Terms of Service

01Introduction

PLEASE READ THESE TERMS OF SERVICE ("TERMS" or "AGREEMENT") CAREFULLY BEFORE YOU PARTICIPATE IN AN EVENT (AS DEFINED HEREIN) HOSTED ON THE BATTLIN PLATFORM. YOU MAY NOT PARTICIPATE IN AN EVENT HOSTED ON THE PLATFORM WITHOUT A LICENSE THROUGH AGREEMENT TO THESE TERMS.

These Terms form a contract between you, the individual that wishes to use the Battlin platform to participate in an Event ("you," "your" or "yours"), and Kinvrs Private Limited ("Kinvrs," "Company," "we," "us," or "ours"), the operator of the Battlin platform (the "Platform").

If you do not agree to these Terms, you must not use the Platform in relation to participating in an Event hosted on the Platform. By completing the sign-up process and consenting to these Terms (which consent may be recorded including without limitation by clicking a box or button that you consent to these Terms), you acknowledge and agree to be bound by these Terms, any obligations under any agreement with a third party relating to the Event (such as the EULA in respect of the Permitted Game featured in the Event), and all other Kinvrs policies referenced herein or related to your use and operation of the Platform ("Other Policies"), including the Prize Policy; and community guidelines as may be notified by Kinvrs from time to time.

To the extent these Terms conflict with the provisions of any Other Policy (except Operator TOS which shall prevail to the extent of such conflict) or other agreement with any third party, you acknowledge and agree these Terms shall govern.

If you follow the Terms described in this Agreement and the Other Policies, you may participate in an Event on the Platform without further license from Kinvrs. However, PLEASE BE AWARE that third-party operators may operate an Event on the Platform. Kinvrs does not operate, or endorse such third-party operated Events other than to provide the Platform itself. Kinvrs makes no representations or warranties as to such third-party Events and disclaims all warranties, implied or otherwise, regarding such Events.

Kinvrs reserves the right to change these Terms as set forth in the Modification; Discontinuation section. Your continued use of the Platform or services extended through the Platform or participation in any Event hosted on the Platform constitutes acceptance of any such changes. For any questions about this policy, please email battlin@kinvrs.com.

02Definitions

• Applicable Laws means all laws, rules, regulations and regulatory guidelines that apply to the Platform, Events, Content or your conduct and activities related thereto, including but not limited to the Indian Ministry of Electronics and Information Technology guidelines, and any similar guidelines that govern the jurisdiction where the Participants will be located or Content will be seen. To avoid doubt, Applicable Laws also include any applicable privacy laws and regulations related to data collection, protection and use.
• Affiliates means in respect of a person, an entity that controls, is controlled by, or is under common control with such person.
• Confidential Information means information that is labeled or designated as "confidential," either orally or in writing, or that should be reasonably understood from the nature of the information or the circumstances of its disclosure to be confidential and/or proprietary.
• Content means any content you create that features your use of any Permitted Game(s) for your participation in any Event or otherwise relates to your participation in an Event.
• Event or Tournament refers to a tournament or competition around a Permitted Game organized by an Operator and through the Operator Account hosted on the Platform.
• Game Rights Holder means, in respect of any Permitted Game, any person or entity having rights in or in connection with such Permitted Game, including its publisher, developer, or any other person or entity having an interest in the intellectual property associated with such Permitted Game, including any person or entity that holds the right to grant licenses for the conduct and operation of Events in respect of such Permitted Game.
• Krafton means Krafton Inc., the developer and publisher of games including Battlegrounds Mobile India, in respect of one or more of which games Kinvrs may permit hosting Events on the Platform.
• Operator means any individual or legal person using an Operator account to host an Event on the Platform.
• Operator TOS means the agreement between the Operator and Kinvrs subject to which the Operator is permitted to use the Platform to host Events.
• Participant means an individual player competing or otherwise participating in an Event through the Platform.
• Participant Account means the account on the Platform held by a Participant, through which the Participant may register for and participate in Events hosted on the Platform.
• Participant Ruleset means the Event specific terms that govern the Event and must be complied with by Participants as notified by the Operator.
• Permitted Games means the list of video games in respect of which Kinvrs permits the hosting of Events on the Platform, as may be updated by Kinvrs from time to time.
• Platform refers to the Battlin platform, which includes the various features and services, including websites, mobile applications, forums, content, and functionality, associated therewith.
• Prizes means prize to be awarded to a Participant based on the Participant's achievement in the associated Event which may take the form of monetary amounts or non-monetary rewards (as determined by the Operator from time to time subject to the same being compliant with the Operator TOS and Other Policies).

03License

Subject to your full compliance with these Terms and approval of your Participant Account application, Kinvrs grants to you a limited, revocable, non-sublicensable, non-transferable license to use the Platform to participate in Event(s). Kinvrs reserves the right to approve or reject any Participant Account application in its sole discretion. Without prejudice to the foregoing, Kinvrs may, at its sole discretion, permit activation of a Participant Account with limited features without prior review or approval. In such cases, Kinvrs reserves the right to undertake a review of such Participant Account or application at any time and suspend the Participant Account pending completion of such review. If pursuant to such review Kinvrs determines that the Participant Account does not meet the requisite criteria, Kinvrs may terminate such Participant Account at its sole discretion.

04Eligibility requirements

You represent and warrant that you meet the eligibility requirements set forth herein. Your use of the Platform and participation in any Event can be suspended and/or terminated at any time if you no longer meet the eligibility requirements or violate the Terms, as determined by us within our sole discretion. We reserve the right to modify the eligibility requirements at any time. You further understand, represent, warrant and covenant as follows:

• Age Requirements — You must meet the minimum age requirement applicable to the relevant game(s) featured in the Event. If you are a minor, you must obtain verifiable parental or guardian consent prior to using the Platform. Such consent may be provided through such mechanism for recording parental consent as provided by the Platform.
• Geographic Restrictions — Participation is not available if the Platform is restricted or prohibited by law where you live. Geographic restrictions may also be imposed by an Operator for an associated Event. Prizes are distributed to eligible Participants via our third-party payment processors/distribution partners and, where such partners impose restrictions, or where restrictions arise from legal, banking, or payment system limitations, participation from such geographic areas may be restricted or prohibited. The Platform may not be used, accessed, or exported in violation of export control, economic sanctions, and import laws and regulations.
• Financial Information — You must provide complete and accurate payment and tax information to us and/or our third-party payment processor in order to receive Prizes.
• Employees Prohibited — You are not an employee of Kinvrs, including its Affiliates, or an immediate family member (e.g., spouse, sibling and child) or household member of an employee of Kinvrs, as such personnel are not eligible to participate in the Platform.
• Morality — You have not and will not: (i) commit any morally repugnant act which may bring you or Company or any Game Rights Holder into public disrepute, contempt, scandal, or ridicule, or which may insult or offend the public or any protected group; or (ii) make fraudulent, bad-faith, or malicious public statements regarding any Game Rights Holder, any Permitted Games, Company, Company's products, or your association with Company in a manner that may discredit them.

05User responsibilities

You will not violate any Applicable Law, contract, intellectual property rights, right of publicity, rights of a third-party, or commit any tort, and you will comply with all relevant legal obligations. You acknowledge that you are solely responsible for your conduct as a Participant and must adhere to and abide by the Participant Ruleset.

You are responsible for all activity on your account and for loss, theft or unauthorized access of your password (other than as a result of Kinvrs' gross negligence or willful misconduct). You must provide us with prompt written notification of any known or suspected unauthorized use of your account or compromise of the security of your account.

You are prohibited from:

• Impersonating others, conducting deceptive acts, committing fraud, or perpetrating or participating in scams;
• Violating the terms that apply to the Permitted Game(s) involved in any of your Event(s) ("Game Policies");
• Posting or disseminating anything insulting or disparaging, or including any sexual or offensive content, on the Platform or in your streams or other content featuring Permitted Games in relation to your participation in the Event(s);
• Cheating in any Event, including circumvention of any anti-cheat software; and
• Other illegal or unethical behavior as determined by us in our sole discretion.

You are further prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing any information that: belongs to another person and to which you do not have any right; is obscene, pornographic, paedophilic, invasive of another's privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between groups on grounds of religion or caste with intent to incite violence; is harmful to children; infringes any patent, trademark, copyright or other proprietary rights; deceives or misleads about the origin of the message or communicates misinformation or patently false information; impersonates another person; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order; contains software viruses or any other computer code designed to interrupt, destroy or limit functionality of any computer resource; is in the nature of advertisement or surrogate advertisement or promotion of an online money game; or violates any law for the time being in force.

Your access to, or use of, the Platform where illegal is prohibited. You agree to cooperate with Kinvrs, upon request, in connection with any obligation imposed on Kinvrs under Applicable Laws, including by promptly removing or disabling access to any Content as directed by Kinvrs and providing such information, records, and documentation as it may require to comply with any court order, government direction, or regulatory requirement. Kinvrs may take such action as it deems necessary to comply, including removing Content, suspending Events, or disabling your Participant Account, without prior notice, and such action shall not give rise to any liability on the part of Kinvrs.

06Confidentiality

We may disclose to you, as a Participant, Confidential Information, including but not limited to information relating to a functionality, service or event that is not yet public (e.g., early access, exclusive events, beta testing). You agree to hold all Confidential Information in strict confidence and not to use, disclose, or divulge it to any third party except as instructed by us in writing. You further agree to abide by any embargoes placed on the timing for when Confidential Information may be publicly promoted or shared, and you understand that Company can change the timing of such embargoes in its sole discretion.

07Broadcasting and marketing

Subject to any restrictions to the contrary imposed by the relevant Operator, you may broadcast the Event and stream on whichever online platform you like. If you stream or record your participation in an Event online, you are responsible for ensuring that any accompanying chat is adequately moderated to prevent a vulgar, abusive or otherwise mean-spirited environment.

As a Participant of Events in respect of Permitted Games, you acknowledge and agree that you may be subject to various requirements as a creator in respect of the Permitted Games as prescribed by the Game Rights Holders, and accordingly will abide by the KRAFTON Creator policy in respect of Permitted Games of Krafton to the extent applicable.

08Intellectual property rights

Your Content; Feedback. You grant to Kinvrs a non-exclusive, fully-paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, non-terminable, transferable, and assignable license to reproduce, distribute, publicly perform, publicly display, make, sell, import, modify and make derivative works based on, and otherwise use and exploit your Content for purposes of marketing the Event, the Permitted Games or Game Rights Holders, managing users, improving and marketing the Platform, or other commercial purposes. Where the Content incorporates any intellectual property of a Game Rights Holder, including Game Footage, the license granted to Kinvrs shall be limited to the scope of rights granted to the Participant by the relevant Game Rights Holder.

Platform IP. You acknowledge and agree that all rights, title, and interest, including intellectual property rights in and connected with the Platform (including derivative works, computer code, themes, objects, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, "applets" and related documentation) (the "Platform IP") are owned by Company or, as applicable, its licensors. We do not provide you with any interest in the Platform IP and you agree that you do not, and will not, claim any ownership rights in the Platform IP.

KRAFTON Game IP. By participating in any Event featuring a Permitted Game of Krafton, Krafton grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right to make Content featuring Krafton Game Footage which may be shared on YouTube, Twitch, or third-party media sites, subject to any Krafton Game IP usage policy. You may not split Krafton Game Footage into components (vocal, audio, visual, in-game elements, etc.) and distribute such components as separate material. Producing physical goods and merchandise for profit-seeking purposes using Krafton Game IP is strictly prohibited.

09Permissible monetization

You may monetize your Content through partner programs, affiliate marketing programs, and/or advertising through Twitch, YouTube, Meta, or other video sharing platforms, provided that: (i) such Content complies with all Kinvrs policies communicated to you from time to time and the Participant Ruleset; (ii) such Content complies with all policies and requirements in respect of any third party intellectual property featured in such Content; (iii) such Content is available for free to the public on such third-party media site; and (iv) such Content complies with Applicable Laws. Kinvrs reserves the right to review and revoke these monetization rights at any time for any reason within its sole discretion.

10No entry fees or stakes

Participants are strictly prohibited from paying or agreeing to pay any entrance fee, monetary consideration of any kind, or other stakes as a condition of, or in connection with, participation in any Event on the Platform. Participants shall not engage in any conduct that may cause an Event or the Company to be in contravention of Applicable Laws.

If a Participant is asked by an Operator or any other person to make any such payment in connection with an Event, the Participant shall be obligated to report such instance to the Company as soon as practicable. Making any such payment, or failing to report any request for such payment, shall constitute a violation of these Terms and shall entitle the Company to immediately terminate the Participant's account without prior notice and report the conduct to law enforcement authorities.

11Prizes

Events hosted on the Platform may carry Prizes or may be offered without Prizes, as determined by the Operator. Where an Operator elects to offer Prizes in connection with an Event, the Prize Policy as prescribed by Kinvrs shall govern the distribution of Prizes (including specifically the terms subject to which Prizes shall be distributed where Participants are minors).

12Taxes

We are not responsible for providing tax advice or ensuring your compliance with tax-filing obligations in your jurisdiction. It is your responsibility to consult a tax professional to determine your obligations. We do not provide tax advice, and you are solely responsible for determining and complying with your tax obligations in all relevant jurisdictions. Without limiting the foregoing, Company and/or its payment service providers may collect tax forms, tax identification information, and make deductions or withholdings from Prize payments where required by Applicable Laws.

13Audits

You do not have the right to audit, request, or inspect any documents or records of the Company or its payment processing partner relating to the Platform, including how Prizes are calculated and distributed. If you have any questions about Prizes or decisions made with respect to your participation on the Platform, you may refer to the FAQs. The Company reserves the right to update, modify, or correct Prize calculations in the event of errors, fraud, or technical issues.

14Suspension or termination of an event

Once commenced, an Event may not be discontinued by an Operator. Prior to the commencement of an Event, an Operator may discontinue the Event where no Prizes are associated with such Event. Where an Event involves Prizes, an Operator may discontinue the Event prior to commencement with Kinvrs' prior written approval.

Kinvrs reserves the right to suspend or terminate any Event at any time upon discovery of any violation of these Terms, Operator TOS, Applicable Laws, or any Other Policies, upon the suspension or termination of the Platform or associated services, or for other grounds (which it will communicate to a Participant at the Participant's request). Upon such suspension or termination, Kinvrs may, at its sole discretion having regard to the events which gave rise to it, take such action as it deems appropriate including disqualification/termination of the Participant Account, having regard to the role of the Participant. The foregoing is without prejudice to any other rights or remedies available to Kinvrs.

Where a game in respect of which an Event is hosted ceases to constitute a Permitted Game, or where the license granted to the Operator by the relevant Game Rights Holder is revoked, suspended, or otherwise ceases to be in effect, any such Event shall be immediately suspended or terminated. Kinvrs shall not be liable to any Participant for any loss or damage arising from any such suspension or termination.

15Withdrawal from an event

• Non-Prize Events — Where an Event carries no Prizes, a Participant may withdraw at any time prior to commencement without any obligation to the Operator or Kinvrs.
• Prize Events — Prior to Commencement — Where an Event carries Prizes, a Participant seeking to withdraw prior to commencement must obtain the prior written consent of the Operator, which may be granted or withheld at its discretion, subject to the Participant Ruleset.
• Prize Events — After Commencement — Once a Prize Event has commenced, withdrawal is not permitted. Any Participant who abandons, forfeits, or otherwise ceases participation after commencement without the prior written consent of the Operator and Kinvrs shall be deemed to have forfeited eligibility to receive any Prize, and Kinvrs may initiate appropriate action, including suspension or termination of the Participant Account.

16Violations

Failure to comply with your responsibilities set forth herein, including breach of the Terms, Other Policies, Game Policies, Applicable Laws, or other unacceptable behavior, as determined by Company in its sole discretion, may result in Company taking adverse action against you, including but not limited to: (a) termination of your affiliation with the Platform; (b) suspension of some or all your privileges on the Platform; (c) forfeiture of any Prize(s) earned by or payable to you; (d) suspension of your Participant Account and, where you also possess an Operator Account, delisting of all Events proposed to be hosted by you; (e) reporting you to law enforcement authorities; and (f) initiation of civil/criminal proceedings against you.

If after issuing a Prize we determine that you violated these Terms before you earned it, we reserve the right to recover that Prize from you, including by issuing an invoice or deducting such amounts from any future Prize, or suspending issuance of Prize. Failure to repay within the timeframe specified may result in suspension or termination from the Platform and potential legal action. If your account has been suspended or terminated, you may not create or use another account to bypass these restrictions.

17Disclaimers

Company is not responsible for: any interruption of the Platform or termination of an account due to any action or fault on your part or failure of your hardware or device; any unavoidable reasons that cause the Platform to become unavailable, such as maintenance, replacement, regular inspection, or construction (save with respect to intentional or gross negligence of the Company); any aspect of the Event, including the information, data, operation, organization, matchmaking decisions, seeding, accuracy, or quality of any Event including results (whether manually submitted or captured through automated tools, including AI-based screenshot verification); any delay, failure, or error in the distribution of Prizes attributable to the payment service provider or other partner; any action, decision, or omission of any Game Rights Holder, including any modification, suspension, or discontinuation of a Permitted Game or change to IP usage policies; the Permitted Games themselves; any act, omission, decision, or representation of any Operator in connection with any Event, including the organisation, conduct, or administration of an Event and the determination or announcement of Event results; your interactions with Operators, other Participants, sponsors, organizers, consumers or third parties; any actions of third parties who submit information on behalf of an Operator, sponsor, or Participant; any delays or errors arising from your bank, payment processor, or financial institution; anything which is the responsibility of a third party; circumstances in which the Company sunsets, terminates or limits use of any Permitted Game or the Platform in accordance with relevant laws or policies; any fees, damages or injury arising from use of internet service providers; damages from modifications, suspensions, or discontinuations of the Platform necessary for legal compliance, system updates, or operational improvements; or any content, activities, or conduct by other Participants, Operators, or third parties.

Save as set out in the Limitation of Liability and Indemnification sections below, Company and its Affiliates do not make any promises regarding the Platform. The Platform is provided "as is" and "as available," without conditions, common law duties, representations, and warranties of any kind (including implied warranties of merchantability, non-infringement, quiet enjoyment, fitness for a particular purpose, or any warranties arising out of course of dealing, course of performance, or usage of trade), to the maximum extent permitted by law. You acknowledge that participation in the Platform is at your sole risk. The Platform may allow you to access third-party websites or services; we provide access only as a convenience and are not responsible for any content, products, or services available through them.

18Termination of the terms

Unless otherwise specified herein, any party may terminate these Terms at any time, with or without cause, effective immediately upon notice to the other party. The following sections survive termination: Confidentiality; Intellectual Property Rights; Violations; Disclaimers; Release; Limitation of Liability; Indemnification; Injunctive Relief; Dispute Resolution; Grievance Officer, Governing Law and Jurisdiction; Severability; Miscellaneous; and any term or provision of these Terms that by their nature are intended to survive termination.

19Modification; discontinuation

Company reserves the right to cancel or modify these Terms, or any Other Policies, at any time by updating these Terms or the relevant Other Policy. It is your responsibility to review these Terms and the Other Policies periodically. Posting of the updated Terms or Other Policies on the Platform shall constitute sufficient notice of any such update, and no separate notice shall be required. Your continued participation following any updates will constitute acceptance of the modified Terms and Other Policies. Company further reserves the right to discontinue the Platform at any time, or your participation, in which case you will no longer accrue Prizes or be entitled to any other Platform benefits. Except as set out elsewhere in these Terms, we will not be liable to you in the event that all or part of the Platform are unavailable, discontinued, modified or changed in any way.

20Release

In consideration of the opportunity to participate in the Platform or any Event, as well as the other benefits for Participants in connection with this Agreement, you hereby release and forever discharge the Company, its Affiliates, partners, sponsors, licensees, licensors, and each of their officers, directors, employees, contractors, and agents (collectively, "Releasees") to the maximum extent permissible under applicable law, from any and all liability arising from claims, demands, rights and causes of action of whatever kind that may arise from your participation in the Platform or Events other than relating to (i) personal injury, death, or property damage; or (ii) willful misconduct of Company. This release applies to all present claims, whether known or unknown. In the event that a court of competent jurisdiction finds this provision inapplicable with respect to any claim brought by you, you agree that this provision is severable from these Terms in respect of such claim, and these Terms shall otherwise remain in effect.

21Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASEES WILL NOT BE LIABLE IN ANY WAY FOR ANY: (i) LOSS OF PROFITS; (ii) LOST REVENUE; (iii) LOST SAVINGS; (iv) LOSS OR EXPOSURE OF DATA; (v) ANY CLAIM RELATED TO PRIZE PAYMENTS NOT ATTRIBUTABLE TO THE COMPANY'S WILFUL MISCONDUCT; OR (vi) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR PARTICIPATION IN THE PLATFORM, OR THE CONTENT, EVEN IN THE EVENT OF OUR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE LIABILITY OF THE COMPANY, AND ITS AFFILIATES, ARISING UNDER, RELATING OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM, INCLUDING ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES OR INJURIES, EXCEED FIFTY U.S. DOLLARS ($50). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE AT LAW.

22Indemnification

You, and as applicable any agent representing you, agree to jointly and severally indemnify, defend, and hold harmless Releasees from and against any lawsuit, litigation, dispute, claim, arbitration, mediation, action, hearing, proceeding, investigation, charge, complaint, demand, injunction, judgment, order, decree, ruling or any other proceeding (collectively, "Claims"), arising out of or in connection with: (i) a breach or threatened breach by you of these Terms, including any warranty, representation, covenant, promise or undertaking contained herein; (ii) any acts or omissions of you; (iii) any acts or omissions of an agent representing you; and (iv) any alleged or actual violation by you of any Applicable Laws, including laws that govern intellectual property or privacy rights or gaming. Company may, at its election, take control of the defense and investigation of any Claim, and may hire attorneys of its own choice to manage and defend such Claims, at your cost, risk, and expense.

23Injunctive relief

Without prejudice to any other rights or remedies that Company may have, you acknowledge and agree that compensation by way of damages alone would not be an adequate remedy for any breach of these Terms by you, because Company would suffer irreparable losses. Accordingly, Company and, as applicable, its licensors shall be entitled to the remedies of an injunction, specific performance, or any other equitable remedy, in addition to any other remedies available under Applicable Laws, without bond, other security, or proof of losses.

24Dispute resolution

Dispute with the Company. You agree to attempt to resolve any dispute (including grievances or claims against the Company) by contacting the Company directly in the first instance, by writing to the Grievance Redressal Officer whose details are set out below. In your notice, please include: your name, contact number and email address; your relation to the subject matter of the complaint; the name and age of the person aggrieved (if you act on their behalf, with a statement under penalty of perjury that you are authorized); and a description of the dispute. On receiving the notice, the Company reserves the right to engage with you to resolve such dispute, and you agree to undertake good faith efforts for a minimum of 60 days from first notification prior to initiating any legal proceedings, which good faith efforts shall constitute a condition precedent for initiation of such proceedings.

Disputes with Operators, Sponsors or Other Third Parties. You must undertake good faith efforts to resolve such disputes amicably prior to initiating legal proceedings. Where the dispute concerns interpretation or enforcement of these Terms or any Other Policy, the parties must endeavour to resolve it between themselves; where either party specifically requests Kinvrs' intervention, Kinvrs shall at its discretion be entitled to step in and any decision taken shall be final and binding. Where the dispute concerns matters outside the scope of these Terms or any Other Policy, Kinvrs shall have no obligation to resolve, adjudicate, or mediate it. Kinvrs shall not be liable for any loss or damage arising from any dispute between a Participant and an Operator, sponsor, or any other third party, or the outcome thereof.

25Grievance officer, governing law and jurisdiction

These Terms shall be interpreted and governed by the laws of India, and subject to and without prejudice to the Dispute Resolution section, the courts of Bengaluru, India shall have exclusive jurisdiction for all purposes regarding these Terms. The Company reserves the right to replace the Grievance Redressal Officer at its sole discretion through publication of the name and title of such replacement on the Platform, which shall come into effect immediately upon publication.

26Notice

To Company. To provide notice to Company as required herein, you must contact No. 20, 1st Cross, S N Nagar, Sampangiramnagar, Bangalore, Karnataka, 560027. You acknowledge that notice shall not be deemed received by Company unless and until Company provides an acknowledgment of receipt.

To You. To provide notice to you as required herein, Company must email your email address of record associated with your account. You agree to maintain an up-to-date and valid email address on file with Company and acknowledge that failure to do so may result in the inability to receive important notices, for which Company shall not be held liable.

27Severability

If any provision of these Terms is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

28Miscellaneous

These Terms and the other Kinvrs policies referenced herein contain the entire agreement between the parties relating to its subject matter and supersede all other agreements pertaining to it whether verbal or written. You may not assign or transfer your rights or obligations under these Terms. Kinvrs may, without your prior consent, assign, transfer, or otherwise dispose of its rights and obligations, in whole or in part, to any Affiliate or to any successor entity in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of the assets of Kinvrs.

Nothing in this Agreement shall be construed as creating a partnership, joint venture or agency relationship between the parties. Company has sole discretion on whether to, and to what extent to, but no obligation to, enforce any rights or take any actions stated in these Terms. Company's failure to enforce any right or provision shall not be construed as a waiver. Company is not liable for any failure, suspension, or termination of access to the Platform arising out of a force majeure event (including strikes, lock-outs, acts of God, war or terrorist activity, riot, pandemic, civil commotion, malicious damage, compliance with any law or government order, accident, fire, flood, storm or default of suppliers beyond Company's reasonable control). These Terms may be translated into other languages for convenience; in case of any discrepancy, the English version shall prevail.

01Introduction

PLEASE READ THESE TERMS OF SERVICE ("TERMS" or "AGREEMENT") CAREFULLY BEFORE YOU CREATE, MARKET, SPONSOR, OR OTHERWISE OPERATE AN EVENT (AS DEFINED HEREIN) HOSTED ON THE BATTLIN PLATFORM. AN EVENT ON THE PLATFORM MAY NOT BE HOSTED UNLESS THE OPERATOR OF SUCH EVENT HAS: (A) OBTAINED A LICENSE FROM THE APPLICABLE RIGHTS HOLDER AUTHORISING THE OPERATION OF THE EVENT IN RESPECT OF THE RELEVANT GAME; AND (B) AGREED TO AND COMPLIED WITH THESE TERMS.

These Terms form a contract between you, the person that wishes to use the Battlin platform to host an Event ("you," "your" or "yours"), and Kinvrs Private Limited ("Kinvrs," "Company," "we," "us," "our," or "ours"), the operator of the Battlin platform (the "Platform" or "Battlin").

If you do not agree to these Terms, you must not use the Platform in relation to hosting an Event. By completing the sign-up process and consenting to these Terms (which consent may be recorded including by clicking a box or button), you acknowledge and agree to be bound by these Terms, any obligations under any agreement with a third party relating to the Event (such as the EULA in respect of the Permitted Game featured in the Event), and all other Kinvrs policies referenced herein ("Other Policies"), including the Prize policy and community guidelines as may be notified by Kinvrs from time to time. To the extent these Terms conflict with the provisions of any Other Policy or agreement with any third party, these Terms shall govern.

If you follow the Terms described in this Agreement and the Other Policies, you may host an Event on the Platform without further license from Kinvrs. However, Kinvrs does not officially operate or endorse Events hosted on the Platform other than by providing the Platform itself and providing, at its discretion, certain assistance with respect to the operation of Events. UNLESS MODIFIED BY A SEPARATE WRITTEN AGREEMENT BETWEEN KINVRS AND AN OPERATOR, EACH OPERATOR MUST, IN A CLEAR AND CONSPICUOUS MANNER, NOTIFY EVENT PARTICIPANTS THAT EVENTS ARE NOT OFFICIALLY OPERATED OR ENDORSED BY KINVRS, AND THAT EVENTS ARE NOT OFFICIALLY OPERATED OR ENDORSED BY THE PUBLISHER OF THE RELEVANT GAME OR ANY OTHER PERSON ASSOCIATED WITH SUCH GAME, UNLESS THE OPERATOR HAS ENTERED INTO A WRITTEN AGREEMENT WITH SUCH PUBLISHER OR PERSON TO THE CONTRARY, A COPY OF WHICH MUST BE PROVIDED TO KINVRS FORTHWITH.

Kinvrs reserves the right to change these Terms as set forth in the Modification; Discontinuation section. Your continued use of the Platform constitutes acceptance of any such changes. For any questions about this policy, please email battlin@kinvrs.com.

02Definitions

• Applicable Laws means all laws, rules, regulations and regulatory guidelines that apply to the Platform, Events, Content or your conduct, including but not limited to the Indian Ministry of Electronics and Information Technology (MeitY) guidelines and any similar guidelines governing the jurisdiction where the Participants will be located or Content will be seen. Applicable Laws also include any applicable privacy laws and regulations related to data collection, protection, processing and use.
• Affiliates means in respect of a person, an entity that controls, is controlled by, or is under common control with such person.
• Content means the digital media that you create, distribute, post and/or broadcast as an Operator relating to the Events and the corresponding Permitted Games.
• Confidential Information means information labeled or designated as "confidential," either orally or in writing, or that should reasonably be understood to be confidential and/or proprietary.
• Event or Tournament refers to a tournament or competition around a Permitted Game organized by an Operator and through the Operator Account hosted on the Platform.
• Game Rights Holder means any person or entity having rights in or in connection with a Permitted Game, including its publisher, developer, or any other person having an interest in the associated intellectual property, including any person that holds the right to grant licenses for the conduct and operation of Events in respect of such Permitted Game.
• Krafton means Krafton Inc., the developer and publisher of games including Battlegrounds Mobile India.
• Operator means any individual or legal person using an Operator Account to host an Event on the Platform.
• Operator Account means your account on the Platform, wherein you may manage your account and host Events, and use the Platform to operate and execute such Events.
• Participant means an individual player competing or otherwise participating in an Event through the Platform.
• Participant Account means the account on the Platform held by a Participant, through which they may register for and participate in Events.
• Permitted Games means the list of video games in respect of which Kinvrs permits the hosting of Events on the Platform, as may be updated from time to time.
• Platform refers to the Battlin platform, including its various features and services, websites, mobile applications, forums, content, and functionality.
• Prizes means prize to be awarded to a Participant based on their achievement in the associated Event, which may take the form of monetary amounts or non-monetary rewards (as determined by the Operator subject to compliance with these Terms and the Other Policies).

03License

Subject to your full compliance with these Terms and approval of your Operator Account application, Kinvrs grants to you a limited, revocable, non-sublicensable, non-transferable license to use the Platform to host the Event(s) and operate and execute Event(s). Kinvrs reserves the right to approve or reject any Operator Account application in its sole discretion. Kinvrs may, at its sole discretion, permit activation of an Operator Account with limited features without prior review or approval; in such cases, Kinvrs reserves the right to review such Operator Account at any time and suspend it pending completion of such review. If Kinvrs determines that the Operator Account does not meet the requisite criteria, Kinvrs may terminate it at its sole discretion.

Game Rights Holder License. Prior to hosting any Tournament on the Platform, an Operator must obtain a license from the applicable Game Rights Holder authorising the operation of the Tournament in respect of the relevant game. A license may be sought through: (a) Platform Application — subject to Kinvrs making such functionality available, the Operator may apply for a license through the Platform by submitting such information and documentation as the Game Rights Holder may require, with the Game Rights Holder having sole discretion to accept or decline, a license being deemed granted only upon express acceptance communicated through the Platform; or (b) Separate Agreement — the Operator may enter into a separate written license agreement directly with the Game Rights Holder outside of the Platform and produce the same to Kinvrs.

04Eligibility requirements

You represent and warrant that you meet the eligibility requirements set forth herein. Your use of the Platform and hosting of any Event can be suspended and/or terminated at any time if you no longer meet the eligibility requirements or violate the Terms. We reserve the right to modify the eligibility requirements at any time. You further understand, represent, warrant and covenant as follows:

• Age Requirements — You are an adult of the legal age of majority in your country of residence.
• Participating as a Business Entity — If you are entering into these Terms on behalf of a business or other legal entity, you own all equity and other interests in such entity or have the authority to act on its behalf. We have the right to access the business records supporting your representations for purposes of confirming your eligibility.
• Geographic Restrictions — Participation is not available if the Platform is restricted or prohibited by law where you live. Geographic restrictions may also be imposed by an Operator for an associated Event. Prizes are distributed via third-party payment processors/distribution partners; where such partners or legal, banking, or payment system limitations impose restrictions, participation from such areas may be restricted. The Platform may not be used or exported in violation of export control, economic sanctions, and import laws.
• Financial Information — You must provide complete and accurate payment and tax information to us and/or our third-party payment processor if you host an Event that will distribute Prizes.
• Employees Prohibited — You are not an employee of Kinvrs, including its Affiliates, or an immediate family member or household member of such an employee.
• Morality — You have not and will not commit any morally repugnant act that may bring you, Company or any Game Rights Holder into public disrepute, contempt, scandal, or ridicule, nor make fraudulent, bad-faith, or malicious public statements that may discredit any Game Rights Holder, Permitted Games, Company, or Company's products.

05Operator responsibilities

Operators must include a link to the Event specific terms that govern the Event and must be complied with by Participants ("Participant Ruleset") in their Event rules, and must ensure Participants acknowledge and agree to them prior to the commencement of the Event. The Participant Ruleset must detail, among other things, the format of the Event, the manner of adjudging winners, any additional eligibility criteria, and such other particulars as may be prescribed or permitted by Kinvrs. Kinvrs reserves the right to review any such Participant Ruleset and reject it or require modifications, failing which the corresponding Event shall not be permitted to be hosted.

You will not violate any Applicable Law, contract, intellectual property rights, right of publicity, rights of a third-party, or commit any tort, and you will comply with all relevant legal obligations. You acknowledge that you are solely responsible for your conduct as an Operator.

You may be required to upload screenshots, match results, or other evidence of Participants' performance as directed by the Platform. You are solely responsible for ensuring such submissions are accurate, complete, and submitted in accordance with Platform directions or Event guidelines. Submission of falsified, manipulated, or misleading results constitutes a material breach of these Terms and may result in forfeiture of Prizes and termination of your account.

Each Event hosted by you constitutes, and will at all times be conducted as, a game of skill under Applicable Laws, where the outcome is determined predominantly by the mental acuity, knowledge, and strategic judgment of the Participants. No Event will constitute or be conducted as a game of chance, gambling, or wagering activity. Kinvrs may, in its sole discretion, review the format and structure of any Event and decline to allow or discontinue any Event that does not, in its judgment, meet this standard.

You are responsible for all activity on your account and Operator Account and for loss, theft or unauthorized access of your password (other than as a result of Kinvrs' gross negligence or willful misconduct). You must promptly notify us in writing of any known or suspected unauthorized use of your account.

You are prohibited from: impersonating others, conducting deceptive acts, committing fraud, or participating in scams; violating the terms that apply to the Permitted Game(s) involved in your Event(s); branding your Events with anything insulting or disparaging, or including any sexual or offensive content; and other illegal or unethical behavior as determined by us. You are further prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing any information that: belongs to another person and to which you have no right; is obscene, pornographic, paedophilic, invasive of another's privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between groups on grounds of religion or caste with intent to incite violence; is harmful to children; infringes any patent, trademark, copyright or other proprietary rights; deceives or misleads about the origin of a message or communicates misinformation or patently false information; impersonates another person; threatens the unity, integrity, defence, security or sovereignty of India; contains software viruses or code designed to interrupt, destroy or limit functionality of any computer resource; is in the nature of advertisement or surrogate advertisement or promotion of an online money game; or violates any law for the time being in force.

Your access to or use of the Platform where illegal is prohibited. You will reasonably moderate and manage your Event to ensure no Participant violates any of the above. You agree to cooperate with Kinvrs in connection with any obligation imposed on Kinvrs under Applicable Laws, including by promptly removing or disabling access to any Content as directed and providing such information, records, and documentation as it may require to comply with any court order, government direction, or regulatory requirement. Kinvrs may take such action as it deems necessary to comply, including removing Content, suspending Events, or disabling your Operator Account, without prior notice and without liability.

06Confidentiality

We may disclose to you, as an Operator, Confidential Information, including but not limited to information relating to a functionality, service or event that is not yet public (e.g., early access, exclusive events, beta testing). You agree to hold all Confidential Information in strict confidence and not to use, disclose, or divulge it to any third party except as instructed by us in writing. You further agree to abide by any embargoes on the timing for when Confidential Information may be publicly promoted or shared, and you understand Company can change the timing of such embargoes in its sole discretion.

07Operator and event requirements

Event Participants will only be eligible to receive Prizes from an Event which carries Prizes if the Event and the relevant Participants comply with these Terms, all Other Policies, and rules and policies that apply to any of the Permitted Game(s) involved in the Event ("Game Policies"). As an Operator hosting Events in respect of Permitted Games, you acknowledge that you may be subject to various requirements as a creator as prescribed by the Game Rights Holders, and will abide by the KRAFTON Creator policy in respect of Permitted Games of Krafton to the extent applicable.

Every Event should adopt a Participant Ruleset that promotes a fair, fun, engaging, and inclusive event for all Participants, with clear identification of the skill necessary to prevail. Events must at all times qualify as a Tournament where winning outcomes are determined based on a preponderance of skill in Kinvrs' sole judgment. Operators are further responsible for ensuring the following:

• When hosting a Tournament, Operators must input eligibility criteria, Tournament format, Prize details (if any), misconduct criteria, and basic rules, which are mandatory fields as part of the Participant Ruleset. Operators are responsible for verifying the accuracy of all Event results prior to submission, including any information captured through automated tools such as AI-based screenshot verification.
• All Content is the Operator's original or properly licensed work, and any third-party intellectual property incorporated in the Content is used with appropriate permission(s) obtained. Operators must obtain appropriate license(s) for any third-party intellectual property contained in the Content.
• Operator and all Participants do not insult or defame others, including inappropriate profanity or discriminatory or demeaning behavior toward any disability, region, religion, race, gender, sexual orientation, or ethnicity.
• Operator and all Participants do not promote or incite violence, hate speech, harassment, or threats, or endorse or engage in illegal activities including fraud, hacking, piracy, or trafficking.
• Participants do not engage in acts that damage the image of the Company or its products, the Permitted Games or the corresponding Game Rights Holders, including the use of cheats or hacks.
• Participants do not engage in activities that disrupt or interfere with Kinvrs' servers, Platform, or systems related to the Permitted Game(s).
• Gambling activities surrounding the Events are prohibited.
• Operators are responsible for monitoring and ensuring Participant compliance with the Participant Ruleset, applicable Platform terms, Other Policies, Game Policies, and Applicable Laws. Any infraction must be promptly reported to Kinvrs in writing with sufficient specificity and supporting evidence. Kinvrs reserves the right to examine such records independently or on a complaint, and any decision taken shall be final and binding.
• Operators must take all reasonable steps to detect any cheating, hacking, or other prohibited conduct by Participants and must immediately report any such detected conduct to Kinvrs in writing.

Operators are expected to moderate and enforce these policies in connection with their Events. Notwithstanding, Kinvrs reserves the right to enforce these policies as necessary, including banning or disqualifying Participants, issuing in-game penalties, or denial of Prizes. You agree to assist Company with any legal requirements that may apply to your Events/Operator Account, such as removing Content accused of violating copyright laws. Kinvrs further reserves the right to audit your books and records to ensure compliance.

08Broadcasting and marketing

Unless otherwise prohibited by your own policies or by a particular Permitted Game's terms, you may broadcast the Event and stream on whichever online platform you like; provided that you may not charge fees of any kind for spectators to watch the competition online and you may not broadcast on television or radio. If you broadcast your competition online, you are responsible for ensuring that any accompanying chat is adequately moderated to prevent a vulgar, abusive or otherwise mean-spirited environment. You may also market the Event as represented on the Platform, subject to these Terms and the Other Policies. Your broadcast, marketing, VODs, and any other related content is referred to as the "Content." Your Content must comply with all Applicable Laws, and you must ensure Participants abide by the same.

09Intellectual property rights

Your Content; Feedback. You grant to Kinvrs a non-exclusive, fully-paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, non-terminable, transferable, and assignable license to reproduce, distribute, publicly perform, publicly display, make, sell, import, modify and make derivative works based on, and otherwise use and exploit your Content for purposes of marketing the Event, the Permitted Games or Game Rights Holders, managing users, improving and marketing the Platform, or other commercial purposes. Where the Content incorporates any intellectual property of a Game Rights Holder, including Game Footage, the license granted to Kinvrs shall be limited to the scope of rights granted to the Operator by the relevant Game Rights Holder.

Platform IP. All rights, title, and interest, including intellectual property rights in and connected with the Platform (the "Platform IP"), are owned by Company or its licensors. We do not provide you with any interest in the Platform IP, and you agree that you do not and will not claim any ownership rights in it, including your Operator Account.

KRAFTON Game IP. Upon approving your participation as an Operator in respect of a Permitted Game of Krafton, Krafton grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right to make Content featuring Krafton Game Footage which may be shared on YouTube, Twitch, or third-party media sites, subject to any Krafton Game IP usage policy. You may not split Krafton Game Footage into components and distribute them as separate material. Producing physical goods and merchandise for profit-seeking purposes using Krafton Game IP is strictly prohibited.

10Permissible monetization

You may monetize your Content in respect of the Event through partner programs, affiliate marketing programs, and/or advertising through Twitch, YouTube, Meta, or other video sharing platforms, provided that: (i) such Content complies with all Kinvrs policies; (ii) such Content complies with all policies and requirements in respect of any third party intellectual property featured; (iii) such Content is available for free to the public on such third-party media site; and (iv) such Content complies with applicable laws. Kinvrs reserves the right to review and revoke these monetization rights at any time for any reason within its sole discretion.

11Sponsors

Operators generally may obtain sponsors for Events. Kinvrs reserves the right to require that any Event obtain prior approval for sponsors or terminate sponsorships to the extent possible. However, Events cannot be sponsored by any person that sells or promotes any of the following: games or other products or services from entities that compete directly with Krafton; account selling, sharing, or trading websites; alcoholic beverages, drugs (legal or illegal) and products used to consume drugs, tobacco and vaping products, or cannabis and products used to consume cannabis; pornography or sexual or adult-oriented products or services; gambling; firearms / weapons or related products; political candidates or ballot initiatives; religious products or services; online money games; unauthorized use of third-party intellectual property; or illegal goods and services, including video game cheats, hacks, or virtual items sold through gray/black markets, illegal network marketing, or any other businesses deemed ineligible at Kinvrs' discretion.

12No LAN events, entry fees or stakes

The Platform and any functionality or services offered on or through it are intended solely for the hosting of online Events. Use of the Platform in connection with any in-person or offline Event, including local area network events or any Event where Participants are required to be physically present at a common venue, is prohibited unless the Operator has obtained Kinvrs' prior written approval, which Kinvrs may grant or withhold at its sole discretion and subject to such terms as it may prescribe.

Operators are strictly prohibited from charging Participants any entrance fee, monetary consideration of any kind, or other stakes as a condition of, or in connection with, participation in any Event on the Platform. The Operator shall not engage in any conduct that may cause an Event or the Company to be in contravention of Applicable Laws. Upon becoming aware of any Operator charging any such fee or stake, the Company reserves the right, without prior notice, to: (i) permanently ban such Operator from the Platform; and (ii) report such Operator and the relevant conduct to the appropriate law enforcement authorities.

13Prizes

Events hosted on the Platform may carry Prizes or may be offered without Prizes, as determined by the Operator. Where an Operator elects to offer Prizes in connection with an Event, the Operator must ensure that such Event is conducted in compliance with the Prize policy as prescribed by Kinvrs and made available on the Platform from time to time.

14Taxes

We are not responsible for providing tax advice or ensuring your compliance with tax-filing obligations in your jurisdiction. It is your responsibility to consult a tax professional to determine your obligations. We do not provide tax advice, and you are solely responsible for determining and complying with your tax obligations in all relevant jurisdictions. Without limiting the foregoing, Company and/or its payment service providers may collect tax forms, tax identification information, and make deductions or withholdings from Prize payments where required by Applicable Laws.

15Audits

You do not have the right to audit, request, or inspect any documents or records of the Company or its payment processing partner relating to the Platform, including how Prizes are calculated and distributed. If you have any questions about Prizes or decisions made with respect to your Operator Account or participation on the Platform, you may refer to the FAQs. The Company reserves the right to update, modify, or correct Prize calculations in the event of errors, fraud, or technical issues.

16Suspension or termination of an event

Once commenced, an Event may not be discontinued by an Operator. Prior to the commencement of an Event, an Operator may discontinue the Event without liability where no Prizes are associated with such Event. Where an Event involves Prizes, an Operator seeking to discontinue the Event prior to its commencement must provide Kinvrs with written reasons and obtain Kinvrs' prior written approval, which Kinvrs may grant or withhold at its sole discretion.

Kinvrs reserves the right to suspend or terminate any Event at any time upon discovery of any violation of these Terms, Applicable Laws, or any Other Policies, upon the suspension or termination of the Platform or associated services, or for other grounds. Upon such suspension or termination, Kinvrs may, at its sole discretion having regard to the events which gave rise to it including the role of the Operator, either forfeit the Prize associated with such Event or refund/return it to the Operator. The foregoing is without prejudice to any other rights or remedies available to Kinvrs, including the right to initiate proceedings and claim damages.

Where a game in respect of which an Event is hosted ceases to constitute a Permitted Game, or where the license granted to the Operator by the relevant Game Rights Holder is revoked, suspended, or otherwise ceases to be in effect, any such Event shall be immediately suspended or terminated. The provisions of this section with respect to Prizes shall apply. Kinvrs shall not be liable to the Operator or any Participant for any loss or damage arising from any such suspension or termination.

17Violations

Failure to comply with your responsibilities set forth herein, including breach of any of the Terms, Other Policies, Applicable Law, Game Policies, or other unacceptable behavior, as determined by Company in its sole discretion, may result in Company taking adverse action against you, including: (a) termination of your affiliation with the Platform; (b) suspension of some or all your privileges; (c) forfeiture of any Prize(s) earned by or payable to you or credited by you for distribution as Prizes of Events organized by you; (d) termination or suspension of the Operator Account and/or delisting of all Events proposed to be hosted by you; (e) termination or suspension of your Participant Account (if any); (f) reporting you to law enforcement authorities; and (g) initiation of civil/criminal proceedings against you. If your Operator Account has been suspended or terminated, you may not create or use another Operator Account to bypass these restrictions.

18Disclaimers

Company is not responsible for: any interruption of the Platform or termination of an Operator Account due to any action or fault on your part or failure of your hardware or device; any unavoidable reasons that cause the Platform to become unavailable, such as maintenance, replacement, regular inspection, or construction (save with respect to intentional or gross negligence of the Company); any aspect of the Event, including the information, data, operation, organization, matchmaking decisions, seeding, accuracy, or quality of any Event including results (whether manually submitted or captured through automated tools, including AI-based screenshot verification); any delay, failure, or error in the distribution of Prizes attributable to the payment service provider or other partner; any action, decision, or omission of any Game Rights Holder, including modification, suspension, or discontinuation of a Permitted Game, change to IP usage policies, or withdrawal or revocation of licenses; the Permitted Games themselves; your interactions with other Operators, Participants, sponsors, organizers, consumers or third parties; any actions of third parties who submit information on behalf of an Operator, sponsor, or Participant; any delays or errors arising from the Operator's or Participant's bank, payment processor, or financial institution; anything which is the responsibility of a third party; circumstances in which the Company sunsets, terminates or limits use of any Permitted Game or the Platform in accordance with relevant laws or policies; any fees, damages or injury arising from use of internet service providers; damages from modifications, suspensions, or discontinuations of the Platform necessary for legal compliance, system updates, or operational improvements; or any content, activities, or conduct by other Participants, Operators, or third parties. Kinvrs makes no representation or warranty as to the continued availability of any Permitted Game and reserves the right to remove any game from the list of Permitted Games at any time, with or without notice. The Operator shall promptly notify Kinvrs of any action of the Game Rights Holder which impacts the Operator's hosting of any Event.

Save as set out in the Limitation of Liability and Indemnification sections below, Company and its Affiliates do not make any promises regarding the Platform. The Platform is provided "as is" and "as available," without conditions, common law duties, representations, and warranties of any kind (including implied warranties of merchantability, non-infringement, quiet enjoyment, fitness for a particular purpose, or arising out of course of dealing, course of performance, or usage of trade), to the maximum extent permitted by law. You acknowledge that participation in the Platform is at your sole risk. The Platform may allow you to access third-party websites or services; we provide access only as a convenience and are not responsible for any content, products, or services available through them.

19Termination of the terms

Unless otherwise specified herein, any party may terminate these Terms at any time, with or without cause, effective immediately upon notice to the other party. The following survive termination: Confidentiality; Intellectual Property Rights; No LAN Events, Entry Fees or Stakes; Violations; Disclaimers; Release; Limitation of Liability; Indemnification; Injunctive Relief; Dispute Resolution; Grievance Officer, Governing Law and Jurisdiction; Severability; Miscellaneous; and any term or provision that by its nature is intended to survive termination.

20Modification; discontinuation

Company reserves the right to cancel or modify these Terms, or any Other Policies, at any time by updating these Terms or the relevant Other Policy. It is your responsibility to review them periodically. Posting of the updated Terms or Other Policies on the Platform shall constitute sufficient notice, and no separate notice shall be required. Your continued participation following any updates will constitute acceptance. Company further reserves the right to discontinue the Platform at any time, or your participation, in which case you will no longer be entitled to any Platform benefits. Except as set out elsewhere, we will not be liable to you in the event that all or part of the Platform are unavailable, discontinued, modified or changed in any way.

21Release

In consideration of the opportunity to participate in the Platform or host any Event, as well as the other benefits for Operators, you hereby release and forever discharge the Company, its Affiliates, partners, sponsors, licensees, licensors, and each of their officers, directors, employees, contractors, and agents (collectively, "Releasees") to the maximum extent permissible under applicable law, from any and all liability arising from claims, demands, rights and causes of action of whatever kind that may arise from your participation in the Platform or Events other than relating to (i) personal injury, death, or property damage; or (ii) willful misconduct of Company. This release applies to all present claims, whether known or unknown. In the event a court of competent jurisdiction finds this provision inapplicable with respect to any claim brought by you, you agree that this provision is severable from these Terms in respect of such claim, and these Terms shall otherwise remain in effect.

22Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASEES WILL NOT BE LIABLE IN ANY WAY FOR ANY: (i) LOSS OF PROFITS; (ii) LOST REVENUE; (iii) LOST SAVINGS; (iv) LOSS OR EXPOSURE OF DATA; (v) ANY CLAIM RELATED TO PRIZE PAYMENTS NOT ATTRIBUTABLE TO THE COMPANY'S WILFUL MISCONDUCT; OR (vi) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR PARTICIPATION IN THE PLATFORM, OR THE CONTENT, EVEN IN THE EVENT OF OUR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE LIABILITY OF THE COMPANY, AND ITS AFFILIATES, ARISING UNDER, RELATING OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM, INCLUDING ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES OR INJURIES, EXCEED FIFTY U.S. DOLLARS ($50). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE AT LAW.

23Indemnification

You, and as applicable any agent representing you, agree to jointly and severally indemnify, defend, and hold harmless Releasees from and against any lawsuit, litigation, dispute, claim, arbitration, mediation, action, hearing, proceeding, investigation, charge, complaint, demand, injunction, judgment, order, decree, ruling or any other proceeding (collectively, "Claims"), arising out of or in connection with: (i) a breach or threatened breach by you of these Terms, including any warranty, representation, covenant, promise or undertaking contained herein; (ii) any acts or omissions of you; (iii) any acts or omissions of an agent representing you; and (iv) any alleged or actual violation by you of any Applicable Laws, including laws that govern intellectual property or privacy rights or gaming. Company may, at its election, take control of the defense and investigation of any Claim, and may hire attorneys of its own choice to manage and defend such Claims, at your cost, risk, and expense.

24Injunctive relief

Without prejudice to any other rights or remedies that Company may have, you acknowledge and agree that compensation by way of damages alone would not be an adequate remedy for any breach of these Terms by you, because Company would suffer irreparable losses. Accordingly, Company and, as applicable, its licensors shall be entitled to the remedies of an injunction, specific performance, or any other equitable remedy, in addition to any other remedies available under Applicable Laws, without bond, other security, or proof of losses.

25Dispute resolution

Dispute with the Company. You agree to attempt to resolve any dispute (including grievances or claims against the Company) by contacting the Company directly in the first instance, by writing to the Grievance Redressal Officer whose details are set out below. In your notice, please include: your name, contact number and email address; your relation to the subject matter of the complaint; the name and age of the person aggrieved (if you act on their behalf, with a statement under penalty of perjury that you are authorized); and a description of the dispute. On receiving the notice, the Company reserves the right to engage with you to resolve such dispute, and you agree to undertake good faith efforts for a minimum of 60 days from first notification prior to initiating any legal proceedings, which good faith efforts shall constitute a condition precedent for initiation of such proceedings.

Disputes with Participants, Sponsors or Other Third Parties. You must undertake good faith efforts to resolve such disputes amicably prior to initiating legal proceedings. Where the dispute concerns interpretation or enforcement of these Terms or any Other Policy, the parties must endeavour to resolve it between themselves; where either party specifically requests Kinvrs' intervention, Kinvrs shall at its discretion be entitled to step in and any decision taken shall be final and binding, which the Operator acknowledges and agrees to. Where the dispute concerns matters outside the scope of these Terms or any Other Policy, Kinvrs shall have no obligation to resolve, adjudicate, or mediate it. Kinvrs shall not be liable for any loss or damage arising from any dispute between an Operator and a Participant, sponsor, or any other third party, or the outcome thereof.

26Grievance officer, governing law and jurisdiction

These Terms shall be interpreted and governed by the laws of India, and subject to and without prejudice to the Dispute Resolution section, the courts of Bengaluru, India shall have exclusive jurisdiction for all purposes regarding these Terms. The Company reserves the right to replace the Grievance Redressal Officer at its sole discretion through publication of the name and title of such replacement on the Platform, which shall come into effect immediately upon publication.

27Notice

To Company. To provide notice to Company as required herein, you must contact No. 20, 1st Cross, S N Nagar, Sampangiramnagar, Bangalore, Karnataka, 560027. You acknowledge that notice shall not be deemed received by Company unless and until Company provides an acknowledgment of receipt.

To You. To provide notice to you as required herein, Company must email your email address of record associated with your account. You agree to maintain an up-to-date and valid email address on file with Company and acknowledge that failure to do so may result in the inability to receive important notices, for which Company shall not be held liable.

28Severability

If any provision of these Terms is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

29Miscellaneous

These Terms and the other Kinvrs policies referenced herein contain the entire agreement between the parties relating to its subject matter and supersede all other agreements pertaining to it whether verbal or written. You may not assign or transfer your rights or obligations under these Terms. Kinvrs may, without your prior consent, assign, transfer, or otherwise dispose of its rights and obligations, in whole or in part, to any Affiliate or to any successor entity in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of the assets of Kinvrs.

Nothing in this Agreement shall be construed as creating a partnership, joint venture or agency relationship between the parties. Company has sole discretion on whether to, and to what extent to, but no obligation to, enforce any rights or take any actions stated in these Terms. Company may through its Affiliates or parent organization take any actions required or permitted hereunder; such entities are not parties and not liable hereunder, provided Company shall remain responsible for such Affiliates' actions to the same extent as if performed by Company. Company's failure to enforce any right or provision shall not be construed as a waiver. Company is not liable for any failure, suspension, or termination of access to the Platform arising out of a force majeure event (including strikes, lock-outs, acts of God, war or terrorist activity, riot, pandemic, civil commotion, malicious damage, compliance with any law or government order, accident, fire, flood, storm or default of suppliers beyond Company's reasonable control). These Terms may be translated into other languages for convenience; in case of any discrepancy, the English version shall prevail.