Terms and Conditions of Use

Last updated: 2nd September 2024

These terms and conditions of use (“Terms of Use”) and any amendments and restatements hereof (the “Agreement”) along with other policies available on our platform forms a legally binding agreement between You and HBI Technology Limited, an affiliate of ADG Technology, Inc. (d/b/a Carry1st) (collectively referred to “Carry1st ”, “Our”, “We”, “Us”).

By playing the Mobile Games, registering on, browsing, downloading, using or accessing any of the associated services on the platform including the Carry1st website or mobile application including any sub-domains of the Carry1st website, or related top-level domains including mobile sites, apps, APIs and widgets (the “Platform”) and any information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted or otherwise made available via the above mentioned Platform (collectively, the “Content”), you (“You”/“User”/”Player”) hereby acknowledge that you have carefully and thoroughly read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy which is incorporated herein by reference, as amended from time to time. By using, playing, browsing or otherwise accessing playing the Mobile Ggames, You also agree to be bound by Carry1st’s Terms of Use. In addition, You agree to be bound by any additional terms and conditions relating to promotions, bonuses and special offers which may be found on the Platform or communicated to You from time to time.

If You do not agree with any part of these Terms of Use or/and Privacy Policy, kindly refrain from playing any Mobile Games or otherwise using Our services on the Platform.

We reserve the right to update, revise, modify, or otherwise, reissue these terms. We may post a notice on the Platform or when you use the Services, and you can see when these Terms were last revised by referring to the “Last Updated” legend above. It is your responsibility to inform yourself regarding the terms, as well as being familiarized with the modifications that affect or will affect you. Your continued use of the Services after any amendment to this Agreement constitutes your acceptance of the Agreement as modified by such amendment.

Carry1st may, at its sole and absolute discretion: a. Move or remove any content that is available on Carry1st Platform; b. Establish general practices and limits concerning use of Carry1st Platform;

Your use of information on our Platform including results, fixture lists, statistics, data and news posted on our Platform is at your own risk. Other than as expressly set out in these Terms of Use and to the extent permitted by law, we make no warranty as to the accuracy or reliability of the information contained on our Platform or in our publications (including, but not limited to, any content or information generated on our Platform by or on behalf of us, and any third-party content on our Platform). We and our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Platform or publications.

1. INTRODUCTION

1.1. Carry1st operates a mobile gaming application, which offers various skill and learning based digital games developed by itself or Third-Party Game Developers and other promotional and interactive features (collectively “Services”).

1.2 . Capitalized terms used herein but not defined shall have the meanings ascribed to them under section 1.9 (Definitions and Interpretation) of this Agreement.

1.3 . This Agreement shall apply to all Persons who visit the Platform or create a player Account including any contributors of content over the Platform, and/or any third party interacting with Carry1st, directly or indirectly in official capacity or having/intending to have business or commercial relationships with Carry1st, whatsoever (the “Users”, “You” or “Your”) as applicable.

1.4 . Carry1st gives Users, in compliance with these Terms of Use, a personal, royalty-free, non-assignable, non-exclusive and revocable limited license to use the Platform that is provided as part of the Services. This license is for the sole purpose of enabling the own personal private use from Users to play game of skill as provided by Carry1st, in the manner according with by these Terms of Use.

Subject to your compliance with these Terms of Use, Carry1st grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

The Services may change or be modified from time to time without prior notice or communication. Carry1st reserves the right to change, modify or delete the Carry1st Platform or Carry1st services, information, and Terms of Use listed thereon at any time without prior notice.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Carry1st on the Services are subject to change.

When access games are included in the Services, the specific rules, scoring, controls and guidelines for each game can be found within the game itself. Such rules are integral part of the Terms of Use, which Users shall agree and comply.

Any charges levied on Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are solely the responsibility of such Users.

1.54. Definitions

1.4.1 . “Agreement” shall mean these Terms of Use, the Privacy Policy and any other rules or policies available on the Platform including all other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by Carry1st.

1.4.2 . “Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs, and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in Nigeria.

1.4.3 . “Contest” is a skill-based competition offered by Carry1st on the Platform in which Users compete either in a tournament or 1v1 battle by playing the Mobile Games on the Platform. Contests are ‘free to play’ which are open to all Users without the requirement of any monetary payment.

1.4.4 . “Balance” is the credit (available in the form of in-app currency) available in an Account and includes amount added by a User through earned Winnings by participating in Contests on the Platform.

1.4.5 . “Designated Amount” refers to the amount which Users pay either in the form of cash Balance available in their Account to participate in a Contest on the Platform as their respective contribution to the Prize Money Pool.

1.4.7 . “Mobile Games” refers to the MPL Naija mobile games hosted on the Carry1st Platform and any other game of skill (defined below) to the digital games of skill including fantasy games available on the Platform developed by Carry1st or any Third-Party Game Developers.

1.4.8 . “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.

1.4.9 . “Prize Money Pool” is the actual or projected amount that is to be distributed amongst the winner(s) of the Contest and is declared at the start of the Contest.

1.4.10. “Sponsored Content” means content distinct from other regular editorial content provided by and displayed on the Platform in the form of audio, video, text and/or image media which supports a third party’s brand message, promotional offers, discounts and/or views that are readily identifiable to belong to a third-party upfront through distinct and distinguishable font, color, display schemes and/or usage of disclaiming words (such as “Ad”, “Powered by”, “Sponsored by”, “With”, “Advertorial” and such other phrase of similar meaning).

1.4.11 . “Sponsored Content Partner” means a User engaged with Us for the display of Sponsored Content on the Platform.

1.4.12 . “Third Party Game Developer” refers to any Person (natural or juristic) whose Mobile Game is available on the Platform.

1.4.14 “Winnings” are awards given to one or more User(s) as per pre-declared format as a distribution of the Prize Money Pool for winning and/or ranking as a top-performer in a particular Contest on the Platform.

2. ELIGIBILITY

2.1. Any browsing, registering, downloading, using, or accessing by any Person of any part of the Platform or utilization of any of the Sservices offered by Carry1st will be deemed to constitute a legal contract between the User and Carry1st.

2.2. By accepting these Terms, you represent and agree that you:

are a natural person who is at least 18 years old or the age of majority in your jurisdiction, and who is personally assigned to the registration details provided when setting up your account;
are domiciled in a jurisdiction in which your use of the App is permitted and unrestricted by that state or country’s laws;
at all times, will abide by these Terms. We do not provide our services to minors. The Platform should not be used, installed, or played by any Person under the age of 18 years. We reserve the right to request proof of age at any stage to verify that minors are not using the Platform and we may exclude a person from accessing or using the Platform, if proof of age is not provided or if Carry1st suspects that a person doing so is under the age of 18 years. Parents and guardians should monitor their children's / wards online activities and consider using parental control tools available from online services that help provide a child an amicable online environment. These tools can also prevent children from disclosing any personal information without parental permission.

2.3. The Mobile Games and the Services available on the Platform are open only to Users currently residing in Nigeria.

2.4. Only those Users who have successfully registered on the Platform in the manner prescribed in section 3 (Nature and Use of the Platform), and who utilize the services of the Platform in accordance with the Agreement including these Terms of Use, shall be eligible to use the Platform.

2.5. Certain services being provided on the Platform may be subject to additional conditions or rules applicable to a particular Mobile Game or Contest in that respect (“Game Terms”). Such Game Terms are deemed to be incorporated herein by reference. Users must agree to these Game Terms before playing any such Mobile Game or Contest on the Platform. To the extent that these Terms of Use are inconsistent with Game Terms, the Game Terms shall prevail.

2.6. Carry1st reserves the right to suspend or close a User’s Account with or without notice if it is discovered that any of the above requirements are not met.

3. NATURE AND USE OF THE PLATFORM

3.1. Carry1st provides the Platform to You on which You can play Mobile Games. The Platform is designed to provide You an in-app browsing experience through an embedded browser. These Mobile Games run online over the Platform and do not have to be separately downloaded or installed.

3.2.You may register by approving and agreeing to this Agreement and providing Your registered mobile phone number on the Platform. You will be verified by using a one-time password (“OTP”) system. Upon successfully verifying the OTP, a deposit cash and winnings cash account will be created for You (“Account”).

3.3. By registering for an Account, You represent, warrant, and agree that:

a) You fulfill the eligibility criteria as detailed in section 2 (Eligibility);

b) You are using Your actual identity and the mobile phone number you have provided is registered in Your own name;

c) You will provide only true, accurate, current, and completecoCarry1stete information about Yourself, including optional information such as Your profile photograph, cover photograph, user-id, biograph, audio status etc., on the Platform (“User Details”);

d) You will maintain and promptly update the User Details and other information that You provide on the Platform to keep it true, accurate, current, and completecoCarry1stete.

3.4 . The Users acknowledge that their User Details will be accessible to other Users on the Platform and shall be available for Carry1st to create promotional and interactive content over the Platform.

3.5. Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to use the Platform and will abide by the Agreement.

3.6 Upon grant of the Account by us, your Account will be created, and you will be able to use our Platform and play the Mobile Game(s). You agree and acknowledge that such Account can be terminated by us by giving notice to you, for any reason deemed fit by Carry1st.

3.7 You represent and warrant to us that, throughout the course of your usage of our Platform, you will not permit other persons to access or use your Account. If you permit other persons to access or use your Account, you do so at your own sole risk as to any consequences. You further agree and accept that you shall not access or use the Platform through the account of another User.

3.8 If it comes to the knowledge of Carry1st that a User is operating multiple accounts, in such case Carry1st reserves the right to restrict or ban such User's accounts, at its sole and absolute discretion and without any notice. Any balance in such User's accounts is liable to be forfeited by Carry1st.

3.9 You may also be required to verify any credit card / bank account you use to deposit funds, and also any bank account you want to withdraw to.

3.10 By accepting these terms and conditions upon registration, you give consent to Carry1st to disclose your personal information provided to us to a third-party agency to assist in verifying your identity. The third-party agency may prepare and provide Carry1st with such an assessment and may use your personal information including the names, residential addresses and dates of birth, financial information etc. for the purposes of preparing such an assessment. Please refer to our Privacy Policy in this regard.

3.11 You acknowledge that your participation in any Mobile Game(s) available on the Platform is purely voluntary and at your sole discretion and risk.

3.12 You understand and acknowledge that once a Mobile Game has commenced, not being able to play due to slow internet connections, faulty hardware, internet connection failure, low computer configuration or for any other reason does not require us to a refund of the participation amount you may have paid for participation.

4. PRIVACY

4.1. You are bound by these terms and by the Privacy Policy which is incorporated by reference. You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the Platform. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You are required to notify Carry1st and the relevant authorities as soon as possible.

4.2.By visiting the Platform and creating an account on the Platform, You grant Carry1st and its group companies your irrevocable and informed consent to use your profile name, profile picture, and Winnings in a Contest and/ or Winnings in total on the Platform (“Your Profile Information“) for advertisements, promotions, offers, and any other sponsored content that Carry1st and its group companies may display on the Platform or any other marketing channels, including its digital channels, television, print and publication, without requiring any further consent from You and without being required to pay any compensation to You.

4.3.You further grant to Carry1st an exclusive, transferable, sub-licensable, royalty-free, and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works from Your Profile Information.

4.4.You understand, represent, and accept that Your Profile Information or any related materials will not violate the rights of any third-party rights or give rise to any claim that another party’s rights have been or will be violated as a result of Carry1st’s use or publication of Your Profile Information. You understand and agree that You will be liable to Carry1st for any damage or cost (including reasonable attorney fees) it may suffer arising out of its use of Your Profile Information. You also understand that you will not be entitled to receive any royalties for the use of your Profile Information by or through Carry1st.

4.5. You understand and grant to Carry1st, its subsidiaries, affiliates, successors, and those acting with its authority, with respect to Your Profile Information all copyrights and derivative rights in Your Profile Information and a non-exclusive, perpetual right to use, publish, re-publish, or reproduce Your Profile Information by any means Carry1st L sees fit for the purposes stated above.

4.6. By using the Platform, you irrevocably waive any claim against Carry1st relating to the use of Your Profile Information and promise not to bring any such claim or action in the future. You also waive any right to inspect, modify, approve, or disapprove the content, layout, representation, presentation, or other aspect of Your Profile Information as recorded by Carry1st during your use of the Platform.

4.7. Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their Account, and further acknowledge and agree that all rights in and to their Account are and shall forever be owned by and inure to the benefit of Carry1st.

4.8.The Users also accepts to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by the User, except when prohibited under Applicable Laws.

4.8 By using the website or mobile application including any sub-domains of the Website, or related top-level domains including mobile sites, apps, APIs and widgets and/or registering yourself with us, You authorize us or our representatives to contact you via email or phone call or SMS including third party messaging apps to offer you our services including but not limited to impart product knowledge, offer/explain any promotional offers running on website/mobile applications & offers offered by third parties, for which reasons, personally identifiable information may be collected. You also authorize us or our representatives to contact you by any means aforementioned for the above mentioned purposes or any other related purpose until such the time you are registered with us or even after cessation of registration.

5. PLATFORM FEE INFORMATION

5.1. Carry1st charges a Platform Fee from the User(s), for making available its e-platform where various games of skill & other content are available and providing the service to the Users to participate in those games of skill or consume the content as offered.

5.2. The Platform Fee for all the products/games is a fixed rake % of the Designated Amount and is between 0% and 33% and under extreme exceptional cases may go beyond this range. The Platform Fee may be dynamic on a game to game basis and dependent on factors such as, number of Users, eligibility criteria, ranking and server load etc., subject to the Platform Fee being determined before commencement of a Game.

5.3. Carry1st, in accordance with the Terms & Conditions of the Bonus Program, may give a dDiscount oin the Platform Fee and thus the Designated Amount shall be accordingly recovered from the User’s Cash Balances.

5.4. Carry1st charges a ‘Processing Fee’ from the User(s) for facilitating withdrawal of Winnings through various modes including but not limited to Bank Account and UPI.

5.5 Any User availing Carry1st Services are provided with following categories of accounts for the processing and reconciliation of payments:

Play Money comprises of money contributed by the User through payment gateway towards Prize Money Pool, after disbursement of platform fee to Carry1st;

Winnings comprises of the money won by the Users by winning the Mobile Game/Contest(s);

Each time a User participates in any Mobile Game on theCarry1st Platform, the contribution shall be debited in the Users account. The contribution for each User shall be first debited from the Play Money and thereafter, any remaining amount of such contribution shall be debited from the Winnings.

In case there is any amount remaining to be paid by the User in relation to such Users participation in any Mobile Game(s), the User will be taken to the designated payment gateway to give effect to such payment which shall also be credited to that User’s account. In case any amount added by the User through such payment gateway exceeds the remaining amount of the contribution, the amount in excess shall be transferred to the Play Money and will be available for use in participation in Game(s) or for withdrawal in accordance with these Terms of Use.

Debits from the Play Money for the purpose of enabling a User's participation in a Game shall be made in order of the date of credit of amounts in the play money, and accordingly, amounts credited into play money earlier in time shall be debited first.

Winners shall be contacted by Carry1st on the registered e-mail address of the Users. Members need to complete the verification process in order to raise the withdrawal request. As a general practice, winners will be required to verify their e-mail address & phone number along with following documents: [please specify].

6. GAMES OF SKILL (DO NOT QUALIFY AS GAMBLING AND LOTTERY)

6.1. The Mobile Games hosted by Carry1st on the Platform are all Games of Skill (defined below) as the outcome / success in the games is directly dependent on the Users effort, performance and skill. By choosing how to play, the actions of Users shall have direct impact on the game.

6.2 Different Mobile Games will reward different skills, but each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, experience, practice, hand-eye coordination etc. Certain games may have predetermined outcomes (Sudoku, Crosswords, Brick Breaker), which are achievable by the Users using their skills to play the games.

6.2.Users must note that all Mobile Games available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience, and adroitness (“Games of Skill”) in playing the game.

6.6 Users must note that the Mobile Games hosted on the Carry1st Platform are games of skill, under Nigerian law, and that we do not support, endorse or offer to Users games of chance for money. While Games of skill do not have a comprehensive definition, they are considered to be those games where the impact of a players effort and skill on the outcome of a game is higher than the impact of luck and chance.

6.7 3.Carry1st reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or Mobile Games in violation of any central and/or state law(s) in Nigeria, Carry1st reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned User.

6.4.Carry1st does not support, endorse, or offer any User ‘games of chance’ for money. Each Mobile Game and Contest available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand, and follow these rules to be successful in these games. Carry1st shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform.

7. SAFETY PRECAUTION AND RESPONSIBLE GAMING

7.1. Carry1st suggests that Users adopt a balanced approach while engaging with any of the Mobile Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, Mobile Games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye coordination, competitiveness and encourage teamwork.

7.2. You should take certain standard health and safety precautions while playing any Mobile Game, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs Avoid playing without breaks over long periods of time as this could affect Your performance and could negatively impact hand-eye coordination, balance, and multi-tasking ability.

7.3. The Platform or the Mobile Games offered on the Platform may contain flashing lights, realistic images, patterns, and simulations which may cause certain side effects. If Your hands, wrists, arms, eyes, or other parts of Your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor.

7.4. If You play any Mobile Games on the Platform, give Yourself plenty of room to play and always be aware of Your surroundings. While playing any Mobile Game You may be moving around the play area and using Your hands to control gameplay. You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any Mobile Game on the Platform.

7.5. It is Your responsibility to control Your surroundings and movements at all times when playing the game to ensure that You don’t injure Yourself, any other persons, damage any property etc. Any playing of the Mobile Games is at Your own risk and Carry1st shall not be liable for any death, injury or health conditions resulting from Your use of the Platform.

7.6. You agree that Your use of the Platform and to play the Mobile Games is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Platform.

8. COMMUNITY RULES AND CODE OF CONDUCT

8.1. Carry1st may provide Users with different communication channels such as forums, live audio sessions, live audio chat with other players participating in any Contest, community groups, chatrooms, or chat areas (“Communication Facilities”) designed to enable You to communicate with other Users on the Platform.

8.2.Carry1st only provides Users with the technical environment for an exchange of information. Carry1st does not initiate, select the receiver and/or modify any information exchanges between the Users through the Communication Facilities. Further, Carry1st has no obligation to and does not monitor these Communication Facilities except when required to do so under the provisions of Applicable Law

8.3.The User may use the Communication Facilities as made available to them by the Platform. Carry1st may provide certain additional features or Communication Facilities to a select group of Users at its sole discretion. The Users do not have the right to claim any Communication Facilities on the Platform.

8.4. Carry1st may enable audio sessions and live chatrooms on the Platform for the Users from time-to-time. These sessions or/and chat rooms will be conducted by other users to (i) organize training; (ii) provide tips to play Mobile Games; (iii) provide educational content; or (iv) conduct other interactive sessions on the Platform. The sessions or/and chat rooms may have an open entry or may be restricted to a limited number of Users at Carry1st’s sole discretion. Users might be required to pay an ‘Access fee’ to participate in any of these live sessions or/and chat rooms hosted by Carry1st on the Platform.

8.5. You understand that, by using these Communication Facilities, You may be exposed to communications (including in written, verbal, electronic, digital, machine-readable, or other form) that You might find objectionable. You understand that any content sent or appearing through the Communication Facilities is the sole responsibility of the User(s) transmitting such content and Carry1st is not liable for any content posted on the Communication Channels.

8.6.Under no circumstances will Carry1st or its third-party providers shall be liable for any errors, objections, or omissions in any content or for any loss or damages of any kind incurred as a result of the content posted on its Platform.

8.7 Carry1st may capture and obtain visual and/or audio recordings or performances, still images of the User, and text provided by the User for the testimonial being provided towards the Carry1st Platform (the results of which are the Recordings). The user grants to Carry1st a royalty free license, to publicly use, distribute, reproduce, create derivative works from, and perform/display the Recordings, and the user's name, voice, likeness, appearance, biographical information and other indicia of its identity as included in the Recordings and any excerpts or version thereof for their marketing, in any language, and without any geographical limitation. Carry1st may incorporate to the Recordings and any separate content (e.g., quotes, photos, videos, artwork, materials, etc.) to market their platform and services. The User also hereby waives any right to inspect or approve the finished matter based on the Recording that may be used now or in the future, whether that use is known to the user or unknown.

8.8 The Recordings provided by the User are voluntary and Carry1st is the sole and exclusive owner of all rights in and to the Recordings, and all elements thereof (including, without limitation, the copyright thereto). Carry1st is not obligated to use the Recordings if it so wishes. The User will not attempt to enjoin or otherwise impair Carry1st’s use of the Recordings that is in accordance with this Release.

9. RESTRICTIONS ON YOUR USE OF THE PLATFORM

9.1. You will not use the Platform, or any content provided thereof for any purpose that is illegal, unlawful, or prohibited by this Agreement or under Applicable Law.

9.2. You will not use the Platform, or any content provided thereof:

9.2.1. to host, display, upload, modify, publish, transmit, update, or share any information that belongs to another Person and to which the User does not have any right to;

9.2.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,

9.2.3. that is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;

9.2.4. that harms minors in any way;

9.2.5. that infringes any patent, trademark, copyright, or other proprietary rights; violates any Applicable Law for the time being in force;

9.2.6. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

9.2.7. which impersonates another Person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of the Platform or any other computer resource;

9.3. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without the permission of Carry1st.

9.4. You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.

9.5. You will not attempt to or engage in any activity that may:

9.5.1. reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Carry1st to You in writing or is required by the Applicable Law;

9.5.2. use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;

9.5.3. collect information about Users for any illegal or unlawful purpose;

9.5.4. create any Account by automated means or under false or fraudulent pretenses for using the Platform;

9.5.5. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;

9.5.6. use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other Users’ use and enjoyment of the Platform;

9.6.If We detect any activity from Your User Account that is fraudulent, suspected to be defrauding the Platform, or if You are found colluding or participating in any kind of fraudulent activity on the Platform in any manner, we reserve the right to deactivate or delete Your Account and all related information on it and forfeit related Balances and/or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from Your Account on the Platform.

10. PREVENTION OF COLLUSION AND FRAUD Prevention of Collusion and Fraud

10.1 We are committed to promoting fair play on our Platform.

10.2 Our compliance team will track game play of all Users and strict action will be taken against any User(s) caught colluding. By agreeing to these Terms of Use, you agree not to indulge in any unfair game practice that may provide undue advantage to you or any other User.

10.3 We reserve the right to withhold any necessary action, as it deems fit, against Users found indulging in unfair means. The action could include, inter alia, monetary penalties, temporary account suspension, redemption blocking and/or permanent account deactivation. .

10.4 Depositing and withdrawing without playing any or a reasonable amount of Game(s) is a violation of our fair play deposit and withdrawal policy. Consecutive deposits and withdrawals are considered as money laundering actions, which is not permitted on the Platform. Any User found committing such an action is in violation of our fair play deposit and withdrawal policy and further to investigation is subject to a penalty fee.

10.5 Any User deemed to be a fraud User for any reason, for example, found depositing or withdrawing from/to a fraudulent account, is subject to legal action from the Carry1st’s management including but not limited to the confiscation of the User's Account Balance and locking of the User's Account.

11. INTELLECTUAL PROPERTY

11.1 The Carry1st Platform includes a combination of content created by Carry1st, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (Intellectual Property Rights) in all software underlying Carry1st and the Carry1st Platform and material published on the Carry1st Platform, including (but not limited to) games, Mobile Games software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by Carry1st, its affiliates, partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Carry1st Platform either in whole or in part without express written license from Carry1st.

11.2 Users may request permission to use any Carry1st content by writing in to Carry1st Helpdesk.

11.3 Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Carry1st (Users' Content). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third-party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Carry1st. Users agree to indemnify and hold harmless Carry1st, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Carry1st, by such User or through the User's commissions or omissions.

11.4 Users hereby grant to Carry1st and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:

a. displaying Users' Content on Carry1st Platform;

b. distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or

c. storing Users' Content in a remote database accessible by end Users, for a charge

11.5 This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.

11.6 All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Carry1st belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Carry1st.

10. REFERRAL PROGRAM

10.1. Carry1st may offer referral programs (“Referral Program ”) on the Platform to allow all its Users to receive certain rewards in the form of Tokens or cash (”Rewards”) for each player that they refer to play on the Platform.

10.2.All active Users of the Platform are eligible to participate in the Referral Program except in cases where an Account has been suspended or has otherwise been disallowed by Carry1st from participation in the Referral Program.

10.3. Only ‘successful referrals’ will be counted and eligible to receive the Rewards. A successful referral is an event in which a new User will register on the Platform and complete the sign-up by clicking on the referral link of the referrer or by putting the referrer’s unique referral code.

10.4. Criteria to use the Rewards – The User will be able to use only a certain percentage of the cumulative Rewards (as permitted by Carry1st from time to time) reflecting in his/her Account to join any of the upcoming tournaments on the Platform.

10.5. The following additional terms applicable to all Referral Programs:

10.5.1. The nature and value of Rewards to be credited will be based on the Referral Program offered by Carry1st at any given point in time to an individual User.

10.5.2. Referral links will be generated from each User’s Account on the Platform.

10.5.3. Rewards and their types are subject to change at Carry1st’s discretion without notice.

10.5.4. Users found to have been committing fraud will be blocked from the Carry1st platform.

10.5.5. The reward amount/type is based on the applicable reward on the day a user’s referral signs up on the platform.

10.5.6. A user can refer up to 1000 friends.

10.5.7. Carry1st reserves the right to change rules and regulations without notice.

10.6. Disqualification from Referral Programs:

10.6.1. Users will not receive credit for referring to themselves by creating multiple Accounts.

10.6.2. Carry1st reserves the right, in its sole discretion, to suspend or disqualify an Account from the Referral Program or nullify the referral Rewards.

10.7. Users are responsible for paying any and all taxes or commissions related to the Rewards earned by them through the Referral Programs on the Platform. Carry1st reserves the right to withhold taxes as appropriate and as required under Applicable Laws.

11. INDEMNIFICATION

11.1 You shall defend, indemnify, and hold Carry1st, and its officers, its respective general and limited partners, Users, shareholders, directors, employees, representatives, vendors, business partners and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the Platform or any content thereof, including the Mobile Game; or (b) Your breach of any rules, regulations and/or orders under any applicable law; (c) .your breach of any applicable laws; (d) any unauthorized, improper, illegal or wrongful use of your Account by any person, including a third party, whether or authorized or permitted by you; (e) your content; (f) use by any other person accessing the Platform using your Username or password, whether or not with your authorization, or (g) the use by us of information provided by you through our Platform.

11.2. You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.

11.3 This indemnification obligation will survive the expiry or termination of these Terms of Use and your use of the Platform.

12. TERMINATION

12.1 . Your access to the Platform may be terminated if:

12.1.1. You voluntarily uninstall the Platform from Your device;

12.1.2. You knowingly or unknowingly cause direct or indirect breach, as ascertained by Carry1st, of these Terms of Use or Privacy Policy as a whole or in part; or

12.1.3 . You do not pay the requisite fee, if any, should Carry1st charge for use of the App.

12.2 . We may have to terminate Your access to the Platform if:

12.2.1. We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes, unlawful);

12.2.2. The third-party Person, with whom We offered the Platform to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;

12.2.3. The provision of Platform to You, is no longer commercially viable or feasible for Us; or

12.2.4. You are a repeat infringer of this Agreement.

12.3. We may terminate this Agreement at any time, with or without notice and may disable Your access to the Platform and/or bar You from any future use of the Platform. We may also impose limits on certain features and services or restrict your access to parts or the Platform, without notice or liability at any time in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose.

12.4. You may terminate this Agreement at any time by terminating Your access to the Platform. However, You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law and jurisdiction, confidentiality shall survive the efflux of time and the termination of these Terms of Use. certain obligations of Yours under this Agreement shall continue to prevail even on such termination.

12.5. When this Agreement comes to an end, all of the legal rights, obligations, and liabilities that You and Carry1st have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations, and liabilities indefinitely.

13. DISCLAIMER OF WARRANTIES

13.1. To the fullest extent permissible under applicable law, our services and website are provided on an “as is,” and “as available” basis, without warranties of any kind. No warranty of any kind, express, implied, or statutory, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice, is given in conjunction to website, services, or any software or tools contained in website and services and in general.

13.2. We do not warrant that the service or website will be error-free or uninterrupted or that any defects will be corrected in reasonable time. You acknowledge that your use of our Services is at your sole risk.

13.3. We do not guarantee the confidentiality or privacy of any communication or information transmitted through services, on the website or any site linked to the website. We will not be liable for the privacy or security of information, e-mail addresses, registration, and any identification information (if applicable), disk space, communications, confidential or proprietary information, or any other content transmitted to us in any manner, or otherwise connected with your use of our Services or the application.

13.4. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software.

13.5. Carry1st, its officers, directors, employees, affiliates and agents and any other service provider(s) responsible for providing access to the Platform in connection with this Agreement will not be liable for any acts or omissions, including of a third party Person, and including those vendors participating in Carry1st’ offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with Carry1st.

13.6. We may stop provision of the Platform (or any part thereof), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Platform and/or these Terms of Use at Our sole discretion, without any prior notice to You. Your use of the Platform following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).

13.7. You agree that You are responsible for all data charges You incur through use of the Platform.

13.8 Carry1st Platform may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Carry1st does not exercise control over any Internet sites apart from Carry1st and cannot be held responsible for any content residing in any third-party Internet site. Carry1st's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Carry1st of such third-party Internet site.

13.9 If any judicial or quasi-judicial body in Nigeria declares any of the provisions of these Terms of Use to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. Any such inappropriate term or condition will be replaced with another term or condition that is valid and enforceable and is most nearly of similar effect as the original invalid term.

13.10 Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms of Use by You does not amount to surrendering our rights to act with respect to any prior, concurrent, subsequent or similar breaches.

14. SPONSORED CONTENT

14.1. You agree and acknowledge that Carry1st may, pursuant to its engagement with certain Sponsored Content Partners, place certain Sponsored Content on, about, or in conjunction with the other content within the Platform. The manner, mode, and extent of display of such Sponsored Content is subject to change without a specific notice to You. We don’t promise to but will try Our best to give You a prior notice in this regard.

14.2. The content displayed on the Platform is for Your non-commercial and personal use. However, Sponsored Content Partners may use the Platform to display their respective Sponsored Content for commercial purposes. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the Platform.

15. LIMITATION OF LIABILITY

15.1. Your use of the Platform, or any content, including Mobile Games, available thereof is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplaryexeCarry1stary, punitive, monetary or any other damages, fees, fines, penalties, or liabilities whatsoever arising out of or relating to Your use of the Platform or any content thereof, including Mobile Game. To the maximum extent permitted by Applicable Law, Our total liability to You for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the Balance in your Account.

15.2. You may terminate Your access to the Platform if You are not satisfied with the Platform or any Mobile Games.

16. FORCE MAJEURE

Carry1st shall not be liable for any damages whatsoever arising out of Force Majeure Event or other similar circumstances, directly or indirectly to the Users as a result of playing Mobile Games or using the services offered by Carry1st on the Platform. A Force Majeure Event is a real or potential labor disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects the Company’s ability to offer the services or/and the Mobile Games on the Platform. Force majeure or other event beyond Carry1st’s control hindering or delaying the maintenance of the Platform entitles Carry1st to suspend or limit the Platform until further notice.

17. APPLICABLE LAW

17.1. You understand and accept that we are unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to play the games on our application. Any participation in the games is at your sole option, discretion, and risk. By playing the games, you acknowledge that you do not find the games or any other services available on the Website to be offensive, objectionable, unfair, or indecent in any way.

18. ACCOUNT DELETION & DELETION OF PERSONAL DATA

18.1.You can delete your Account, including any personal data that you may have submitted onto out platform, at any time by accessing the “Delete Account” option from the MPL Pro mobile application (accessible from clicking on the Hamburger menu on top left, and then clicking on Profile icon, and then clicking on the top right More Options menu). Use this navigation in the MPL Pro mobile application : Hamburger Menu (Top Left) –> Profile –> Menu option (Top Right) –> Delete Account.

If you have any issues initiating this request for deletion of your account, including for the deletion of any personal data that you may have submitted, please reach out to us at community@mplgaming.com.

18.1.2. Once you opt for Account Deletion on the Platform, we will process this request as per the timeline communicated to you at the time of submission of the Account Deletion request. In all cases, we will confirm our acceptance of the Account Deletion request within 12 hours of making the request, and Your Account will be deleted within 15 days of acceptance.

18.3. Please note that Account Deletion is irreversible. Once deleted, Your Account cannot be retrieved even if you want to come back onto the Platform or have deleted the Account by accident, including if Your Account has been hacked / You have lost control of Your Account.

18.4. Please note that any Winnings that are not withdrawn from Your Account will lapse after Your Account Deletion – please ensure that any Winnings in your Wallet are withdrawn from Your Account prior to opting for Account Deletion;

18.5. Here is what happens to Your Profile Information once Your Account is deleted, which will also have to be read with our Privacy Policy:

18.5.1. The record of Account(s) that You follow, as well as the Account(s) that follow you will be permanently deleted;

18.5.2. Subscriptions or additional services, if any, will lapse immediately;

18.5.3. Any Bonus Coins credited in a User’s Bonus Wallet will be valid for a period of 7 days after which it would automatically expire;

18.5.4. Any Deposits left in Your Account at the time of deletion will be credited to the original payment method. The Deposits will be credited via the same payment instrument(s) as the ones used for depositing cash in Your Deposit Wallet. It is clarified that if the payment instrument associated with Your Account has expired, then such Deposits will be forfeited to Us. We recommend that You update the payment method prior to submitting a deletion request; Subject to 18.4 above, any Winnings (including bonus cash, tickets, cashback) left in Your Account at the time of deletion will lapse after deletion of Your Account;

18.5.5. Once Your Account is successfully deleted, You will not be able to make a new account on the Platform using the same login details.

18.5.6. Details of transactions carried out in Your Account, including KYC verification details and withdrawal beneficiary details, may be retained under Applicable Law, Your gameplay history may be retained as per Applicable Law, including for the purposes listed in section 10 – ‘Compliance, Disclosure, and Notices’.

Grievance Officer

In accordance with the Information Technology Act 2000 and rules made thereunder, We have a Grievance Officer to address Your concerns regarding data safety, privacy, and the Platform usage concerns including complaints You have against other users on the Platform. We will resolve these issues raised by You within 15 (thirty) days from receiving them. You may contact the Grievance Officer at the following coordinates:

Name: Sivaraj K.

Address: Sakti Statesman, 1st floor, Green Glen Layout, Bellandur, Pincode- 560103

Office Hours: 11 am – 7 pm

Email: legal@mplgaming.com

Compliance Officer

We have a Compliance Officer to ensure compliance that the games offered on our platform comply with applicable gaming laws. You may contact the Compliance Officer at the following coordinates: