End User License Agreement (EULA)

Welcome to Ghostyk, our website at www.ghostyk.com (our “Website”) and our iOS and Android Mobile Applications (our “App”) and both collectively our platform (“Platform”). This End User License Agreement (these “Terms”) constitutes a legal agreement between you and us governing the use of our website and App and its underlying functions and details the rights and restrictions that apply to the use of our technology.

We license use of our Platform to you on the basis of these Terms. We do not sell our Platform to you, and we remain the owner of our Platform at all times.

1. ABOUT US

1.1. We are Ghostyk LLC, 8 The Green #21576, Dover, Delaware, 19901, USA (“Ghostyk”, “we”, “us”, “our”).

1.2. To contact us, please use info@ghostyk.com.

1.3. These Terms were last updated on Monday, 20th of January 2025, and are the current and valid version.

2. TERMS AND CONDITIONS

2.1. The provisions set out in these Terms govern your access to and your use of our Platform and its underlying functions and detail the rights and restrictions which apply to the use of our Technology and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.

2.2. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).

2.3. We reserve the right to change, modify, suspend, or discontinue any portion of the services, our Platform or any other products, services, or affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

2.4. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.

3. APP LICENSE GRANT

3.1. Our App is only available through accessing (or downloading from) a third-party platform or store, including but not limited to, the Google Play Store and Apple App Store (each, an “App Store”).

3.2. Your use of our App is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire our App and these Terms with respect to your use of our App, these Terms will take priority.

3.3. So long as you comply with these Terms and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install our App on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use our App, including any Content, for your personal entertainment purposes leveraging only the functionality of our App. We and our licensors reserve all rights not granted to you in these Terms.

3.4. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within our App. Content also includes anything generated, created, or that is otherwise developed within our App by any user (including you) as a result of interaction with the functionality of our App. We may, in our sole discretion, remove, edit, or disable any content for any reason.

4. APPLE AND GOOGLE DEVICES LICENSE AGREEMENT

The following terms apply when you use our App obtained from either the Apple’s, or Google’s store (each an “App Distributor”) to access our App:

4.1. the License granted to you for our App is limited to a non-transferable License to use our App on a device that utilizes the Apple iOS or Google operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

4.2. we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4.3. you must comply with applicable third-party terms of agreement when using the App,

4.4. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.

5. WEBSITE LICENSE GRANT

5.1. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its services for personal or internal business use, subject to the terms of these Terms.

5.2. You agree not to:

5.2.1. Copy, modify, or create derivative works of the Website or any content therein.

5.2.2. Reverse-engineer, decompile, or disassemble any part of the Website.

5.2.3. Use the Website for any unlawful purpose or in violation of any applicable law or regulation.

5.2.4. Share your account credentials or allow others to access your account.

5.3. All content, trademarks, and intellectual property rights on the Website are owned by us. Nothing in these Terms transfers any ownership rights to you.

5.4. If you submit or post any content on the Website, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display such content for the operation of the Website.

6. INTELLECTUAL PROPERTY

6.1. All Content included on the Platform, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ghostyk, our affiliates or other relevant third parties. By continuing to use the Platform you acknowledge that such material is protected by applicable national and International intellectual property and other relevant laws.

6.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given express written permission to do so by Ghostyk.

6.3. Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and noncontentve license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the services and our responses to users of the Platform.

6.4. You acknowledge that you have no right to have access to our Platform in source code form.

7. NONEXCLUSIVE LICENSE

7.1. Ghostyk grants you a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the Platform solely as necessary for you to use the service; and you will not (and you will not allow any third party to):

7.1.1. copy, modify, adapt, translate or otherwise create derivative works of the Platform;

7.1.2. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform, except as expressly permitted by the law in effect in the jurisdiction in which You are located;

7.1.3. rent, lease, sell, assign or otherwise transfer rights in or to the Platform;

7.1.4. remove any proprietary notices or labels on the Platform or placed by the service;

7.1.5. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the service or the Platform; or

7.1.6. use data labeled as belonging to a third party in the service for purposes other than use of the Platform and service.

8. ACCOUNT AND PASSWORD

8.1. The services are provided via a dedicated account.

8.2. You are responsible for keeping your account confidential.

8.3. By registering for an Account which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:

8.3.1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and

8.3.2. you must be at least 18 years of age.

8.4. You are also responsible for any use of any account that you have access to, whether or not you authorized the use.

8.5. You will immediately notify us of any unauthorized use of your accounts.

8.6. You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked or otherwise compromised account.

9. ACCOUNT SUSPENSION AND TERMINATION

9.1. We reserve the right, at its sole discretion, to suspend or delete at any time and without notice, user accounts which it deems inappropriate, offensive or in violation of these terms.

9.2. We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Platform. When a breach of these Terms has occurred, we may take such action as we deem appropriate.

9.3. Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:

9.3.1. immediate temporary or permanent withdrawal of your right to use our Platform;

9.3.2. immediate temporary or permanent removal of any services rendered;

9.3.3. issuance of a warning to you;

9.3.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;

9.3.5. further legal action against you; and/or

9.3.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

9.4. We exclude liability for actions taken in response to breaches of these Terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

10. UPLOADING AND PROVIDING DATA AND CONTENT TO OUR PLATFORM

10.1. You irrevocably and unconditionally represent and warrant that any of your data including without limitation, Service Data and content (images, texts and descriptions etc.) uploaded and/ or provided to our Platform complies with our Privacy Policy, with the Delaware Personal Data Privacy Act (“DPDPA”), the EU's General Data Protection Regulation (GDPR) and any other applicable laws.

10.2. You are fully responsible for your content uploaded and/ or provided to our Platform. We will not be responsible, or liable to any third party, for:

10.2.1. the content or accuracy of any content or data uploaded and/ or provided by you, by us on your behalf, or any other user of our Platform; or

10.2.2. the loss of any content or data provided to us by you. You should keep a record of all such content and data.

10.3. We will only use the content uploaded and/ or provided by you for the purposes of carrying out the services, carrying out our obligations in these Terms, and any other purpose expressly set out in these Terms or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

10.4. We may use the content uploaded and/ or provided by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the services and our response to users of the Platform.

10.5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.

10.6. We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out.

11. TECHNICAL REQUIREMENTS AND RESPONSIBILITY

11.1. Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.

11.2. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.

11.3. We do not guarantee that the services offered can actually be used with the User's device.

12. WARRANTIES

12.1. While we make all efforts to maintain the accuracy of the information on our Platform, we provide the services, Platform and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

12.2. You acknowledge that no Third Party is authorized to make any statement or representation for and on behalf of us.

12.3. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the services, our Platform, the related content, or electronic communications sent by us are free of viruses or other harmful components.

13. DATA CHARGES AND MOBILE DEVICES

You are responsible for all data-related charges that you may incur for using our Platform, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using our Platform.

14. TECHNICAL REQUIREMENTS

14.1. You acknowledge that it is your responsibility to confirm and determine that the end-user device on which you intend to use our Platform satisfies the technical specifications required.

14.2. We reserve the right to modify the technical specifications as we see appropriate at any time.

15. LIMITATION OF LIABILITY

15.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any related content. You expressly agree that your use of the services and our Platform, is at your sole risk.

15.2. You agree not to use the services, our Platform and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the services, our Platform or any other website or software) for:

15.2.1. loss of profits, sales, business, or revenue;

15.2.2. business interruption;

15.2.3. loss of anticipated savings;

15.2.4. loss or corruption of data or information;

15.2.5. loss of business opportunity, goodwill or reputation; or

15.2.6. any other indirect or consequential loss or damage.

15.3. Nothing in these Terms shall limit or exclude our liability for:

15.3.1. death or personal injury resulting from our negligence;

15.3.2. fraud; and/or

15.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

15.4. Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.

15.5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

16. INDEMNITY

You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

17. FORCE MAJEURE

We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors and will notify you of such an event and its expected duration as soon as reasonably possible.

18. OTHER IMPORTANT TERMS

18.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.

18.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

18.4. These Terms and any document expressly referred to in them constitute the entire agreement between us.

18.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

18.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of the state of Delaware. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Dover, Delaware.