Acceptance of Terms of Use

Update: January 16, 2023


Thank you for choosing Kala Pte. Ltd. (“Kala” “we” or “us”). We provide services on the Internet through mobile Bible software applications for iOS and Android (“Mobile Apps”). The following terms and conditions (together with any other documents referred to in them) (“Terms of Use”) apply to your use of the Mobile Apps, including any related product, mobile software application, service, content or functionality offered on or through the Mobile Apps (individually “Kala Service” and collectively, “Kala Services”).

Please read these Terms of Use carefully before you start to use any Kala Service. By using or accessing any Kala Service, you accept and agree to abide by these Terms of Use and our Privacy Policy found and incorporated herein by this reference. You agree that Kala will process your personal data in accordance with the Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must cease using all Kala Services. Violation of the Terms of Use should be reported via email to [email protected].

We may revise and update these Terms of Use and/or Privacy Policy from time to time in our sole discretion and such revisions and updates will be effective immediately upon being posted on the Kala Services. We will use good faith efforts to notify you of any revisions and updates to these Terms of Use. Your continued use of any Kala Service following the posting of revised Terms of Use means that you accept and agree to the changes.

Description of Services


Kala offers a variety of products and services. We develop mobile Bible software for users to read, study and share the Bible - products. Features available to some or all Kala Service users may be different than features offered to other Kala Service users, for example, although our Website provides users a web experience similar to services, features, and content similar to our Mobile Apps, in some cases, our Website will have services, features and content not available on our Mobile Apps. All of our products and services are covered by our Privacy Policy, which describes how we collect, use and disclose your information. By using any of Kala Services, you are accepting and agreeing to the Terms of Use and Privacy Policy.

Registration and Account Security


You are not required to register or create an account in order to use the Website or Mobile Apps. If you do not register or create an account, certain features and functionality will not be available to you when using Kala Services.

By using Kala Services, you are agreeing to make the following commitments relating to registration and security:


Links from the Kala Services


If Kala Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements and other advertising media. We have no control over the contents of those sites or resources, and accept

no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or services linked to Kala Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.

Devices and Connectivity


You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile services, and other services needed for your access to and use of the Kala Services and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Kala Services.

By using Kala Services, you agree that Kala may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Kala Services. For instance, a Kala Service may access and read accounts, data and/or content on your device, add metadata to your device, and change settings of your device, for reasons such as showing you the location of things near you; saving images, sound files and

writing usage logs to the device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for Kala Service operations; and to provide you notice when you are not connected to a network, but in each case subject to the Privacy Policy. You consent to these activities by installing or otherwise using a Kala Service and by agreeing to these Terms of Use and the Privacy Policy. Your device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with a Kala Service by uninstalling a Kala Service.

When using the Kala Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with Kala Service.

Geographic Restrictions


We are based in Hong Kong. We make no claims that Kala Services or any of its content is accessible or appropriate outside of Hong Kong. Access to Kala Services may not be legal by certain persons or in certain countries. If you access Kala Services from outside Hong Kong, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES


You understand that we cannot and do not guarantee or warrant that any of the Kala Services (or content therein) will be free of viruses, safe, secure, error-free or that any Kala Service will always function without disruption, delays or imperfections. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Kala Services, if applicable, for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY Kala SERVICE (OR ITEMS OBTAINED THROUGH ANY SUCH Kala SERVICE OR TO YOUR USE OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR SERVICES LINKED TO IT).

YOUR USE OF Kala SERVICES, ITS CONTENT AND ANY SERVICES OR SOFTWARE OBTAINED THROUGH A Kala

SERVICE OR APP STORES IS AT YOUR OWN RISK. Kala SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH Kala SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Kala NOR ANY PERSON ASSOCIATED WITH Kala MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF Kala SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Kala NOR ANYONE ASSOCIATED WITH Kala REPRESENTS OR WARRANTS THAT Kala SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH Kala SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY Kala SERVICE OR THE SERVER INFRASTRUCTURE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY Kala SERVICE OR ITEMS OBTAINED THROUGH ANY SUCH Kala SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Kala HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,

INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY


IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Kala, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, Kala SERVICES, WHICH INCLUDES WITHOUT LIMITATION, THE WEBSITE, MOBILE APPS AND (A) ANY WEBSITE OR SERVICES LINKED TO THERETO, (B) ANY CONTENT ON Kala SERVICES OR ON SUCH OTHER WEBSITES OR ANY OTHER SERVICE LINKED THERETO, (C) ITEMS OBTAINED THROUGH SUCH Kala SERVICES AND (D) ANY SERVICE OR FUNCTIONALITY RELATED TO Kala SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,

EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE EXCEED $100.00 (US DOLLARS).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF


TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF Kala SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE,

APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY Kala (INCLUDING YOUR USER CONTRIBUTION) OR A LICENSOR OF Kala.

Indemnification


You agree to defend, indemnify and hold harmless Kala, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses and fees (including reasonable attorney’s fees) resulting from your violation of these Terms of Use or use of the Website, including, without limitation, any use of the content, services and products related to Kala Services other than as expressly authorized in the Terms of Use or your use of any information obtained from any of the Kala Services.

Governing Law and Jurisdiction


Subject to the arbitration provision below, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or Kala Services shall be instituted exclusively in thecourts of Hong Kong. You hereby agree to the exclusive jurisdiction and

venue of such courts and irrevocably waive any argument based on inconvenient forum.

Limitation on Time to File Claims


ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR PRIVACY POLICY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability


No waiver of the Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement


The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Kala Pte. Ltd. with respect to Kala Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Kala Services.

Your Comments and Concerns; Contact Us at: [email protected]