if it decides to discontinue support for the Application, which it may do at its sole discretion. Additionally, this Agreement will immediately and automatically terminate without notice if you violate any of its Terms of Service.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate, and
(ii) you must cease all use of the Application and delete all copies of it from your Mobile Device and account.
(e) Termination will not limit any of the Company’s rights or remedies under law or equity.
8. Disclaimers of Warranties & Liabilities
The Application is provided to the user “as is,” with all defects and shortcomings, and without any warranty of any kind. To the maximum extent permitted by applicable law, the Company, on behalf of itself and its affiliated companies and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, regarding the Application. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from the course of dealing, performance, usage, or trade.
Without limiting the foregoing, the Company does not provide any warranty or guarantee, nor does it represent that the Application will meet your needs, achieve any specific results, be compatible 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 will be corrected.
Certain jurisdictions may not allow the exclusion or limitation of implied warranties or limitations on consumer legal rights, so some or all of the above exclusions and limitations may not apply to you.
While Using the Limited Mode Function: By enabling this feature and logging into the application with the corresponding credentials, contacts marked as Protected Confidential Persons (PCP) will be removed as contacts, and any content from chat history, files, etc., will be erased. The Company takes special care to ensure confidentiality for anyone needing to protect their contacts. The ZUKKA application, along with the company, its affiliated companies, subsidiaries, directors, or employees, is not responsible for the contacts or which contacts a user designates as PCP, nor for any erroneous choices made by the user.
While Using the Special ALERT Notification Function: By activating the ALERT feature, the user of the application sets the rules they wish to execute, such as sending ALERT messages to specific contacts and sharing GPS location with pre-selected contacts. ZUKKA uses GPS tracking technologies, which the customer has consented to upon registration, as outlined in the Terms of Service. The ZUKKA application, along with the company, its affiliated companies, subsidiaries, directors, or employees, is not responsible if the ALERT messages or ALERT messages with GPS location fail to be sent due to any external factor, such as weak satellite signal, inability to connect the user’s device, or any other external factor not related to the responsibility of ZUKKA.
9. Limitation of Liability
To the maximum extent permitted by law, neither the Company, nor its affiliated companies, licensors, nor service providers shall be liable for any damages arising from or related to your use or inability to use the Application.
This limitation of liability applies whether the damages arise from breach of contract, tort (including negligence), or other causes, and even if such damages were foreseeable or if the Company had been advised of the possibility thereof. Certain jurisdictions may not allow certain limitations on liability, so some or all of the above limitations may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company, including its officers, directors, employees, agents, affiliates, successors, and assigns, from any and all expenses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of any kind, including legal fees, arising from or related to your use or misuse of the Application or any breach of this Agreement. Furthermore, you acknowledge that the Company is not responsible for any content you submit or make available through this Application.
11. Export Regulations
The Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its related regulations. The direct or indirect export, re-export, or distribution of the Application to any jurisdiction or country where such actions are restricted by law, rule, or regulation is prohibited. You must comply with all applicable federal laws, regulations, and rules, and fulfill any necessary requirements (such as obtaining export licenses or other governmental approvals) before exporting, re-exporting, releasing, or otherwise distributing the Application outside of the U.S.
12. Severability
If any part of this Agreement is found to be illegal or unenforceable under applicable law, that portion will be revised to reflect as closely as possible the intended purpose of the original term, while the remaining provisions of this Agreement will remain in full force and effect.
13. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware, without regard to its choice of law or conflict of law principles. Any legal action or proceeding related to this Agreement or the Application must be exclusively brought in the federal courts of the United States or the courts of the State of Delaware located in Wilmington. You waive any objections to the jurisdiction of these courts and their venue in Wilmington.
14. Entire Agreement
This Agreement and our Privacy Policy represent the complete understanding between you and the Company regarding the Application, superseding all prior or contemporaneous agreements and understandings, whether written or oral, related to the Application.
15. Waiver
Any failure or delay by either party in exercising any right or power under this Agreement shall not be considered a waiver of that right or power. Additionally, the partial or incomplete exercise of a right or power shall not prevent further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase terms or other terms, the terms of this Agreement shall take precedence.