1.1 These are the Terms and Conditions of Use (“Terms”) which form a legal and binding agreement between Tetrafolia Skill Games Private Limited, a private limited company incorporated under the Companies Act, 2013, with its registered office at VO-708 WeWork DLF Two Horizon Centre, DLF Phase 5, Sector 43, Golf Course Road, Gurgaon, Haryana, India, 122002 (referred to as the “Company”, “Funto”, “We”, “Our” or “Us”) and any person (“You”/ “Your”/ “User”/ “Player”) accessing:
a) Our websites - playfunto.com (“Website”) and Our mobile application (“App”) including any sub-domains, associated platforms or other websites operated by us, including but not limited to www.tetrafolia.com, www.playfunto.com (hereinafter collectively referred to as the “Platform”), and/or;
b) Any data, information, text, graphics, videos, sounds, images, and other materials made available, transmitted, or published via the Platform (“Content”) for the purposes of accessing or participating in digital skill-based games hosted on the Platform (“Games” or “Services”).
1.2 These Terms shall be read along with Our Privacy Policy and any other applicable rules, terms, or guidelines notified by the Company from time to time. By registering with, accessing, or using the Platform or any Services offered by the Company or any part thereof, You agree to be bound by these Terms and the Privacy Policy.
1.3 This document is an electronic record under the Information Technology Act, 2000 and applicable rules. It does not require physical or digital signatures.
1.4 By accessing, downloading, installing, or using the Platform or Services, You agree that You have read, understood, and agreed to be bound by these Terms and the Privacy Policy. You further agree to comply with the rules and regulations of any specific Games hosted on the Platform.
1.5 We reserve the right to update, modify, amend, or discontinue any part of these Terms or the Privacy Policy, and You agree that such changes shall be binding upon You once published on the Platform. We may, at Our discretion, notify You of material changes through email or in-app notifications. If You do not accept the updated Terms or Privacy Policy, Your sole remedy is to discontinue the use of the Platform.
1.6 Participation in Games or Contests (defined below) hosted on the Platform may be subject to additional terms, rules, or eligibility requirements as published from time to time. You must ensure that You have read and accepted such specific terms before participating. For the purpose of these Terms and the Privacy Policy, “Contest” shall mean any skill-based competition, game, or event organized, hosted, or made available by the Company on its Platform involving stakes, except in cases otherwise provided herein, in which Users participate in accordance with the applicable rules and terms.
1.7 The Company reserves the right to:
a) remove or restrict access to any Content or accounts violating these Terms or applicable laws;
b) set and revise general usage practices, including data limits, game restrictions, or session caps; and
c) assign its rights or obligations under these Terms to any third party, upon which notice shall be given to You at Your registered email address.
1.8 Any information (including results, scores, strategy tips, and analytics) provided on the Platform is for informational purposes only. While We strive for accuracy, We make no warranties regarding completeness or reliability. We disclaim any liability arising from reliance on such information.
1.9 You hereby provide Your express consent for the Company to collect, store, use, and transfer Your personal information, including sensitive personal data or information, in accordance with Our Privacy Policy and applicable law.
2.1 Subject to Your compliance with these Terms, We grant You a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, and royalty-free limited license to access and use the Platform solely for Your personal, private, and non-commercial use. This license enables You to play skill based Games strictly in accordance with these Terms, and exclusively within the permitted states in the territory of India.
2.2 We reserve the right to modify, update, suspend, or discontinue any aspect or feature of Games or the Platform at any time, without prior notice or liability. This includes the right to change gameplay features, user interface, scoring mechanisms, and rules of the Game.
2.3 The Platform may display advertisements and promotional content as part of the Services. These advertisements may be targeted based on Your usage patterns, preferences, or other relevant factors. The format, type, and frequency of such advertisements are subject to change at Our discretion.
2.4 All gameplay on the Platform is governed by the specific rules, scoring system, controls, and gameplay mechanics of Games. These will be made available within the Game interface. You agree to review and comply with these rules and acknowledge that non-compliance may result in penalties, restrictions, or suspension of Your account.
2.5 You are solely responsible for all charges incurred while accessing the Platform and playing Games, including but not limited to internet connectivity costs, mobile data charges, or other third-party fees applicable to Your device or network.
3.1 You must be at least 18 years of age and a resident of the permitted States in India to access and/or use the Platform and to create an account with the Company.
3.2 By agreeing to these Terms, You represent and warrant that:
a) You are at least 18 years old;
b) You are not accessing or using the Platform from a jurisdiction or State that prohibits participation in games of skill for real or virtual rewards (the “Restricted Territories”);
c) You have not previously been suspended or disqualified from using the Platform;
d) You are competent to enter into a binding contract; and
e) Your access and use of the Platform and Services is in compliance with all applicable laws and regulations.
3.3 We reserve the right to request proof of age or identity at any time to verify Your age if such proof is not provided or if the Company reasonably suspects that You are under 18 years of age or residing in a Restricted Territory, Your access to the Platform shall be suspended or terminated without any further notice. The Company disclaims all liability arising from access or use of the Platform by individuals who are under the age of 18 or by persons located in jurisdictions where access to the Platform is prohibited.
3.4 Employees, interns, and directors of the Company, and their immediate family members, are not eligible to participate in any gameplay for prizes, competitions, Contests, or reward-based formats of Games.
3.5 You agree to provide true, accurate, current, and complete information at the time of creation of the Account (as mentioned below) on the Platform or registering for a game, or as otherwise requested by the Company from time to time. You further agree to update and maintain such information to ensure its accuracy and correctness.
4.1 In order to access the Platform and fully utilize the Services offered by Company, You are required to register and create a user account on the Platform. You are not authorized to use or access the Platform until a valid account (“ Your Account ”) has been created and approved in accordance with these Terms.
4.2 To become a registered User, You must create an Account on the Platform. Each User is permitted to maintain only one Account for personal use only. The Company reserves the right to suspend or permanently terminate any duplicate or fraudulent accounts at its sole discretion.
4.3 During registration, You may be required to complete a form and submit certain personal information, with Your registered mobile number (“Registered Mobile Number”).
4.4 Verification of Your mobile number may be required through a one-time password to complete the registration / account creation process. The Company, at its sole discretion, may accept or reject any registration or Account creation request without assigning any reason. The Company’s decision in this regard shall be final and binding.
4.5 You may also be subject to Know Your Customer (“KYC”) checks, either at the time of registration, creation of an Account, anytime thereafter or before initiating any withdrawal or reward claims. By registering, You expressly consent to providing all required information and documentation for the completion of KYC verification. These checks help ensure the identity of Users and support Our compliance and fraud prevention measures. Failure to complete the KYC process may result in the suspension or limitation of access to certain features of the Platform. The documents and information required for KYC may include, but is not limited to, the following:
a) Full Name
b) Email Address
c) Mobile Number
d) Date of Birth
e) State of Residence
f) Gender
g) Bank Account Details (for prize withdrawals, if applicable)
h) Permanent Account Number (PAN)
i) Valid Government-Issued Identity Document (for KYC verification)
i. Photo Identity
ii. Address Identity
Please refer to Our Privacy Policy for more details.
5.1 Upon approval and successful registration, Your Account will be created, granting You access to the Platform and related Services by logging in through the OTP sent to Your registered mobile number each time You wish to access the Platform. You may then play the strategy-based skill Games hosted by the Company.
5.2 You represent and warrant that, during Your use of the Platform, You shall not permit any other person to access or use Your Account. You further agree not to access or use the Platform using another User’s Account.
5.3 The creation and operation of multiple Accounts by a single User is strictly prohibited. If the Company discovers that a User is operating multiple Accounts, the Company reserves the right to restrict, suspend, block or permanently terminate such duplicate Accounts at its sole discretion. Any funds or credits available across such duplicate accounts shall be forfeited.
5.4 You may be required to verify the ownership of any bank account or payment instrument used to deposit or withdraw funds from the Platform. This is to ensure the integrity of payment processes and to comply with applicable legal and regulatory standards.
5.5 If Your Account is mistakenly credited with excess funds for any reason, You agree to forfeit such excess funds promptly upon demand by the Company. The Company reserves the right to recover the excess amount by setting-off / debiting Your Account or using any other lawful means without any further notice.
5.6 Any identity verification or KYC checks conducted by the Company are a proactive measure to prevent misuse of the Platform. The Company shall not be liable for any inaccuracy in verification results. You are solely responsible for completing all KYC obligations required by Us or any applicable laws, Your respective financial institutions or payment service providers in connection with transactions on the Platform honestly and truthfully.
5.7 You acknowledge that Your participation in any Game or using the Platform is entirely voluntary and at Your sole discretion and risk. You understand the nature of the Games on the Platform as games of skill, and You are solely responsible for Your gameplay decisions and financial outcomes associated with the Platform.
6.1 Upon registering on the Platform, a profile will be created, which will serve as Your public identity within the Platform’s gaming ecosystem. (“Your Profile”). Your Profile will be visible to all other users who are participating in the Games or engaging with the Platform.
6.2 You will have the option to personalize Your Profile by selecting an avatar from a list of preset options made available on the Platform. These avatars are designed and curated by Us to ensure consistency with the Platform’s aesthetic, community standards, and technical requirements. The use of custom or third-party avatars by You outside the Platform is not permitted unless explicitly authorized by Us. Avatars selected by You will also be publicly visible alongside Your username.
6.3 You are solely responsible for the maintenance of Your Profile, and for any activities that occur under Your Profile or username. We do not claim ownership of Your Profile, and You grant Us a worldwide, royalty-free, non-exclusive, perpetual, unrestricted license and right to display, use, modify and distribute Your Profile, Your username or any elements thereof as deemed fit or necessary by Us.
6.4 You may update or modify Your Profile settings at any time via the account settings section of the Platform. We reserve the right to edit, restrict, suspend, or delete any Profile, in whole or in part, at Our sole discretion, without notice, if such Profile is found to be in violation of these Terms or if necessary to protect the integrity / reputation of the Platform or its users, or as deemed fit by Us.
7.1 The Games hosted on the Platform are strictly games of skill. Users expressly acknowledge and agree that the gameplay offered through Platform relies predominantly on the skill, strategy, and decision-making ability of the Player, rather than on any element of chance or luck. Although Indian law does not provide a singular definition of a “game of skill”, it is generally understood to be one where the Player's knowledge, experience, attention, training, and strategy have a greater influence on the outcome than mere luck. In line with this, the Supreme Court of India has affirmed that games of skill enjoy constitutional protection under Article 19(1)(g), which guarantees the right to practice any profession or carry on any trade or business. Therefore, Games, as hosted on the Platform, is fully compliant with applicable Indian laws and is neither a game of chance nor associated with gambling or lottery in any manner.
8.1 In compliance with prevailing laws, the Company restricts individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Telangana, Orissa, Sikkim, Tamil Nadu and outside India from participating in the paid versions of the Games hosted on the Platform, and hence these States also fall under “Restricted Jurisdiction”. These restrictions are imposed because the laws of the aforementioned states do not permit participation in skill-based games that involve an entry fee. As a result, access to paid Games on the Platform is restricted for Users from these regions.
8.2 To enforce these restrictions, the Company utilizes geolocation technologies and monitors User activity, including IP address and other location-related information. Users expressly consent to the collection and use of such data for verification purposes. Any User found to be violating these restrictions by providing false information may have their Account immediately suspended or deleted without notice, in addition to any other legal actions as may be required under applicable laws. In such cases, no refund or withdrawal of the monies / balance in Your Account will be permitted, and the Company shall not be held liable for any resulting loss or penalty.
8.3 All Users are expected to remain compliant with their respective state laws while accessing and using the Platform. The Company bears no responsibility or liability for any breach of law committed by Users in contravention of their local laws and rules. Users may be subject to penalties by the appropriate state or central authorities for any such violations. The Company reserves the right to update its policies in line with changes in law and User’s conduct, and its decisions in these matters shall be final and binding.
8.4 Notwithstanding the restrictions on real-money gameplay, free-to-play versions of the Game, including certain Contests or tournaments that offer real money prizes without requiring any entry fee, may be made accessible on the Platform at Our discretion. However, such free Contests are fully sponsored by the Platform and do not create any right or entitlement for Users to claim rewards or prizes, particularly those accessing the Platform from the Indian states of Andhra Pradesh, Assam, Nagaland, Orrisa, Telangana, Sikkim, Tamil Nadu, or from outside India, where access to the Platform is restricted or prohibited. Users from such jurisdictions shall not be eligible to participate in or claim any benefit arising from these Contests.
9.1 Access to Your Account / Profile on the Platform is protected through secure authentication mechanisms, including password and/or One-Time Password (“OTP”) verification. These credentials are essential for logging in and managing any activity on Your Account, such as adding, modifying, or deleting content. You are solely responsible for maintaining the confidentiality of Your login credentials and for restricting access to Your Account. If any unauthorized person accesses Your Account using Your password or OTP, the Company shall not be held liable for such access or misuse, and You will be fully accountable for all activities conducted through Your Account.
9.2 While We strive to maintain secure access to the Platform, We are not responsible for any loss, damage, or expenses arising from a delay, failure, interception, or disruption in the transmission of passwords or OTPs due to reasons beyond Our control, such as mobile service network failures or other unforeseen technical issues. It is Your responsibility to ensure secure access to the Platform and take precautionary steps in case of any suspicious activity.
9.3 You are obligated to protect all sensitive information provided on the Platform, including but not limited to usernames, passwords, contact information, banking details, and email addresses. If You voluntarily share any such data with others, including other Users, the Company is not liable for any resulting misuse, unauthorized access, or damage suffered. In the absence of fraud or gross negligence by the Company, the Company shall not be responsible for any unauthorized transactions made using Your credentials.
9.4 The Company shall not be liable for any transaction executed on the Platform as a result of: (a) fraud committed using Your credentials before We are notified in writing; (b) fraud by third parties; (c) voluntary transactions initiated by You at the behest of another User including any fraudulent gameplay; (d) any inaccuracy, illegality, or defect in third-party content, products or services; or (e) the nature of the underlying fund transfer between Users or the identity of the sender/recipient. It is Your duty to regularly review Your Account activity and take immediate action upon detecting any suspicious or unauthorized use.
9.5 You are advised to transact only with trusted third-party service providers and the Company shall not be held liable for any disputes, chargebacks, or reversals arising therefrom. If Your mobile device or computer has been lost, stolen, or otherwise compromised, or You suspect any unauthorized access, You must immediately notify Our Grievance Officer as per the details provided in the Privacy Policy. Immediate reporting of such events by You is crucial to protect Your Account and Your Profile from potential misuse and /or abuse.
9.6 To prevent fraud and unauthorized use, the Company reserves the right to block, suspend, or terminate Your Account, impose access or transaction limits, and take other preventive measures without prior notice. Users are required to fully cooperate in any such investigation and comply with all fraud prevention steps mandated by the Company. Additionally, information related to any fraudulent activity may be shared with relevant government authorities or enforcement agencies for the purposes of identity verification, investigation, prosecution, and enforcement under applicable
10.1 By accessing or using the Platform, You acknowledge and agree that Your use of the platform is solely for entertainment purposes.
10.2 We are committed to ensuring the safety and well-being of all Players and encourage You to play responsibly.
10.3 If You wish to set limits on Your usage of the Platform, You may contact Our Customer Care team to request assistance. Our support representatives will guide You through the process of configuring usage limits in accordance with the features available on the Platform.
10.4 Please note that such limits may be implemented on a per-session, daily, or weekly basis, depending on the technical capabilities of the Platform at the time of Your request. You may also request modifications or removal of these limits by contacting Customer Care again.
10.5 While using the Platform, You agree not to engage in any of the following activities:
a) Illegal or unlawful activity;
b) Using automated means, software, or devices to access, scrape, or index any part of the platform without obtaining prior written consent from Us;
c) Interfering or attempting to interfere with the proper functioning of the Platform through any device or software.
d) Engaging in actions that impose excessive load on Our servers, infrastructure, or any system, thereby causing disruption or harm.
e) Unauthorised use of the Content;
f) Utilizing the Platform to compete with Us in ways We have not explicitly authorized.
g) Sending spam, unsolicited emails, chain letters, or any other form of unsolicited communication to other users of the platform.
10.6 By engaging in such actions, You compromise the integrity and operation of the platform, and We reserve the right to suspend or terminate Your access.
10.7 When submitting any content on the Platform, whether in the form of messages, posts, or any user-generated material or otherwise writing to us through any media including social media platforms (hereinafter referred to as “Contributions”), You agree that Your Contributions shall not:
a) Violate any laws or regulations, or be defamatory, abusive, threatening, discriminatory, or otherwise offensive.
b) Advocate or encourage behaviour that would be criminal, give rise to civil liability, or otherwise violate any local, state, national, or international law.
c) Contain any misleading, false, or deceptive information, including but not limited to false claims of identity or origin.
d) Violate the intellectual property rights of Us or any third party, including but not limited to copyright, trademark, or trade secret rights.
10.8 By uploading any content, You are confirming that You have full rights and permission to do so and that it does not infringe upon the rights of others.
10.9 You agree not to upload, transmit, or share any content that is harmful, illegal, or inappropriate. Specifically, You agree not to submit content that is:
a) Pornographic, sexually explicit, or offensive.
b) Harassing, threatening, or discriminatory in nature.
c) Offensive to other Players, including content that may endanger or exploit minors.
d) Misleading or fraudulent.
10.10 We reserve the right to remove or restrict any such content and take appropriate action against the responsible user. You understand that such actions may include suspending or permanently terminating Your Account and any other associated services.
10.11 While We work diligently to prevent such content, We cannot guarantee that all harmful or offensive content will be filtered. In the event You encounter such material, You agree to report it to Us, and We will review and act upon it in accordance with Our internal policies and applicable laws. You further agree that We shall not be held liable for any exposure to offensive material and that Our decision on such matters shall be final and binding.
10.12 By using the Platform, You agree not to infringe upon the intellectual property rights of Us or any third party. This includes the unauthorized reproduction, distribution, modification, or creation of derivative works of Our content. Any violation of these intellectual property rights may result in legal action, including, but not limited to, the termination of Your Account and other legal remedies available under applicable law.
10.13 By accessing or using the Platform, You agree to comply with all applicable local, state, national, and international laws, rules, and regulations. You further acknowledge that nothing in these Terms shall limit Our ability to comply with requests or requirements from government authorities, law enforcement, or other legal processes. We reserve the right to cooperate with legal investigations and may disclose information about Your use of the Platform including Your personal data and information in response to such requests. You agree to indemnify and hold Us harmless from any claims or actions arising out of Your failure to comply with applicable laws.
11.1 In accordance with Rule 31B of the CGST Rules, 2017, effective from October 1, 2023, We levy and collects Goods and Services Tax (GST) as per applicable laws, currently at 28% on transfers made into the User’s wallet. All payments are made via secure gateways, including UPI, and may be processed through the appointed Payment System Providers.
11.2 Where applicable, Tax Deducted at Source (“TDS” ) shall also be deducted in accordance with the provisions of the Income Tax Act, 1961.
11.3 When Users deposit funds using a Virtual Payment Address (“VPA”) under UPI, all payment processing is carried out through integrated payment gateways (“PGs”). The Platform stores and maintains the VPA or related payment details only when explicitly provided by the User at the time of their first fund withdrawal from the Platform. The Platform does not independently fetch or access other VPAs linked to the User’s mobile number unless such information is made available by the PG or User and the User has provided the requisite consent of the same.
11.4 Upon participating in a Game or Contest on the Platform, the payments made by the User includes (a) a platform fee for accessing and using Services; (b) a pre-determined contribution towards the prize pool; (c) such other amounts as may be disclosed from time to time. The platform fee may vary depending on the game type and other dynamic factors. Only winners of the respective Contests will be eligible to receive payouts from the prize pool. Please read the game and Contest terms before participating.
11.5 Your monies are maintained in a non-interest-bearing account managed by an appointed escrow agent. This agent holds and disburses monies as per User’s instructions communicated through the Platform. The Company only receives its entitled platform and other agreed fee and has no control or ownership over the prize pool amount.
11.6 Each User will have multiple sub-wallets on the Platform linked to their Account: (i) Deposit Wallet: real money maintained by the User to play Games for use on the Platform including Cashbacks contains instant cashback credited, (ii) Winnings: to receive the prize monies from the Games and Contests from time to time.
11.7 We may offer User’s temporary discount schemes (e.g., Bonus) governed by specific terms. These schemes can be applied to offset platform fees or entry contributions. However, they are non-transferable, non-cashable, subject to expiry, and only redeemable under qualifying conditions. The Company may modify or revoke such offers at its discretion. Read the offer terms carefully.
11.8 For game participation, debits are processed in chronological order of credit into the User’s Deposit wallet. In the absence of sufficient balance in the Deposit Wallet, the required amount shall be set-off from the Winnings of the User, subject to applicable terms and conditions and laws. Amounts in the Deposit Wallet maintained by the User cannot be withdrawn and may only be used for participation on the Platform. All winnings from such participation shall be credited to the Winnings Wallet of the respective User.
11.9 Winnings may be withdrawn by submitting a request through the Platform, subject to KYC, necessary bank checks and other verifications as deemed necessary by us or mandated by applicable laws. Upon approval, the Company shall process the payment. A processing fee and TDS shall apply to such withdrawals and the same shall be communicated to You at the time of withdrawal. Winnings once credited must not be double-utilized, and in case of duplicate credits, the Company reserves the right to reverse or recover the excess.
11.10 By accessing or using the Platform, Users expressly consent to the handling of funds through the, PG, escrow agent, application of GST, use of stored payment data, and terms governing discount schemes. In exceptional cases, the Company may refund amounts after deducting cancellation charges and taxes. Winners will be contacted via registered mobile number and must complete the required KYC formalities to claim winnings.
12.1 You hereby expressly consent to the transfer of Your gameplay money balance(s) from the bank account of the existing escrow agent, which may be operated by a third party, an agent, or any external escrow agent appointed by the Company. These gameplay money balance(s) shall remain available for Your use on the Platform, and such transfer shall be solely for the purpose of ensuring efficient pooling and utilization of funds in accordance with applicable laws and industry standards.
12.2 Notwithstanding anything contained in these Terms or in any other policies of the Platform, but subject always to applicable laws, if You have set-up funds into Your Account and no financial transaction (deposit, withdrawal, or participation in gameplay involving monetary stakes) has been initiated by You for a continuous period of twelve (12) months, the Company reserves the right to forfeit any unused balance remaining in Your Account. Upon such forfeiture, Your Account shall be deemed closed, and You shall have no further claim to the forfeited amount. The Company shall not be liable to refund or reinstate any forfeited balance under any circumstances.
12.3 The Company shall issue a prior notice of forty-five (45) days through SMS or such other means that the Company deems fit before such a forfeiture takes place, informing You of (a) the balance lying unused in Your Account, and (b) the scheduled date of forfeiture.
12.4 In the event that You neither initiate a transaction nor raise a request for withdrawal/refund during such notice period, You shall be deemed to have voluntarily consented to the forfeiture of such balance.
12.5 Upon such forfeiture, You shall cease to have any claim over the forfeited amount, and the Company shall not bear any liability or responsibility whatsoever in this regard.
13.1 We are firmly committed to ensuring a safe, secure, and fair gaming environment for all Users on the Platform. We strongly believe that the credibility and success of the Platform depend on the fairness and integrity of Our gameplay, and as such, We have implemented rigorous compliance mechanisms. All Games and gameplay activities are monitored by an internal compliance team and supported by automated detection systems that can track suspicious gameplay behaviour, identify patterns of collusion, and detect unfair practices. This is essential for maintaining the trust of the community and ensuring that only skilful, rule-abiding Players are rewarded.
13.2 Users are strictly prohibited from engaging in any form of collusion, cheating, or fraudulent behaviour while using the Platform. This includes, but is not limited to, colluding with other Players to influence the outcome of a match / Game / Contest, using multiple accounts to gain an unfair advantage, exploiting bugs or software glitches, using bots or third-party tools to manipulate gameplay, and intentionally losing games to benefit another Player or other similar acts. Additionally, Users must not misrepresent their identity, impersonate other individuals, or create fake accounts for the purpose of manipulating outcomes of the Games, the policies of the Platform / Games or evading sanctions or any applicable laws. Any attempt to interfere with the natural course of the Game / Contest or its competitive balance will be deemed a serious violation of Our fair play standards.
13.3 If a User is found to be involved in any of the activities mentioned above, or any other behaviour that contravenes the principles of fair play and integrity, the Company reserves the absolute right to take strict disciplinary or legal action. Such action may include, but is not limited to, suspension or permanent deactivation of the User’s Account, forfeiture of all wallet balances (including winnings, deposits, and bonuses), cancellation of pending withdrawals, imposition of monetary penalties and /or reporting to the enforcement or regulatory authorities. The Company may, at its sole discretion, block access to the Platform without providing any prior notice to the User. In the most severe cases, the Company also reserves the right to initiate civil or criminal proceedings against the violator, depending on the nature and extent of the misconduct.
13.4 The Company has a zero-tolerance policy toward money laundering, benami transactions and financial fraud and other acts of similar nature. Repeated or large-value deposits and withdrawals made without corresponding gameplay activity are strictly prohibited and considered potential indicators of money laundering. Any such activity will trigger an internal investigation, and if found guilty, the User’s Account may be frozen, and a penalty fee may be imposed. Additionally, Users found transferring money between accounts via collusion or any behaviour indicative of breach of applicable laws or policies of the Platform shall face account confiscation, forfeiture of funds, and permanent blocking from the Platform.
13.5 To maintain a transparent and trustworthy environment, We urge all Users to be vigilant and report any suspicious activities or misconduct observed during gameplay. Whether it is collusion between opponents, use of automated software, or attempts to unfairly influence the outcome of a game, Users can contact us as per the details provided under the “Contact Us” section on the Platform. All reports will be treated with strict confidentiality and investigated thoroughly. Community involvement is essential in ensuring that fraudulent Users do not undermine the gaming experience of genuine Players. The Company greatly appreciates such proactive cooperation from its Users.
13.6 By registering on the Platform and/or using any of its Services, including App, APIs, and related sub-domains, Users expressly authorize the Company and its representatives to contact them via email, SMS, phone call, social media or third-party messaging apps like WhatsApp. These communications may relate to gameplay support, service notifications, promotional offers, or policy updates. This consent remains valid irrespective of whether the User’s contact number is listed under any Do Not Disturb (DND), Do Not Call (DNC), or National Customer Preference Register (NCPR) service. Users acknowledge and agree that such communication is necessary to ensure a smooth and informed experience on the Platform and shall remain in force until the User deregisters from the Platform or explicitly opts out in writing.
14.1 The Platform and its Games comprises a unique blend of digital content created and curated by the Company. All intellectual property rights (“Intellectual Property Rights”) in the Platform, the Content and its underlying software are exclusively owned and/or lawfully licensed to the Company or its affiliates and partners. Users are strictly prohibited from copying, modifying, distributing, transmitting, publicly displaying, publishing, creating derivative works of, or otherwise exploiting any part of the Platform or its Content without the prior written consent of the Company. Nothing in these Terms grants any User ownership or proprietary interest in any portion of the Platform, including its games or features.
14.2 We respect the intellectual property rights of all third parties and expect Our Users to do the same. Any names, logos, trademarks, copyrights, proprietary material, or brand identifiers that appear on the Platform and are owned by third parties are duly recognized as the intellectual property of their respective owners. The Company disclaims all ownership over such third-party content and shall not be held responsible for any disputes or claims arising from their unauthorized use by Users. Any issues, claims, or complaints regarding third-party intellectual property must be directed to the rightful owners of such content, with a copy of such correspondence marked to the Company for notice purposes.
15.1 No Implied or Express Warranties: The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, related to the underlying software and the Platform. All content, services, and features are made available to You strictly on an “as is” and “as available” basis. We make no representations or warranties regarding the suitability, reliability, availability, accuracy, or completeness of any part of the Platform, including the Game(s), for any particular purpose. You acknowledge that Your use of the Platform is entirely at Your own risk.
15.2 Risk of Use and No Guarantees of Service: You understand and agree that accessing and using the Platform, including participating in Games and Contests, engaging with in-game content, and using any other Service provided is undertaken solely at Your own risk. To the fullest extent permitted by applicable law, the Company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, security, compatibility, or error-free or uninterrupted service. We do not guarantee that the Platform will be free of bugs, malware, security vulnerabilities, or other harmful components.
15.3 No Authority to Extend Warranties: No employee, agent, representative, or affiliate of the Company or the Platform is authorized to provide any warranty, representation, or assurance not expressly stated in these Terms. Any such unauthorized promise shall not bind the Company. No employee, agent, representative, or affiliate of the Company or the Platform shall demand monies or cash from You.
15.4 Events Beyond Our Control: Without limiting the generality of the foregoing, and to the fullest extent permitted by applicable law, the Company shall not be liable for any loss, damage, delay, or disruption arising out of circumstances beyond its reasonable control. This includes but is not limited to: acts of God, government actions, pandemics, internet or network failures, hardware malfunctions, software errors, distributed denial of service (DDoS) attacks, cyber intrusions, data corruption, labour strikes, riots, war, terrorism, or any other external force or third-party act that disrupts Your access to the Platform or gameplay.
15.5 Exclusion of Unstated Representations: You agree that You are not relying upon any statement, assurance, or representation, whether made innocently or negligently, that is not expressly set forth in these Terms. Accordingly, You waive any claim for misrepresentation or misstatement that is not embodied in the contractual language herein.
15.6 Scope of Liability Exclusions: The disclaimers and limitations outlined in this section apply regardless of the basis of liability, whether in contract, tort, negligence, strict liability, or otherwise, and regardless of whether the Company was advised of the possibility of such damage. However, nothing in these Terms shall exclude liability for death or personal injury resulting from the Company’s negligence, or for fraudulent misrepresentation, where such exclusions are not legally permitted.
15.7 No Guarantee of Continuous Access: The Company does not guarantee uninterrupted access to Your Account or continuous availability of the Platform or Services or any part thereof. You acknowledge that system maintenance, upgrades, or technical issues may occasionally limit or suspend access, temporarily or otherwise, without notice or liability.
15.8 Assumption of Financial Risk in Gameplay: You acknowledge that participation in Games may involve financial risk, including the potential financial loss. You voluntarily assume full responsibility for such risks and understand that the outcome of any game depends on strategic skill and user decision-making. The Company provides no guarantee of winnings, rewards, or positive outcomes and disclaims all liability for losses incurred during gameplay.
15.9 Responsibility for Software Installation and Usage: You are solely responsible for any consequences that may arise from downloading or installing software associated with Our Services on Your device. This includes any damage, data loss, or performance issues. The Company disclaims all liability arising from such software installation, including any delays or failures in access, performance, or result.
15.10 System and Hardware Limitations: You accept full responsibility for ensuring that Your device and internet connection are compatible with the requirements of the Services and Platform. The game’s performance depends significantly on Your hardware and connectivity. You also assume responsibility for any maintenance or repair costs arising due to Your use of the Platform. The Company does not accept liability for technical deficiencies resulting from Your setup.
15.11 No Liability for User-Generated or Third-Party Conduct: You specifically agree and acknowledge that the Company shall not be held liable for:
a) defamatory, offensive, or illegal conduct by any other user or third party;
b) unauthorized access to Your Account or misuse thereof;
c) losses due to internet transmission failures or hacking;
d) interruptions, data corruption, or technological faults beyond Our control; and
e) inaccuracies or outdated information or statistics provided on the Platform.
16.1 You agree to indemnify, defend, and hold harmless the Company (including its directors, officers, shareholders, employees, agents, licensors, service providers, and affiliates) from and against any and all losses, claims, liabilities, damages, demands, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
a) Your breach of these Terms, or any representation, warranty, or covenant contained herein;
b) Your use of the Platform in violation of applicable laws, or with intent to deceive, defraud, cheat, mislead, or solicit unauthorized business or consideration from another User;
c) Any third-party claim arising out of Your breach of applicable laws, including local/state laws restricting online skill gaming;
d) Your conduct, content, or interactions on the Platform, including posting or sharing of unlawful, defamatory, misleading, or infringing material;
e) Use of the Platform or the Games or any part thereof from a Restricted Jurisdiction;
f) Any misuse of Your Account by a third party, whether or not authorized by You;
g) Any user-generated content (including chat, messages, or gameplay moves) submitted through Your Account;
h) Unauthorized use of Your credentials leading to actions or transactions through Your Account;
i) Our use of information provided by You, including any content, data, or declarations made during registration, gameplay, or communication with us;
j) Any income tax demand (including tax, interest, penalties, or any liability under the Indian Income-tax Act, 1961) arising due to Your non-disclosure, misrepresentation, or failure to comply with the tax obligations in connection with Winnings or game participation. Any such amounts may be debited from Deposit and Winnings Wallets.
16.2 Your indemnity obligations under this Clause shall survive the termination of these Terms and Your use of the Platform. You acknowledge that this obligation remains enforceable even after You cease using the Platform or delete Your Account.
17.1 You expressly understand and agree that, to the maximum extent permitted under applicable law, the Company, including its affiliates, officers, directors, employees, licensors, agents, and representatives, shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages or losses whatsoever. This includes, but is not limited to, injury, claim, loss of income, loss of profits, loss of data, loss of opportunity, goodwill, use, or other intangible losses, even if the Company has been advised of or could have foreseen the possibility of such damages.
17.2 Such damages may arise out of or relate to:
a) Your use of, or inability to use, the Games, Services, Application, Website, Platform or any of its features;
b) Any unauthorized access to or use of Our secure servers and/or any personal or financial information stored therein;
c) Any interruption or cessation of transmission to or from Our services;
d) Any bugs, viruses, or similar harmful elements that may be transmitted via the Platform by any third party; or
e) Any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of Your use of any Content posted, emailed, transmitted, or otherwise made available via the Platform.
17.3 To the maximum extent permitted under applicable law, You agree that any legal claim or cause of action arising out of or related to these Terms, Your use of the Platform, or participation in the game(s), must be initiated within one (1) year from the date the cause of action arose subject to a minimum aggregate limit of INR. 1000/- per User.
17.4 The Company shall not be responsible for delays, system interruptions, or service unavailability due to maintenance, server issues, or failures beyond its control. As the Games available on the Platform, are an online skill-based strategy game, You acknowledge that game outcomes, including Winnings, may be impacted by real-time decision-making, internet connection, hardware performance, and Your strategic ability. We are not responsible for any gameplay decisions or outcomes resulting in perceived or actual loss.
18.1 We reserve the right, in Our sole discretion, to suspend, restrict, or terminate Your access to all or part of the Platform at any time without notice or liability. This may include discontinuing access to Your Account, revoking Your right to use certain features, deleting Content, or suspending access to the Games in whole or in part. While We generally exercise this right only in cases of a breach of these Terms, unlawful activity, fraud, or misuse of the Platform, We reserve the right to act in situations where We believe Your conduct poses a threat to other Users, the integrity of the Platform, or the reputation and business, financial or other interests of the Company.
18.2 Post-Termination Obligations: Upon termination of Your Account or these Terms:
a) You must immediately cease all use of the Platform;
b) You shall destroy all downloaded materials or copies obtained through the Platform;
c) You acknowledge that We may retain Your data as per Our Privacy Policy and applicable data retention laws; and
d) You agree that the Company shall not be liable for any suspension, loss of access, or deletion of Your Account or data pursuant to such termination.
18.3 Your acceptance of these Terms constitutes Your explicit agreement and consent to these termination-related actions.
19.1 In the event You have any complaints, concerns, or grievances regarding any aspect of the Platform, including but not limited to gameplay, user conduct, payment issues, or violation of these Terms, You may raise Your grievance by contacting the designated Grievance Officer or Nodal Officer as mentioned below:
Grievance Officer: Mr Prashant Bhardwaj
Email: grievance@playfunto.com
Nodal Officer: Mr Manav Arya
Email: nodal@playfunto.com
19.2 You may escalate Your dispute directly to the Company by contacting either of the above officers. We reserve the right to modify, replace, or change the details of the Grievance Officer and/or Nodal Officer at any time, without prior notice to the Users.
19.3 Users are strongly encouraged to contact Grievance Redressal Personnels to resolve any payment-related concerns prior to initiating a chargeback or dispute with their financial institution.
20.1 These Terms, and any dispute, controversy, or claim arising from or relating to the use of the Platform or the Services (including the games), including their interpretation, validity, enforceability, performance, and termination, shall be governed and construed in accordance with the laws of India, without reference to its conflict of laws principles. The courts located in Gurugram, Haryana, shall have exclusive jurisdiction over any proceedings relating to such disputes, including interim or injunctive relief, except as otherwise provided in the arbitration clause below.
21.1 In the event of any dispute, claim, or disagreement arising out of or in connection with these Terms, the Platform, or the Services, the party asserting the dispute shall issue a written notice (“Dispute Notice”) to the other party clearly setting forth the facts, grounds, and relief sought. Upon receipt of such Dispute Notice, both parties shall use reasonable efforts to resolve the dispute amicably through discussions and negotiations within a period of fifteen (15) days.
22.1 If the dispute cannot be resolved amicably within the stipulated period as provided in Clause 21, such dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be conducted as follows:
a) The seat and venue of arbitration shall be Gurugram, Haryana, India.
b) The arbitration proceedings shall be conducted in the English language.
c) The parties shall mutually appoint a sole arbitrator within fifteen (15) days from the expiry of the amicable settlement period. Failing such mutual appointment, the arbitrator shall be appointed in accordance with the applicable rules under the Arbitration and Conciliation Act, 1996.
22.2 The award rendered by the arbitrator shall be final and binding on both parties. Each party shall bear its own legal and professional costs incurred during arbitration. The fees and expenses of the arbitrator shall be shared equally by both parties unless otherwise determined by the arbitrator in the final award.
22.3 The arbitrator shall have the authority to grant interim, interlocutory, and final relief, including but not limited to injunctions, specific performance, and monetary damages, as deemed appropriate. The arbitrator shall provide a reasoned award in writing. Any interim or final award passed by the arbitrator may be enforced in the appropriate court of competent jurisdiction at Gurugram, Haryana.
22.4 Notwithstanding anything contained herein, the Company shall have the right to approach any court of competent jurisdiction in Haryana for seeking equitable or injunctive relief, temporary or permanent, including but not limited to orders to protect its intellectual property, confidential information, or business interests. Seeking such relief shall not be deemed as a waiver of the right to pursue the dispute through arbitration as mentioned above.
23.1 Testimonial Terms: The Company may, with Your consent, record or collect testimonials in the form of video, audio, images, or written content that feature Your name, voice, likeness, or experience with Our Services (collectively, the “Recordings”). These submissions are voluntary, and You acknowledge that all intellectual property rights in the Recordings shall belong exclusively to the Company. You grant us a perpetual, royalty-free license to use, modify, publish, or distribute the Recordings, in whole or in part, for marketing or promotional purposes across any media, globally and without restriction. You waive any right to inspect or approve how Your testimonial is used and agree not to challenge its use as long as it aligns with this clause. The Company is not obligated to use Your testimonial and retains full discretion regarding its publication or display.
23.2 Third-Party Content and Services: The Platform may include links or content from third-party websites and services. These are provided for Your convenience only, and the Company neither endorses nor controls such third-party platforms. Any interactions, transactions, or communications You engage in with these third parties, such as payment processors or service vendors, are entirely at Your own risk and subject to their respective terms and policies. We are not liable for any issues, losses, or disputes arising from these external dealings. Similarly, while third-party content may appear on the Platform, We do not guarantee its accuracy or quality and advise You not to rely on it for gameplay or decision-making.
23.3 Disconnection and Technical Failures: Once a Game, Contest or tournament has started, the Company is not responsible for disconnections or gameplay interruptions caused by issues on Your end or other events beyond Our control, such as weak internet, device failures, or power outages. In such cases, no refund will be issued. However, if a technical issue originates solely from Our servers, such as a crash or platform-wide error solely attributable to Our acts, the affected game may be cancelled, and Your participation fee will be refunded automatically. We are not responsible for any potential winnings lost due to such disruptions. The Company also bears no liability for lag, freezing, or disconnections caused by external networks or Your device configuration or for any other factors beyond its control.
23.4 Legal Compliance and Risk Assumption: The Company endeavours to restrict access to the Platform from jurisdictions where online skill-based gaming is restricted or prohibited. However, due to rapidly evolving laws, We may not always be immediately aware of changes in local laws applicable to Your location. It is Your sole responsibility to ensure that accessing and participating in Platform or any game thereupon is legally permissible in Your jurisdiction. You agree to indemnify the Company for any penalties, claims, or liabilities arising from Your failure to comply with local laws or misrepresenting Your location or eligibility.
23.5 Survival of Certain Clauses: Even after termination of these Terms or Your Account, the provisions relating to Your representations and warranties, indemnities, limitation of liability, user content, dispute resolution, governing law, jurisdiction, and confidentiality will continue to remain in full force and effect.
23.6 Agreements with Escrow Agent, as applicable: Company shall enter into separate agreements with Agent/s for regulating their inter-se contractual obligations to give effect to these Terms from time to time, as it considers appropriate and necessary in its sole discretion. The Users are not and shall not be regarded as beneficiaries of such agreements. The Users shall have no privity of contract in connection with such agreements with the Company and Agents.
23.7 Publicity: Acceptance of a prize by the Winner constitutes permission for Company, and its affiliates to use the winner’s name, likeness, voice, and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and/or additional compensation whatsoever. The winners further undertake that they will be available for promotional purposes as planned and desired by Company without any charge. The exact dates remain the sole discretion of Company. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.