END USER LICENSE AGREEMENT

Last updated May 19, 2023

Welcome to Koottali’s End User License Agreement. This is a contract between you and Emwave Technologies (as defined further below) and we want you to know yours and our rights before you use the Koottali website or application (“Koottali” or the “App” or “Licensed Application”). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!).

Koottali is licensed to You (End-User) by Emwave Technologies Private Limited, India (“Licensor”), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) , and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store is referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Emwave Technologies Private Limited, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions (“Usage Rules”). Emwave Technologies Private Limited acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Koottali when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Koottali is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) .

TABLE OF CONTENTS THE APPLICATION SCOPE OF LICENSE TECHNICAL REQUIREMENTS MAINTENANCE AND SUPPORT TYPES OF CONTENTS USE OF DATA PUSH NOTIFICATIONS; LOCATION-BASED FEATURES USER-GENERATED CONTRIBUTIONS CONTRIBUTION LICENSE LIABILITY WARRANTY PRODUCT CLAIMS LEGAL COMPLIANCE CONTACT INFORMATION TERMINATION THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY INTELLECTUAL PROPERTY RIGHTS APPLICABLE LAW MISCELLANEOUS DISCLAIMER

  1. THE APPLICATION Koottali is a piece of software created to Networking, Friendship and Social Media — and customized for iOS mobile devices (“Devices”). It is used to Networking, Friendship and Social Media.

Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must:

be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country; and be legally permitted to use the App by the laws of your home country. You can create an Account via manual registration by using your phone number. By using our App, you acknowledge that we may collect and use of your data and information in accordance with our Privacy Policy. For more information about what information we use and how we use it, please check out our Privacy Policy.

Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission.

You’ll have great fun on Koottali, but if you feel the need to leave, you can delete your Account at any time by going to the ‘Profile’ tab page, click on your name, and the edit profile button, when you are logged in, and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you.

You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.

  1. SCOPE OF LICENSE You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Emwave Technologies Private Limited’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Emwave Technologies Private Limited’s prior written consent). Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages. Licensor reserves the right to modify the terms and conditions of licensing. Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

  2. TECHNICAL REQUIREMENTS Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

  3. MAINTENANCE AND SUPPORT The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this Licensed Application. Emwave Technologies Private Limited and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
  4. TYPES OF CONTENTS There are three types of content that you will be able to access on the App:

content that you upload and provide (“Your Content”); content that members provide (“Member Content”); and content that the Emwave or Koottali Group provides (including, without limitation, database(s) and/or software) (“Our Content”). There is certain content we can’t allow on Koottali

We want our users to be able express themselves as much as possible and post all sorts of things on Koottali, but we have to impose restrictions on certain content which:

contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);

is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);

is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);

encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;

is defamatory or libelous; relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);

involves the transmission of “junk” mail or “spam”;

contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Koottali or otherwise;

itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

shows another person which was created or distributed without that person’s consent;

is harmful to minors; or

impersonates any other person, including falsely stating your name.

Koottali Group operates a zero-tolerance policy for this kind of content.

  1. USE OF DATA You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://emwavetech.com/koottali/privacy-policy/index.html .

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

  1. USER-GENERATED CONTRIBUTIONS The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.

When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation. Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

  1. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Koottali services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@koottali.app

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials.

  1. CONTRIBUTION LICENSE By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

  1. LIABILITY Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

  2. WARRANTY Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation. No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Emwave Technologies Private Limited’s sphere of influence that affect the executability of the Licensed Application. You are required to inspect the Licensed Application immediately after installing it and notify Emwave Technologies Private Limited about issues discovered without delay by email provided in Contact Information . The defect report will be taken into consideration and further investigated if it has been emailed within a period of 5 days after discovery. If we confirm that the Licensed Application is defective, Emwave Technologies Private Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty. If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
  3. PRODUCT CLAIMS Emwave Technologies Private Limited and the End-User acknow ledge that Emwave Technologies Private Limited, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

product liability claims; any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation , including in connection with Your Licensed Application’s use of the HealthKit and HomeKit . 11. LEGAL COMPLIANCE You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.

  1. CONTACT INFORMATION For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Tech Support

support@koottali.app

  1. TERMINATION The license is valid until terminated by Emwave Technologies Private Limited or by You. Your rights under this license will terminate automatically and without notice from Emwave Technologies Private Limited if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

  2. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY Emwave Technologies Private Limited represents and warrants that Emwave Technologies Private Limited will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

  1. INTELLECTUAL PROPERTY RIGHTS Emwave Technologies Private Limited and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Emwave Technologies Private Limited, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

  2. APPLICABLE LAW This License Agreement is governed by the laws of India excluding its conflicts of law rules.

  3. MISCELLANEOUS If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
  4. DISCLAIMER THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. EMWAVE TECHNOLOGIES IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. EMWAVE TECHNOLOGIES DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

  1. LIMITATION OF LIABILITY NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.