Swag Store Terms of Service

These Terms of Service (“Terms”), together with our Privacy Policy and any applicable policies, apply to and govern your use of Swag Store, including any websites, applications, or platforms that allow users to communicate and access paid or unpaid digital services through which users may access, browse, purchase, redeem, or use digital products and related services (the “Services”).

The Services are operated by Escrow Stack Private Limited (“Escrow Stack,” “we,” “our,” or “us”). The Swag Store platform, brand elements, and certain underlying systems may be owned, licensed, or made available by Kinvrs Private Limited and/or its affiliates, including Krafton India Private Limited. Your use of the Services is also subject to our Privacy Policy and any other applicable policies or product-specific terms made available to you from time to time.

“User” or “you” means the person who uses the Services by:

• (i) accessing or using any part of the Services;
• (ii) creating an account; or
• (iii) purchasing or using paid features, where applicable.

BY CLICKING “ACCEPT” OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY.

If you are under 18 years of age, you may use the Services only with the consent and supervision of your parent or legal guardian. You represent that you are at least 18 years old to make purchases through the Services.

By using the Services, you represent and warrant that:

• (i) the information you provide is true, accurate, and complete;
• (ii) you are authorized to use the payment method used for any transaction; and
• (iii) your use of the Services will comply with applicable law and these Terms.

If you have a Company-issued account or ID (if applicable), these Terms shall coexist with, and shall not supersede, the terms that apply to such account, unless expressly stated otherwise. To the extent that the provisions of these Terms conflict with those account-specific terms, these Terms shall govern.

PLEASE NOTE: The arbitration section set forth in Section 10 requires you, except where and to the extent prohibited by law, to resolve disputes on an individual basis.

For certain products and services made available through the Services, including, but not limited to, third-party gift cards, brand vouchers, and game top-ups, we act only as an intermediary and technology platform. The underlying products and services are offered, supplied, and fulfilled by the relevant third-party brands, merchants, publishers, or service providers, and we do not own, control, create, or manufacture such third-party products or services. The underlying products and services are provided to you under the applicable terms, conditions, and policies of the relevant third-party brands, merchants, publishers, or service providers. Any issues, defects, or disputes relating to such third-party products or services will primarily be handled under those third-party terms and policies, and we may provide reasonable assistance through our customer service channels where possible.

The Services are primarily intended for users located in India. We make no representation that the Services or any content made available through the Services are appropriate or available for use outside India. If you access or use the Services from outside India, you do so at your own risk and are solely responsible for complying with all applicable laws of such jurisdiction. These Terms do not constitute, and may not be used for or in connection with, any promotional activity or solicitation in any jurisdiction where such activities are not authorized or to any person to whom it would be unlawful to make such a promotion or solicitation.

In order to use the Services on specific platforms or devices, you may also be required to accept and comply with all rules of external platforms or devices, including third-party platform terms of service and privacy policies. To the extent permitted by law, these Terms shall govern in the event of a conflict.

1. Definitions

“Account” means an account you create or use to access the Services, including any linked platform account(s).

“Communications Features” means features that allow users to communicate or interact, including text chat, voice chat, messaging, comments, likes, reactions, forums, or similar features, whether in-app, in-game, or on a related website/community.

“Digital Content” means downloadable content, in-service content, passes, entitlements, or other digital goods made available through the Services, including voucher codes, gift cards, and game top-ups.

“Paid Content” means any Digital Content, subscription, membership, Store Credit, or Virtual Items offered for a fee.

“Processor” means any third-party payment processor, app store, platform, or merchant-of-record service used to process payments.

“Rewards Point” means any Store Credit used or made available through the Services.

“Virtual Items” means virtual goods, items, cosmetics, tokens, consumables, or other virtual entitlements used or made available through the Services.

“Store Credit” means any virtual credits, points, cashback balance, or similar non-cash value made available through the Services, if any.

2. Amendments, Updates and Changes

(a) The Company may change or update these Terms at any time, to the extent permitted by applicable law. Updated Terms will be effective when they are posted within the Services, unless a later effective date is specified. Material changes will be brought to your attention as determined by the Company. If any changes are unacceptable to you, you may stop using the Services. Your continued access to or use of the Services after the updated Terms become effective will constitute your acceptance of the updated Terms.

(b) The Company may update, modify, suspend, or discontinue any part of the Services, in whole or in part, without prior notice, to the extent permitted by law. Where reasonably practicable and required by applicable law, we will provide notice of any material suspension or discontinuation.

3. Prohibited Uses

The Services are provided for lawful, personal, and non-commercial use only. You may not purchase, redeem, or use any items, rewards, or benefits through the Services for resale, brokering, or to provide purchasing services to any third party, whether directly or indirectly. You agree not to engage in conduct that violates these Terms or applicable laws. You shall not, and shall not attempt to:

• (a) use the Services for unlawful, fraudulent, or abusive purposes, including any use that is intended to or likely to mislead, defraud, or otherwise harm the Company, other users, third-party issuers, and/or payment partners;
• (b) harass, threaten, exploit, or harm others, including through communications, or use any information obtained through the Services to harass, abuse, or harm other persons or users;
• (c) post, share, or transmit content that is illegal, defamatory, hateful, sexually explicit, harmful to minors, or otherwise objectionable;
• (d) infringe intellectual property, moral rights, privacy, data protection, or other rights of the Company or any third-party, including by uploading, using, or distributing content without sufficient rights or permissions;
• (e) impersonate any person or entity, including the Company or its representatives, or use other user’s account or credentials without authorization;
• (f) distribute malware, viruses, or other malicious code, or attempt to probe, scan or test the vulnerability of, or otherwise interfere with the security or operation of the Services or any related systems or networks;
• (g) engage in spam, unsolicited or unauthorized advertising or promotional communications, phishing or other deceptive practices, or any fraudulent, excessive, or abusive payment, chargeback, including the use of stolen or unauthorized payment methods, manipulation of promotions, discounts, or loyalty programs, or abuse of any refund, return, or correction process;
• (h) access or use the Services in a manner that negatively impacts other users or the integrity of the Services, including using any automated means (such as bots, scripts, or scrapers) to access, monitor, or interact with the Services; excessively burdening the Service infrastructure; or attempting to circumvent any technical, security, or access control measures;
• (i) violate any applicable law, regulation, or platform rule, or any app store or distribution platform rules or policies that apply to the Services.

Any conduct, whether or not expressly listed above, that negatively impacts the Services, the Company, or other users may result in enforcement action, which may include, without limitation, removal of content, restrictions on certain features, suspension or termination of your access, the reversal, cancellation, refusal, delay, or suspension of transactions as reasonably necessary for fraud prevention, security, or legal compliance, and cooperation with law enforcement or other authorities.

4. Accessing the Services

The Services may be unavailable from time to time due to maintenance, updates, technical issues, or other reasons. Availability may vary by geographic location, and certain features or Services may be offered only in specific countries or regions. The Company may restrict, suspend, or terminate access to the Services, in whole or in part, for specific users or regions, at its discretion and to the extent permitted by law.

You are responsible for maintaining the confidentiality and security of your account credentials and devices. Unless prohibited by law, we are not liable for losses resulting from unauthorized access to your Account caused by your failure to safeguard your credentials or devices. If you suspect unauthorized activity, you must promptly notify us and, where applicable, your bank, Processor, or platform provider.

5. Intellectual Property Rights

(a) You acknowledge that all rights, title, and interest in and to the Services, including but not limited to all software, designs, features, content, and documentation (“Company Content”), are owned by the Company or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services and Company Content solely for your personal, non-commercial use in accordance with these Terms. Except as expressly permitted, you may not copy, reproduce, publish, modify, distribute, or create derivative works based on Company Content.

(b) All trademarks, marks, logos, and names (collectively, “Trademarks”) displayed in the Services are registered or unregistered Trademarks of the Company or third parties. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed in the Services without the express written permission of the Company or the applicable third party that owns such Trademarks. Your use of any Trademarks or any other content in the Services in violation of these Terms is strictly prohibited.

6. Payments, Virtual Items, Subscriptions, and Refunds

(a) Paid Features and Billing. Certain features of the Services may require payment, including purchases of digital items, reward points, or other paid offerings (collectively, “Paid Content”). When you purchase Paid Content, you authorize us and our Processor(s) and platform partners to charge your selected payment method for the full amount displayed at checkout, including applicable taxes and charges.

(b) Processors and Platform Rules. Your transactions may be processed by a Payment Processor and may be subject to the Processor’s and the applicable platform’s terms, policies, and verification procedures. The Payment Processor or the platform may approve, decline, suspend, or reverse authorization for a transaction in accordance with its risk policies, legal obligations, and technical requirements. We are not responsible for any acts or omissions of a Payment Processor that are outside of our reasonable control.

(c) Transaction Authorization and Finality. By submitting payment details and confirming a purchase, you represent and warrant that you are authorized to use the selected payment method and you authorize the transaction. Except where and to the extent required by applicable law or a third-party platform’s mandatory refund policy, transactions are final once initiated and successfully processed. You are responsible for reviewing purchase details before confirming the transaction, including the selected item, amount, and the account to which the Paid Content will be delivered.

(d) Taxes, Fees, and Charges. You are responsible for all taxes, duties, currency exchange fees, bank fees, carrier charges, data charges, and any other applicable charges or fees associated with your purchases, except to the extent we expressly state otherwise in writing. Prices and applicable taxes (including GST, if any) will be shown at checkout or as otherwise displayed in the Services.

(e) Account Security and Unauthorized Transactions. You are responsible for maintaining the confidentiality and security of your account credentials and devices. Unless prohibited by law, we are not liable for losses resulting from unauthorized access to your account caused by your failure to safeguard your credentials or devices. If you suspect unauthorized activity, you must promptly notify us and, where applicable, your bank, Payment Processor, or platform provider. Nothing in this section limits any rights you may have under applicable law, including consumer protection and payment-related laws.

(f) Fraud, Abuse, and Suspicious Transactions. We may, in our sole discretion, place a hold on, delay, suspend, cancel, or refuse to process any transaction if we reasonably suspect fraud, money laundering, payment abuse, refund abuse, account compromise, or any other suspicious activity. We may request additional information or verification to confirm the legitimacy of a transaction or account activity. If applicable law requires, we may report suspicious transactions to relevant authorities.

(g) Store Credit. If the Services include Store Credit, you acknowledge and agree that:

• Store Credit is not legal tender, is not a bank account, and has no cash value or monetary value, and cannot be redeemed for cash, except where required by applicable law.
• Store Credit may be non-transferable and may be used only within the Services as permitted by these Terms and applicable policies.
• We may change the availability, pricing, earning rates, conversion rates, redemption requirements, usage rules, or expiration rules for Store Credit to the extent consistent with applicable law, and we may provide notice for material changes as required by law. Store Credit may expire in accordance with the applicable offer or service terms, and any expired Store Credit will be forfeited and may not be reinstated, except where required by applicable law.

(h) No Resale and No Commercial Purchase Agency. You may not resell, transfer, or commercially exploit any Paid Content or Store Credit, and you may not use a purchasing agent or intermediary to buy Paid Content for others for a fee, unless we expressly authorize such activity in writing.

(i) Third-Party Product Terms. Certain Paid Content may be issued, supplied, fulfilled, or governed by third-party brands, merchants, publishers, or service providers and may be subject to additional terms, redemption conditions, validity periods, geographic restrictions, outlet restrictions, brand rules, or expiry rules imposed by such third parties. You are responsible for reviewing and complying with all such applicable terms before purchase and use.

(j) Refunds. Except where and to the extent required by applicable law or a third-party platform’s mandatory refund policy, we do not provide refunds for Paid Content once delivered or made available. If a refund is available through a third-party platform, you must request the refund directly through that platform in accordance with its policies. If you initiate a chargeback or payment reversal without a valid legal basis, we may suspend or terminate your account and access to the Services, and we may take steps to recover amounts owed to us to the extent permitted by law. Notwithstanding the foregoing, if a transaction results in a clear error attributable to us, such as a duplicate charge, non-delivery of Paid Content to the correct account despite successful payment, or a verifiable technical error on the Services that prevents you from receiving the Paid Content you purchased, we will use commercially reasonable efforts to correct the error, which may include redelivery of the applicable Paid Content, issuing an appropriate refund, or providing an equivalent replacement Store Credit, in each case to the extent required by applicable law and subject to any mandatory policies of the relevant payment platform or brand.

(k) Effect of Account Termination on Store Credit and Paid Content. On suspension, termination, or deletion of your Account for any reason, any unused Store Credit, Virtual Items, points, or other Paid Content associated with your Account may be forfeited and will not be redeemable, refundable, or transferable, except where required by applicable law. You acknowledge and agree that the Company shall have no obligation to compensate you for any such unused Store Credit or Paid Content upon Account termination.

7. Use of AI

(a) Company may provide an Artificial Intelligence Service (“AI”) to assist you in using the Services. Through the AI, you may receive assistance from Company in areas including but not limited to the Services.

(b) The AI is provided “as is” except to the extent prohibited by law. Company and its affiliates make no warranties (express, implied, statutory or otherwise) with respect to the AI, and disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the services will be uninterrupted, accurate or error-free, or that any content will be secure or not lost or altered.

(c) When you use AI, it is strictly prohibited to use or attempt to use prompts or results, or create or attempt to create contents that:

• 1) in any way violate any applicable law or regulation;
• 2) exploit, harm or attempt to exploit or harm minors in any way;
• 3) contain personal information;
• 4) defame, slander, disparage or otherwise harass others;
• 5) have the effect of discriminating against or harming individuals or groups based on social behavior or known or predicted personal or personality characteristics;
• 6) exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• 7) have the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• 8) may infringe on copyright, trademarks, trade dress, design, likeness and any other intellectual property rights of others;
• 9) are illegal, invasive of privacy, harmful, threatening, abusive, blasphemous, harassing, tortious, disparaging, defamatory, vulgar, sexually explicit, pornographic, pedophilic, libelous, obscene, hateful, racially or ethnically offensive, or relating to or encouraging money laundering or gambling.

(d) If a third party’s rights, such as intellectual property rights, are infringed due to the use of AI, the affected party may report the infringement to the Company in accordance with the procedures outlined in Section 13.

(e) In relation to Paragraph (c), if the User violates any of the prohibitions listed in Paragraph (c) or Section 3 through their use of AI, the Company disclaims any warranties or indemnities regarding the results of such use.

(f) All Suggestions, outputs, responses, and content generated by AI are purely coincidental and are a result of algorithmic computations. Any resemblance or similarity to real-life situations, events, or individuals, living or dead, is purely coincidental and unintentional. The AI does not have the ability to intentionally reference or draw upon real-world events, nor does it have knowledge of current events beyond its last training data cut-off. Users should exercise caution and not interpret any Suggestions or output from the AI as reflecting or commenting upon real-world events or individuals, or expressing the views, opinions, or beliefs of the Company. The creators and operators of the AI disclaim all liability for interpretations or actions taken based on their Suggestions or outputs.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

We do not guarantee uninterrupted, secure, or error-free operation. Some jurisdictions do not allow certain warranty limitations, so some of these limitations may not apply to you.

(a) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, OR LOSS OF DATA ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM, EXCEPT WHERE PROHIBITED BY LAW.

(b) Indemnification. You agree to indemnify, defend, and hold harmless the Company and its affiliates, licensors, and service providers from claims arising out of your use of the Services, your violation of these Terms to the extent permitted by applicable law.

(c) Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, reorganization, or sale of assets.

(d) Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in effect.

9. Period and Termination

These Terms remain effective until terminated by you or the Company. The Company may suspend or terminate your access to the Services at any time, to the extent permitted by law, including where the Company reasonably believes that you have violated these Terms, fraudulent or suspicious activity has occurred, or such action is necessary for legal, regulatory, technical, operational, or security reasons.

Section 2 (Amendments, Updates, and Changes), Section 3 (Prohibited Uses), Section 5 (Intellectual Property Rights), Section 7 (Use of AI), Section 8 (Disclaimers), Section 10 (Grievance Handling and Dispute Resolution; Arbitration Agreement), Section 11 (Inadequacy of Damages), Section 12 (Governing Law and Disputes) and Section 13 (Copyright Infringement Notice) shall survive termination by their nature.

10. Grievance Handling and Dispute Resolution; Arbitration Agreement

(a) Grievance Redressal Mechanism. Users may submit complaints or grievances through the channels provided within the Services. You agree to attempt to resolve any dispute informally by contacting the Company before initiating arbitration or court proceedings. Please share the same with us by writing to grievance@swag.gg.

In your grievance complaint, please include the following information:

• Your name, contact number and email address;
• Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
• The name and age of the person aggrieved or affected by the subject matter of the complaint, in case you are acting on behalf of such person and a statement, under penalty of perjury, that you are authorized to act on behalf of such person and to provide such person’s personal information to us in relation to the complaint/grievance;
• Description of the complaint or grievance with clear identification of the account, Digital Content, order, or transaction in relation to which such complaint or grievance is made;
• A statement that you believe, in good faith, that the Content violates these Terms.

On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The timeline for the redressal would be in accordance with the statutory timelines mentioned under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.

The name and title of the Grievance Redressal Officer are as follows:

Name: Srimathi Srinivasan
Email: grievance@swag.gg
Address: Escrow Stack Pvt Ltd, 17th C, Main Road, 4th T Block East, Jayanagar, Bengaluru, Karnataka 560041

The Grievance Officer identified above is appointed pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and rules therein and the Consumer Protection Act, 2019, and the Rules enacted under those laws.

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

(b) Dispute Resolution and Arbitration. If applicable, disputes will be resolved through informal notice procedures first, and then binding arbitration on an individual basis, except where prohibited by law or where small claims court is permitted.

(c) Class Action Waiver. To the extent permitted by applicable law, you agree not to bring or participate in a class, consolidated, or representative action against us.

11. Inadequacy of Damages

Without prejudice to any other rights or remedies that Company may have, you acknowledge and agree that compensation by way of damages alone would not be an adequate remedy for any breach of these Terms by you, because Company would suffer irreparable losses if you breach these Terms. Accordingly, you agree that Company and, as applicable, its licensors shall be entitled to the remedies of an injunction, specific performance or any other equitable remedy, in addition to any other remedies available to it under the applicable law. For the avoidance of doubt, Company and, as applicable, its licensors shall be entitled to an injunction, specific performance or any other equitable remedy without bond, other security or proof of losses.

12. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of India, without reference to its conflict of law principles. Subject to applicable law, the courts at Bengaluru, India shall have exclusive jurisdiction over any dispute, controversy, or claim arising out of or relating to these Terms or the Services. Nothing in these Terms shall limit any non-waivable rights or remedies available to consumers under applicable law.

13. Copyright Infringement Notice

If you believe that any materials or content made available through the Services, including but not limited to Digital Content, communications, posts, comments, media files, or other content hosted or distributed via the Services, infringe your copyright-protected work under applicable copyright law, you may submit a copyright infringement notice to the Company’s designated agent as set forth below.

To be effective, your notice must include the following information:

• a) Sufficient details to enable us to identify the copyrighted work claimed to be infringed and the allegedly infringing content;
• b) Your contact information, including your name, address, telephone number, and email address;
• c) A statement that you have a good faith belief that the use of the disputed content is not authorized by the copyright owner, its agent, or the law.

If you believe content on the Services infringes your copyright, please contact:

Attn: Legal Affairs Department Agent
Email: legal_notice@kinvrs.com

Please note that the Company may, in appropriate circumstances and in its sole discretion, restrict, suspend, or terminate the accounts or access of users who are determined to be repeat copyright infringers.

14. Miscellaneous

For the purposes of these Terms, gift cards, game top-ups, cashback credits, reward points, and any other credits or virtual items made available through the Services (collectively, “Credits”) are not legal tender, bank deposits, regulated financial products or instruments, unless expressly stated otherwise and required under applicable law. Credits do not earn interest or any other return, are not insured or guaranteed by any government or financial institution, and cannot be redeemed for cash or transferred outside the Services, except where and to the extent required by applicable law.

These Terms constitute the entire agreement between you and the Company regarding the Services. If any provision is held unenforceable, the remaining provisions shall remain in effect.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

These pages may be made available in multiple language versions for the convenience of users. In the event of a dispute as to the terms of different language versions, the English version shall prevail.