Terms of Service

1. DEFINITIONS

  • "Act": Includes, as applicable:
    • The Information Technology Act, 2000
    • The Information Technology (Amendment) Act, 2008
    • The Consumer Protection Act, 2019
  • "Rule": Includes, as applicable:
    • The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
    • The Consumer Protection (E-Commerce) Rules, 2020
  • "Top Stroke" / "Company" / "We": Top Stroke Sports Media Private Limited, its directors, employees, affiliates, and authorized personnel.
  • "Website(s) / Mobile Application(s)": The websites and mobile applications owned or managed (directly or indirectly) by Top Stroke Sports Media Private Limited.
  • "Service(s)": The various services offered by Top Stroke through the Website(s)/Mobile Application(s).
  • "User(s)": All potential users, subscribers, consumers, registered or unregistered, natural or legal persons, who access, subscribe, or register to our Website(s)/Mobile Application(s).
  • "Materials": All information, materials, functions, texts, logos, designs, graphics, images, software, documents, products and services provided by Top Stroke on the Website(s)/Mobile Application(s).
  • "Public Forum": A chat portal, community board, or fan interaction zone for users to post or upload comments, feedback, data, links and messages.
  • "User Content": All comments, feedback, data, links and messages uploaded by Users.
  • "Terms of Use": This agreement, including updates and modifications published on the Website(s)/Mobile Application(s).
  • "Privacy Policy": The policy titled “Privacy Policy” as published on the Website(s)/Mobile Application(s).
  • "User Agreement": Collectively, these Terms of Use and the Privacy Policy.

2. INTRODUCTION & ELIGIBILITY

This user agreement (“Terms of Use”) is an electronic record in terms of the Information Technology Act, 2000 and related rules. It is generated by a computer system and does not require physical or digital signatures.

These Terms govern your use of our Android mobile application (“Top Stroke App”), associated content, and the services offered by Top Stroke Sports Media Private Limited (“Company” or “Top Stroke”). By registering on or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Eligibility: The Services are intended only for individuals who are at least 18 years old. By creating an account, you represent that you are 18+ and legally competent to enter into this agreement. Accounts created by minors are void and subject to immediate termination and deletion.

3. USE OF THIRD-PARTY APIs

Our application relies on third-party APIs to provide certain data and services. For example, match data shown within the app is sourced from third-party providers and may vary in accuracy, availability, and timeliness depending on those external services. We make no guarantee regarding the availability, accuracy, or completeness of the data received through these third-party APIs. If the third-party API services are unavailable or experience delays, the data displayed in the application may be incomplete or outdated.

By using this application, you acknowledge and agree that we are not responsible for any disruptions or inaccuracies in the data provided through third-party APIs.

3A. VIRTUAL ITEMS & NO GAMBLING

Top Stroke is an entertainment and fan-engagement platform. We may provide access to virtual items (for example, “Strokes”, “Centurions”). These items are:

  • Purely virtual and for in-app entertainment; for avoidance of doubt, leaderboards and Top Picks are for engagement only.
  • No cash value: Virtual items are not redeemable, withdrawable, refundable, or exchangeable for money or monetary value.
  • Non-transferable: You may not sell, trade, gift, or transfer virtual items outside the App.
  • Revocable license: We may adjust balances, revoke items, or suspend accounts in cases of fraud, abuse, or policy violation.
  • No refunds: Allocations or purchases of virtual items are final unless required by applicable law.

No Gambling / No Wagering: We do not offer gambling, betting, or real-money wagering. There is no cash-out.

4. USER(S) REGISTRATION

Users are required to register to access and use the Top Stroke App. The app is available only to registered users.

By creating an account using a valid email address and password, you agree to:

a) Provide true, accurate, current, and complete information as prompted during registration.

b) Maintain and promptly update your information to keep it accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at contact@topstrokesports.com of any unauthorized use or breach. We may suspend or terminate your account for misuse or false information.

We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials or from any unauthorized use of your account.

5. USE OF OUR WEBSITE(S)/MOBILE APPLICATION(S) OF TOP STROKE

Materials provided on our Website(s)/Mobile Application(s), including information, texts, logos, designs, graphics, images, software, documents, products and services (“Materials”), may be the copyrighted works of Top Stroke Sports Media Private Limited or its vendors or third-party service providers. All Materials and software are protected by applicable intellectual property laws.

We grant Users the right to access and use our Website(s)/Mobile Application(s) for personal, non-commercial use. Users must not use them in any unlawful manner or in a way that harms us or any person or entity.

Users may share links, images, texts and/or contents from our Website(s)/Mobile Application(s) to social platforms with appropriate link-back.

Users must keep all copyright notices intact; not modify, reproduce, distribute, sell, or create derivative works from our Materials; not transfer software; and refrain from any commercial or competitive use.

Nothing herein transfers ownership of any intellectual property rights.

6. PROHIBITED USE & FAIR PLAY

Users shall not use the Services for any unlawful purpose or any purpose prohibited by these Terms or applicable law. Without limitation, you agree not to upload, share, or transmit content that is illegal, harmful, abusive, defamatory, obscene, invasive of privacy, infringing, deceptive, or that contains malware.

Fair Play & Anti-Cheat: In addition, you agree not to:

  • Use cheats, exploits, automation, bots, scripts, or unauthorized third-party software.
  • Create, use, or control multiple accounts to gain unfair advantage.
  • Manipulate polls, predictions, reward systems, or leaderboards.
  • Scrape, harvest, or mine data from the App/Website without permission.
  • Spoof device identity, tamper with telemetry, or otherwise circumvent security controls.

Violation may result in suspension, termination, forfeiture of virtual items, leaderboard adjustments, reset of progress, or legal action.

7. USE OF PUBLIC FORUM

Certain sections may contain a Public Forum for users to post User Content. You are solely responsible for User Content you make available, which may be visible globally. Exercise due care.

We do not control User Content and do not guarantee its accuracy or quality. You may encounter content that is offensive or objectionable. We are not liable for any User Content or any loss arising from its use.

By posting User Content, you grant Top Stroke and its designees a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to reproduce, adapt, prepare derivative works of, distribute, perform, and display such content in any media, subject to applicable law.

We may remove or restrict content that violates law or these Terms and may preserve records to detect abuse, ensure safety, or comply with legal obligations.

8. COPYRIGHT AND TRADEMARKS

Unless otherwise stated, copyright and all intellectual property rights in Materials on the Website(s)/Mobile Application(s) may be owned by Top Stroke Sports Media Private Limited or licensed to us. Materials are provided for personal, non-commercial use. Some content may be sourced from public domain and must be used in compliance with applicable rights.

Users must not copy, reproduce, republish, upload, post, transmit, distribute, or modify Materials without prior written consent. Any commercial use is prohibited. Do not remove proprietary notices or use framing techniques to enclose trademarks, logos, or proprietary information.

If you believe any content infringes your rights, contact contact@topstrokesports.com with details sufficient to identify the material and your ownership or authorization.

9. LINKS

We may link to third-party websites for your convenience. Such links do not imply endorsement. We have no control over third-party sites and you access them at your own risk.

10. USE OF GOOGLE ANALYTICS

Our Website(s)/Mobile Application(s) may use Google Analytics, which uses cookies to analyze usage. Data (including your IP address) may be processed by Google on servers in the U.S. or other jurisdictions and shared where required by law or for processing on Google’s behalf. By using the Services, you consent to such processing as described in our Privacy Policy.

11. ADVERTISING MATERIAL

Currently, we do not display third-party advertising. If introduced in the future, responsibility for ad compliance lies with the advertiser. Your dealings with advertisers are solely between you and them. We may omit, suspend, or reposition advertising and such presence does not constitute endorsement.

12. INTERNATIONAL USE & FEATURE AVAILABILITY BY LOCATION

Top Stroke Sports Media Private Limited is incorporated in India and makes no representation that the Services are appropriate or available outside India. Users accessing the Services from outside India do so at their own initiative and are responsible for compliance with local laws.

Feature Availability: Some features may be enabled or disabled by jurisdiction to comply with applicable law or platform policies. We may use IP-based coarse location solely to determine feature availability and prevent abuse. Access to the Services does not guarantee availability of any particular feature in your location.

13. DISCLAIMER AND LIMITATION OF LIABILITY

  • Your access to the Services is at your sole risk. The Services and Materials are provided “as is” and “as available”.
  • We disclaim all warranties, express or implied, including fitness, merchantability, non-infringement, accuracy, reliability, availability, and security.
  • We are not responsible for malware, interruptions, errors, or inaccuracies, or for third-party applications or websites.
  • To the fullest extent permitted by law, we and our affiliates will not be liable for any indirect, consequential, special, incidental, punitive, or similar damages; loss of profits, data, business, goodwill; or for wasted management time, even if advised of the possibility.
  • Your sole remedy for dissatisfaction is to stop using the Services.

14. INDEMNITY

You agree to indemnify, defend and hold Top Stroke Sports Media Private Limited, its officers, directors, employees, and representatives harmless from any claim, loss, liability, damages, costs or expenses (including reasonable legal fees) arising out of your use of the Services, your breach of these Terms or the Privacy Policy, or your violation of third-party rights.

15. CHANGES OF TERMS OF USE

We may modify these Terms or the Privacy Policy at any time. Changes will be posted on our Website(s)/Mobile Application(s). Your continued use following posting constitutes acceptance. If you do not agree, discontinue use. We may change or discontinue the Services at any time.

16. RELATIONSHIP

Nothing herein creates a partnership, agency, or joint venture between you and Top Stroke. If you register on behalf of an entity, you represent that you have authority to bind that entity.

17. TERMINATION

We may, with or without notice, suspend or terminate your account, these Terms, and/or access to the Services, and remove any User Content, for any reason, including violations of these Terms or applicable law. Upon termination:

  • Your right to access the Services ceases immediately.
  • Your virtual items, balances, ranks, and subscription benefits may be revoked or reset. No refunds will be issued unless required by law.
  • Clauses that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution) will survive termination.

18. SUBSCRIPTION AND REFUND POLICY

Premium Subscriptions: Purchase of a premium subscription allows access only to the content/services for the specific plan purchased. Subscription term and features may vary by plan.

Auto-Renewal: Unless otherwise stated, subscriptions are billed in advance and set to auto-renew at the end of each billing period at the then-current price. You authorize us (or our payment partners) to charge your selected payment method unless you cancel before renewal.

Cancellation: You may cancel through your account settings or by emailing support@topstrokesports.com. Cancellation takes effect at the end of the current billing period. We do not offer pro-rated refunds unless required by law.

Price Changes: If subscription prices change, we will notify you at least 7 days before renewal. Continuing your subscription after the effective date constitutes acceptance of the new price.

Payments & Taxes: Fees are due in full and in advance. We may restrict access if payments are not completed. Applicable taxes (including GST) may apply. We use third-party payment processors; their terms and privacy policies apply.

Refunds: Payments are final and non-refundable unless explicitly stated or required by law. Upon cancellation, access to subscription features ends at the period’s end; your account may remain active without premium benefits.

19. MISCELLANEOUS

  • These Terms contain the entire understanding between you and Top Stroke and supersede prior understandings regarding the Services.
  • If any provision is illegal, invalid, or unenforceable, it shall be severed, and the remainder shall continue in full force.
  • Headings are for convenience only and do not affect interpretation.
  • Force Majeure: We have no liability for non-availability due to events beyond our reasonable control (including but not limited to natural disasters, war, civil unrest, strikes, network failures, platform outages, or maintenance).
  • Unless otherwise specified, the Services are presented for entertainment. Those accessing from outside India are responsible for compliance with local laws.
  • Governing Law & Jurisdiction: These Terms are governed by the laws of India and subject to the exclusive jurisdiction of the courts at Patna, Bihar (India).
  • Assignment: We may assign or transfer these Terms in connection with a merger, acquisition, or corporate restructuring. You may not assign your rights without our prior written consent.
  • Survival: Provisions relating to intellectual property, disclaimers, limitation of liability, indemnity, governing law, dispute resolution, subscriptions/payment obligations accrued, and this survival clause survive termination.

20. PRIVACY POLICY INCORPORATION

Our Privacy Policy forms part of these Terms. In case of conflict, these Terms govern your use of the Services; the Privacy Policy governs our handling of personal data.

21. ELECTRONIC COMMUNICATIONS & NOTICES

By using the Services, you consent to receive communications from us electronically, including via email, in-app notifications, or postings on the App/Website. Legal notices to you may be sent to your registered email address. Notices to us must be sent to contact@topstrokesports.com.