END USER LICENSE AGREEMENT AND MOBILE APPLICATION TERMS OF USE

Effective Date: July 29, 2026
Version: 1.0
Licensor: Caldarus Labs, a Virginia sole proprietorship
Contact Address: 1521 Boyd Pointe Way, Unit 3402, Tysons, VA 22182
Contact Email: support@caldaruslabs.app
Toll-Free Telephone: (800) 555-GRAIL

PREAMBLE AND RECITALS

IMPORTANT — READ CAREFULLY BEFORE DOWNLOADING, INSTALLING, LAUNCHING, OR USING THE GRAIL HUNTERZ MOBILE APPLICATION OR ACCESSING THE ASSOCIATED PLATFORM SERVICES.

THIS END USER LICENSE AGREEMENT AND MOBILE APPLICATION TERMS OF USE ("EULA" OR "AGREEMENT") IS A BINDING, LEGAL CONTRACT BETWEEN YOU ("END USER," "YOU," OR "YOUR") AND CALDARUS LABS, A VIRGINIA SOLE PROPRIETORSHIP ("GRAIL HUNTERZ," "COMPANY," "WE," "US," OR "OUR").

BY DOWNLOADING, INSTALLING, LAUNCHING, CREATING AN ACCOUNT ON, OR USING THE GRAIL HUNTERZ iOS APPLICATION (COLLECTIVELY, THE "SOFTWARE" OR "APP"), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE UNCONDITIONALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU ARE STRICTLY PROHIBITED FROM DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SOFTWARE, AND YOU MUST IMMEDIATELY UNINSTALL AND DELETE ALL COPIES OF THE APPLICATION FROM YOUR DEVICE(S).

THIS AGREEMENT CONTAINS COMPREHENSIVE SOFTWARE LICENSE RESTRICTIONS, INTELLECTUAL PROPERTY RESERVATIONS, ANTI-CHEATING AND ANTI-BOTTING PROHIBITIONS ENFORCEABLE UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT (17 U.S.C. § 1201) AND THE COMPUTER FRAUD AND ABUSE ACT (18 U.S.C. § 1030), MANDATORY MOBILE APP STORE DISTRIBUTION PROVISIONS (APPLE APP STORE SCHEDULE 2), AUTOMATED SECURITY TELEMETRY CONSENTS, WARRANTY DISCLAIMERS, AND A STRICT AGGREGATE LIABILITY LIMITATION.

SECTION 1. SCOPE OF SOFTWARE LICENSE GRANT

1.1 Limited License Grant

Subject to your strict, continuous compliance with all terms, conditions, and restrictions set forth in this EULA and the Grail Hunterz Terms of Service, Caldarus Labs hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to download, install, and execute one (1) copy of the Software object code on an Apple-branded device running iOS or iPadOS (version 16.0 or higher) that you own or legally control, solely for your personal, non-commercial use in accessing the Grail Hunterz platform services (the "License").

1.2 Express Condition Precedent

The License granted in Section 1.1 is expressly conditioned upon your absolute and unbroken compliance with the technical, anti-cheating, anti-botting, and reverse engineering restrictions set forth in Section 3 (Anti-Cheating, Anti-Botting & Technical Restrictions) and Section 6 (API Access Restrictions & Programmatic Prohibitions). Under the doctrine established in MDY Industries, LLC v. Blizzard Entertainment, Inc., 629 F.3d 1146 (9th Cir. 2010), any failure to comply with such restrictions constitutes an immediate, automatic failure of a condition precedent, resulting in the instantaneous revocation of your License. Any continued installation, memory retention, or execution of the Software following license revocation shall constitute unauthorized copying and direct copyright infringement under the United States Copyright Act (17 U.S.C. § 101 et seq.).

1.3 Operating System & Execution Environment Boundaries

The License granted herein permits execution of the Software exclusively on unmodified, factory-standard operating systems. Running, executing, or attempting to launch the Software on jailbroken iOS devices, custom ROM environments, hypervisors, software emulators, or virtualized hardware platforms is strictly outside the scope of this License and constitutes a material breach of this Agreement.

1.4 License Only — No Sale of Software

You acknowledge and agree that the Software is licensed to you, not sold. Title to, ownership of, and all intellectual property rights in and to the Software—including all updates, upgrades, bug fixes, patches, and derivative works—remain vested exclusively in Caldarus Labs and its licensors. This Agreement does not grant you any ownership right, title, or interest in or to the Software executable binaries, backend assets, or underlying source code.

SECTION 2. INTELLECTUAL PROPERTY RIGHTS RESERVATION & DIGITAL RIGHTS MANAGEMENT

2.1 Reservation of Intellectual Property

All right, title, and interest in and to the Software—including without limitation all software source code, object code, application programming interface (API) definitions, database schemas, user interfaces, visual design systems, custom animations, digital mystery pack artwork, card draw visual representations, audio tracks, sound effects, trademarks, service marks, logos ("Grail Hunterz," "Grail Hunterz"), trade dress, patents, trade secrets, and the provably-fair commit-reveal cryptographically random number generator (RNG) engine architecture—are and shall remain the sole and exclusive property of Caldarus Labs and its third-party licensors. All rights not expressly granted to you under Section 1 are reserved to Caldarus Labs

2.2 Protection of Trade Secrets & Technical Architecture

You acknowledge that the internal structure, algorithms, sequence, logic, cryptographic seed derivation mechanisms, and API payload formatting of the Software contain highly valuable trade secrets and proprietary technical information of Caldarus Labs, protected under the Defend Trade Secrets Act (18 U.S.C. § 1836) and Virginia trade secret law (6 Del. C. § 2001 et seq.). Nothing in this Agreement shall be construed to grant you any right, title, or interest in or access to such trade secrets.

2.3 Anti-Circumvention of Technological Protection Measures (17 U.S.C. § 1201)

The Software and associated server architecture incorporate technological protection measures (TPMs), digital rights management (DRM) mechanisms, payload encryption protocols, TLS certificate pinning, and client-side device attestations designed to control access to copyrighted code, prevent unauthorized pack draw execution, and secure provably-fair draw verification. You shall not, directly or indirectly, circumvent, modify, decrypt, defeat, bypass, remove, deactivate, or tamper with any TPM, DRM control, or security attestation integrated into or utilized by the Software. Any circumvention or attempted circumvention of such measures constitutes an independent, direct violation of Section 1201 of the Digital Millennium Copyright Act (17 U.S.C. § 1201), exposing the violator to statutory damages up to $25,000 per violation, injunctive relief, and criminal penalties under 17 U.S.C. § 1204.

2.4 Unconditional Grant of Feedback License

If you submit, communicate, or transmit any suggestions, ideas, enhancement requests, recommendations, comments, or feedback regarding the Software or platform ("Feedback") to Caldarus Labs, you hereby grant Caldarus Labs a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to use, reproduce, modify, adapt, publish, commercialize, create derivative works from, and incorporate such Feedback into the Software, backend infrastructure, or future commercial products without restriction, credit, or financial obligation to you.

SECTION 3. ANTI-CHEATING, ANTI-BOTTING & TECHNICAL RESTRICTIONS

3.1 Explicit Prohibited Conduct

In furtherance of maintaining a secure, fair, and transparent platform for all users, you agree that you shall NOT, directly or indirectly, perform, assist, facilitate, or authorize any of the following acts:

Automated Bots & Scripts: Create, distribute, advertise, deploy, or utilize any automated bot, spider, scraper, web crawler, auto-clicker, macro script, artificial intelligence agent, or automated process to interact with the Software, purchase mystery packs, execute digital card draws, evaluate buyback offers, or initiate deposit/withdrawal transactions.
Memory Injection & Dynamic Process Hooking: Inject custom code, modify dynamic link libraries, attach debuggers, hook runtime methods, or tamper with the active process memory space of the Software using reverse engineering frameworks or memory inspection tools, including but not limited to Frida, Objection, Cheat Engine, GDB, LLDB, Substrate, or Cycript.
Emulator & Virtual Machine Exploitation: Install, launch, or run the Software inside any mobile emulator, virtual machine environment, software-simulated hardware instance, or cloud device farm (including without limitation Xcode Simulator for commercial transactions) intended to bypass device hardware restrictions or run parallel execution instances.
Reverse Engineering & Decompilation: Decompile, disassemble, reverse engineer, translate, decipher, un-pack, derive source code from, or construct functional equivalents of the Software binary, object modules, or network communications, except solely to the non-waivable extent permitted by applicable federal or state statute.
Multi-Account Sybil Operations & Referral Abuse: Register, operate, or maintain multiple user accounts, utilize synthetic or stolen identity profiles, deploy temporary disposable emails, or organize automated referral link farms to harvest promotional credits, bonus balances, or free starter packs.
Network Interception & Packet Sniffing: Intercept, capture, inspect, re-route, modify, forge, or decrypt network traffic or TLS packets transmitted between the Software and backend application servers using proxy tools or packet analyzers, including Wireshark, Charles Proxy, Fiddler, Mitmproxy, or Burp Suite.
Geographic & Location Spoofing: Utilize virtual private networks (VPNs), proxy servers, TOR exit nodes, GPS spoofing software, or IP location alteration techniques to disguise, manipulate, or misrepresent your physical geographic location or device IP address for the purpose of evading state jurisdiction access blocks (such as restricted access enforcement for residents of Washington or Nevada).

3.2 Contractual Remedies, Account Termination & Forfeiture

You acknowledge that engaging in any prohibited act set forth in Section 3.1 destroys the integrity of the platform ecosystem and inflicts immediate, irreparable harm upon Caldarus Labs In the event of any violation of Section 3.1, Caldarus Labs reserves the unconditional right to:

Instantly terminate your License and deactivate your mobile application access;
Permanently ban your user account and linked hardware identifiers;
Require absolute forfeiture of all unvested promotional bonus credits, non-withdrawable balance funds, and pending referral rewards; and
Freeze any pending cash withdrawal or physical vault shipment requests pending the outcome of a comprehensive fraud and security investigation.

SECTION 4. CLIENT INTEGRITY MONITORING & SECURITY TELEMETRY

4.1 Automated Security Telemetry & Consent

To ensure the mathematical validity of the provably-fair RNG draw engine, prevent unauthorized botting, enforce anti-cheating rules, and satisfy state gaming and financial regulatory requirements, the Software embeds client-side security monitoring tools and hardware attestation frameworks. By installing, launching, or executing the Software, you explicitly consent to the background collection, processing, and transmission of device integrity telemetry to Caldarus Labs and its security infrastructure providers, including:

Hardware & Operating System Integrity Signals: Real-time attestation data evaluating whether the host device has been jailbroken, rooted, modified at the kernel level, or subjected to system binary modifications, captured via Apple App Attest and Apple DeviceCheck APIs.
Device Fingerprinting & Risk Signals: Machine hardware configurations, operating system kernel build numbers, screen resolutions, battery status signatures, active IP addresses, proxy/VPN routing flags, and device risk scores generated on-device.
Runtime Hook & Process Inspection: Passive monitoring of active runtime memory space to detect unauthorized process injection libraries, active hooking frameworks (such as Frida or Substrate), and running debugger sessions.

4.2 Handling of Integrity Failures

If the Software or server-side security infrastructure detects an untrusted device signature, jailbreak/root signal, active memory modification hook, emulator environment, or invalid client attestation token, Caldarus Labs reserves the immediate right to terminate the active application session, block the transaction request, flag the device hardware identifier, and restrict the account from participating in digital pack draws or financial transactions.

SECTION 5. ACCOUNT SECURITY, DEVICE COMPATIBILITY & PASSKEYS

5.1 Device Compatibility & Connectivity

You are solely responsible for obtaining, configuring, updating, and maintaining all mobile hardware, operating system software, wireless service plans, and high-speed internet connections required to execute the Software. Caldarus Labs does not warrant that the Software will function seamlessly on all mobile hardware models or under all wireless carrier configurations.

5.2 Credential Security & Hardware Passkeys

You are solely responsible for safeguarding the security and confidentiality of your account login credentials, mobile device passcode, multi-factor authentication (MFA) SMS/email verification tokens, and hardware biometric keys (Apple Face ID, Touch ID, or Passkeys). Any command, pack purchase, draw execution, or transaction initiated through an authenticated session on your device shall be legally deemed to have been executed exclusively by you.

5.3 Mandatory Breach Notification

You agree to notify Caldarus Labs immediately at support@caldaruslabs.app upon discovering or suspecting any unauthorized access to your mobile device, loss of your device, compromise of your account credentials, or unauthorized execution of the Software.

SECTION 6. API ACCESS RESTRICTIONS & PROGRAMMATIC PROHIBITIONS

6.1 Authorized API Channels

Access to Grail Hunterz backend application programming interfaces (APIs), including AWS AppSync GraphQL endpoints, Fastify REST microservices (services/api), and commit-reveal RNG verification servers, is licensed exclusively through official, un-tampered Grail Hunterz iOS application binaries.

6.2 Specific API Prohibitions

You are strictly prohibited from:

Extracting, copying, capturing, or re-using OAuth 2.0 access tokens, JSON Web Tokens (JWTs), API authorization signatures, or session headers for use in external scripts, Postman collections, or third-party software;
Programmatically querying, scraping, polling, stress-testing, or launching denial-of-service requests against backend API endpoints; and
Synthesizing, forging, or transmitting direct HTTP or GraphQL requests to initiate pack purchases, trigger card draws, execute buybacks, or request withdrawals outside the official user interface of the Software.

6.3 Civil Liability & Criminal Prosecution under CFAA (18 U.S.C. § 1030)

Under the legal doctrine affirmed in hiQ Labs, Inc. v. LinkedIn Corp., 31 F.4th 1180 (9th Cir. 2022), any unauthorized programmatic access to backend API infrastructure, token extraction, or automated request transmission following license termination or access revocation constitutes intentional access exceeding authorization under the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the California Computer Data Access and Fraud Act (Cal. Penal Code § 502). Caldarus Labs will aggressively pursue civil damages, injunctive relief, and criminal referrals against individuals or entities engaging in unauthorized API scraping or botting.

SECTION 7. MANDATORY APPLE APP STORE PROVISIONS (SCHEDULE 2 COMPLIANCE)

7.1 Apple Schedule 2 Mandatory Acknowledgments

In accordance with Schedule 2, Section 7.1 of the Apple Developer Program License Agreement, you and Caldarus Labs acknowledge and agree to the following mandatory end-user license terms:

Acknowledgment (7.1(a)): Caldarus Labs and you acknowledge that this EULA is concluded between Caldarus Labs and you only, and not with Apple Inc. ("Apple"). Caldarus Labs, not Apple, is solely responsible for the Software and the content thereof. This EULA does not provide for usage rules for the Software that are less restrictive than, or in conflict with, the Usage Rules set forth for Licensed Applications in, or that otherwise conflict with, the Apple Media Services Terms and Conditions as of the Effective Date.
Scope of License (7.1(b)): The license granted to you for the Software is limited to a non-transferable license to use the Software 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 such Software may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Maintenance and Support (7.1(c)): Caldarus Labs is solely responsible for providing any maintenance and support services with respect to the Software, as specified in this EULA or as required under applicable law. You and Caldarus Labs acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Warranty (7.1(d)): Caldarus Labs is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software (if any) to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Caldarus Labs's sole responsibility.
Product Claims (7.1(e)): You and Caldarus Labs acknowledge that Caldarus Labs, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Software or the end-user’s possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software 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 Software’s use of the HealthKit and HomeKit frameworks (if applicable).
Intellectual Property Rights (7.1(f)): You and Caldarus Labs acknowledge that, in the event of any third-party claim that the Software or the end-user’s possession and use of that Software infringes that third party’s intellectual property rights, Caldarus Labs, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance (7.1(g)): You must 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 (including the Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List).
Developer Name and Address (7.1(h)): Any questions, complaints, or claims with respect to the Software should be directed to Caldarus Labs at the following contact points:
- Entity Name: Caldarus Labs
- Mailing Address: 1521 Boyd Pointe Way, Unit 3402, Tysons, VA 22182
- Support Email: support@caldaruslabs.app
- Telephone: (800) 555-GRAIL
Third-Party Terms of Agreement (7.1(i)): You must comply with applicable third-party terms of agreement when using the Software (e.g., you must not violate your wireless data service agreement or internet service provider agreement when executing application requests).
Third-Party Beneficiary (7.1(j)): You and Caldarus Labs acknowledge and agree that Apple, and Apple’s affiliates, are third-party beneficiaries of this EULA, and that, 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.

SECTION 8. DISTRIBUTION CHANNEL

The Software is distributed exclusively through the Apple App Store, and exists only as an iOS application. It is not published on any other store or platform. Any binary offered elsewhere as Grail Hunterz is unauthorized.

SECTION 9. TERM, SUSPENSION, ACCOUNT TERMINATION & ASSET DISPOSITION

9.1 Effective Term

This EULA takes effect immediately upon your first installation, launch, or execution of the Software and shall remain in full force and effect until terminated by either you or Caldarus Labs

9.2 Voluntary Termination by You

You may terminate this EULA at any time by deleting, uninstalling, and purging all copies of the Software from your devices and closing your account in accordance with the procedures specified in the Grail Hunterz Terms of Service.

9.3 Involuntary Suspension & Termination by Caldarus Labs

Caldarus Labs reserves the right to immediately suspend, restrict, or terminate your Software License and platform access, without prior notice or judicial process, if:

You commit a material breach of any provision of this EULA (including Section 3 or Section 6);
We are commanded to do so by court order, law enforcement subpoena, or regulatory mandate;
Security monitoring detects active botting, memory injection, emulator use, sybil multi-accounting, or API scraping; or
We determine in our sole discretion that your continued execution of the Software poses a security risk to the platform, RNG engine, or other users.

9.4 Effect of License Termination on Vaulted Trading Cards & Account Balances

Upon any termination of your License:

License Revocation: All rights granted to you under Section 1 immediately cease, and you must permanently delete all copies of the Software in your possession.
Promotional Balance Forfeiture: All non-withdrawable promotional credits, unvested bonus balances, and referral rewards are permanently cancelled and forfeited.
Physical Vaulted Item Liquidation Procedure: For verified, physical trading cards legally owned by you and held in secure storage at the time of account termination, Caldarus Labs will provide a thirty (30) calendar day liquidation grace period starting from the date of termination notice. During this period, you may request physical shipping of your vaulted cards to your registered address upon paying standard insured shipping/handling fees and passing identity verification. If you fail to request shipment within thirty (30) days, Caldarus Labs is authorized to liquidate the physical cards at prevailing Fair Market Value (FMV), deduct reasonable vault processing and liquidation fees, and hold the net cash proceeds in an escrow account for your collection for a period of up to twelve (12) months.

9.5 Survival of Essential Provisions

The provisions of Sections 1.4, 2, 3, 4, 6, 7, 8, 9.4, 9.5, 10, 11, and 12 shall survive any expiration, termination, or cancellation of this EULA.

SECTION 10. DISCLAIMER OF WARRANTIES

10.1 Absolute "As-Is" and "As-Available" Provision

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, MOBILE APPLICATIONS, BACKEND API SERVICES, AND PROVABLY-FAIR DRAW INFRASTRUCTURE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, DEFECTS, AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. CALDARUS LABS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SYSTEM INTEGRATION, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

10.2 Disclaimers Regarding Operation & Cryptographic Engines

CALDARUS LABS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, OR FREE FROM VIRUSES, MALWARE, BUGS, SERVER DISRUPTIONS, OR NETWORK LATENCY. CALDARUS LABS DOES NOT WARRANT THAT THE PROVABLY-FAIR COMMIT-REVEAL RNG ENGINE OR VERIFICATION PAGES WILL REMAIN ACCESSIBLE AT ALL TIMES WITHOUT SCHEDULED OR UNSCHEDULED MAINTENANCE DOWNTIME. NO ORAL OR WRITTEN STATEMENT, ADVICE, OR REPRESENTATION GIVEN BY CALDARUS LABS, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

SECTION 11. LIMITATION OF LIABILITY & ALLOCATION OF RISK

11.1 Disclaimer of Indirect and Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALDARUS LABS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER—INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, REPUTATIONAL DAMAGE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, HARDWARE MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES—ARISING OUT OF OR RELATED TO YOUR DOWNLOAD, INSTALLATION, USE OF, OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE), EVEN IF CALDARUS LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Monetary Aggregate Liability Cap

IN NO EVENT SHALL CALDARUS LABS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, LOSSES, CAUSES OF ACTION, SUITS, OR DAMAGES ARISING OUT OF OR RELATING TO THIS EULA, THE SOFTWARE, OR THE MOBILE APPLICATION EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO CALDARUS LABS FOR MYSTERY PACK PURCHASES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
(B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

11.3 Essential Purpose and Allocation of Risk

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 11 CONSTITUTE AN ESSENTIAL, BARGAINED-FOR ALLOCATION OF RISK BETWEEN YOU AND CALDARUS LABS THE MONETARY CAPS SPECIFIED HEREIN SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT.

SECTION 12. GOVERNING LAW, DISPUTE RESOLUTION & GENERAL PROVISIONS

12.1 Governing Law

This EULA, the Software license, and any dispute or claim arising out of or relating to this Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law principles that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly disclaimed and excluded from application to this Agreement.

12.2 Master Terms Integration & Binding Arbitration

This EULA incorporates by reference the Grail Hunterz Terms of Service, including Section 14 thereof (Mandatory Binding Individual Arbitration and Class Action Waiver). Any legal dispute, controversy, or claim arising out of or relating to this EULA, the Software, or mobile application performance shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) or JAMS in accordance with its Commercial Arbitration Rules, and not in court. In the event of any direct, un-reconcilable conflict between the software licensing provisions of this EULA and the Terms of Service, the software license terms of this EULA shall govern software execution matters, while the Terms of Service shall govern commercial financial transactions.

12.3 Severability and Modification

If any provision of this EULA is adjudicated by an arbitrator or court of competent jurisdiction to be illegal, invalid, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to render it legal, valid, and enforceable while preserving its original legal intent, and the remaining provisions of this EULA shall continue in full force and effect.

12.4 Entire Agreement

This EULA, together with the Grail Hunterz Terms of Service, Privacy Policy, Pure Retail E-Commerce & Non-Sweepstakes Declaration, and Responsible Purchasing Policy, constitutes the complete, integrated, and exclusive statement of agreement between you and Caldarus Labs regarding the Software, and supersedes all prior or contemporaneous understandings, representations, proposals, promises, or communications, whether oral or written, concerning the subject matter hereof.

End of End User License Agreement and Mobile Application Terms of Use.

End User License Agreement (EULA)