Terms of Use

Your access/use of the Services indicates Your acceptance of the Platform Policies and hence You are advised to read the Platform Policies including these Terms carefully before using Our Services.

We reserve the right to periodically review, update, or otherwise modify any part of the Platform Policies at Our sole and absolute discretion, with or without prior notice. All modifications/amendments to the Terms will be posted on the Platform and will become effective immediately upon such posting on the Platform. Your continued use of the Platform after such change or modification shall be deemed to be your agreement to the revised/modified Terms. Therefore, You are advised to keep Yourself updated on the latest Platform Policies.

1.6 If You do not accept any part of the Platform Policies or any subsequent modification therein, You must stop accessing or using Our Services.

To access Our Services on the Platform, You must register with Us. This registration with Us shall act as Your consent to the Platform Policies at the time of signing up on the mobile application.

Further, the Company reserves the right to either change, amend, revise, alter, remove or restrict the format and the content of the Platform or suspend the operation of the Platform for support or maintenance work, in order to update the content or for any other reason, at any time, with or without prior notice.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Users state that they are of legal age (minimum 18 years of age) to access the Platform and the Services and do not reside in any of the States with Limitations (refer Clause 5 – User Eligibility Criteria).

Subject to the above, and Your compliance with these Terms, We grant You a non-assignable, non-exclusive, revocable, limited license to access and use the Platform and its services only for Your personal use. This license is for the sole purpose of enabling Users to enjoy the Services as provided by the Platform, in accordance with the Terms. The Services may change or be modified from time to time without prior notice or communication.

Please note that Your access to the Platform or utilization of Services offered on the Platform, offers or promotions in relation to the Products as may be provided by Us or Our Affiliates, may be governed by other terms and conditions, policies or guidelines along with these Terms (“Additional Terms”). If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service. These Terms govern Your access and use of the Platform as well as any transaction or dealings thereon.

Any charges incurred by You for accessing Our Services on the Platform, including but not limited to internet connection and/or mobile or data charges are solely Your responsibility.

Frolic is an online social gaming platform for User’s entertainment that allows the User to play different games and win prizes in the form of Winnings. We currently offer two (2) formats for the various games available on the Platform, i.e. “Free-to-Play” games and “Pay-to-Play” games.

User can win cash prizes in the form of Winnings by playing and challenging other Users in the “Pay-to-Play” games format in which the User can participate in the real money-based games that are offered by Frolic on the Platform.

Frolic has developed a variety of online skill-based games for its Users. These games have been either created by Frolic or independent developers who sell/license/assign their games to Frolic.

Frolic brings in a new vision that will help in collaboration of social gaming in this new era with content creators and gaming influencers who shall bring their creativity onto the Platform. You can search Your favorite personalities, posts, and games from the Services found in the social space provided by the Platform.

We may, from time to time, develop additional games, features and services, which shall be made available as part of the Services on the Platform. The Platform Policies will govern all aspects of such newly introduced games, features and services, which are made available to You on our Platform in the future. Further, We may increase, reduce or alter the number of games and the formats offered, features, other services, etc. through and on our Platform, at our sole discretion.

“Activity” shall mean a User’s participation in the Games organized by Us and a User’s Access of other services on the Platform.

“Affiliate” means any corporation, association, or other entity that directly or indirectly controls, is controlled by, or is under common control with either Party, respectively, either currently or during the validity of this Agreement. As used in this definition, the terms "Control" or "Controlled" mean the direct or indirect ownership/possession of more than 50% of the voting interests of the subject entity.

“Applicable Law” means any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental authority having competent jurisdiction over, or application to the Parties or subject matter in question.

“Bank Account” shall mean a financial account maintained by a User with a Banking Company.

“Banking Company” shall mean a banking company as defined under section 5(c) of the Banking Regulation Act, 1949

“Content” shall be the information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted or otherwise, are made available, either by the User and/or Frolic.

“Contest” is a skill based competition/game offered by Frolic on the Platform wherein a User can challenge and compete with another User(s). A Contest on the Platform can be in either of the two formats i.e. ‘Pay-to-Play’ or ‘Free-to-play’.

“Communication feature” shall mean the in-game features that enable Users to interact with each other while playing any of the Games on the Platform. i. “Currencies” means the Deposits and Winnings collectively in the User’s Frolic Wallet.

“Deposits” is the amount added by the User to their Frolic Wallet through their preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking). The Deposit Conversion ratio is 1:1 i.e. Deposit value of Re. 1/- (Rupee One Only) = Re. 1/- (Rupee One Only), or as may be pre-determined by Frolic and updated to the User.

“Entry Fee” refers to the fee which a User pays from the Currencies in their Frolic Wallet in the Frolic Account to participate in Pay-to-Play games on the Platform

“Free-to-Play games” shall mean the skill-based games available on the Platform and which are open to play for all Users and do not require the payment of any Entry Fee. Any User winning the Free-to-Play games shall not be eligible to win any cash prizes in the form of Winnings.

“Frolic Account” shall mean the User account maintained by a User with Frolic upon successful registration on the Platform, in order to play Games on the Platform and access other services on the Platform.

“Frolic Wallet” is a secure digital wallet that You can use for maintaining and adding Currencies. You can add money to the Frolic Wallet through UPI, internet banking, or credit/debit cards. Your Frolic Wallet will reflect the value in Indian Rupees (Rs.) which shall consist of Deposits and Winnings. Your Deposits balance may include signup, referral bonuses and promotional offers that may be offered by Frolic on the Platform.

“Participant” shall mean Users that participate in the Frolic-generated Tournaments and User-generated Tournaments, that are hosted by the Platform.

Payment Gateway” shall mean a third-party service provider providing the payment processing service to facilitates a payment transaction by the transfer of information between a payment portal and the front-end processor or acquiring bank. Frolic has partnered with a reputed Payment Gateway to provide You a seamless experience while You enjoy the services offered by our Platform.

“Pay-to-Play games” shall mean the skill-based games on the Platform for which a User will have to pay an Entry-fee from their Frolic Wallet, in order to participate in the Contest and shall be eligible to win prizes in the form of Winnings.

“Personal Information” shall mean any personally identifiable information provided by User or collected by Frolic or that comes in access of Frolic while providing the Services on the Platform and includes: (i) Information that relates to, identifies, or locates the person to whom such information pertains; or (ii) From which information, identification or contact information of an individual person can be derived.

“Platform Fee” shall be the pre-determined amount to be paid by the User for availing the Services offered by Frolic on the Platform. The Platform Fee for all the Services are pre-determined but subject to change/vary at Frolic’s sole discretion.

“Prize Money Pool” is the actual or projected amount that is to be distributed amongst the winner(s) of the Contest and is declared at the start of the Contest.

“User(s)”, “You”, or “Your” refers to any person who meets the User Eligibility Criteria as detailed in Clause 5.

“Winnings” shall be defined as monetary/non-monetary rewards, subject to the rules of the relevant Contest, given to a User for being one of the top scorers in a particular Contest of Pay-to-Play Games that is organized by Frolic.

“Withdrawal” shall mean a request by a User to initiate Withdrawal of the Winnings from their Frolic Wallet to their Bank Account.

“Withdrawable Balance” shall mean the eligible Winnings which a User can withdraw from their Frolic Wallet subject to these Terms.

You must be at least 18 years of age to access and use the Frolic Platform & You must be a resident of India, but shall not be a resident of any of the States with Limitations.‍

• Our Pay-to-Play Game Services are not intended for or offered to any User who are resident in any of the States with Limitations including outside India. The States with Limitations in India are Andhra Pradesh, Kerala, Assam, Nagaland, Odisha, Telangana, and Sikkim. We have the right to control the access to Our Services at all times, in any State in India and outside India, and reserve the right to update the list of States with Limitations on the basis of change in Applicable Laws or an order of a court of competent jurisdiction. If You are located outside India or in any of the States with Limitations, please do not access the Platform. In case You do, You shall be solely responsible for any legal actions that may ensue from Your use of Our Services and agree to indemnify Us for any loss or claims arising from therein.
  
• If You are below the age of 18 years, You shall not access and use Our Services. In case You do, You shall be solely responsible and shall indemnify Us for any legal actions that may ensue from such use of Our Services on the Platform. We reserve the right to request proof of age at any stage of Your access and use of Our Services to verify that Users below the age of 18 years are not using the Service. We may suspend the Frolic Account of a User if We suspect that such User is under-age and terminate the Frolic Account if they fail to provide Us with a valid proof of age.
• Further, there may be certain games that may be restricted in some additional states. Please check the Special Rules/Terms of each Game to know more.
  
• Special Terms for Tamil Nadu: ▪ Users from Tamil Nadu are restricted from participating in any Contest relating to any game involving use of cards or dice. ▪ The restriction from use further applies to any games where the gameplay relies dominantly on random number generation. ▪ Users will be able to participate only in Contests which are eligible for Users based in Tamil Nadu, ▪ Any game-specific rules for Users based in Tamil Nadu, will be specified on the Platform. ▪ It is clarified that Ludo Boss and Frolic Saanp Seedi i.e. snakes & ladder games on the Platform do not involve the use of dice.
  

You are qualified to enter into any legal contract as per Section 11 of the Indian Contract Act, 1872.

While accessing the Platform and creating Your Frolic Account, You are using Your legal name, legally valid identity proofs, mobile phone number registered and operational Bank Account in Your own name;

You will provide only true, accurate, current, and complete information about Yourself on the Platform; and

You are neither depositing money that originates from committing crimes and / or illegal / unauthorized activities, in Your Frolic Wallet; nor using Your Frolic Account to conduct any criminal / illegal activities.

5.6 You will maintain and promptly update the information that You provide on the Platform to keep it true, accurate, current, and complete.

You will use the Services of the Platform in accordance with these Terms.

Certain Services being provided by Us may be subject to additional rules or rules that may be applicable to a particular game or Contest (“Contest Terms”). Such Contest Terms are deemed to be incorporated herein by reference. Users must agree to these Contest Terms before playing any such game or Contest on the Platform. To the extent that these Terms are inconsistent with Contest Terms, the Contest Terms shall prevail.

The Platform allows You to play Games and socially interact with other registered Users on the Platform. All games that are made available on the Platform are Games of Skill (the outcome of the game is primarily dependent upon Your skills and not luck or chance), therefore, it is legal to play these games in most states in India. (except outside India and in the States with Limitations as defined above in Clause 5.1).

You can play the Games offered on the Platform only via the Frolic mobile application, which can be downloaded or installed from the Google Play Store for Android phone Users, as well as using the APK Link available on the website at https://www.frolic.live/.

When You access Our Services and/or create a Frolic Account, We may collect, use, share with third parties, store, or otherwise process Your information, which may include Your location, Personal Information and sensitive personal information, to ensure that the Services may be accessed and used by You efficiently. The collection, use, sharing of such information is governed by the Privacy Policy which forms an integral part of the Platform Policies.

All Users must enable the location-sharing settings on their mobile phone to ensure they enjoy the Services without any restrictions. However, Users located in States with Limitations will not be able to access Services on the Platform.

To be able to access our Platform, You must first register yourself on the Platform by downloading the Frolic App on Your mobile. You shall be required to input Your mobile phone number, which will be verified by Frolic using a One Time Password (“OTP”). This measure has been taken to safeguard against fraud and misuse of any form at Frolic. All Your information is kept confidential and is processed as per our Privacy Policy.

Upon successful verification of the mobile phone number, an account will be created for You (“Frolic Account”). Your Frolic Account is for Your personal use only. You may not impersonate anyone else or log in into any other User’s Frolic Account, for any reason whatsoever..

Each time You log into the Frolic Account with Your registered mobile phone number and verify it using an OTP, You confirm the acceptance of these Terms and Platform Policies.

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

When You register with Us on the Platform and create Your Frolic Account, You get to choose Your unique Username which shall be Your identity on the Platform (“Username”). Once Your chosen Username is confirmed by Us, (subject to availability and in compliance with these Terms), the same cannot be modified by You later.

Usernames chosen by You, must not be indecent, objectionable, offensive, or unlawful. Usernames that are found to violate the intellectual property of any entity, reveal personal information, or be suggestive of an advertisement or promotional activity, may be rejected by Us. If You are in violation of these stipulations, You will be given an opportunity to provide an alternate Username, failing which We reserve the right to either suspend Your Frolic Account or restore Your Frolic Account only after an acceptable Username has been provided by You.

8.3 Your Username will remain active on the Platform unless We terminate or suspend Your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or where Youvoluntarily delete Your Frolic Account or where Your Frolic Account becomes inactive (as per Clause 19).

Any User accessing the Platform and/or Our Services shall be bound by the Platform Policies, and all other rules, regulations and terms of use referred to herein or provided by Us in relation to Our Services. Frolic reserves the right to change these Terms from time to time, and such changes will be applicable to You if You continue to use the Platform at any time after such changes are posted on the Platform. The changes will be effective, from the time such changes are published on this page. We recommend that You visit this page periodically to be abreast with the most recent version of the Terms and Platform Policies.

By accepting these Terms, You also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by You. By accessing and using the Platform and/ or verifying Your contact number with Us; by accepting the Terms of Use; by accepting or receiving and not unsubscribing expressly on the consent availed by Us from You via SMS, Email-s, Voice calls, IVR (Interactive Voice Response) or any other modes and methods of communication You explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from Us and/or our authorized representatives regarding any new services or offerings.

You can unsubscribe / opt-out from receiving such marketing/ promotional communications, newsletters and other notifications from Us at any time by following the instructions set out in such communications.

You may create only one Frolic Account using one mobile number. For every Frolic Account, the KYC must be unique (refer Clause 13). If multiple Frolic accounts are detected for one User, We may take penal actions, including cancellation of all Winnings amount on linked Frolic accounts, and suspension of the linked Frolic accounts.

Frolic may, at its sole and absolute discretion:

• Restrict, suspend, or terminate any User's access to all or any part of the Platform and/or Services;
• Change, suspend, or discontinue all or any part of the Platform and/or Services;
  
• Reject, move, or remove any Content that may be submitted by a User;
  
• Move or remove any Content that is available on the Platform;
  
• Deactivate or delete a User's Frolic Account and all related information and files on the account;
  
• Establish general practices and limits concerning the use of the Platform;
  

In the event any User breaches, or We are led to reasonably believe that such User has breached the Terms and/or any Platform Policies, or has illegally or improperly used the Platform or the Services, then We may, at our sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of the Platform, deactivate or delete the User's Froli Account and all related information on the account, delete any Content posted by the User on the Platform and further, take technical and legal steps as it may deem necessary.

Winnings and prizes, whether monetary or non-monetary, are unique to each User and are non-transferable. In the event You attempt to transfer any Winnings or prizes in violation of these Terms, or try to circumvent the Game Rules and Contest Rules in any manner, such Winnings and prizes that You win by using such means, will be forfeited by Us.

If You do not agree to these Terms, please do not use the Platform.

By use of the Platform, You agree that You meet with the User Eligibility Criteria as detailed in Clause 5 and that You are fully able and competent to understand and accept these Terms as binding and final.

You shall not access the Platform through any other means other than through the interfaces that are provided by Us and/or our Affiliates.

You shall not acquire, copy, or monitor any portion of the Platform in any way, to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any content, documents, or information through any means not specifically made available through the Platform.

You shall not use/access the Platform while You are located outside India or from the States with Limitations. Frolic strongly discourages manual alteration of Your location on Your mobile phone. You are therefore advised, in particular, to provide accurate information in relation to Your location, and not use means including virtual private networks, or other tools to circumvent any restrictions or mechanisms on the Platform.

You shall not falsify or delete any author attributions, legal or other notices, proprietary designations, labels of the origin or source code of the software, or other material on the Platform.

If You are not legally competent to individually enter into contractual obligations and monetary transactions through banking channels in India, You are prohibited from participating in the Pay-to-Play Games available in Our Services. In the event of such violation, Your participation in such Pay-to-Play Games will be deemed to be in breach of the Platform Policies and Your Frolic Account shall be suspended or terminated as per these Terms. You agree to indemnify for all loss and claims in relation to Your violation.

10.7 You shall not host, display, upload, modify, publish, or share any information on the Platform through Our Services including the Communication feature, made available to You through Our Services that:

We do not covenant or provide any representations and warranties:
i.    in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Service or pricing information and/or specifications) on Platform;
ii.   that the Service(s) will be always made available; and
iii.   that the operation of Platform, including the functions contained in any content, information and materials on Platform or any third-party sites or services linked to Platform will be uninterrupted, or that the defects will be rectified, or that Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELVES AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THE WEBSITE(S), MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ERRORS, MISTAKES OR INACCURACIES OF USER CONTENT AND MATERIALS, DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS PLATFORM OR YOUR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Belongs to another person to which You do not have any right to; or

is harmful, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially objectionable, harassing, disparaging, relating to encouraging money laundering or gambling or otherwise unlawful in any manner; or

is harmful to any child; or

deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; or

impersonates another person; or

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

contains a software virus or any other computer code, file or program designed to interrupt,destroy or limit the functionality of any computer resource; or

is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or

is otherwise objectionable or undesirable (whether or not unlawful); or

is aimed at soliciting donations, chips or other forms of help; or

disparages the Company or any of its subsidiaries, parent company(ies), Affiliates, licensors, associates, partners, sponsors, products, services, or websites, in any manner; or

l. promotes a competing service or product; or

violates any law for the time being in force; or

engages in any activity that interferes with or disrupts access to the Platform or Frolic’s servers /networks.

The Communication Feature available for the User, may be immediately suspended, without any warning, where We are of the opinion that the User is indulging in any activity prohibited under this Clause or the Platform Policies. This may also lead to termination of the Frolic Account of such User.

You may report any abusive or malicious behaviour by any other User immediately to Us by following the complaints procedure provided in Clause 20 below.

The Winnings or any other amount or benefit is not redeemable for any other prize, nor can it be transferred to another User.

Further, You shall not assign Your rights and responsibilities pursuant to the Agreement to any third party.

Frolic offers only Games of Skills across the Platform in two formats i.e. “Free-to-Play” games and “Pay-to-Play” games. Frolic does not support, endorse or offer ‘Games of Chance’ for money to any of its Users on the Platform. Participation in Games of Skill competitions is legal in all states of India except States with Limitations. None of the games on the Platform, constitute or resemble, betting or gambling under the relevant Applicable Laws.

Frolic may organize Contests on the Platform, and to participate in such Contests, the Users need to be in compliance with these Terms, Platform Policies, rules and any additional criteria shared by Frolic on the Platform. The terms and conditions of this Clause govern the User’s participation in the Contests hosted by Frolic on its Platform. Each Contest may have its own set of rules (“Rules”) and in the event of any conflict between these Terms and the Rules of the relevant Contest, the Rules of the relevant Contest shall prevail. You are required to ensure that You have read and understood the Rules before playing them. The Rules form a part of the Platform Policies.

Currencies in Your Frolic Wallet may be used to participate in Pay-to-Play game Contests.

You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

Subject to these Terms, all amounts collected as Prize Money Pool from Users are held, until determination of the Winners and distribution of prizes is done by Frolic.

The User may participate in a Pay-to-Play game Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that Frolic has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would be debited from the User’s Currencies balance in the Frolic Wallet.

Each Contest has a pre-determined limit on the number of Users that can participate and a specified time before which User entries must be made. A Contest is deemed to be a valid Contest on the Platform, only if the minimum requisite number of Users register for the Contest before the prescribed entry time.

Contests shall be announced by Frolic from time to time, and Frolic reserves the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms and Rules, all with due notice to the Users on the Platform.

The decision of Frolic with respect to the awarding of prizes shall be final, binding and non-contestable.

If it is found that a User using the Platform or playing any of the Games, is under the age of eighteen (18) years, Frolic shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit their Winnings. Further, Frolic may, at its sole and absolute discretion, suspend or terminate such User’s account.

In order to participate in a Pay-to-Play Contest, each User shall be required to pay an Entry Fee to the Platform which is deducted from the Currencies available in the Frolic Wallet of the User.

The User shall also have to pay a pre-determined amount as platform fee, which shall form part of the Entry Fee, to Frolic for availing the services offered on its Platform. (“Platform Fee”). The Platform Fee for all the Services are pre-determined but subject to change/vary at Frolic’s sole discretion. Frolic receives only its share of the Platform Fee, subject to applicability.

The User shall be solely responsible and liable for all charges that may be applied for the transfer of Winnings between the User’s Frolic Wallet and the Platform (“Transaction Fee”). For promotional purposes, Frolic may bear these Transaction Fee from time to time. However, such an event will not constitute a waiver of any subsequent Transaction Fee.

All Pay-to-Play Games are subject to applicable taxes and levies. As a part of our legal obligations,with effect from 1st April, 2023, we will deduct Tax at Source (“TDS”) on Winnings in cash or kind, inyour Frolic Wallet, at the rate of 30% on each withdrawal requested by the User.

In the event, a User does not withdraw / partially withdraws any of its Winnings during a financial yearand has Winnings balance eligible for withdrawal as on 31 March of each year i.e. at the expiry of therelevant financial year, then TDS of 30% shall be deducted from the Winnings balance.

In case of any revisions/modification of the applicable statutes and regulations governing TDS and/oron receipt of additional clarity/guidance from the relevant authorities in terms of deduction ofapplicable taxes from Winnings, we reserve the right, at our sole discretion, to update the processand/or terms governing such deduction of TDS and you will be bound by our revised process and/orterms as applicable.

Frolic’s obligation in this regard, is limited to, deducting TDS as required by law and providing User, with an appropriate certificate of tax deduction. User will be required to furnish their PAN to complete their KYC process on the Platform. We reserve the right to verify your PAN, from time to time, and to cancel any Winnings should your PAN be found inconsistent in our KYC verification process. We shall have no liability or responsibility for your individual taxation matters.

In accordance with the latest amendment to the Goods and Services Tax (GST) regulations for the gaming industry, the following policy outlines the GST requirements and procedures to be followed by all gaming platforms, operators, and players. Please note that this policy applies to both games of skill and games of chance.

GST on Opening Balances as of September 30, 2023:

Deposit Wallet: GST Applicability: As of September 30, 2023, a GST rate of 28% will be applied to unused balances in the Deposit Wallet.Example: If Mr. A has Rs. 100 in his Deposit Wallet as of September 30, 2023, that amount would be considered as cum GST value, thus the balance amount to play the Game would be Rs. 78.

Winning Wallet: GST Applicability: Similar to the Deposit wallet, a GST rate of 28% will be applied to unused balances in the Winning Wallet as of September 30, 2023.Example: If Mr. A has Rs. 100 in his Winning wallet as of September 30, 2023, that amount would be considered as cum GST value, thus the balance amount to play the Game would be Rs. 78.

2.5.2 GST on Transactions After October 1, 2023:

Fresh Deposits:

GST Applicability: A GST rate of 28% will be collected from fresh deposits made by players.Example: If Mr. A wants to add a fresh deposit of Rs. 100, then it would be considered as an cum GST value and consequently, GST of Rs. 22 would be collected and paid to the government and the balance of Rs. 78 would be added to the deposit wallet.
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Winning Wallet:

Winning Amount Reused by the User to play another game: GST Exemption: If a user wins a game and the winning amount is reused to play another game, no GST will be levied on the amount transferred from the Winning wallet.Example: If a user wins Rs. 100 and uses it to play another game, no GST will be applicable to this amount.
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Winning is withdrawn & then again deposited to play the Game: GST Applicability: If a user withdraws winnings and subsequently redeposits them to play a game, the redeposited amount will be considered a fresh deposit, and GST at a rate of 28% will be applicable.Example: If a user withdraws Rs. 50 in winnings and later deposits it to play a game, Rs. 11 will be collected as GST from Rs.50 deposited amount and the balance of Rs. 39 will be added to the deposit wallet.

Note: Users can save GST by reusing their winnings within the platform without withdrawal.

Compliance and Reporting: All gaming platforms and operators are required to adhere to the GST provisions mentioned above. It is their responsibility to accurately calculate and collect GST, maintain records, and file GST returns as per applicable regulations.

Effective Date: This GST policy is effective from October 1, 2023, and supersedes any previous policies or regulations related to GST in the gaming industry.Please note that this policy is subject to change in accordance with any future amendments or notifications issued by the government regarding GST in the gaming sector.

In respect of any transactions entered into on the Platform, including making a payment to participate in the Pay-to-Play games, Users agree to be bound by the following payment terms:

• The payment of Entry Fee amount that Users make to participate in the Contest(s) is inclusive of the Platform Fee for access to the Services charged by Us and pre-determined contribution towards Prize Money Pool.
• subject to these Terms, all amounts collected from the User are held in a separate non-interest earning bank account.
• From this bank account, payouts are made to (a) Users (towards their withdrawals), (b) Frolic (towards its Platform Fee) and to (c) Government (towards TDS on Winnings).
• Company reserves the right to charge Platform Fee, which would be specified and notified by Company on the Contest page, being created on the Platform, prior to a User joining such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s Frolic Wallet balance.
• User may participate in a Contest wherein the User has to pay an Entry Fee, that will be a part of the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest.
• It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.

We require Users to undergo compulsory online identity and document verification (“e-KYC/CKYC”)or before such User wishes to withdraw the Withdrawable Balance i.e. the Winnings from their Frolic Wallet.

We may request e-KYC from You in the following scenarios:

• where You place a Withdrawal request on the Platform;
• where We suspect, or have been notified that You have violated any of the Platform Policies; and
• where You have been identified to be in breach of the Frolic Wallet usage terms.

As part of Our e-KYC process, our automated system enables a mandatory process for Users to manually upload their identification documents such as Permanent Account Number (PAN) and Aadhar Card on the Platform (“e-KYC documents”) whereas, under the CKYC process, You can add your name andPAN and through an automated system provided by Fintelligence Data Science Pvt Ltd (our KYCPartner)

At the time of uploading the aforesaid documents on Our Platform, You must ensure the following:

• Documents are valid and Your own;
• The document is clear and legible, and shared in a jpg, jpeg, or pdf format; and
• Documents are not password protected

You acknowledge that your are providing your consent to download your KYC Records from the CentralKYC Registry (CKYCR) by Fintelligence Data Science Pvt Ltd, only for the purpose of verification of your identity and address from the database of CKYCR Registry. You understand that your KYC Record includes your KYC Records /Personal information such as your name, address, date of birth, PAN number etc.

The validation of e-KYC documents may take up to three (3) working days from the date of submission of the documents. We reserve the right to validate or reject the e-KYC document uploaded by You, at our sole discretion.

Once You register with Us, We provide and maintain a Frolic Account for You to keep a record of all Your transactions with Us. Payments for Entry-fee or Prize Money Pool which are connected with participation in Pay-to-Play Games, have to be made by You through Your Frolic Wallet in which You shall maintain sufficient credit balance.

All transactions You make with Us shall be in Indian Rupees (Rs.).

The Deposits made by You in the Frolic Wallet are purely for the purpose of participation in the Pay-to-Play Games and do not carry or generate any interest or return.

Users shall make the Deposits in their Frolic Wallet by using Net banking and UPI mode of payment on the Platform for participating, playing and challenging in any Contests.

Deposit balance must be utilized within 365 days of making such deposit in Your Frolic Wallet.

You cannot transfer any amount from Your Frolic Wallet to the Frolic Wallet of another registered User.

You may use only the Payment Gateway partners that are provided to You on the Platform by Frolic. You understand and agree that We shall not be responsible for delays or denials at the end of Payment Gateway partners. The processing of payments will be solely in terms of Payment Gateway partners policies and procedures, without any responsibility or risk at our end.

If there are any issues in connection with adding money into Your Frolic Wallet, You may send a complaint to Us following the complaints procedure provided in Clause 20 below.

Once a payment/transaction is authorized, the amount is credited to Your Frolic Wallet and is available for You to play Pay-to-Play Games on the Platform. You agree that in the event of Your Deposits being delayed or eventually declined for reasons beyond Our control, We shall not be held liable in any manner whatsoever.

Any amount received by Frolic as Entry Fee for participation in a Contest shall be non-refundable except when such Contest is cancelled by Frolic at its sole discretion. In the event when Frolic cancels Your participation in any Contest, the Entry Fee paid by You for such Contest shall be refunded by Frolic into Your Frolic Wallet within reasonable amount of time of such Contest being cancelled.

All funds collected from You are held in trust by Us, and kept unencumbered and separate from Our corporate funds.

You may Withdraw all or part of the Withdrawable Balance to a designated Bank Account by means of Unified Payment Interface (UPI), subject to daily withdrawal limit mentioned in Clause 14.13.

At the time of initiating a Withdrawal request, You are required to provide Us with KYC documents as per Clause 13.

You agree that all the Withdrawals You make are governed by the following rules:

● You can Withdraw all or part of Your Withdrawable Balance, subject to the levy of applicable Platform Fee, Transaction Fee (depending on the Withdrawal method), and applicable taxes.

● The rules for Withdrawals are as below:-

• Daily maximum withdrawal amount Limit: Ranges from Rs. 60 to Rs. 3000 considering which badge a user is holding.
  
• Minimum Amount that can be withdrawn: Ranges from Rs. 5 to Rs. 50 considering which badge a user is holding.
  
• Withdrawal Charges: Flat 3% of the amount withdrawn per transaction
  
• Transaction time: 30 Minutes to 2 working days
  
• You are permitted to make 2 to 6 Withdrawal request per day, subject to applicable limits.
  
• When withdrawing funds, payment will be made to You either by electronic wire transfer and/or any other manner in accordance with Your preferences and Applicable Law.
  
• Withdrawal requests shall, subject to Withdrawal restrictions specified in these Terms and the Platform, and be processed post Your successful KYC verification.
  
• Withdrawable Balance can only be withdrawn when You have made at least one cash deposit with Us and thereafter played at least one Pay-to-Play Game.
  

On receipt of a Withdrawal request, and subject to successful KYC verification, We may disburse the specified amount by electronic means. If KYC is pending for over 364 days or rejected by Frolic and not re-applied for by You for 364 days, then the Winnings in Your Frolic Wallet shall be forfeited.

We will attempt to process Your Withdrawal request in a timely manner, but there could be delays due to the time required for the KYC verification and completing the Withdrawal transaction. We shall not be liable to pay any form of compensation to You for the reason of such delays in processing Withdrawal requests and remitting payments.

Any Deposit to the Frolic Wallet of a User is always non-refundable. Such Deposits must be consumed by the User by playing the Pay-to-Play games and participating in Pay-to-Play Contests organized by Frolic, from time to time.

Frolic shall not be liable for any claim, loss, injury, damages, expenses, or lost profits incurred by You or Winnings, accrued to You in connection with Your use of the Services on the Platform.

You agree that information is being supplied to You on the condition that You will make Your own determination as to the suitability of such information for Your purpose, prior to use or in connection with the making of any decision. No information on the Platform shall constitute an invitation to invest in Us or any Affiliates. Any use of this Platform or the information is at Your own risk. Neither We, nor our Affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, the Website, the information, or any third-party website linked to this Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If You decide to access links of any third-party platforms, You are doing so entirely at Your own risk and expense.

Notwithstanding anything to the contrary in these Terms, in no event shall Frolic and its Affiliates, if any, be liable to the User or anyone claiming through the User in respect of any subject matter of these Terms or Contest(s) under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those:

• The use of the Platform or inability to use the Platform; or
• Costs arising from acquiring a replacement of any product or service that is based on any item, data, information, or service purchased through the Platform; or
• Any transactions made by means of the Platform; or
• Third party claims against the User; or
• Resulting from loss of use, data or profits, whether or not foreseeable or whether or not Frolic has been advised of the possibility of such damages; or
  
• Based on any theory of liability, including breach of contract or warranty or negligence; or

Notwithstanding any of the foregoing provisions, the aggregate liability of Frolic, its employees, agents, Affiliates, representatives or anyone acting on its behalf with respect to each User of the Platform for all claims arising from the access to, or use of, the Platform shall be limited to the Deposits You have made for the Service in respect of which You have a claim.

You are solely responsible for any consequence resulting from Your participation in any Activity or being associated with any Activity on the Platform. You understand that We assume no liability or responsibility for any financial loss that You may sustain as a result of participation in any Activity.

You agree to indemnify and hold harmless Frolic, against any claims, actions, suits, damages, penalties, or awards brought against Us by any entity or individual in connection with or in respect of:

• Your use of the Services.
• Your breach of this Terms or the Platform Policies
  
• Any claims made by any third party due to, or arising out of, or in connection with a User’s use of the Platform, a User’s participation in a Contest on the Platform, or a User’s winning / claiming the reward of such Contest;
  
• The User’s violation of any rights of another, including intellectual property rights; and
  
• The User’s violation of any Applicable Laws.
  

You acknowledge that all the games available on the Platform are based on skill entirely and there is no element or existence of chance in any of the Games available on the Platform.

Only Indian citizens, residing in India except in the States with Limitations are eligible to participate in Contests. If You are not residing in the territory of India or You are residing in the States with Limitations please do not participate in the Pay-to-Play games and Contests. 16.9 If the User is unable to participate in a Pay-to-Play game Contest, after paying in Currencies from their Frolic Wallet, due to any issue related to the User’s device or internet connection, Frolic shall not be responsible in any manner.

THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer-To the extent permitted by Applicable Law, We, our officers, agents, employees and directors, expressly disclaim any liability for any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the Platform and any User-generated content, including any violation of intellectual property rights with respect to such User-generated conte

Frolic exempts itself from any claims for damages relating to the Platform access, function, quality, possible errors such as spelling errors, bugs, and other factors relating to the Platform.

Frolic shall not be liable for any indirect or unforeseeable damages caused to the Users under any given circumstances.

Frolic shall not be liable for any misuse of the Personal Information shared by You with Us; or through Your profile; or with a third party on the Platform, chat rooms, forums, or comments.

In furtherance of the above, Frolic does not guarantee that:

• The Platform will meet the User’s expectations; or
  
• Your breach of this Terms or the PlatThe quality of the products, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s expectations.
  form Policies
  
• The Platform will be accessible without interruption or in a timely, reliable, or fault- free manner at all times; or
  
• The results obtained through use of the Platform will be correct and reliable.
  

The failure on behalf of Us or You, to insist upon strict performance of any of the provisions herein or to exercise any option, right or remedy contained herein, shall not be construed as waiver or relinquishment of such provisions, option, right or remedy but the same shall continue and remain in full force and effect. No waiver by You or Us of any provision hereof shall be deemed to have been made unless expressed in writing and signed by You or Us, as the case may be.

The effective Platform Policies contain all the terms to be agreed between the Parties regarding the access to and use of Our Services and supersedes and excludes any prior terms and conditions made between You and Us.

Your Winnings may be disclosed to the relevant authorities, and requisite amounts may be withheld from pay-outs, in order to ensure compliance with Applicable Law and lawful requests from the government, regulatory bodies, or an order of any court of competent jurisdiction. It is solely Your responsibility to deal with all the applicable taxes.

Internet connectivity issues at Your end, disruptions due to Your local internet environment, errors in the setup of software or hardware on Your end, or other factors not directly attributable to Us, are beyond Our control, and accordingly, We will not be liable on account of such issues at Your end or for any halts, breaks, or interruptions that You may face while using Our Services.

You represent and warrant that :

You are eligible and competent to enter into transactions with other Users and Frolic and that You shall meet with the User Eligibility Criteria as detailed in Clause 5.

You remain solely responsible for ensuring that You are using the Platform or Service on the Platform, that is legally permissible as per the Applicable Law in every location where You do so and We shall not be liable in any manner whatsoever for any claims or losses arising out of Your violation of the Applicable Laws.

Any information You provide to Us at any time during the access and use of Our Services, whether at the stage of registration or any time thereafter is correct, complete, up-to-date, and accurate. We shall not be liable against any claim relating to the accuracy, completeness, and correctness of any information You provide Us. We may, at any time and at Our sole discretion, require You to verify the correctness, completeness, and accuracy of such information, and to that extent require You to produce additional documentary proof. Where You fail to provide Us with valid documentary proof, We reserve the right to limit Your access and use of Our Services. You shall personally perform all actions and activity in regards to the Frolic Account and all payments to the Frolic Wallet shall be made solely for the benefit of the User by the User themselves;

You will protect the information You provide Us. You must never share Your Frolic Account information with anyone, including any other User of Frolic or any representative of Frolic. You specifically understand and agree that We will not incur any liability for information provided by You to anyone which may result in Your Frolic Account being exposed or misused by any other person.

You have the required legal rights in relation to any content that You may transmit, upload, or otherwise make available on the Platform and on its Services, and such action of Yours shall not violate the intellectual property rights of a third party.

You further agree that You will be solely responsible for managing and updating Your information on the Account and for the security of Your Account.

You shall use Your Frolic Account solely for the purpose of playing the Games, offered on the Platform.

Prior to adding Deposits to the Frolic Wallet or participating in Pay-to-Play Games, You shall be responsible to satisfy Yourself about the legality of playing Pay-to-Play online skill-based Games in the jurisdiction from where You are accessing such Games.

You have the experience and the required skills to participate in the Activity and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Activity.

You are aware that participation in the Activity may result in financial loss to You. With full knowledge of the facts and circumstances surrounding this Activity, You are voluntarily participating in the Activity and assume all responsibility for and risk resulting from Your participation or being associated with this Activity, including all risks of financial loss. You understand that Frolic shall not be liable for any financial loss or for loss of data arising from download of ontent from the Platform, that You may sustain as a result of participation in the Activity. You agree to indemnify and hold Frolic, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with Your participation in the Activity.

You understand and accept that Your participation in a Game does not create any obligation on Us to give You a prize. Your winning a prize is entirely dependent on Your skill as a player vis-à-vis other players in the Game and subject to the Platform Policies.

You shall not hold Frolic responsible for not being able to play any Game for which You may be eligible to participate. This includes, but is not limited to situations where You are unable to log into Your Frolic Account or the same may be pending validation or You may be in suspected or established violation of any of the Platform Policie

You shall not pledge the Currencies in the Your Frolic Account Wallet;

You are fully aware that You shall not be entitled to Currencies obtained through cheating or other breaches of the relevant Rules applicable to the Contest on the Platform, the Agreement, criminal activities, the manipulation of the gaming system, or by any other unfair and inappropriate means. (“Cheating”)

Violations of system or network security may result in civil or criminal liability. Frolic will investigate occurrences that may involve such violations and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Platform, the games and Contests on this Platform, or any activity being conducted on this Platform.

Frolic shall:

Reserve the right to change the accepted method of adding Deposits or withdrawing Winnings at its sole discretion;

Not warrant that the third-party Payment Gateway Service is available at all times on the Platform;

Monitor all accounts and / or money transactions to prevent money laundering activities. Any suspicious activity may be reported to the relevant authorities;

Reserve the right to verify the entitlement of the User and, in case of doubt, may withhold the payment of the Winnings;

Not be liable to pay any interest on any balance amounts of Currencies held in User’s Account on the Platform for any period of time; 18.6 Frolic reserves the right to amend the limit or arrange for additional and repeated examinations on Deposits at its sole discretion;

Reserve the right to: (i) limit User’s participation in the Contests; and/or (ii) withhold any Currencies in the User’s Account for a time period decided by Frolic if such User is suspected of Cheating; and

Not be responsible for any damages that could occur as a direct or indirect result of a delay or inability to facilitate addition or Withdrawal of the Winnings.

Reserves the right to declare a Contest void at any time.

Reserves the right to declare a Contest void at any time.

• It has been accepted on the grounds of an error; or
• The User or third parties acting in cooperation with the User jointly intend to evade the Agreement; or
• The User or other party acting in cooperation with the User may directly or indirectly influence the end result and / or the outcome of a Contest.

You are solely responsible for the Content that You transmit, upload, or otherwise make available on Our Platform.

By accessing or using or availing Our Communication Features, You may be exposed to content posted by other Users, over which Frolic has no control. If You find any aspect of such content offensive or unlawful, You may bring such content to Our notice, and We shall take such actions prescribed under Applicable Law.

We may place certain promoted or sponsored content on the Platform (directly or via links to other sites or resources) in conjunction with third parties. We make no warranties with respect to such content and neither do We endorse any information contained therein. We shall not be liable to You for such promoted or sponsored content, and Your interaction with such content or third-party resources shall be solely at Your own risk.

We may use any content in relation to the Games played on the Platform, including recordings of the gameplay, for Our corporate and marketing purposes, and accordingly, You acknowledge, agree, and consent to our right in this regard.

We reserve the right to suspend or terminate Your Frolic Account if We find that You are violating any of our Platform Policies, or breaching/attempting to breach the security of Our Services in any manner or have not used Your Frolic Account for at least 24 months. Your Frolic Account may be suspended immediately and any Currencies therein shall be frozen and held in the Frolic Account for a period of 6 (six) months. If the User fails to reactivate their account within the stipulated timeline by curing the breach incurred by them, the Currencies in their Account shall be deemed forfeited.

Reserves the right to declare a Contest void at any time.

• will not be able to use Our Services from the mobile number, PAN, and Bank Account linked to the terminated Frolic Account;
• may be permitted to Withdraw the Withdrawable Balance, subject to applicable restrictions.

Further, if We find that a User is breaching/attempting to breach Our security or privacy protocols, including but not limited to, attempting to probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without authentication or using any service that blocks or hinders any kind of advertising on the Platform, or any use, or use or attempted use, of external gaming assistance programs, bots and software assistance with the purpose of giving the User an unfair advantage, We may, following an internal investigation, decide to undertake a range of actions, depending upon the severity of the detected breach. We reserve the sole right to act and take one or more of the following actions:

• We may stop access and usage of Our Services, indefinitely, for such User;
• We may permanently terminate such Users’ Frolic Account;
• We may restrict Withdrawals for such Users;
• We may demand compensation for the damages to Our Services that occurred because of the breach and prosecute a User for any violation of the law and the Terms if need be;
• We can prohibit the User from registering with Us in the future;
• We may report such User to the relevant Authorities depending on the severity of the breach committed.

The User may, at their will, terminate or discontinue the usage of their Frolic Account or delete their Frolic Account by sending an email to Us at [email protected] (“Account Deletion Request”).

If any User does not receive Winnings inspite of being one of the winners in accordance with the Rules of the relevant Contest, or if a User’s request to withdraw such Winnings fails, then such User is required to write an email to [email protected] within 30 (thirty) days from the date on which such Winnings were due to be credited in the User’s Frolic Wallet. Failure to report the same within the stipulated timeline shall result in the User losing their claim and forfeiture of such Currencies.

f a User discovers a bug or any other error in the system, they must immediately log out from the Platform and write an email to [email protected]. The User shall not be entitled to any Winnings as a result of a bug or error in the Platform.

In accordance with the Information Technology Act, 2000 and rules made thereunder, If You have any complaint or grievance relating to any aspect of the Services, or if You become aware of any loss, theft, or unauthorized use of Your Frolic Account, You must immediately approach Our customer care and grievance redressal team for resolution of such issues by writing an Email to [email protected]. We will resolve Your issues within 30 (thirty) days of receiving such E-mail. Any decision taken by Us relating to any complaint will be binding on the User. Alternatively, You may also contact our Grievance Officer at the following coordinates:

Name: Sana Kazi

Address: Shopsense Retail Technologies Limited, 1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093 OfficeHours:10am–7.30pm (Mondays to Fridays)

Email: [email protected]
‍

On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to You to seek further clarification or assistance with the investigation, or verify the statements made in Your complaint, grievance or notice, and You acknowledge that Your timely assistance with the investigation would facilitate the redressal of the same.

In accordance with the Information Technology Act, 2000 and rules made thereunder, If You have any complaint or grievance relating to any aspect of the Services, or if You become aware of any loss, theft, or unauthorized use of Your Frolic Account, You must immediately approach Our customer care and grievance redressal team for resolution of such issues by writing an Email to [email protected]. We will resolve Your issues within 30 (thirty) days of receiving such E-mail. Any decision taken by Us relating to any complaint will be binding on the User. Alternatively, You may also contact our Grievance Officer at the following coordinates:

The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the Platform, which replacement shall come into effect immediately upon publication.

We and/or our Affiliates, as the case may be, exclusively owns all rights and intellectual property of any type throughout the world, including but not limited to patents, trademarks, domain names, trade names, service marks, copyrights, software, trade secrets, industrial designs, and know-how in the Services and underlying technology and documentation therein (“Frolic Intellectual Property”).

All reproduction or distribution of any material on the Platform, including but not limited to text, photographs, movies, music and software programs is strictly prohibited, unless explicitly stated otherwise. Frolic reserves any and all rights not expressly granted herein.

Frolic’s trade name, logo type, and all related trademarks, product and / or service names and slogans used on the Platform are the property of Frolic and may not be used in anyway without the prior written approval of Frolic. User’s use of the Platform shall not be construed as the grant of any license or right to use any trademarks or names appearing on the Platform.

By virtue of validly registering with Us, You are granted a limited right to use Our Services in accordance with the Platform Policies, and You have no other right, ownership, title, or interest in the Frolic Intellectual Property.

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Platform, belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Us.

During the term of Your use of the Platform, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between You and the applicable third party. You agree that We have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between You and any such third party.

By publishing any content on the Platform (“User Content”), You grant to Us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by You on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and You waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform.

Each User represents and warrants that he/she owns all Intellectual Property Rights in the User Content and that no part of the User Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Frolic. Users agree to indemnify and hold harmless Frolic, its directors, employees, Affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Frolic, by such User or through the User's commissions or omissions.

You agree that We do not routinely monitor the User Content on the Platform but reserve the right to do so. However, if we become aware of inappropriate use of the Platform or any of its Services, Wewill respond in any way that, in our sole discretion, We deem appropriate. You acknowledge that We will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, We will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

Submissions and unauthorized use of User Content on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other Applicable Laws and regulations. You alone are responsible for Your actions or the actions of any person using Your Username and/or Frolic Account. As such, You shall indemnify and hold us and our officers, directors, employees, Affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that Your use of the Platform or the use of the Platform by any person using Your User name and/or password (including without limitation Your participation in the posting areas or Your Submissions) violates any Applicable Law or regulation, or the rights of any third party.

Users hereby grant to Frolic and its Affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:

• displaying Users' Content on Frolic
• distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or storing Users' Content in a remote database accessible by end Users, for a charge.
• This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.

Frolic offers Games and other Services on the Platform for entertainment only and is committed to promoting fair play and responsible gaming.

To continue enjoying the Platform and the Games offered on it without such enjoyment resulting in any adverse personal, financial or social consequences, is not advisable. It is imperative that You play responsibly, that is, You minimize Your indulgence or do not indulge in game-play beyond Your means or for excessive periods of time.

• Understanding and acknowledging that the Games are for entertainment only and carry with them the risk of losing;
• Striking a balance between the time You spend on the Platform for playing Games and other aspects of Your life such as focusing on Your job or spending time with Your family;
• Playing for entertainment and not for making money;
• Playing only with Your own money which You can afford to lose;
• Deciding in advance how much money and time You will spend playing Games on the Platform for a particular session and sticking to that limit regardless of Your performance with the help of the “Daily Spending Limit” feature on the Platform that helps You set up a spending limit;
• Not playing Games on the App when You are upset, tired, or depressed as it is difficult to make good decisions when You are feeling low;
• Completing all Your important tasks before playing Games on the App so that You can play with a free and calm mind;
• Avoiding the use of the entire Currencies available in Your Frolic Wallet in a single session of playing; and
• Taking time outs and breaks regularly regardless of Your performance in the Games and especially if You have lost continuously.

These Terms shall be governed by the laws of India.

You agree that Frolic is solely based in India, and nothing shall give rise to personal jurisdiction over Frolic in jurisdictions other than Mumbai, India, and You shall not raise any claims against Frolic in any court or forum in any jurisdiction other than Mumbai, India.

Any claim or dispute between the User and Frolic will be entertained and tried solely and exclusively by a court of competent jurisdiction located in Mumbai, India, and no other place whatsoever.

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Frolic. Any consent by Frolic to, or a waiver by Frolic of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

By downloading and/or accessing the Platform, You further agree and acknowledge that:

Any Application Marketplace and its subsidiaries and group companies (collectively referred to as "App Marketplace") are not responsible for the Platform and its content. In addition, Your use of the Platform which is downloaded from such location, is limited to a non-transferable license to use the Platform and access its content. Moreover, We hereby inform You and You acknowledge and agree that such App Marketplace has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

The App Marketplace has no warranty obligation with respect to the Platform and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these Terms and is the responsibility of the Company. PLEASE NOTE THAT THE COMPANY HAS DISCLAIMED ALL WARRANTIES HEREINABOVE IN CLAUSE 15 (DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY).

The App Marketplace is not responsible for addressing any claims related to the Platform or Your possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or any other similar legislation.

The App Marketplace is not responsible for any third-party infringement claims that the Platform or Your possession and use of the Platform infringe a third-party’s intellectual rights.

The Company and You acknowledge and agree that the App Marketplace is a third-party beneficiary of these Terms with respect to this Platform, and that such App Marketplace will have the right (and will be deemed to have accepted the right) to enforce the Terms against You as a third-party beneficiary thereof as set forth herein.

Currently only one format of Tournaments is available on the Platform:

Frolic-generated Tournaments where Users can participate in a Tournament with other Users without any restriction on participation. However, a User can enter into a particular Frolic-generated Tournament only once on the Platform.

Frolic- Generated Tournaments

• Understanding and acknowledging that the Games are for entertainment only and carry with them the risk of losing;
• Frolic may create this format of the Tournament(s) as a paid format and the Winner will be determinable at the end of the Tournament as per the rules of the Tournament.
• The number of Participants required to make the Tournament(s) operational will be pre-specified and once the number of Participants in such Tournament(s) equals the pre-specified number required for that Tournament(s), such Tournament(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the Tournament, such Tournament(s) will not be operational, and the Entry Fee amount paid by each Participant shall be credited back to the Frolic Wallet of such Participant, without any charge or deduction.
• The Prize Money Pool and Distribution of Prize Money percentage shall be displayed before the Participant joins any Tournament.
• The maximum cumulative Winnings that any Participant can win, is restricted to Rs 9,999/- per tournament.
• Frolic reserves the discretionary power and right to decide the eligibility of a Participant participating in the Tournament.
• A Participant can participate only once in an ongoing Tournament.
• Withdrawal of the Winnings can be transferred to the Bank Account of the Participant, according to the withdrawal rules set by Frolic in Clause 13 and 14 of the Terms of Use (Read: https://www.frolic.live/pages/terms)

In furtherance of these Terms, the below rules and guideline shall specifically apply for Users playing Frolic11:

• Along with the Games presented by Us on the Platform, We also provide fantasy sports to the Users on the Platform (“Frolic11”). Frolic11 is a game owned and operated by us. It is an online based fantasy sport which allows its Users to pick their team made up of real players participating in a real sporting competition. Users play Frolic11 by using their knowledge and skill of the underlying actual sport.
  
• Frolic11 is an online fantasy sports game in which Users are invited to pay money to play the game, thereby allowing Users access to build and act as owners of online teams (consisting of real players or teams) that compete against online teams of other Users with results tabulated on the basis of statistics generated by the real individual sportspersons in certain designated professional sporting matches.
• Users can participate in a Contest with other Users without any restriction on participation, unless specified otherwise in this Clause or these Terms. Users from States with Limitations shall not be permitted to participate in any Pay-to-Play games of Frolic11 or other Games on the Platform.
  
• Users can participate by choosing any of the upcoming Contests which will be linked to any of the current of upcoming real-world event.
  
• All Users while selecting a fantasy team (“Fantasy Team”) for any match are required to pay the designated Entry Fee to enter any ongoing Contest. All Users must pick from the same list of players and are bound by the same rules while picking the composition of their respective teams. This means that all Users have the same maximum/minimum limits on the number of batsmen, bowlers, wicket-keeper and all-rounders, and limits are placed equally on the number of players that can be picked from a particular real-life team.
  mum cumulative Winnings that any Participant can win, is restricted to Rs 9,999/- per tournament.
• Users can make changes to their Fantasy Teams until the deadline of the registration for the Contest i.e. before the real-time match begins. Users can make a Fantasy Team, based on players they select. Users can select any number of players from one playing team. Users can create up to a maximum of 1 team for a single Contest.
  
• Fantasy Teams are awarded points on the basis of the real-life sport’s players performances at the end of a designated match, match tournament of the Contests. The participants whose Fantasy Teams have achieved the highest aggregate scores in the Contests shall be declared winners. In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their team’s aggregate score at the end of the designated match of the Contests.
  
• Users will not be offered the opportunity or option to auto-complete or auto-fill their teams and/or responses within the Contest. Such User who fails to create a Fantasy Team within the specified deadline, shall be disqualified from such Contest and the Entry Fee paid by such User shall be refunded back to their Bank Account within 72 working hours.
  
• The ranks and credits of players keep fluctuating during a Contest as the players perform in the real-life match. The Fantasy Team keeps earning points for Users’ chosen players performances. The points status appearing next to User’s total points indicate if the match is in progress or completed.
  
  
• We shall ensure that all Contests offered to the Users participating in Frolic11 are competitive and incorporate principles of our Fairplay Policy. We are committed to ensuring the utmost levels of fairness and competitiveness in Frolic11.
  
  
• In Starting Lineup Feature : Purpose of indicating a player's inclusion in final starting lineup is only to provide information and assist a User in selecting his/her team in Frolic11. While indicating a player's inclusion in starting lineup is given by Frolic11 on the basis of information/data received through feed providers, publicly available information. Users are advised to do a thorough research of their own from official sources and/or other available sources of information. We, shall not take any liability, if a player earlier indicated as 'Playing' does not play or start for any reason whatsoever.
  
• Tabulation of Frolic11 points: Company may obtain the score feed and other information required for the computation and tabulation of Frolic11 points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider and/or official website of the match organiser comes to its attention, Company shall use best efforts to rectify such error prior to the distribution of prizes. However, Company hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of Frolic11 points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users agree not to make any claim or raise any complaint against Company in this respect.