This End User License Agreement (“License Agreement”) is a legal agreement between you (“You” or “End-User”) and HOTPIE (MALAYSIA) SDN. BHD., of F-03-16, IOI Boulevard, Jalan Kenari 5, Bandar Puchong Jaya, 47100 Selangor, Malaysia (“Licensor”, “we”, “us” or “our”), governing your use of the Hotpie Live mobile application (“Licensed Application” or “Hotpie Live”).

By downloading, installing, or using the Licensed Application from Apple’s App Store or Google’s Play Store (collectively, the “Services”), including any updates provided by the Licensor, you agree to be bound by the terms of this License Agreement. If you do not agree, do not download, install, or use the Licensed Application.

The Services (Apple App Store and Google Play Store) are not parties to this License Agreement and are not responsible for the Licensed Application or its content. All responsibility for the Licensed Application rests with HOTPIE (MALAYSIA) SDN. BHD.

This License Agreement will not limit or conflict with the latest Apple Media Services Terms and Conditions or Google Play Terms of Service (the “Usage Rules”). The Licensor acknowledges having had the opportunity to review the Usage Rules and confirms this License Agreement does not conflict with them.

When purchased or downloaded through the Services, Hotpie Live is licensed, not sold, to you. All rights not expressly granted are reserved by the Licensor. The Licensed Application is intended for use on devices operating Apple’s iOS/macOS and Google’s Android operating system (“Devices”).
 

1. THE APPLICATION

Hotpie Live (the “Licensed Application”) is a piece of software created to provide:

A fun, safe way to meet people who share your interests – chat, connect, and build real friendships in a welcoming community.

Hotpie Live is a fun, intuitive dating and social connection app designed to help you connect with people who share your interests and values. Whether you are seeking friendship, romance, or meaningful conversations, Hotpie Live aims to bring you closer to compatible matches through an easy-to-use interface and personalized features.

The Licensed Application is customized for iOS and Android Devices (the “Devices”).

The Licensed Application is not tailored to comply with sector-specific regulations (including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA)). If your intended use is subject to these or similar regulations, you must not use the Licensed Application. You must also not use the Licensed Application in any way that would violate the Gramm-Leach-Bliley Act (GLBA) or other financial and data protection regulations applicable to you.

 

2. SCOPE OF LICENSE

2.1 You are granted a limited, non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on Devices that you own or control, in accordance with the Usage Rules. The Licensed Application may also be accessed and used by other accounts associated with you (e.g., via Family Sharing or volume purchasing) as permitted by the Usage Rules.

2.2 This License also applies to any updates or upgrades to the Licensed Application provided by the Licensor that replace, repair, or supplement the original Licensed Application, unless a separate license is provided for such update. In that case, the terms of that separate license shall govern.

2.3 You may not share, distribute, or make the Licensed Application available to any third party (except as expressly permitted under the Usage Rules and with HOTPIE (MALAYSIA) SDN. BHD.’s prior written consent). You may not sell, rent, lend, lease, or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, decompile, integrate, remove, modify, combine, create derivative works from, or attempt to derive the source code of the Licensed Application or any part thereof, except with HOTPIE (MALAYSIA) SDN. BHD.’s prior written consent or where such restriction is prohibited by applicable law.

2.5 Except where expressly permitted by this License Agreement and the Usage Rules, you may not copy or alter the Licensed Application or any portion of it. You may create and store copies only on Devices you own or control for backup purposes and only under the terms of this License Agreement, the Usage Rules, and any other applicable terms. You may not remove or alter any intellectual property notices. You are responsible for ensuring that no unauthorized third party gains access to such copies. If you sell or transfer a Device to a third party, you must remove the Licensed Application from that Device before doing so.

2.6 Any violation or attempted violation of the obligations above may result in civil and/or criminal liability, including claims for damages.

2.7 The Licensor reserves the right to modify the terms and conditions of this License Agreement at any time, subject to applicable law.

2.8 Nothing in this License is intended to override or restrict applicable third-party terms. When using the Licensed Application, you must ensure that you comply with all applicable third-party terms and conditions (including those of the Services and device manufacturers).

 

3. TECHNICAL REQUIREMENTS

3.1 The Licensed Application requires firmware version 1.0.0 or higher. The Licensor recommends using the latest firmware version available for your Device.

3.2 The Licensor aims to update the Licensed Application from time to time to remain compatible with updated firmware versions and new hardware. However, you have no right to demand or claim such updates.

3.3 You are solely responsible for ensuring that the Device on which you intend to use the Licensed Application meets the required technical specifications.

3.4 The Licensor reserves the right to modify the technical specifications of the Licensed Application at any time, as it deems appropriate.

 

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing maintenance and support services related to the Licensed Application. You may contact the Licensor via the contact details listed in the App Store/Play Store listing or as set out in Section 12 below.

4.2 HOTPIE (MALAYSIA) SDN. BHD. and the End-User acknowledge that the Services (Apple and Google) have no obligation to provide any maintenance or support services with respect to the Licensed Application.

 

5. USE OF DATA

You acknowledge and agree that the Licensor may access, process, and adjust content from your use of the Licensed Application, as well as certain personal information, in accordance with your legal agreements with the Licensor and the Licensor’s Privacy Policy (for example, accessible during registration via the EULA/Privacy section or in the app settings).

You acknowledge that the Licensor may periodically collect and use technical data and related information about your Device, system and application software, and peripherals. This information may be used to:

• provide product support and improve the Licensed Application,
   

• facilitate software updates, and
   

• provide other services related to the Licensed Application.
   

The Licensor may also use such information to improve its products or services, provided that it is used in a form that does not personally identify you (unless otherwise allowed under the Privacy Policy and applicable law).

 

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application may allow you to chat, participate in forums, blogs, message boards, or other interactive features, and to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (“Contributions”), including but not limited to:

• text and writings,
   

• video and audio,
   

• photographs and graphics,
   

• comments and suggestions,
   

• personal information or other materials.
   

Contributions may be visible to other users and may be accessible via third-party websites or applications. Any Contributions you transmit may be treated as non-confidential and non-proprietary.

By creating or making available any Contributions, you represent and warrant that:

1. The creation, distribution, transmission, display, performance, accessing, downloading, or copying of your Contributions does not and will not infringe any proprietary right of any third party, including copyright, trademark, patent, trade secret, or moral rights.
    

2. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users to use your Contributions as described in this License Agreement.
    

3. You have obtained all necessary consents and permissions from any identifiable individuals featured in your Contributions, allowing their name, image, and/or likeness to be used as contemplated by the Licensed Application and this License Agreement.
    

4. Your Contributions are not false, inaccurate, or misleading.
    

5. Your Contributions are not unsolicited or unauthorized advertising, promotional material, chain letters, spam, mass mailings, or similar solicitations.
    

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us in our sole discretion).
    

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any person.
    

8. Your Contributions are not used to harass or threaten any other person and do not promote violence against any person or group.
    

9. Your Contributions do not violate any applicable law, regulation, or rule.
    

10. Your Contributions do not violate the privacy or publicity rights of any third party.
     

11. Your Contributions do not violate any law regarding child protection, including content concerning minors or child exploitation.
     

12. Your Contributions do not contain offensive comments related to race, national origin, gender, sexual orientation, or physical disability.
     

13. Your Contributions do not otherwise violate, or link to material that violates, this License Agreement or any applicable law or regulation.
     

Any use of the Licensed Application that violates the above may result in suspension or termination of your rights to use the Licensed Application, and may expose you to legal liability.

 

7. CONTRIBUTION LICENSE

By posting Contributions in any part of the Licensed Application, or by making Contributions accessible to the Licensed Application (for example, by linking your account to social networking accounts), you grant to the Licensor an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to:

• host, use, copy, reproduce, store, cache, and display your Contributions;
   

• publish, broadcast, distribute, and transmit your Contributions (in whole or in part);
   

• sell, resell, and otherwise exploit your Contributions for any purpose, including commercial and advertising purposes;
   

• prepare derivative works of your Contributions or incorporate them into other works;
   

• grant sublicenses of the foregoing rights.
   

This license includes the right for us to use your name, username, profile, image, voice, company name, franchise name, and any trademarks, service marks, logos, and other identifying information that you provide in connection with your Contributions, in any media now known or later developed.

You waive any moral rights you may have in your Contributions to the fullest extent permitted by law, and you warrant that no moral rights have otherwise been asserted in your Contributions.

We do not claim ownership of your Contributions. You remain the owner of your Contributions and any associated intellectual property rights. However, you acknowledge that you are solely responsible for your Contributions and agree to hold us harmless and refrain from any legal claims against us arising from or relating to your Contributions.

We may, at our sole discretion:

1. edit, redact, or otherwise modify any Contributions;
    

2. re-categorize Contributions to be placed in more appropriate sections of the Licensed Application; and
    

3. pre-screen or delete any Contributions at any time, for any reason, without notice.
    

We have no obligation to monitor Contributions but reserve the right to do so.

 

8. LIABILITY

8.1 The Licensor’s liability for damages is limited to cases of intentional misconduct and gross negligence. In the event of a breach of essential contractual obligations (cardinal obligations), the Licensor may also be liable for simple negligence; however, such liability is limited to foreseeable, typical damages. The foregoing limitation does not apply to liability for death, personal injury, or damage to health.

8.2 The Licensor is not responsible for any damage resulting from your failure to comply with your obligations under Section 2 of this License Agreement, or for any data loss that could have been prevented through reasonable backup measures. You acknowledge that if you alter or manipulate the Licensed Application in any unauthorized manner, you may lose access to it.

 

9. WARRANTY

9.1 The Licensor warrants that, at the time of your download, the Licensed Application is free from spyware, Trojans, viruses, or other malicious code, and that it functions substantially as described in the accompanying documentation.

9.2 No warranty is provided for the Licensed Application if it is:

• not executable on your Device,
   

• improperly installed or handled,
   

• used with incompatible hardware, software, or accessories,
   

• modified, combined, or integrated with other software or hardware without authorization, or
   

• affected by conditions beyond the Licensor’s reasonable control.
   

9.3 You must inspect the Licensed Application promptly upon installation and notify HOTPIE (MALAYSIA) SDN. BHD. of any defects without undue delay, using the contact details provided in Section 12. Defect notices submitted within ninety (90) days of discovery will be considered and investigated.

9.4 If the Licensor confirms that the Licensed Application is defective, HOTPIE (MALAYSIA) SDN. BHD. may, at its discretion, remedy the defect by issuing a fix or providing a replacement.

9.5 In the event of a failure of the Licensed Application to conform to any applicable warranty, you may notify the Services (App Store or Play Store) and request a refund of the purchase price (if any). To the maximum extent permitted by law, the Services shall have no other warranty obligation with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, or costs shall be the responsibility of the Licensor solely to the extent allowed under this License Agreement and applicable law.

9.6 If you are an entrepreneur (business user), any warranty claims shall expire twelve (12) months after the Licensed Application is made available to you. For consumers, statutory limitation periods under applicable law shall apply.

 

10. PRODUCT CLAIMS

HOTPIE (MALAYSIA) SDN. BHD. and the End-User acknowledge that HOTPIE (MALAYSIA) SDN. BHD., and not the Services, is solely responsible for addressing any claims made by you or a third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to:

• product liability claims;
   

• any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
   

• claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of any device or platform APIs (if applicable).
   

 

11. LEGAL COMPLIANCE

You represent and warrant that:

• You are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” country; and
   

• You are not listed on any U.S. Government list of prohibited or restricted parties.
   

 

12. CONTACT INFORMATION

For general enquiries, complaints, questions, or claims concerning the Licensed Application, please contact:

HOTPIE (MALAYSIA) SDN. BHD.
Attn: YONG HAW QUAN
F-03-16, IOI Boulevard, Jalan Kenari 5
Bandar Puchong Jaya, 47100 Selangor
Malaysia

Email: heyutechnologies@gmail.com

 

13. TERMINATION

This License Agreement is effective until terminated by you or by HOTPIE (MALAYSIA) SDN. BHD.

Your rights under this License Agreement will terminate automatically and without notice if you fail to comply with any term of this License Agreement. Upon termination, you must cease all use of the Licensed Application and destroy all copies (full or partial) of the Licensed Application in your possession or control.

 

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

HOTPIE (MALAYSIA) SDN. BHD. represents and warrants that it will comply with all applicable third-party terms of agreement when using the Licensed Application.

In accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google (and their respective subsidiaries) are third-party beneficiaries of this License Agreement. Upon your acceptance of this License Agreement, Apple and Google shall have the right (and shall be deemed to have accepted the right) to enforce this License Agreement against you as third-party beneficiaries.

 

15. INTELLECTUAL PROPERTY RIGHTS

HOTPIE (MALAYSIA) SDN. BHD. and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, HOTPIE (MALAYSIA) SDN. BHD., and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claims.

 

16. APPLICABLE LAW

This License Agreement is governed by and construed in accordance with the laws of Malaysia, excluding its conflict of law rules.

 

17. MISCELLANEOUS

17.1 If any provision of this License Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the invalid provision.

17.2 Any side agreements, amendments, or modifications to this License Agreement must be in writing to be effective. This requirement of written form can only be waived in writing.