LICENSED APPLICATION END USER LICENSE AGREEMENT

Effective Date: [INSERT DATE]
Application: Kracked
Application Provider: Aakash Gnanakumar and Arjun Ponnala

This Licensed Application End User License Agreement ("Agreement") is a binding legal agreement between you ("End User" or "you") and the Application Provider. Your download, installation, access, or use of Kracked ("Licensed Application" or "Kracked") indicates your acceptance of this Agreement. If you do not agree to this Agreement, do not download, install, access, or use Kracked.

1. Scope of License

Grant of License:

The Application Provider grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to install and use Kracked for personal, non-commercial entertainment purposes on any device you own or control, subject to the terms of this Agreement, Apple's Standard Licensed Application End User License Agreement (if downloaded from the Apple App Store), Google Play Terms of Service (if downloaded from Google Play), and the Kracked Terms of Service and Privacy Policy.

Restrictions:

You may NOT:

  • Modify, adapt, alter, translate, decompile, disassemble, reverse engineer, or create derivative works based on Kracked or any part thereof;
  • Share, sublicense, rent, lease, loan, sell, distribute, or otherwise transfer Kracked or any portion thereof to any third party;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices in Kracked;
  • Bypass, disable, or circumvent any security features, functionality, or restrictions imposed by the Application Provider, Apple, Google, or any third-party service;
  • Use Kracked for any unlawful, harmful, fraudulent, or illegal activity;
  • Use automated systems (bots, scripts, scrapers, etc.) to access Kracked, except as expressly permitted;
  • Attempt to gain unauthorized access to Kracked, other users' accounts, or our systems;
  • Use Kracked to transmit viruses, malware, or other harmful code;
  • Interfere with or disrupt the integrity or performance of Kracked or any third-party services;
  • Use Kracked in any way that violates applicable laws or regulations;
  • Use Kracked to infringe upon the intellectual property rights of others;
  • Create multiple accounts to manipulate game statistics, rankings, or social features;
  • Use Kracked for any commercial purpose without our express written consent.

Reservation of Rights:

All rights not expressly granted to you in this Agreement are reserved by the Application Provider and its licensors. This license does not grant you any rights to use the Application Provider's trademarks, service marks, logos, or other brand features.

Termination of License:

This license terminates immediately upon:

  • Your violation of any provision of this Agreement;
  • Termination of this Agreement by you or the Application Provider;
  • Deletion of your account;
  • Discontinuation of Kracked or any part thereof.

Upon termination, you must immediately cease all use of Kracked and delete the application from all your devices.

2. Consent to Data Practices

Acknowledgment:

You acknowledge and agree that your use of Kracked involves the collection, processing, storage, and use of certain personal data and information, as detailed in the Kracked Privacy Policy. By using Kracked, you expressly consent to these data practices.

Key Data Practices:

  • Authentication Data: Your email address is collected through Google Sign-In and stored in Google Firebase for account authentication, identification, and account recovery purposes;
  • User Identification: A unique User ID (Firebase UID) is generated and associated with your account to enable service functionality;
  • Profile Information: Your username, profile picture (if provided), and other profile data are stored and displayed publicly in connection with your content and activities;
  • Game Activity Data: Your game history, including games completed, skipped, and attempted, along with performance statistics (completion times, streaks, etc.), is collected and stored to provide personalized recommendations and track your progress;
  • User-Generated Content: Games, puzzles, comments, and other content you create are stored, displayed publicly, and may be used by other users;
  • Social Interaction Data: Following/follower relationships, likes, blocks, and other social interactions are collected and stored to enable social features;
  • Communication Data: Direct messages, notifications, and other communications are stored and processed to enable user communication;
  • Push Notification Data: If you opt in, a Firebase Cloud Messaging (FCM) token is stored to deliver push notifications to your device;
  • Analytics Data: Aggregate, anonymized usage data is collected to improve the service;
  • Third-Party Processing: Data is processed and stored by Google Firebase and other third-party service providers, as detailed in the Privacy Policy.

Third-Party Services:

You acknowledge that Kracked relies on third-party services (including Google Firebase, Google Sign-In, and Apple/Google app stores) for data storage, processing, and authentication. The Application Provider is not responsible for, and disclaims all liability for, the data practices, security, or privacy policies of these third-party services.

No Warranty Regarding Data:

The Application Provider makes no warranties or representations regarding:

  • The security of your data;
  • The accuracy, completeness, or reliability of data storage or processing;
  • The ability to prevent unauthorized access, data breaches, or data loss;
  • Compliance with any specific privacy laws or regulations beyond what is required by applicable U.S. law.

Your Responsibility:

You are solely responsible for:

  • Maintaining the security of your account credentials;
  • All activity that occurs under your account;
  • Immediately notifying us of any unauthorized access to your account;
  • Understanding and accepting the risks associated with data transmission and storage.

3. Ownership and Intellectual Property

Application Ownership:

All software, code, interfaces, graphics, designs, text, images, audio, video, logos, trademarks, and other content appearing in Kracked (except User Content, as defined below) are owned by the Application Provider or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. Except for the limited license granted in Section 1, no rights are granted to you by implication, estoppel, or otherwise.

Trademarks:

"Kracked" and related logos, names, and marks are trademarks of the Application Provider. You may not use our trademarks without our prior written consent.

User Content:

"User Content" means any games, puzzles, questions, answers, comments, messages, usernames, profile information, or other material you submit, post, create, or display on or through Kracked.

Your Ownership of User Content:

You retain any ownership rights you hold in User Content. However, by submitting User Content to Kracked, you represent and warrant that:

  • You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content;
  • Your User Content does not and will not infringe, misappropriate, or violate any third party's rights, including intellectual property, privacy, publicity, or other rights;
  • Your User Content complies with this Agreement, the Terms of Service, and all applicable laws.

License to Application Provider:

By submitting User Content, you grant the Application Provider a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to:

  • Host, store, cache, reproduce, modify, adapt, translate, create derivative works of, publicly display, publicly perform, distribute, and otherwise use your User Content;
  • Use your User Content for operating, improving, promoting, and marketing Kracked;
  • Enforce this Agreement and the Terms of Service;
  • Create aggregate, anonymized, or statistical insights;
  • Comply with legal obligations or respond to legal process;
  • Protect the rights, property, or safety of Kracked, our users, or others.

This license survives termination of your account and this Agreement.

User-Generated Games:

Games and puzzles you create become part of Kracked's content library. The Application Provider reserves the right to:

  • Review, moderate, approve, or reject any user-generated game;
  • Edit, modify, or remove user-generated games for any reason;
  • Feature, promote, or distribute user-generated games without additional compensation;
  • Use user-generated games for marketing, promotional, or educational purposes.

No Compensation:

You acknowledge that you will not receive any compensation, payment, or royalties for your User Content, regardless of how the Application Provider uses it.

Content Removal:

The Application Provider may remove, edit, reclassify, or refuse to display any User Content at any time, for any reason or no reason, including but not limited to violations of this Agreement, the Terms of Service, or applicable law. The Application Provider has no obligation to store, maintain, or provide you with a copy of any User Content you submit.

4. User Conduct and Prohibited Activities

Prohibited Conduct:

You agree NOT to:

  • Violate any applicable local, state, national, or international law or regulation;
  • Post, create, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of privacy, or otherwise objectionable;
  • Engage in stalking, harassment, intimidation, or bullying of other users;
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
  • Exploit, harm, or attempt to exploit or harm minors in any way;
  • Post content that encourages self-harm, suicide, or violence;
  • Post content that promotes hatred, violence, or discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, or any other protected characteristic;
  • Spam, flood, or manipulate the Service, including creating multiple accounts, using bots, scripts, or automated systems;
  • Attempt to manipulate game statistics, leaderboards, or rankings;
  • Interfere with or disrupt the integrity or performance of Kracked;
  • Collect or harvest information about other users without their consent;
  • Infringe, misappropriate, or violate any intellectual property rights;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices.

Consequences:

Violation of this section may result in immediate termination of your license, deletion of your account, removal of your content, and, where appropriate, referral to law enforcement. The Application Provider reserves the right to take any action it deems necessary to protect Kracked and its users.

5. Third-Party Services and Content

Third-Party Services:

Kracked may integrate with or rely on third-party services, including but not limited to:

  • Google Firebase (for data storage, authentication, and messaging);
  • Google Sign-In (for authentication);
  • Apple App Store and Google Play Store (for distribution);
  • Other third-party services as may be added from time to time.

No Responsibility for Third Parties:

The Application Provider is not responsible for:

  • The availability, functionality, or security of third-party services;
  • The content, accuracy, or opinions expressed on third-party websites or services;
  • Third-party terms of service or privacy practices;
  • Any transactions or interactions between you and third parties;
  • Any data breaches, security incidents, or data loss occurring on third-party systems;
  • Any unauthorized access to your data through third-party services.

Your Interactions:

Your dealings with third parties are solely between you and the third party. The Application Provider is not liable for any loss or damage arising from your use of third-party services.

Third-Party Content:

Kracked may display or link to third-party content. The Application Provider does not endorse, control, or assume responsibility for any third-party content. You access and use third-party content at your own risk.

6. Disclaimer of Warranty

AS IS BASIS:

KRACKED IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE;
  • WARRANTIES THAT KRACKED WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
  • WARRANTIES THAT CONTENT WILL BE PRESERVED, REMAIN ACCESSIBLE, OR BE ACCURATE;
  • WARRANTIES REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF USER-GENERATED CONTENT;
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT KRACKED WILL MEET YOUR REQUIREMENTS;
  • WARRANTIES REGARDING THE SECURITY OF YOUR DATA OR THE ABILITY TO PREVENT UNAUTHORIZED ACCESS;
  • WARRANTIES REGARDING THE PERFORMANCE OR AVAILABILITY OF THIRD-PARTY SERVICES.

NO GUARANTEES:

The Application Provider does not guarantee:

  • The accuracy, completeness, or usefulness of any content on Kracked;
  • That games, puzzles, or solutions are error-free or correct;
  • That user-generated content has been reviewed, verified, or approved;
  • That Kracked will be available at any particular time or location;
  • That your use of Kracked will be uninterrupted or secure;
  • That your data will be secure or protected from unauthorized access;
  • That third-party services will be available or function properly.

YOUR USE:

YOU USE KRACKED AT YOUR SOLE RISK. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER SHALL NOT BE LIABLE FOR:

Indirect Damages:

Any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

  • Loss of profits, revenue, data, goodwill, or other intangible losses;
  • Loss or corruption of data;
  • Business interruption or loss of business opportunities;
  • Personal injury or property damage;
  • Emotional distress or mental anguish;
  • Loss of game progress, statistics, or achievements;
  • Loss of user-generated content.

Direct Damages:

Our total liability to you for all claims arising out of or relating to your use of Kracked, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the greater of:

  • The amount you paid us in the 12 months preceding the claim; or
  • Ten U.S. Dollars ($10.00).

User Interactions:

The Application Provider is not responsible or liable for:

  • The conduct, content, or actions of other users, including harassment, bullying, doxxing, or other harmful behavior;
  • User-generated games, puzzles, or content that may be incorrect, offensive, or harmful;
  • Any interactions, disputes, or transactions between you and other users;
  • Any loss or damage resulting from your reliance on user-generated content.

Service Interruptions:

The Application Provider is not liable for:

  • Interruptions, delays, or errors in Kracked;
  • Loss of data or content due to technical failures;
  • Unauthorized access to or alteration of your transmissions or data;
  • Viruses, malware, or other harmful code transmitted through Kracked;
  • Inability to access Kracked or your account;
  • Loss of game progress, statistics, or achievements due to technical issues.

Third-Party Services:

The Application Provider is not liable for:

  • Any failures, errors, or security incidents involving third-party services (including Firebase, Google Sign-In, or app stores);
  • Any data breaches or unauthorized access occurring on third-party systems;
  • Any loss or damage resulting from your use of third-party services.

Force Majeure:

The Application Provider is not liable for any failure to perform its obligations due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet failures, or third-party service outages.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Application Provider, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your:

  • Use of or inability to use Kracked;
  • Violation of this Agreement;
  • Violation of any law or regulation;
  • Infringement of any intellectual property or other rights of any third party;
  • User Content;
  • Interaction with other users;
  • Any other activity in connection with Kracked.

This indemnification obligation will survive termination of this Agreement and your use of Kracked.

9. Termination

By Application Provider:

The Application Provider may suspend or terminate your license to use Kracked at any time, with or without notice, for any reason or no reason, including but not limited to:

  • Violation of this Agreement or the Terms of Service;
  • Fraudulent, abusive, or illegal activity;
  • Extended periods of inactivity;
  • To protect Kracked, other users, or the Application Provider's rights;
  • At the request of law enforcement or government agencies;
  • Discontinuation of Kracked or any part thereof.

By You:

You may terminate this Agreement at any time by:

  • Deleting your account through the in-app settings;
  • Deleting Kracked from all your devices;
  • Ceasing all use of Kracked.

Effect of Termination:

Upon termination:

  • Your right to use Kracked immediately ceases;
  • The Application Provider may delete your account, User Content, and associated data;
  • You must immediately cease all use of Kracked and delete the application from all your devices;
  • Sections 2, 3, 6, 7, 8, 10, and 11 shall survive termination.

Survival:

Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in California, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

11. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ARBITRATE DISPUTES.

Informal Resolution:

Before initiating any formal dispute resolution process, you agree to first contact the Application Provider at [INSERT EMAIL ADDRESS] to attempt to resolve any dispute informally. The Application Provider will attempt to resolve the dispute in good faith within 60 days of your notice.

Agreement to Arbitrate:

If the parties cannot resolve a dispute informally, you and the Application Provider agree to resolve any claim, dispute, or controversy arising out of or relating to this Agreement, Kracked, or your use of Kracked (collectively, "Disputes") by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Agreement.

Arbitration Procedures:

  • The arbitration will be conducted by a single arbitrator;
  • The arbitration will be conducted in English;
  • The arbitration will be conducted in the county where you reside or in California, at your option;
  • The arbitrator's decision will be final and binding;
  • Judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver:

YOU AND THE APPLICATION PROVIDER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court determines that this class action waiver is unenforceable, the arbitration agreement will be void, but the remainder of this Agreement will remain in effect.

Exceptions to Arbitration:

The following claims are not subject to arbitration:

  • Claims for injunctive or equitable relief for intellectual property infringement or misuse;
  • Claims that may be brought in small claims court;
  • Claims that cannot be arbitrated as a matter of law.

Opt-Out Right:

You have the right to opt out of this arbitration agreement within 30 days of first accepting this Agreement by sending written notice to [INSERT EMAIL ADDRESS] stating your name, account information, and clear intent to opt out of arbitration. If you opt out, disputes will be resolved in court as set forth in Section 10.

Waiver of Jury Trial:

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE APPLICATION PROVIDER EACH WAIVE ANY RIGHT TO A JURY TRIAL.

12. Changes to This Agreement

The Application Provider reserves the right to modify this Agreement at any time for operational, legal, or regulatory reasons. If the Application Provider makes material changes, it will:

  • Post the revised Agreement in-app and on its website;
  • Update the "Effective Date" at the top of this Agreement;
  • Display a prominent notice the next time you open or foreground Kracked on the day the changes take effect;
  • In some cases, notify you by email or other means.

Continued Use:

Your continued use of Kracked after the effective date of the revised Agreement constitutes your acceptance of the revised Agreement. If you do not agree to the revised Agreement, you must stop using Kracked and delete your account.

Material Changes:

Material changes include, but are not limited to:

  • Changes to dispute resolution procedures;
  • Changes to your rights or the Application Provider's obligations;
  • Changes to data practices or privacy policies;
  • Changes to license restrictions.

13. Miscellaneous

Severability:

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Assignment:

You may not assign or transfer this Agreement or your rights or obligations hereunder without the Application Provider's prior written consent. The Application Provider may assign or transfer this Agreement, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

Waiver:

The Application Provider's failure to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision. No waiver will be effective unless made in writing and signed by an authorized representative.

Entire Agreement:

This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and the Application Provider regarding your use of Kracked and supersedes all prior agreements, understandings, or communications.

Relationship:

This Agreement does not create any agency, partnership, joint venture, or employment relationship between you and the Application Provider.

Notices:

The Application Provider may provide notices to you by:

  • In-app notification;
  • Email to the address associated with your account;
  • Posting on its website;
  • Any other method it deems appropriate.

Export Control:

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country.

Apple-Specific Terms:

If you downloaded Kracked from the Apple App Store:

  • This Agreement is between you and the Application Provider, not Apple;
  • Apple is not responsible for Kracked or its content;
  • Your use of Kracked must comply with Apple's App Store Terms of Service;
  • Apple has no obligation to provide support or maintenance for Kracked;
  • Apple is not responsible for addressing any claims relating to Kracked;
  • Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claims that Kracked infringes third-party intellectual property rights.

Google Play-Specific Terms:

If you downloaded Kracked from Google Play:

  • This Agreement is between you and the Application Provider, not Google;
  • Google is not responsible for Kracked or its content;
  • Your use of Kracked must comply with Google Play Terms of Service;
  • Google has no obligation to provide support or maintenance for Kracked.

14. Contact Information

If you have questions or concerns about this EULA or Kracked, please contact:

Application Provider: Aakash Gnanakumar and Arjun Ponnala
Application: Kracked
Email: [INSERT EMAIL ADDRESS]
Website: [INSERT WEBSITE URL, IF APPLICABLE]

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING KRACKED, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE KRACKED.