Terms and Conditions for AAG App

Terms and Conditions for AAG App

We, at AAG APP (AAG, we, our, us), provide an online platform, which hosts skill-based games to be played casually, or for real money, content, and related solutions (Services), via our mobile application, titled “AAG” (Platform, this shall be included in the definition of “Services”) to end users (Users, you, your). These Terms of Use (Terms) are legally binding and must be read in conjunction with the Privacy Policy (https://www.aagapp.com/privacy-policy), both of which shall form a legally binding agreement.

By accessing, downloading, or using these Services, you agree to be bound by these Terms.

You are requested to carefully read these Terms from time to time before using the Platform or participating in a contest. You should check these Terms periodically for changes. Users acknowledge and accept that they may be subject to receiving periodic communications, in relation to their obligation to comply with the terms. Your continued use of the Platform and the Services shall be deemed to be effective and valid consent.

1. Acceptance of Terms
By accessing or using the AAG App, you agree to be bound by these Terms and Conditions, as well as any other rules or guidelines that may be applicable to specific services or features offered through the AAG App. If you do not agree with any part of these Terms, you must not use the AAG App.

2. Eligibility
   Participation in any game or feature on the AAG App is only open to users who are 18 years of age or older and residents of India. You must comply with all local laws and regulations regarding the use of online gaming services. Any breach of these terms may result in the suspension or termination of your account.
3. Game of Skill

• The games hosted on the Platform, and made available to you, are all games of skill. While each game may feature a different level of skill element, and the threshold may vary, AAG may employ a normalization metric to pool players across games for hosting a contest. AAG may also record and publish user’s performance(s) from time to time for the purposes of research, offering games for free to play, promoting responsible gaming, facilitation of game plays, skill-determination for game of skill, computation of skill level of users, etc. Each Contest will be governed by the skill set you demonstrate to play and achieve the outcome. Games of skills under the laws of the country, are allowed to be played for real money, barring certain prohibitions, restricted across certain states, where we disallow you from accessing our Services, either in part or in full.
• Supreme Court of India in the case of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has defined games of skill in this manner: “A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated is one in which success depends principally upon the superior knowledge, training attention, experience and adroitness of the player. Golf, chess and even Rummy are considered to be games of skill. The Courts have reasoned that there are few games, if any, which consists purely of chance or skill, and as such games of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is the dominant element – “skill” or “chance” – which determines the character of the game”.

4. Account Registration
   Users must register for an account on the AAG App to participate in games and access certain features. During registration, you will be required to provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
5. User Conduct
   Users must not use the AAG App for any unlawful purpose or in any way that could damage, disable, overburden, or impair the App. You agree not to engage in any behavior that may harm other users, including harassment, fraud, or the dissemination of harmful content.
6. Game Rules
   Each game hosted on the AAG App has its own specific rules and guidelines, which must be followed by all participants. Users who violate the rules of a game may be disqualified and may have their accounts suspended or terminated.
7. Real Money and Game Money
   The AAG App allows users to participate in games using either real money or game money. Real money participation may involve the deposit of funds into your account, which can be used to join games, participate in leagues, or enter tournaments. Winnings can be withdrawn subject to the AAG App’s withdrawal policies and any applicable taxes.
8. Leagues and Tournaments
   The AAG App may host leagues and tournaments with specific entry fees, rules, and prize structures. By entering a league or tournament, you agree to abide by all applicable rules and terms. Failure to comply may result in disqualification.
9. Fees and Charges
   The AAG App may charge fees for certain services, such as participation in paid games, tournaments, or other features. These fees are non-refundable and are subject to change at the discretion of AAG App.
10. Bonus and Promotions
    AAG App may offer bonuses, discounts, or other promotional incentives to users. Such bonuses are subject to specific terms and must be used within the designated time frame. Bonuses cannot be withdrawn as cash and may only be used within the AAG App.
11. Fair Play and Anti-Cheating
    AAG App is committed to ensuring fair play for all users. Any form of cheating, hacking, or unauthorized use of third-party software is strictly prohibited and may result in the suspension or termination of your account and forfeiture of any winnings.
12. User-Generated Content
    By submitting any content on or through the AAG App, you grant AAG Games a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, and distribute such content for any purpose. You represent that you have the necessary rights to grant this license.
13. Privacy and Data Protection
    AAG Games is committed to protecting your privacy and will only collect, use, and share your information as described in our Privacy Policy. By using the AAG App, you consent to the collection and use of your information in accordance with this policy.
14. Limitation of Liability
    AAG Games is not responsible for any loss or damage arising from your use of the AAG App or participation in any games, leagues, or tournaments. This includes, but is not limited to, any loss of data, profits, or reputation.
15. Dispute Resolution
    In the event of a dispute between you and AAG Games, we encourage you to first contact our customer support team to seek a resolution. If a resolution cannot be reached, the dispute may be resolved through arbitration in accordance with the laws of India.
16. Termination of Account
    AAG Games reserves the right to suspend or terminate your account at any time, without notice, if you violate these Terms and Conditions or engage in any conduct that AAG Games deems harmful to the AAG App or its users.
17. Modification of Terms
    AAG Games reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the AAG App. Your continued use of the AAG App following any such changes constitutes your acceptance of the new Terms.
18. Indemnification
    You agree to indemnify and hold harmless AAG Games, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, or expenses arising out of your use of the AAG App or any violation of these Terms.
19. Refund Policy
    All transactions on the AAG App, including deposits and withdrawals, are final and non-refundable. AAG Games may, at its discretion, issue refunds in certain exceptional cases, subject to applicable cancellation fees.
20. Force Majeure
    AAG Games will not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including natural disasters, acts of war, or government actions.
21. Severability
    If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
22. Entire Agreement
    These Terms and Conditions, along with any other policies or guidelines posted on the AAG App, constitute the entire agreement between you and AAG Games regarding your use of the AAG App.
23. Waiver
    The failure of AAG Games to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by AAG Games in writing.
24. Assignment
    You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of AAG Games. AAG Games may assign or transfer its rights and obligations under these Terms without restriction.
25. Promotional Activities
    AAG Games may conduct promotional activities, including contests, giveaways, or other offers. Participation in such activities is voluntary and subject to additional terms and conditions, which will be made available at the time of the promotion.
26. Bonus Points and Rewards
    AAG Games may award bonus points or rewards to users for various activities, such as referrals or participation in certain games. These points are subject to specific terms and must be used within the designated time frame. Bonus points are non-transferable and cannot be withdrawn as cash.
27. Advertisements and Sponsorships
    The AAG App may feature advertisements or sponsorships from third parties. AAG Games does not endorse these advertisers or their products and services and is not responsible for the content of their advertisements or for any loss or damage that may arise from your interaction with them.

Contests, Deals, Levels, and In-App purchases

•   AAG may conduct promotions, including, without limitation, contests, consolation prizes, and level redemptions. Each promotion may have additional Terms and rules that may be applicable, which will be posted or otherwise made available to you, and for purposes of each of these activities, will be deemed to be incorporated into and form a part of these Terms and will be binding on you.
•  Tier Levels – AAG may classify its Users into different Tier/Profile levels as per its discretion and a proprietary algorithm that factors in multiple variables relating to the activity of the users, viz. Number of games played, performance within those games, etc. Such Levels have no monetary value and do not constitute currency or property of any type.
•  Certain parts of the Services may be available to you, only upon payment of a participation amount.
•  AAG reserves the absolute right to determine (i) the format of any contest; (ii) the prize structure; (iii) the selection of winners; and, (iv) the manner of disbursal of rewards, gifts, and deal redemptions.
•  29. AAG makes no assurance and will have no liability with respect to the quality of the product(s), rewards, gifts, deal redemptions, logistics and handling procedures, or unforeseen costs or unfavorable constraints that may surface when a User claims rewards.
• 30. If AAG charges its Users a Platform Fee for its Services, AAG may repay such Platform Fee if there is any negligence or deficiency on the part of AAG or deliberate breach of these Terms, but not if a User’s account is suspended or removed on account of:
   i.  Any breach or inadequate performance by the User of any of these Terms and Conditions; or,  
  ii.  Any circumstances beyond AAG’s reasonable control.
• 31.  AAG may send communications like announcements, and administrative messages, or promote and market its Services, via text message (SMS) or other media, on contact channels submitted by a User to create their account or use the Services, as per its Privacy Policy.

Third-Party Sites, Services, and Products

32. The AAG App may contain links to websites or resources operated by third parties. These links are provided for convenience and do not imply any endorsement by AAG Games of such websites, resources, content, products, or services. Users’ interactions with such third parties, including payment providers, verification services, and external platforms like YouTube, are solely between the User and the third party. AAG Games is not responsible for any content or actions on third-party sites and encourages Users to review the terms and conditions, policies, and service terms of these third parties before engaging with them.
33. By using any third-party services integrated into the AAG App, Users agree to be bound by the terms and policies of those third parties, including but not limited to YouTube and Google services. Users are encouraged to review the YouTube terms at YouTube Terms and the Google Privacy Policy at Google Privacy Policy. Additionally, users can manage their interactions with their Google account through Google Permissions.

Intellectual Property

34. All copyright, trademarks, and other intellectual property rights related to the Services provided by AAG Games are either owned by or licensed to AAG Games.
35. By submitting any content through the AAG App, Users grant AAG Games a worldwide, non-exclusive, royalty-free license with the right to sublicense. This license allows AAG Games to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and create derivative works of such content in any media now known or later developed.
36. Users expressly authorize AAG Games to use their name, username, likeness, image, profile image, details of their winnings, and any other materials derived from the Services globally and in perpetuity. This usage may be for providing Services, featuring on the Service, or for promotional and marketing activities by AAG Games on the Service, social media platforms, or other media channels.
37. Users must not copy, distribute, make available to the public, or create derivative works from any content available on the AAG App. AAG Games respects the intellectual property rights of others and expects the same from its Users. If any User or third party believes their content has been infringed, they may contact AAG Games with the necessary information for a claim, including identification of the work, the infringing material, and contact details.
38. All rights, titles, and interests in the Services remain the exclusive property of AAG Games and/or its licensors. The Services are protected by copyright, trademark, and other intellectual property laws. Users are not granted any rights to use the AAG Games name, trademarks, logos, domain names, or other brand features without prior written consent from AAG Games.

Tax & TDS Policy

39. In compliance with applicable tax laws, deposits made by Users on the AAG App will be subject to GST at the prescribed rate. Users agree that the deposited amount will be inclusive of GST and adjusted for any discounts. GST calculations will follow the standard formulas based on applicable tax rates. GST amounts are non-refundable for withdrawals.
40. Users are responsible for any other applicable taxes, levies, or duties.
41. AAG Games will deduct TDS on Users’ net winnings as per the Income Tax Act, 1961. The TDS rate will be as prescribed under the relevant Finance Act. Users must provide a valid PAN for TDS deductions and filing. Without a valid PAN, AAG Games will deduct TDS at the highest applicable rate and may restrict credit or withdrawal of amounts until the PAN is provided.
42. In the case of winnings in kind, TDS will be calculated on the prize’s value, and the User must pay the TDS within 24 hours to claim their prize. Failure to do so will result in the expiration of the winning.
43. AAG Games reserves the right to modify the TDS policy in case of changes in applicable laws and to apply the relevant provisions at the time of withdrawal.

Payment Terms

44. Users agree to the following payment terms for transactions on the AAG App:
    i. All amounts deposited after GST deduction are held to facilitate gameplay until winners are determined, with pre-disclosed Platform Fees applied.
    ii. Users contribute to the Prize Money Pool, which is distributed to winners after contests. AAG Games acts only as an intermediary for collecting and distributing these funds.
    iii. Users have three categories of accounts: an ‘Unplayed’ Account, a ‘Winnings’ Account, and a ‘Bonus’ Account. Amounts in these accounts are non-transferable between categories or to third parties.
    iv. Users may withdraw from their ‘Unplayed’ and ‘Winnings’ Accounts following verification procedures, including PAN submission, Aadhaar verification, and geolocation verification.
    v. Withdrawals from the ‘Unplayed’ Account will be subject to a processing fee and applicable taxes. Any bonuses or discounts will be adjusted or forfeited upon withdrawal.
    vi. Bonuses credited to Users’ accounts are valid for up to 14 days and will lapse afterward. Bonuses are not withdrawable or transferable and are subject to the limitations and restrictions set by AAG Games.
    vii. Transactions on the AAG App are final upon confirmation, with no cancellation permissible. In exceptional circumstances, AAG Games may offer a refund after deducting applicable charges.
    viii. Users acknowledge that transactions may take up to 24 hours to process and agree not to hold AAG Games responsible for delays.
    ix. Invoices will be issued post-October 1, 2023, for deposits made by Users, available upon request for 30 days following the transaction.

45. Participation in any promotion on the AAG App is voluntary and subject to specific terms and conditions, including compliance with AAG Games’ Privacy Policy. Promotions are open only to Users in India, and participation by proxy is not allowed.

46. General Terms

• These terms and conditions (“Terms”) apply to the use of the AAG App, a social gaming platform by AAG Games. By accessing or using the AAG App, users agree to comply with these Terms.
• AAG Games reserves the right to modify these Terms at any time. Users are advised to review the Terms regularly to stay informed of any changes.
• Users must be at least 18 years old to use the AAG App. By using the platform, users confirm that they meet this age requirement.

47. Participation in Promotions

• Participation in any promotion on the AAG App is voluntary and subject to compliance with the specific promotion terms and these Terms.
• Promotions are only available to users located in India. Users who participate by proxy or through multiple accounts will be disqualified.
• Verification of the user’s mobile number and account details may be required to participate in promotions.
• AAG Games reserves the right to disqualify any user who engages in illegal, unlawful, or improper conduct related to promotions.
• Bonus amounts or free entries awarded through promotions must be used within 14 days of credit. Unused bonus amounts will expire and be forfeited.
• AAG Games may change or substitute the bonus amounts or free entries at its discretion, without prior notice.

48. Invite Friends Program

• Users can invite friends to join the AAG App through a unique referral link or code. Both the inviter and invitee may earn a bonus if the invitee successfully registers and verifies their account within 30 days.
• Inviting existing users of the AAG App is not allowed, and attempts to do so may result in disqualification from the program.
• AAG Games reserves the right to withhold or forfeit any bonus amounts if users violate the program’s terms or engage in improper conduct.

49. Limitations of Liability

• The AAG App is provided on an “AS IS” and “AS AVAILABLE” basis. AAG Games makes no warranties regarding the completeness, accuracy, availability, or security of the app and its services.
• AAG Games is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data arising from the use of the AAG App.
• Users are responsible for any legal consequences arising from their use of the AAG App. AAG Games disclaims liability for any actions taken by users in violation of applicable laws.

50. Grievance Redressal Mechanism

• AAG Games maintains a three-tier grievance redressal mechanism:
  • Level 1: Users can submit complaints through the in-app support system. AAG Games will acknowledge and attempt to resolve complaints within 24-48 hours.
  • Level 2: If unsatisfied with the initial resolution, users can escalate the complaint to the dedicated Customer Support Team, which will respond within 24-48 hours.
  • Level 3: For unresolved issues, users can contact the Grievance Redressal Officer by email. The officer will investigate and address the complaint as soon as reasonably possible.
• Complaints should include the user’s name, contact details, and a clear description of the issue. Users must report grievances promptly, as delays may hinder resolution.
• AAG Games reserves the right to replace the Grievance Redressal Officer at its discretion, with changes effective immediately upon publication.

51. Governing Law and Jurisdiction

• These Terms are governed by the laws of the Republic of India. Any disputes arising from the use of the AAG App will be subject to the exclusive jurisdiction of the courts of Lucknow, India.

52. Miscellaneous

• Failure by AAG Games to enforce any provision of these Terms does not constitute a waiver of that provision.
• If any part of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.