Amika Shail app official makes no representations or warranties as to the quality or availability of its entertainment products including but not limited to films, short films, funny videos, performing arts videos, culinary videos, travel videos, fitness videos, news, games; and/or viewing/purchasing personalized celebrity video messages (shout outs for occasions), video one-on-one calls, celebrity chats, one-on-one live interaction with celebrity, live broadcast with celebrity, direct line with celebrity, access to personal channels of celebrity, celebrity content, games with celebrities, in-app purchasing / e-shopping, features, celebrity members, documents, text, graphics, publications, downloads (such as mobile applications), content, tools, forums, resources and other wide range of services on its Website/App ("content") to an individual and/or user and/or recipient (the "user"). Such content may be cancelled or suspended at any time. Content made available under third party links and/or third party app and/or celebrity apps and/or Pearl Arcade Amusement Pvt.Ltd. and/or any other aggregated content and/or licensed content shall be governed by Payment & Refund Policy of its respective third party link, third party app, celebrity app, Pearl Arcade Amusement Pvt.Ltd.or licensor.

An individual and/or user and/or recipient (the "user") accessing the Website/App provides his/her/its details/information during the registration process of the Website/App, represents and warrants as under:

1. The user is above the age of 18 years

2. The user is legally authorized to enter into this agreement with Amika Shail.

The user covenants that:

The user is aware and acknowledges that the T&C govern his/her/its use of the Website/App together with his/her/its use and/or purchase of Amika Shail Content.

The user is aware and acknowledges that the T&C include and incorporate the policies and guidelines referenced below and consents to be bound by the terms of use of the Entertainment Content and/or other Content and/or services described and made available on the Website/App.

The user acknowledges that Amika Shail reserves the right to change and/or revise the T&C at any time by posting any changes or a revised agreement on the Website/App with the date of such change and/or revision and the user consents to be bound by any such revised and/or updated T&C regarding the Entertainment Content, Content and/or services described or made available on the Website/App as per the sole discretion of Amika Shail

The user consents to be bound by the T&C regarding the Entertainment Content and/or other Content and/or services described or made available on the Website/App; and/or made available at each log-in; and/or access to the Website/App.

The user's consent implies acceptance of the T&C of the Entertainment Content and/or other Content and/or services described or made available on the Website/App thereby creating a binding contract between the user and Amika Shail.

Amika Shail ENCOURAGES THE USER TO REVIEW THE T&C WHENEVER HE/SHE/IT VISITS THE WEBSITE TO MAKE ENSURE THAT THE USER UNDERSTANDS THE TERMS AND CONDITIONS GOVERNING USE OF THE WEBSITE/APP AND/OR ENTERTAINMENT CONTENT AND/OR OTHER CONTENT AND/OR SERVICES OFFERRED ON THE WEBSITE/APP. IF THE USER DOES NOT AGREE TO THE T&C, THE USER MAY IMMEDIATELY TERMINATE USE OF THE WEBSITE/APP.

The user is aware and acknowledges that the T&C include and incorporate the policies and guidelines referenced below and consents to be bound by the terms of use of the Entertainment Content and/or other Content and/or services described and made available on the Website/App.

1.1. Intellectual Property. Copyright, trade marks, trade names, trade dress, layout of Website/App and brand elements, in all Content including Entertainment Content and services made available on and/or associated with the Website/App, is owned by Amika Shail (with an exception of Content aggregated under license contracts and/or created by celebrity users ("Celeb Content") under their designated space or based on paid request of a user of the Website/App and/or any third-party information/website links made available on the Website/App). All intellectual property (other than licensed content, Celeb Content and third-party information/website links) including but not limited to Entertainment Content, software, ideas, processes, data, text, media, information, marketing materials and all other Content available on Amika Shail Website/App (individually, and collectively, "Amika Shail Content") are owned by Amika Shail and/or its subsidiaries, affiliated companies and/or its third-party licensors. Any links provided to third-party information/website are provided solely as a convenience to the user. Amika Shail does not endorse the information/contents regarding/on any such third-party website/celebrity app. Amika Shail is not responsible for such third-party content/celebrity app content or any damage that may result to the user from the user's access to or reliance on such third-party/celebrity-app; content/information/website. All access to links to third-party/celebrity-app; content/information/website shall be at the sole risk of the user. Unless otherwise specified, Amika Shail Content, products and services made available on the Website/App are for the personal use of the user and are for non-commercial use. The user shall not modify, make copies, distribute, sell, rent, assign, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer; create internet "links" to or from the service and/or products and/or Amika Shail Content; send spam, infringing, unlawful or tortious material, viruses, harmful computer codes/files/programs; transfer or sell any or any part of information, software, services or products or Amika Shail Content obtained from the Website/App without the written permission from Amika Shail. Amika Shail shall have an irrevocable, perpetual and world-wide license to use feedback, recommendations, testimonials, suggestions or such other related information provided by its user and/or network of professionals to enhance its goodwill and/or present its service.

1.2. License. The user has a limited, non-exclusive, non-transferable right to access Amika Shail Content and/or products and/or service information made available on Amika Shail Website/App. The user is bound by the representation and warranties together with the covenants of the user and the limited non-exclusive license granted by Amika Shail, as set out in the Agreement. The user shall not attempt to gain any unauthorized access to the service or the data contained on the Website/App. The acceptable use of Amika Shail Content and/or products and/or service information made available on Amika Shail Website/App shall be limited to the user's personal purpose. The user is granted a limited, non-exclusive, non-transferable right to use Amika Shail Content, products, materials and service on the Website/App in connection with the user's normal, non-commercial use of the Website/App. User shall not copy, reproduce, transmit, distribute or create derivative works of Amika Shail Content, or information or intellectual property without express written authorization from Amika Shail or the applicable third-party (if third-party content is at issue).

1.3. User posts. By posting, storing or transmitting any content on the Website/App, the user hereby grants Amika Shail a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in perpetuity and throughout the world. Amika Shail does not have the ability to control the nature of the user-generated content offered through the Website/App. The user shall be solely responsible for his/her/its interactions with other users of the Website/App and any content such users post. Amika Shail shall not be liable for any damage or harm resulting from any posts by or interactions between users. Amika Shail reserves the right, but has no obligation, to monitor interactions between and among users of the Website/App and to remove any content Amika Shail deems objectionable.

1.4. User acknowledgement and covenant, regarding, use of Website/App/Amika Shail Content.

1.5. i. The user acknowledges that;

a. Amika Shail is not responsible for any damages resulting from use of the Website/App/Amika Shail Content by anyone.

b. The Website/App/Amika Shail Content provided by Amika Shail is intended to merely provide one stop entertainment OTT platform with a wide range of Entertainment Content and/or Content and/or Celeb Content and/or Amika Shail Content and to facilitate interactions between users inter-se and/or with celebrity users.

c. Each request/message/activity created by the user is a submission under the Agreement.

d. Each message from a celebrity user is owned by the celebrity user who created it, and subject to full payment by the user, the user shall have the right to use such message for his/her/its personal, non-commercial and non-promotional use under the Agreement.

e. Each piece of Amika Shail Content subscribed to or viewed or requested (paid or otherwise) by the user, shall give the user a right to view such Amika Shail Content for his/her/its personal, non-commercial and non-promotional use under the Agreement.

f. Amika Shail does not represent or act on behalf of any celebrity user and/or user.

g. Each user acts as a principal. Amika Shail has a limited role of neutrally making available Amika Shail Content and/or facilitating interactions between users inter-se and/or with celebrity users.

h. Amika Shail is not a guarantor of performance of a user's product request by/from a celebrity user.

i. Amika Shail assumes no responsibility over the safety and/or availability and/or quality and/or legality of Amika Shail Content and/or user requests communicated to celebrity users received and/or communicated through the Website/App.

j. The user and/or the celebrity user shall not under any circumstances hold Amika Shail responsible or liable for action and/or omission of either any celebrity user and/or any user.

1.4.ii. The user covenants that the user;

a. shall not use Amika Shail Content for illegal purposes.

b. abide by all applicable local, state, national, and international laws and regulations in his/her/its use of the Website/App/Amika Shail Content (including laws regarding intellectual property).

c. not interfere with or disrupt the use and enjoyment of the Website/App/ Amika Shail Content by other users.

d. not resell material on the Website/App.

e. not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.

f. not defame, harass, abuse, or disrupt use/access of other users including celebrity users of the Website/App/Amika Shail Content.

g. shall not initiate legal action against Amika Shail and/or any celebrity user in the event of non-acceptance of user request or non-completion of user request, for any Amika Shail Content or product either by Amika Shail or by the celebrity user.

1.5. Username & Password. The user and/or a celebrity user shall register and create an account on the Amika Shail Website/App. After completion of the registration process, the user and/or the celebrity user shall move to an active environment thereby, having access to the Website/App and products/Amika Shail content offered on the said Website/App. The user and/or celebrity user agrees to create his/her/its own unique login identity ("Username" and "Password") that will be used by the said user and/or celebrity user to access Amika Shail Content and/or services on Amika Shail Website/App. The user and/or celebrity user covenants that it shall be his/her/its responsibility to maintain complete security of his/her/its personal login identity, content on the platform and his/her/its respective transactions/requests/activities. The user and/or celebrity user shall be entirely liable for all activities that occur under his/her/its login identity. Amika Shail shall not be responsible and/or liable for any unauthorized activity under any login identity of the user and/or celebrity user. The user and/or celebrity user shall notify Amika Shail immediately, of any unauthorized use of any login identity of the user and/or celebrity user and Amika Shail shall take action that in its discretion is appropriate to address the unauthorized activity. The user and/or celebrity user covenants to access the Website/App and avail Amika Shail Content and/or service and/or products in a secure manner in compliance with T&C adopted by Amika Shail from time to time.

2.1. Membership. The user and/or celebrity user's membership shall continue until terminated as per Clause 5 hereunder. To use Amika Shail OTT Platform the user and/or celebrity user shall need internet access and a device compatible with Amika Shail Website/App and a valid credit card or an accepted payment method option prompted at the time of procuring membership on the Amika Shail Website/App.

2.2. Membership Plan. Amika Shail may offer varied membership plans, including promotional membership plans through third parties. Amika Shail shall not be responsible for services or service/content related representations provided by any third parties. Membership account details shall be available to the user and/or celebrity user within his/her/its individual account settings. Membership plan related queries may be addressed at the designated helpline number and/or e-mail address.

2.3. Opt-In / Opt-Out Procedure. If a user and/or celebrity user decides to opt-in to the Amika Shail mailing list, they will receive emails that may include Amika Shail news, updates, related Amika Shail Content, product or service information, etc. If at any time the user would like to unsubscribe from receiving future emails, Amika Shail shall include detailed unsubscribe instructions in the footer of each email and the user and/or celebrity user may also unsubscribe receipt of Amika Shail news, updates, related product or service information, etc., within the individual account settings. The opt-out procedure must be read along with the terms of the privacy policy.

2.4. Billing Cycle. The billing cycle for the account shall be on a monthly or annual basis. The user and/or celebrity user authorizes Amika Shail to renew the susbscribed membership for the next billing cycle unless the user and/or celebrity user cancels his/her/its membership before the next billing date. The user and/or celebrity user shall be responsible for paying taxes applicable upon membership sign up and/or purchase and/or subscription of Amika Shail Content.

The user will indemnify, defend and hold harmless Amika Shail and its affiliates, directors, officers, members, managers, shareholders, contractors and employees (collectively "Amika Shail parties") from and against all claims (including third party claims), actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees), that may at any time be incurred by reason of any claim and/or any claim from any third party arising out of or relating to a breach of this agreement and/or breach of the representations and/or warranties and/or covenants set forth in the T&C by the user and/or celebrity user; any claim from a user arising out of the celebrity user's response to a user's request or any claim arising from misuse of the Amika Shail Content/Website/App by user and/or celebrity user; or any claim that is inconsistent with either user or celebrity user's representations or warranties; or any claim arising out of infringement and/or passing off any intellectual property or other proprietary right of any person or entity; or dispute arising out any violation of any provision of these T&C by the user and/or celebrity user; or dispute arising out of any information or data supplied by the user and/or celebrity user (collectively, ‘the Claims') to Amika Shail contained under this Agreement. The user and/or celebrity user ("indemnifying party") will be responsible for defending the claim with legal counsel of Amika Shail parties ("indemnified party")'s choice and Amika Shail parties ("indemnified party") agree(s) to co-operate with reasonable requests of the user and/or celebrity user ("indemnifying party") in connection with the defense at the cost of the user and/or celebrity user ("indemnifying party"). Amika Shail parties ("indemnified party") will have the sole right to approve or reject any compromise, or settlement in resolution of a claim that admits liability or imposes obligations on Amika Shail parties ("indemnified party"). The terms of this Clause will survive any termination or cancellation of these T&C or the user and/or celebrity user's use of the Website/App or Amika Shail Content.

Amika Shail's aggregate liability in tort and contract, arising in connection with the T&C, will not, in any event, exceed the amount paid by the user for the Amika Shail Content and/or services purchased on the Website/App during a period one (1) month prior to the occurrence of the incident asserted. Amika Shail shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with the T&C or the Amika Shail Content in any manner, including liabilities resulting from (1) the use or the inability to use the Website/App or Amika Shail Content or services; (2) the cost of procuring Amika Shail Content or services; (3) any Amika Shail Content or services purchased or obtained or transactions entered into through the Website/App; or (4) any lost profits alleged by the user and/or celebrity user.

5.1 The agreement by virtue of the T&C becomes effective on the date any user first registers on the Website/App of Amika Shail, by creating a login identity and agreeing to the terms and conditions / terms of use under the T&C. The agreement shall remain valid until service is provided by Amika Shail and/or availed of by the said user.

5.2. Amika Shail reserves the right to terminate any user's access to the Website/App if it reasonably believes, in its sole discretion, that the user has breached any of the terms and conditions of the T&C. Following termination, such user will not be permitted to use the Website/App and Amika Shail may, in its sole discretion and without advance notice to such user, cancel any outstanding orders for Amika Shail Content and/or service. If such user's access to the Website/App is terminated, Amika Shail reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website/App. This agreement will survive indefinitely unless and until Amika Shail chooses, in its sole discretion and without advance to the user, to terminate it.

Amika Shail expressly disclaims that any condition, representation or warranty that access and/or use of the service offered by Amika Shail shall be error-free, secure and uninterrupted.

The user shall not assign his/her/its rights and obligations under this agreement / T&C to anyone. Amika Shail may assign its rights and obligations under this agreement / T&C in its sole discretion and without advance notice to the user.

Unless otherwise specified, any notice or other communication given to Amika Shail under the agreement / T&C will be in writing and be delivered by hand or by pre-paid first-class post/courier or be sent by email: to the notice address i.e., Pearl Arcade Amusement Pvt.Ltd., Lotus Building, 803, New Link Rd, opposite Star bazar, Andheri West, Mumbai, Maharashtra 400053 or email at support@Amika Shail.

Arbitration. A person who is not a party to the agreement/ T&C has no right under Indian Contract Act, 1872 or under common law to rely upon or enforce any term of this agreement/ T&C. The agreement and any non-contractual obligations arising therefrom, will be governed by the laws of India, notwithstanding, the conflict of laws principle. Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitral tribunal shall consist of a sole arbitrator appointed by Amika Shail or in case of disagreement between the parties regarding the choice of such sole arbitrator; the sole-arbitrator shall be appointed by the High Court of Mumbai. The language of arbitration shall be English. The parties agree that the arbitral award may be enforced against the parties to the arbitration proceeding or their assets wherever they may be found, and that a court ruling upon enforcement of the arbitral award may be entered in any court having jurisdiction. The foregoing will be without prejudice to Amika Shail's exclusive right to refer any dispute to the courts for resolution where necessary to preserve the subject matter of the action by way of injunctive or declaratory proceeding.

Force Majeure. Under no circumstances will Amika Shail be liable for any delay or failure in performance due in whole or in part to any acts of God; earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, state emergencies, state announced public health lock downs or any other event or cause beyond the reasonable control of Amika Shail.

Governing Law & Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of India. Subject to Clause 8.2, the courts at Mumbai, India shall have the jurisdiction over disputes arising out of the agreement/T&C.

Severability. If any provision of the agreement/T&C is unlawful or unenforceable under any present or future applicable law, it will, to the extent permitted by such law, be severed without affecting the validity of the other provisions. Without prejudice to the foregoing, user and Amika Shail hereto shall mutually agree to provide a legal, valid and enforceable provision as similar in terms and effect to such illegal, invalid or unenforceable provision as may be possible.

No Waiver. Amika Shail's failure to enforce any right or provision of the agreement/T&C will not prevent Amika Shail from enforcing such right or provision in the future and will not be deemed to modify the agreement/T&C.

Miscellaneous: The term "including" in this agreement/T&C will be interpreted broadly and will mean "including, without limitation." Titles are for convenience only and will not be considered when interpreting these Terms.

The governing language of this agreement shall be English. Translations of this agreement shall be non-binding. All communications with respect to this Agreement shall be in the English language.