1.INTRODUCTION: WHO WE ARE AND WHAT WE DO?

These Terms and Conditions (“ Terms ”) relate to your use of the Battle11 Platform, which includes the various features and services, including websites, mobile applications, forums, content, functionality, products associated therewith (collectively, the “ Platform ”).

This Platform is provided by Battle 11 Private Limited (“ We ”, “ Us ”, “ Our ”, which includes, in each case, our affiliates, group companies, relevant subsidiaries, vendors).

We are based in Vanuatu and have our registered office Teouma Valley, South Efate, Shefa Province, Shefa, Vanuatu

Through our Platform, we provide an opportunity for our users to engage with and participate in sports-related content, and community engagement opportunities across a broad range of sporting events and activities (“ Services ”).

An illustrative list of such sporting events is mentioned below which may be modified from time to time and region to region (“ Sports ”):

  • Cricket
  • Football
  • Basketball
  • Baseball
  • Hockey
  • Handball
  • Volleyball
  • Kabaddi

Any person using, accessing, subscribing to and/or participating in the Platform or its features, including for any online social games or free-to-play fantasy sports (“ League” ), accessing sports related content, engaging with influencers/other creators, using the AI Companion on our Platform is a user (“ User ” or “you/your(s)”). All references to “ we/us/our ” relate to “ Sports ” which denotes a collective reference to the entity providing the Platform.

2.ACCEPTANCE OF OUR TERMS AND CONDITIONS
2.1 Accepting the Terms.

By accepting these Terms (for instance, by clicking the “Let’s go” button) and continuing to access our Platform, you agree and expressly consent to:

  • (a) being bound by and to strictly adhere to these Terms, including the Additional Terms set out below,
  • (b) collection, storage and processing of your data, including usage related information in accordance with our Privacy Policy;
  • (c) receive communications, including promotional messages/advertisements, from us and/or our partners, affiliates, licensors or associates for: (i) any announcements, (ii) any administrative messages/direct messages, (iii) any advertisements, (iv) direct notification(s) to your account; and
  • (v) by any other means that We may consider fit for this purpose.
2.2 Accepting the Additional Terms.

By accepting these Terms, you also agree to be bound by the following additional terms (collectively “ Additional Terms ”):

  • Our Privacy Policy, which explains what information we collect from/about you, how we process that information and for what purposes.

Unless otherwise expressly stated, a reference to “ Terms ” shall include a reference to “ Additional Terms ” in this document. You accept that in the event of any variance between these Terms and any additional terms relating to the usage of our Platform, the additional terms will prevail to the extent of such variance.

2.3. Non Acceptance.

In case you do not agree with these Terms (including the Additional Terms), or any part thereof, please do not use and/or discontinue your use of our Services immediately. Your acceptance to and adherence of the Terms is required for us to continue to provide you these Services.

3.USER ACCOUNT
3.1 Account Creation.

You are required to register on our Platform and create an account (“ Account ” or “ User Account ”) to access our Services, including but not limited to viewing and engaging with livestreams, influencer/creator engagement, participating in Leagues, and interacting with an AI Companion. Each User must only create one unique account to access the Platform.

3.2 Information Required.

At the time of creating your Account and/or at any time during the utilisation of our Services, you may be required to provide information to help us identify yourself. Some examples of the type of information we may seek from you any and/or all of the following information and/or documents:

  • Your name
  • Your age
  • Your team name
  • Your mobile number
  • Your email address
  • Your country
  • Your gender
  • Any other identification or information as required by the Platform
3.3 Account responsibility.

You are solely responsible to: (a) provide us with true, complete, accurate and updated details at all times, (b) maintain the confidentiality of the details of your Account (including any password, PIN or other credentials associated with it), (c) not trade in, sell, license, transfer, or otherwise misuse your Account information with or for the benefit of another person or User.

You are permitted to create only one Account on Our Platform (“ One Account Policy ”). You agree to promptly update your Account related details on Our Platform from time to time. In case you are unable to access your account for any reason or your account has been compromised please reach out to Our Help and Support team in this regard.

3.4. Eligibility for users.

To access our Platform, use our Services, or participate in any Leagues from outside India, you must meet the following eligibility criteria:

  • You must be of minimum legal age to access our Platform,
  • You must be a resident of the country from where you are accessing the Platform ; and
  • You must have an active email id to create an Account.

It is your responsibility to ensure that you meet the above eligibility criteria for accessing our Platform. For instance, if you are not of legal age or are considered a minor in your country, please either do not use our Services or ensure that your parent(s) or legal guardian(s) have granted express permission for your access to our Platform. Minors are not permitted to use or access our services where such use is not authorized by or consented to by the parent or guardian, as the case may be. We, in our sole discretion, may take remedial action where we find an age related violation on our Platform, including revoking your access or disabling some or all of the Services or forfeiting any balances or benefits in your account.

3.5. Account Action.

You are prohibited from making any false disclosures, declarations and/or representations to us to circumvent or violate the applicable laws and/or regulations of the jurisdiction(s) in which you access or use the Platform, as well as the laws of the jurisdiction in which we are incorporated or operate (“ Applicable Law ”).

We reserve the right to refuse, suspend, terminate or otherwise disable your access to our Platform or any of our Services in case any information provided by you, whether at the time of creation of the Account or subsequently, is found to be false, misleading, inaccurate or not belonging to you or otherwise unlawful or in violation of Applicable Law. We also reserve the right to conduct user verification (“ KYC ”) as may be required from time to time and you agree to provide us with such information as may be necessary.

4.SERVICES AND CONTENT
4.1 Leagues / Free-to-Play Fantasy Sports.

Your access to Leagues is to play free and paid games. In relation to Leagues, We may choose to:

  • Revise the roster of players available for selection in relation to any Leagues offered on Our Platform based on the official information We may receive from the sports organizer or any third-party sources
  • Withdraw and/or cancel any League without prior notice to you should the carrying on of such League be prohibited and/or require any governmental, statutory or regulatory compliances or approvals or for any other reason.
  • Adjust the League Deadline or abandon any League.

We reserve the right to abandon a League upon the occurrence of circumstances beyond our reasonable control.

Any winnings distributed to you by the Platform will be subject to deduction of applicable taxes as per the local laws.

4.2 Payment Failures and Refunds.

Any Entry fee or otherwise acquired on our Platform are non-refundable. It is further clarified that you will not be eligible for any refunds in the event of an operational or technical issue at your end which results in you not being able to access the Services. In case of any payment issue on third-party payment gateways, please contact the respective support teams directly. We will not be responsible for any failed or incomplete fulfillment of any payment instructions issued by you or any other payment actions/omissions taken by you through payment services in respect of the same.

You are responsible for securing your device, SIM, UPI PIN, OTPs and credentials. We are not responsible for losses from compromised devices or shared credentials.

4.3 Your Responsibilities.

In using and accessing Our Platform, You agree to observe the following code of conduct:

  • You shall not violate any of the Terms (including any Additional Terms).
  • You agree to comply with all Applicable Laws, including for clarity, all gaming, broadcasting, content, privacy, intellectual property, consumer related laws and all applicable penal and criminal laws in your country.
  • You will not practice, promote, encourage, advertise any online money games or activities that promote betting, gambling, wagering or other illegal, harmful or unsafe content, including indulging in or promoting any off-platform conduct or behavior that violates these Terms or Applicable Laws.
  • You agree that you shall not commit any illegal act that disrupts our systems.
  • You shall not engage in any Fair Play Violation.
  • You shall not misuse offers or promotions given by us.
  • You agree that you shall use the Platform and our Services solely in your personal capacity, and you will not engage in malpractices or collude with other Users in deriving any benefit and/or running any business in connection with the use of our Platform and/or Services.
  • You shall not be engaged in any form of insider trading, i.e. illegally sharing and seeking non-public information, knowledge of participating teams in any given Leagues/match, strategies, organizing boards, leagues etc. which may give You an unfair competitive advantage (“Insider Trading”).
  • You shall not tamper, modify, or otherwise deal with our data, content, software, technology and/or Intellectual Property by any means. This includes reverse-engineering the AI Companion or any livestream technology.

You are solely responsible for any personal or sensitive information (such as mobile numbers, addresses, email IDs, or other contact details) that you choose to share, post, speak, or display in any form on the Platform, including in messages, audio, video, watch-parties, chats, or livestreams. We strongly advise against sharing such information publicly or privately with other users. The Platform shall not be responsible or liable for any consequences arising from such sharing, including but not limited to misuse of information, or any harm caused by third parties. You acknowledge that interactions with other users are at your own risk.

We're committed to fostering responsible gaming for all our Users. You agree to use our Platform, access our Services and participate in any Leagues responsibly by making informed decisions and playing within your means. You are encouraged to seek help if needed. We encourage you to take self-enforced breaks from the Platform (and may impose such breaks on you from time to time, if any Responsible Play violation is brought to our notice).

You agree to indemnify, defend, and hold harmless the Platform, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your breach of any obligation or responsibility under Clause 4.3 (Your Responsibilities).

5.OUR SERVICES.

We may choose to:

  • Change, discontinue or suspend all or any part of Our Services or limit your access to the Services/Leagues of our Platform,
  • Suspend or terminate Your Account as directed by an appropriate government agency and/or competent authority or for violation of these Terms.

In case of breach of these Terms or if we reasonably believe that you have breached these Terms, We may choose to:

  • Restrict, suspend, deactivate or permanently delete Your Account with Us (including all related information that You might have provided to Us).
  • Disqualify You from participating in any League.
  • Refrain from awarding any prizes to You.
  • Initiate appropriate civil/criminal proceedings as We may consider appropriate in addition to forfeiture and/or recovery of prize
6.INTELLECTUAL PROPERTY RIGHTS
6.1 Our Intellectual Property.

You agree that We (including Our partners, licensors and/or associates) own all intellectual property rights in and to the software underlying the creation of our Platform, including all material and content published by Us on Our Platform, which includes (but is not limited) to the following:

  • Our Leagues;
  • Our software/technology, including the AI Features and AI Companion technology;
  • Our advertisements;
  • Our written/published content;
  • Our images, graphics, photographs, illustrations;
  • Our marks, logos, trade name;
  • Our AI Features;
  • Audio and visual clippings used and published by Us, excluding influencer content; or
  • Flash animation (“ Our Intellectual Property Rights/Our Content ”).

The aforesaid shall not include any factual information, third party data or statistics, third party images, likeness, names and other references made available on or via our Platform merely for indicative, nominative, referential or editorial purposes.

6.2 Restrictions on Our Intellectual Property.

You agree that in accessing Our Intellectual Property Rights, You shall not do the following without Our prior written consent:

  • Modify, distribute, publish, transmit, reproduce, or otherwise deal with Our Intellectual Property Rights; or
  • Create derivative works of Our Intellectual Property Rights or in any way exploit Our Intellectual Property Rights.
7.ONLINE SAFETY
7.1 Community Guidelines.

We care deeply about the safety of our Users. Our users are expected to behave and what types of content or conduct are not allowed on the Platform. Any breach of Guidelines constitutes a violation of these Terms and may result in enforcement actions, including content removal, feature restrictions, account suspension, or termination.

7.2. Reporting Content.

If you come across any content or activity on the platform that violates any Guidelines (for e.g. contains or promotes violent, harmful, sexual or illegal behavior), please report it immediately through the in-app reporting tools or by contacting our Support team.

7.3 Law Enforcement engagement.

In situations where we believe there is a real risk of physical harm, threats to public safety, or other circumstances involving imminent danger, we may notify or cooperate with law enforcement or other competent authorities. This may include sharing information, where possible, that can assist in preventing or responding to emergencies such as threats of violence, risks of suicide or self-harm, credible threats to community safety, or cases involving missing persons. We may also provide information to law enforcement, as permitted by or required under applicable law and where technically possible, to help prevent, detect, or respond to fraud, illegal activity, or violations of these Terms.

7.4. Proactive Monitoring.

Nothing in these Terms requires the Platform to monitor user activity or take action beyond what is required by law or what we determine is appropriate to protect our users and the integrity of the Services.

7.5 Removals.

We reserve our rights to remove (without notice) any offending / illegal / objectionable / infringing content posted by you and take such necessary action as We may consider appropriate including those concerning your Leagues, chats, comments, interactions with influencers or other users or other AI Features. If you violate these Terms, we may take suitable action against you, including removing/disabling/suspending/terminating your account, your access to the Platform and the Services or certain features on the Platform, forfeiture of account related benefits, etc. We may also notify law enforcement agencies when we believe that there is a genuine risk of physical harm or a direct threat to you or public safety. Any action or decision taken by us for violation of these Terms shall be at our sole discretion. We may also remove content from our Platform for reasons other than violation of these Terms (eg: to comply with a valid legal notice we receive, to respond to subpoenas, a complaint from an aggrieved user).

7.6. Grievance Redressal Mechanism.

In case you have any complaints or grievance pertaining to (i) any Content posted or shared by any User that You believe violates these Terms, (ii) any alleged infringement of your Intellectual Property Rights on our Platform, and (iii) your access to the Platform, please share the same with Us by writing to: info@Battle11.com. On receiving such a complaint, grievance or notice, the grievance officer may reach out to You to seek further clarification, or to verify your complaint.

You agree that regardless of any statute or law to the contrary, any complaints or grievances arising out of or related to the use of Our Platform or these Terms should be filed within thirty (30) days of such claim to enable us to resolve Your complaint at the earliest. We aim to resolve complaints within fifteen (15) working days, except where a different timeline may be required under law or be reasonably necessitated by the circumstances (for example, a shorter timeline for highly sensitive matters requiring high priority review). We follow a zero tolerance policy for some categories of complaints  and will move to action such content on priority.

8.PRIVACY POLICY

All your personal information we collect, process, share and store about you is explained in our Privacy Policy. You are encouraged to review this Privacy Policy to understand the data we collect and the purpose for which such data is collected, including data related to your use of the AI Companion and interactions with influencers.

9.LIMITATION OF LIABILITY AND INDEMNIFICATION

By accessing Our Platform, You hereby agree to indemnify Us and/ or any of Our directors, employees, partners, affiliates, associates and licensors (“ Representatives ”) against all liability, cost, loss, claims or expense arising out of Your access to Our Platform, arising due to any negligence on Your part and/ or any illegal act on Our Platform and/ or non-compliance with these Terms. Neither We nor Our partners, affiliates, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of Your use of or inability to use Our Services, even if We have been advised of the possibility of such damages. You waive each and every right You may have against Us and/ or Our Representatives for any injuries, accidents, or other events that may occur as a result of You accessing Our Platform, participating in Leagues, or receiving League prizes. This waiver includes any known or unknown, anticipated or unanticipated events.

10.GOVERNING LAW AND DISPUTE RESOLUTION
10.1 Jurisdiction.

The courts of Vanuatu shall have exclusive jurisdiction to determine any and all disputes related to Our Services (including the League(s) (“ Dispute ”) and grant interim relief in any Dispute referred to arbitration as given below. These Terms and any Dispute will be governed by the laws of the Vanuatu (without regard to conflict of law principles).

10.2 Dispute Resolution.

If there is a legal Dispute, the party raising the Dispute must send a written notification (“ Notification ”) to the other party. The parties will then try to resolve the Dispute through amicable discussions. Suppose the dispute remains unresolved within fifteen (15) days of receiving the Notification, in that case, the dispute will be settled through arbitration. A sole arbitrator will be appointed to conduct the arbitration proceedings in English. The seat and venue of arbitration shall be Vanuatu. The arbitration award will be final and binding on the parties. Each party will pay for the costs of arbitration and equally share the arbitrator's fees unless the arbitral tribunal decides otherwise. The arbitrator can pass interim orders and awards, including orders for specific performance, and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.

10.3 Interim Reliefs.

Nothing contained in these Terms shall restrict Us from seeking and obtaining interim or permanent equitable or injunctive relief or any other relief available to safeguard Our interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on Our part to pursue any remedy for monetary damages through the arbitration described herein.

11.OTHER TERMS
11.1 Supersession.

These Terms govern your use of our Platform and Services and supersede any prior agreements that you may have with us.

11.2 Waiver.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.3 Severability.

In the event any of the provisions of these Terms are held to be invalid, illegal or unenforceable by any competent authority for any reason, the remaining portions of these Terms, if capable of substantial performance, will remain in full force and effect.

11.4 Conflict.

You acknowledge that you may be subject to additional terms that govern your transaction. You agree that if there is any conflict between these Terms and the additional terms, the additional terms will prevail.

 

11.5 Assignment.

We may assign our rights and liabilities in relation to the Services offered by us to any entity as we may deem fit in course of our business activity.

12.DISCLAIMERS
12.1 Force Majeure.

We will not be liable for any delay or failure to render the Services resulting from any force majeure event, including any disruption or change in the Platform due to a change in law or order of a court, regulatory body or other authorized agency, act of government, war, health emergency or epidemic like circumstances or other situations that make the performance impossible or frustrated.

12.2 No Liability.

You may access our Platform at your own risk. We are not responsible or liable for any loss or damage (including injuries, death, or loss of property) that you or anyone else may suffer while accessing our Platform, participating in Leagues, watching livestreams, or interacting with the AI Companion or other AI Features.

12.3 Third Party Content and Ads.

You agree that Our Platform may contain third-party advertisements and links to websites/services owned and operated by Our affiliates and/ or third parties (“ Third Party Content ”). We do not endorse the Third-Party Content or services of any third parties included on Our platform. We cannot guarantee the accuracy, reliability or quality of such Third-Party Content. Your reliance on Third Party Content is at Your own risk. Any claims that You have regarding Third-Party Content should be directed to the third party in question.

12.4 Warranty disclaimer.

We do not provide any warranty for Our Content, which is provided on an "as is, as available basis”.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING OUR PLATFORM AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

WE DO NOT WARRANT THAT OUR PLATFORM AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

THE PLATFORM AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

In this regard, you agree:

  • We are not responsible for any errors or inaccuracies in the team starting line-up data provided on Our Platform, as it is obtained from external sources or publicly available information.
  • We are not responsible for any issues with the storage, deletion, delivery, or accessibility of information or materials to the extent allowed by law.
  • We are not responsible for any inaccuracies in calculating fantasy points or the selection of winners due to inaccurate or incomplete information received from any third-party service provider.
  • We make no representations or warranties regarding the quality, suitability or merchantability of any prizes and are not liable with respect to the same.
  • We will not be liable for your inability to access Our Platform for any reason beyond our control such as network outage, telecommunication failure, internet suspension, virus, malware etc.
  • We are not responsible for any errors in communication, or omissions in communication, including any errors made by You, which may prevent the results from being communicated to You.
  • We are not liable for any consequences arising from You sharing any confidential information including but not limited to OTP with any other person.
  • You acknowledge that Influencer Content and the responses/information provided by the AI Companion or other AI Features are for entertainment, informational, and recreational purposes only.
  • We do not endorse or guarantee the accuracy, completeness, or reliability of any advice, prediction, or opinion provided by the influencers or the AI Companion.
  • You rely on such content at your own risk. The AI Companion is an automated tool and not a human representative of Sports, and Sports is not liable for any loss or damage resulting from its output.