TERMS AND CONDITIONS

LAST UPDATED: Wednesday, July 19, 2023

1 INTRODUCTION
Welcome to [ENTER COMPANY NAME],we are a company based in India. These Terms and Conditions regulate the use and access of our mobile application, www.spikecards.com,media form, media channel, mobile website, and related, linked, or otherwise connected thereto (collectively the “Platform”).For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise.
These Terms and Conditions, Privacy Policy, Virtual Coins Policy,Acceptable Use Policy, Limitation of Liability Statement, General risk Disclosure,Cookie Policy, and other additional terms we make available on the Platform from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Platform. By clicking “Accept” when prompted or making an Account or, using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must stop using the Platform.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between [ENTER COMPANY NAME] (hereinafter referred to as “Spike Cards”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).

2 THE SERVICE
Spike Cards offers online games including Rummy, Satte Pe Satta, and Mendi (collectively “Games”). All the aforementioned games can be accessed and played on our mobile application available on the Apple App Store and Google Play Store. Spike Cards games are purely for entertainment purposes and the Platform does not allow the use of cash loading or the use of real money to place bets or otherwise engage in gambling.There are no encashable winnings or awards for playing the Games. The Games may be played by you on our Platform by purchasing or earning coins on the Platform (“Coins”). The Coins are a closed virtual currency thatis used to start/ initiatethe games. This system is akin to putting coins in retro arcade machines to play games. The Coins are not used in-game or whilst playing any of the Games.The Games are only directed to and are intended to be viewed and used by those users or visitors to the Platform who are located in jurisdictions where the use of the Games is legal.Although we do not provide any means of gambling in any form, you understand that laws regarding online gaming and playing games that may be considered gambling vary throughout the world, and it is your sole obligation to ensure that you fully comply with any law, regulation, or directive, applicable to the country you are located in with regards to the use of the Platform, and the Games. The ability to access the Platform does not necessarily mean that the Platform, Games,and/or your activities via the Platform, are legal under the laws, regulations, or directives applicable to the country you are located in.
2.1 You hereby agree and affirm with regards to your access or use of the Games:
2.1.1 you are located in a jurisdiction where it is lawful to use the Games which you access;
2.1.2 You are not located in a restricted state where accessing the Platform or the services provided through the Platform is restricted (“Restricted States”).
2.1.3 you are not under the age of 18 or the age of legal consent for engaging in or using the Games;
2.1.4 you have evaluated the laws, regulations, and directives relating to your use of the Games and your use or access to the Games will not violate any applicable law, regulation, or directive;
2.1.5 Access to our Platform and Games or any part thereof may be restricted by us from time to time in our sole decision. You confirm that you are not accessing the Platform and Games (for any reason) from any restricted state or outside India.
2.1.6 you will verify any requirements imposed by Games for its use, as may be amended from time to time;
2.1.7 you are fully aware that the Games may be addictive and require spending Coins to begin to play gameswhich means you are fully responsible for any such spending by you; and
2.1.8 your use of the Games is at your sole option, discretion, and risk. In relation to your spending, you shall have no claims whatsoever against Spike Cards, its affiliates, its licensors, or their respective directors, officers, or employees.
2.2 If you are from any of the Restricted States defined below, the laws of the Restricted States may prohibit you from utilising or accessing any of our services. We do not provide our Services to the users from these Restricted States and hence do not take any responsibility for breach of any laws of the Restricted Sates by a Restricted User.
2.3 If a user access or utilise our Platform from any Restricted States (“Restricted User”) providing false information, all liability arising out of such usage or access of our Service by the Restricted User shall be the sole liability of the Restricted User and such Restricted User shall keep us or any of our affiliates, partners or employee indemnified from any liability arising out of the usage or access of our Services by the Restricted User, which may lead to breach of any applicable laws of the Restricted States. We reserve all rights to block and terminate without any reason, any Restricted User from temporarily or permanently using our Services and confiscate any and all winnings of the Restricted User.
2.4 Restricted States include without limits Andhra Pradesh, Assam, Meghalaya, Nagaland, Odisha, Sikkim and Telangana. We reserve the right to modify and update the Restricted Sates as and when required per the applicable laws, the Users are hereby advised to periodically go through the Terms to be up to date.
2.5 The Platform does not provide any advice on the legality of online or offline games, and it is your sole responsibility to understand the gambling laws applicable to you in your jurisdiction and to comply with the same. 2.6 We do not provide any means of betting or gambling on the Platform. We do not encourage you to participate in gaming or gambling (or betting). Whether you choose to game, or gamble is your personal choice.

3 ELIGIBILITY
3.1 To use our Platform, you must:
3.1.1 complete the registration process;
3.1.2 agree to our Terms; and
3.1.3 provide true, complete, and up-to-date legal and contact information
3.1.4 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
3.1.5 By using Platform, you represent and warrant that you will use the Platform only for non-commercial purposes.
3.1.6 By using Platform, you represent and warrant that you will not use the Platform for gambling (placing bets) in any manner.
3.1.7 By using Platform, you represent and warrant that you meet all the requirements listed above and that you won’t use Platform in a way that violates any laws or regulations. Spike Cards may refuse service, close Accounts of any users, and change eligibility requirements at any time.
3.1.8 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.

4 NO GAMBLING
The Games provided by us cannot be used for gambling betting or any other similar purposes. The Games are solely provided as means of entertainment and no other purposes. Betting or staking of Coins is not allowed on the Platform. We urge you to consult a licensed specialist if you are diagnosed with any psychological issues or diseases such as compulsive gambling prior to playing the Games offered on the Platform. We shall not be liable for any issues which may arise due to your access and use of our Platform and Games.
5 GETTING COINS 5.1 Poins are used to start/ initiate the Games and are not usable in-game. You may get coins using the following methods:
5.1.1 You will receive Coins when you sign-up for an Account and agree to our Terms. This is a one-time signup gift from Spike Cards.
5.1.2 You will receive Coins by watching advertisements on the Platform. Notwithstanding anything contained herein. The number of times you can watch advertisements and receive Coins per day may be restricted by us from time to time. The number of Coins for which you become eligible per advertisement may also vary.
5.2 You also have the option to purchase Coins via the Google Play Store or the Apple App Store (collectively “App Distributors”) as applicable and you shall be subject to the terms and conditions of the App Distributors. Please read the terms and conditions/ terms of service and other related documents of the App Distributors prior to purchasing any Coins or using the Platform.
Google Play Terms of Service
Legal - Apple Media Services - Apple

6 COIN USAGE TERMS
The Coins purchased by you shall solely be used for initiation/ starting of the Games and for no other reason such as including without limits, placing bets, gambling, sale of Coins in any manner, sale of your Account, or any other similar manner (“Legal usage”).
The usage of the Coins is hereby through this reference strictly restricted to solely the Legal Usage specified in these Terms. Please read our Virtual Coins Policy prior to using our Platform.

7 PERSONAL DATA
To provide you with the Platform as mentioned in theseTerms it is required that we collect your basic information which may include your name, age, location data, email address, and phonenumber (“Personal data”). You agree that your Personal data is collected by us through your consent. Please read our Privacy Policy prior to using our Platform. 8 TERM
The Term begins as soon as you access the Platform and continues as long as you use the Platform. Clicking the button and entering your username means that you’ve officially “signed” these Terms.
9 ACCOUNT REGISTRATION
9.1 To access the Platform, you need to register for a user account on the Platform (“Account”). For continuous access to our Platform, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account. 9.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
9.3 You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device. 9.4 You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform or through a request made on our Platform.
9.5 You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.

10 PROHIBITED ACTIVITIES
10.1 As a user of the Platform, you agree not to: 10.1.1 systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
10.1.2 make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user Accounts by automated means or under false pretences.
10.1.3 use a buying agent or purchasing agent to make purchases on the Platform.
10.1.4 use the Platform for advertising or offering to sell goods and services.
10.1.5 circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Platform Content or enforce limitations on the use of the Platform and/or the Platform Content or Content contained therein.
10.1.6 engage in unauthorized framing of or linking to the Platform.
10.1.7 trick, defraud, or mislead us and other users of the Platform, especially in any attempt to learn sensitive account information such as user passwords;
10.1.8 make improper use of our support services or submit false reports of abuse or misconduct.
10.1.9 engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10.1.10 interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
10.1.11 attempt to impersonate another user or person or use the username of another user.
10.1.12 sell or otherwise transfer your profile.
10.1.13 use any information obtained from the Platform in order to harass, abuse, or harm another person.
10.1.14 use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Platform Content for any revenue-generating endeavour or commercial enterprise.
10.1.15 attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
10.1.16 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
10.1.17 delete the copyright or other proprietary rights notice from any Platform Content.
10.1.18 copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
10.1.19 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
10.1.20 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
10.1.21 except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
10.1.22 disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
10.1.23 use the Platform in a manner inconsistent with any applicable laws or regulations.
10.1.24 You shall not add unauthorized components, create, or use cheats, exploits, bots, hacks, or any other third-party software designed to modify the Platform or Games or use any third-party software that intercepts, mines, or otherwise collects information from or through the Platform or Games or through any services. Any attempt to employ any such external assistance is strictly prohibited. Formation of teams for the purpose of collusion between you and any other user(s) for participating in Games organized on the Platform or Games or any other form of cheating is strictly prohibited.

11 SERVICE DISRUPTIONS
You may face service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Platform or due to issues with the hardware and software used by you. You understand that Spike Cards has no control over these factors. Spike Cards shall not be responsible for any interruption in Platform or Games, and you take full responsibility for any risk of loss due to interruptions for any such reason.
Spike Cards shall, where applicable, attempt to start the game when you use Coins to initiate the Games immediately once a minimum number of players join. However, Spike Cards doesn’t commit the same and there may be delays in the commencement of Games due to any reason whatsoever.

12 ANTI-MONEY LAUNDERING
It is strictly forbidden to use your Account for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Account in an attempt to abuse, exploit or circumvent the usage restrictions.
13 COPYRIGHT NOTIFICATION

If you are a copyright owner or an agent thereof and believe that any content made available via the Platform infringes upon your copyright, you may submit a notification pursuant to The Copyright Act 1957 by providing us with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please send us all notices in connection with copyright infringements to: [email protected]

14 LICENSE
Subject to the Terms, Spike Cards gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without prior express permission from Spike Cards to use, reproduce, modify, distribute, or store any Content for purposes other than using the Platform consistent with these Terms.
15 INTELLECTUAL PROPERTY RIGHTS
15.1 The Platform contains Intellectual Property of Spike Cards in the form of content, graphics, videos, audio, text, virtual currency, virtual goods, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Terms and Conditions. 15.2 You acknowledge and agree that the Platform, the names, logos, and all related products and names, design marks and slogans, and all other material comprising the Platform, are the property of Spike Cards or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks, and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Spike Cards. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Spike Cards or its third-party suppliers, as the case may be.
15.3 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Platform (“Content”). You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to use the Content, as necessary, for purposes of providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you.
15.4 You acknowledge and agree that any comments, ideas, and/or reports provided to us (“Feedback”) shall be the property of Spike Cards and you hereby irrevocably transfer and assign to Spike Cards such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
15.5 It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in section 28.

16 APPLE AND ANDROID DEVICES
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play or App Distributor(s) to access our Platform and/or Games:
16.1 the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
16.2 we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
16.3 in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
16.4 you represent and warrant that (i) you are not located in a country that is subject to a government embargo, or that has been designated as a “terrorist supporting” country, and (ii) you are not listed on any government list of prohibited or restricted parties;
16.5 you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
16.6 you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

17 EXTERNAL SERVICE PURCHASES
When making a purchase on a mobile application, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you a sales tax, which may change from time to time.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, we may terminate your Account immediately in our sole discretion, on the basis that you have determined that you do not want our subscription. In the event that your chargeback or other payment reversal is overturned, please contact us using the information at the end of this page. We will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account.

18 APPLE-ENABLED SOFTWARE APPLICATIONS
Spike Cards offers a mobile application that is intended to be operated in connection with products that are made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to our Platform and/ or Games that are made available for your use in connection with an Apple-branded product ("Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply: Spike Cards and you acknowledge that these Terms are between Spike Cards and you only, and not with Apple and that as between Spike Cards and Apple, Spike Cards, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You shall not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service. Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Spike Cards’ sole responsibility, to the extent it cannot be disclaimed under applicable law. Spike Cards and you acknowledge that Spike Cards, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringe that third party's intellectual property rights, as between Spike Cards and Apple, Spike Cards, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in any other country or jurisdiction from which you would be barred from using the Platform and/or Games by applicable law. If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Spike Cards as follows: [email protected] Spike Cards and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that Spike Cards enters into this clause (“Apple-Enabled Software Applications”) for its own benefit and on its own behalf, and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits, and remedies of Apple and its subsidiaries (but not any obligation or burden) in this clause (“Apple-Enabled Software Applications”) which rights, benefits, and remedies shall be enforceable by Spike Cards in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. Spike Cards may amend, terminate, or rescind these Terms without the consent of Apple or any such subsidiary.

19 MOBILE PLATFORM SERVICES; CARRIER CHARGES
The Platform may include certain features that are made available via a mobile device that may enable you to include without limits send content, access the Platform, and access certain items through an application downloaded and installed on a mobile device (“Mobile Platform Services”).To the extent, you access Mobile Platform Services, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Platform Services may be prohibited or restricted by your applicable carrier, and not all Mobile Platform Services may work with all carriers or devices. By using the Mobile Platform Services, you acknowledge and agree that we may communicate with you by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Platform Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. If you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.

20 THIRD-PARTY SERVICES
The Platform provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third-party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

21 TERMINATION
We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Accountif you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke the license granted under Section 14, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. All fees paid hereunder are non-refundable. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability, and indemnification.

22 RELEASE
To the maximum extent permissible by applicable law, you hereby absolutely release Spike Cards and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.

23 GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of theseTerms shall be governed by and interpreted in accordance with the laws of India applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts with respect to any matter or claim, suit, action, or proceeding arising under or related to these Terms. Any dispute concerning the subject matter of theseTerms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.

24 IRREPARABLE HARM
You acknowledge and agree that your breach of any of the Terms could cause irreparable harm to us. Without affecting any other rights and remedies that we may have and despite anything to the contrary in the Terms, you hereby acknowledge and agree that damages would not be an adequate remedy for any breach by you of the provisions of the Terms, and that we shall be entitled to remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of the provisions of the Terms and that no proof of special damages shall be necessary for the enforcement of the Terms.

25 ASSIGNMENT
We reserve the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, without your consent: (i) to any entity within the same corporate group as Spike Cards, or (ii) in the event of a merger, sale of assets or other similar corporate transaction in which Spike Cards may be involved in. You may not transfer, assign, sublicense, or pledge in any manner whatsoever any of your rights or obligations under the Terms.

26 MODIFICATION.
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications. When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.

27 MISCELLANEOUS
27.1 Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
27.2 Incorporation of all documents: ThePrivacy Policy, Virtual Coins Policy,Acceptable Use Policy, Limitation of Liability Statement, General risk Disclosure,Cookie Policy, and other additional terms we make available on the Platform as amended from time to time are hereby through this reference an integral part of these Terms and Conditions.
27.3 Relationship of the parties. You and Spike Cards are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship with you nor any fiduciary duty.
27.4 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic, or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
27.5 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable, or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
27.6 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Terms. Notices to us shall be sent by email to [email protected]. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
27.7 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
27.8 Interpretation. The headers are provided only to make these Terms easier to read and understand.

28 CONTACT
You may get in touch with us through our Platform or the address given below:
[ENTER COMPANY NAME],
[ENTER COMPANY ADDRESS],
[email protected]