User Terms And Conditions Updated at March 10, 2025

These Terms and Conditions, along with privacy policy or other terms ("Terms") constitute a binding agreement by and between ZELESTA GAMING PRIVATE LIMITED, a company incorporated under the laws of India, and having its registered office at Mumbai, Maharashtra ("Website Owner" or "we" or "us" or "our") and you ("you" or "your") and relate to your use of our website located at www.upgame.in ("Website"), mobile application and/or any other portal (collectively "Platform"), products, services, vouchers, and other offerings (collectively, "Services").

By accessing and/or using our Platform and/or availing of the Services, you acknowledge that you are aware of the contents of and agree to be legally bound by these Terms. If you do not agree to these Terms, please do not access or use the Platform and the Services.

You understand that www.upgame.in is a website owned and operated by ZELESTA GAMING PRIVATE LIMITED. Our Services permit you to make purchases at our Platform using your account or through other prescribed payment channels.

Amendments to Terms We may amend these Terms at any time by posting the amended terms on our Platform at our absolute and sole discretion. We may or may not post notices on the homepage of our Platform when such changes occur. As such, you understand and acknowledge that it is your duty to review these Terms on a regular basis. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Platform after the date such revised Terms are posted.

User Eligibility and Account We reserve the right to refuse to provide the Services to anyone for any reason at any time. Your use of the Services and/or Platform is at your sole risk. You are at least aged 18 years or older (or equivalent minimum age in the relevant jurisdiction). If you are under 18 years old, your account was provided to you as a result of a request by your parent or guardian. Parents and guardians should remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Website. To use the Website, you cannot be a person barred from receiving the Website under the laws of any relevant applicable jurisdictions, including the country in which you reside or from where you use the Website. You may be required to register with the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You will be solely responsible for the accuracy, completeness, and correctness of the information provided by you to upgame. If any liability arises on us due to the incorrectness or incompleteness of the information provided by upgame, you shall defend, indemnify and hold harmless upgame from any and all claims, damages, losses, or expenses, including reasonable attorneys' fees, arising out of the incorrectness or incompleteness of the information provided by the person.

User Conduct As a user of our Services and/or the Platform, you agree not to:

• Use the Services in any way that violates any applicable law or for any unlawful purpose.
• Disparage, tarnish, or otherwise harm, us, our Platforms, or our Services.
• Make any unauthorized use or access of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use a buying agent or purchasing agent to make purchases using our Services and thereafter charge others directly or indirectly for such uses.
• Attempt to impersonate another user or person or use the username of another user or access, tamper with another person's user account.
• Use any information obtained from the Platform in order to harass, abuse, or harm another person.
• Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein.
• Engage in unauthorized framing of or linking to the Platform/Product.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Platform or the networks or Product connected to the Platform.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
• Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
• Post content that is unlawful, obscene, vulgar, defamatory, abusive, damaging, disruptive, inappropriate, offensive, inaccurate, pornographic, indecent, profane, hateful, racially or ethnically offensive, threatening, excessively violent, harassing or otherwise objectionable.

Payments and Purchases Using our Services, you agree that:

• Transactions made via our Services cannot be refuted once initiated.
• You are solely responsible for the usage of your mobile account or payment channel and that we shall have no liability to you or any third party for any unauthorized use or access of our Services through your mobile account or payment channels or in the event your mobile account or your account has been compromised.
• Any taxes, duties, currency exchange fees, data charges and any other applicable charges in relation to your purchases via our Services shall be borne by you.
• We, or your mobile operator if purchases are made via your mobile account or your chosen payment channel provided at www.upgame.in, have the sole discretion to accept or decline a transaction performed by you through our Services for whatsoever reason.
• We reserve the right to deny payments from suspicious buyers. In the event that an order or payment is tagged as being suspicious, delivery of item(s) will be delayed until we can successfully verify its legitimacy, be it by phone or a request for verifying information. The determination of what amounts to suspiciousness shall be at our sole and absolute discretion.
• Unless you notify us to the contrary on the day of delivery and such notification is confirmed by email, the Services shall be deemed to have been accepted by you as being in good order and in accordance with the terms hereof and any other terms specific to such Services if any.
• You undertake to make all payments promptly and in accordance with any rules, regulations or guidelines issued by us from time to time and shall not be entitled to withhold payment of all or any of the price.

No Refund Policy All transactions made in accordance with these Terms are final. The Services that have been delivered are strictly non-refundable. We do not offer refunds or exchanges for the incorrect purchase of Services, including due to compatibility issues.

Intellectual Property Rights If you purchase any digital content from the Platform, it is exclusively for your personal consumption. You have no right to reproduce it for any reason. Except for the licenses granted in these Terms, you have no right, title or interest in or to us or our Services and/or Platform. The Services and the Platform along with its content and information is protected by intellectual property rights law and owned by us and/or the proprietary property of our suppliers, affiliates, or licensors. Without our prior written permission, you may not copy, reproduce, publish, distribute, transmit, display, license, sell, circulate, create derivative works from, or otherwise exploit the content and information of this Platform to any third party. All trademarks, product marks, trade names, logos and icons and all underlying source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively "Trademarks") are registered and unregistered, owned or controlled Trademarks of ours and others. Nothing contained in our Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our Platform without our written permission.

Disclaimer of Warranties WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES AND/OR PLATFORM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES IN ACCORDANCE WITH THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, INFORMATION, LINKS, FUNCTIONALITY OF THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES), PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS.

Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES), PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR PLATFORM OR SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY OR THAT OF OUR AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, SERVICE LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF SERVICES AND/OR PLATFORM DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

Termination We may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Services. Cause for such termination shall include: (a) violations of provisions hereof or any other policies or guidelines that are referenced herein and/or posted on the Services; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Services. In addition, we may terminate your Account upon 30 days' prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Services or any part thereof.

Privacy Policy The collection, storage, use and transmission of your data, including any personal data is governed by our privacy policy available at www.upgame.in/privacy-policy.

Governing Law and Dispute Resolution These Terms shall be governed in all respects by the laws of India without giving effect to any conflicts of law principles that may require the application of the law of a different state or country. Any action arising from or relating to these Terms including the Privacy Policy must be brought in a competent court of law situated at Mumbai, India.

Miscellaneous These Terms constitute the entire agreement between you and us, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings. No modification or amendment of the provisions contained herein will be binding on us unless set forth in writing signed by us. If any part hereof is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining terms hereof will remain in full force and effect. These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version controls and prevails. We reserve the right to change, modify or otherwise alter these Terms at any time. You can find the most recent version on our Platform. Such modifications shall become effective immediately upon the posting thereof. If you have any complaints about our Platform and/or Services, you should direct them to us via e-mail at info@upgame.in