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END USER LICENSE AGREEMENT
TERMS AND CONDITIONS
Last Updated on April 10th , 2025
This End User License Agreement (this “Agreement”) is between the Individuals, legal entity or entities that accept(s) this Agreement by physical or electronic signature, or by a click-through acceptance executed between you (“Licensee,” “End User” or “You”) and Suhas Sosale Guruprasad (“Sosale” “We” “Our,” “Us”). This Agreement is effective as of the earlier of the date set forth on the signature page hereto or the date on which this Agreement is accepted through “click” online, as applicable (such date, the “Effective Date”) in relation to any of our games, websites, applications, and other software products (“Products”).
1. Accepting This Agreement
a) By accepting this Agreement, you represent and warrant that you are an individual over the age of eighteen (or other age of majority in your country of residence). If you are under the age of majority, you must ask your parent or guardian to read and accept this Agreement on your behalf before you use our Products. You may not use or access our Products if you (or your parent or guardian) do not agree to this Agreement.
b) If you permit your minor child or legal ward to use the Products, you agree to this Agreement on behalf of them and yourself. You understand and agree that you are responsible for all uses of the Products by your child or legal ward and that you have the same duty of care as in your own matters. You agree that you will not knowingly allow any individual under the age of majority to use or access the Products without a parent or legal guardian supervising him or her.
c) If you are using or acting through another Individual or Entity, You understand that the verified account holder shall be bound by this agreement.
2. Amendments to This AGREEMENT
a) From time to time, we may need to amend this Agreement for serious reasons, for example to reflect new features and functionalities in the Products, to enhance security of our users, or to comply with changes in law.
b) We will notify you of the changes via e-mail or on other durable medium no later than 30 calendar days before such changes come into force. In the notification, we will inform you about the changes, your right to object, the notice period and the legal consequences of a failure to object. We will also communicate to you the text of the updated Agreement. Where permitted by law, we reserve the right to send such notice via other commonly used notification mechanisms (for example, in-game pop-up message or a message in the account management section) reasonably in advance.
c) We will obtain your consent where required by law. Otherwise, you shall be deemed to have accepted the changes unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receiving the notification from us.
3. Access and Use
a) You need to create an account to use all features of our Products. A Products account is a collection of data associated with a particular individual that is required for his or her use of the Products, including authentication (authorisation), access to settings, statistics and other information, and use of Paid Items (the “Account”).
b) Your Account is personal to you and must not be shared, transferred, or traded with any other person. At no time should you disclose your password and other login credentials to anyone. This includes your friends, children, spouses, co-workers, clan members, and/or clan leaders.
c) If you share or transfer your Account, you will be responsible for the conduct and actions of third parties using your Account, including for all violations of this Agreement. We reserve the right to suspend access to your Account or to close your Account and terminate this Agreement.
d) You must ensure that you secure your Account, computer, mobile phone or other device on which you use our Products from third party access.
4. License Grant
Subject to the terms of this Agreement, Sosale grants you a limited, non-exclusive, non-sublicensable and nontransferable license to download, install, and use the Game/Products for your personal, non-commercial use on a device owned or otherwise controlled by you (“Device”) strictly in accordance with this Agreement. Licensee shall not:
a) Copy, reproduce, distribute, republish, download, display, post or transmit any form or by any means the Products, except as expressly permitted by this Agreement.
b) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Products.
c) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Products or any part thereof.
d) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Products, including any copy thereof.
e) Access or use the Products in order to build a similar or competitive productor service.
f) Rent, license, lease, lend, sell, sublicense, assign, distribute, host, publish, transfer, commercially exploit or otherwise make available the Products, or any features or functionality of the Products, to any third party for any reason, including by making the Products available on a network where it is capable of being accessed by more than one device at any time.
g) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Products.
5. Price and Conditions
a) Certain Products may permit you to order Paid Items subject to automatic billing of your selected payment method at pre-determined time intervals (“Subscriptions”).
b) The Paid Products that you may subscribe to, the initial period of the Subscription, the price of the Subscription, the time intervals at which your payment method will be billed, and other details of the Subscription shall be clearly specified in the Subscription interface before you subscribe.
c) Sosale shall notify you of a Subscription Price Change at least 30 calendar days in advance. Such notification shall be sent to you via e-mail or on other durable medium. Where permitted by law, we reserve the right to send such notice via other commonly used notification mechanisms (for example, in-game pop-up message or a message in the account management section) reasonably in advance. The notification shall contain the new Subscription price and an explanation of the main factors contributing to the Subscription Price Change as well as instructions and a possibility to easily terminate the Subscription (e.g. a link to unsubscribe). We will obtain your consent to the Subscription Price Change where required by law. Otherwise, you shall be deemed to have accepted the Subscription Price Change unless you have unsubscribed before the new price is effective.
d) If the Subscription Price is not paid due to the user’s fault, Sosale may temporarily suspend the Subscription until the payment is made.
6. Feedback
You may, from time to time, voluntarily make known to provide suggestions, enhancement requests, techniques, know-how, comments, feedback, or other input with respect to the Products (collectively, “Suggestions"). Unless otherwise agreed to in writing by the parties with respect to any Suggestion, Sosale shall have a royalty-free, worldwide, irrevocable, perpetual license to use, disclose, reproduce, license, distribute, and exploit any Suggestion without restriction or obligation of any kind, on account of confidential information, intellectual property rights, or otherwise, and may incorporate into its Products ("Improvement") with no obligation to license or to make available the Improvement to you or any other person or entity.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OR CORRUPTION OF DATA, INABILITY TO ACCESS OR USE EQUIPMENT, PHYSICAL DAMAGE, HEALTH ISSUES, SOFTWARE OR DATA, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SOFTWARE, OR BASED ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOSALE TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER WILL NOT EXCEED THE AMOUNT PAID TO SOSALE FOR THE USE OF PRODUCTS.
8. Term and Termination
a) These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect till the User continues to access the Products and avails the Services provided by Sosale. The Terms shall further bind the parties when the nature of the Sections are in the nature of surviving.
b) This Agreement is effective until terminated by you or us. You may terminate this Agreement by deleting all copies of the software and no longer using any of our Services. We may suspend or terminate your Account and your use of any of our Products at our sole discretion, including where we consider that your use of our Products breaches this Agreement or applicable law, or where we choose not to continue providing any Products to any person for any reason. If we take any action described in this Section, any license you may have under this Agreement will terminate and, to the fullest extent permitted by applicable law, you will not be entitled to a refund, credit or any other reimbursement for any payments you made for any Products. Our exercise of any of our rights under this Agreement shall not prejudice any remedies to which we may be entitled under law or equity.
9. Third-Party Content
Our Products may include hyperlinks to third-party websites and services. We do not control those websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information.
10. Advertisements
During your use of the Products, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.
11. Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Sosale or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Sosale. All trademarks, service marks, graphics and logos used in connection with the Products , are trademarks or registered trademarks of Sosale or its licensors. Your use of the Products grants you no right or license to reproduce or otherwise use any of Sosale or third-party trademarks.
12. Privacy
In accordance with jurisdiction laws, we value your privacy and all the personal information and data collected through the Products shall be strictly used in accordance with the applicable laws and the purposes of administration of the Products.
13. Indemnification
This section only applies to the extent allowed by the laws of your jurisdiction. If the laws of your jurisdiction do not allow you to enter into the indemnification obligation below, then you assume, to the extent permitted by the laws of your jurisdiction, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below. You agree to indemnify, pay the defense costs of, and hold harmless the Sosale from and against any and all claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney and expert witness fees)arising out of or in connection with (i) any claim that, if true, would constitute your breach of this Agreement or your negligence, (ii) any act or omission by you in using the Products. You agree to reimburse the Sosale on demand for any defense costs incurred by the Sosale and any payments made or loss suffered whether in a court judgment or settlement, based on any matter covered by this section.
14. Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of India and the court of Bengaluru, Karnataka shall have exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or our Products.
15. Severability
If any Section within this Agreement is deemed illegal or unenforceable, that Section will be severed from this Agreement, and the remainder of the Agreement will be given full effect.
16. Assignment
We reserve the right to assign this Agreement to another party without notice to you, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or obligations under this Agreement to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this Section shall be void.
17. Miscellaneous
a) Limited Time to Bring Your Claim: You agree that any cause of action arising out of or related to the Products must commence within one (1) year after the cause of action accrues or comes to your knowledge otherwise, such cause of action will be permanently barred.
b) Right To Remove Inappropriate Messages/ Content: We reserve the right to remove any messages or reviews we deem to be inappropriate, i.e, racist, sexist or threatening. Messages or content uploaded on the Products using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.
c) Our delay or failure to exercise or enforce any right or provision of these Agreement shall not constitute or be construed as a waiver of such right to act.
18. Grievance Redressal
Any complaints, abuse, or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature:
Grievance Redressal Officer:
Name: Suhas Sosale Guruprasad
Email: jargnar@gmail.com
We request you to please provide the following information in your complaint:
a. A physical or electronic signature of a person authorized to act on behalf of the owner for the purposes of the complaint.
b. Identification of the work/complaint. In case of Intellectual Property Infringements, description, title papers (if any) and images of infringement.
c. Identification of the material on our Platform that is claimed to be infringing or to be the subject of infringing activity.
d. The address, telephone number or e-mail address of the complaining party .A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner, its agent or the law.
e. A statement, under penalty of perjury, that the information in the Complaint is accurate, and that the complaining party is authorized to act.
f. undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the date of receipt of the notice.
WE USE ALL REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION PUBLISHED ON THE PRODUCTS IS ACCURATE, CURRENT, AND COMPLETE AT THE DATE OF PUBLICATION, NO REPRESENTATIONS OR WARRANTIES ARE MADE (EXPRESS OR IMPLIED) AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF SUCH INFORMATION. WE CANNOT ACCEPT ANY RESPONSIBILITY (TO THE EXTENT PERMITTED BY LAW) FOR ANY LOSS ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF, OR ANY ACTION TAKEN IN RELIANCE ON, ANY INFORMATION APPEARING ON THE PRODUCTS OR ANY OTHER PRODUCTS TO WHICH IT MAY BE LINKED.
WE PROVIDE NO WARRANTY THAT THIS PRODUCT IS FREE FROM ERRORS, DEFECTS OR VIRUSES.
