END USER LICENSE AGREEMENT AND TERMS OF SERVICE

Effective Date: January 10, 2021

This End User License Agreement and Terms of Service (hereinafter referred to as the “Agreement”) is a binding agreement between you as an individual user (hereinafter referred to as “you”) and 2GO Systems OU (hereinafter referred to as “KajGO Operator,” “we,” “our,” or “us”) that governs your use of mobile software applications made available for download by KajGO (individually and collectively, the “Application”), the associated website at www.KajGO.com, and any other online properties owned or controlled by or on behalf of KajGO Operator (collectively with the Application, the “Service”).

Key Terms: The details of this Agreement are provided further in this document (without prejudice to the explicit terms of this Agreement). You agree to the following:

• - The Service is licensed, not sold, and you may only use the Service in accordance with this Agreement.
• - You use the Service at your own risk, and you should consult a physician or other healthcare professional before beginning to use the Service.
• - Your use of the Service may be subject to separate third-party terms of service and fees, including but not limited to, the terms of service and fees of your network carrier (the “Network Carrier”), including data and overage charges, which are your sole responsibility.
• - You agree to the collection, use, and disclosure of your personal data in accordance with the KajGO Privacy Policy available at: https://kajgo.com/en/privacy-policy (the “Privacy Policy”).
• - We provide the Application on an “as-is” basis, without any warranties, and our liability is limited.
• - Disputes between you and KajGO Operator will be resolved by binding arbitration. By accepting this Agreement, as outlined in further detail in Section 11 below, you and KajGO Operator waive the right to a jury trial or participation in a class action.

1. General Terms

Changes to the Agreement

You agree that we may make changes to this Agreement at any time without prior notice. The amended Agreement becomes effective upon publication unless otherwise specified. If you find any change to the Agreement or Service unacceptable, your sole remedy is to cease using the Service.

Privacy Policy

Your use of the Service is also subject to the KajGO Privacy Policy, the terms and provisions of which are incorporated into this Agreement by reference.

Jurisdictional Matters

The Service is controlled and operated by 2GO Systems OU from Tallinn, Estonia. KajGO Operator makes no representation that materials available through the Service are appropriate, lawful, or available for use in locations outside the European Union. Individuals accessing the Service from outside the European Union do so on their own initiative and are responsible for compliance with local laws, if and to the extent that such laws are applicable. Access to the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized, or penalized is restricted.

Eligibility

The Service is not intended for individuals under the age of 13 or for users previously suspended or removed from the Service by the operator. IF YOU ARE UNDER 13, YOU ARE NOT PERMITTED TO USE THE SERVICE AT ANY TIME OR IN ANY MANNER. IF YOU ARE OVER 13, YOU MAY USE OR ACCESS THE SERVICE ONLY WITH THE CONSENT OF YOUR LEGAL GUARDIAN. By using the Service, you confirm that you are at least 18 years old or have been authorized to use the Service by your parent or legal guardian, who is at least 18 years old.

2. Service

Description

The Service allows you to create your own team and sign up for any events we support. If you are an organizer, you can purchase the ability to create and manage an event using tools provided by KajGO.

Mobile Services

The Service will be accessible via mobile phone, tablet, or other wireless devices (collectively, “Mobile Services”). Standard charges by your mobile carrier for messages, data, and other services, as well as additional charges, will apply when using Mobile Services. Moreover, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work on all network carriers or devices. You are solely responsible for checking with your mobile carrier whether Mobile Services are available on your mobile device, any restrictions on using Mobile Services, and the applicable costs.

3. Registration

Login Data

While you can always browse the public portions of the Service without registration, to fully benefit from the Service, you must download the Application and create an account with us (hereinafter referred to as the “Account”) through the registration form on: https://kajgo.com/ or directly via the mobile app.

Account Security

You are responsible for the security of your Account and fully responsible for all activities carried out under your credentials. You may not share your Account credentials with any third party. You agree to promptly notify KajGO Operator at support@KajGO.com if you suspect or become aware of any unauthorized use of your login data or a security breach related to your Account. KajGO Operator is not liable for any damages or losses resulting from unauthorized use of your login data prior to reporting such unauthorized use or loss of your credentials.

Accuracy of Information

When creating an Account, you will provide KajGO Operator with true, accurate, current, and complete information. You will promptly update your information as needed to maintain its accuracy and completeness. We reserve the right to revoke, cancel, delete, or reassign specific usernames and permanent links in certain circumstances at our sole discretion, and we may, with or without prior notice, suspend or terminate your Account if your Account activities, at our sole discretion, would or might constitute a breach of this Agreement, cause harm or disrupt the Service, infringe or violate the rights of third parties, damage or harm KajGO Operator's reputation, or violate any applicable laws or regulations. If emails sent to the address you provided are returned as undeliverable, KajGO Operator may terminate your Account immediately without notice and without any liability.

4. Payments

Creating Initial Accounts

To take advantage of the Service, you may need to purchase applicable products or services, such as subscriptions, additional features, or others. Payments for these products or services will require you to provide payment information, such as a credit card number, bank account details, or other payment data. You agree that KajGO Operator may process payments for these products or services on your behalf.

Subscription Fees

If you use a paid subscription, you agree to be regularly charged for subscription fees according to the subscription plan you selected. Subscription fees will continue to apply until the subscription is canceled.

In-App Payments

If you make payments in the mobile app, you agree to comply with the terms and conditions associated with the distribution platform from which you download the app, such as the App Store or Google Play Store. KajGO Operator is not liable for any payments processed by these distribution platforms.

Refunds

Payments made for KajGO products or services are generally non-refundable unless KajGO Operator decides otherwise in a specific case. Notwithstanding the above, KajGO Operator is not responsible for refunds or compensations for payments made through distribution platforms, such as the App Store or Google Play Store, and any such refund requests should be directed to the respective distribution platform.

5. Intellectual Property Rights

License

Subject to your full and continuous compliance with this Agreement, 2GO Systems OU hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for personal use. 2GO Systems OU reserves all rights not expressly granted to you.

Content

Except for User Content, the content provided to end users by KajGO Operator on or through the Service, including but not limited to text, graphics, photos, software, audio recordings (and musical works contained therein), and interactive features, may be protected by copyright or other intellectual property rights and belong to KajGO or its licensors (collectively, “KajGO Content”). You may not copy, reproduce, transmit, publish, broadcast, retransmit, post, modify, create derivative works, publicly perform, publicly display, use for commercial purposes, or distribute any materials from the Service without the prior written consent of the owner of such material or as permitted by the intended functionalities of the Service. Use of KajGO Content must comply with applicable laws. KajGO reserves all rights on behalf of its licensors; users may not infringe the copyrights of the owners of sound recordings contained in the Service or any musical works within them (collectively, “Music”).

Trademarks

Registered and unregistered trademarks and logos of KajGO (“KajGO Trademarks”), used and displayed in the Service, are registered and unregistered trademarks or service marks of KajGO. You may not use any Trademarks as part of a link to or from the Service without prior written permission from KajGO Operator. You may not remove any Trademarks that identify the owner or origin of KajGO Content. All goodwill arising from the use of any KajGO Trademark accrues solely to KajGO.

6. User Content

Definition

"User Content" means any content submitted by users ("Submission") to or through the Service, including, but not limited to, text, comments, and other works protected under Estonian law or any other jurisdiction, including but not limited to patent rights, trademarks, trade secrets, and copyrights, excluding any KajGO Content.

Screening of User Content

KajGO allows end users to submit User Content to or through the Service. KajGO does not pre-screen User Content but reserves the right to remove, disapprove, block, or delete any User Content at its discretion. KajGO does not guarantee the accuracy, integrity, suitability, availability, or quality of any User Content, and in no event shall KajGO be liable in any way for any User Content.

Licenses to User Content

While you retain rights to your User Content, you grant KajGO an unrestricted, transferable, sublicensable, revocable, and royalty-free worldwide license to reproduce, distribute, publicly display, publicly communicate, publicly perform (including through digital audio transmission and public performance), share, create derivative works from, retransmit via external sites, and otherwise exploit and use (collectively, "Use") any part or all of the User Content you submit to or through the Service, in any means, media, or formats now known or hereafter developed, for purposes such as:

• (I). advertising, marketing, and promoting KajGO and the Service;
• (II). displaying and sharing your User Content with other Service users;
• (III). providing the Service as authorized under this License Agreement. Additionally, you grant KajGO a royalty-free license to use your username, image, voice, and likeness to identify you as the source of your User Content. Any User Content you submit to the Service or deliver to KajGO will be treated as non-confidential and non-private and will be treated by KajGO as such, and KajGO may use it under this License Agreement without notifying you and without liability.

You Must Own the Rights to the Submitted Content

You represent and warrant that:

• (I). you own the rights to the User Content you submit to the Service or otherwise have the right to grant the license mentioned in this License Agreement;
• (II). submitting and using your User Content on the Service does not infringe any privacy rights, publicity rights, copyrights, contractual rights, intellectual property rights, or any other rights of third parties, including, but not limited to, the rights of any person appearing in your User Content;
• (III). submitting your User Content on the Service does not require us to obtain additional licenses from third parties or to pay royalties, fees, compensation, or any other amounts or to provide any authorship information to third parties;
• (IV). submitting your User Content on the Service does not result in a breach of any contract between you and a third party. You agree to pay all fees and bear any liability resulting from your submission of User Content to the Service.

Waiver of Rights to User Content

By submitting User Content to the Service, you waive any right to control or approve any marketing or promotional materials related to such User Content. You also waive any rights of privacy, publicity, or other similar rights in connection with your User Content or any part of it. To the extent that moral rights are not transferable or assignable, you hereby waive and agree never to assert any moral rights or support, maintain, or permit any action based on any moral rights you may have regarding any User Content you submit to or through the Service.

Inappropriate Content

You agree not to submit any User Content to the Service that is or could be interpreted as:

• (I). offensive, harassing, defamatory, abusive, harmful, hateful, inaccurate, infringing, defamatory, inappropriate, obscene, abusive, pornographic, shocking, threatening, illegal, violent, vulgar, or in violation of any applicable laws (including speech laws);
• (II). promoting any product, good, or service, bigotry, discrimination, hate, intolerance, racism, or incitement to violence (including suicide) (collectively, "Inappropriate Content"). Submission of Inappropriate Content may lead to third-party claims, and the rights granted to you in this License Agreement do not serve as a defense against such claims. If you encounter Inappropriate Content on the Service, please immediately email support@KajGO.com. KajGO, at its discretion, may take any necessary and/or appropriate action against a user submitting Inappropriate Content to the Service.

7. Service Use Restrictions

In addition to other restrictions set forth in this License Agreement, and without limiting those restrictions, you agree not to: create unauthorized copies or derivative works of any content available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any software or source code forming the Service; remove or alter any materials posted by KajGO or any other person or entity on the Service; frame or link to any materials or information available on the Service; alter, damage, mutilate, or otherwise circumvent any approved software by which the Service is made available; use any trademark, service mark, design marks, logos, photographs, or other content belonging to KajGO or obtained from the Service; provide false personal data to KajGO; set up a new account in KajGO without explicit written consent from KajGO if your account was previously terminated; solicit or collect personal data from other Users; disclose personal information of any third party on or obtained from the Service without that person's consent; use the Service to send emails or other messages to individuals who have requested not to be contacted; use the Service for commercial or unauthorized purposes, including communicating or facilitating any advertisement or solicitation or spamming; violate any applicable federal, state, or local laws or the terms of this License Agreement.

8. External Sites

The Service may include links or options to share information related to third-party websites ("External Sites"). KajGO does not endorse any External Sites or content available on such External Sites. KajGO is not responsible for the content of any External Sites and makes no representations regarding the content or accuracy of any materials on such External Sites. You agree that KajGO shall not be liable to you arising from your use, engagement, exposure, or interaction with any External Sites.

9. Feedback

While we are constantly developing and evaluating our ideas and product features, we know we don’t have all the answers. We, therefore, welcome your input, comments, and suggestions. If you decide to provide KajGO with any ideas ("Feedback"), regardless of any communication accompanying them, the following terms will apply. By providing Feedback to KajGO, you agree that:

• - KajGO has no obligation to review, consider, or implement your Feedback or return it to you in whole or in part for any reason.
• - Feedback is provided on a non-confidential basis, and KajGO has no obligation to keep confidential any Feedback submitted by you or to refrain from using or disclosing it in any way.
• - You hereby irrevocably grant KajGO an unrestricted and unlimited right to use Feedback and any derivatives thereof for any purpose and without limitation, without compensation or attribution of any kind, including through creating, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate Feedback, in whole or in part, in both the supplied and modified form.

10. Notices and Procedure for Reporting Copyright or Other Intellectual Property Infringements

Notice

KajGO respects the intellectual property rights of others and takes copyright and other intellectual property protection seriously. We also request that our users do the same. KajGO may, in appropriate circumstances and at its discretion, disable or terminate accounts of users who may be repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide KajGO's copyright agent ("Your Notice") with the following information:

• - description of the copyrighted work or other intellectual property that you claim has been infringed;
• - description of the location where the material that you claim is infringing is located on the Service, in a way that allows us to locate it;
• - your address, telephone number, and email address;
• - a statement that you believe in good faith that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or by law;
• - a statement that the information in Your Notice is accurate, and you are the copyright or intellectual property owner, or you are authorized to act on behalf of the copyright or intellectual property owner; and
• - an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Copyright Agent

KajGO's copyright agent may be contacted via mail at: 2GO Systems OU, Sepapaja tn 6, Tallinn 15551, Estonia, Attention: Copyright Agent; or via email at: support@KajGO.com.

11. Termination

This License Agreement is effective until terminated. KajGO may, at any time and without prior notice, terminate or suspend your use of the Service for any reason or no reason, including if KajGO believes you have violated the terms of this License Agreement or acted inconsistently with its content. Upon such termination or suspension, your right to use the Service will immediately cease, and KajGO may, without liability to you or any third party, immediately deactivate or delete your username, password, and account and all related materials, with no obligation to provide further access to such materials. Provisions that by their nature should survive termination will survive termination, including, without limitation, provisions regarding ownership, disclaimers of warranties, and limitations of liability.

12. Warranty Disclaimer

The Service is provided "as is" and "as available" with no warranties, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, and fitness for a particular purpose, or any warranties arising from any course of performance or trade usage, which are expressly excluded. KajGO, as well as its directors, employees, agents, suppliers, partners, and content providers, do not warrant that:

• a. The Service will be secure and available at a particular time and place;
• b. Any defects or errors will be corrected;
• c. Any content or software available within the Service is free of viruses or other harmful components;
• d. The results from using the Service will meet your requirements.

Use of the Service is solely at your own risk. Some states or countries do not allow limitations on the duration of implied warranties, so the above limitations may not apply to you.

13. Limitation of Liability

To the fullest extent permitted by applicable law, no KajGO parties, its affiliates, nor their directors, officers, employees, agents, partners, suppliers, or content providers shall be liable for any indirect, incidental, punitive, exemplary, special, or consequential damages resulting from access to or use of the Service, regardless of the legal basis, contract, tort (including negligence), statute, or any other legal theory, regardless of whether KajGO has been informed of the possibility of such damages. Without limiting the foregoing, KajGO and its affiliates, directors, officers, employees, agents, partners, suppliers, and content providers shall not be liable to you for any damages or losses, including lost profits, loss of data, or any other indirect, incidental, punitive, exemplary, special, or consequential damages. The above limitations on liability will apply to the fullest extent permitted by the laws of the relevant jurisdiction.

14. Indemnification

You agree to indemnify and hold KajGO, its affiliates, directors, officers, employees, agents, partners, suppliers, and content providers harmless from any claims, demands, lawsuits, causes of action, proceedings, filings, losses, damages, costs, and expenses, including reasonable attorney fees, arising out of or related to your use of the Service, including any user content you post, store, or transmit in connection with your use of the Service or your violation of this License Agreement, any law, or any third-party rights.

15. Governing Law and Dispute Resolution

This License Agreement and your use of the Service are governed by Estonian law, without regard to conflict of law principles. You agree that any legal proceedings arising out of this License Agreement or the Service will be conducted solely before the courts located in Estonia, and you hereby irrevocably and unconditionally submit to the exclusive jurisdiction of such courts for all claims, complaints, or proceedings arising out of this License Agreement.

16. Miscellaneous

Entire Agreement

This License Agreement, along with the KajGO Privacy Policy and any other agreements explicitly incorporated by reference, constitutes the complete and exclusive understanding and agreement between you and KajGO regarding your use and access to the Service, superseding any prior oral or written agreements or understandings between you and KajGO regarding use and access to the Service.

Assignment

You may not assign or transfer this License Agreement by law or otherwise without KajGO’s prior written consent. Any attempt to assign or transfer this License Agreement without such consent will be null and void. KajGO may assign or transfer this License Agreement at its discretion without restriction. Subject to the foregoing, this License Agreement shall be binding on the parties and their successors and permitted assigns.

Waiver

KajGO’s failure to enforce any right or provision of this License Agreement shall not constitute a waiver of future enforcement of that right or provision. A waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of KajGO. Except as expressly provided in this License Agreement, the exercise by either party of any of its remedies under this License Agreement will be without prejudice to its other remedies under this License Agreement or otherwise.

Severability

If any provision of this License Agreement is invalid, unlawful, or unenforceable under applicable law, the remainder of this License Agreement will remain in full force and effect, and the invalid, unlawful, or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely reflects the original intent of the provision.

Contact Information

If you have any questions regarding this License Agreement or the Service, please contact KajGO at support@KajGO.com.

17. Third-Party Disputes

• a. To the fullest extent permitted by law, any disputes you have with any third party arising out of your use of the Service, including, for example, with a carrier, copyright holder, or another user, are solely between you and that third party, and you irrevocably release KajGO parties from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to such disputes in any way.
• b. Owners of any content licensed to KajGO for use within the Service are intended beneficiaries of this License Agreement and have the right to enforce its terms against you in a court of competent jurisdiction. The provisions of Section 11 do not apply to disputes between you and third-party content licensors to KajGO.

18. Indemnity Obligation

To the fullest extent permitted by law, you agree to defend, indemnify, and hold KajGO Parties harmless from any claims, suits, or demands, including, without limitation, reasonable attorney and accounting fees, arising out of or related to:

• a. your breach of this License Agreement;
• b. your use, access, or misuse of KajGO content or the Service;
• c. your User Content. KajGO will notify you of any such claim, suit, or proceeding. KajGO reserves the right to assume exclusive defense and control of any matter subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests to assist KajGO in defending such matter, at your expense.

19. Term and Termination of the License Agreement

• a. Term. Between you and KajGO, the term of this License Agreement begins upon your first use of the Service and continues until terminated by you or KajGO.
• b. Termination. You may terminate this License Agreement by sending written notice to KajGO at support@KajGO.com, deleting the application from your mobile device, and discontinuing any other use of the Service. KajGO reserves the right, at its sole discretion, to restrict, suspend, or terminate this License Agreement and your access to all or part of the Service at any time, without prior notice or liability, if you violate any provisions of this License Agreement. KajGO may also terminate this License Agreement for other reasons upon ten days’ prior notice to you at the email address associated with your account login. KajGO reserves the right to modify, suspend, or discontinue all or part of the Service at any time without prior notice or liability.

Sections 1, 3.b, 5.b, 5.c, 6.d, 6.e, 6.f, 7, 9, 11, 15, 16.c, 17, 20, and all defined terms used in these sections will survive termination of this Agreement indefinitely.

20. Consent to Electronic Communication

By using the Service, you consent to receive certain electronic communications from us as further detailed in the Privacy Policy. Please refer to the Privacy Policy for more information on your options regarding electronic communication practices.

21. Contact Us

You can contact us regarding your use of the Service via email at support@KajGO.com.

22. Open Source Software

The application contains certain open-source software. Each open-source software component is subject to its respective license terms.

23. Complaints

In the event of any issues related to the service provided by KajGO, the organizer may file a complaint within 14 days after the event concludes. Complaints may be submitted as follows:

By mail: 2GO Systems OÜ A.H.Tammsaare tee 47 11316 Tallinn Estonia

By email: support@KajGO.com