Terms of Service for Kracked

1. Acceptance of These Terms

By downloading, installing, accessing, or using the Kracked mobile application or website (collectively, "Kracked" or the "Service"), you enter into a binding contract with its U.S. operators, Aakash Gnanakumar and Arjun Ponnala ("the Operators," "we," "our," or "us"). If you do not agree to these Terms, do not use Kracked.

These Terms, together with our Privacy Policy and any Community Guidelines, constitute the entire agreement between you and us regarding your use of Kracked.

2. Eligibility

You must be 13 years of age or older to use Kracked. If you are between 13 and 17 years of age (or the age of majority in your jurisdiction), you represent that you have obtained parental or guardian consent to use Kracked and that your parent or guardian has reviewed and agreed to these Terms on your behalf.

By using Kracked, you represent and warrant that you:

• (a) can form a legally binding contract;
• (b) have not been previously suspended or removed from Kracked;
• (c) will comply with these Terms and all applicable local, state, national, and international laws and regulations;
• (d) 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;
• (e) are not listed on any U.S. government list of prohibited or restricted parties.

3. User Accounts

Registration.

To access certain features of Kracked, you must create an account using a valid Google account or other authentication method we provide. You may be required to select a username, which must be unique and comply with our Community Guidelines.

Account Security.

You are solely responsible for:

• (a) maintaining the confidentiality of your account credentials;
• (b) all activities that occur under your account, whether authorized or not;
• (c) keeping your account information accurate, current, and complete;
• (d) immediately notifying us of any unauthorized use of your account or any other breach of security.

Account Suspension and Termination.

We reserve the right, in our sole discretion, to suspend, deactivate, or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our Community Guidelines;
• Fraudulent, abusive, or illegal activity;
• Extended periods of inactivity;
• To protect the Service, other users, or our rights;
• At the request of law enforcement or government agencies.

Account Deletion.

You may delete your account at any time through the in-app settings. Upon account deletion, we will remove your personal data in accordance with our Privacy Policy, subject to our right to retain certain information as required by law or for legitimate business purposes. Deletion of your account will result in the permanent removal of your user-generated games, comments, and other content, as detailed in our Privacy Policy.

4. Limited License to You

We grant you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to install and use Kracked solely for lawful, personal, non-commercial entertainment purposes, subject to these Terms. You may not:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of any part of Kracked;
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of Kracked;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• Use Kracked for any commercial purpose without our express written consent;
• Use automated systems (bots, scrapers, etc.) to access Kracked, except as expressly permitted.

This license terminates immediately upon termination of your account or violation of these Terms.

5. Your Content & Our License

User Content Defined.

"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.

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

• (a) you own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content;
• (b) 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;
• (c) your User Content complies with these Terms and all applicable laws;
• (d) you have obtained all necessary consents from any individuals featured in your User Content.

License to Kracked.

By submitting User Content, you grant us 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 these Terms and our Community Guidelines;
• 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 these Terms.

User-Generated Games.

Games and puzzles you create become part of Kracked's content library. We reserve 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.

Content Removal.

We 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 these Terms, our Community Guidelines, or applicable law. We have no obligation to store, maintain, or provide you with a copy of any User Content you submit.

No Compensation.

You acknowledge that you will not receive any compensation, payment, or royalties for your User Content, regardless of how we use it.

6. Prohibited Conduct

You agree NOT to:

Illegal Activities:

• 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.

Harmful Content:

• Exploit, harm, or attempt to exploit or harm minors in any way;
• Post content that encourages self-harm, suicide, or violence;
• Post content that contains graphic violence, gore, or disturbing imagery;
• Post content that promotes dangerous activities or illegal substances.

Hate Speech and Discrimination:

• 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;
• Use slurs, epithets, or other language intended to demean or degrade others.

Spam and Manipulation:

• 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.

Security and Access:

• Attempt to gain unauthorized access to Kracked, other users' accounts, or our systems;
• Use Kracked to transmit viruses, malware, or other harmful code;
• Reverse engineer, decompile, or disassemble any part of Kracked;
• Scrape, crawl, or use automated means to access Kracked without our express written permission.

Intellectual Property:

• Infringe, misappropriate, or violate any intellectual property rights, including copyrights, trademarks, patents, or trade secrets;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• Use Kracked to infringe upon the intellectual property rights of others.

Violation Consequences:

Violation of these Terms may result in immediate termination of your account, removal of your content, and, where appropriate, referral to law enforcement. We reserve the right to take any action we deem necessary to protect Kracked and our users.

7. Intellectual Property

Our Rights.

All software, code, interfaces, graphics, designs, text, images, audio, video, logos, trademarks, and other content appearing in Kracked (except User Content) are owned by the Operators or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. Except for the limited license granted in Section 4, no rights are granted to you by implication, estoppel, or otherwise.

Trademarks.

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

DMCA Policy.

We respect intellectual property rights. If you believe your copyright has been infringed, please contact us at [INSERT EMAIL] with:

• A description of the copyrighted work;
• The location of the infringing material;
• Your contact information;
• A statement of good faith belief;
• A statement of accuracy under penalty of perjury;
• Your signature.

8. Third-Party Services & Links

Kracked may contain links to third-party websites, services, or integrations with third-party platforms (e.g., Google Sign-In, Firebase, payment processors). We are not responsible for:

• The content, accuracy, or opinions expressed on third-party websites;
• Third-party terms of service or privacy practices;
• The availability, functionality, or security of third-party services;
• Any transactions or interactions between you and third parties.

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

9. Disclaimer of Warranties

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.

NO GUARANTEES.

We do 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.

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.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATORS 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.

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.

We are 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.

We are 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.

Force Majeure.

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

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.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Operators, our affiliates, licensors, and service providers, and our 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:

• (a) use of or inability to use Kracked;
• (b) violation of these Terms;
• (c) violation of any law or regulation;
• (d) infringement of any intellectual property or other rights of any third party;
• (e) User Content;
• (f) interaction with other users;
• (g) any other activity in connection with Kracked.

This indemnification obligation will survive termination of your account and these Terms.

12. Termination

By Us.

We may suspend or terminate your access to Kracked at any time, with or without notice, for any reason or no reason, including but not limited to:

• Violation of these Terms or our Community Guidelines;
• Fraudulent, abusive, or illegal activity;
• Extended periods of inactivity;
• To protect the Service, other users, or our rights;
• At the request of law enforcement or government agencies;
• Discontinuation of Kracked or any part thereof.

By You.

You may stop using Kracked and delete your account at any time through the in-app settings or by contacting us.

Effect of Termination.

Upon termination:

• Your right to use Kracked immediately ceases;
• We may delete your account, User Content, and associated data;
• You remain liable for all amounts due up to and including the date of termination;
• Sections 5, 7, 9, 10, 11, 13, 14, 15, and 16 shall survive termination.

Survival.

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

13. Governing Law

These Terms are 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 these Terms 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.

14. Dispute Resolution & 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 us at [INSERT EMAIL] to attempt to resolve any dispute informally. We will attempt to resolve the dispute in good faith within 60 days of your notice.

Agreement to Arbitrate.

If we cannot resolve a dispute informally, you and we agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms, 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 these Terms.

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 WE 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 these Terms 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 these Terms by sending us written notice at [INSERT EMAIL] 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 13.

Waiver of Jury Trial.

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER than IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

15. Changes to These Terms

We reserve the right to modify these Terms at any time for operational, legal, or regulatory reasons. If we make material changes, we will:

• (a) post the revised Terms in-app and on our website;
• (b) update the "Effective date" at the top of these Terms;
• (c) display a prominent notice the next time you open or foreground Kracked on the day the changes take effect;
• (d) in some cases, notify you by email or other means.

Continued Use.

Your continued use of Kracked after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, 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 our obligations;
• Changes to fees or payment terms (if applicable);
• Changes to account deletion or data retention policies.

16. Miscellaneous

Severability.

If any provision of these Terms 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 these Terms or your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

Waiver.

Our failure to enforce any provision of these Terms 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.

These Terms, together with our Privacy Policy and any Community Guidelines, constitute the entire agreement between you and us regarding your use of Kracked and supersede all prior agreements, understandings, or communications.

Relationship.

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and us.

Notices.

We may provide notices to you by:

• In-app notification;
• Email to the address associated with your account;
• Posting on our website;
• Any other method we deem 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.

California Residents.

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

17. Contact Information

Operators: [INSERT OPERATOR NAME(S)]
Service: Kracked
Email: [INSERT EMAIL ADDRESS]
Website: [INSERT WEBSITE URL, IF APPLICABLE]

For questions about these Terms, please contact us at the email address above.