Please Read This Agreement Carefully Before Downloading, Installing, Or Using Any Game Or Service Provided By Gamewise Private Limited. By Clicking "I Agree," Creating An Account, Or Accessing The Services, You Acknowledge That You Have Read, Understood, And Agree To Be Bound By These Terms. If You Do Not Agree, Do Not Use The Services
Chargeback Protection and Anti-Fraud Clause. The Company employs fraud detection and monitoring systems to protect the integrity of its revenue operations. The following applies in cases of suspected fraud or chargeback abuse:
Fraud Detection Rights. The Company reserves the right, at any time and without prior notice, to investigate, flag, and act upon transactions it reasonably suspects to be fraudulent, exploitative, or in violation of this Agreement. Actions may include suspension of the Account pending investigation, reversal or cancellation of specific transactions, or permanent termination of access.
Compliance with Applicable Law. Nothing in this Section shall limit or exclude any statutory rights available to Users under consumer protection laws of their applicable jurisdiction that cannot be contractually waived, including but not limited to the Consumer Protection Act, 2019 (India), applicable European consumer rights directives, or equivalent legislation. Where mandatory statutory rights apply, they shall prevail only to the minimum extent required by law, and all other provisions of this Section shall remain in full force and effect.
Company's Right to Act. The Company may suspend, restrict, or terminate a User’s access to the Services for reasonable cause, including but not limited to breach of this Agreement, fraud, abuse, or legal compliance requirements. Where practicable, the Company shall provide prior notice of such action. In cases involving security risks, fraud, or legal obligations, the Company may act without prior notice, provided that post-action notification is given within a reasonable time.
Grounds for Action. Without limiting the generality of Section 6.1, the Company may take such action where the User has, in the Company's reasonable determination: (a) violated any provision of this Agreement; (b) engaged in cheating, hacking, exploitation of glitches or bugs, use of unauthorized third-party software, bots, macros, or automated gameplay tools; (c) reverse engineered, decompiled, disassembled, or tampered with the Services or any component thereof; (d) engaged in conduct harmful to other users, the Company, or the integrity of the Services; (e) made fraudulent, abusive, or chargeback transactions; (f) created multiple Accounts in violation of this Agreement; or (g) violated any Applicable Law.
No Liability for Consequences of Termination. Upon suspension or termination of an Account, whether initiated by the Company or by the User: (a) all licenses granted under this Agreement are immediately revoked; (b) the User shall forfeit all Virtual Goods, in-game progress, accumulated currency, and any other benefits or entitlements associated with the Account; (c) the Company shall have no obligation to provide compensation, refund, or account data to the terminated User, except where required by mandatory Applicable Law; and (d) the Company shall not be liable for any loss, inconvenience, or damage resulting from such termination, including loss of game progress, purchased items, social connections within the Services, or any other Account-related benefits.
User-Initiated Deletion. Users may request deletion of their Account at any time through the in-app settings or by contacting [support email]. Account deletion requests will be processed in accordance with the Company's data retention obligations. Virtual Goods and Account progress will be permanently deleted upon account closure and are not recoverable.
Survival. Provisions of this Agreement that by their nature should survive termination, including but not limited to provisions relating to intellectual property, limitation of liability, indemnification, arbitration, and governing law, shall survive any termination or expiration of this Agreement.
Prohibited Activities. You agree that You shall not engage in, facilitate, or encourage any of the following: (a) using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software in connection with the Services; (b) reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code, algorithms, or underlying data from the Services; (c) interfering with or disrupting the integrity or performance of the Services or data contained therein; (d) harassing, threatening, defaming, or abusing other users through any feature of the Services; (e) uploading or transmitting viruses, malware, or any other harmful or disruptive code; (f) attempting to gain unauthorized access to any Account, system, or network associated with the Services; (g) engaging in any activity that could expose the Company or other users to legal liability; (h) collecting or harvesting data from the Services without written authorization; (i) commercially exploiting any part of the Services, including unauthorized streaming for profit, without the Company's written consent; or (j) using the Services in any manner prohibited by Applicable Law.
Consequences of Prohibited Conduct. Violation of this Section may result in immediate suspension or termination of the Account, forfeiture of all associated Virtual Goods and progress, legal action under Applicable Law, and reporting to relevant law enforcement or regulatory authorities.
Company Ownership. The Company owns or holds valid licenses to all rights, title, and interest in and to the Services, including without limitation all game code, software, source code, object code, graphics, artwork, animations, audio, music, video, text, user interface designs, gameplay mechanics, characters, storylines, trade names, trademarks, service marks, logos, and all other intellectual property embodied in or associated with the Services. All such rights are protected under the Copyright Act, 1957 (India), the Trade Marks Act, 1999 (India), and applicable international intellectual property conventions.
No Transfer of IP Rights. Nothing in this Agreement transfers or conveys to You any ownership or interest in the Company's intellectual property. Your use of the Services does not grant You any rights beyond the limited license described in Section 3.
Prohibited IP Activities. You agree not to: (a) copy, reproduce, distribute, or commercially exploit any part of the Services or Company Content; (b) create or distribute unauthorized modifications (mods) of the Services without the Company's express written consent; (c) use the Company's trademarks, branding, or game assets in any manner not expressly authorized; or (d) stream, broadcast, or publicly perform the Services for commercial gain without prior written authorization from the Company.
User-Generated Content License. To the extent that the Services permit Users to create, submit, or share UGC, You hereby grant the Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and otherwise exploit such UGC in connection with the Services and the Company's business operations. You represent and warrant that You have all rights necessary to grant this license and that Your UGC does not infringe the intellectual property or other rights of any third party.
Right to Remove Content. The Company reserves the right to remove, disable, or modify any UGC at any time and without notice, for any reason including but not limited to violation of this Agreement, third-party rights, or Applicable Law.
Data Collected. In connection with the Services, the Company may collect and process the following categories of personal data: (a) device identifiers; (b) email address; (c) hashed and encrypted passwords; (d) geolocation data (where applicable and with consent); (e) demographic information; (f) gameplay data and behavioral analytics; and (g) communications submitted through support channels.
Legal Bases for Processing. The Company processes personal data on the following legal bases: (a) Consent — where You have affirmatively provided consent to specific processing activities; (b) Contractual Necessity — processing required to perform this Agreement and deliver the Services; (c) Legitimate Interest — processing necessary for fraud prevention, security, analytics, and product improvement, where such interests are not overridden by Your fundamental rights; and (d) Legal Obligation — processing required to comply with Applicable Law.
Cross-Border Data Transfers. The Company may transfer personal data to servers, processors, and service providers located in jurisdictions outside India, including within the European Economic Area, the United States, and other territories. All cross-border transfers shall be conducted with appropriate safeguards, including standard contractual clauses, adequacy determinations, or other mechanisms recognized under applicable data protection law, including the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 (India), the GDPR (where applicable), and the CCPA (where applicable).
Data Retention. The Company retains personal data for as long as necessary to provide the Services, fulfill the purposes described in this Agreement and the Privacy Policy, comply with legal obligations, resolve disputes, and enforce agreements. Upon expiry of the applicable retention period, personal data shall be securely deleted or anonymized.
User Rights. Subject to Applicable Law, Users may exercise the following rights with respect to their personal data: (a) the right to access their personal data held by the Company; (b) the right to request correction of inaccurate or incomplete data; (c) the right to request deletion of their personal data ("right to be forgotten"); (d) the right to data portability in a structured, machine-readable format; (e) the right to withdraw consent at any time without affecting the lawfulness of prior processing; and (f) the right to lodge a complaint with the relevant data protection authority. Requests to exercise these rights should be submitted to gamewise@capsitech.com.
Password Security. The Company stores all user passwords using industry-standard cryptographic hashing algorithms. Plain text passwords are never stored or transmitted.
Privacy Policy. Data collection, processing, and protection practices are governed in further detail by the Company's Privacy Policy, which is incorporated into this Agreement by reference and available at Privacy Policy – TheGameWise
Integration of Third-Party Services. The Services incorporate, integrate, or rely upon Third-Party Services including but not limited to: Google LLC (Firebase, Google Login, Google Play Services), Meta Platforms, Inc. (Facebook Login, Meta SDK), AppLovin Corporation (advertising and monetization), and Godot Engine (open-source engine). The Company's use of these services is subject to the respective terms, licenses, and privacy policies of each third-party provider.
No Liability for Third-Party Services. All Third-Party Services are provided on an "as is" and "as available" basis. The Company makes no representations, warranties, or guarantees regarding the performance, availability, security, accuracy, or reliability of any Third-Party Service. The Company expressly disclaims all liability for: (a) service outages, interruptions, or failures caused by third-party infrastructure; (b) the advertising content, targeting practices, or data collection practices of third-party advertising networks; (c) any privacy breach, data incident, or unauthorized access attributable to third-party systems; and (d) any loss, damage, or claim arising from the User's interaction with Third-Party Services.
Third-Party Links and Advertisements. The Services may display advertisements or links to third-party websites and platforms. The Company does not endorse, control, or assume responsibility for any third-party content, website, product, or service. Users access third-party resources at their own risk.
Platform Compliance — Apple App Store and Google Play Store. The Services are distributed through the Apple App Store and Google Play Store. The Company's obligations under this Agreement are solely between the Company and the User. Apple Inc. and Google LLC are not parties to this Agreement, are not responsible for the Services, and have no warranty, support, or liability obligations with respect thereto. The User acknowledges that Apple and Google are third-party beneficiaries of this Agreement with respect to the EULA terms, to the extent required by their respective developer agreements.
Apple-Specific EULA Acknowledgment. In accordance with Apple's App Store Review Guidelines, the User acknowledges that: (a) this Agreement is between the User and the Company only, and not with Apple; (b) Apple has no obligation to provide maintenance or support services for the application; (c) in the event of a product liability claim, warranty claim, or third-party intellectual property claim, the Company (not Apple) is solely responsible; and (d) Apple has no responsibility for addressing any claims by the User or third parties relating to the application.
"As Is" Basis. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
No Guarantee of Availability. The Company does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. The Company does not warrant that defects will be corrected or that the Services will meet Your expectations or requirements.
No Warranty on Virtual Goods. The Company makes no warranty regarding the continued availability of any Virtual Goods, in-game features, or game content. The Company reserves the right to modify or discontinue Virtual Goods at any time.
Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF GAME PROGRESS, LOSS OF VIRTUAL GOODS, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED: (a) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (b) INR 500 (FIVE HUNDRED INDIAN RUPEES), WHICHEVER IS GREATER.
Basis of Bargain. You acknowledge that the limitations of liability in this Section are a fundamental element of the basis of the bargain between You and the Company, and that the Company would not have provided the Services absent such limitations.
Consumer Rights Carve-Out. Nothing in this Section shall limit or exclude liability for death, personal injury, or fraud caused by the Company's negligence, or any other liability that cannot be excluded or limited by Applicable Law.
User Indemnification Obligation. You agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, contractors, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to: (a) Your use of or access to the Services; (b) Your violation of this Agreement; (c) Your violation of any Applicable Law; (d) Your UGC; (e) Your infringement of any third-party right; or (f) any fraud, misrepresentation, or unauthorized activity associated with Your Account.
The Company develops and publishes mobile games primarily designed for a general audience, including children aged three (3) years and above. The Company's games are, by design intent, non-violent, non-harmful, non-gambling, and suitable for general family entertainment unless explicitly designated otherwise by a specific age rating applied to a particular title or feature.
The Company is committed to providing a safe, inclusive, and age-appropriate gaming environment. Nothing in the Services is designed to exploit, manipulate, or cause harm to any user, including minors.
While the majority of the Company's titles are suitable for general audiences, certain games, game modes, features, or content categories within the Services may be designated with a minimum age rating of thirteen (13) years or higher, based on the nature of the content, the presence of social or community features, or the availability of In-App Purchases within that title.
The applicable age rating for each game is clearly indicated on the respective product listing on the Google Play Store, Apple App Store, and any other distribution platform through which the Services are made available. Users, and where applicable, parents and legal guardians, are required to review and comply with the age rating assigned to each specific title before downloading, installing, or permitting use of that title.
The Company reserves the right to modify the age classification of any title or feature at any time, including in response to updates to content, features, or applicable law. Such modifications will be reflected in the updated platform listing and, where material, communicated through in-app notification.
Platform Age Ratings.The Company complies with the content rating frameworks established by the Google Play Store (Google Play Families Policy and content rating system) and the Apple App Store (App Store Review Guidelines and age rating categories). Age ratings displayed on these platforms are binding indicators of the minimum age suitability for the respective title and are incorporated into this Agreement by reference.
Users who have not attained the age of majority in their applicable jurisdiction, or who are below the minimum age rating applicable to a specific game or feature, must only access and use the Services under the direct supervision of, and with the prior informed consent of, a parent or legal guardian.
By permitting a minor to access, register for, or use the Services, the parent or legal guardian of such minor: (a) unconditionally accepts and agrees to be bound by this Agreement in its entirety on behalf of the minor; (b) assumes full and sole responsibility for ensuring that the minor's use of the Services is lawful, appropriate, and consistent with the terms herein; (c) accepts full responsibility for all activity conducted through the minor's Account, including all In-App Purchases, communications, and interactions; and (d) agrees to supervise the minor's use of the Services and to implement appropriate device-level parental controls and safeguards.
The Company strongly recommends that parents and legal guardians actively engage with the parental control features available on the minor's device and through the applicable distribution platforms, including but not limited to Google Family Link and Apple Screen Time and Purchase Approval features, to prevent unauthorized or unsupervised use of the Services.
The Company does not independently verify the age of any User at the point of account registration or access, except to the extent technically feasible or required by Applicable Law. The Company relies in good faith on the representations made by Users and, where applicable, by parents and legal guardians.
The Company shall not be liable for unauthorized use of the Services by minors to the extent permitted under Applicable Law. This does not exclude liability where the Company has failed to comply with legal obligations relating to child safety, data protection, or consumer protection.
Full and exclusive responsibility for monitoring, controlling, and supervising a minor's access to and use of the Services lies with the minor's parent or legal guardian. The Company provides the Services in good faith reliance on parental oversight and shall not be held accountable for failures of supervision at the household or device level.
Minimization Principle.The Company is committed to the principle of data minimization with respect to all users, and applies heightened care in the collection, processing, and storage of personal data relating to minors. The Company does not collect personal data from minors beyond what is strictly necessary for the provision of the Services.
No Intentional Exploitation of Children's Data. The Company does not knowingly use, share, sell, or otherwise exploit the personal data of minors for commercial profiling, targeted advertising based on personal characteristics, or any other purpose that is not directly necessary to deliver the Services in a safe and age-appropriate manner.
Legal Basis for Processing. To the extent that personal data of minors is processed in connection with the Services, such processing shall be based on: (a) the consent of the parent or legal guardian of the minor, obtained in a verifiable manner where required by Applicable Law; (b) the necessity of such processing for the performance of this Agreement; or (c) a legitimate interest of the Company that is not overridden by the interests or fundamental rights of the minor, applied only where such processing is genuinely proportionate and non-exploitative.
GDPR Child Data Protections — EU/EEA Users. For users located in the European Union or European Economic Area, the Company complies with Article 8 of the General Data Protection Regulation (EU) 2016/679, which requires parental or guardian consent for the processing of personal data of children below the age of sixteen (16) years, or such lower age as established by the applicable EU Member State. Where the Company determines or reasonably suspects that a user is below the applicable age threshold, the Company shall: (a) not process such user's personal data for any non-essential purpose without verifiable parental consent; and (b) take reasonable steps to verify that consent has been provided by a person with parental responsibility.
Discovery of Unverified Minor Data. If the Company becomes aware that it has inadvertently collected personal data from a child below the applicable age threshold without obtaining the required parental consent, the Company shall promptly take steps to delete such data from its records, unless retention is required by Applicable Law. Parents or guardians who believe that their child's personal data has been collected without proper consent are encouraged to contact the Company's Grievance Officer at gamewise@capsitech.com for prompt resolution.
Minors must not make any In-App Purchase without the prior knowledge, authorization, and supervision of their parent or legal guardian.
Parents or legal guardians are responsible for supervising a minor’s use of the Services, including purchases. However, this shall not limit any statutory rights available under Applicable Law relating to unauthorized transactions involving minors.
The Company shall not be liable for any In-App Purchase made by a minor without parental knowledge or consent. The Company strongly recommends that parents and legal guardians: (a) enable purchase approval settings available through Google Play Store (Parental Controls and Require Authentication for Purchases) and Apple App Store (Ask to Buy via Family Sharing); and (b) avoid storing payment credentials on devices accessible to minors.
Refunds for purchases made by minors without parental consent shall be governed by the refund and purchase finality provisions of Section 5 of this Agreement and, where applicable, the policies of the relevant distribution platform. The Company does not guarantee refunds in such circumstances.
The Company reserves the right, at its sole discretion and without prior notice, to restrict, suspend, or permanently terminate access to any Account or to specific features of the Services where: (a) the Company reasonably suspects that a User has misrepresented their age in order to access age-restricted content or features; (b) a User is found to have accessed Services not suitable for their age category; or (c) any parent, legal guardian, or regulatory authority notifies the Company that a minor is using the Services in a manner inconsistent with this Agreement or Applicable Law.
Upon termination of an Account pursuant to this Section, all associated Virtual Goods, game progress, and Account data shall be handled in accordance with the termination and data retention provisions of this Agreement. No compensation, refund, or restoration of Account benefits shall be owed in connection with a termination arising from age misrepresentation.
The Company may at any time introduce additional age verification mechanisms or technical controls, including but not limited to age gate prompts, parental consent workflows, or identity verification processes, in order to comply with evolving legal requirements or platform policies.
This Section is to be read and construed in conjunction with the data protection and privacy provisions of Section 9, the limitation of liability provisions of Section 12, and the In-App Purchases provisions of Section 5 of this Agreement.
The Company's obligations under this Section are subject to Applicable Law, including the Information Technology Act, 2000 (India), the Digital Personal Data Protection Act, 2023 (India), the Consumer Protection Act, 2019 (India), and applicable provisions of the General Data Protection Regulation (EU) 2016/679, each as amended or replaced from time to time.
Nothing in this Section shall be construed to limit any mandatory rights available to minors or their parents and legal guardians under consumer protection or data protection laws applicable in their jurisdiction of residence.
Pre-Dispute Cool-Off Period. Before initiating any formal dispute resolution process, the aggrieved party must notify the other party in writing of the nature and basis of the dispute and the specific relief sought. The parties shall make good-faith efforts to resolve the dispute informally for a period of thirty (30) days from the date of such notice (the "Cool-Off Period"). If the dispute is not resolved within the Cool-Off Period, either party may proceed to arbitration as provided below.
Mandatory Arbitration. Except as provided in Section 15.6, any and all disputes, controversies, or claims arising out of or relating to this Agreement, the Services, or the breach, termination, enforceability, or validity thereof shall be finally resolved by binding arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996 (India), as amended from time to time.
Seat and Venue of Arbitration. The seat and venue of arbitration shall be Jodhpur, Rajasthan, India. The arbitral proceedings shall be conducted in the English language.
Arbitral Tribunal. The arbitration shall be conducted before a sole arbitrator mutually appointed by the parties. If the parties fail to agree on the appointment of a sole arbitrator within fifteen (15) days of the expiry of the Cool-Off Period, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996.
Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION, COLLECTIVE ACTION, MASS ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY. All disputes shall be resolved strictly on an individual basis. This waiver applies to all Users including those in jurisdictions where class action waivers may be subject to local legal limitations, in which case the waiver shall apply to the fullest extent permitted by local law.
Injunctive Relief. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from courts of competent jurisdiction in Jodhpur, Rajasthan, to prevent irreparable harm pending arbitration. Seeking such relief shall not constitute a waiver of the right to arbitration.
Arbitration Costs. Each party shall bear its own costs of arbitration unless the arbitral tribunal determines otherwise. The Company shall not seek recovery of arbitration fees in any arbitration where You seek individual non-monetary relief that is reasonable in scope.
Governing Law. This Agreement and all disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
Jurisdiction. Subject to the mandatory arbitration provisions of Section 15, the courts of Jodhpur, Rajasthan, India shall have exclusive jurisdiction to hear and determine any matter that is not subject to arbitration under this Agreement.
International Users — Fallback Enforceability. The Company makes no representation that the Services are appropriate or available for use in all jurisdictions. Users access the Services from jurisdictions outside India at their own risk and are solely responsible for compliance with local laws. To the extent that any provision of this Agreement conflicts with mandatory local law provisions in a User's jurisdiction that cannot be waived, such mandatory provisions shall apply to the minimum extent required, without affecting the validity and enforceability of all remaining provisions.
GDPR Compliance — EU/EEA Users. Users in the European Union or European Economic Area are entitled to the data protection rights afforded under the General Data Protection Regulation (EU) 2016/679. Where GDPR applies, the Company shall act as a data controller with respect to personal data processed in connection with the Services. Data processing agreements and related documentation are available upon request.
CCPA Compliance — California Users. Users who are California residents are entitled to certain rights under the California Consumer Privacy Act of 2018, as amended. California residents may request disclosure of the categories and specific pieces of personal information collected, request deletion of their personal information, and opt out of the sale of personal information. The Company does not sell personal information as defined under the CCPA.
Community Standards. Users interacting with other users through any social or community feature of the Services agree to conduct themselves in a respectful, lawful, and non-harmful manner.
Prohibited Community Conduct. Users must not: (a) post, transmit, or share content that is defamatory, obscene, threatening, discriminatory, or violates the rights of others; (b) engage in harassment, bullying, or targeted abuse of other users; (c) impersonate any person or entity; (d) share or distribute content that violates any Applicable Law; or (e) engage in any conduct that the Company, in its sole discretion, determines to be harmful to the community.
Content Moderation. The Company reserves the right, but not the obligation, to monitor, review, and remove any UGC that violates this Agreement or Applicable Law. The Company assumes no liability for failure to remove any UGC.
If any provision of this Agreement is held by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, unenforceable, or void, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Agreement. The remaining provisions shall continue in full force and effect. The invalidity of any provision in one jurisdiction shall not affect the validity of such provision in any other jurisdiction.
The failure of the Company to enforce any provision of this Agreement or to exercise any right hereunder shall not constitute a waiver of such provision or right. No waiver of any breach shall be deemed a continuing waiver or a waiver of any subsequent breach.
The Company shall not be liable for any delay or failure in the performance of its obligations under this Agreement resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, governmental actions, regulatory restrictions, internet or telecommunications failures, cyberattacks, power outages, or actions of third-party service providers. In such circumstances, the Company's obligations shall be suspended for the duration of the force majeure event.
The Company reserves the right to modify, supplement, or replace this Agreement at any time, for any reason, at its sole discretion. Updated versions will be posted on the Company's website and notified through in-app mechanisms. The date of the most recent revision will be reflected in the "Last Updated" field at the top of this document. Your continued use of the Services after the effective date of any modification constitutes Your binding acceptance of the revised Agreement.
All notices from the Company to You shall be delivered via in-app notification, email to Your registered address, or posting on the Company's website. All notices from You to the Company should be directed to gamewise@capsitech.com or by post to the Company's registered office at CP1 & 2 Agro Food Park RIICO Industrial Area Boranada, Jodhpur, Rajasthan-342012
For any queries, complaints, or requests relating to this Agreement, please contact:
Address: CP1 & 2 Agro Food Park RIICO Industrial Area Boranada, Jodhpur, Rajasthan-342012
Response Time: Within 30 days of receipt of complaint, as required under the Information Technology Act, 2000, and the Consumer Protection Act, 2019.
By using the Services, You confirm that You have read, understood, and agreed to be bound by this Terms of Service and End User License Agreement in its entirety.
We empower our team of skilled developers, designers, and artists to explore their creativity and transform innovative ideas into exceptional gaming experiences.
Capsitech IT Services Private Limited
CP1 & 2 Agro Food Park RIICO Industrial Area,
Boranada, Jodhpur, Rajasthan 342012
