User agreement page

2025 Kohavi, Inc. Polygon Mayhem Mobile Application End User License Agreement

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Kohavi, Inc. (“Company”). This Agreement governs your use of Polygon Mayhem on the Apple Play Store and Google Play Store (together with all related documentation, the “Application”). The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON/DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO THIS BINDING AGREEMENT, AND (C) ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE (AS DEFINED BEL0W).

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, nonexclusive, and nontransferable license to:

(a) download, install, and use the Application for your personal, non-commercial use on a single Smartphone using Android OS, iPhone and iPad, iWatch, and other Apple devices using Apple IOS owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation and instruction; and

(b) access, stream, download, and use the Application’s content and services on such Mobile Device made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the terms applicable to such content and services as addressed in Section 5.

2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:

(a) copy the Application, except as expressly permitted by this Agreement;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights’ notices from the Application, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including, but not limited to, by making the Application available on a network where it is capable of being accessed by more than one device at any time;

(f) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including, but not limited to, in order to monitor or copy any of the material on the Application, including, but not limited to, any of the content and services offered on the Application;

(g) use any manual process to monitor or copy any of the material on the Application, or use the Application for any other purpose not expressly authorized in this Agreement, without Company’s prior written consent; 2

(h) frame, mirror, or otherwise incorporate the Application or any portion of the Application or any content and services available on the Application as part of any other mobile application, website, or service;

(i) use the Application or any of its content and services in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application;

(j) remove, disable, circumvent, or otherwise create or implement any workaround to any copyright protection, rights management, or security features in or protecting the Application or any of its content and services; or

(k) use the Application and any of its content and services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems, aircraft navigation or communication systems, air traffic control systems, or any other transport management systems, safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems, and military or aerospace applications, weapons systems, or environment.

3. Reservation of Rights. You acknowledge and agree that the Application and any of its content and services are provided under license and not sold to you. You do not acquire any ownership interest in the Application or any of its content and services by use of the Application or under this Agreement, or any other rights thereto other than to use the Application and any of its content and services in accordance with the license granted, and subject to all terms, conditions, and restrictions under this Agreement. Company and its licensors and service providers reserve and shall retain its/their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

1. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application and any of its content and services, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application and any of its content and services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy displayed in the Application and available here: https://unity.com/legal/game-player-and-app-user-privacy-policy . By downloading, installing, using, and providing information to or through this Application, you hereby expressly consent to all actions taken by us with respect to your information in compliance with the Privacy Policy https://unity.com/legal/game-player-and-app-user-privacy-policy

2. Geographic Restrictions, Limitations on Liability, and Right to Indemnification. The content and services available through the Application are based in the State of California in the United States and Company expressly provides for access and use of the Application only by persons located in the United States. You acknowledge that you may not be able to access the Application or all or some of its content and services outside the United States and that access thereto may not be legal in certain countries or by certain persons outside the United States. If you choose to access the Application and its content and services from outside the United States, you are responsible for compliance with all laws pertaining to such use outside the United States and, by using the Application in such locations, agree to hold Company harmless and fully indemnify it for any losses or damages caused by such use.

3. Updates. Company may from time to time, in its sole and absolute discretion, develop and provide Application updates, which may include upgrades, improvements, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Application and any of its 3 content and services. You agree Company has no obligation to provide any Updates or to continue to provide the Application or enable any features or functionality relating thereto. If Company does decide to implement an Update, then, based on your Mobile Device settings, when your Mobile Device is connected to the internet, either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install any available Updates. You understand and agree the Application or portions thereof may not operate properly should you fail to download any Updates and agree to hold Company harmless from your failure to download any available updates. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

4. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) and/or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for any of the content on or actions relating to such Third-Party Materials, including, but not limited to, their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. By accessing any such Third-Party Materials, you agree Company does not assume and will not have any liability or responsibility to you or any other person or entity for your decision to access or use any ThirdParty Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you agree your decision to access and use them is done entirely at your own risk.

5. Term and Termination.

(a) The term of this Agreement commences when you download/install the Application and acknowledge your acceptance of the terms of this Agreement and will continue in effect until terminated by you or Company as set forth in this Section 5.

(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

(c) Company may terminate this Agreement at any time without notice to you if it ceases to support the Application, which Company may do in its sole and absolute discretion at any time without any advance notice to you, or for any other unforeseen reasons. In addition, this Agreement will terminate immediately and automatically without any notice to you if, upon notice from Company, you fail to immediately, but in no more than two (2) days, cure any notice from Company relating to your violation of any of the terms and conditions of this Agreement.

(d) Upon termination:

(i) all rights granted to you under this Agreement will also terminate; and

(ii) you must immediately cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

(e) Termination does not limit any of Company’s rights or remedies at law or in equity.

6. Disclaimer of Warranties. THE APPLICATION IS PROVIDED BY COMPANY TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND EACH OF ITS AND THEIR RESPECTIVE LICENSORS AND 4 SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES, FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR

(b) DIRECT OR ANY OTHER DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

8. Indemnification. You agree to indemnify, defend, and hold harmless Company and each of its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, but not limited to, reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application and/or your breach of this Agreement, including, but not limited to, the content you submit or make available through this Application.

9. Export Regulation. The Application may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply at all times during your use of the Application with all applicable United States federal and state laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States.

10. United States Government Rights the Application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are 5 defined in the United States Code of Federal Regulation (“C.F.R.”), Title 48, Section 2.101 (21 CFR § 2.101). Accordingly, if you are an agency of the United States government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the United States Department of Defense and its contractors, or (b) 48 C.F.R. § 12.212, with respect to all other United States Government licensees and its contractors.

11. Severability. If any provision of this Agreement is deemed by a court of law to be illegal or unenforceable under any applicable law, then, to the fullest extent possible, the remainder of such provision will be deemed amended to achieve as closely as possible the intended effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any material term or provision of this Agreement, including without limitation,[insert material terms here] is deemed invalid, illegal, or unenforceable, the remainder of this Agreement shall be rendered unenforceable.

12. Governing Law. This Agreement and your use of the Application is governed by and shall be construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

13. DISPUTE RESOLUTION / AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. WE EACH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO OUR SERVICES, PRODUCTS, THESE TERMS, INCLUDING OUR PRIVACY POLICY, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF OR THE USE OF THE CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE APPLICATION (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY CONFIDENTIAL BINDING ARBITRATION, EXCEPT THAT each party retains the right to: (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Los Angeles, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

You acknowledge and agree that both you and Company are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then then entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of this Agreement.

ARBITRATION RULES. The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at https://www.jamsadr.com/ or by calling 1-800-352-5267. The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.

DISPUTE NOTICE AND ARBITRATION PROCESS. Prior to initiating any arbitration proceeding, you must first send Company a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (“Dispute Statement”). The Dispute Statement to Company must be emailed to support@kohavi-incl.com. If we are unable to resolve your claim within thirty (30) days, then the party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures. An arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes relating to Company’s services and products, including the Application, as well as all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, the arbitrability of 6 any claim, as well as any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action if an IP Protection Action.

ARBITRATION LOCATION AND PROCEDURE. Unless the parties agree otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, the parties may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR’S DECISION. The arbitrator’s decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator’s award of damages must be consistent with the term of the “Disclaimer of Warranties” and “Limitations of Liability” sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in the arbitration.

FEES. Company will pay or (if applicable) reimburse you for all JAMS filing, administrative, and arbitration fees for any arbitration commenced by you or Company pursuant to this Agreement. RIGHT TO OPT-OUT OR REJECT FUTURE CHANGES TO DISPUTE RESOLUTION SECTION. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter to Company at 5227 Andasol Ave, Encino, CA 91316, or by email to support@kohavi-inc.com within thirty (30) days of your first visit and use of the Application that specifies your: (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of this Agreement will continue to apply. If you do not so opt-out, then the terms of this “Dispute Resolution” section will apply. If Company changes this “Dispute Resolution” section after the date you first accept the terms of this Agreement (or accepted subsequent changes to the terms of this Agreement), you may reject any such change by sending Company written notice (including by email to support@kohavi-inc.com within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with this “Dispute Resolution” section as of the date you first accepted the terms of this Agreement (or accepted any subsequent changes to the terms of this Agreement).

14. Limitation of Time to File Arbitration Demand. ANY CLAIM OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and your use thereof and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

16. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or power hereunder shall or does 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.