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Gamify the way you learn & work
- Global Leader in B2B Gamification Platforms
- 2M+ Users Served
- 1000+ Games Created
- Presence in 50+ Countries
- Futuristic, Web 3.0, Metaverse Games
- Prices You Will Love
Investors and Partners
1.1. Gamapp Sportswizz Tech Private Limited (hereinafter referred to as the “Company” or “we” or “us” or “our”) aims to provide proper knowledge of the terms of use to its users (hereinafter referred to as the “user” or “you” or “your”) that use our website located at gameapp.tech, including other media forms. The said Company’s Terms and Conditions (hereinafter referred to as the “Terms”) is designed to inform you, as a user of the said website, about the terms and conditions the users will be subjected to while using the said Website. Changes to the “Terms” are discussed at the end of this document. Each time you use the Website, however, the current version of this “Terms” will apply. Accordingly, each time you use the Website you should check the date of the “Terms” (which the Website bears at the beginning of this document) and review any changes since the last time you used the Website.
1.2. We respect your right to information and aim at providing a transparent set of “Terms”. Please read the terms of this Agreement provided below to learn about the “Terms” you will be signing up for. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS MENTIONED HEREIN KINDLY DO NOT GIVE YOUR CONSENT AND PROCEED FURTHER TO ACCESS THE Website. By giving your consent to proceed forward in order to access the Website, you will be responsible to adhere to the “Terms” mentioned herein.
1.3. The Agreement or “Terms” as may be prescribed by the “Company” together constitute a legally binding agreement between you and the Company. You are requested to read these Terms carefully before accessing or using the Website.
1.4. The Company may update/modify/amend these Terms (including any portion of it) at any time, with or without advance notice.
1.5. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2.1. In order to avail and benefit from the services provided by the Website of the Company, you will be required to register on the Website. Registration is a one-time process and depending on the service / game you decide to avail, a subscription fee may be imposed.
2.2. You may register by creating an account on the said Website. To create an account you need to provide relevant personal information like Name, Email – ID, Birth Date, Address, and Country. Subsequently, an account with an exclusive user name and password will be created by the Company for you.
2.3. Pursuant to Clause 2.2. of this Agreement, you hereby undertake to only provide your accurate personal information and not misrepresent your identity with respect to the usage of the Website of the Company in any manner. The Company hereby reserves the right to take legal action against the user who misrepresents personal information or conceals correct facts about their identity.
2.4. There are two kinds of service plans offered by the Company which have been mentioned below for your reference –
a. Free Service Plans – Individual users will be permitted to access the services provided by the Website in a limited manner. Usage will be strictly limited for non – commercial purposes.
b. Paid Service Plans – Business enterprises or large corporates may avail this service for commercial purposes. Accessibility to the services provided by the Company shall be contingent on the purchased plan by the corporates.
i. Pursuant to the above clause 2.4 (b) of the Agreement, you shall pay the Subscription Fee (which permits you to use the Website during the Subscription Period) to the Company in accordance with this Agreement. The Subscription Fee consists of a payment which shall vary as per the content /game/ service selected or availed by you from the Website of the Company.
ii. The Company shall take payment of the Subscription Fee on the Commencement Date (i.e. the date on which the payment of the subscription fee is made) and you will be allowed to avail services thereafter unless or until it is terminated in accordance with the provisions of this Agreement.
iii. You shall pay all invoices issued by the Company under this Agreement as and when you are enjoying the benefit of the content /game/ service provided on the Website of the Company and the same shall be paid in full and in cleared funds. Payment shall be made to the bank account using payments gateways (Razor Pay & Stripe) nominated in writing by the Company.
iv. You shall pay all amounts due under this Agreement in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by Applicable Law). The Company may at any time, without limiting any other rights or remedies, set off any amount owing to it by you against any amount payable by the Company to You.
v. The Subscription Fee shall be paid in INR unless otherwise agreed between the parties in writing.
vi. The Company shall be under no obligation to provide any part of the Services while any subscription fee is not paid in accordance with this clause 2.
3.1. This section is applicable to the users who avail Paid Service Plans as mentioned in Clause 2.4. (b) of this Agreement.
3.2. Enterprises or Corporates may purchase content, games, quizzes etc from the Website of the Company in bulk for commercial purposes like engaging employees in social activities, etc.
3.3. Depending on the content, game, quiz etc. chosen and purchased by the Enterprises or Corporates, there will be an upper limit on the number of users who can avail such services provided on the Website of the Company. For every such user, a unique User ID and password can be created by the users for whom the Enterprises or Corporates have purchased the content, game, quiz, etc.
3.4. When users who avail services of the Website through an enterprise or Corporate, explicitly give authority to their respective enterprise or corporate to control and manage your usage of the Website. In such situations, the administrator of your said enterprise or corporate may have the authority to – a. Select the content, game, quiz, etc. on your behalf, b. Alter or terminate your access to the service of the Website; c. Access and process your data.
Users may also avail the service of the Website of the Company in order to get content, game, quiz etc. integrated in their applications or websites. Such integration into Third Party Application is an optional service provided by the Company. In case, you decide to avail for this service as mentioned in this Clause 4 of the Agreement, you will be bound by the following terms –
4.1. You shall make a one-time payment of the subscription fee as per the content, game, quiz selected by you. You will have access to the said purchased content, game, quiz etc. for a limited period of time as mentioned in the ‘End User License Agreement’ of the said service.
4.2. Such integration of the content, game, quiz, etc. shall be governed and subjected to the Privacy Policy of the said Third Party Application.
4.3. The Company shall not in any manner be responsible for any integration of the content, game, quiz, etc. into the Third Party Application.
4.4. The Company shall also not be held responsible for non - functioning of the Third Party Application under any probable circumstances. It shall be the sole responsibility of the owners of the Third Party Application to address the issues.
The Website grants to you a non-exclusive, non-transferable license to use the Website to avail the services and benefits provided by the Company.
Except for any rights expressly granted to you, the Company shall retain all right, title and interest and proprietary rights in their own intellectual property including those relating to Patents, Trade Marks, Copyright, Industrial Design and the like, in its inventions, discoveries and works in various jurisdictions in India. Nothing in this Agreement shall be construed to assign or license any right to the Company’s intellectual property to you, unless expressly granted herein.
If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as narrowly as possible to reflect the original intent of you and the Company. The remaining portions remain in full force and effect.
You may use the Website for reasonable and lawful purposes only, and shall not indulge in any activity that is unlawful or harmful to the Website or its content. You are provided with a limited license to access and use the Website, solely for the purpose of availing the Services such as the content / games/ other services, subject to these Terms.
8.1. You hereby undertake to:
a. the Website may only be accessed and used by authorized users through the account for the permitted purpose or availed services.
b. the Website may only be accessed and used by you for the permitted purpose or availed services; and
c. You must accept the Terms of Use prior to using the Website and keep your account registration and contact details up to date;
d. You must not operate more than one account on the Website of the Company and not give access to your account on the Website to any person;
e. notify the Company immediately if you become aware of any unauthorized access to or use of your account or the Website.
f. ensure that you keep a secure password for your use of the services and you shall keep your password confidential;
g. comply with any additional license terms applicable to third-party software forming part of the Services that we make you aware of from time to time.
h. Delete or modify any content on the Website, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the you do not own or have express permission to modify;
8.2. You hereby undertake not to:a. Disrupt the content;
b. Use the Services in any way that is unlawful, or harms the Company or any other person or entity;
c. Publish fake or malafide statements against the Company or the Website.
d. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and/or the Services;
e. Engage in any form of antisocial acts or “phishing” and other such similar activities as those terms are commonly understood and used on the internet; or
f. Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.
g. Do not upload or alter or publish any content or media that infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; or is hateful in nature or defames another person or the Company or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
h. It will be your responsibility to maintain the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to their account. You are requested to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your Account Information current and accurate. The Company shall not be held liable for any unauthorized use from your account.
i. You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Website.
8.3. You represent and warrant to the Company that:
a. you are 18 (eighteen) years of age or older;
b. usage of the Website will not be violative of any law in use; and
c. all information that is submitted to the Company in connection with the Website and/or Services is true and accurate.
9.1. The Company permits you to cancel the existing availed subscription that has been purchased by you from the Website of the Company within seven days from the date of the purchase of the service/game. Users may raise a request for such cancellation of subscription by writing an email to the official email of the Company, i.e. support@gameapp.tech
9.2. Requests raised by you for canceling your existing subscription shall be considered valid only if a cancellation request has been made by way of email to support@gameapp.tech
10.1. The Company permits you to cancel the existing availed subscription that has been purchased by you from the Website of the Company and initiate refund within seven days from the date of the purchase of the service / game. Users may raise a request for such cancellation and refund of subscription fee by writing an email to official email of the Company , i.e. support@gameapp.tech
10.2. The Company shall initiate refund and process it in the bank account of the user within fifteen (15) working days from the date of cancellation of the services provided by the Company.
10.3. The Company reserves the right to initiate only credit refunds for a special segment of content / game that have been mentioned on the Website of the Company.
10.4. In order to avail the refund policy as mentioned in this Clause 8, following conditions must be fulfilled -
a. The user must not have downloaded or consumed a significant portion of the purchased game / content that was purchased from the website of the Company. The discretion to decide the amount of content / game downloaded or consumed shall lie solely with the Company.
b. The user must not have requested for initiating refund for the same content /game more than two times on the Website of the Company.
c. In case of violation of any rules as mentioned herein, the Company reserves the right to ban or disable your account from the website of the Company. Under such situations where your account has been banned or disabled, you shall not be permitted to initiate a refund from the Company with respect to subscribed content / game.
11.1. Each Party may terminate this Agreement if:
a. the other Party materially breaches the Agreement and is unable to rectify the breach within thirty (30) days from the receipt of the written notice;
b. the other Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety (90) days;
c. the Company is under the impression that you have violated the terms and conditions mentioned herein this Agreement.
11.2. In a situation where this Agreement is terminated due to a fault or material breach on the part of the Company, the Company shall take all necessary steps to refund the remaining subscription as on the effective date of termination.
11.3. In a situation where this Agreement is terminated due to a fault or a material breach on the part of the User, the Company shall not be liable to refund any amount that has been paid by the user. Users shall infact be held responsible to pay the remainder of the subscription fee (if any). The termination shall in no way relieve the user of any of its obligations as mentioned herein.
11.4. Upon termination, the user shall immediately lose its right to use and avail services from the Website of the Company. The Company further, also reserves the right to delete all your information from its database which shall include but will not be limited to account information or log in credentials.
12.1. The Company shall in no way be held liable for the execution or quality of the services provided by any third-party agent. You are requested to directly raise a claim or disciplinary or legal action against the third party agent.
12.2. In case you are dissatisfied with the service provided by the third-party agent, you shall raise a claim within 5 working days from the date of execution of the service.
13.1. You agree to indemnify and defend the Company for losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, violation of these Terms, or infringement of any intellectual property or other rights of the Company. The Company will notify you of such claims and accordingly you will have to cooperate and assist and indemnify the Company of such losses.
13.2. The Company in no event shall be liable for any content posted, transmitted, exchanged or received by or on behalf of you or other person on or through the Website.
The Company will not be held responsible for any delay or failure to adhere to the obligations if such delay or failure arises or is in connection to an Act of God which is beyond Company’s reasonable control.
You may submit any grievance in connection with the Website and services availed on the Website provided by the Company at:
Name: R Krishna Kishore
Address: Ulsoor, Bengaluru
Contact Number: +91 99000 44659
E-mail ID: krishna@gameapp.tech
This Agreement is governed by and shall be construed in accordance with the laws of India. In the event a dispute arises between you and the Company in connection with the terms of this agreement, validity, interpretation, implementation, non-disclosure terms or alleged breach of any provision of this Agreement, both you and the Company shall attempt to resolve the dispute in good faith by senior level negotiations. In case, any such difference or dispute is not amicably resolved within forty five (45) days of such referral for negotiations, it shall be resolved through arbitration process, wherein a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996 shall be appointed by the Company. The proceedings of arbitration shall be conducted in English language and the arbitration award shall be substantiated in writing and binding on you and the Company. The arbitration proceedings shall be completed within a period of one hundred and eighty (180) days from the date of reference of the dispute to arbitration or under the jurisdiction of the court of Bengaluru, Karnataka.
