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BALL DASH! TERMS OF USE

EFFECTIVE DATE: 3 APRIL 2026

LAST UPDATED: 26 APRIL 2026

These Terms of Use (these “Terms”) constitute a legally binding agreement between Akshit Sharma (“we,” “us,” or “our”) and any natural person or legal entity accessing, downloading, installing, using, or otherwise interacting with Ball Dash!, also referred to as “Ball Dash” (the “Game”). By accessing or using the Game in any manner whatsoever, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately discontinue all access to and use of the Game.

1. Scope and Applicability

1.1. These Terms govern all access to, use of, and participation in the Game, including, without limitation, gameplay systems, multiplayer functionality, chat functionality, trading systems, marketplace functionality, virtual items, in-app purchases, subscription features, advertising integrations, creator-code functionality, and any related content, services, features, updates, patches, upgrades, modifications, or communications made available by us in connection therewith.

1.2. These Terms apply in addition to, and not in substitution for, any applicable terms, policies, conditions, billing rules, refund frameworks, or platform requirements imposed by the relevant app marketplace, device provider, payment processor, or operating system provider through which the Game is distributed or accessed.

1.3. To the extent of any inconsistency between these Terms and any mandatory provision of applicable law, the latter shall prevail solely to the minimum extent required.

2. Eligibility and Capacity

2.1. You represent and warrant that you have the legal capacity, authority, and right to enter into these Terms and to perform your obligations hereunder.

2.2. You shall not access or use the Game where such access or use is prohibited by applicable law, regulation, sanction, or platform rule.

2.3. If you are a minor or otherwise lack full contractual capacity under the laws applicable to you, access to and use of the Game shall occur only with the knowledge, supervision, and legally sufficient consent of your parent or lawful guardian, who shall be responsible for your acts and omissions in connection with the Game to the extent permitted by law.

3. Grant of Licence

3.1. Subject to your strict and continuing compliance with these Terms, we grant to you a personal, limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable licence to download, install, access, and use the Game solely for your own private, non-commercial entertainment purposes.

3.2. The foregoing licence confers only a limited right of use and does not operate as a sale, assignment, transfer, or conveyance of any ownership, title, or proprietary interest in or to the Game or any component thereof.

3.3. All rights not expressly granted herein are reserved by us and our licensors.

4. Restrictions on Use

4.1. You shall not, directly or indirectly, and shall not permit, procure, encourage, or assist any third party to:

4.2. Any act or omission falling within the foregoing restrictions shall constitute a material breach of these Terms.

5. User Interaction Features; Multiplayer, Chat, Trading, and Marketplace

5.1. The Game may include or enable user-facing and user-interactive features, including multiplayer gameplay, chat, messaging, trading, offers, listings, and marketplace functionality.

5.2. By using any such features, you acknowledge and agree that interactions within the Game are initiated at your own risk and discretion and that other users may view, receive, respond to, or rely upon your in-game name, profile identifiers, chat communications, trade activity, listings, offers, and related conduct.

5.3. We do not pre-screen, endorse, guarantee, or assume responsibility for the conduct, statements, omissions, transactions, representations, or reliability of any user. Without limiting the generality of the foregoing, we disclaim responsibility for scams, abusive conduct, misleading statements, failed transactions, marketplace disputes, harassment, or other user-generated activity, to the maximum extent permitted by law.

5.4. We reserve the right, but not the obligation, to monitor, log, review, investigate, moderate, filter, remove, restrict, suspend, or otherwise act upon any user content, communication, trade, listing, or activity where we determine, in our sole or reasonable discretion as applicable, that such action is necessary or appropriate to enforce these Terms, preserve gameplay integrity, protect users, protect systems, prevent abuse, respond to legal process, or comply with applicable law.

5.5. We may cancel, reverse, limit, freeze, invalidate, or otherwise adjust trades, marketplace actions, listings, or related outcomes where fraud, abuse, exploitation, technical malfunction, chargeback exposure, policy breach, or other integrity concerns are reasonably suspected.

6. Virtual Items, Digital Entitlements, and In-Game Currency

6.1. The Game may contain virtual currency, cosmetics, unlocks, upgrades, consumables, rewards, battle-pass-type entitlements, and other in-game digital content or features, whether earned, granted, purchased, or otherwise made available (collectively, “Virtual Items”).

6.2. Virtual Items are licensed, not sold, to you, and constitute contractual, revocable, limited-use digital entitlements within the Game ecosystem only.

6.3. Except to the extent required by applicable law, Virtual Items:

6.4. We may, at any time and without liability except where prohibited by law, modify, limit, revoke, substitute, remove, rebalance, or correct Virtual Items, inventories, balances, rewards, entitlements, or associated records where we consider such action necessary or appropriate in connection with fraud, abuse, technical defects, balancing, content changes, legal compliance, refunds, chargebacks, reversals, enforcement measures, service updates, or operational requirements.

7. Purchases, Subscriptions, Billing, and Advertising

7.1. The Game may include optional paid content, in-app purchases, recurring subscription functionality, and advertising-based monetization features.

7.2. Any payment transaction may be processed by one or more third-party platforms or intermediaries, including, without limitation, app marketplaces, payment processors, and billing agents. We do not control and are not responsible for the independent billing practices, processing timelines, fees, tax collection processes, chargeback procedures, refund determinations, or terms of such third parties.

7.3. You acknowledge and agree that pricing, availability, promotional structures, entitlements, item bundles, rewards, ad rewards, subscription benefits, and monetization design may be altered, suspended, discontinued, or reconfigured at any time.

7.4. Ad-based functionality may be unavailable, delayed, interrupted, limited, or technically impaired from time to time, and no warranty is made as to the continued availability, frequency, delivery, or rewardability of any advertisement or ad-driven mechanic.

7.5. Where any purchase, subscription, reward, entitlement, or monetization-related outcome is affected by fraud, abuse, chargeback, reversal, refund, failed payment, processing error, platform action, system malfunction, exploit, or technical defect, we reserve the right to investigate and to correct, suspend, revoke, adjust, or reverse the relevant effect, entitlement, or transaction record.

8. Content Creator Programme

8.1. We may, in our sole and absolute discretion, establish, administer, operate, modify, suspend, restrict, or terminate a Content Creator Programme for selected creators. Under such programme, an eligible creator may be assigned a unique creator code or other attribution identifier for use in connection with qualifying in-app purchase activity attributable to that creator.

8.2. Subject to the creator’s continuing compliance with these Terms, any programme-specific requirements, and any eligibility conditions communicated by us from time to time, the creator may be entitled to receive an amount equal to fifty percent (50%), or as agreed upon in writing of the Net Eligible IAP Revenue validly attributable to qualifying transactions associated with that creator’s assigned code. For purposes of these Terms, “Net Eligible IAP Revenue” means the amount of in-app purchase revenue actually received by us and properly attributable to the relevant creator code after deduction of all applicable taxes, platform commissions, marketplace fees, payment processing fees, refunds, reversals, chargebacks, disputed transactions, fraudulent purchases, invalid transactions, promotional offsets, credits, write-downs, set-offs, and any other analogous deductions, losses, adjustments, or contra-revenue items.

8.3. Payments, where payable, shall ordinarily be processed at or around the beginning of each calendar month and may be remitted via PayPal or bank transfer, in each case subject to availability, technical feasibility, applicable law, payment network restrictions, verification requirements, and any internal controls or thresholds we may prescribe. No payment shall become due or payable unless and until the relevant creator has supplied complete, accurate, and verifiable payout details and has complied with all applicable operational, verification, compliance, and documentation requirements imposed by us.

8.4. We reserve the right, in our sole discretion, to withhold, defer, suspend, offset, reduce, cancel, reverse, or claw back any creator payout, in whole or in part, where we determine, or reasonably suspect, that:

8.5. Participation in the Content Creator Programme shall not create any employment, agency, partnership, joint venture, fiduciary, or franchise relationship between us and any creator, and shall not confer any vested right, continuing status, minimum earning entitlement, guaranteed payout, guaranteed duration, or guaranteed renewal of eligibility. We may revoke creator eligibility, deactivate creator codes, alter attribution logic, amend payout methodology, or discontinue the programme in its entirety at any time, with or without notice, to the maximum extent permitted by law.

9. Investigations, Enforcement, and Protective Measures

9.1. We may investigate any conduct, transaction, communication, activity, or technical event that we believe may violate these Terms, compromise the security or integrity of the Game, harm users, or expose us or any third party to risk.

9.2. Without limiting any other remedy available to us, we may issue warnings, remove content, freeze trades, adjust inventories, disable features, restrict access, suspend accounts, terminate access, nullify gains, revoke entitlements, deactivate creator codes, or impose any other enforcement or protective measure that we deem necessary or appropriate.

9.3. Our decision to take or refrain from taking any enforcement action in a particular instance shall not waive our right to take action in the same, similar, or different circumstances thereafter.

10. Availability; Maintenance; Modifications

10.1. The Game is provided on a dynamic and evolving basis. We do not guarantee that the Game, or any part thereof, will be continuously available, uninterrupted, secure, current, accurate, compatible, or error-free.

10.2. We may at any time, without prior notice and without liability except where otherwise required by law, patch, update, rebalance, reconfigure, modify, suspend, discontinue, retire, or remove any aspect of the Game, whether temporarily or permanently, including gameplay mechanics, progression systems, rewards, monetization structures, subscriptions, advertisements, multiplayer systems, chat systems, trading systems, marketplace functionality, or creator-code features.

10.3. You acknowledge that access to the Game may be affected by maintenance, outages, service interruptions, region restrictions, platform limitations, device incompatibility, technical defects, denial-of-service conditions, network failures, and third-party dependencies.

11. Ownership; Intellectual Property Rights

11.1. The Game and all elements thereof, including, without limitation, software, code, scripts, data, functionality, audiovisual content, artwork, graphics, user interface elements, sound recordings, musical works, text, documentation, branding, logos, designs, trade dress, gameplay systems, compilation, and all associated intellectual property rights therein, are and shall remain the exclusive property of Akshit Sharma and/or the applicable licensors.

11.2. Except for the limited licence expressly granted under Section 3, nothing in these Terms shall be construed as granting to you any right, title, interest, licence, or authorization under any copyright, trademark, patent, trade secret, database right, or other proprietary or intellectual property right.

11.3. Any unauthorized use of the Game or any component thereof may constitute infringement and may give rise to civil, criminal, contractual, or equitable remedies.

12. Disclaimer of Warranties

12.1. To the maximum extent permitted by applicable law, the Game is provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis, without warranties or conditions of any kind, whether express, implied, statutory, or otherwise.

12.2. Without limitation, we disclaim all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, availability, accuracy, compatibility, system integration, security, and freedom from viruses or harmful code.

12.3. We do not warrant that the Game will meet your requirements or expectations, that operation will be uninterrupted or error-free, that defects will be corrected, or that the Game will remain available in any particular form, jurisdiction, device environment, or commercial configuration.

12.4. Nothing in these Terms shall exclude any warranty or right that cannot lawfully be excluded under applicable law.

13. Limitation of Liability

13.1. To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, consequential, special, exemplary, punitive, or aggravated damages, or for any loss of profits, revenue, business, goodwill, data, use, opportunity, or expected savings, whether arising in contract, tort, negligence, strict liability, statute, restitution, or otherwise, even if advised of the possibility thereof.

13.2. Without limiting the foregoing, we shall not be liable for losses arising from:

13.3. To the maximum extent permitted by applicable law, our aggregate liability to you for all claims arising out of or relating to the Game or these Terms shall not exceed the greater of: (i) the total amount paid by you to us in relation to the Game during the twelve (12) months immediately preceding the event giving rise to the claim; or (ii) USD 50 or its equivalent in local currency.

13.4. The foregoing limitations are fundamental elements of the basis of the bargain between you and us.

14. Indemnification

14.1. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Akshit Sharma from and against any and all claims, actions, proceedings, demands, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses, including reasonable legal fees and enforcement costs, arising out of or relating to:

15. Amendments to These Terms

15.1. We reserve the right to amend, modify, restate, supplement, or replace these Terms at any time.

15.2. Where we do so, we may publish the revised version and update the “Last Updated” date set out above. Subject to applicable law, your continued access to or use of the Game following the effective date of revised Terms shall constitute your acceptance thereof.

15.3. If you do not agree to any revised Terms, your sole remedy is to cease all use of the Game.

16. Governing Law and Jurisdiction

16.1. These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of India, excluding conflict-of-law rules.

16.2. Subject to any mandatory rights available under applicable law, the courts situated in Delhi, India shall have exclusive jurisdiction to hear and determine any dispute, controversy, claim, or proceeding arising out of or relating to these Terms or the Game.

17. Miscellaneous

17.1. If any provision of these Terms is held to be unlawful, invalid, or unenforceable, that provision shall be deemed severed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

17.2. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver thereof.

17.3. You may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, at our discretion.

17.4. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understandings, whether oral or written, relating thereto, except where additional platform-specific or programme-specific terms apply.

17.5. Social media channels, if any, are provided for informational, promotional, or community engagement purposes only and shall not, unless expressly stated by us, constitute formal support channels, contractual notice channels, or legally effective means of service or communication.

17.6. OFFICIAL COMMUNICATION CHANNELS

Unless expressly stated otherwise by us in writing, the contact email specified in Section 18 shall constitute the sole official channel for legal notices, support enquiries, and policy-related communications relating to the Game. Any social media pages, community channels, promotional accounts, messaging groups, or similar communication channels associated with the Game are provided solely for informational, promotional, or community engagement purposes and shall not constitute formal notice channels, contractual notice channels, support obligations, or legally effective means of communication.

18. Contact

For questions, notices, or support enquiries relating to the Game, you may contact:

Akshit Sharma
Email: balldash.official@gmail.com