Terms of Service & End User License Agreement

This Terms of Service and End User License Agreement (collectively, the "Agreement") constitutes a legally binding contract between you, the individual accessing or using any Pullup service ("User," "you,"or "your"), and DAMAI GEMILANG VENTURES ENT ("Company," "we," "us," or "our"), the sole operator of the Pullup platform.

By (a) downloading, installing, or launching the Pullup application; (b) submitting your contact information to our waitlist portal; (c) creating or accessing a Pullup account; or (d) otherwise engaging with any Company-operated digital property or service — you expressly acknowledge that you have read, understood, and unconditionally agree to be bound by every provision of this Agreement and our Privacy Policy, which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL USE OF THE APPLICATION, DELETE IT FROM ALL DEVICES, AND REFRAIN FROM JOINING THE WAITLIST.

"Application"

The Pullup mobile application and any associated software, SDKs, APIs, or extensions made available by the Company on any platform, including but not limited to iOS and Android.

"Waitlist Portal"

The web-based interface at pullup.app (and any subdomain thereof) through which prospective users may register interest in accessing the Application.

"Services"

Collectively, the Application, the Waitlist Portal, and any other products, features, content, or communications provided by the Company.

"Content"

All text, photos, videos, audio, location data, event listings, messages, and any other information uploaded, transmitted, or otherwise submitted via the Services.

"User Content"

Content originating from a User, as opposed to Content created by the Company.

"Event"

A real-world, time-bound social gathering created, hosted, or joined through the Application.

"Host"

A User who creates and manages an Event on the Application.

"Attendee"

A User who joins or expresses intent to attend an Event.

The Services are intended exclusively for individuals who are eighteen (18) years of age or older. By accessing any Service, you represent and warrant that: (i) you are at least 18 years old; (ii) you possess the legal capacity to enter into this Agreement; (iii) your use of the Services does not violate any applicable law or regulation in your jurisdiction; and (iv) you are not subject to any sanction, ban, or legal prohibition that would prevent you from using the Services.

If you are accessing the Services on behalf of a legal entity, you further represent that you have authority to bind that entity to this Agreement, and all references to "you" shall include both you and that entity.

The Company reserves the right to refuse access to the Services, terminate accounts, or remove Content at its sole discretion, including where it has reasonable grounds to suspect a user does not meet these eligibility requirements.

By submitting your details to the Pullup waitlist, you: (i) consent to be contacted by the Company regarding early access, launch updates, and platform news; (ii) understand that submission does not guarantee access to the Application; and (iii) acknowledge that the Company may, at its sole discretion, determine the order and criteria by which waitlist participants receive access.

You agree to provide accurate, current, and complete information during the registration process. Any submission of false, misleading, or duplicated entries may result in permanent disqualification from the waitlist without notice.

Subject to your strict and continuing compliance with this Agreement, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to:

• Download and install one copy of the Application on one or more personal devices you own or control;
• Access and use the Application solely for your personal, non-commercial, lawful purposes;
• Access and view Content made available through the Services in the ordinary course of use.

This license does not constitute a sale of the Application or any portion thereof. No other rights are granted. All rights not expressly granted herein are reserved by the Company.

The license granted hereunder is subject to immediate revocation, without prior notice and without liability to you, at the Company's sole and absolute discretion, including upon any breach of this Agreement.

The Application, Waitlist Portal, and all associated materials — including but not limited to source code, object code, algorithms, user interface designs, visual aesthetics, audio components, trademarks, trade names, logos, trade secrets, documentation, and all derivative works — are the sole and exclusive proprietary property of DAMAI GEMILANG VENTURES ENT, and are protected by applicable intellectual property laws including the Copyright Act, trademark law, and international treaty provisions.

You expressly acknowledge that:

• No ownership rights in the Application or any part thereof are transferred to you;
• The Company's trademarks, service marks, and trade names may not be used without prior written consent;
• You shall not, directly or indirectly: reverse engineer, decompile, disassemble, decode, adapt, modify, translate, create derivative works from, sublicense, sell, rent, lease, transfer, publicly perform or display, broadcast, or otherwise exploit any portion of the Application for any purpose not expressly authorized herein;
• You shall not use any automated means, scraping, data mining, or robot/spider/crawler to access or extract data from any Service;
• You shall not circumvent, disable, or interfere with any security feature or access control mechanism implemented in the Services.

Any violation of this section constitutes a material breach of this Agreement and will subject you to all available legal and equitable remedies, including injunctive relief, monetary damages, statutory damages, and recovery of attorneys' fees and costs.

Upon being granted access to the Application, you are responsible for maintaining the confidentiality and security of your account credentials, including any one-time passcodes or authentication tokens. You agree to:

• Immediately notify the Company of any unauthorized use of your account or any other security breach;
• Not share your account credentials with any third party;
• Not create multiple accounts to circumvent any ban, suspension, or restriction;
• Ensure your account information remains accurate, complete, and up to date at all times;
• Accept full responsibility for all activity that occurs under your account, whether or not authorized.

The Company shall not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to maintain the security of your credentials.

You agree that your use of the Services shall comply with all applicable local, state, national, and international laws, regulations, and treaties. Without limiting the foregoing, you agree that you shall not:

• Post, transmit, or distribute Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Create, publish, or promote fraudulent or fictitious Events;
• Use the Services to facilitate or coordinate any illegal activity, including but not limited to drug trafficking, human trafficking, violence, or terrorism;
• Solicit personally identifiable information from other users for commercial or unlawful purposes;
• Upload, transmit, or distribute any virus, malware, spyware, or other harmful software or code;
• Interfere with or disrupt the integrity, performance, or security of the Services or the infrastructure on which the Services operate;
• Engage in any form of unauthorized data collection, including harvesting user profiles or contact information;
• Use the Services to send unsolicited communications (spam) of any kind;
• Access or attempt to access any portion of the Services that is not intended for your account or privilege level;
• "Flake" — i.e., repeatedly commit to an Event and fail to attend without reasonable prior notice, in violation of Community Guidelines;
• Engage in catfishing, identity fraud, or the submission of materially misleading profile information.

The Company maintains a zero-tolerance policy for violations of this section and reserves the absolute right to: (a) immediately suspend or permanently terminate your account; (b) remove any offending Content without prior notice; (c) report violations to relevant law enforcement authorities; and (d) pursue all available legal remedies.

By submitting, uploading, or transmitting any User Content via the Services, you grant the Company a worldwide, perpetual (or for the duration of the content's availability on the platform), irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, create derivative works from, communicate, publish, publicly display, publicly perform, and distribute such User Content for the purpose of operating, maintaining, improving, and promoting the Services.

You represent and warrant that:

• You own or have secured all necessary rights, licenses, consents, and permissions to submit the User Content and to grant the rights described above;
• The User Content does not infringe any third-party intellectual property rights, privacy rights, or moral rights;
• The User Content is accurate and not materially misleading;
• You have obtained the informed consent of all identifiable individuals depicted in photos or videos included in the User Content.

The Company does not claim ownership of User Content but reserves the right to remove, modify, or refuse to display any User Content at its sole discretion, without notice or liability.

Hosts acknowledge and agree that:

• They bear sole responsibility for the accuracy, legality, and safety of all Events they create;
• They must obtain all legally required permits, permissions, or approvals necessary to hold the Event at the stated venue;
• They shall not advertise or hold Events at venues where they do not have authorization to do so;
• All Event photos must be genuine photographs of the actual venue or activity — AI-generated images and materially misleading imagery are expressly prohibited;
• The Company acts solely as a platform facilitator and is not a co-organizer, promoter, or guarantor of any Event.

Attendees acknowledge and agree that:

• Confirming attendance constitutes a binding social commitment;
• Repeated failure to attend without prior cancellation ("flaking") may result in account suspension;
• They assume all risks associated with attending real-world Events, including but not limited to personal injury, property damage, and exposure to third-party conduct;
• The Company does not vet, endorse, or guarantee the safety, legitimacy, or quality of any Host, venue, or Event.

The Application relies on real-time location data to provide its core social mapping features. By using location-dependent features, you consent to the collection and processing of your precise geographic location as described in the Privacy Policy. You may withdraw this consent by disabling location services for the Application at the device level; however, doing so may render core features unavailable.

The Company shall not be held liable for any outcomes — including personal harm, loss of property, or privacy incidents — resulting from the sharing or visibility of your location through the Services to other users you have voluntarily engaged with.

The Services may integrate with, or contain links to, third-party platforms (including but not limited to mapping providers, authentication services, and cloud infrastructure providers). The Company is not responsible for the content, privacy practices, or terms of service of any third-party platform. Your interactions with any third-party services are governed solely by the terms of those third parties.

The Application is currently in a pre-launch or beta phase. During this period, the Company reserves the right to: (i) modify, suspend, or discontinue any feature or the entire Service without prior notice; (ii) impose or adjust usage limits; (iii) revoke access from individual users or cohorts of users at any time. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services during this phase.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAMAI GEMILANG VENTURES ENT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAMAI GEMILANG VENTURES ENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY REAL-WORLD INTERACTION OR EVENT RESULTING FROM USE OF THE SERVICES; OR (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA — EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, the Company's liability shall be limited to the maximum extent permitted by such jurisdiction's law.

To the extent permitted by law, the Company's total aggregate liability to you for all claims arising out of or relating to the Services or this Agreement shall not exceed the amount you paid, if any, to the Company in the twelve (12) months preceding the event giving rise to the claim, or one hundred Malaysian Ringgit (MYR 100), whichever is lesser.

You agree to indemnify, defend (at the Company's request), and hold harmless DAMAI GEMILANG VENTURES ENT and its respective officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, actions, proceedings, liabilities, damages, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or relating to: (a) your use or misuse of the Services; (b) your User Content; (c) your violation of this Agreement; (d) your violation of any applicable law or third-party right; or (e) any Event you create or attend.

The Company reserves the right to assume exclusive control of any matter subject to indemnification by you, at your expense. You shall not settle any claim without the Company's prior written consent.

The Company may, in its sole discretion and without liability, terminate or suspend your access to all or any part of the Services at any time, with or without cause, and with or without prior notice. Causes for termination include, without limitation, any actual or suspected breach of this Agreement, fraudulent activity, abuse of other users, failure to comply with Community Guidelines, or where the Company deems it necessary to protect the integrity of the platform or the safety of other users.

Upon termination: (i) all rights granted to you under this Agreement will immediately cease; (ii) you must immediately cease all use of the Services; (iii) the Company may delete your account and all associated data in accordance with its data retention policies; and (iv) all provisions of this Agreement that by their nature should survive termination shall survive, including without limitation: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Indemnification.

This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws principles. You agree to submit to the exclusive personal jurisdiction of the courts located in Malaysia for the resolution of any disputes arising out of or relating to this Agreement or the Services.

Before initiating any formal legal action, you agree to first attempt to resolve any dispute informally by contacting the Company at pulluppteam@gmail.com. The Company will attempt to resolve the dispute within thirty (30) days of receiving notice.

CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

The Company reserves the right to amend, revise, or replace this Agreement at any time in its sole discretion. When material changes are made, the Company will notify you by updating the "Effective Date" at the top of this page and, where practicable, by sending a notice to the contact information associated with your account or waitlist registration.

Your continued use of the Services after the effective date of any revised Agreement constitutes your binding acceptance of those changes. If you do not agree to a revised Agreement, you must discontinue all use of the Services.

Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Entire Agreement: This Agreement, together with the Privacy Policy and Community Guidelines, constitutes the entire agreement between you and the Company with respect to the Services and supersedes all prior or contemporaneous communications, agreements, and understandings.

Waiver: The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision.

Assignment: You may not assign or transfer this Agreement or any rights granted hereunder without the Company's prior written consent. The Company may assign this Agreement freely.

No Relationship: Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between you and the Company.

Force Majeure: The Company shall not be liable for any failure or delay in performance resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, internet outages, or third-party service failures.

For all legal notices, formal inquiries, or communications related to this Agreement, please contact: