Effective Date: 15-Januaruy-2026
Last Updated: 15-January-2026

Welcome to Thrico by PulsePlay Digital Private Limited or Thrico (“we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our (website https://thrico.com), mobile applications, and related online services (collectively, the “Platform”).

By accessing or using the Platform, whether as an individual consumer, business, or representative of a business entity, you (“User,” “you,” or “your”) agree to comply with and be bound by these Terms and our Privacy Policy.

1. WHAT’S COVERED IN THESE TERMS

We understand it is easy to overlook legal terms, but these Terms of Use are important because they define the relationship between you and Thrico. They explain what you can expect from us when you use our Platform and what we, in turn, expect from you.

These Terms reflect how Thrico operates as a digital marketing and service platform, the legal framework we follow, and the principles that guide our commitment to transparency, reliability, and responsible data use.

Through these Terms, we aim to ensure that every interaction on the Platform, whether by individual users, business clients, or their representatives is secure, lawful, and beneficial.

2. UNDERSTANDING THESE TERMS

These Terms of Use reflect how Thrico operates as a digital service and marketing platform, the laws that apply to our company, and the principles that guide the way we do business. They are designed to clearly define our relationship with you whether you’re a business partner, a service provider, or an individual user as you access and interact with the Thrico Platform.

These Terms cover the following key areas:

  • What you can expect from us, which explains how we provide, operate, and continually improve our Platform and related services;
  • What we expect from you, which sets out the guidelines, responsibilities, and acceptable standards of conduct when using the Platform;
  • Content and intellectual property, which explains ownership rights over the content you share and the materials provided by Thrico or others; and
  • If problems or disputes arise, which outlines your legal rights, available remedies, and the steps Thrico may take if these Terms are violated.

Understanding these Terms is important because, by accessing or using the Thrico Platform, you agree to be bound by them and to use our services responsibly and lawfully.

In addition to these Terms, we also maintain a Privacy Policy that explains how we collect, use, store, and protect personal information. While it is not part of these Terms, we encourage you to read it carefully to understand how you can manage, access, and control your data while using Thrico.

3. SERVICE PROVIDER

Thrico managed by PulsePlay Digital Private Limited

Registered Office: Sushma Cottage, Ram Nagar, Dharamshala, Himachal Pradesh 176215. Email: thrico.dpo@pulseplaydigital.com

Phone: +91-9175100108

4. ELIGIBILITY

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is higher, to use the platform. Businesses must be validly incorporated or registered under applicable laws. Thrico reserves the right to verify user identity and eligibility at any time.

5. WHAT YOU CAN EXPECT FROM US

Thrico empowers you, whether you are a brand, organization, community or influencer to build and manage your own branded community space. From managing members to driving engagement and monetising interactions, we provide a modern, unified platform designed for scale.

Key Features:

  • A branded web and mobile presence where your community members to connect, complete with your identity.
  • Modules including feeds, connections, discussion forums, events, jobs, marketplace, and more unified in one platform.
  • Robust backend tools for community owners: admin dashboard, analytics & insights, moderation, and access-control, to help you manage and grow your community.
  • Customisability and integrations: tailor the look and features of your community to align with your brand, and connect to external tools like payment gateways, data systems and chat features.

Our Promise:

  • We will provide the platform “as is” with the features as described, and will continuously work to improve it, add new modules, scale performance, and enhance security.
  • We will maintain tools for you to engage your community, collect insights, and drive outcomes, helping your community thrive.
  • We will support both individual users (members of your community) and platform owners/admins (you) in having a safe, functional, and secure experience.

6. WHAT WE EXPECT FROM YOU

Your permission to access and use the Thrico Platform continues only as long as you comply with:

  • These Terms of Use,
  • Our Privacy Policy,
  • Community Guidelines and
  • User Support Documentation.

We also provide various resources, policies, and support materials to help you understand how to use the Platform responsibly. In some cases, we may provide additional instructions or warnings directly within the Platform, such as pop-ups or notices regarding account security, content uploads, or data permissions. You agree to read and follow these notices carefully.

7. RESPECT OTHERS

We aim to maintain a safe, positive, and inclusive environment for everyone using Thrico, including brands, creators, community leaders, and members. All users must follow these basic rules of conduct:

  • Comply with all applicable laws, including those related to privacy, data protection, intellectual property, anti-money laundering, and digital communications.
  • Respect the rights and dignity of others, including privacy, reputation, and intellectual property rights.
  • Do not engage in harmful, abusive, or misleading behaviour, including but not limited to:
    1. Impersonating another individual or brand;
    2. Defaming, harassing, threatening, bullying, or stalking others;
    3. Sharing or hosting obscene, sexually explicit, or discriminatory content;
    4. Exploiting minors or promoting any activity that could endanger others; or
    5. Encouraging or assisting anyone to break applicable laws.

Thrico encourages open expression, but not at the expense of respect, safety, or lawful conduct. Users are expected to contribute responsibly to communities, ensuring discussions and content remain appropriate and constructive.

If you observe behaviour or content that violates these Terms, you can report it using the in-platform reporting tools or through our support channels. We review reports promptly and take appropriate action in accordance with our Content and Community Guidelines.

8. DON’T MISUSE THE PLATFORM

Thrico’s Platform and its features including community spaces, feeds, events, jobs, marketplace, and communication tools are designed to help people connect meaningfully. To protect this experience, you must not misuse or interfere with the Platform, its systems, or its users.

You must not:

  • Introduce or distribute malware, viruses, or harmful code;
  • Attempt to hack, scrape, or bypass security or access controls;
  • Create fake accounts, reviews, or communities;
  • Use the Platform for phishing, scams, or fraudulent activities;
  • Pretend to represent Thrico, or falsely claim endorsement by Thrico;
  • Post, share, or promote content that infringes on others’ rights or violates intellectual property laws;
  • Manipulate analytics, engagement metrics, or monetisation features in deceptive ways;
  • Use automated systems (bots, scripts, scrapers) to collect or extract data without authorization;
  • Reverse engineer, copy, or attempt to derive source code or algorithms from the Platform or any related service; or
  • Use the Platform to develop, test, or train AI or machine learning models without written permission from Thrico.

We reserve the right to suspend or terminate accounts that engage in such activity, and to remove harmful or unlawful content without prior notice, in accordance with applicable laws.

9. OUR SHARED RESPONSIBILITY

Thrico is built on collaboration and trust. We expect all users-businesses and individuals alike to maintain integrity, transparency, and respect in their interactions. Misuse of the Platform not only affects individual users but also harms the larger community ecosystem.

10. LICENSES

Thrico, operated by PulsePlay Digital Private Limited, grants you a personal, non- exclusive, non-transferable, limited, and revocable license to:

  • access and use the Thrico Platform and related services in accordance with these Terms; and
  • download, install, or access any Thrico mobile or web application solely for your authorized use of the Platform.

You agree not to:

  • Copy, modify, adapt, translate, or create derivative works from the Platform or any portion thereof;
  • Distribute, transmit, display, sell, lease, or sublicense any portion of the Platform;
  • Decompile, reverse engineer, disassemble, or attempt to extract source code from the Platform or its systems; or
  • Circumvent or interfere with security, access controls, or usage limits within the Platform.

Any unauthorized use or violation of this license automatically terminates your right to use the Platform and may result in suspension or legal action as permitted by law.

11. YOUR CONTENT AND USAGE DATA

You may upload, submit, store, share, or publish text, images, audio, video, data, or other materials on the Platform (“Your Content”). You always remain the owner of Your Content.

However, to enable us to operate and improve the Platform, you grant Thrico a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

  • Host, store, reproduce, process, adapt, modify, publish, distribute, and display Your Content for the purpose of providing, maintaining, and improving the Platform and related services;
  • Use Your Content within your communities and with other users in accordance with your privacy and visibility settings; and
  • Generate analytics, benchmarking, and usage insights from Your Content and related activity on the Platform (collectively “Usage Data”).

Thrico may also process aggregated and anonymized Usage Data for lawful business purposes, including platform optimization, feature development, reporting, and analytics provided that such data does not personally identify you or disclose confidential information.

This license continues for as long as Your Content is available on the Platform and, with respect to anonymized Usage Data, for so long as is necessary for legitimate business purposes, subject to applicable law.

12. DISCLAIMER AND CONTENT RESPONSIBILITY

You are solely responsible for ensuring that your Content and your use of the Platform comply with all applicable laws, regulations, and community standards. You represent and warrant that your Content:

Does not infringe upon any third-party rights (including copyright, trademark, or privacy rights);

  • Does not contain unlawful, defamatory, obscene, or harmful material; and
  • Complies with these Terms and applicable content guidelines.

Thrico does not pre-screen or actively monitor all user-submitted content. However, we reserve the right, at our sole discretion and without notice, to review, remove, block, or disable access to any content that we reasonably believe:

  • Violates these Terms or applicable laws;
  • Harms other users or the integrity of the Platform; or
  • Is otherwise objectionable, offensive, or inconsistent with the values and intent of the Thrico community.

We do not claim ownership over Your Content and assume no liability for any content posted, shared, or transmitted by users.

13. LICENSE TO BUSINESS AND COMMUNITY ADMINISTRATORS

If you operate a brand, community, or organization on Thrico, you are granted a limited license to manage, customize, and distribute content within your community environment. You may not sublicense or commercialize Thrico’s platform technology or branding outside of authorized use.

Thrico reserves the right to audit community use to ensure compliance and to suspend accounts found misusing administrative privileges.

14. TERMINATION OF LICENSE

Your license to use the Platform automatically terminates if you violate these Terms or applicable laws. Upon termination, you must cease all access and delete any copies or installations of Thrico materials from your devices.

15. SUBSCRIPTION, FEES, AND PAYMENT

  1. SUBSCRIPTION PLANS

Thrico offers a range of subscription plans tailored to meet the needs of businesses of various sizes and industries. Each plan may include different usage limits, features, support levels, and pricing.

  1. PAYMENT TERMS

Subscription fees are billed in advance on a monthly, quarterly, or annual basis, depending on the plan selected. The Customer is responsible for maintaining accurate billing information and ensuring timely payment. Fees will be automatically charged based on

the agreed billing cycle unless otherwise specified in a written agreement. Failure to make timely payment may result in suspension or termination of Services until outstanding dues are cleared. Thrico reserves the right to take appropriate legal action for recovery of outstanding dues, as permitted by applicable law.

  1. PAYMENT METHODS

Thrico accepts payments via credit cards, bank transfers, digital wallets, and net banking, processed securely through authorized payment gateways. By providing billing details, you authorize Thrico to charge the chosen payment method for all fees due under your plan, including applicable taxes, duties, and late charges (if any). All payments must follow the terms outlined in your invoice, order form.

  1. TAXES:

All fees are exclusive of applicable taxes, including but not limited to GST, sales tax, or other governmental levies. Customers are solely responsible for paying such taxes related to their use of the Services. Where required by law, Thrico may collect and remit applicable taxes and will include such amounts on the invoice.

  1. REFUNDS AND CANCELLATIONS:

Unless otherwise stated in a separate Service Level Agreement (SLA) or Master Service Agreement (MSA), all subscription fees are non-refundable. Thrico may, at its sole discretion, issue a refund or service credit only in cases where service disruption or failure is directly attributable to Thrico, and subject to applicable law.

Cancellations must comply with the notice period and process specified in the applicable Order Form or MSA. Failure to provide timely notice may result in continued billing until the end of the current billing cycle or contract term.

  1. LATE PAYMENTS:

Unpaid invoices may result in temporary suspension of Services until full payment is received. Thrico may charge interest or late fees as permitted by applicable law on overdue

balances. Suspension of Services does not release the Customer from payment obligations for accrued charges or contractually agreed fees.

16. CONTINGENCY, REGULATORY AND UNFORESEEN EVENTS

  1. Notwithstanding anything contained elsewhere in this agreement, the customer acknowledges and agrees that certain modules, features or functionalities of the Thrico platform may be modified, restricted, suspended or discontinued in whole or in part, on a temporary or permanent basis, due to the occurrence of any contingency, including but not limited to:
    • Enactment, amendment, repeal or change in any applicable law, regulation, rule, directive, guideline or governmental policy
    • Orders, advisories, directions or requirements issued by any governmental, regulatory, judicial or statutory authority
    • Compliance obligations arising under data protection, content moderation, intermediary liability, financial, consumer protection or technology specific laws
    • Geopolitical events, sanctions, trade restrictions or country-specific legal prohibitions.
    • Any other unforeseen event or circumstance beyond Thrico’s reasonable control that renders continued operation of a specific feature unlawful, non – compliant, or commercially impracticable in a particular jurisdiction.

In such circumstances, Thrico shall have the sole and absolute discretion to disable, georestrict, modify or withdraw the affected module or feature for the relevant country or region, without any obligation to provide a substitute feature, compensation, refund or damages, except as required by applicable law.

The customer expressly acknowledges that the availability of modules and features listed on https://thrico.com is subject to applicable laws and contingencies, and that no representation or warranty is made that any feature shall remain available in all jurisdictions or for any minimum duration.

Any action taken by Thrico pursuant to this Clause shall not be deemed a breach of this Agreement, service, deficiency or failure of performance.

17. OWNERSHIP; TRADEMARKS; OPERATION OF THE PLATFORM

  1. OWNERSHIP

The Thrico Platform, its software, user interface, design, databases, analytics, text, graphics, images, and all other materials made available through it (collectively, the “Thrico Materials”) are protected by applicable copyright, trademark, and other intellectual property laws.

All rights, title, and interest in the Platform and the Thrico Materials including their “look and feel” are owned by PulsePlay Digital Private Limited or its licensors. Except as expressly permitted under these Terms, no license or right is granted to you by implication or otherwise.

Any unauthorized use, copying, modification, or distribution of the Platform or the Thrico Materials may violate applicable laws and may result in civil or criminal liability. Users are solely responsible and liable for all content, data, materials, or information they upload, submit, transmit, or share through Thrico. This includes ensuring that such content is lawful, does not infringe the rights of any third party, and complies with all applicable data protection, privacy, and intellectual-property laws. Thrico shall not be responsible or liable for any user-generated content or any consequences arising from a user’s actions on the Platform, except as required by applicable law.

  1. TRADEMARKS

The names, logos, service marks, and designs associated with Thrico are trademarks or trade dress of PulsePlay Digital Private Limited.

You may not use, display, or reproduce any Thrico trademark or logo without our prior written consent.

You must not imply any affiliation, sponsorship, or endorsement by Thrico without express authorization.

  1. OPERATION OF THE PLATFORM

The Thrico Platform is operated by PulsePlay Digital Private Limited in India. We make no representation that the Platform or its content is appropriate or available for use in all jurisdictions. Users who access the Platform from outside India are responsible for compliance with applicable local laws and regulations.

  1. RESERVATION OF RIGHTS:

All rights not expressly granted to Consumer under this Agreement are reserved by Thrico and its licensors. Nothing in these Terms shall be construed as granting any implied rights by conduct, usage, or trade practice.

The consumer acknowledges that all intellectual property rights in and to the Services, platform, content, software, and related materials remain the exclusive property of Thrico or its licensors. The consumer shall not claim or assert any ownership, license, or other usage rights in the Services or content beyond the limited, non-exclusive, and revocable rights expressly granted under these Terms.

18. THIRD-PARTY

  1. THIRD-PARTY SOFTWARE

The Thrico Platform or App may include or rely on third-party software components or integrations licensed under separate terms.

Your use of such third-party software in conjunction with the Platform is permitted only as long as you comply with:

  • These Terms; and
  • Any applicable third-party license conditions.

Thrico does not claim ownership of third-party software and provides it “as is.” Your rights with respect to such components are governed by the relevant third-party terms, which may grant you broader usage rights than those provided here.

  1. THIRD-PARTY CONTENT

The Platform may display or link to content, products, or services provided by third parties (including communities, advertisers, or partners). Thrico has no control over third-party content, websites, or their privacy practices, and is not responsible for their accuracy, legality, or reliability.

When you access a third-party website or service, you do so at your own risk and should review that party’s privacy policy and terms of service before providing any personal information or engaging with their offerings. Any link, reference, or integration on Thrico does not imply endorsement or affiliation unless expressly stated by Thrico.

  1. THIRD-PARTY MATERIALS

While using Thrico, you may encounter data, information, media, or applications provided by third parties or other users (“Third-Party Materials”).

Some Third-Party Materials may contain inaccuracies, errors, or opinions that do not reflect Thrico’s views. You access and rely on such materials at your sole discretion and risk.

Thrico assumes no liability for any Third-Party Materials that may be incomplete, unlawful, offensive, misleading, or otherwise objectionable.

We reserve the right, but not the obligation, to remove or restrict access to such content if it violates these Terms or applicable laws.

18.4. COMMUNITY TERMS

Thrico allows brands, organizations, and individuals to create and manage independent communities on the Platform (“Communities”). Each Community may establish its own rules, policies, and privacy terms (“Community Terms”).

By joining or participating in any Community, you agree to comply with:

  • These Thrico Terms of Use; and
  • The specific Community Terms applicable to that space.

If a conflict arises between Community Terms and these Terms, Thrico’s Terms of Use prevail to the extent of inconsistency.

18.5 DISPUTES WITH THIRD PARTIES

Thrico is not affiliated with any third-party services, platforms, or users that may be accessed through or interact with the Services. Any dispute, claim, or issue you have with a third-party service, vendor, partner, or other user of the platform is solely between you and that third party.

You hereby release Thrico (including its affiliates, officers, employees, and agents) from all claims, demands, and damages of any kind known or unknown, actual or consequential arising out of or in any way related to such disputes or interactions.

You agree to exercise reasonable caution in all communications and transactions with other users or third parties, including when sharing personal or confidential information or meeting in person. You assume full responsibility and risk associated with such interactions and agree to hold Thrico harmless from any resulting loss, liability, or claim.

18.6. CHILD SAFETY AND PROTECTION

Thrico maintains a zero-tolerance policy toward child sexual abuse material (CSAM), exploitation, or any content or conduct involving minors that is abusive, sexual, or suggestive in nature.

This includes, but is not limited to:

  • Uploading, sharing, or requesting explicit or suggestive material involving minors;
  • Grooming, solicitation, or predatory behaviour; or
  • Any attempt to exploit, endanger, or impersonate a minor.

If you come across such content, report it immediately using Thrico’s in-platform reporting feature or contact our support team. Upon confirmation, Thrico will:

  • Remove the violative content;
  • Permanently suspend or ban the involved accounts; and
  • Report the material and associated data to the relevant law-enforcement or child- protection authorities as required under applicable laws.

Thrico cooperates with child safety organizations and authorities in all jurisdictions where it operates to ensure full legal compliance and user protection.

19. DISCLAIMERS

The Services, materials, and content on https://thrico.com/ and / or thrico mobile app on iOS or Google playstore (“Thrico,” “we,” “our,” or “us”) are provided on an “as is” and “as available” basis, without any warranties, express or implied, including but not limited to warranties of merchantability, title, or non-infringement, except to the extent such warranties cannot be disclaimed under applicable law.

We do not warrant that the Services will be error-free, uninterrupted, secure, or virus-free, or that any content provided will be accurate, complete, or reliable. Your use of the Services is at your own risk, and you are solely responsible for any damage or data loss resulting from such use.

Thrico is not liable for any loss or damage arising from:

  • errors, omissions, or inaccuracies in the Services or content;
  • third-party links, content, or websites;
  • service interruptions or unavailability; or
  • your use of any equipment, software, or materials in connection with the Services.

Any dealings with third parties, including advertisers or service providers, are solely between you and those parties. Thrico does not endorse or assume responsibility for their content, products, or services.

While we strive for accuracy, Thrico does not guarantee that all information or materials on the Services are current, complete, or error-free.

Some jurisdictions do not allow limitations on implied warranties, so certain exclusions above may not apply to you.

20. LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall Thrico, its directors, officers, employees, affiliates, subsidiaries, parent companies, shareholders, agents, or representatives be liable for any direct, indirect, incidental, consequential, special, or punitive damages, or any other losses of any kind, arising out of or related to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.

In no event shall Thrico’s aggregate liability for any claims arising out of or relating to these Terms or your use of the Services, whether in contract, tort (including negligence), warranty, or otherwise, exceed the total amount paid by you for the services during the three (3) months preceding the claim.

These exclusions and limitations apply to the maximum extent permitted by applicable law and will survive any cancellation, suspension, or termination of your account or access to the Services.

Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties. In such cases, these limitations will apply only to the extent permitted under the laws of your country of residence, and you may have additional rights.

21. INFRINGEMENT CLAIMS

  1. NOTIFICATION OF INFRINGEMENT

In the event the user becomes aware of any actual, threatened, or suspected infringement, misappropriation, or unauthorized use of Thrico’s intellectual property rights, the user shall promptly notify Thrico in writing. The User agrees to provide all relevant details, supporting evidence, and reasonable cooperation as may be requested by Thrico to assist in protecting and enforcing its intellectual property rights.

  1. ENFORCEMENT AUTHORITY

Thrico retains the sole and exclusive authority to determine whether, and in what manner, to enforce its intellectual property rights, including the initiation of legal proceedings or other remedial actions. The User shall not initiate, participate in, or engage in any enforcement, settlement, or negotiation relating to Thrico’s intellectual property without Thrico’s prior written consent.

22. DATA PROTECTION AND SECURITY

  1. COMPLIANCE:

Thrico values your privacy and complies with applicable data protection laws, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 (DPDP Act), the General Data Protection Regulation (GDPR), and other relevant global standards. Both Thrico and its Customers shall ensure that any personal data shared or processed through the Platform is handled lawfully and securely.

  1. DATA COLLECTED:

Thrico may collect and process business and usage information such as contact details, organizational identifiers, IP addresses, system logs, and transactional data to provide and support the Services. Customers confirm that any personal or third-party data shared with Thrico is obtained lawfully and with all required consents.

  1. CUSTOMER RESPONSIBILITIES:

Customers are responsible for:

  • Providing accurate and updated data.
  • Obtaining necessary consents or lawful bases for data sharing.
  • Maintaining appropriate technical and organizational safeguards; and
  • Ensuring compliance with applicable data protection laws for any user or third-party data shared with Thrico.
  1. USER’S RESPONSIBILITIES:

Users are responsible for:

  • Providing accurate, complete, and up-to-date information when creating or managing their accounts or interacting with the platform.
  • Ensuring they have the rights or permissions to upload, submit, or share any content or data through Thrico.
  • Maintaining the security of their accounts, including adopting reasonable technical and organizational measures (such as safeguarding login credentials and devices);
  • Using the platform in compliance with applicable laws, including data protection, privacy, and intellectual-property regulations.
  • Respecting the rights and privacy of other users, customers, and third parties when accessing, sharing, or interacting with data or content available via Thrico.
  1. DATA USAGE

Thrico processes data only for legitimate business purposes, including service delivery, customer support, compliance, and performance improvement. Anonymized or aggregated data may be used for analytics or research, provided it does not identify any individual or organization.

  1. DATA RETENTION:

Personal data is retained only as long as necessary to fulfil service, legal, or compliance requirements. Upon written request, Thrico will delete or anonymize Customer data unless retention is required by law.

  1. SECURITY MEASURES:

Thrico employs industry-standard technical and organizational measures to protect data against unauthorized access, loss, or misuse, including encryption, access controls, security audits, and disaster recovery protocols. For more details, Customers may refer to Thrico’s Security Policy.

  1. BREACH NOTIFICATION:

In the event of a confirmed data breach involving Customer data, Thrico will notify affected Customers without undue delay, outlining the nature of the breach, data impacted, potential consequences, and mitigation steps taken.

  1. SUB-PROCESSORS AND TRANSFERS:

Thrico may engage trusted third-party service providers (“Sub-Processors”) to support the Services. Such providers are bound by data protection terms equivalent to this Agreement. Where data is transferred internationally, Thrico implements appropriate safeguards in line with applicable laws.

  1. CUSTOMER RIGHTS AND AUDITS:

Thrico processes Customer data only as instructed and in accordance with applicable laws. Customers may request reasonable evidence of Thrico’s data protection practices or audits, subject to prior notice, confidentiality, and operational feasibility.

  1. PRIVACY POLICY:

In case of any inconsistency between this Section and Thrico’s Privacy Policy, the Privacy Policy shall prevail regarding the handling of personal data. Customers are encouraged to review the latest version at https://thrico.com/privacy-policy.

23. DISPUTE RESOLUTION AND BINDING ARBITRATION

  1. GENERAL:

Except as provided in Sections 12.2 (Exceptions) and 12.3 (Opt-Out), any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or communications from Thrico (collectively, “Disputes”) shall be finally resolved by binding arbitration. Arbitration is conducted by a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may limit discovery, and is subject to limited judicial review. This agreement to arbitrate applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether such Dispute arises during or after termination of these Terms.

BY AGREEING TO THESE TERMS, YOU AND THRICO EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

23.2. EXCEPTIONS:

This arbitration clause shall not prevent either party from:

  • bringing an individual claim in a small claims court of competent jurisdiction.
  • pursuing an enforcement action through an applicable governmental agency, if such action is available.
  • seeking injunctive or equitable relief from a court of competent jurisdiction in aid of arbitration; or
  • initiating a claim in a court of law regarding the infringement, misappropriation, or violation of intellectual property rights.
  1. OPT-OUT:

If you do not wish to resolve Disputes by binding arbitration, you may opt out of this Section within 30 days of first accepting these Terms by sending a written notice (“Opt-Out Notice”) to: PulsePlay Digital Private Limited, Attention: Legal Department – Arbitration.

Your Opt-Out Notice must include: (i) your full legal name, (ii) the email address associated with your Thrico account, and (iii) a clear statement that you wish to opt out of arbitration.

Once Thrico receives your valid Opt-Out Notice, this Section 18 shall not apply to you. The remaining provisions of these Terms shall continue in full force and effect.

  1. ARBITRATION ADMINISTRATION:

Arbitration shall be administered by the Arbitration and Conciliation Centre (Domestic & International), Delhi, or any other recognized arbitral institution mutually agreed upon by the parties, in accordance with its rules then in effect (“Arbitration Rules”), subject to the modifications provided herein. The seat and venue of arbitration shall be Delhi, India, and the proceedings shall be conducted in the English language. The arbitral tribunal shall consist of a sole arbitrator appointed in accordance with the Arbitration Rules. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act,1996, as amended from time to time.

  1. COMMENCEMENT OF ARBITRATION:

Before commencing arbitration, the claimant must first send a written notice of dispute (“Notice of Arbitration”) to the other party by registered post or email. The Notice must include:

  • the claimant’s name and contact information,
  • a description of the nature and basis of the claim or dispute, and
  • the specific relief sought.

The parties shall make reasonable efforts to resolve the dispute amicably within 30 days of receipt of such notice. If no settlement is reached within this period, either party may commence arbitration.

  1. ARBITRATION PROCEEDINGS:

The arbitration shall be conducted in a fair, expeditious, and cost-effective manner. The arbitrator shall issue a reasoned written award, stating the essential findings and conclusions on which the decision is based. Each party shall bear its own legal costs, unless otherwise directed by the arbitrator in the final award.

  1. RELIEF AND AWARD:

The arbitrator may grant any relief that would be available under applicable law in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on the parties and may be enforced in any court having jurisdiction over the matter.

  1. NO CLASS OR REPRESENTATIVE ACTIONS:

YOU AND THRICO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR CONDUCT A CLASS ARBITRATION.

  1. MODIFICATION:

If Thrico makes any material change to this arbitration provision, you may reject such change by providing written notice to Thrico within 30 days of the change, in which case your account will be terminated and the version of this arbitration clause in effect immediately before the change will continue to apply to any Disputes.

24. INDEMNIFICATION:

  1. INDEMNIFICATION BY CUSTOMER:

Customer agrees to indemnify, defend, and hold harmless Thrico, its affiliates, officers, directors, employees, agents, and licensors, from and against any and all third-party claims, demands, suits, losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

  • Customer’s or its Users’ use of the Services in violation of these Terms, applicable laws, or regulations;
  • Customer’s breach of any representation, warranty, or obligation under these Terms;
  • Any Customer Data or other content submitted by or on behalf of Customer that infringes, misappropriates, or otherwise violates any third-party intellectual property, privacy, or proprietary rights;
  • Acts, omissions, or negligence of Customer or its employees, contractors, or Users in connection with use of the Services.
  1. INDEMNIFICATION BY THRICO:

Thrico agrees to indemnify, defend, and hold harmless Customer, its affiliates, officers, and directors, from and against any third-party claims, suits, or actions alleging:

  • That the Services, as provided and used in accordance with these Terms, directly infringe or misappropriate a valid third-party intellectual property right (patent, copyright, or trademark);
  • Breach by Thrico of its confidentiality obligations under these Terms;
  • Gross negligence or willful misconduct by Thrico in connection with the provision of the Services.
  1. PROCEDURES FOR INDEMNIFICATION:

The obligations under this Section are subject to the following conditions:

  • The indemnified party shall promptly notify the indemnifying party in writing of any claim for which indemnification is sought (delay in notice shall not relieve the indemnifying party of its obligations except to the extent it is prejudiced by such delay);
  • The indemnifying party shall have sole control over the defense and settlement of the claim, provided that no settlement may impose any obligation or liability on the indemnified party without its prior written consent (not to be unreasonably withheld);
  • The indemnified party shall reasonably cooperate with the indemnifying party, at the

indemnifying party’s expense, in the defense and settlement of the claim.

  1. EXCLUSIONS:

Thrico shall have no obligation to indemnify Customer under Section 18.1 where the claim arises from:

  • Use of the Services in combination with hardware, software, or services not provided or authorized by Thrico, if the claim would not have arisen but for such combination;
  • Modifications to the Services made by anyone other than Thrico or its authorized agents;
  • Use of the Services in breach of these Terms or outside the scope of permitted use.
  1. LIMITATION OF INDEMNIFICATION:

The indemnification obligations of either Party under this Section shall be subject to the limitations set forth in Limitation of Liability, except to the extent that such limitations are prohibited under applicable law.

  1. DUTY TO MITIGATE:

Each Party shall use commercially reasonable efforts to mitigate any loss, damage, or expense for which it is entitled to seek indemnification from the other Party under this Section.

25. GOVERNING LAW AND JURISDICTION

  1. GOVERNING LAW:

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The Parties agree that this governing law will apply regardless of the physical location of the Customer, its end users, or access to the Services from outside India.

  1. JURISDICTION:

All disputes, controversies, or claims arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts located in Delhi, India/Dharamshala, Himachal Pradesh. The Customer expressly submits to the personal jurisdiction of such courts and waives any objection to venue, including objections based on forum non conveniens.

  1. COMPLIANCE WITH LOCAL LAWS:

The Customer is solely responsible for ensuring compliance with all applicable local, state, national, and international laws, rules, and regulations in the jurisdictions in which it operates, including but not limited to laws related to data protection, privacy, cybersecurity, export control, and the use of cloud-based services. Thrico makes no representation that the Services are appropriate or lawful for use in all territories.

  1. INTERNATIONAL USE:

If the Customer or its Users access or use the Services from locations outside India, such use is at their own risk and responsibility. Customer shall ensure such access complies with all applicable foreign laws and regulations, and Thrico disclaims any liability arising from such cross-border use.

  1. REGULATORY COMPLIANCE COOPERATION:

In the event of any regulatory audit, investigation, inquiry, or enforcement action relating to the Services, the Customer agrees to cooperate in good faith with Thrico and applicable authorities. Such cooperation may include providing data, documentation, and declarations necessary for compliance, subject to confidentiality and applicable legal protections.

  1. INJUNCTIVE RELIEF AND EQUITABLE REMEDIES:

Nothing in this Agreement shall prevent either Party from seeking temporary, preliminary, or permanent injunctive relief, specific performance, or other equitable remedies in any court of competent jurisdiction, to prevent or remedy actual or threatened breaches involving unauthorized use, disclosure, or misappropriation of Confidential Information, Intellectual Property, or data security obligations.

  1. LANGUAGE AND INTERPRETATION:

This Agreement and all related documentation shall be written and interpreted in English language. In the event of any conflict between translated versions and the English version, the English version shall prevail. No provision shall be construed against either Party as the drafter.

  1. ENFORCEMENT AND SEVERABILITY:

If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect. The Parties agree to replace any unenforceable provision with a valid one that most closely reflects the original intent.

  1. STATUTORY COMPLIANCE NOTICES:

To the extent required by applicable Indian law, Thrico shall provide any mandatory notices (including jurisdictional, regulatory, or statutory disclosures) to the Customer via its registered email or contact address. Such electronic delivery shall be deemed sufficient to satisfy any legal requirement for written notice.

26. AMENDMENT AND MODIFICATION:

No amendment or modification of these Terms shall be valid unless it is in writing and signed by duly authorized representatives of both Parties. Notwithstanding the forgoing, Thrico may update or modify these Terms from time to time to reflect changes in law, best practices, or enhancements to the Services, provided that material changes will be communicated to the Customer in advance. Continued use of the Services following notice constitutes acceptance of the revised Terms.

27. ASSIGNMENT:

The Customer may not assign, transfer, or delegate any of its rights or obligations under these Terms, in whole or in part, without Thrico’s prior written consent, and any attempt to do so without such consent shall be null and void. Thrico may assign this Agreement without Customer’s consent in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets, subject to providing notice to the customer.

28. CONSENT TO ELECTRONIC COMMUNICATION:

By using the Services, you consent to receive electronic communications from Thrico in connection with your use of the Services, including for operational, transactional, and informational purposes. You agree that such communications, including notices, agreements, disclosures, and other correspondence sent electronically, shall satisfy any legal requirement that such communications be in writing.

By continuing to use the Services, you also consent to the use of electronic records and digital signatures by Thrico to satisfy any statute, regulation, or rule of law requiring written documentation, and confirm that you have not withdrawn such consent.

29. GENERAL

These Terms constitute the entire agreement between you and Pulse Play Digital Private Limited (“Thrico”) with respect to your access to and use of the Services and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to the same subject matter.

No waiver by Thrico of any provision of these Terms shall be deemed a waiver of such provision in any other instance or a waiver of any other provision. Any failure by Thrico to enforce any right or provision under these Terms shall not be construed as a waiver of such right or provision.

These Terms do not confer any third-party beneficiary rights upon any person or entity.

If you have any questions, comments, or concerns about these Terms, you may contact us at:

Thrico managed by Pulseplay Digital Private Limited

Registered office: Sushma Cottage, Ram Nagar, Dharamshala, Himachal Pradesh 176215 Email: thrico.dpo@pulseplaydigital.com .