Kōkua End User License Agreement

1. Agreement

This End User License Agreement ("EULA") is a legal agreement between you ("you" or "User") and Naloku LLC ("Naloku," "we," "us," or "our") concerning the Kōkua Messaging application and any updates, supplements, or related services that Naloku makes available (collectively, the "App"). By installing, copying, or using the App, you accept this EULA. If you do not accept this EULA, do not install or use the App.

The App's privacy practices are described in the Kōkua Privacy Policy, which is incorporated by reference. To the extent there is any conflict between this EULA and the Kōkua Privacy Policy with respect to privacy practices, the Privacy Policy controls.

2. Distribution channels

The App is distributed through three channels, and certain provisions of this EULA apply differently depending on the channel by which you obtained the App:

• (a) the Apple App Store, operated by Apple Inc. ("Apple"). For App Store distributions, the additional Apple-specific provisions in Section 16 apply.
• (b) the Google Play Store, operated by Google LLC ("Google"). For Play Store distributions, the additional Google-specific provisions in Section 17 apply.
• (c) the F-Droid free and open-source software repository ("F-Droid"). For F-Droid distributions, the additional F-Droid-specific provisions in Section 18 apply, including the open-source license under which the F-Droid build is made available.

3. License grant

Subject to your compliance with this EULA, Naloku grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App for your own personal, non-commercial purposes on any device that you own or control and that meets the App's stated technical requirements. The license is provided to you, not sold, and Naloku and its licensors retain all rights not expressly granted.

4. Restrictions

You agree not to:

• (a) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction or by an applicable open-source license that governs the F-Droid build;
• (b) modify, adapt, or create derivative works based on the App, except as permitted by an applicable open-source license that governs the F-Droid build;
• (c) remove, alter, or obscure any copyright, trademark, or other proprietary-rights notice in or on the App;
• (d) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or your rights under this EULA, except that Apple-distributed copies of the App may be transferred together with the underlying Apple-branded device on which the App was installed, in accordance with Apple's media services and product terms;
• (e) use the App for any unlawful purpose or in violation of any applicable law, including laws governing the export of cryptographic software (see Section 11);
• (f) use the App to send unsolicited bulk communications or to harass, threaten, defraud, or harm any other person;
• (g) interfere with or disrupt the App, the Naloku Relay, the public-channel directory, or any other infrastructure operated by Naloku, or attempt to gain unauthorized access to any of the foregoing or to any account or system not made available to you by Naloku;
• (h) use the App to transmit malicious code, viruses, worms, or other harmful components;
• (i) use any automated means (including bots or scrapers) to interact with the App in a manner that materially burdens the App or the Naloku Relay, except for your own personal use of the App as designed.

5. Account, identity, and content

The App does not require an account with Naloku. The App generates cryptographic identity material on your device and stores it locally; possession of that material is what allows you to use your Kōkua identity.

You retain all rights in messages, files, and other content you create, send, or receive through the App ("User Content"). You are solely responsible for your User Content and for any consequences of sending or sharing it. Naloku does not have access to the plaintext of your User Content (see the Kōkua Privacy Policy). You represent and warrant that you have all rights necessary to send any User Content you transmit through the App.

You are solely responsible for safeguarding your device, your device passcode and biometric credentials, and any backups you choose to enable. The App's privacy and security commitments depend on your device not being compromised; see Section 4 of the Kōkua Privacy Policy for the conditions under which the privacy commitments hold.

6. Subscriptions, in-app purchases, and pricing

The App offers a free tier and a paid tier ("Kōkua Premium"). The free tier includes the App's core privacy-preserving messaging functionality and is supported, on App Store and Play Store distributions, by non-personalized banner advertisements as described in the Kōkua Privacy Policy. Kōkua Premium removes those advertisements and unlocks features that require Naloku-operated central infrastructure.

All Kōkua Premium subscriptions and in-app purchases are processed by Apple (for App Store distributions) or Google (for Play Store distributions). Purchase prices, billing terms, and refund policies are governed by the relevant store's terms. Naloku does not directly process payment cards or other payment instruments and does not directly issue refunds for store-processed transactions.

F-Droid distributions of the App do not support in-app purchases. F-Droid users have access to the free tier; Kōkua Premium is not available on the F-Droid distribution channel.

You may cancel a subscription at any time through your relevant app-store account. Cancellation will not affect entitlements you have already paid for.

7. Updates

Naloku may release updates, upgrades, patches, or new versions of the App from time to time. Updates may add, modify, or remove features and may include security-relevant changes. Updates are delivered through the relevant app store or, for F-Droid distributions, through F-Droid. Continued use of the App after an update constitutes acceptance of the update.

8. Intellectual property

As between you and Naloku, the App (including all software, designs, marks, and branding, but excluding User Content and excluding any third-party open-source components subject to their respective licenses) is the property of Naloku LLC and its licensors. The marks "Naloku" and "Kōkua" are trademarks of Naloku LLC.

The App may incorporate open-source software components. Each such component is licensed under its own open-source license. The notices and license texts for each component are made available within the App or in an accompanying notice file. Nothing in this EULA limits any rights granted to you by an applicable open-source license, and where this EULA conflicts with an applicable open-source license with respect to a component, that open-source license controls with respect to that component.

9. No warranty

Some jurisdictions do not allow the disclaimer of certain implied warranties; in those jurisdictions the disclaimers above apply to the maximum extent permitted by applicable law.

10. Limitation of liability

Some jurisdictions do not allow the limitation or exclusion of certain damages; in those jurisdictions the foregoing limitations apply to the maximum extent permitted by applicable law.

11. Export control and encryption

The App contains strong cryptographic functionality and is classified as mass-market encryption software under United States export control regulations. By using the App, you represent and warrant that:

• (a) you are not located in any country that is subject to a comprehensive United States Government embargo, or that has been designated by the United States Government as a "terrorist-supporting" country;
• (b) you are not on any United States Government list of prohibited or restricted parties (including the Specially Designated Nationals list and the Denied Persons list);
• (c) you will not use the App in violation of any applicable export-control law of the United States or any other jurisdiction.

12. Termination

This EULA remains in effect until terminated. Your rights under this EULA terminate automatically and without notice from Naloku if you fail to comply with any term of this EULA. Upon termination, you must cease all use of the App and uninstall it from your device. Sections 4, 8, 9, 10, 11, 13, 14, 15, and 19 survive termination.

Naloku may suspend or terminate the Naloku Relay or the public-channel directory at any time, in whole or in part. Naloku may decline to deliver an envelope through the Relay if doing so would violate applicable law or this EULA.

13. Indemnification

You agree to indemnify and hold harmless Naloku and its managers, members, agents, and licensors from and against any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to (a) your breach of this EULA, (b) your User Content, (c) your unlawful or unauthorized use of the App, or (d) your violation of any third party's rights. Naloku reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Naloku's defense.

14. Governing law and venue

This EULA is governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The exclusive venue for any action arising out of or related to this EULA or your use of the App is the state or federal courts located in Dallas County or Denton County, Texas, and you consent to the personal jurisdiction of those courts.

If you are a consumer in a jurisdiction whose law provides you a non-waivable right to access courts in your place of residence or whose local consumer-protection law imposes governing-law requirements that would override this Section 14, this Section 14 does not displace those non-waivable rights.

15. Severability and waiver

If any provision of this EULA is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be reformed to the minimum extent necessary to be enforceable. A failure or delay by Naloku to enforce any provision of this EULA is not a waiver of the right to enforce that provision later.

16. Apple-specific provisions (App Store distributions only)

The following provisions apply only if you obtained the App from the Apple App Store. They are required by Apple as a condition of distribution through the App Store. To the extent any provision of this Section 16 conflicts with another provision of this EULA, this Section 16 controls solely with respect to App Store distributions.

• (a) Acknowledgment. This EULA is concluded between you and Naloku, and not with Apple. Naloku, not Apple, is solely responsible for the App and its content.
• (b) Scope of license. The license granted under Section 3 is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the original purchaser via Family Sharing or volume purchasing where Apple permits.
• (c) Maintenance and support. Naloku is solely responsible for providing any maintenance and support services with respect to the App, as specified in this EULA or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• (d) Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Apple and Naloku, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Naloku.
• (e) Product claims. Naloku, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the App's use of any Apple frameworks.
• (f) Intellectual-property rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual-property rights, Naloku, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual-property infringement claim.
• (g) Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• (h) Developer name and address. For Apple App Store distributions, the App developer's name and address for any user notices regarding the App is: Naloku LLC, 2801 Denton Tap Rd Apt 1523, Lewisville, TX 75067, United States, legal@naloku.com.
• (i) Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data services agreement).
• (j) Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

17. Google-specific provisions (Play Store distributions only)

The following provisions apply only if you obtained the App from the Google Play Store.

• (a) Your use of the App is also subject to the Google Play Terms of Service.
• (b) Your in-app purchase of Kōkua Premium through the Play Store is processed by Google. Google's Payments Terms of Service govern the payment, and Google's billing and refund policies apply.
• (c) Google is not a party to this EULA and has no responsibility for the App.

18. F-Droid-specific provisions (F-Droid distributions only)

The following provisions apply only if you obtained the App from F-Droid.

• (a) The F-Droid build of the App is distributed under the open-source license that ships with the F-Droid build (see the App's notice file or repository metadata for the specific license; "F-Droid License"). Where the F-Droid License grants you rights that this EULA would otherwise restrict — including rights to use, study, modify, and redistribute the source code — the F-Droid License controls and prevails over this EULA with respect to those rights.
• (b) F-Droid distributions do not include in-app purchases and do not provide access to Kōkua Premium. F-Droid users have access to the free tier of the App, including use of the universal Naloku Relay (subject to the Privacy Policy and to availability).
• (c) Whether the F-Droid build of the App includes any third-party advertising SDK is determined by the F-Droid build's source repository and F-Droid's anti-features policy.

19. Entire agreement

This EULA, together with the Kōkua Privacy Policy and (where applicable) the Naloku Website Terms of Service, constitutes the entire agreement between you and Naloku concerning the App and supersedes any prior or contemporaneous communications concerning that subject matter, except that an applicable open-source license governing a component of the App or the F-Droid build controls with respect to that component as provided in Section 8 and Section 18(a).

20. Contact

Notices and questions regarding this EULA may be sent to:

• Email: legal@naloku.com
• Postal address: Naloku LLC, 2801 Denton Tap Rd Apt 1523, Lewisville, TX 75067, United States

For Naloku to give you formal notice under this EULA, Naloku may give notice through the App, by email if you have provided one, or by publication on https://naloku.com.