END USER LICENSE AGREEMENT

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE MALIBU MOBILE APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT DOWNLOAD OR USE THE SOFTWARE OR USE THE SERVICES.

This end-user license agreement (this “EULA”) is between you (“you”), as either an individual or as a business entity, and GroupUp, Inc. (“Company,” “we,” “us,” or “our”) governing your use of all software applications the Company makes available for download, including but not limited to the Malibu mobile application (each, an “App” and together, the “Apps”), and the related website located at malibu.gg and/or any other website(s) owned or controlled by or on behalf of Company (collectively, the “Websites,” and collectively with the Apps, the “Service”).

In consideration for your use of the Service, you agree as follows:

  1. Company’s license

  2. General Terms And Conditions

  3. User Account

  4. User Content

  5. Privacy Policy

  6. Dispute Resolution

  7. Limitation Of Liability; Disclaimer Of Warranties

  8. Indemnification

  9. Third Party Disputes

  10. Term And Termination Of The EULA

  11. Consent To Electronic Communications

  12. Miscellaneous

  13. Contact