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Addendum to Terms of Use for Users In India

Last Updated on 04.8.2026

This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records as applicable and amended from time to time, and is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines and Digital Media Ethics Code) Rules, 2021. This document is generated by a computer system and does not require any physical or electronic signature.

1. Introduction

These Terms and Conditions of Use (‘Terms’) concern the digital entertainment platform developed and owned by Mr. Prince Kumar (the “Proprietor”, “We”, “Us”) which is published and made available to Users through the following webpage https://www.zeemist.com/ and application(s) under the name “Zmist Games” (collectively, “Platform”).

For the purpose of these Terms, it is clarified that the Platform hosts various free-to-play games for entertainment and recreational purposes (“Games”) and offers relative Services (as defined below). The Platform is offered in conformity with the Applicable Law and does not involve or promote gambling, betting, or wagering of any kind. No monetary stake, entry fee, or other consideration is required for participation therein from Users.

Further, for the purpose of these Terms, wherever the context so requires, ‘You’, ‘Your’, ‘Yourself’ and/or ‘User(s)’ (as further defined below) shall mean any natural or legal person(s) who accesses, views or visits the Platform and accesses or participates in the Games or accesses any relative Services offered on the Platform and registers or provides any information on the Platform, irrespective of whether such person constitutes an individual, company or other entity. Any titles or headings inserted in these Terms are for convenience only and shall not affect the interpretation of the provisions of the Terms.

Users understand, acknowledge and agree that the Proprietor is the exclusive owner of the Platform, and these Terms govern Your access, participation in the Games and the use of all features, content, and related activities including services that We own, control and make available through the Platform and any other applications, tools, products, and services that We may provide from time to time (collectively, ‘Services’ as elaborated hereunder). By visiting or accessing the Platform, opting to register and create an Account on the Platform, participating or accessing the Games available on the Platform or otherwise using and availing Services made available by the Proprietor (with or without an Account), whether impliedly or expressly, You acknowledge and accept these Terms and enter into a binding contract with Us.

We encourage and advise all Users to read and understand these Terms prior to making use of the Platform and its Services. Your use of, and access to, the Platform and Services is subject to these Terms. Any usage of the Platform or Services in any manner whatsoever shall be governed by these Terms read with the privacy policy published on the Platform (‘Privacy Policy’) or any other policy which may be published on the Platform (collectively ‘Agreement’), and Users shall be subject to and bound by the same, regardless of how the Users, or anyone on the User’s behalf, has accessed or used the Platform or Services. The capitalized terms not defined in the Terms shall have the meanings ascribed to them in the Privacy Policy and/or Agreement governing Your use of the Platform.

If the User does not want to be bound by the Terms, they must not retain, access and/or use the Platform or Services in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly, in contravention of these Terms, may render the User liable for legal action.

2. Definitions

For the purposes of these Terms, in addition to any words, expressions or terms expressly defined in the introduction and in the text of these Terms, any references to the following terms, words and expressions, wherever used in these Terms, unless repugnant to the meaning or context thereof, shall have the following meanings:

2.1

‘Applicable Law(s)’ shall mean the applicable laws, statute, rule, regulation, ordinance, guideline, by-law, or subordinate legislation of India as well as all amendments to the same which come into force from time to time;

2.2

‘Account’ shall mean the registered user profile a User may create to acquire access and use the Games and other select Services offered by Us on the Platform in accordance with the Agreement;

2.3

‘Business Partner(s)’ shall have the meaning ascribed in Our Privacy Policy and shall mean any natural or legal person(s) with whom We have a business arrangement or collaboration with in relation to the functioning of the Platform and its Services, such as for facilitating, providing and/or delivering certain technical and other functionalities relating to the Games , or features or aspects of any Services provided to User(s) on the Platform. Our Business Partner(s) can include payment processing partners, promotional and marketing agencies, network partners, verification and security vendors, technical vendors and/ or any other third-party service providers We may engage from time to time;

2.4

‘Platform’ shall mean the relevant webpage and application(s) specified above and shall include any other digital platforms through which the Services are made available by Proprietor;

2.5

‘Minor’ shall mean a child or person below the age of majority in the legal jurisdiction in which he/she is based, who is not eligible to register and/or avail any of the Services offered on the Platform;

2.6

“User(s)’,‘You’, ‘Your’, ‘Yourself’ shall mean an adult individual, who has validly signed up/registered on the Platform and/or is availing the Services provided by the Platform by following the verification procedures implemented on the Platform and/or has access to/uses the features and functionalities of the Platform and who in connection with the Platform and the Services may access, select or avail, share, transact, view, display, download or upload any information on the Platform and include the person(s) referred to under clause 1 above;

2.7

‘User Information’ shall mean information relating to a User, including Personal Information (as defined in the Privacy Policy) and/or other data and information mentioned in Our Privacy Policy. User Information may be required to be provided by User(s) either at the time of registering an Account on the Platform and/or subsequent to the time of registration, at any time while availing the Services and/or in connection with the Services. User Information includes any User-related information for which a written request may be communicated to the User by Proprietor at any time in relation to the User’s use of the Services; and

2.8

‘Services’ refer to the features and functionalities defined in clause 1 above, which are offered and/or made available to the User(s) through the Platform on a free-to-play basis by the Proprietor in accordance with these Terms and the Agreement.

3. Acceptance of Terms and General Conditions

3.1

By using the Platform in any manner (such as through participating in the Games, accessing the Platform and/or using or accessing any of the Services with or without an Account), You declare that You have read, understood, and accepted the provisions of these Terms in full and hereby agree to comply with, and be bound by, the Terms. You hereby agree to be bound by these Terms in respect of such use of the Platform and to be liable for all activities conducted through Your Account on the Platform. If You do not agree to the provisions of these Terms, You must not use the Services made available by Us, register an Account on the Platform and/or access the Platform in any manner.

3.2

To be eligible for the Services, Users must be of legal age to form a binding contract and should not be barred from receiving Services under the laws of the applicable jurisdictions or territories in which the User resides. By registering, You represent that You are a person of legal age to form a binding contract and are not a person barred from receiving Services. For avoidance of doubt, Minors (being persons less than eighteen years of age in India) are not eligible to register on the Platform and avail the Services offered on the Platform.

3.3

Your agreement to these Terms shall indicate that You have the right, authority, and legal capacity to agree to the Terms and that You have read, understood, and agreed to be bound by the same.

3.4

We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these Terms and applicable Agreement , at any time without any prior written notice to You. You acknowledge and accept that these Terms and Policies may be amended from time to time and such amendments will become effective and binding on You, from publication, or announcement, or communication of the amendment on the Platform. Your continued use of the Platform (and its Services) after such publication or announcement or communication of the amendment, shall confirm Your consent to and acceptance of such amendments. It is Your responsibility to review these Terms and any Platform Agreement periodically for updates/changes, therefore, You are encouraged to revisit the Platform to be updated as regards any amendments.

3.5

Feedback. Please contact Us through the following e-mail address: support@zeemist.com in case You have any questions or doubts pertaining to the Services and/or the Platform, or if You wish to share Your suggestions/improvements, experience, comments and requests as regards the same (collectively “Feedback”). We welcome any Feedback the User(s) might have on the Platform and Services provided, You acknowledge and accept that; the Feedback You may provide regarding the Platform, and/or the Services is entirely voluntary and We will be free to use such Feedback as We see fit and without any obligation to You. We shall not be subject to any obligation of confidentiality in relation to any submitted Feedback; We shall not be liable in any way for any delay in responding to any Feedback forwarded by You. If You provide Feedback, You represent, warrant, and covenant to Us that Your Feedback does not violate the rights, including publicity, intellectual property rights, personality or any other rights, of any person and/or third party. Further, You grant Us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Feedback in any way and for any purpose without providing any compensation to You or any other person. You also grant Us the right to use the Credentials (as defined below) and other details You submit with the Feedback (if any) in connection with Our rights hereunder.

3.6

In case You have any Grievances (as defined herein below), please contact the Grievance Officer (as defined below) in accordance with these Terms.

4. Eligibility and Use of Services

4.1

Registration and Access. You can use Our Services either with or without an Account. If You wish to save Your Game progress and retain it across devices operated by You, You may link Your Account and its associated User ID with the relevant third-party social media account available on the Platform. Where You create an Account with Us, We may ask You for certain User Information as may be indicated on the Platform (the ‘User ID’ or ‘Credentials’) and detailed in Our Privacy Policy. You may only register and use a single Account (if created) with Us for which You will need to register using Your own, correct name with valid credentials and declaration of age, as may be sought by Us. Where You create an Account with Us, upon the completion of the registration process, subject to appropriate verification process(es) undertaken by Us in Our sole discretion, an acknowledgement of the activation of Your Account shall be communicated from Us to one or more of the contact details provided by You on the Platform.

4.2

If We gain knowledge of any User accessing the Platform in violation of eligibility requirements set out herein or engaging in any actions or unfair practices (including but not limited to collusion, scripting, or cheating) in connection with Our Services or in violation of Our Agreement, We reserve the right to immediately suspend, cancel or revoke such User’s access to Our Platform and Services in accordance with the Agreement, without prior notice, compensation or obligation to You.

4.3

User Information. Your User Information, including Your User ID, as made available to Us, is treated as Your primary identification on the Platform. You agree and understand that any content You provide, including Your User ID must not be indecent, objectionable, offensive, or unlawful. User information that is found to violate Our Agreement, including by being derogatory, inappropriate or infringing of the intellectual property of any entity may be rejected. It is re-iterated that it is Your responsibility to ensure that the User Information provided on the Platform is valid and remains updated at all times. We are not liable for non-rendering of requested Services owing to any incorrect or invalid information that is reflected/uploaded by You or at Your end in any way, including in connection with Your Account. You acknowledge and agree that We may share User Information or any other information in Our control or possession with (i) appropriate authorities for the purpose of verification of identity or for the prevention, detection, investigation or prosecution of offences under any law for the time being or for cyber security incidents; (ii) with relevant third parties such as Our Business Partners for the purposes and in the manner further elaborated in Our Privacy Policy. Further, We may preserve such information and associated records as maybe required for evidentiary and investigation purposes for a statutorily prescribed period. You acknowledge and agree that certain User Information provided to Us (including Your name and the username) may be publicly displayed on Platform’s leaderboards or used in promotional materials by Proprietor. Such use will be in compliance with Applicable Laws and in accordance with Our Privacy Policy.

4.4

Services. The Services provided by Us include without limitation: i) hosting and administering access to and participation in the Platform’s card gaming titles and integrated casual games, made available now or in the future (collectively “Games”); ii) maintaining and displaying User scores and leaderboard rankings based on performance; iii) providing of in-game features, gameplay mechanics, tournaments, challenges, and progression systems; (iv) any updates, enhancements, or additional features made available by the Platform from time to time, including, where applicable, Virtual Currencies (as defined below) and In-Game Items (as defined below).

4.5

The Services offered on the Platform are free of charge and it is reiterated that We do not solicit or accept any entry fee, or monetary contribution from Users for participating in the Games offered on the Platform. It is expressly disclaimed that the Services do not include the provision of cash prizes, monetary rewards, or any form of redeemable or withdrawable value.

4.6

Notwithstanding the foregoing, the Platform is entitled to introduce and offer optional in-app purchases including virtual “chips”, “gems” and other similar virtual currencies (“Virtual Currencies”). Game passes, or other in-game items (collectively the “In-Game Items”) to Users on the Platform at its discretion in accordance with Applicable Law(s). Any In-Game Items offered on the Platform will be made available for purchase through a dedicated marketplace on the Platform (“Marketplace”) subject to the dedicated terms and conditions published in connection with such marketplace (“Purchase Terms”) which shall be in addition to these Terms and shall form part of the Agreement. However, for avoidance of doubt, it is expressly disclaimed herein that use of In-Game Items shall be strictly applicable within the Platform’s ecosystem and their purchase does not create any ownership interest in the real world. The In-Game Items shall comprise digital items that have no real-world value and do not constitute currency or property of any kind. These cannot be redeemed, refunded, withdrawn, exchanged for cash or kind or be transferred outside the Platform. The Platform does not permit, and You shall not attempt to, exchange, trade, gift, or redeem the Virtual Currencies or any In-Game Items for money, goods, services and/or any benefits outside the Platform ecosystem in any manner.

4.7

It is further disclaimed that purchase of any such In-Game Items (as may be introduced on the Platform) shall be discretional in nature and does not affect Your free-to-play access to the Platform’s Services. Further, that We reserve the right to modify, suspend or amend any aspect of the Services at any time including but not restricted to the format, functionality and availability of Games or related features offered on the Platform, at any time without prior notice to You.

4.8

You understand and acknowledge that certain content, products or services made available via Our Services may include materials from third parties. These may include third-party links to third-party platforms for Your convenience. We do not control such third-party materials including third-party platforms or the contents thereof. We do not warrant and will not have any liability or responsibility for any third-party materials or platforms, or for any other materials, products, or services of third parties. Your purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party platforms are subject to relevant terms and conditions and policies as may be published by such third-party. We, accordingly, advise Users to review the third-party's policies and practices prior to engaging in any use or transaction. Complaints, claims, concerns, or feedback regarding third-party products services or products should be directed to the third-party concerned.

4.9

The Platform reserves the right to introduce, modify, regulate, suspend, or discontinue In Game Items, including their availability, earning mechanisms, or balances, at its sole discretion and without liability, including in cases where access to the Services is restricted/terminated, suspension of Account (if created), regulatory modifications or User inactivity. Indian Users may also be provided opportunities to earn In-Game Items through gameplay, bonuses, referral programs, spin and win feature, promotional activities, or other engagement features of the Platform. The Platform may also opt to provide free Chips and Gems at regular intervals to maintain access to free gameplay and continued User participation. New Users are automatically allotted a predetermined quantity of Chips and Gems upon their use of the Platform to enable immediate participation across all Game titles offered on the Platform.

4.10

Payment The Platform does not charge any fee for participating in the gameplay, and therefore the Services are made available strictly on a free-to-play basis. For Users located in India, the Marketplace and all forms of real-money purchases or in-app purchases are disabled, and the Platform operates strictly on a free-to-play basis. Thus, the Platform does not currently enable any payments from Users at present within the territory of India.

It is clarified that in case We opt to introduce and offer In-Game Items to Users as part of the Services in accordance with Clause 4 herein, We may enable purchases on the Platform to this extent accordance with the Purchase Terms and the Agreement. It is disclaimed that any payments in connection with the purchase of In-Game Items shall be processed through Our qualified Business Partners. If You use any such (third-party) payment methods made available on Our Platform by Our Business Partners, You shall be subject to terms and conditions of and/or processing fees imposed by the applicable Business Partner(s) in addition to these Terms and Our Agreement.

4.11

By using the Services in any manner (such as through registering an Account and/or participating in the Games and/or using the Platform) or accessing any of the Services We make available in India from time to time, You represent and warrant to Us that You:

4.12

are of legal age under the Applicable Law and have the legal right, capacity, and power to accept the provisions of these Terms in accordance with the Applicable Law;

4.13

Your access to and use of the Services, is not prohibited or restricted under the laws of the jurisdiction in which You are located, and where such Services are restricted or prohibited, You shall not access or participate in them, and We shall not be responsible or liable for any unauthorized access or participation by You;

4.14

have read, understood, and agree at all times to abide by the provisions of these Terms as well as any other Agreement published on the Platform which are binding and enforceable against You and will revisit the Platform, from time to time, to review any updates and amendments to such policies, these Terms and any other Agreement as may be published or updated on the Platform from time to time;

4.15

are an Indian resident;

4.16

are solely and entirely responsible for any activity, including any act or omission, that occurs on or through Your Account (if created). This includes the responsibility of providing correct, valid, complete, accurate and up-to-date User Information at the time of registering an Account and at any time required thereafter and ensuring that the User Information is provided, maintained, and updated regularly as and when necessary, in accordance with the Terms. This includes the responsibility to maintain control over, and security of, Your Account, such as by not disclosing Your User ID, not sharing Your Account, or allowing anyone other than Yourself to access Your Account and avail Services accessible under Your Account; and

4.17

are qualified to register an Account (where applicable), access, and use the Platform and Services and meet all requirements under these Terms read together with the Agreement published on the Platform (as may be updated from time to time).

4.18

We are not obliged to verify the User Information, the identity or authority of a person using Your Account (if created) or User Credentials (where applicable), but We may, in Our sole and absolute discretion, at any time request Users for any information as We may require for verification of the identity of the User or to verify that the User is using the Platform / availing the Services in conformity with these Terms. If We have reason to suspect that any Minor or any other User is making use of the Platform in a manner not permitted in these Terms, We reserve the right to request further information from the relevant User under suspicion for the purpose of verification that such User and the User’s Account (if created) is compliant with the Terms, in the manner mentioned herein at Our sole discretion. If We find that a relevant User is not in compliance with the Terms in any way, We further reserve the right to take suitable action against such User in the manner mentioned herein as We may deem fit at Our sole discretion. We take no responsibility in case any User does not provide their accurate Credentials or User Information for accessing the Services or Platform.

5. User Obligations and Responsibilities

5.1

Each User acknowledges and accepts that if the relevant User provides any information that is untrue, inaccurate, not current or incomplete as part of the User Information, and/or We have reasonable grounds to suspect that any information provided by the relevant User is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We have the right, at Our sole discretion, to (i) request You to promptly update or correct such User Information; and/or (ii) immediately and indefinitely suspend Your Account (if created), block Your access to the Platform, terminate and/or delete Your Account (if created) and/or refuse to provide any current or future Services to You, as may be offered on the Platform. If We are not satisfied with such verification or discover any non-compliance by a User, (such as User operating multiple accounts) We reserve the right to take suitable action against the User in accordance with these Terms, including but not limited to refusing the registration of an Account (as applicable) by such User, or cancelling such User’s access, or taking suitable legal action under the Applicable Law, in its sole discretion.

5.2

Where You opt to create an Account with Us, You are solely responsible for security of Your Account, and ensuring that Your Credentials are not compromised, shared with anyone, or mishandled. Any loss resulting from the unauthorized use of Your Credentials is Your responsibility alone. If You suspect that an unauthorized person has become aware of Your User Credentials, You must change Your User Credentials forthwith and immediately contact Us for assistance. You are further responsible for ensuring Your compliance under the Terms or any other applicable Agreement of the Platform, including maintaining the security and confidentiality of Your Account (if created) and User Information, and Your activity on the Platform, including all and any activities that take place in, or occur under, or are associated with Your Account (as applicable), and any consequences thereof. User(s) acknowledge and accept that the Account/Services shall not be used for any purposes which are prohibited under the Applicable Law, the Terms, or any other applicable Agreement of the Platform. We shall not be liable for any repercussions, legal or otherwise, including loss or damage arising from a User(s) failure to comply with the same. We shall not be responsible for any unauthorized use of Your Account (if created) in any manner whatsoever.

5.3

You agree that You shall not upload or share any information or content on the Platform and/or through use of Our Services that:

5.4

belongs to another person and to which the User does not have any right to under the Applicable Law;

5.5

is false, misleading, fraudulent, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent with or contrary to the laws in force;

5.6

is harmful or has a detrimental effect upon children / Minors in any way;

5.7

infringes any patent, trademark, copyright or other intellectual property and proprietary rights of any natural or legal person under the Applicable Law;

5.8

deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature, or, which in respect of any business of the Indian Government, is identified as fake or false or misleading;

5.9

impersonate another person or use an anonymous proxy;

5.10

threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign nations, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nations;

5.11

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

5.12

is in the nature of an online game which is subject to prohibition under prevailing Applicable Law or order of any competent authorities in India or is in the nature of advertisement or surrogate advertisement or promotion of such an online game or of any online gaming platform offering such an online game; and/or

5.13

violates any law for the time being in force or may give rise to any liability on the part of the Proprietor or cause Us any hindrance (in whole or in part).

5.14

We do not publish and We do not permit Our Users to upload (for publication) any unlawful information or content which is prohibited under these Terms or Agreement or any law for the time being in force, including any content which is or is likely to be perceived as being harmful to interest of sovereignty and integrity of any country, security of India, friendly relations with foreign states, public order, decency or morality, amounts to contempt of court, defamation, incitement to an offence etc. Upon actual knowledge that any such information or content has been provided on the Platform, We shall have the right to promptly remove the same. Further, in such case and in any other case of any violation of these Terms, We have the right to take appropriate action against the User at Our discretion in accordance with the law. You shall be given reasonable and adequate opportunity to dispute the action being taken by addressing Your requests and complaints to Our Grievance Officer in accordance with Our grievance redressal mechanism (detailed hereinafter).

6. General Disclaimers

6.1

The Services may involve gameplay against automated or computer-controlled opponents (“Bots”) and You understand that Bots are programmed to simulate gameplay and do not represent real players. While We implement reasonable measures to ensure fair and balanced gameplay, You acknowledge and agree that Bot behavior and their corresponding difficulty levels are algorithmically generated and may vary accordingly. To the maximum extent permitted under Applicable Law, We shall have no liability in relation to Bot behavior including through Your engagement with it during the gameplay.

6.2

We reserve the right to add, amend or discontinue, temporarily or permanently, any of Our Services (or any part thereof) offered through the Platform or the design and functionality of the Platform, at any time, with or without notice and/or for reason(s) in Our sole and absolute discretion. Users agree that We shall not be liable either to User or to any third party for any modification, suspension or discontinuance of any of the Services or participation in the Services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.

6.3

You acknowledge and accept that despite Our efforts, the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Platform and/or Services may operate slowly from time to time. You further acknowledge and accept that due to circumstances, within and outside Our control, access to the Platform and/or Services may be interrupted, suspended, or terminated from time to time. In particular, and not in limitation of the foregoing, We shall not be liable for the effects any delay or unavailability of the Platform and/or Services may have on You and/or Your Account (if created), or for any damages arising from any such interruption, suspension, or termination of the Platform/ Services. We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect Your computer or other equipment, or any phishing, spoofing, or other attack and We advise You to make regular use of a reliable virus and malware screening and prevention software to guard against the same.

6.4

You agree and acknowledge that the Platform and Services is licensed and/or provided hereunder on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, the implied conditions and warranties of fitness for a particular purpose to the extent permitted by the Applicable Law. Except as explicitly set forth herein, neither We nor Our authorized representatives (including agents, permitted successors and assigns (‘Representatives’) make any warranties of any kind, either expressed or implied, including, without limitation: warranties of merchantability or fitness for a particular purpose related to the use of Platform and/or Services; or that the same are accurate, error-free, reliable, uninterrupted, that defects will be corrected; or the completeness, accuracy, availability, timeliness, security or reliability of the Platform and/or Services or the functionality of thereof, or other use or consequence of the use of Platform and/or Services.

6.5

We will not be liable for or responsible for the consequences of any transactions made or entered into by You with other Users of the Platform. We are not responsible for Your actions or omissions (whether online or offline) in relation to the Platform and Services and/or Us. We are not responsible for services and features offered by others, even if You access them through the Services. Our responsibility for anything that happens on Our Platform is strictly governed by the Applicable Law and is limited to that extent. You agree that We will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if We know they are possible. This includes when We delete/ remove Your access, content, information, or Account (if created).

7. Suspension/Cancellation of User Account or Service Access

7.1

We reserve the right to immediately disable or terminate or cancel Your Account (if created), or suspend Your access to the Platform and/or Services at any time, with or without notice to You, in Our sole and absolute discretion, in case of Your contravention or violation of these Terms and the Agreement; or Your illegal acts or omissions; or misuse of the Services or Platform; or to protect You and others from identity theft or other fraudulent or illegal activity under the Applicable Law, or if We are unable to continue providing the Services to You due to legal, technical or legitimate business reasons. In the event, Your access is disabled or Your Account is deleted by Us due to a violation of the Terms, applicable Agreement, and/or the Applicable Law, We reserve the right to take action against You and any other remedies We may have under the Terms, Agreement and Applicable Law. You represent to Us that You access Our Platform solely for the purpose of playing the Games offered through Our Services in accordance with the Agreement, and the Services shall not be used to commit any unlawful or prohibited activity. If We in Our sole discretion deem that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Platform, including without limitation any kind of game manipulation, We may after conducting due investigation, terminate Your access/Account (if created) and/or take appropriate legal action against the User under Applicable Law.

7.2

You may opt to de-activate, cancel, or terminate Your Account (if created) with Us and/or Your use of any Services by contacting us at the following support@zeemist.com in accordance with these Terms.

7.3

You acknowledge and accept that upon termination of Your Account (if created) ) or suspension or termination of Your access to the Platform or Services for any reason, Your agreement with Us shall be terminated, and You shall no longer be entitled to access Your Account or avail Services. You agree and acknowledge that Your rights in respect of the Services, and other benefits, associated with the Account (if created) or use of the Service may be irrevocably lost and agree that You will release Us of any liability of any nature in respect to the loss of the same. You further acknowledge and accept that in the event of termination of these Terms in any manner or suspension or termination of Your access to the Platform and/or the Services, or deactivation or cancellation of Your Account (if created), You shall remain liable for all activity conducted by You including with or in connection with Your Account (where applicable) and for all amounts due/charges incurred by Your Account (if created) while it was in operation at all times. The obligations and liabilities incurred by You prior to the termination/ withdrawal of access, shall survive termination of Your access and/or Account (if created) and agreement with Us.

8. Marketing and Promotion

We may send You promotional or marketing information from time to time, or any new Services and additional features added to the Platform, special offers for User(s), and other information which may be of interest to You. By agreeing to these Terms and by accessing the Platform, You hereby give Your consent to being sent such information by Us, including by notifications, post and email(s). If You do not wish to receive such information, You can request to opt-out of such marketing communication sent by Us by contacting Us through the following e-mail address: support@zeemist.com or updating Your marketing preferences using applicable facilities as may be provided on the Platform, provided You understand and acknowledge that this may impede the delivery of Our Services, and We shall not be liable if delivery of Services is so affected or obstructed.

You understand that the Platform may display promoted or sponsored content, either directly or via links to third-party websites or resources. We do not guarantee, endorse, or take responsibility for any such content, and any interaction with such content is at Your own risk. Additionally, We may use recordings or other content from the gameplay on the Platform for Our corporate, promotional, or marketing purposes. By using the Platform, You acknowledge, agree, and consent to Our right to use such content in this manner.

9. Intellectual Property

9.1

Unless expressly provided or disclaimed otherwise in these Terms or any applicable Agreement or under any other disclaimer published on the Platform, all material and content on the Platform including without limitation, the Games and ancillary texts, software, code, scripts, graphics, rights in get-ups, typographic typefaces, graphic user interface, photos, collages, sounds, music, audio, videos, interactive content, and the like, online databases, copyright, patents, related rights and moral rights, trademarks, trade names, product names, service marks, logos, rights in domain names, social media handles, rights in the design, rights in the information and all other or equivalent rights subsisting now or in future in any part of the world in each case, whether registered or unregistered, and all applications for the same (collectively ‘Intellectual Property’), are owned by or licensed to Us and are provided to You on an “as is” basis for Your information and use only for the purpose of rendering Services mentioned herein. Nothing in the Terms assigns, transfers or grants You ownership in Our Intellectual Property. and nothing in these Terms shall be deemed to confer ownership or other rights in such Intellectual Property to the User.

9.2

You shall not use any device, program, algorithm or methodology, or any manual or digital process, to access, acquire, copy or monitor any portion of the Platform or any content, such as the Intellectual Property on the Platform to which You have no rights, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any such content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. You shall not directly or indirectly copy, reproduce, sell, distribute, exploit, or use all or any part of the Platform and/or Services whether electronically, mechanically, or otherwise, in any form for any purpose not expressly permitted by the provisions of these Terms, including any attempt to violate the security thereof. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Platform / Services, including any of the software comprising or in any way making up a part of the same.

9.3

All rights and interest in Intellectual Property comprised in Platform and Services are and will remain the exclusive property of Us and Our licensors (as may be applicable). You acknowledge and agree that all worldwide rights, title, and interest in any third-party software, products, and/or services (and any Intellectual Property Rights therein) are accessible on the Platform or through the Services, subject to third party licenses, if any, are owned by such third parties. Any copying or reproduction of these materials for commercial purposes without Our consent is prohibited. Any use for which You receive any remuneration, whether monetarily or otherwise, is construed as commercial use for the purpose of this clause and We shall hold You accountable for the infringement of intellectual property rights under Applicable Law.

10. Indemnification

10.1

To the extent permitted by the Applicable Law, We shall not be liable to You for any manner of damages or losses to You, and in relation, to any person(s) or property (including special, incidental, indirect, punitive, or consequential damages or losses) including, but not limited to, lost profits or data, whether based in contract, negligence, tort, Applicable Law, arising directly or indirectly in relation to the Terms, Agreement, the Platform and Services (and any related activities, omissions, interruptions, deletions or defects in the same including any action in connection with an investigation by Us or law enforcement authorities in relation to the use of the Platform and/or Services) in accordance with these Terms, even if advised of the possibility of such damages.

10.2

You agree to indemnify, defend and hold Us harmless from and against any claims (including any claims based on defamation, or invasion of privacy), proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Platform and Services; (ii) any breach by You of Your obligations, representations, and/or warranties outlined in these Terms, Agreement (iii) Your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) Your negligence or willful misconduct or any of Your actions and omissions including Your use or attempted use of the Platform and its Services, or failure to take appropriate action where relevant while using the Services and Platform. It is clarified that Your obligation to indemnify Us will survive termination of the Terms, Agreement and Your access and Account (if created) for any reason, in the manner mentioned in these Terms.

10.3

You hereby agree and acknowledge that We shall not be responsible for any actions taken by any third party using the Platform including but not limited to, actions, omissions, or conduct of such third parties (including the Business Partners and other Users), online or offline. You acknowledge and agree that any disputes, complaints or grievances regarding the actions and omissions of such third parties and/or any other aspect of any transaction or other commercial dealings between You and such third party will be solely and entirely between You and the relevant third party.

11. Dispute Resolution

The courts of competent jurisdiction at Hanumangarh, Rajasthan, India (‘Court(s)’) shall have exclusive jurisdiction to determine any and all matter(s), claim(s) or dispute(s), whether contractual or non-contractual arising out of, or in connection with, the Terms, Agreement, the Platform and Services provided by Us (‘Dispute(s)’) including in relation to the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the User or Us, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any Dispute referred to arbitration in the manner mentioned herein. All Disputes shall be governed and construed by the Courts in accordance with the Applicable Law. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification(‘Notification’) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event the parties are unable to resolve the dispute within thirty (30) days of receipt of Notification, then the dispute shall be settled by arbitration. The place of arbitration shall be Hanumangarh, Rajasthan, India (‘Venue’). All arbitration proceedings shall be presided by a sole arbitrator appointed by Us and conducted in English language in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the Rules made thereunder, as amended from time to time. The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. Nothing contained in these terms shall prevent from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Our interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on Our part to pursue any remedy for monetary damages through the arbitration described herein. You consent to the exclusive jurisdiction of the Courts and the Venue and waive any objection as to inconvenient forum.

12. General

12.1

The Terms read along with applicable Agreement (including the Privacy Policy) constitute the entire agreement between You and Us in respect of the subject matter herein and supersedes all previous written or oral representations, agreements, and understandings, whether expressed or implied, with respect to such subject matter.

12.2

Each of the provisions of the Terms is severable. If any provision of these Terms (or part of a provision) is found by a governmental authority or court to be invalid, unenforceable, or illegal, that provision will be enforced to the maximum extent permissible under the Applicable Law and the other provisions of the Terms will remain in full force and effect. If any invalid, unenforceable or illegal provision would be valid, enforceable, or legal if some part of it were deleted or modified, the provision will apply with whatever modification is necessary to give effect to the intention of provisions in these Terms.

12.3

You shall not, without Our prior written consent, assign the provisions of these Terms, in whole or in part, either voluntarily or by operation of Applicable Law, and any attempt to do so will be a material default of these Terms and such assignment will be void. We may assign the provisions of these Terms in part or in their entirety, including Our rights, interests, and obligations hereunder, without notice to You or Your consent. The provisions of these Terms are solely for the benefit of You and Us, Our successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

12.4

No failure or delay by Us in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by Us of any breach of any provision of these Terms or Agreement shall be deemed to be a waiver of any subsequent breach of that or any other provision of these Terms or Agreement. If We fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending Your access to the Services or Account (if created), such failure to enforce Our rights will not be a waiver by Us.

12.5

We shall not be liable for damages for any delay or failure to perform Our obligations hereunder, if such delay or failure is due to causes which are unforeseen or beyond Our control, including, without limitation, internet attacks, emergencies, internet unavailability, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency, acts or omissions of carriers, transmitters, providers, or acts of vandals, or hackers. etc. The time for performance of such obligations by Us will be extended for the period of the delay or failure to perform due to such occurrence. We shall use reasonable endeavors to overcome the effects of any such causes and to ensure resumption of normal performance of obligations as soon as reasonably practicable, however, it is clarified that We are not responsible for losses that were not foreseeable to You and the Proprietor when these Terms were entered into.

12.6

Any provisions in the Terms or Agreement which are expressly referred to as surviving or intended to survive by their nature will survive the termination of Your access and Account (if created) and relationship with Us for any reason.

12.7

You shall be responsible for provide such further information, documents or instruments, and take such further actions, reasonably requested by Us to effect the purposes of these Terms and carry out its provisions.

13. Grievance Redressal

13.1

If any User or aggrieved person (including persons acting on their behalf) has any complaint or grievance in respect of any Services provided on the Platform or any breach of Our Terms, Privacy Policy or any other policy (‘Grievance’) the same can further be addressed to Our designated grievance officer, the name and contact details of whom are published on Our Platform (‘Grievance Officer’) viz.

Name: Prince Kumar

Contact: support@zeemist.com

13.2

A Grievance may also be shared to the Grievance Officer in writing at the following address:

Prince Kumar, 99A Nai Dhan Mandi, Hanumangarh Town, Rajasthan – 335513

13.3

Our Grievance Officer is the nodal contact to receive and acknowledge all complaints as well as receive and acknowledge any order, notice or direction of a court, the government, or its agency. The Company shall not be responsible in the event that You address any communication to any non-designated person in this regard. Any Grievances received under this paragraph shall be dealt with in adherence to the timelines specified under the Information Technology Act, 2000 and the applicable rules notified thereunder.

13.4

Any Feedback and/or Grievance shall be deemed to be non-compensatory in nature. We reserve the right, at its sole discretion, to use such information in any manner as may be deemed appropriate by Us and such use shall be entirely unrestricted. You represent and warrant that while sharing any Feedback or Grievance for the Platforms, You shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language in respect of such Feedback and / or Grievance and that any Feedback / Grievance will be shared by You in accordance with these Terms and the Applicable Law.