1.1 This Consolidated Terms and Conditions / Master User Agreement, together with all clauses, schedules, incorporated policies, feature-specific rules, platform notices, and supplemental terms, constitutes the entire contractual framework governing access to and use of the Shunya mobile application, website, connected interfaces, APIs, digital dashboards, creator tools, chat systems, content services, community tools, subscription products, monetised experiences, and every other service or facility made available by or through Shunya on any present or future digital touchpoint of the Platform. 1.2 This Agreement is an electronic record within the meaning of the Information Technology Act, 2000 and the applicable rules framed thereunder. It is generated by a computer system and shall be valid and enforceable without the requirement of a wet signature, digital signature, seal, or any further physical execution. The User acknowledges that electronic acceptance through click-wrap, browse- wrap, scroll-wrap, OTP-based confirmation, payment completion, continued use, or any comparable digital acceptance flow shall have the same legal force and effect as a written agreement executed with informed consent. 1.3 By downloading, installing, accessing, registering on, browsing, subscribing to, purchasing through, clicking “I Agree,” continuing to use, or otherwise interacting with the Platform or any part of the Services, the User expressly acknowledges that the User has had a reasonable opportunity to read this Agreement, has understood the legal consequences of accepting it, and voluntarily agrees to be bound by it in full and without reservation. 1.4 If the User does not agree to any provision of this Agreement, whether in whole or in part, the User must immediately cease all access to and use of the Platform and Services. Continued access or use after actual or constructive notice of this Agreement shall constitute deemed acceptance of the Agreement as then in force. 1.5 Access to the Platform is conditional, limited, revocable, non-exclusive, and subject at all times to ongoing compliance with this Agreement, applicable law, platform policies, technical safeguards, and any additional controls or verification measures that Shunya may impose in its discretion for legal, safety, anti-fraud, commercial, or reputational reasons.
2.1 The Privacy Policy, Subscription Rules, Refund and Chargeback Schedule, Contest / Engagement Rules Schedule, Privacy and Consent Schedule, Community and Moderation Schedule, Developer Protection Schedule, payment terms displayed on the Platform, trial terms, promotional conditions, creator-or feature-specific rules, community standards, grievance policy, and all notices or instructions published by the Company from time to time are incorporated into and form an integral part of this Agreement. 2.2 Where a specific feature, contest, paid session, promotional campaign, limited-time offer, creator interaction, or subscription product is accompanied by its own specific rules or supplemental terms, those specific rules shall apply in addition to this Agreement and shall prevail only to the extent of a direct inconsistency and only in relation to that feature, event, or product. 2.3 Except where a mandatory provision of applicable law provides otherwise, the operative hierarchy shall be: first, mandatory law; second, feature-specific rules but only for the relevant feature; third, the main operative clauses of this Agreement; fourth, the schedules to this Agreement; and fifth, explanatory notices, FAQs, or platform guidance. No FAQ, support response, marketing communication, influencer statement, or promotional representation shall override the legal protections contained in this Agreement unless expressly approved in writing by an authorised signatory of the Company. 2.4 Nothing contained in any supplemental document, promotional communication, or platform-facing instruction shall be interpreted so as to reduce, limit, waive, or dilute any disclaimer, exclusion, remedy, discretion, indemnity, or liability limitation available to the Company or the Developer unless the language doing so is clear, express, specific, and legally valid.
3.1 The Company reserves the absolute right, at any time and in its sole discretion, to amend, update, vary, supplement, replace, restate, suspend, or withdraw this Agreement, any schedule to it, or any incorporated policy or rule. 3.2 Changes may be communicated by publication on the Platform, in-app notice, dashboard alert, email, SMS, push notification, or any other mode that the Company reasonably considers appropriate. Unless otherwise expressly stated, an amended version shall become effective immediately upon publication. 3.3 The User’s continued access to or use of the Platform after publication of an amended version shall constitute binding acceptance of such amended version. If the User does not agree to the amended version, the User’s sole remedy shall be to discontinue all use of the Platform and Services. 3.4 The Company may also, without amending the Agreement itself, change, add, suspend, discontinue, restrict, or replace any Service, feature, content category, technical process, commercial offering, or access condition at any time, and such operational changes shall not of themselves constitute a breach of contract or give rise to any right of refund, compensation, or injunctive relief except to the extent expressly required by law.
4.1 “Account” means the user account, profile, identity, or access credential set maintained for accessing or using the Platform, whether created through mobile number, email, social login, OTP, device association, or any other authentication method approved by the Company. 4.2 “Agreement” means this Consolidated Terms and Conditions / Master User Agreement together with all schedules, annexed or incorporated policies, and all legally operative supplemental terms applicable to the User. 4.3 “Company” means Ultrarich Entertainment Pvt. Ltd, together with its present and future parents, subsidiaries, affiliates, associates, licensors, successors, permitted assigns, group companies, service providers, payment partners, content partners, advertising and analytics partners, infrastructure vendors, moderation vendors, and all persons acting on its behalf. 4.4 “Content” means every form of material available on, through, or in connection with the Platform, whether generated by the Company, the Developer, users, creators, third parties, or automated systems, including without limitation text, prompts, outputs, graphics, logos, interfaces, music, sounds, voice notes, podcasts, videos, stills, chats, comments, recordings, streams, reels, captions, scripts, images, synthetic or AI-generated material, metadata, code, design, and user-facing material of every kind. 4.5 “Developer” means the software developer, coding entity, backend architect, technical implementation partner, cloud architect, infrastructure maintainer, security engineer, API integrator, QA partner, DevOps operator, or any person or entity involved directly or indirectly in the design, development, integration, maintenance, improvement, deployment, hosting, update, or technical support of the Platform. 4.6 “Platform” means the Shunya mobile application, website, mobile site, browser interface, APIs, widgets, subdomains, web pages, dashboards, community systems, streaming interfaces, payment interfaces, communication tools, creator tools, and any present or future digital environment through which the Services are made available. 4.7 “Services” means all products, content services, features, facilities, subscriptions, interactive experiences, communication tools, engagement formats, contests, sessions, storefronts, communities, and any other offerings made available by or through the Platform. 4.8 “User” means every natural person who downloads, installs, accesses, browses, registers on, subscribes to, transacts on, interacts with, or otherwise uses the Platform or any Service. 4.9 “User Content” means any text, comment, message, prompt, audio, video, image, stream, review, upload, chat, transcript, reaction, submission, or any other content or material transmitted, posted, shared, or otherwise made available by a User on or through the Platform. 4.10 “Virtual Items” means any token, point, badge, credit, access unit, loyalty item, premium unlock, engagement-time unit, or comparable digital construct created, sold, issued, or enabled on the Platform, whether or not described as redeemable or premium.
5.1 The Platform is a digital entertainment, content, engagement, and community ecosystem. It may host or provide access to micro-series, short-form and long-form audiovisual content, trailers, teasers, behind-the-scenes material, music, podcasts, meditation content, community features, live or pre- recorded content, creator interactions, skill-oriented participation formats, digital experiences, and merchandise or storefront functionality. 5.2 The Platform may operate through free, ad-supported, subscription-based, hybrid, gated, token- based, event-linked, invite-only, or feature-specific monetisation models. The Company reserves the right to adopt, change, combine, or discontinue any such operating model at any time, subject only to mandatory law. 5.3 The Platform may contain content originating from the Company, the Developer, independent creators, users, advertising partners, licensors, or algorithmic and AI-assisted systems. The User acknowledges that the Platform is a dynamic digital environment in which the mix, prominence, and visibility of content and features may change frequently. 5.4 The Company may classify, personalise, recommend, deprioritise, geo-restrict, age-gate, suppress, or remove content or features based on region, device, age, subscription tier, user history, moderation risk, technical conditions, contractual rights, app-store rules, legal concerns, or business judgement.
6.1 The User expressly acknowledges and agrees that the Platform is intended for lawful entertainment, communication, content consumption, and skill-based or engagement-based digital participation only. 6.2 To the extent any feature of the Platform includes a contest, challenge, leaderboard, timed activity, viewer interaction, ranking, skill-based response system, or reward-linked engagement format, the Company may structure such feature as a skill-based, knowledge-based, timing-based, or engagement-based activity, and not as gambling, betting, wagering, or unlawful chance-based gaming. 6.3 The User shall not use, promote, or represent the Platform in any way that mischaracterises its nature or associates it with unlawful betting, gambling, or wagering. Any off-platform misuse, side- betting, collusive wagering, or unlawful exploitation by Users is solely the responsibility of those Users and shall not create liability for the Company or the Developer.
7.1 The Platform is intended only for persons who are legally capable of entering into binding contracts under applicable law. By using the Platform, the User represents and warrants that the User is at least eighteen (18) years of age and legally competent to contract. 7.2 The Company may, at any time, require proof of age, identity, address, payment source, tax registration, legal capacity, beneficial ownership, or such additional information as it considers necessary for compliance, risk, anti-fraud, moderation, operational, or legal purposes. 7.3 If the User fails to provide satisfactory verification materials within the timeframe prescribed by the Company, or if the Company reasonably suspects that the User is ineligible, underage, or otherwise prohibited from using the Platform, the Company may refuse, suspend, or terminate access without liability.
8.1 The Company may restrict or prohibit access to the Platform or any part of the Services from specific territories, jurisdictions, or Indian states where certain features are legally restricted, commercially impracticable, contractually unavailable, or regulatorily uncertain. 8.2 The Company may use IP logs, device indicators, telecom data, payment geography, KYC records, GPS permissions, or other lawful technical means to estimate the User’s location. The User consents to such location estimation to the extent reasonably necessary for access control, legal compliance, and risk assessment. 8.3 If a User attempts to access the Platform from a restricted territory using false, masked, VPN-routed, manipulated, or otherwise misleading location indicators, the Company may block access, suspend or terminate the Account, revoke entitlements, and deny any claim for refund or restoration to the extent permitted by law. 8.4 The User is solely responsible for ensuring that access to and use of the Platform is lawful in the User’s jurisdiction and that the User’s participation does not violate local, state, national, or international laws applicable to the User.
9.1 Access to some or all Services may require the creation of an Account. The Company may offer registration through mobile number, OTP, email, social login, device-linked credentials, federated identity, or any other mechanism determined by the Company. 9.2 The Company may refuse an application for account creation, require additional verification, or impose conditional access restrictions without assigning reasons, where it considers such action necessary for legal, technical, safety, anti-fraud, commercial, reputational, or operational reasons. 9.3 The User agrees to provide true, complete, current, accurate, and lawful information during registration and to keep such information updated at all times. The User shall not register using fabricated data, stolen credentials, borrowed identity, or any misleading representation. 9.4 Unless expressly permitted in writing, the User shall not create or control multiple Accounts, including through alternate emails, SIM cards, device emulators, social logins, or linked persons, where the effect is to circumvent platform rules, monetisation limits, participation limits, moderation measures, or anti-fraud controls.
10.1 The Account is personal to the User and is non-transferable, non-assignable, non-saleable, and non- sublicensable. The User shall not sell, rent, gift, lease, pledge, or otherwise commercially exploit or transfer the Account or any associated rights, access, or entitlements. 10.2 The User shall maintain strict confidentiality and control over passwords, OTPs, linked devices, access codes, and all other authentication instruments associated with the Account. The Company shall be entitled to treat all activity on the Account as activity authorised by the User unless and until the User proves otherwise to the Company’s satisfaction. 10.3 The User shall be solely responsible for all actions, omissions, purchases, submissions, communications, payment activity, participation, and device-linked access occurring through the Account, except to the extent caused solely by fraud or gross negligence of the Company where liability cannot be excluded by law. 10.4 The User must immediately notify the Company upon becoming aware of any suspected or actual compromise of credentials, SIM-swap risk, unauthorised device access, loss or theft of a device used for access, or any other event reasonably likely to affect the security or lawful operation of the Account. 10.5 The Company may freeze, restrict, suspend, disable, or terminate the Account and require re- verification whenever the Company reasonably suspects credential compromise, account farming, suspicious access patterns, repeated failed authentication, device-level fraud, identity inconsistency, sanctions exposure, or any activity adverse to platform integrity.
11.1 Subject to ongoing compliance with this Agreement, the Company grants the User a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable licence to access and use the Platform solely for personal, lawful, and non-commercial purposes and only in the manner contemplated by this Agreement. 11.2 No right, title, or interest in the Platform, Account, Content, Services, software, source code, object code, algorithms, APIs, or any intellectual property is transferred to the User except the limited access licence expressly granted in this Clause. 11.3 The User shall not copy, reproduce, republish, modify, translate, adapt, archive, scrape, distribute, publicly perform, display, broadcast, create derivative works from, reverse engineer, decompile, disassemble, frame, mirror, or otherwise exploit any part of the Platform or Content unless expressly authorised in writing by the Company.
12.1 The Company may offer recurring subscriptions, fixed-term subscriptions, premium memberships, access bundles, promotional plans, trial plans, premium unlocks, creator-linked access, pay-per- feature products, event-linked access, token-based access, or any other monetised access structure determined by the Company from time to time. 12.2 The Company reserves the right to introduce, modify, reprice, re-bundle, suspend, discontinue, or replace any subscription plan, feature set, entitlement, access window, trial, or benefit at any time, subject only to applicable law. 12.3 A subscription grants only a limited, revocable, personal right of access to the Services, features, or content expressly stated to be included within the relevant plan at the relevant time. A subscription does not guarantee permanent access to any title, feature, creator, archive, or category of content.
13.1 Where a subscription renews automatically, the User authorises recurring billing through the selected or saved payment method. Renewal shall ordinarily occur at the then-prevailing price for the relevant plan unless expressly stated otherwise. 13.2 The User is solely responsible for reviewing renewal dates, pricing, taxes, plan changes, and applicable conditions before the billing date. Failure to cancel before renewal shall not of itself entitle the User to a refund except to the extent required by law. 13.3 All fees are payable in advance unless expressly stated otherwise. The User shall bear all applicable taxes, gateway fees, FX conversion charges, bank charges, telecom charges, app-store commissions passed through where lawful, and any other charges associated with the purchase or renewal of Services. 13.4 The User must provide valid, lawful, and adequately funded payment information and keep it updated at all times. The Company may suspend paid access or deny further transactions where a payment method fails, is disputed, appears unauthorised, or creates a fraud or compliance risk.
14.1 Any Virtual Items, credits, access tokens, engagement-time units, premium unlocks, badges, or similar digital constructs are limited contractual access rights only and, unless expressly stated otherwise, have no real-world monetary value, are not redeemable for cash, and do not constitute stored value, deposits, securities, or property rights. 14.2 The Company may revoke, reset, expire, withdraw, alter, reclassify, or discontinue any Virtual Item or digital access right at any time, subject to applicable law and any express terms stated at the time of issue or sale. 14.3 The User shall not transfer, sell, gift, pledge, lease, or otherwise exploit Virtual Items or access credits unless a specific platform feature expressly and lawfully permits such transfer.
15.1 The Platform may provide content through streaming, temporary download, cached access, restricted offline access, creator-linked access, device-bound access, time-limited access, ad- supported access, subscription-linked access, or any other delivery mode determined by the Company. 15.2 Content availability may vary by territory, language, licensing window, operating system, app-store environment, device capability, age gate, subscription tier, moderation status, and technical conditions. The Company makes no representation that any specific content item or category will remain continuously available. 15.3 The Company may at any time edit, replace, geo-restrict, age-gate, suppress, de-rank, postpone, reclassify, withdraw, or delete content or any part of a Service without liability, subject only to mandatory law. 15.4 If temporary or offline download is enabled, it is granted solely to facilitate authorised viewing through the Platform environment. The User shall not seek to create permanent copies, bypass expiry, or access downloaded material outside the authorised playback environment.
16.1 The Platform may include live chat, group chat, creator interaction, fan community features, live audio or video sessions, one-to-one interactions, message boards, AI-assisted interaction, voice notes, or other communication tools. The Company provides only the technical environment through which such interactions occur. 16.2 The Company does not warrant the identity, motives, civility, legality, accuracy, or reliability of any other participant and does not act as the principal in user-to-user or user-to-creator communication. All such interactions are undertaken entirely at the User’s own risk, discretion, and judgment. 16.3 The User expressly consents that communications, including chats, calls, audio, video, attachments, transcripts, metadata, behavioural indicators, and related records, may be recorded, transcribed, monitored, processed, and retained by the Company for moderation, fraud prevention, support, dispute handling, legal compliance, evidentiary preservation, analytics, training, and product improvement.
17.1 Certain communication or interactive features may require microphone, camera, storage, notification, or other device permissions. If the User denies or revokes such permissions, the corresponding feature may not function, and the Company shall bear no liability for resulting reduction in functionality. 17.2 The User shall not use communication features to threaten, harass, exploit, extort, deceive, impersonate, solicit unlawful payments, exchange prohibited content, or engage in any conduct prohibited under this Agreement.
18.1 The User remains solely responsible for every item of User Content posted, uploaded, transmitted, streamed, or otherwise made available by the User on or through the Platform and for all legal, financial, and reputational consequences arising therefrom. 18.2 The Company does not pre-screen all User Content and does not assume blanket editorial responsibility for all user-originated material, though it reserves wide rights of review, moderation, suppression, and removal.
19.1 By uploading, posting, transmitting, streaming, publishing, or otherwise making available any User Content on or through the Platform, the User grants to the Company, the Developer, and their affiliates, service providers, successors, licensees, and partners a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive licence to host, store, cache, transcribe, reproduce, adapt, edit, modify, translate, publish, display, distribute, transmit, communicate to the public, promote, market, analyse, monetise, and otherwise exploit such User Content for operating, promoting, securing, improving, defending, and commercialising the Platform and Services. 19.2 The User waives, to the maximum extent permitted by law, any moral rights, attribution claims, performer’s rights, publicity claims, integrity claims, or analogous rights against the Company and the Developer arising from the use or modification of User Content pursuant to this licence. 19.3 No royalty, fee, attribution, or other compensation shall be due in respect of the Company’s or Developer’s use of User Content unless expressly agreed in writing by an authorised signatory of the Company.
20.1 The User represents, warrants, and undertakes that all User Content and all conduct on the Platform are lawful; do not infringe any copyright, trademark, privacy, publicity, database, contractual, design, patent, trade secret, or other third-party right; are not defamatory, obscene, pornographic, paedophilic, hateful, harassing, exploitative, or invasive of privacy; do not contain malware or harmful code; and do not promote or facilitate violence, fraud, unlawful gambling, child exploitation, self-harm, money laundering, or any prohibited activity. 20.2 The User further represents that the User has obtained all necessary permissions, licences, waivers, consents, and rights required for every item of User Content and for granting the licences contemplated by this Agreement. 20.3 Any breach of this Clause shall constitute a material breach of the Agreement and shall entitle the Company to immediate remedial action, including suspension, deletion, referral to authorities, injunctive relief, and indemnity recovery.
21.1 The User shall not misuse the Platform or any Service. Without limitation, the User shall not scrape, crawl, harvest, index, benchmark, clone, or mine Platform data or Content; use bots, scripts, macros, exploit tools, or unauthorised software; probe for vulnerabilities; overload infrastructure; reverse engineer or decompile software; bypass DRM, geo-blocking, paywalls, moderation systems, or anti- abuse controls; upload malware or malicious code; impersonate others; stalk, harass, blackmail, or extort any person; distribute unlawful or harmful content; solicit money or benefits outside authorised platform mechanisms; or use the Platform to train or develop machine learning or AI systems without written consent. 21.2 The User shall not engage in collusion, fake engagement, account farming, creator manipulation, coordinated reporting abuse, reward manipulation, billing abuse, referral abuse, or any technical or behavioural pattern that undermines platform integrity, competition fairness, moderation effectiveness, or commercial trust. 21.3 The Company may use automated and manual tools to detect suspicious or prohibited conduct and may act on reasonable suspicion, risk indicators, behavioural anomalies, or internal integrity signals without waiting for criminal or judicial confirmation.
22.1 All rights, title, and interest in and to the Platform, including software, code, architecture, APIs, interface designs, databases, algorithms, recommendation systems, moderation tools, branding, trademarks, service marks, audiovisual works, graphics, layouts, and all related intellectual property rights, remain vested exclusively in the Company, the Developer, or their licensors. 22.2 Nothing in this Agreement confers on the User any ownership interest or proprietary right in the Platform or Content, and all rights not expressly granted are reserved. 22.3 The User shall not challenge, register, use, dilute, or exploit any mark, name, trade dress, domain, or other proprietary identifier that is identical or confusingly similar to those of the Company or the Developer.
23.1 The Platform may display or make available third-party content, embedded tools, app-store services, payment services, affiliate links, advertising, analytics, SDKs, social integrations, cloud services, maps, or other third-party offerings. The Company and Developer do not control such services and do not assume responsibility for their legality, quality, truthfulness, performance, privacy practices, or safety. 23.2 Any interaction, purchase, dispute, reliance, or transaction between the User and any third party is solely between the User and that third party, and shall not create liability for the Company or the Developer unless otherwise mandated by law.
24.1 The User shall maintain the security of credentials, linked devices, communication channels, and payment instruments. The Company shall not be liable for unauthorised access resulting from user negligence, phishing, compromised devices, SIM swap, weak password hygiene, or similar user-side failures except to the extent liability cannot be excluded by law. 24.2 The Company may apply device checks, transaction limits, re-authentication measures, cooling-off controls, payment holds, account freezes, velocity controls, risk scoring, KYC refresh, and other fraud-prevention safeguards without prior notice where reasonably necessary to protect the Platform or comply with legal, banking, or network obligations. 24.3 The User expressly consents that the Company may share information concerning suspected fraud, abuse, chargebacks, or unlawful activity with payment processors, banks, app stores, regulators, law enforcement, and fraud databases to the extent reasonably necessary for defence, prevention, or compliance.
25.1 The Company may monitor, screen, classify, age-gate, geo-restrict, de-rank, suppress, hide, remove, demonetise, limit, or otherwise moderate any content, communication, account, or activity where it reasonably believes such action is required or desirable for platform safety, legal compliance, app- store compliance, advertiser suitability, abuse prevention, reputational protection, or commercial viability. 25.2 Moderation may be based on automated tools, user reports, behavioural indicators, internal policy interpretation, or risk scoring, and the Company shall not be obliged to provide prior notice or hearing unless mandatory law requires otherwise. 25.3 The Company may access, preserve, disclose, and use account records, logs, communications, content, metadata, device data, payment data, and related information where reasonably necessary to comply with law, respond to legal process, defend claims, enforce this Agreement, investigate misuse, or protect users, the Company, the Developer, or the public.
26.1 Content on the Platform may be fictional, dramatized, creator-led, subjective, artistic, incomplete, synthetic, AI-assisted, user-generated, provocative, or experimental. The Company and Developer do not warrant the truth, completeness, usefulness, legality, or appropriateness of all Content. 26.2 No Content on the Platform constitutes legal, medical, psychiatric, tax, financial, investment, or professional advice unless expressly and lawfully identified as such by an authorised provider under separate terms. The User shall not rely on Platform content as a substitute for independent professional advice.
27.1 The Platform, Services, software, systems, interfaces, and Content are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permitted by law, the Company and the Developer disclaim all warranties, representations, guarantees, and conditions, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for purpose, title, non-infringement, uninterrupted availability, compatibility, security, accuracy, reliability, and defect correction. 27.2 No oral or written information or advice given by the Company, the Developer, their personnel, community managers, support agents, creators, or third parties shall create any warranty not expressly contained in this Agreement.
28.1 The Company does not guarantee uninterrupted, continuous, secure, or error-free operation of the Platform. Access may be interrupted due to maintenance, updates, telecom instability, cloud failures, licensing issues, app-store delays, cyber incidents, device limitations, bandwidth shortages, or other circumstances beyond the Company’s control. 28.2 The Company and Developer shall not be liable for delays, lags, freezes, disconnections, rendering issues, corrupted uploads, interrupted streams, or failed participation caused by device malfunction, user-side software conflicts, telecom or internet failures, low bandwidth, operating- system restrictions, app-store issues, or third-party infrastructure dependencies.
29.1 Where a paid session, paid participation feature, or contest instance is materially disrupted solely due to a verified server-side failure attributable directly to the Company, the Company may, in its sole discretion and subject to internal verification, cancel the affected instance, restore access, extend time, issue substitute credits, or refund the relevant amount. 29.2 Any such refund, extension, substitute access, or replacement credit, if provided, shall constitute the User’s sole and exclusive remedy in respect of the relevant failure.
30.1 To the fullest extent permitted by law, neither the Company nor the Developer nor any of their affiliates, licensors, service providers, directors, officers, employees, consultants, contractors, or partners shall be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, or any loss of profits, revenue, goodwill, opportunity, reputation, expectation, data, digital assets, or emotional well-being arising out of or in connection with the Platform, Services, Content, communications, transactions, moderation actions, or this Agreement. 30.2 Without limitation, the Company and Developer shall not be liable for losses arising from third- party content, creator conduct, user-to-user interactions, payment processor failures, moderation decisions, geo-restrictions, legal changes, service suspension, user reliance on content, unauthorised access resulting from user-side compromise, or force majeure events.
31.1 To the extent any liability is held to arise notwithstanding the foregoing exclusions, the aggregate liability of the Company and the Developer, collectively and not severally, for all claims arising out of or related to the specific Service giving rise to the claim shall not exceed the amount actually paid by the User to the Company for that specific Service during the three (3) months immediately preceding the event giving rise to the claim, or such lower amount as may be permitted by applicable law.
32.1 The User acknowledges that the User has not relied on any representation, statement, advertisement, influencer message, social media post, support communication, or promotional material except as expressly set out in this Agreement. 32.2 To the fullest extent permitted by law, the User waives claims for innocent or negligent misrepresentation or negligent misstatement based on matters not expressly recorded in this Agreement. 32.3 Any claim, cause of action, dispute, or proceeding arising out of or relating to the Platform, the Services, or this Agreement must be brought within one (1) year from the date on which the cause of action first arose, subject to the extent such contractual limitation is permitted by applicable law.
33.1 The User shall indemnify, defend, and hold harmless the Company, the Developer, and their affiliates, group entities, licensors, partners, service providers, directors, officers, employees, consultants, and agents from and against any claims, proceedings, losses, liabilities, fines, penalties, damages, costs, and expenses, including reasonable legal fees, arising out of or relating to the User’s breach of this Agreement, violation of law, User Content, payment disputes, chargebacks, misconduct, fraud, infringement of third-party rights, account misuse, or misuse of the Platform. 33.2 This indemnity is continuing, irrevocable, independent, and shall survive suspension, termination, deletion of the Account, or cessation of platform use.
34.1 The Company may, in its sole discretion and without prior notice, suspend, restrict, freeze, disable, downgrade, revoke, or terminate access to the Platform or any feature thereof where the User breaches this Agreement, violates law, creates legal or commercial risk, fails verification, engages in fraud or abuse, or otherwise acts adversely to platform integrity or the interests of the Company, the Developer, or other users. 34.2 Upon suspension or termination, all access rights granted to the User shall cease immediately. The Company may retain or delete account data, logs, communications, transaction records, and content as required for compliance, fraud prevention, evidentiary preservation, or dispute defence.
35.1 By using the Platform, the User expressly consents to the collection, storage, use, structuring, analysis, combination, disclosure, transfer, retention, and other lawful processing of personal data, device data, usage data, communication data, behavioural data, and associated metadata for service delivery, identity verification, fraud prevention, support, moderation, analytics, personalisation, advertising, AI tooling, legal compliance, dispute handling, and platform improvement. 35.2 The User acknowledges that some Services cannot be provided without certain permissions or data categories and that refusal or withdrawal may restrict or terminate access to relevant features or to the Platform itself where continued service becomes impracticable, unlawful, or unsafe. 35.3 The Company may retain data for so long as reasonably necessary to fulfil the purpose of collection, comply with law, defend actual or anticipated claims, preserve evidence, prevent fraud, maintain safety records, or support business continuity and technical backup systems.
36.1 If the Platform is distributed through an app store, OEM ecosystem, telecom environment, payment aggregator, browser platform, or other third-party distribution channel, additional third-party terms may apply, and the Company and Developer shall not be liable for restrictions, delays, platform bans, or technical limitations imposed by such channel. 36.2 The User shall be solely responsible for taxes, levies, reporting obligations, withholding liabilities, or statutory obligations arising from the User’s purchases, rewards, benefits, or transactions, unless the Company is required by law to withhold or report. 36.3 The User shall not engage in bribery, corruption, money laundering, sanctions violations, or any improper payment or inducement in connection with the Platform. The Company may suspend access and cooperate with authorities if it suspects such conduct.
37.1 The Company may assign, novate, subcontract, delegate, transfer, or otherwise deal with any of its rights or obligations under this Agreement to any affiliate, successor, acquirer, investor-backed vehicle, service provider, or group entity without the User’s separate consent. 37.2 The User shall not assign, transfer, delegate, or otherwise dispose of any rights or obligations under this Agreement without the prior written consent of the Company.
38.1 Neither the Company nor the Developer shall be liable for any delay, interruption, suspension, degradation, or non-performance arising from events beyond reasonable control, including acts of God, fire, flood, war, riot, labour stoppage, pandemic, epidemic, cyberattack, cloud outage, telecom failure, third-party service collapse, regulatory action, change in law, injunction, or infrastructure disruption.
39.1 This Agreement shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles. 39.2 Any dispute, controversy, difference, or claim arising out of or in connection with this Agreement, the Platform, the Services, any payment, any moderation action, any reward, or any communication shall first be attempted to be resolved through good-faith written discussions. 39.3 Failing amicable resolution, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Ahmedabad, Gujarat. The arbitration shall be conducted by a sole arbitrator appointed by the Company. The language of arbitration shall be English. The arbitral award shall be final and binding. 39.4 Subject to the arbitration clause and the Company’s right to seek urgent interim or injunctive relief, the courts at Ahmedabad, Gujarat shall have exclusive jurisdiction.
40.1 The User consents to receive notices, invoices, service alerts, moderation notices, legal notices, billing communications, OTPs, and support messages electronically, including through email, SMS, push notification, in-app message, or dashboard alert. 40.2 The User is responsible for maintaining current contact details, checking messages in a timely manner, and ensuring that communications from the Company are not filtered, blocked, or ignored.
41.1 The schedules set out below form an integral part of this Agreement and shall be binding on the User: Schedule 1 – Subscription Schedule; Schedule 2 – Refund and Chargeback Schedule; Schedule 3 – Contest / Engagement Rules Schedule; Schedule 4 – Privacy and Consent Schedule; Schedule 5 – Community and Moderation Schedule; and Schedule 6 – Developer Protection Schedule.
42.1 All provisions which by their nature are intended to survive, including provisions relating to intellectual property, User Content licence, disclaimers, limitation of liability, indemnity, privacy retention rights, moderation rights, dispute resolution, and developer protections, shall survive suspension or termination of this Agreement. 42.2 If any provision of this Agreement is held unlawful, invalid, or unenforceable, that provision shall be interpreted or replaced to the extent legally possible so as to preserve its commercial intent, and the remaining provisions shall remain in full force and effect. 42.3 No failure or delay by the Company in exercising any right or remedy shall constitute a waiver of that or any other right or remedy. This Agreement, together with all incorporated schedules and policies, constitutes the entire agreement between the User and the Company with respect to the subject matter hereof.
43.1 This Agreement shall be interpreted broadly and purposively in favour of preserving its legality, enforceability, commercial efficacy, and protective intent. Any ambiguity shall, to the fullest extent permitted by law, be resolved in a manner that most effectively protects the lawful rights, remedies, operational discretion, commercial flexibility, intellectual property, technical architecture, moderation autonomy, payment integrity, data controls, evidentiary rights, legal defences, and reputational interests of the Company and the Developer. 43.2 The contra proferentem rule, the ejusdem generis rule, or any presumption construing contractual language against the drafting party shall not apply to this Agreement to the fullest extent permissible under applicable law. 43.3 Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. References to law include amendments, re-enactments, subordinate legislation, and successor provisions.
44.1 By clicking “I Agree,” registering, subscribing, downloading, installing, accessing, or continuing to use the Platform, the User confirms that the User has read this Agreement carefully, understood its legal effect, had a fair opportunity to seek independent advice if desired, and voluntarily agrees to be bound by it in full. 44.2 The User further confirms that access to the Platform is granted strictly in reliance upon the exclusions, disclaimers, indemnities, operational discretions, payment protections, moderation powers, technical-risk allocations, and liability limitations set out in this Agreement. Name of User / Subscriber______________________________ Registered Email / Mobile______________________________ Date of Acceptance______________________________ IP / Device / Session Reference (for system capture) ______________________________ Electronic Acceptance Confirmation ______________________________ ☐I confirm that I am at least 18 years of age and legally competent to enter into this Agreement. ☐I confirm that I have read, understood, and accepted the Consolidated Terms and Conditions / Master User Agreement of Shunya. ☐I consent to electronic records, electronic notices, data processing, and communication recording to the extent set out in the Agreement. ☐I understand that paid digital access, subscriptions, and platform entitlements are generally non- refundable except where required by law or expressly approved by Shunya.
S1.1 The Company may offer recurring subscriptions, fixed-term subscriptions, premium memberships, free trials, promotional plans, discounted plans, bundled plans, creator-linked access plans, and feature-specific or event-specific access plans. Each plan is merely a contractual access arrangement and does not create any ownership right in any Service, title, feature, archive, creator, or interface. S1.2 Subscription plans may vary by country, state, device environment, operating system, app-store ecosystem, risk profile, payment channel, user cohort, campaign, or technical capability. The same named subscription may therefore differ in content scope, advertising load, concurrent access rights, download availability, duration, pricing, or bundled entitlements across users or regions. S1.3 Where a plan renews automatically, the User authorises recurring charges using the selected payment method. Renewal shall ordinarily occur at the then-prevailing price. It is the User’s responsibility to review the renewal date, pricing, tax position, and any change in plan benefits before the renewal occurs. S1.4 The Company may offer trial access, courtesy access, grace periods, limited previews, introductory rates, beta access, or invite-only premium windows. Such access is one-time or limited unless otherwise stated, is revocable, and may automatically convert into a paid plan unless cancelled in time. S1.5 Subscription benefits, including ad reduction, premium content visibility, community privileges, badges, access windows, or creator-linked access, are conditional, revocable, non-transferable, and subject to continued compliance with the Agreement. The Company may suspend or terminate such benefits where there is non-payment, chargeback, misuse, compliance failure, or fraud suspicion.
S2.1 Except where non-waivable law expressly requires otherwise, all payments made on or through the Platform are final, irreversible, non-refundable, and non-transferable. This includes subscriptions, renewals, in-app purchases, premium unlocks, access credits, tokens, event-linked purchases, session fees, and digital consumables. S2.2 A refund shall not arise merely because the User stops using the Platform, forgets to cancel before renewal, becomes dissatisfied with subjective content quality, changes devices, loses device access, relocates geographically, or is removed for breach of the Agreement. S2.3 The Company may, in its sole discretion and without creating a precedent, consider limited refund or account-credit requests where there is clear evidence of a duplicate charge, manifest billing error attributable solely to the Company, or a verified platform-side technical failure that wholly prevents delivery of the purchased access and is not reasonably cured by substitute access or extension. S2.4 The User shall not initiate chargebacks, payment reversals, or disputed transaction claims in bad faith or without first using the Company’s grievance mechanism, save to the extent such restriction is prohibited by law. Chargebacks may result in immediate suspension of access and revocation of entitlements until the matter is resolved. S2.5 The Company may provide transaction records, click-wrap acceptance records, delivery logs, access logs, IP/device logs, support correspondence, and account history to banks, card networks, payment processors, app stores, and authorities for the purpose of defending payment disputes and establishing valid delivery or authorisation.
S3.1 This Schedule applies to all contests, quizzes, leaderboard events, timed challenges, watch-and-win campaigns, creator-linked participation formats, rankings, skill-oriented activities, and reward- linked engagement modules made available through the Platform. S3.2 The Company may determine in its sole discretion the structure, duration, fee model, access criteria, scoring methodology, tie-break logic, reward model, participation cap, timing, technical conditions, and anti-cheat standards applicable to any engagement feature. S3.3 Participation rights are personal, conditional, revocable, and non-transferable. The Company may require an active subscription, completed KYC, specified location, prior content engagement, or other criteria as a condition of participation. S3.4 Rewards, rankings, badges, credits, or recognition are subject to platform validation, anti-fraud review, eligibility confirmation, compliance screening, and the Company’s final determination. The Company may substitute any reward with an equivalent, deferred, digital, or alternate benefit where necessary for technical, legal, tax, or operational reasons. S3.5 The Company’s systems, logs, timers, scoring records, and integrity tools shall be authoritative in determining outcomes, subject only to manifest error admitted by the Company. The User shall not demand disclosure of proprietary scoring logic, anti-cheat parameters, or ranking algorithms.
S4.1 The User expressly consents to the collection, structuring, storage, use, combination, analysis, disclosure, transfer, retention, and deletion of personal data, device data, behavioural data, location indicators, transaction data, and communication records for service provision, support, billing, fraud prevention, moderation, advertising, analytics, personalisation, legal compliance, platform safety, AI-tooling development, and business operations. S4.2 The Platform may request access to permissions such as microphone, camera, notifications, storage, and location where relevant to specific features. Refusal or withdrawal of such permissions may result in the non-functionality or restriction of the relevant feature and shall not create a right to refund or claim. S4.3 Communications, including text chats, voice interactions, video sessions, live streams, voice notes, transcripts, attachments, and related metadata, may be recorded, reviewed, and processed for quality assurance, abuse prevention, fraud detection, evidence preservation, customer support, moderation, legal defence, and product improvement. S4.4 The Company may share data with cloud vendors, moderation vendors, payment processors, advertising and analytics providers, app stores, fraud-prevention vendors, and other service providers to the extent necessary for the stated purposes or to comply with law. S4.5 The Company may retain data for as long as necessary for legal compliance, accounting, audit, fraud prevention, dispute resolution, evidentiary preservation, safety monitoring, and legitimate business continuity needs even after account closure or withdrawal of consent where permitted by law.
S5.1 The Platform is intended to remain a safe, lawful, commercially viable, and reputationally protected digital environment. The Company therefore retains broad rights to moderate content, communications, communities, and user behaviour. S5.2 The Company may remove, suppress, de-rank, age-gate, geo-restrict, demonetise, lock comments, mute chats, terminate streams, warn users, restrict features, suspend accounts, permanently ban users, or report misconduct to authorities where it considers such action reasonably necessary or commercially desirable. S5.3 Moderation may be triggered by unlawfulness, harassment, exploitation, hate, sexual solicitation, privacy invasion, scam behaviour, synthetic deception, advertiser unsuitability, app-store compliance risk, media risk, or repeated low-integrity conduct even where criminal liability has not been established. S5.4 The Company shall not be obliged to provide a pre-removal hearing or pre-ban hearing unless mandatory law requires otherwise. The existence of an internal grievance mechanism does not create a right to reinstatement, apology, or compensation. S5.5 Bad-faith reporting, retaliatory complaints, complaint spam, coordinated moderation abuse, and manipulation of reporting systems may themselves constitute policy violations warranting action against the complaining user.
S6.1 Every disclaimer, exclusion, procedural protection, evidentiary benefit, moderation right, indemnity, liability cap, arbitration protection, force majeure protection, and legal defence available to the Company under the Agreement shall be deemed equally and separately available to the Developer. S6.2 The Developer acts only as a technical implementation and support provider unless expressly identified otherwise, and does not independently warrant the Platform, create independent obligations to the User, or assume liability for user content, community conduct, creator conduct, billing disputes, third-party infrastructure failure, or app-store restrictions. S6.3 The User agrees not to proceed directly against the Developer in relation to the Platform except where such direct impleadment is mandatorily required by law and incapable of lawful exclusion. If the Developer is proceeded against because of the User’s conduct, misuse, fraud, content, or chargeback activity, the User shall indemnify the Developer to the same extent as the Company. S6.4 The Developer may rely on code logs, deployment records, telemetry, audit trails, server diagnostics, moderation records, analytics traces, and technical logs as persuasive or conclusive evidence, subject to applicable evidentiary law, in any dispute relating to platform functioning, access, delivery, or integrity. S6.5 The User shall not reverse engineer, benchmark, expose, inspect, stress-test, or publicly analyse the technical implementation of the Platform in a manner intended to exploit, criticise, copy, or commercially appropriate the Developer’s systems except where expressly permitted by mandatory law.