Terms of Service

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NaagPash (the "Platform") is operated by Dyumn Tech Pvt Ltd (hereinafter referred to as "Company", "We", "Us", "Our") which offers an offline game with online features ("Game") ("Services").

These Terms of Service ("Terms") constitute an electronic record as per the Information Technology Act, 2000 ("IT Act") and rules as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms provide for the terms and conditions by which We offer You to access to use our Platform and other Services. By visiting Our Platform, and/or using Our Services, You agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein

1. Key Definitions Used in these Terms

1.1 "Inactivity" shall mean the User not accessing or playing the Game for 7 (seven) continuous days.

1.2 "Bank Payment Reversal" shall mean events where the payment made by a User for In-App Purchases of the Paid Content or Paid Features is reversed to that User’s bank account due to any reason including but not limited to technical glitches, resulting in Company not receiving the relevant amount in its bank account. This shall also include any reversals by any UPI service provider application and/or any payments bank application.

1.3 "Game Content" means all content made available within the Game, including all levels, assets, and gameplay elements, whether part of Paid Content or content made available freely for use within the Game or for availing certain benefits while playing the Game.

1.4 "Paid Content" means certain Game Content made available on the Platform to User in exchange for payment through In-App Purchases, the details of usage, availability and pricing of which content shall be as provided on the Platform.

1.5 "Paid Features" means feature, functionality, enhancement, expansion, or service made available on the Platform to User in exchange for payment through In-App Purchases, the details of which shall be as provided on the Platform.

1.6 "Paid Services" shall mean collectively the Paid Content and Paid Features.

1.7 "Privacy Policy" means Our Privacy Policy available at [Privacy].

1.8 "User Information" means data collected from or about the User, including the User's mobile device's Unique ID, IP address, mobile operating system, type of mobile internet browser used, unique device identifiers, usage patterns, browsing history, and other diagnostic data.

1.9 "User Guide/ Frequently Asked Questions ("FAQs")" means a comprehensive document or set of instructions designed to assist Users in understanding and navigating the various features, mechanics, procedures and rules of the Game available on the Platform.

2. User Eligibility

2.1 Users are natural persons that have full capacity to avail the Services and access the Platform and are able to assume legal responsibilities independently.

2.2 You should not access this Platform if you are below 13 (thirteen) years of age. If You are under the age of 18 (eighteen) years, You must have Your parent or legal guardian's permission to use or avail the Services. Please have Your parent or legal guardian read these Terms with You. You represent that Your legal guardian has reviewed and agreed to these Terms. If You are a parent or legal guardian, and You allow Your child to avail the Services, then these Terms apply to You and You are responsible for your child's activity in relation to the Services.

2.3 The User agrees to abide by the Terms and any other rules and regulations imposed by the applicable law from time to time.

2.4 These Terms apply to any person who accesses or uses the Platform or Service for any purpose (hereinafter referred to as "User, "You", "Your"). The User(s) may use the Platform and/ or Services solely for their personal purposes.

2.5 Users are not required to create an account or register on the Platform in order to access and use the Services. The Services may be availed directly by visiting and accessing the Platform.

3. The Platform

3.1 The Game must be accessed through a mobile device. The Game is made available for both online and offline use. An active internet connection is not required for standard gameplay, except where online features, updates or Third-Party Links or features are involved. Upon the User's first access to the Game, the User will be guided through tutorial pages or screens before starting standard gameplay. The availability, quality, and performance of the Game may be affected by factors outside Our control, including network issues, device compatibility, or service interruptions. We shall not be responsible for any delays, disruptions, or inability to access the Game arising from such limitations as provided above.

3.2 Subject to the obligations and restrictions under these Terms, You may use the Platform for the following:

3.3 For information about the Game, the Users may refer to the User Guide or FAQs.

4. Charges and Payments

The Platform offers a combination of free and paid services. Certain features, functionalities, or services may be made available at no charge, while access to Paid Services will require payment of applicable fees, subscriptions, or In-App Purchases (as defined below), as specified on the Platform from time to time.. Such Paid Services shall be governed by the terms conditions set out in Annexure-A in addition to these Terms. We reserve the right to revise or modify the applicable fees at Our discretion upon prior intimation to the Users.

5. Termination

5.1 If User wishes to stop using Our Services, User may delete Our Platform or stop using the Platform.

5.2 Suspension of Services and Termination by Company: The Company may suspend or terminate Your access to the Platform for availing Services if:

5.3 If the reason for the suspension continues for a period of 15 (fifteen) days, the Company may proceed, at its sole discretion, to terminate the User's access to the Platform and/or Services, without prejudice to other remedies that may be available under these Terms or applicable laws.

5.4 You may terminate these Terms at any time by discontinuing Your access to and use of Platform and uninstalling the Platform from Your device.

5.5 These Terms may automatically be terminated when the Users completely and permanently cease to use the Services for a continuous period of 12 (twelve) months.

6. Use of the Platform and/or Services

In connection with the User's use of the Platform and/or Service, the User will not: (a) use the Platform or Services in a way that damages, overloads, or impairs their functioning; (b) upload or transmit any illegal, harmful, or objectionable content; (c) sell, resell, rent, or lease the Services without prior written permission; (d) store or transmit viruses, malware, or malicious code; (e) create derivative works from the Platform or Services without explicit authorization; (f) tamper with the Platform's security features or interfere with their own or others' accounts; (g) access data or materials not intended for the User; (h) reverse engineer the Platform or Services, or use them to build or copy a competing product, service, features, or graphics; (i) use .the Services for any unlawful purpose or in violation of these Terms; (j) use deep-linking, scraping, robots, spiders, or other automated or manual processes to copy, monitor, or extract content from the Platform, or to bypass its structure; or (k) attempt to gain unauthorized access to any part of the Platform, related systems, networks, servers, or Services through hacking, password mining, or other unlawful means.

The User shall at all times ensure full compliance with the provisions of applicable law including but not limited to the IT Act.

7. Disclaimers

7.1 The Platform provides Users an electronic web-based platform which can be used as per these Terms. In this regard, the Company does not guarantee, represent or warrant You that:

7.2 We may use AI technology to provide certain features on the Platform, and We do not warrant or guarantee the complete accuracy of such features as the AI technology is new and evolving. You acknowledge and agree that, in addition to the limitations and restrictions set forth in this Agreement, there are numerous limitations that apply with respect to AI technology, including that (a) it may contain errors or misleading information and may not be accurate or reliable; (b) AI technology is based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content; (c) AI technology can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in output that is out of context or does not make sense; (d) AI technology does not have emotions and cannot understand or convey emotions in the way humans can, which can result in output that lacks the empathy and emotion that humans are able to convey; (e) AI technology can perpetuate biases that are present in the data used to train them, which can result in output that is discriminatory or offensive.

7.3 The Platform may utilize certain AI programs for certain features. The use and functioning of these AI programs are subject to the respective terms and conditions of third party entities providing such programs. Users acknowledge that the Company may employ these AI programs solely to facilitate certain features and does not control or modify their algorithms or outputs. All AI-generated content is provided "as is," may contain inaccuracies or limitations, and is subject to the disclaimers and restrictions contained in the respective AI programs' terms. The Company expressly disclaims any liability for errors, omissions, or reliance placed on such AI-generated features

7.4 The Platform is currently operating in a beta version, and may contain bugs, errors and other problems. Therefore, to the extent permitted by applicable law, the Company disclaims any warranty, condition and/or liability obligations to Users of any kind with respect to the Platform. User further acknowledges the importance of communication between the Company and User during User's use of the Platform and hereby agrees to receive related correspondence and updates from the Company.

7.5 The User understands and agrees that User participates in Game at User's own discretion and risk and that User shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from the Services.

7.6 The Game is not online real money game involving depositing money for entering into a contest/races or game with an intent of winning money or money's worth.

7.7 The Game is an offline game with a few online features which (a) does not involve staking of money or other stakes or participation with the expectation of winning by way of monetary gain in return of money or other stakes; (b) may allow access through payment of a subscription fee or one-time access fee, provided that such payment is not in the nature of a stake or wager; (c) is offered solely for entertainment, recreation or skill-development purposes; and (d) is not an online money game or e-sport.

7.8 The Game requires strategy, decision-making, judgment and skill to play and win and is not the game of chance. It does not involve gambling in any form. We do not offer, facilitate, or promote any form of gambling or betting on the Platform. The Company does not comment and makes no representations about Your or any other User's chances of winning or losing.

7.9 We recognize the importance of responsible gaming practices. We encourage all Users to play responsibly and to exercise self-control and moderation when using the Platform.

7.10 THE PLATFORM AND SERVICES, AND ALL MATERIALS, INFORMATION, SERVICES INCLUDED IN THE PLATFORM AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PLATFORM AND SERVICES. COMPANY DISCLAIM ANY WARRANTIES FOR ANY SERVICE OBTAINED THROUGH THE PLATFORM.COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR ADVERTISED ON THE PLATFORM AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PLATFORM AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE PLATFORM.

7.11 THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES. THE USER UNDERSTANDS AND AGREES THAT THE USER'S USES THE PLATFORM AND SERVICES AT HIS/HER OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL OR DATA.

7.12 SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

8. Limited License

8.1 We grant to You a non -exclusive, fully revocable, and limited right license to use and enjoy Our Services for Your individual, entertainment purposes only and expressly conditioned upon Your compliance with these Terms ("License").

8.2 If Your access to the Platform is suspended by Us due to any reason then such licenses so granted hereunder in this Paragraph 8 shall stand terminated.

8.3 All the rights that are not specifically granted under this License are hereby reserved by the Company and, as applicable, by its third-party licensor.

8.4 The License does not provide You with any kind of title or ownership in the Platform and should not be construed as a sale or transfer of any Intellectual Property or other rights related to Platform.

8.5 License shall terminate automatically if You fail to comply with these Terms as provided hereunder.

9. Contents Posted on the Platform

9.1 The User agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights the User has in his/her User Information. The Company shall be entitled to, use the User Information or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the User, provided any personally identifiable information will be used consistent with Our Privacy Policy. The User agrees that any User Information may be used by Us, consistent with Our Privacy Policy and these Terms, and the User is not entitled to any payment or other compensation for such use.

9.2 Company disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the internet through the Platform.

10. Indemnity and Limitation of Liability

10.1 You shall indemnify and hold harmless the Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of the Terms, Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of Intellectual Property rights) of a third party.

10.2 IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS OR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS (INCLUDING SUBSTITUTION OF SERVICES) ARISING OUT OF OR RELATING TO THESE TERMS OR ANY THIRD PARTY SERVICES DELIVERED IN CONNECTION HEREWITH EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY; AND IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO THE USER ARISING OUT OF OR AS A RESULT OF OUR SERVICE EXCEED INR 5,000 (INDIAN RUPEES FIVE THOUSAND ONLY).

11. Intellectual Property Rights

11.1 Company owns all trademarks including but not limited to the brand logo, Platform or other service marks belonging to the Company, and/or its Partners, assigns, copyright, patent and all other intellectual property rights in this Platform and Services and content thereof ("Intellectual Property"), other than User Information. Except as expressly provided under these Terms, nothing contained in this Paragraph shall be construed as conferring any license or right with regards to the Company's Intellectual Property other than as provided under these Terms. No materials available on the Platform may be used, stored, or transmitted by any means (including but not limited to electronic, mechanical, scanning, photocopying or recording) without prior written permission of the Company. The Company makes no representations or warranties that any use of the information contained on this Platform will not infringe any such Intellectual Property right of any third party.

11.2 Any User Information which the Company collects and which it may use in an aggregated format is the Company's property. The Company may use it, in its sole discretion and without any compensation to the User, for any legitimate purpose including without limitation the commercial sale thereof to third parties.

11.3 Other than as specified above, neither the Platform nor any of its contents may be modified or copied in whole or part in any form, including by framing, incorporation into other platforms or other publications, or be used to create any derivative work. No links to the Platform may be included in any other websites without Our prior written permission.

11.4 Other than as specified above, nothing on the Platform should be construed as granting any right or license. We do not guarantee that You have any right to use content available on the Platform that is owned by any third party, and that a third party's permission will not be required before You use such content. None of the contents may be changed, nor may any copyright or author attribution notice appearing on any of the contents be altered or removed, without Our permission.

12. Third-party products and integrations

12.1 The Company may use third party services to enhance functionalities of Platform. The Company does not make any representations or warranties with respect to such third-party services. The Platform may display advertisements, promotional content, sponsored listings, or links to third-party websites, applications, or services ("Third-Party Links").

12.2 These Third-Party Links are provided solely for your convenience and information. We do not control, endorse, guarantee, or assume responsibility for the content, products, services, privacy practices, or policies of any third-party websites or advertisers. Further, the Company is not responsible for the practices employed by these third parties linked to or from the Services or Platform, including the information or content contained there. Your interactions with any third-party, including advertisers, are solely between you and such third-party. Any transactions, communications, or engagement that you undertake with third-party advertisers shall be at your own risk, and the Platform shall not be liable for any loss, damage, or claim arising out of or in connection with such interactions. Such third-party services are subject to and governed by that third party's own rules, policies, and practices, and not the Company's Terms. We recommend that you review the applicable terms and privacy policies of any third-party website you choose to visit through the Platform.

12.3 You acknowledge and agree that the Platform may share certain User Information with its authorized third-party partners for the limited purpose of performing analytics related to advertisements displayed on the Platform. Such partners may use this data to measure ad performance, optimize ad delivery, understand user interactions, and improve the relevance of advertisements shown to you. If any personal information is involved in such processing, the processing shall be carried out in accordance with Our Privacy Policy.

13. Modifications

13.1 These Terms are current as of the last updated date set forth above.

13.2 The Company may periodically change these Terms to keep pace with new technologies, industry practices, and regulatory requirements, among other reasons. While the Company expects most such changes to be minor, the Company requests the Users periodically to review the changes.

14. Profanity Policy

14.1 Company is committed to a zero-tolerance policy towards hateful, offensive, vulgar, rude, inappropriate threatening and abusive language or behavior ("Profane Content") and the Company does not permit such Profane Content to be displayed in the Platform, including with respect to:

14.2 Any such action will be dealt in the following manner:

15. Contact Us

You may contact Us through email as mentioned under Paragraph 16, and we will endeavor to respond within a reasonable timeframe.

16. Grievance Redressal

16.1 Any complaints with regards to use of Platform may be taken up with the grievance officer appointed by Company ("Grievance Officer"). The details of the Grievance Officer are as follows:

Grievance Officer: Mr. Ravi Ram Jonnalagadda
Email: grievance@virbhumi.com
Address: 101, D Definity Premises Co-operative Society Limited, Survey No-95, Hissa No-CTS No-364, Jayprakash Road No-01, Goregaon East, Mumbai, Maharashtra, India, 400063

16.2 The Grievance Officer shall acknowledge the complaint within twenty-four hours and dispose of such complaint within a period of fifteen days from the date of its receipt.

16.3 In case the User approaches the Company in relation to the grievance with third party service provider, the Company shall promptly transfer any complaints it receives from Users to the third-party service provider and the same shall be addressed by the third party service provider in accordance with their policies.

17. Force Majeure

Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, pandemics, lockdowns, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder and to take efforts to mitigate the effect of a force majeure event.

18. Governing Law

18.1 These Terms shall be governed by and construed in accordance with the laws of India and the Parties agree that they are bound by the laws of India for the purposes of these Terms and the Services. The Parties agree that the Company shall not be required to follow laws of any other jurisdiction, whether or not such User belongs to a different jurisdiction other than India.

18.2 Parties shall try to resolve any dispute arising out of or in relation to these Terms by mutual discussions, failing which, the same shall be submitted to arbitration under the provisions of the Arbitration and Conciliation Act, 1996 by sole arbitrator appointed by the Company. The place of arbitration shall be Mumbai and the language of arbitration, English. Subject to the foregoing, the courts at Mumbai, India shall have exclusive jurisdiction.

Annexure-A

User Registration and In-App Purchase

1. Paid Content and In-App Purchases

1.1 Access to Paid Services requires the Users to make In-App Purchases.

1.2 You can purchase the Paid Service from the Platform for real world currency. Your access to and use of any Paid Service shall remain subject to these Terms and this Annexure.

1.3 If You wish to purchase the Paid Service , You will have to make a in-app purchase through (a) Our Platform, and to complete such transaction we will direct You to Apple App Store, the Google Play store or other similar third party platform as further described at the point of purchase (“In-App Purchase”) or (b) any other platform where the said Paid Service is made available for sale.

1.4 The details about usage of Paid Service, applicable fees, pricing, billing frequency, renewal terms, taxes, and charges (if any) shall be prominently disclosed prior to completion of the In-App Purchase.

1.5 Upon successful purchase, You will have the right to use the Paid Content or access the Paid Features on Our Platform.

1.6 The price of the Paid Service is determined solely by Us. We reserve the right to change the pricing of Paid Service from time to time as We may determine in our sole discretion. Any change will not affect Paid Service You have already purchased at the time the change comes into effect.

1.7 While making the In-App Purchase, You agree to provide accurate and complete payment information to Apple, Google or any other applicable third party platform. You further agree to pay all fees and taxes incurred by you in relation to such purchases.

1.8 In the event there is a Bank Payment Reversal, and the Paid Content has been delivered to the User, the Company reserves the right to recover payment of such Paid Content from relevant Users or take any other action at its discretion as per these Terms, including, without limitation, reversing the Paid Content.

You understand and agree that by buying the Paid Content, You buy certain license and rights in the Paid Content to be effectively used on the Platform, all other proprietary rights in the artwork of the assets will remain with the Company in perpetuity (Please see Paragraph 11.3 of the Terms).

2. Refunds

2.1 Paid Content once purchased from Platform cannot be returned and/or refunded under any circumstances.

2.2 You will not receive any refunds if You delete the Platform.

2.3 Sale of Paid Content is final and Company shall not provide a refund unless otherwise required by applicable laws

2.4 Users making In-App Purchases will be subject to the applicable payment policy of Apple App Store or Google Play Store. The Company shall not be obligated to assist the User with the refund application to Apple App Store or Google Play Store.

3. Enforceability

In the event of any ambiguity, inconsistency, or discrepancy between the Terms and any of the provisions of this Annexure, the terms and conditions contained in the Annexure shall prevail to the extent of such inconsistency.