Terms of Use

Last Updated on 15th July, 2026

Gati Lite (the “Platform”) is operated by Dyumn Tech Pvt Ltd (hereinafter referred to as “Company”, “We”, “Us”, “Our”), which offers an online game (“Game”) to the persons accessing it (hereinafter referred to as “User”, “You”, “Your”) (collectively, the “Services”).

These Terms of Use (“Terms”) constitute an electronic record as per the applicable laws and rules. 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 on which We offer You access to and use of Our Platform and other Services. By visiting Our Platform and/or using Our Services, You agree to be bound by these Terms, including the additional terms, conditions and policies referenced herein.

1. Key Definitions Used in these Terms

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

1.2 “Inactivity” shall mean the User not accessing or playing the Game for 7 (seven) continuous days.

1.3 “Game Content” shall mean in-game features, digital elements and all other content made available within the Game, including, without limitation, all levels, features, assets and gameplay elements, virtual items, merchandise, stories, dialogues, catch phrases, concepts, artwork, characters, power-ups, upgrades, cosmetic enhancements, animations, sounds, musical compositions, audio-visual effects, methods of operation, documentation, downloadable content, additional gameplay functionalities, or any other digital assets made available within the Game, whether part of Paid Content or content made available freely for use within the Game or for availing certain benefits while playing the Game as shall be detailed on the Platform.

1.4 “Paid Content” means certain Game Content, features, functionalities, including, without limitation, the ad-free feature made available on the Platform to a User in exchange for payment through In-App Purchases, the details of usage of which shall be as provided on the Platform.

1.5 “Privacy Policy” means Our privacy policy available at https://gati-lite.virbhumi.com/privacy-policy.html (“Privacy Policy”).

1.6 “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 must be natural persons who have full capacity to avail the Services and access the Platform and are able to assume legal responsibilities independently.

2.2 You must not access this Platform if You are below the age of majority applicable in Your jurisdiction.

3. User Registration

3.1 In order to use the Services, You must register for and maintain a User account (“Account”).

3.2 You can create an Account on the Platform by providing Your mobile number (through OTP verification), by using your existing Google account single sign-on (“Google SSO”), or, where the Game is accessed on Apple devices, by using Sign in with Apple. Once an Account is created, You can log in using the OTP received on Your registered mobile number or by using the applicable single sign-on method.

3.3 You must use the Account in accordance with these Terms and You shall not: (a) have more than one Account at any given time; (b) sell or give away Your Account; (c) create an Account using a false identity or information, or on behalf of someone other than Yourself; or (d) use Your Account for commercial purposes. You agree that You are solely responsible to Us and to others for Your access to and use of the Services and the activity that occurs under Your Account.

3.4 User Information shared for registration must be accurate, current and complete, and should be kept up to date, and the same will be governed by the Company’s Privacy Policy. We may deny registration if it is found that the information provided is not accurate. The Services are made available to Users worldwide; however, We make no representation that the Platform or the Services are appropriate, lawful or available for use in all jurisdictions. Accessing the Platform from any territory where the Services or any part thereof are unlawful is prohibited, and Users who choose to access the Platform do so on their own initiative and are responsible for compliance with their local laws. We reserve the right to restrict the availability of the Platform or any Services in any jurisdiction at any time at Our sole discretion.

3.5 We reserve the right to deny User registration with or without attributing any specific reason.

3.6 We will send any important information relating to Your Account to You using the contact information You provide (including account security and privacy notices). You can check and update some of the information that You have provided to Us at any time via the Platform.

3.7 You shall keep Your Account credentials confidential and shall not disclose them to any third party.

3.8 Any information shared by the User with the Company including the username, shall constitute “User Content”. To the extent that such User Content qualifies as personally identifiable information under applicable law, the collection, use, storage, processing and disclosure of such User Information shall be governed by and carried out in accordance with the Company’s Privacy Policy, as may be updated from time to time.

4. Charges and Payments

The Services are available free of charge for participating in the Game, other than in relation to the Paid Content that Users may purchase. However, We reserve the right to charge fees at any point in time at Our discretion upon prior intimation to the Users.

5. The Platform

5.1 The Game must be accessed through a mobile device. The Game is made available for use through an active internet connection. You acknowledge and agree that access to the Game, its features, updates and online functionalities requires a stable and uninterrupted internet connection, which You must arrange and maintain at Your own cost. 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 internet-related limitations.

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

• to create an Account;
• to access the details of the Game; and
• to participate in the Game.

5.3 You acknowledge the importance of communication between the Company and the User during the User’s use of the Platform and hereby agree to receive related correspondence and updates from the Company.

5.4 Certain details of the Paid Content including the availability, usage pricing etc. of which will be as provided on the Platform. In order to access or use such Paid Content or to receive the associated benefits, You may be required to make one or more In-App Purchases.

5.5 You acknowledge and agree that in order to provide You with enhanced Services on the Platform, there will be periodic updates to the Services and that You may be required to accept and install such updates on Your mobile device. These updates to Services may be carried out by Us with or without notifying you. You may also need to update third-party software from time to time in order to receive the Services and play the Game.

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

6. Paid Content and In-App Purchases

6.1 All Game Content is provided solely for entertainment purposes and is intended to enhance the User’s gameplay experience. Game Content does not possess any real-world monetary or transferable value.

6.2 You can either win Game Content while playing on the Platform or purchase Paid Content from the Platform for real-world currency. Your access to and use of any Game Content shall remain subject to these Terms.

6.3 If You wish to purchase any Paid Content, You will have to make a purchase through (a) Our Platform, and to complete such transaction We will direct You to the Apple App Store or the Google Play Store (“In-App Purchase”); or (b) any other platform where the said Paid Content is made available for sale. Upon successful purchase, You will have the right to use the Paid Content on Our Platform. The features of the ad-free feature of the Paid Content purchased through In-App Purchase are set out in Annexure A.

6.4 The transfer of any Game Content is prohibited except where expressly authorized within the Services. Other than as expressly authorized within the Services, You shall not sell, redeem or otherwise transfer Game Content to any person or entity, another User or any third party.

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

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

6.7 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. 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.

6.8 There is no limitation on the amount of Paid Content that Users can purchase. In relation to In-App Purchases, You agree to pay all fees and taxes incurred on Your Account. In the event there is a Bank Payment Reversal and the Paid Content has been delivered to or activated for the User, the Company reserves the right to recover payment for such Paid Content from the relevant User or take any other action at its discretion as per these Terms, including, without limitation, reversing the Paid Content.

6.9 You understand and agree that by buying Paid Content You acquire only a limited license and rights in the Paid Content to be used on the Platform; all other proprietary rights in the artwork and assets will remain with the Company in perpetuity (please see Paragraph 16.2 below).

6.10 The Company reserves the right to manage, regulate, control, modify or eliminate Game Content at any time, with or without notice, provided that, in respect of Paid Content already purchased, the Company will act reasonably and without prejudice to Users’ rights under applicable law. Subject to the foregoing and to applicable law, the Company shall have no liability to You or any third party in the event the Company exercises any such rights.

7. Expiration of Game Content

7.1 In case of Inactivity of any User, the Company may, at its discretion, take down or remove unopened or unrevealed Game Content which was not purchased by such User and was received for free or won by such User while accessing the Game (“Non-purchased Game Content”). Notwithstanding anything else contained in these Terms, Non-purchased Game Content taken down by the Company as above shall be deemed to have expired and Users shall not have any right over the same. This Paragraph applies only to Non-purchased Game Content, and nothing in this Paragraph shall apply to Game Content purchased by Users for consideration.

7.2 By using the Platform, Users acknowledge and accept that any expired or removed Non-purchased Game Content will not be restored, replaced or refunded, and the Company bears no liability for such actions, except to the extent otherwise required by applicable law.

8. User Referral Program

8.1 Subject to these Terms, Users who refer other persons to the Game (“Referring User”) may be eligible for the Referral Reward (as defined below) under the User referral program of the Company.

8.2 Referral Process: Users can access their unique referral code (“Code”) or link (“Link”) available on their Account, which Code and Link shall collectively be referred to as the “Referral Code”. The Referring User may share their Referral Code with other persons who do not have an account on the Platform (“Referred Users”).

8.3 A referral is considered valid only when (“Qualifying Referral”):

• the Referred User is not a person who is a registered User of the Platform or has a User account on the Platform;
• the Referred User has completed his/her registration on the Platform as per Paragraph 3.2 above;
• the Referred User uses the Referral Code during registration of the Account on the Platform or, having registered without a Referral Code, subsequently adds or applies the Referral Code provided by the Referring User on the Platform, in such manner and within 3 (three) days of registration; and
• the Referring User and the Referred User access the Platform from a jurisdiction in which the User referral program is made available by the Company. The Company reserves the right to restrict, modify or withdraw the availability of Referral Rewards in any jurisdiction at its sole discretion, including where such rewards are restricted under applicable local laws.

8.4 Referral Rewards: Referring Users may be entitled to in-Game rewards or other non-cash benefits, as applicable (“Referral Reward”), in relation to each Qualifying Referral, upon such Referred User meeting the milestones prescribed on the Platform for the applicable Referral Reward (“Reward Criteria”). Referral Rewards are not redeemable or exchangeable for cash or real-world money. Any referral not considered a Qualifying Referral shall not be considered for Referral Rewards.

8.5 The Referring User shall not:

• misrepresent the Platform to Referred Users;
• use spam, unsolicited emails or other forms of bulk communication to distribute Referral Codes;
• create multiple accounts to generate additional rewards;
• engage in any fraudulent or abusive behavior, as determined at the Company’s sole discretion; or
• abuse or misuse the referral process, including by indiscriminately, excessively, or unnecessarily distributing Referral Codes in a manner inconsistent with the intended purpose of genuine user referrals, as determined by the Company in its sole discretion (“Referral Abuse”).

8.6 Any Referring User may, at the Company’s sole discretion, be disqualified from receiving the Referral Reward. Any violations under this Paragraph may result in the Referring User’s disqualification from the referral program.

8.7 Fulfilment: Upon satisfaction of the relevant Reward Criteria, the applicable Referral Reward shall be visible on the Account of the Referring User within such period as provided on the Platform for different Referral Rewards, which time period may be extended at the discretion of the Company upon communication to the Users on a case-to-case basis.

8.8 The Company reserves the absolute right, at its sole discretion, to suspend, restrict, withhold rewards from, or permanently block any Referring User account found to be engaging in Referral Abuse, misuse of Referral Codes, without prior notice and without any liability to the Company.

8.9 The Company reserves the right, at its sole discretion, to modify, amend, suspend, or discontinue the referral process or any part of the referral process (including eligibility criteria, reward structure, qualification requirements, timelines, or distribution process) at any time. The applicable referral process and terms shall be as displayed on the Platform from time to time, and continued participation in the referral program shall constitute acceptance of such revised terms.

9. Termination

9.1 These Terms are effective unless and until the User Account is terminated either by the User or by Us. Upon termination, the Users shall cease to hold any right in any of the Game Content.

9.2 Suspension of Services and Termination by Company: The Company may suspend or terminate access to the User’s Account if:

• there is unauthorized access to the User’s Account;
• there is a violation of these Terms;
• the User’s use of the Platform and/or Services is in violation of applicable laws or regulations;
• the User’s use of the Platform and/or Services poses a risk to the Platform or other Users of the Platform and/or Services; or
• of such other reason as the Company may determine at its discretion, acting reasonably.

9.3 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 Account and/or Services, without prejudice to other remedies that may be available under these Terms or applicable laws.

9.4 You may terminate these Terms at any time by deleting Your Account on the Platform and discontinuing Your access to and use of the Platform.

9.5 These Terms may automatically terminate when the User completely and permanently ceases to use the Services for a continuous period of 12 (twelve) months, provided that the Company shall give the User at least 30 (thirty) days’ prior notice of such termination using the contact information provided by the User, during which period the User may resume use of the Services to keep the Account active.

9.6 Upon termination of these Terms, the User shall cease to hold any rights in any of the Game Content. Termination shall not affect any rights, remedies or refunds to which the User remains entitled under applicable law as at the date of termination.

10. Refunds

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

10.2 You will not receive any refunds if You delete the application.

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

10.4 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.

10.5 Consumers in the European Union, European Economic Area and United Kingdom: You may have a statutory right to withdraw from a purchase of digital content within 14 (fourteen) days without giving any reason. However, by purchasing Paid Content and requesting its immediate delivery, You expressly consent to the immediate supply of the digital content and acknowledge that You thereby lose Your right of withdrawal once the supply has begun. This does not affect Your statutory remedies in respect of digital content that is faulty or not as described.

11. Use of the Platform and/or Services

11.1 In connection with the User’s use of the Platform and/or Services, 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.

11.2 The User shall at all times ensure full compliance with the provisions of all applicable laws and regulations, including but not limited to laws relating to information technology, data protection and consumer protection applicable in the jurisdiction from which the User accesses the Platform.

12. Disclaimers

12.1 The Platform provides Users an electronic platform which can be used as per these Terms. To the fullest extent permitted by applicable law, the Company does not guarantee, represent or warrant that:

• Your use of Our Services will be uninterrupted, timely, secure or error-free;
• the Company may suspend or discontinue the Services, subject to applicable law and reasonable notice where required;
• the Services will conform with conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement;
• any particular quality of service will be obtained through the use of the Services; or
• any product or service advertised or offered by a third party through the Platform, or through any hyperlinked website, banner or other advertising.

12.2 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 AI technology is new and evolving. You acknowledge and agree that, in addition to the limitations and restrictions set forth in these Terms, numerous limitations 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, which 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; and (e) AI technology can perpetuate biases present in the data used to train it, which can result in output that is discriminatory or offensive.

12.3 The Platform may utilize certain third-party AI programs for certain features. The use and functioning of these AI programs are subject to the respective terms and conditions of the third-party entities providing such programs. Users acknowledge that the Company employs 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, to the extent permitted by applicable law, any liability for errors, omissions or reliance placed on such AI-generated features.

12.4 The User understands and agrees that the User participates in the Game at the User’s own discretion and risk.

12.5 The Game is not an online real money game involving the deposit of money for entering into a contest, race or game with the intent of winning money or money’s worth.

12.6 The Game is an online social game 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 for 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.

12.7 The Game requires strategy, decision-making, judgment and skill to play and win and is not a 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 makes no representations about Your or any other User’s chances of winning or losing.

12.8 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.

12.9 The Company does not have any role in developing the User Information displayed on the Platform, if any. The Company has no control over User Information and acts merely as an intermediary under applicable laws for the purposes of these Terms.

12.10 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES, AND ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN THE PLATFORM AND SERVICES, ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND. THE COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AS WELL AS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM AND SERVICES, AND ANY WARRANTIES FOR ANY SERVICE OR ADVICE OBTAINED THROUGH THE PLATFORM OR SERVICES ADVERTISED ON THE PLATFORM AND RECEIVED THROUGH ANY LINKS PROVIDED BY THE PLATFORM.

12.11 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 USES THE PLATFORM AND SERVICES AT HIS/HER OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL OR DATA.

12.12 Some jurisdictions do not allow the exclusion of implied warranties or conditions, so some or all of the above exclusions may not apply to You. You may also have other rights that vary from jurisdiction to jurisdiction. Nothing in this Paragraph 12 limits or excludes any rights or remedies You have under applicable law that cannot be limited or excluded.

13. Limited License

13.1 We grant You a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to use and enjoy Our Services and Game Content for Your individual entertainment purposes only, expressly conditioned upon Your compliance with these Terms (“License”).

13.2 If Your Account is terminated by Us due to any reason, the License granted under this Paragraph 13 shall stand terminated and Your rights in the Game Content shall end immediately, subject to Paragraph 9.6.

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

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

13.5 The License shall terminate automatically if You fail to comply with these Terms.

14. User Information Posted on the Platform

14.1 By posting, uploading or submitting User Information on or through the Platform, the User grants the Company a non-exclusive, worldwide, royalty-free, sub-licensable (through multiple tiers) and transferable license to use, copy, reproduce, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, or any other rights the User has in his/her User Information, otherwise exploit such User Information for the purposes of operating, providing, improving, promoting and marketing the Platform and the Services, in any media now known or not currently known, with respect to his/her User Information, the User supplies the Company, so that the Company is not violating any rights the User might have in User Information, while rendering the Services. Subject to the applicable laws, 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, that may include the User Information, provided any personally identifiable information will be handled in accordance with Our Privacy Policy. The User agrees that any content he/she post 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.

14.2 The Company reserves the right, but has no obligation, to monitor, store or review User Content posted on the Platform.

14.3 The Company shall have the right, at any time and in its sole discretion, to remove, disable access to, restrict, or modify any content that the Company determines, or reasonably believes, (i) violates or may violate any applicable law, regulation, or governmental order; (ii) is inconsistent with the spirit or letter of these Terms or any applicable policies of the Company; (iii) infringes, misappropriates, or otherwise violates, or is alleged to infringe, misappropriate, or otherwise violate, any intellectual property rights or other rights of any third party; or (iv) is the subject of any notice, complaint, claim, or allegation received by the Company from any person or authority. The Company shall not be obligated to provide prior notice to the user before taking such action and shall incur no liability arising out of or in connection with the removal, restriction, modification, or disabling of access to such content.

14.4 NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE USER REMAINS SOLELY RESPONSIBLE FOR THE USER INFORMATION THE USER POSTS ON THE PLATFORM.

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

15. Indemnity and Limitation of Liability

15.1 You shall indemnify and hold harmless the Company, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees from any claim, demand or action, including reasonable attorneys’ fees, made by any third party, or any penalty imposed, due to or arising out of Your breach of these Terms, the Privacy Policy or other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

15.2 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) OR VALUE OF PAID CONTENT PURCHASED BY THE USER IN LAST 3 (THREE) MONTHS, IN ACCORDANCE WITH THESE TERMS, WHICHEVER IS LESSOR. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT HAVE PROVIDED THE SERVICES WITHOUT SUCH LIMITATIONS. THE REMEDIES SET FORTH HEREIN CONSTITUTE THE SOLE AND EXCLUSIVE MONETARY REMEDIES AVAILABLE TO YOU FOR ANY DISPUTE OR CLAIM AGAINST THE COMPANY. IN THE EVENT OF ANY DISSATISFACTION WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SERVICES.

15.3 Subject to Paragraph 15.2, You acknowledge and agree that the foregoing limitations of liability are an essential basis of the bargain between You and the Company, and that the Company would not have provided the Services without such limitations. The remedies set forth herein constitute the sole and exclusive monetary remedies available to You for any dispute or claim against the Company. In the event of any dissatisfaction with the Services, your sole and exclusive remedy shall be to discontinue use of the Services.

16. Intellectual Property Rights

16.1 The Company owns all trademarks, including but not limited to the brand logo, Game Content, Platform and other service marks belonging to the Company and/or its partners and assigns, as well as copyright, patent and all other intellectual property rights including moral rights in the Platform, Account, Game Content and Services and the content thereof (“Intellectual Property”), other than User Information and third-party content. Except as expressly provided under these Terms, nothing contained herein shall be construed as conferring any license or right with regard 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 the 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. All rights in and to the Company’s Intellectual Property are and shall remain owned by and inure to the benefit of the Company.

16.2 The User acknowledges and agrees that the User does not hold any proprietary rights or ownership interest in any Game Content. Game Content is licensed to Users on a limited, non-exclusive, non-transferable basis solely for the purpose of playing the Game and there is no transfer of the Game Contents to the Users. Users may use these Game Content only within the Game environment and for the intended purpose of Game in accordance with the License under Paragraph 13. This license does not permit Users to claim ownership of, or transfer any proprietary rights in, Game Content. Any transfer of this license to others must comply with Our terms and conditions.

16.3 The Company may create and use aggregated and/or anonymized data derived from User Information for its legitimate business purposes, including analytics, improvement of the Services and commercial purposes, provided that such data does not identify any User and that any such processing of personal data is carried out in accordance with applicable data protection laws and Our Privacy Policy.

16.4 Other than as specified above, neither the Platform nor any of its contents may be modified or copied in whole or in 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.

16.5 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 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.

17. Giveaways

17.1 The Company may, from time to time, at its sole discretion, introduce and conduct giveaways on or through the Platform (“Giveaways”), which may be displayed, promoted or otherwise made available to Users, including through the Company’s official community channels.

17.2 Participation in each Giveaway shall be subject to and governed by specific terms and conditions made available on the Platform for such Giveaway from time to time, including eligibility criteria, participation requirements, duration, selection methodology and rewards (“Giveaway Rules”), in addition to these Terms. By participating in any Giveaway, Users agree to be bound by the applicable Giveaway Rules and these Terms. Giveaways are void where prohibited by applicable law, and no purchase or payment shall be necessary to enter or win where so required by applicable law.

17.3 The Company reserves the right, at its sole discretion, to determine and modify the eligibility of participants, select winners and verify entries, and its decisions in this regard shall be final and binding. The Company may disqualify any participant found to be in breach of these Terms, the applicable Giveaway Rules, or engaged in any fraudulent or unfair practices. The Company’s decisions in relation to any Giveaway winners shall be final and binding, and no correspondence or claims shall be entertained in this regard, except as required under applicable law.

17.4 Rewards under any Giveaway shall be non-transferable, non-exchangeable and not redeemable for cash or other benefits, unless expressly stated otherwise. The Company reserves the right to substitute any reward with another of equivalent value, without prior notice.

17.5 The Company further reserves the right to suspend, modify or terminate any Giveaway at any time, without prior notice, for any reason, including but not limited to technical issues, legal or regulatory requirements, or circumstances beyond its reasonable control.

17.6 The Company reserves the right to verify the eligibility of participants and to disqualify any entry to a Giveaway that is incomplete, inaccurate, fraudulent, duplicated or otherwise non-compliant with these Terms or the Giveaway Rules.

17.7 The Company shall not be responsible, to the extent permitted by applicable law, for any technical failures, unauthorized entries, or any loss, delay or damage in delivery of a reward.

18. Third-Party Products and Integrations

18.1 The Company may use third-party services to enhance the functionality of the 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”).

18.2 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, to the extent permitted by applicable law. Such third-party services are subject to and governed by that third party’s own rules, policies and practices, and not these Terms. We recommend that You review the applicable terms and privacy policies of any third-party website You choose to visit through the Platform.

18.3 You acknowledge and agree that the Platform may share certain data of Users 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 and applicable data protection laws, including obtaining consent where required.

18.4 If the User chooses to access, interact or communicate with other Users through any third-party platforms or social media channels, including but not limited to Discord, Instagram or similar services, such use shall be subject to the respective terms of use, privacy policies and other applicable guidelines of such third-party channels. The Company shall not be responsible or liable for the practices, policies or actions of such third-party channels, and Users are encouraged to review the applicable terms and privacy policies of such platforms prior to engaging with them.

19. Export Controls and Sanctions

You represent and warrant that: (a) You are not located in a country or territory that is subject to comprehensive sanctions or embargoes imposed by any applicable government or authority (including the U.S. Government); (b) You are not listed on any applicable list of prohibited or restricted parties; and (c) You will not use the Platform or Services in violation of any applicable export control or sanctions laws and regulations.

20. Modifications

20.1 These Terms are current as of the Last Updated date set forth above.

20.2 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 Users to periodically review the Terms.

20.3 Where the Company makes material changes to these Terms, it will provide Users with reasonable advance notice through the Platform, by email or by other reasonable means, and the changes will take effect from the date stated in the notice. Your continued use of the Services after the effective date of any updated Terms constitutes Your acceptance of the changes. If at any point You do not agree to any portion of the updated Terms, the Privacy Policy or any other policy, rules or codes of conduct relating to Your use of the Services, You must immediately stop using the Services and may delete Your Account, and Your License to use the Services shall terminate.

21. Profanity Policy

21.1 The 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 on the Platform, including with respect to:

• usernames;
• avatars; and
• any other part of the Platform which can be accessed by the public or any User.

21.2 Any such action may be dealt with in the following manner:

• taking any legal action available to the Company against the User, based on any complaints received against the User, including criminal action; and/or
• removing the Profane Content from the Platform, suo moto or based on any complaint received; and/or
• suspension or termination of the User’s Account.

22. Contact Us

You may contact Us by email at the address mentioned under Paragraph 23, and We will endeavour to respond within a reasonable timeframe.

23. Support and Complaints

23.1 Any complaints or concerns with regard to the use of the Platform may be taken up with the complaints officer appointed by the Company (“Grievance Officer”). The details of the Grievance Officer are as follows:

Grievance Officer: Mr. Kamal Upadhyay

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

23.2 The Grievance Officer shall endeavor to acknowledge and resolve complaints within a reasonable timeframe, and in any event within such timelines as may be prescribed under the applicable laws of the User’s jurisdiction, where applicable.

23.3 For Users in the European Union, the Grievance Officer also acts as the Company’s single point of contact for the purposes of Regulation (EU) 2022/2065 (the “Digital Services Act”) and may be contacted in English. Where the Company removes, disables access to or otherwise restricts the visibility of User Information, or suspends or terminates the Account of a User in the European Union, the Company will, where required by the Digital Services Act, provide the affected User with a clear and specific statement of reasons for its decision.

23.4 Users in the European Union may lodge a complaint against any such decision, free of charge, through the Company’s internal complaint-handling system by contacting the Grievance Officer within 6 (six) months of the decision. The Company will handle such complaints in a timely, non-discriminatory, diligent and non-arbitrary manner and will reverse any decision found to be unjustified. This Paragraph does not limit any other rights or remedies available to Users under applicable law.

24. Opting Out

24.1 The Company may send periodic promotional or informational emails or messages to Users in accordance with their communication preferences. At any time, Users may opt out of such communications by following the opt-out instructions contained in the communication. The Company will process opt-out requests promptly, and in any event within 10 (ten) business days or such shorter period as may be required under applicable law.

24.2 Please note that, even after the User opts out of receiving marketing messages from Us, the User may continue to receive transactional and service-related messages.

25. No Waiver

The failure of the Company to require or enforce strict performance by You of any provision of these Terms or the Privacy Policy, or to exercise any right under them, shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

26. Severability

Each Paragraph of these Terms is distinct and severable. If any part of these Terms is determined to be illegal, invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable part will be deemed superseded by a valid, enforceable part that most closely matches the intent of the original part, and the remainder of these Terms shall continue in effect. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on You by applicable law that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law and similar legislation in other jurisdictions.

27. Assignment

The Company may assign or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time, provided that Your rights under these Terms are not adversely affected. You may not assign or delegate any rights or obligations under these Terms or the Privacy Policy without the Company’s prior written consent, and any unauthorized assignment or delegation by You is void and ineffective.

28. Force Majeure

Notwithstanding anything to the contrary contained herein, the Company shall not 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, loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest.

29. Equitable Remedies

29.1 You acknowledge that the rights granted and obligations made under these Terms to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone. Accordingly, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by You.

29.2 Subject to the applicable laws, You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or the Game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit Your claims to claims for monetary damages, limited by Paragraph 15.

30. Governing Law and Dispute Resolution

30.1 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.

30.2 The parties shall first attempt to resolve any dispute, claim or controversy arising out of or in relation to these Terms or the Services amicably by mutual discussions, which may be initiated by writing to the Grievance Officer. If the dispute is not resolved within 60 (sixty) days of such notice, it shall be resolved by arbitration under the provisions of the (Indian) Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement of the parties or, failing such agreement within 30 (thirty) days, in accordance with the provisions of that Act. The seat and venue of arbitration shall be Mumbai, India, and the language of arbitration shall be English. Subject to the foregoing, the courts at Mumbai, India shall have exclusive jurisdiction.

31. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or rules referenced herein, constitute the entire agreement between You and the Company with respect to the Platform and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to their subject matter.

Annexure-A

Features of ad-free In App Purchase

The User acknowledges and agrees that, under the standard version of the Platform, advertisements, including banners, interstitial advertisements, and other promotional content, may be displayed during use of the Platform. Where the User purchases the ad-free feature through an In-App Purchase, the Platform shall remove or suppress substantially all advertisements for the duration of the applicable ad-free period (“Suppressed Ads”). The Suppressed Ads upon purchasing No-Ads feature shall include:

Notwithstanding the foregoing, advertisements that are displayed solely at the User’s voluntary election in exchange for in-app rewards, benefits, or other incentives (“Optional Ads of Reward”) shall not be covered by the ad-free feature and may continue to be made available. Such Optional Ads for Reward shall only be displayed if the User affirmatively chooses to view them for in-game benefits. The Optionally Rewarded Ads include: