Kooply ZYP ("Kooply", "us", "our", or "we"), a company incorporated in the State of Israel with Company No.516471851 allows its users to play mobile games that are part of the Kooply Universe through its interconnected mobile applications ("Kooply Universe" and "Apps") and to develop levels, experiences or models in connection with games. These Terms of Service ("Terms") govern your access to the Kooply Universe and use of the Apps. Our Privacy Notice www.kooply.com/privacy_policy.html ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means an individual accessing the Kooply Universe or using the Apps.

When using multiple Apps that form part of the Kooply Universe, certain benefits, such as settings, avatars, levels achieved, and purchases might transfer between the different Apps.

Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use any Apps.

Use of Apps.

Subject to these Terms, Kooply allows you to access the Kooply Universe and use the Apps on a non-exclusive basis. Kooply may, at its sole discretion and at any time, modify or discontinue providing any Apps or any features of the Kooply Universe or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of any App or features.

Use of and access to Apps is void where prohibited by law. You represent and warrant that (a) you have provided accurate information about your birth year and you have the ability to form a binding contract; (b) if you are under the age of 18, you have your parents' consent to access the Apps; (c) your use of the Apps does not violate any applicable law, regulation, or obligation you may have to a third party; and (d) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Apps.

You can access the Apps without registration. You may be able to access the Apps by logging in with your Google or Play Login account and/or other third-party login accounts, as may be available from time to time ("Third-Party Login Account"). By accessing the Apps through a Third-Party Login Account, you represent and warrant that such Third-Party Login Account is yours and that you have full rights to and consent to provide us with the information in your Third-Party Login Account.

You agree to notify us immediately of any unauthorized use of any of the Apps or the Third-Party Login Account to the extent you have accessed the Apps through your Third-Party Login Account. You are fully and solely responsible for the security of your mobile device and all use of the Apps on your device, even if such activities were not committed by you. To the fullest extent permitted by applicable law, we will not be liable for any losses or damage arising from unauthorized use of Apps from anyone using your device and/or Third-Party Login Account, and you agree to indemnify and hold us harmless for any such unauthorized, improper or illegal use, including and any charges and taxes incurred. If you have notified us via e-mail at hello@kooply.com that your device and/or Third-Party Login Account has been compromised and have requested that we block access to the App from your device, we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Apps.

As part of the registration process, you may be asked to create a username or one may be generated for you. If you create your own username, we recommend that you do not include your actual name or any details that may allow others to identify you. We are unable to control the actions of any other users or what they may do with personally identifying details about you.

We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through any of the Apps. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with any of the Apps.

Any suspension or termination of these Terms shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.

Fees and Payment.

Use of certain Apps may be subject to payment of a fee for download, as may be listed within the app store or other platform from which Apps are downloaded ("Store") or as shall otherwise be communicated to you. You may also be offered the opportunity to make in-app purchases within the Apps. We may waive or reduce the applicable fee at our discretion.

You agree to pay us the applicable fees as detailed in the relevant App. All payments will be made by way of the applicable Store and you shall be subject to terms and conditions governing use of the Store's services and the Store's Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services. You may be asked to provide customary billing information such as name, billing address, and debit, credit card, or other personal details requested by the Store.

Where applicable, taxes may also be charged. All payments are exclusive of any taxes, except otherwise provided. Refunds will be handled in accordance with the applicable Store's refund policy.

Unless otherwise agreed in writing, Kooply will have no payment obligations toward you in respect of any levels, experiences, models, or features that you develop in connection with the Apps or games or the assignment of the rights thereto.

Content.

Certain types of content may be made available through the Apps. "Content" as used in these Terms means, collectively, all content on or made available through any of the Apps in the Kooply Universe, including any User Content (as defined below) provided by any users. KOOPLY DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT.

You understand that Content in the Apps (including User Content) comes from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, appropriateness, or infringement of any intellectual property rights of or relating to the User Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.

User Content

Kooply allows you and other users to provide certain types of content through the Apps, including comments, ratings, new levels, experiences, models, or features, and any modifications or derivatives of the foregoing ("User Content").

KOOPLY DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY USER CONTENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH USER CONTENT. KOOPLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO KOOPLY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE APPS OR OTHERWISE.

User Content Restrictions

Kooply has no obligation to accept, display, or maintain any User Content. Moreover, Kooply reserves the right to remove and permanently delete any User Content uploaded by you without notice and for any reason. You are and shall remain fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide complies with applicable law and that you have all necessary rights, licenses, consents, and authorities required to provide such User Content. Any User Content provided through the Apps shall not be considered confidential and may be disseminated by Kooply without compensation to you.

Without limiting the above, you agree that you will not transmit, submit or upload any User Content or act in any way that:

restricts or inhibits use of the Apps;
violates the legal rights of others, including defaming, abuse, stalking or threatening users or individuals;
infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party;
is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
does not comply with all applicable laws, rules and regulations;
posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following:

material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity),
material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening,
pornography or obscene material,
any virus, worm, trojan horse, or other harmful or disruptive component; or
anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.

Kooply may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Kooply reserves the right to treat User Content as content stored at the direction of users for which Kooply will not exercise editorial control except when violations are directly brought to Kooply's attention.

It is possible for others to obtain Personal Data about you due to your use of the Apps, including through any User Content that you make available through your account. Anyone viewing User Content may use information you provided through such User Content for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose through the Apps or through any User Content by any user or any third party. By making any information available through the Apps you acknowledge that you understand and have agreed to such risks.

Use Restrictions. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Apps without our prior written authorization, including framing or mirroring any part of the Apps; (2) circumvent, disable, or otherwise interfere with security-related features of the Apps or features that prevent or restrict use or copying of any Content; (3) use the Apps or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Apps; and/or (5) use the Apps or content thereon in any manner not permitted by these Terms.

Intellectual Property.

Kooply or its licensors, as the case may be, have all right, title and interest in the Apps and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Apps for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Apps, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or in any App should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Kooply or any third party. If you provide Kooply with any feedback regarding any content on the Apps, Kooply may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

By submitting any User Content, you irrevocably assign to Kooply all of your right, title and interest in and to any and all User Content. To the extent any of the right, title and interest in and to the User Content cannot be assigned to Kooply, you hereby grants to Kooply an exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sublicensees) to use fully, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to make, use, sell, offer for sale, import, have made, and have sold, the User Content.

Kooply's policy is not to infringe upon or violate the intellectual property rights or other rights of any third party. Kooply will refuse to use and remove any User Content provided that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 ("DMCA"), Kooply will remove any User Content if properly notified that such material infringes third party rights and may do so at its sole discretion and at any time, without prior notice to users. Kooply's policy is to terminate the accounts of repeat infringers in appropriate circumstances.

You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.

If you believe that something appearing on the App infringes your copyright, you may send us a notice requesting that we remove or block access to it. If you believe that such a notice has been wrongly filed against you, the DMCA allows you to send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. We suggest consulting with your legal advisor before filing a notice or counter-notice. Note that there can be substantial penalties for false claims. Notices and counter-notices can be sent to us at hello@kooply.com.

Disclaimers and Disclaimer of Warranty

All information and content posted on the Apps is for informational purposes only and Kooply provides no guarantees with respect thereto. Your use of Apps is at your sole discretion and risk. The Apps and Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that any Apps will be of good quality or useful for your needs.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APPS OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPS; (II) THAT THE APPS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE APPS.

No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability.

In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Apps. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Apps. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person's mobile device or computer, resulting from use of the Apps or from any Content.

IN NO EVENT SHALL KOOPLY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPS, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE CONTENT PROVIDED AS PART OF OR THROUGH THE APPS, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT KOOPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID IN RESPECT OF THE APPS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT MADE ANY PAYMENTS IN RESPECT OF THE APPS, THEN KOOPLY SHALL NOT HAVE ANY LIABILITY TOWARD YOU.

Indemnification. You agree to indemnify, defend, and hold harmless Kooply and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys' fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) Apps; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.

Third-Party Content. The Apps may provide you with links (including, without limitation, advertisements) to websites, applications, and services of third parties. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites, applications and services is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through third-party websites and applications or for the privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.

Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Kooply or enables you to act on behalf of Kooply. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.

Last updated: January 2024