End User License Agreement

1. Acceptance of Terms

By downloading, installing, or using the Okidooki Night application ("App"), you agree to be bound by this End User License Agreement ("EULA"). If you do not agree to these terms, do not use the App.

This EULA is a legal agreement between you ("User") and OKIDOOKI AG ("Company", "we", "us") governing your use of the Okidooki Night mobile application and related services.

2. License Grant

Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial purposes.

3. Restrictions

You agree not to:

• Copy, modify, distribute, sell, or lease any part of the App or its content
• Reverse engineer, decompile, or disassemble the App, except as permitted by law
• Remove, alter, or obscure any proprietary notices or labels on the App
• Use the App for any unlawful, harmful, or fraudulent purpose
• Attempt to gain unauthorized access to any systems or networks connected to the App
• Use the App to harass, abuse, stalk, threaten, or intimidate any person
• Create false or misleading accounts, profiles, or content
• Upload or share content that is illegal, offensive, defamatory, or infringes on the rights of others
• Use automated scripts, bots, or other tools to interact with the App
• Interfere with or disrupt the operation of the App or servers

4. User Accounts

To use certain features of the App, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 17 years of age to create an account and use the App.

We reserve the right to suspend or terminate your account at any time, with or without notice, for any violation of this EULA or our community guidelines.

5. User-Generated Content

The App allows you to create and share content, including but not limited to Loop Stories, messages, profile information, and other media ("User Content"). You retain ownership of your User Content, but by posting it on the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute your User Content in connection with operating and improving the App.

You are solely responsible for your User Content and must ensure it complies with applicable laws and does not violate the rights of any third party.

6. In-App Purchases and Payments

The App may offer in-app purchases, including event tickets, drink gifts, and other paid features. All payments are processed through third-party payment providers (e.g., Stripe, Apple In-App Purchase). You agree to the payment terms and refund policies of the applicable payment provider.

Prices are displayed in the App and may change without prior notice. We are not responsible for any fees or charges imposed by your bank, payment provider, or mobile carrier.

7. Intellectual Property

The App and all its content, features, and functionality (including but not limited to software, design, text, graphics, logos, and trademarks) are owned by OKIDOOKI AG and are protected by Swiss and international copyright, trademark, and other intellectual property laws.

8. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the App, you consent to the practices described in our Privacy Policy.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OKIDOOKI AG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US, IF ANY, DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless OKIDOOKI AG, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with your use of the App, your User Content, or your violation of this EULA.

12. Termination

This EULA is effective until terminated. We may terminate or suspend your access to the App at any time, without prior notice or liability, for any reason, including if you breach any provision of this EULA. Upon termination, your right to use the App will immediately cease.

You may terminate this EULA by deleting the App and your account. Sections relating to intellectual property, disclaimer, limitation of liability, and indemnification shall survive termination.

13. Governing Law

This EULA shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising under this EULA shall be subject to the exclusive jurisdiction of the courts of Basel-Stadt, Switzerland.

14. Changes to This EULA

We reserve the right to modify this EULA at any time. We will notify you of material changes by posting the updated EULA in the App or on our website. Your continued use of the App after such changes constitutes your acceptance of the revised EULA.

15. Apple Licensed Application EULA

If you downloaded the App from the Apple App Store, the following additional terms apply:

• This EULA is between you and OKIDOOKI AG only, not with Apple Inc. OKIDOOKI AG is solely responsible for the App and its content.
• The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service.
• OKIDOOKI AG is solely responsible for providing any maintenance and support services for the App, as required under applicable law.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable). To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• OKIDOOKI AG, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your use of the App infringes a third party's intellectual property rights, OKIDOOKI AG, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance, Apple will have the right to enforce this EULA against you as a third-party beneficiary.

16. Contact Us

If you have any questions about this EULA, please contact us: