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END USER LICENSE AGREEMENT

END USER LICENSE AGREEMENT

[23rd May 2025]

THIS END–USER LICENCE AGREEMENT IS A LEGAL AGREEMENT between You (either an individual or a single entity) (“the End-User”) and Mr. Arun Das. R c/o Vimal Das. R, No. 19, 12th Cross, Nagappa Reddy Layout, Ramamurthy Nagar, Bengaluru, Karnataka- 560016. An individual for this application and any service(s) accompanying the End User License Agreement (EULA), which may include the “online or electronic documentation”. This Agreement governs the use of the Sacred Connect application for Apple IOS or Google Android operating systems (including all related documentation, the “Application”).

BY DOWNLOADING/INSTALLING/COPYING OR OTHERWISE USING THE PRODUCT/SERVICES OR ANY UPDATES AS DEFINED BELOW, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THE EULA, DO NOT INSTALL, COPY OR OTHERWISE USE THIS APPLICATION. IN ADDITION, BY INSTALLING, COPYING OR OTHERWISE USING THE PRODUCT OR ANY OF ITS UPDATES, OR OTHER COMPONENTS THAT YOU RECEIVE SEPARATELY AS PART OF THE PRODUCT(S)AND SERVICE(S) (“UPDATES”), YOU AGREE TO BE BOUND BY THE TERMS THAT ACCOMPANY THE UPDATES. FURTHER BY DOWNLOADING/INSTALLING/USING THIS APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

LICENSE AND GENERAL USE RESTRICTION

The Application is protected by the copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Subject to the terms of this Agreement, I grant to you a non-exclusive, non-transferable, revocable, limited license ONLY to use this Application as permitted by this Agreement solely for the designated use. This Application cannot be used for any other purpose. You are not permitted to lease, rent, sublicense, modify, reverse engineer, disassemble, attempt to derive the source code, or create derivative works, all or a portion of the Application.

NOW, THEREFORE, THIS AGREEMENT WITNESSETH that, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows:

1. DEFINITIONS

    1. “Application” means the platform provided by me under this Agreement, including Sacred Connect and all associated documentation, events, community posts, songs, Questions, Locations, content for the Application, and game sharing with friends. The use of which is demonstrated under this Agreement, including all executable versions.
    2. “Confidential Information” means any non-public information disclosed by me to You that is designated as confidential or should reasonably be understood to be confidential, given the nature of the information and the circumstances of disclosure.
    3. “Effective Date” means the date on which You accept this Agreement by either installing, downloading, copying, or otherwise using this Application.
    4. “Intellectual Property Rights” means all intellectual property rights, including copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights, and all other proprietary rights, whether registered or unregistered by me.
    5. “License” refers to the rights granted to the End User under this Agreement to use the Application subject to the conditions and restrictions outlined herein.
    6. “Personal Data” means information that may be used to readily identify a User/You.
    7. “Term” means the duration of the License as specified in Section 9 of this Agreement.
    8. “User” means the individual or entity who has obtained this Application and is authorised to use it in accordance with the terms of this Agreement

2. APPLICATION LICENCE, RIGHTS & RESTRICTIONS

2.1 Application –(Licence and Rights) – In consideration of the mutual covenants, and subject to the provisions contained in this Agreement, You are granted only a revocable, non-exclusive ‘licence to use’ the Application solely in order to utilise the same for all associated documentation, events, community post, songs, Questions, Locations, content for the Application.

2.2 Restrictions- Without limiting the generality of the foregoing, you will use the Application only for purposes as set forth herein, and, further, by means of example but not limited to, you DO NOT have rights to:

(a) own title or transfer title to the License to another party.

(b) illegally reproduce, make adaptations, distribute, sublicense or otherwise provide copies or any rights in relation to the Application to any third party.

(c) pledge, hypothecate, alienate or otherwise encumber the Application to any third party;

(d) modify, enhance, reverse-engineer, decompile, disassemble or create substantially derived forms of the Application.

(e)  remove, alter, or obscure in any way any intellectual property rights of mine and my Platform or Documentation.

(f) violate any applicable laws or regulations or any rights of any third party in connection with the use or access of the Application.

2.3 Upon accepting the terms of this Agreement, you are permitted to:

(a) Download a copy of the most current version of the Application for your use under this Agreement; and

(b) receive ongoing updates to the Application from time to time whenever required. In each such case, you will be notified by me whenever there is an Update available for installation either via an email or a pop-up notification while using the Application.

That I pursuant to the deployment, may collect user data to carry out or create a case study which it may at its discretion be made available for internal training, developmental, technical purpose(s), application enhancement and/ or any other Bonafide purpose which the Foundation shall ensure shall not adversely affect the confidentiality and/ or the interest of the User.

USER ACKNOWLEDGES THAT THE APPLICATION MAY INCLUDE FEATURES TO PREVENT USE AFTER THE APPLICABLE TERM AND/OR IN THE EVENT OF INCONSISTENTENCY WITH THIS AGREEMENT.

3. TITLE

You acknowledge that the Application, including any associated written materials and other documentation provided under this Agreement, belongs exclusively to me. Unencumbered title to the Application will, always, remain with me. You agree to protect the Application from unauthorized use, reproduction, distribution or publication in electronic or physical form.

4. WARRANTY AND INDEMNITY

4.1 Warranty. I do not warrant for any content uploaded on the application. I do not warrant, guarantee, accept any condition or make any representation that the Application will meet Your requirements or that the use of the Application will be uninterrupted or error-free. No other verbal or written information provided by me will create a warranty or in any way increase my liability, and You will not rely on such information.

4.2 Disclaimer. There are no warranties for services provided on the Application, if any. I make no express representations or warranties or accept any conditions except those expressly stated in section 4.1 above. I disclaim all other representations, warranties and conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability and fitness for a particular purpose.

OTHER THAN THE WARRANTY ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Foundation MAKE NO OTHER EXPRESS WARRANTIES UNDER THIS AGREEMENT AND DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE.

5. LIMITATION OF LIABILITY AND REMEDIES

5.1 End User shall at its own expense, defend, indemnify and hold harmless (“Indemnifying Party”) I permitted assigns (individually and collectively the “Indemnified Parties”), from and against all losses, claims, costs and expenses and liabilities suffered by the Indemnified Parties arising directly on account of (a) any wrongful actions of the Indemnifying Party or the irrespective employees, agents and representatives or out of breach of this EULA; (b) violation of any applicable law; (c) negligence, wilful misconduct, or wrongful act or omissions in connection with the Application, or (d) any third party claim which may arise against me in relation to third party agreement (e) any use by End User of the Application in a manner which infringes or violates the Intellectual Property Rights 

5.2.In no event will we be liable for any losses or damages incurred by Indemnifying Party, whether direct, indirect, incidental, special, exemplary or consequential, including lost or anticipated profits, savings, interruption to business, loss of business opportunities, loss of business information, the cost of recovering such lost information, the cost of substitute intellectual property or any other pecuniary loss arising from the use of, or the inability to use, the Application regardless of whether you have advised me or I have advised you of the possibility of such damages. The foregoing limitations apply regardless of the cause or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract (including fundamental breach or breach of a fundamental term).

5.3 Dispute resolution – You acknowledge that I possess valuable confidential and proprietary information, including trademarks and business practices, which would be damaging to me if revealed. You further acknowledge and agree that it is preferable to resolve all disputes between us and you confidentially, individually and in an expeditious and inexpensive manner. I and you accordingly acknowledge and agree that private dispute resolution is preferable to court actions. Before commencing any arbitration in the manner set out in section 5.3 below, I and you shall first attempt to resolve any dispute or differences between the both of us by way of good faith negotiation. The good faith negotiation shall commence by each of us and you communicating our position regarding the complaint, claim, dispute or controversy to the other party, and how the both of us should resolve the dispute. I and you shall then make good faith efforts to negotiate a resolution of the claim, dispute or controversy. Neither I nor you shall commence any arbitral proceedings unless and until the good faith negotiation fails.

5.3 Arbitration- That any dispute or difference arising between the parties arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be resolved amicably in the first instance at the operative levels of the two parties. Unresolved disputes or differences shall be referred to arbitration wherein the arbitrator shall be appointed after mutual agreement of the parties. The arbitration shall be governed by the provisions of Arbitration and Conciliation Act, 1996, as amended. That the arbitration award shall be final and binding upon the parties. The Venue of arbitration shall be Bangalore and that the language of arbitration shall be English.

6. SUCCESSORS AND ASSIGNS

Successors and Assigns. You may not assign your rights and duties under this Agreement to any party at any time. This Agreement will ensure to the benefit of and will be binding on Us and our respective successors and permitted assigns. In the event of corporate merger, amalgamation, divestiture or asset sale, we will have the right to transfer and assign Our rights and obligations hereunder to any third party (the “Assignee”), upon written notice to You, provided that I cause the Assignee to agree in writing to all the terms contained in this Agreement.

7. UPGRADES

Upgrades. Other than our obligation under Section 2.2, I shall have no other obligations to provide updates or support services to You. Obligations or expectations regarding product upgrades, enhancements, support or remedies for errors, defects or deficiencies will be limited to those expressly set forth in a separate agreement between Us and You. In the absence of such an agreement between Us and You, we will use reasonable efforts to provide ongoing support and remedies to identified errors and defects, on a time and material basis, at mine then current commercial rates.

8. CONFIDENTIALITY

8.1 Confidentiality. You acknowledge that the existence of this Agreement, the terms and conditions hereof, the transactions contemplated hereby and other information, including, without limitation, customer, technical and financial information that they have received or will receive in connection with this Agreement, is considered private and confidential (the “Confidential Information”). You will use reasonable diligence and in no event less than the degree of care which We use in respect to our own confidential and proprietary information of like nature, to prevent the unauthorized disclosure, reproduction or distribution of such Confidential Information to any other individual, corporation or entity. Such Confidential Information will exclude:

(a) information that is already in the public domain.

(b) information already known to the receiving party, as of the date of the disclosure, unless the receiving party agreed to keep such information in confidence at the time of its original receipt.

(c) information hereafter obtained by the receiving party, from a source not otherwise under an obligation of confidentiality with the disclosing party.

(d) information that the receiving party is obligated to produce under order of a court of competent jurisdiction, provided that the receiving party promptly notifies the disclosing party of such an event so that the disclosing party may seek an appropriate protective order.

9. TERM

The term of this Agreement will commence on the date of Your agreement to these terms and shall continue for the same term as the Usage of this Application.

10. GENERAL

    1. Consents. Any consent required under this Agreement will not be unreasonably withheld.
    2. Equitable Relief. You agree that any breach of this Agreement by You would cause irreparable damage, and that, in event of such breach, in addition to any and all remedies at law, I will have the right to an injunction, specific performance or other equitable relief to prevent the continuous violations of the terms of this Agreement along with damages.
    3. Relationship of the Parties. This Agreement does not constitute a partnership or joint venture, and nothing herein contained is intended to constitute, nor will it be construed to constitute, such a partnership or joint venture and further You will not have any power or authority to act in the name or on behalf of the other party, or to bind the other party to any legal agreement.
    4. Severability. The provisions of this Agreement are to be considered separately, and if any provision hereof should be found by any court or competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision were severed from this Agreement.
    5. Number and gender. Where the context permits, the singular includes the plural, and the masculine includes the feminine and vice versa.
    6. Force Majeure. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party’s control if that party makes reasonable efforts to perform (“Force Majeure Event”).
    7. Publicity. You agree that I may publicly disclose that it is providing the User the usage of the Application and may use it in promotional materials, including press releases, provided that I does not state or imply that User endorses the Application. User may not issue any press release or publicity regarding the Agreement, use my name or logo or other identifying indicia, or publicly disclose that it is using the Application without my prior written consent.
    8. Privacy. The Application may collect and use personal data in accordance with the Privacy Policy of mine, which is available at [Privacy Policy URL]. By using the Application, you consent to the collection, use, and sharing of your personal data as described in the Privacy Policy.
    9. Notices. All notices and communications required or permitted under this Agreement will be in writing and will be sent by registered or certified mail, postage prepaid, return receipt requested, facsimile transmission (the “Fax”), with confirmed answer back, or electronic mail, with confirmation of receipt, to Us or You at the respective addresses I provide to each other or to such other address as I’m or You may from time to time specify by notice to the other given as provided in this paragraph. In my case,

My address is

Mr. Arun Das. R

c/o Vimal Das. R,

No.19,12th Cross,

Nagapp Reddy Layout,

Ramamurthy Nagar,

Bengaluru,

Karnataka-560016 and email: Info@sacredconnect.org

A notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

11. GOVERNING LAW, JURISDICTION, DISPUTE RESOLUTION AND INTERIM RELIEF

11.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.

11.2 If any dispute, controversy or claim among the Parties arises out of or in connection with this Agreement, including the breach, termination or invalidity hereof (“Dispute”), the Parties shall use all reasonable endeavors to negotiate, with a view to resolve the Dispute amicably. The Parties agree that the Dispute shall first be referred to mediation at Bangalore. In the event, the Parties are unable to arrive at an amicable settlement within sixty (60) days of commencement of the mediation, which time limit is extendable by mutual agreement, the Parties agree that the Dispute(s) will be submitted for resolution to a binding arbitration in accordance with the Section 5.3 supra. No Party may commence any court proceedings or arbitration in relation to any Dispute arising out of this Agreement until it has attempted to settle the Dispute through mediation. 

    1. Subject to the foregoing, the courts at Bangalore shall have exclusive jurisdiction.
    2. Without prejudice to remedies available to the Customer under the applicable law or under this Agreement, the Customer may seek interim relief or any other appropriate equitable remedy under the applicable law, including an injunctive relief
    3. Revisions to this Agreement. We may at any time revise the terms of this Agreement by updating these terms and by providing notice to you of that change.
  1. Entire Agreement.

This Agreement and my Privacy Policy and Terms of Use constitute the entire agreement between you and myself with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

  1. Waiver.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

  1. HOW YOU CAN CONTACT US

If You have any comments or questions about the collection, use or disclosure of Your Personal Data or this Agreement, please contact me in writing at the address below:

Data Protection Officer

Name. Arun Das. R

Address: c/o Vimal Das. R,

No.19,12th Cross,

Nagapp Reddy Layout,

Ramamurthy Nagar,

Bengaluru,

Email:  Info@sacredconnect.org


Telephone no: +91 8123639615

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