Terms of Service & End User License Agreement

WinITGames Studios ("WinITGames", "we", "us", or "our")

Effective Date: 1 June 2026

We, WinITGames Studios, a studio established under the laws of India, with registered address at WinITGames Studios, Mumbai, Maharashtra, India 400 001 ("WinITGames", "we", "us", or "our"), are a developer and publisher of games and mobile game applications that are made available via app stores including the Apple App Store and Google Play Store (our "Games"). These Terms of Service, together with our End User License Agreement (collectively, the "Terms" or this "Agreement"), govern your access to and use of the Games and our related applications, websites, and services (together, the "Services"), including all current and future titles we publish under the WinITGames brand.

As a precondition to using the Services, you must agree to this Agreement. By using or otherwise accessing the Services, you agree to this Agreement and to our Privacy Policy. If you do not agree, you may not use or otherwise access the Services. Please read this Agreement and the Privacy Policy carefully before you download, access, or use the Services.

Unless otherwise specified, the Services are free to download and use but may contain features that allow you to make purchases within the Services. Each time you download one of our Games, a new agreement on these Terms is concluded for that Game. App stores and platforms may also apply their own terms to your relationship with them.

By using the Services, you represent that you are at least the age of majority in your country (18 in India) and can form a binding contract, or that your parent or legal guardian has reviewed and accepted this Agreement on your behalf and supervises your use. Some titles are directed to children, and we handle children's information as described in §2 and in our Privacy Policy. We may require adequate proof of your identity and age, and parental consent where applicable, at any time. Any commercial use of our Games is not permitted; the Services are for your personal use.

1. Acceptance of Terms

By creating an account, downloading, installing, or using any Service, you confirm that you can form a binding contract, that you accept these Terms, and that you will comply with them and all applicable laws. If you use the Services on behalf of a minor (see §2), you accept these Terms on the minor's behalf and are responsible for their use.

2. Age, Minors & Parental Consent

Under Indian law, a contract with a minor is not enforceable against the minor. Accordingly, you must be at least the age of majority in your country (18 in India) to agree to these Terms in your own name. A child may use a Service only where a parent or legal guardian agrees to these Terms, supervises the child's use, and provides any consent required by law.

Some titles are directed to children and some are general-audience. We handle children's personal information in accordance with the Children's Privacy section of our Privacy Policy, including verifiable parental consent under COPPA, neutral age screening, contextual-only advertising, and a parental gate for any in-app purchases in child-directed titles. Parents and guardians are responsible for monitoring their child's use of the Services and any purchases made on their device.

3. License & Restrictions

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Services on a device you own or control, solely for your personal, non-commercial entertainment. We reserve all rights not expressly granted.

You agree that you will not, and will not permit anyone to:

• copy, modify, translate, or create derivative works of the Services, except as permitted by law;
• reverse engineer, decompile, or disassemble any part of the Services, except to the limited extent applicable law expressly permits despite this limitation;
• rent, lease, lend, sell, sublicense, distribute, or otherwise commercially exploit the Services;
• use cheats, bots, automation, exploits, hacks, modified clients, or unauthorized third-party software to gain an advantage or to disrupt the Services;
• circumvent, disable, or interfere with advertising, security, payment, or technical-protection features;
• remove or alter any proprietary notices; or
• use the Services for any unlawful, infringing, harmful, or fraudulent purpose.

4. Accounts & Security

Some Services let you create an account or sign in with a third-party provider (e.g. Apple, Google, or Facebook). You agree to provide accurate information, to keep your credentials confidential, and to be responsible for all activity under your account. Notify us promptly of any unauthorized use. You may delete your account at any time as described in the Privacy Policy. We may refuse, suspend, or terminate accounts as described in §14. Where reasonably necessary to operate the Services or to prevent fraud, we may require adequate proof of your identity and age. You are responsible for keeping your credentials secure and must not share, sell, or transfer your account.

5. Virtual Items, Currency & In-App Purchases

The Services may let you purchase or earn virtual currency, virtual goods, upgrades, or other digital content ("Virtual Items"). Virtual Items are licensed, not sold, to you for personal, non-commercial use within the Services only. You acknowledge that:

• Virtual Items have no monetary value, are not your property, and cannot be redeemed for real money or transferred or sold outside the Services;
• we may manage, regulate, modify, or eliminate Virtual Items at any time, with or without notice, and we have no liability for doing so;
• your license to Virtual Items ends when your account is terminated, when a Service is discontinued, or as otherwise stated in these Terms; and
• nothing in these Terms creates any obligation on us to provide a refund for unused Virtual Items, except where required by non-waivable law.

6. Pricing, Taxes & No Refunds

Prices for in-app purchases (IAP) are shown in the app and may change at any time. All payments are processed by the platform operator — Apple (App Store) or Google (Google Play Billing) — not by WinITGames; your purchase is also subject to their terms. Applicable taxes (sales tax, VAT, GST) are calculated and collected by the platform based on your billing location.

No direct refunds. WinITGames does not offer or process refunds directly. Any refund, where available, is handled exclusively by the platform (Apple or Google) under their policies; all purchases are otherwise final. Nothing here limits non-waivable statutory rights you may have under applicable consumer law, which are administered through the platform's refund process. See the Privacy Policy, §10.

6.1 Subscriptions & auto-renewal

Where a Service offers an auto-renewing subscription: it automatically renews at the then-current price for the same period until you cancel; payment is charged to your Apple or Google account at confirmation of purchase and again at each renewal; and you must cancel at least 24 hours before the end of the current period to avoid being charged for the next one. Any free trial not cancelled before it ends will convert to a paid subscription. Deleting the app does not cancel a subscription — you must cancel it in your App Store or Google Play account settings, where you can also manage it at any time.

By purchasing digital content, you ask us to make it available to you immediately. Where the law grants a withdrawal or cooling-off period for digital content, you acknowledge that this right may be lost once delivery or download begins, except where the right is non-waivable.

7. Advertising

Most Services are free and supported by advertising. By using a free Service you agree that we and our advertising partners may serve ads, including contextual and, where you consent or as otherwise permitted, personalized ads. For child-directed titles or users treated as children, we serve only non-personalized, contextual ads. How advertising data is handled — and how to limit ad personalization — is described in the Privacy Policy, §6.

8. Acceptable Use & Prohibited Conduct

You agree to use the Services lawfully and respectfully. You will not: harass, threaten, or abuse others; post or transmit unlawful, infringing, obscene, or harmful content; impersonate any person; collect others' data without authorization; introduce malware; attempt to gain unauthorized access to systems or accounts; or engage in fraud, chargeback abuse, or payment fraud. We may investigate and take action — including content removal, account suspension, and reporting to authorities — for any violation.

9. User-Generated Content

If a Service lets you submit content (e.g. a nickname, message, or custom level), you retain ownership of your content but grant WinITGames a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, adapt, and use that content to operate, promote, and improve the Services. You represent that you have the rights to grant this license and that your content does not violate any law or third-party right. We may remove content that violates these Terms.

Feedback. If you send us suggestions, ideas, or feedback about the Services, you agree they are non-confidential and that we may use them for any purpose without obligation or compensation to you; to the extent permitted by law, you assign to us all rights in such feedback.

No backup obligation. We are not obligated to store, back up, or retain your content or game data, and you are responsible for keeping your own copies of anything important to you.

10. Intellectual Property

The Services, including all games, software, code, graphics, audio, characters, text, and the WinITGames name, logos, and trademarks, are owned by WinITGames or its licensors and are protected by intellectual-property laws. Except for the limited license in §3, these Terms grant you no right, title, or interest in the Services. Third-party SDKs and open-source components are used under their respective licenses; notices are available within the app's "Licenses/Acknowledgements" section or on request.

10.1 Copyright Policy (Notice & Takedown)

We respect intellectual-property rights and respond to clear notices of alleged copyright infringement consistent with the U.S. Digital Millennium Copyright Act (DMCA) and applicable law. If you believe content in the Services infringes your copyright, send a written notice to winitgames18@gmail.com with the subject "Copyright Notice" containing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and where it is located; (d) your contact details; (e) a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf. We may remove allegedly infringing material, notify the affected user (who may submit a counter-notice), and terminate the accounts of repeat infringers.

11. Third-Party Services & Links

The Services rely on and may link to third-party services (e.g. platform stores, ad networks, analytics, sign-in providers). We do not control and are not responsible for third-party services or their terms and privacy practices. Your use of them is governed by their own terms.

Other users. Where a Service includes social, multiplayer, leaderboard, or community features, your interactions with other users are solely between you and them. We are not responsible for, and have no obligation to mediate, disputes between users.

Release. To the fullest extent permitted by law, you release WinITGames and its affiliates from claims, demands, and damages of every kind arising out of or connected with disputes with other users or with third-party services. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

12. Privacy

Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Services, you acknowledge the Privacy Policy.

13. Availability, Updates & Beta Features

We may modify, update, suspend, or discontinue any Service or feature (including Virtual Items and online functionality) at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation. Some features may be offered as beta or experimental and provided "as is." Updates may be required for continued use.

14. Suspension & Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or to protect the Services or other users. On termination, your license to use the Services and any Virtual Items ends, and your account, in-game progress, and other game-related data may be deleted and may not be recoverable. Sections that by their nature should survive (including §§5, 6, 9, 10, 11, 15, 16, 17, 18, and 22) survive termination.

15. Disclaimers

To the fullest extent permitted by law, the Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you, and you may have additional rights under your local law.

16. Limitation of Liability

To the fullest extent permitted by law, WinITGames and its officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to the Services or these Terms. To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Services will not exceed the greater of (a) the amount you paid us (or through the platform for our Services) in the 12 months before the claim arose, or (b) USD 50. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including certain consumer rights. You are solely responsible for any damage to your device or loss of data resulting from your use of the Services, and our suppliers and licensors have no liability to you arising out of the Services.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless WinITGames and its affiliates and partners from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Services, your violation of these Terms, or your violation of any law or third-party right.

18. Governing Law & Dispute Resolution

Please read this section carefully. Where enforceable, it requires disputes to be resolved by arbitration on an individual basis and waives class actions and jury trials. You may opt out of arbitration within 30 days under §18.5.

18.1 Governing law & jurisdiction

These Terms are governed by the laws of India, without regard to conflict-of-laws rules, and the UN Convention on Contracts for the International Sale of Goods does not apply. Subject to the arbitration provisions below, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction, except that mandatory law in your country of residence may allow you to bring proceedings locally.

18.2 Informal resolution first

Before commencing any arbitration or court proceeding, you agree to first contact us at winitgames18@gmail.com with a brief written description of the dispute and your contact details, and to attempt in good faith to resolve it. If it is not resolved within 60 days, either party may proceed as set out below. This informal-resolution step is a precondition to filing.

18.3 Binding arbitration

Any dispute not resolved informally may, at either party's election, be referred to and finally resolved by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, with the seat and venue at Mumbai and proceedings in English. For users resident in the United States, the arbitration may instead be administered by the American Arbitration Association under its Consumer Arbitration Rules where required for enforceability. Judgment on the award may be entered in any court of competent jurisdiction.

18.4 Class-action & jury-trial waiver

To the fullest extent permitted by law, disputes will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action, and you and WinITGames each waive any right to a jury trial. If this waiver is held unenforceable as to a particular claim, that claim (and only that claim) shall be severed and proceed in a court of competent jurisdiction.

18.5 30-day right to opt out of arbitration

You may opt out of §§18.3–18.4 (arbitration and the class/jury waiver) by emailing winitgames18@gmail.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms, stating your name and the account or email you use. Opting out will not affect any other part of these Terms.

18.6 Exceptions

Nothing in this section prevents either party from seeking interim or injunctive relief from a court or from bringing an individual claim in small-claims court, and nothing limits any non-waivable consumer rights you have under the Consumer Protection Act, 2019 or other mandatory local law.

19. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will revise the Effective Date above and, where appropriate, provide additional notice. Your continued use of the Services after the changes take effect constitutes acceptance. If you do not agree, stop using the Services.

20. Apple App Store — Additional Terms

The following applies to Services obtained through the Apple App Store:

• These Terms are between you and WinITGames only, and not with Apple. Apple is not responsible for the Services or their content.
• Apple has no obligation to furnish any maintenance or support for the Services.
• In the event of any failure of a Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for that app; to the maximum extent permitted by law, Apple has no other warranty obligation.
• Apple is not responsible for addressing any claims by you or a third party relating to the Services, including product-liability, regulatory, or intellectual-property claims.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

21. Google Play — Additional Terms

Services obtained through Google Play are also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the Services. Purchases and refunds made through Google Play are handled by Google under its policies.

22. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver.
• Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Language. These Terms are drafted in English, which governs in case of any translation conflict.
• Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.
• No reliance on staff statements. No statement by our employees modifies these Terms, and you may not rely on any such statement as a waiver or authorization.

22.1 U.S. State Notices

• California (Civil Code §1789.3). California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
• New Jersey. If you are a New Jersey resident, any provision of these Terms that is unenforceable against consumers under New Jersey law (including certain limitations of liability, indemnities, and waivers) does not apply to you; the remainder of these Terms continues to apply.

23. Contact

WinITGames Studios
Email: winitgames18@gmail.com
Registered address: WinITGames Studios, Mumbai, Maharashtra, India 400 001