Effective June 2024
Terms & Conditions
1. PARTIES
The terms "We" / "Us" / "Our"/"Company" individually and collectively refer to Rainbox Media Pvt. Ltd. and its brand name ‘Oneplay’ and the terms "You"/ ”Guest User”/ ”Registered User”/ ”Subscribed User”/ "User" refer to the users.
4. USE OF ONE PLAY SERVICES
Presently, we offer cloud streaming and cloud PC services. Our cloud gaming service allows subscribers to stream games directly from their existing accounts on platforms such as Epic Games and Steam. Users can link their gaming accounts to their account with us, which facilitates the streaming of their purchased or owned games to various devices. This service provides the flexibility to play high-quality games on different devices without needing to download or install the games locally. Our cloud PC is an enhanced cloud service that offers cloud PC functionalities and provides subscribers with access to powerful virtual computers hosted in the cloud. This allows users to perform a wide range of computing tasks remotely. Our cloud PC service enables users to download and play games not available on our platform, use creative applications, perform video editing, and engage in various other computing activities. Each User shall use One Play Services only for personal non-commercial and non-profit use. In the event of any breach of this clause or otherwise, we may limit the availability of our Services in whole or in part, block or deny access to any person, area or jurisdiction at any time and without notice.
5. ACCESS TO ONE PLAY SERVICE
One Play Services can be accessed for free as well as through a subscription based model. You can access these services as a guest user (”Guest User”) or as a Registered User. As a Guest User you can stream limited games and limited features only available on One Play Services. As a Guest User, you agree to be bound by the terms of this Agreement and our Privacy Policy, to the extent they are applicable to you.
6. USER ACCOUNT
a. Some of One Play Services, can be availed only after creating an account (”Registered User”). To become a Registered User you will be required to sign up and create your user account which will contain personal information. It implies providing your phone number. Your mobile number must be verified by you to proceed further through one-time-password which will be sent to you simultaneously via SMS. You will be further asked to provide us with your date of birth to enable your use of age appropriate content on the One Play Services.
b. Upon creation of your user account, you will be assigned a system generated username. If you wish to change your username or add more details to your account like your name, email ID, password, you may do so in the settings section.
c. When creating an account, you represent that:
d. We can terminate your account and your use of One Play Services with no refund of any subscription at any time without notice if we detect Prohibited Activities, or any violation of these Terms by you and we shall not be liable for any loss or damage to you or any third party arising out of such termination.
e. You are responsible for the confidentiality of your identifiers and password, as well as the security of your computer equipment and system.
f. You can delete your user account and stop using our website at any time without notice and without stating a reason.
g. Our cloud PC services may be accessed worldwide. However, the distance between the User and the our data centres, where the servers are located, could affect the quality of the Services, as a result of the additional time required to send the data between the User's terminals and the server. If the User lives outside a country where our Services are officially sold, we shall not be liable for the proper functioning of our Services. Furthermore, we reserve the right to automatically suspend or cancel the User's subscription.
7. SUBSCRIPTION, PAYMENT AND REFUND:
a. Subscription and Payment
i. Some of the One Play Services can be availed only by registered Users who have opted for any specific subscription plan (“Subscription User”). To become a Subscription User, you may be required to provide certain additional personal information as part of the registration process, and make payment of a Subscription Fee.
ii. We may offer different kinds of Subscription plans (“Subscription Plans”), each of these Subscription Plans will be subject to different limitations and restrictions and the cost of each of these Subscription Plans may vary at the sole discretion of One Play. If you subscribe to One Space, your subscription shall include both gaming and comprehensive cloud PC functionalities. After purchasing the subscription, please allow up to 24 hours for the setup of your storage and cloud PC to be completed. Once your subscription is active, an option to access cloud PC will appear on the platform. Users can either play games or launch cloud PC based on their needs. The Subscription Plans opted by you will be applicable for a specified period (“Subscription Term”) as indicated in your account maintained with One Play Services, from the date you subscribed the Service. One Play Service shall remain active for the relevant Subscription Term.
iii. One Space subscribed Users are entitled to utilize the combined gameplay and cloud PC functionalities for a maximum duration of 6 hours per day (both services inclusive). This cap ensures equitable resource distribution and optimal performance for all users. Users can monitor their daily usage through the settings tab available in their account, which provides real-time tracking of both gameplay and cloud PC usage. At the time of renewal of plan, Users can also choose to downgrade their plan however, any downgrade will be subject to the terms outlined in the Data Management clause. Unused daily usage hours do not roll over to subsequent days. Each day provides a fresh 6-hour usage window (or as specified by the user's plan), encouraging balanced and consistent usage. Adherence to the daily usage limit is mandatory to ensure fair usage across all users.
iv. Our Subscription Plans are non-recurring and do not automatically renew at the conclusion of the billing cycle. Subscribed Users have the option to purchase multiple monthly plans, each commencing automatically upon the expiration of the existing plan. Upcoming monthly plans are accessible and viewable on the user's account subscriptions page maintained with One Play.
v. The Subscription Fee is charged through the selected payment method. Users agree to adhere to the terms and agreements governing their use of the payment systems available on our One Play Services.
vi. Subscription fees, as well as any associated fees related to the use of our One Play Services, including taxes and transaction fees, will be charged and debited upon payment for any Subscription Plan. Subscribed Users are responsible for any costs related to their internet connection.
vii. If additional fees are charged by the bank or payment system, or if the Subscription Fee is considered taxable per applicable laws, users are responsible for such fees.
viii. We reserve the right to change, terminate or otherwise amend the Subscription Plans, Subscription Fees, and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the One Play Service. Your continued use of the One Play Service shall be deemed to be your conclusive acceptance of all such amendments. If you do not accept, or do not wish to be subject to such amendments, your, sole recourse shall be to cancel your membership and discontinue using the Service.
b. Refund and Cancellation Policy
i. OnePlay does not provide refunds for any subscription plans. It is the responsibility of the user to conduct necessary due diligence, including performing a speed test, prior to purchasing a subscription. In exceptional circumstances, users may submit a cancellation request to the support team, accompanied by the reasons for such a request. The approval of any cancellation is subject to the sole discretion of the support team and will be considered on a case-by-case basis.
ii. Users may request the cancellation of upcoming subscription plans by notifying the support team no less than five (5) days prior to the commencement of the next billing cycle.
iii. For any inquiries or to submit a cancellation request, users should contact OnePlay support at support@oneplay.in.
c. Disclaimer
i. Users acknowledge that no compensation or refund requests will be entertained in the event of dissatisfaction with our One Play Services, hardware incapacity to maintain seamless website operation, unmet expectations, or discrepancies from advertised functionality.
ii. Users are responsible for the security of bank cards and payment instruments used for transactions on our website. Refund claims related to unauthorized card use will only be accepted with official notifications of fraud from relevant authorities.
iii. You also understand and acknowledge that we only facilitate the third-party payment gateway for processing of payments. The third-party payment gateway service provider will require certain financial information including your credit card /debit card or other banking information. Other than providing a confirmation upon receipt of payment against a membership account, we disclaim any and all liabilities in relation to your payment processing by such third-party payment gateway service provider and the collection and processing of any information provided to third- party payment gateway service provider. While using such payment gateways to make payments to us, you will be abided by the user agreement/terms of use and privacy policies of such payment gateway service provider. We request You to please make yourself familiar with the user agreement/terms of use and privacy policies of your respective payment gateway service provider before using such service.
iv. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card/UPI id details and any other information requested by the payment gateway service provider during the subscription process. You represent and warrant that you have the right to use any of the card details or other payment information that you submit as part of your chosen Payment Method. We further clarify that we do not receive or collect any of your financial information including bank account number, credit card and/or debit card number, one-time-passwords sent by your bank, passwords, bank customer IDs etc., and will not be responsible for misuse of such information by any- one. You agree and acknowledge that we shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card/debit card/banking fraud.
v. You can file any complaint related to payment processing by writing to Us directly on support@oneplay.in and the same will be forwarded to the concerned third party payment gateway provider for redressal.
8. ACCOUNT DEACTIVATION AND DELETION
a. Account Deactivation Process
i. When you opt to deactivate your account, you're initiating the process of permanently removing it from our platform. This deactivation period spans over 30 days, affording you an opportunity to reconsider your decision. Throughout this interval, your account remains inactive, precluding access to its games and other platform features.
ii. Any ongoing active subscriptions linked to your account will continue during the deactivation period. Despite deactivating the account, all game progress is preserved. You can seamlessly resume playing from the stage you left off when you reactivate your account.
iii. However, it's imperative to note that deactivation doesn't immediately delete the account; rather, it sets in motion a 30-day countdown toward permanent deletion.
iv. Following the lapse of the 30-day deactivation window, your account is permanently deleted from our system.
b. Data Management post deletion/ deactivation and post-subscription
i. Once your account is deleted, you permanently lose access to your account, game progress and subscriptions. We may retain your personal data as long as we are mandated to do so by the Applicable Law.
ii. If a user chooses not to renew their One Space plan subscription, their data will be securely retained for a period of 7 days starting from the date of subscription expiration. This retention period is provided to give users an opportunity to renew their subscription and retain access to their data. During these 7 days, users can still renew their subscription to regain full access to their OneSpace services and data without any loss. After the 7-day retention period has elapsed, all data associated with the user's cloud PC will be permanently and irreversibly deleted from our servers. This process is conducted to ensure the privacy and security of user data, preventing unauthorized access. Users are strongly encouraged to back up any critical data before the expiration of their subscription to avoid data loss.
iii. If a user opts to renew their subscription with a downgraded plan, a confirmation will be taken from the user to confirm whether they agree to the immediate deletion of their data. Upon receiving user confirmation, data associated with your One Space subscription will be permanently deleted.
9. USE OF CONTENT
a. All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing on One Play Services, except as otherwise noted, are properties either owned, or used under license or permission, or sourced from third party open networks by the Company. The use of these properties or any other content on One Play Services, except as provided in these terms and conditions or in the site content, is strictly prohibited. In the event you are accessing Our services through a third party platform (eg. Samsung Tizen etc.), the Company and its licensors continue to own all the content available on Our application on such platforms to the express exclusion of the third party platforms.
b. Except as expressly provided in these Terms, no part of our website and no Content may be copied, reproduced, republished, uploaded, downloaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any computer, server, website, other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
c. Any use of the Content not expressly permitted by the Terms is a breach of the Terms and may violate copyright, patent, trademark and other laws including such owned by third parties. You agree to abide by all copyright notices, information, or restrictions contained in or attached to the Content.
d. While using our website you may access third-party content, including third party intellectual property. You agree to comply with all rules related to the use of such third-party content and intellectual property.
e. While using our website you may access third-party software products, including but not limited to video games. Some of such Content may be restricted for minors and persons below certain age. You agree to comply with all rules and requirements related to such age restrictions.
f. To the extent that you provide User Content to us, you grant (and represent that you have the right to grant) us an irrevocable, non-exclusive, royalty-free, fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit such User Content, and to grant sublicenses of the foregoing rights, in connection with the operation and improvement of our Website. You irrevocably waive (and agree to cause to be waived) any claims of moral rights or attribution with respect to your User Content.
10. PROHIBITED ACTIVITIES
a. You may not sell or modify the content of One Play Services or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organization's or entity's written permission. The Company holds the right to add/remove/replace/change any games offered at its discretion, without having to inform the User prior to the changes.
b. Users are prohibited from violating or attempting to violate the security of One Play Services, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services, (5) use our website or servers for mining cryptocurrency. Violations of system or network security may result in civil or criminal liability. The Company has the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
c. Users may not use One Play Services in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful. If any user is found sharing their account with multiple individuals, and/or if any suspicious activity is noticed from an account, that account will be permanently banned. If any user is found installing any external softwares including games on the servers, that account will be permanently banned without the claim for any refund.
d. Users shall not use One Play Services for unlawful or prohibited purposes. Users agree not to attempt, through any means, to gain unauthorized access to any part of our One Play Services, user accounts, computer system or network connected to our servers. We monitor all activities on our One Play Services for security and other purposes.
e. Without limiting the foregoing, Users will not use our One Play Services to:
f. Any threatened or actual breach of any of the provisions of this Clause shall immediately and automatically, without any prior notice, lead to suspension of your account and termination of your subscription without any claim for refund towards the subscription paid by you.
g. You are responsible for your data. If you engage in activities like torrenting, VPN, or any other services that alter the network or boot settings, or anything that disrupts the normal flow, we are not liable for any unrecoverable state of your OneSpace.
11. INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of our One Play Services or their breach of the terms.
12. WARRANTIES AND LIMITATION OF LIABILITY
a. User agrees that neither the Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if the Company has been advised of the possibility of such damages.
b. User agrees that neither the Company nor its group companies, directors, officers or employee shall be liable for any damages, resulting from the use Third Party Services on the it's platform.
c. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
d. User agrees that the Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall the Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
e. In no event shall the Company or any parties, organizations or entities associated with the brand ‘Oneplay’ or otherwise, be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
f. If the User uses the Cloud PC services for professional purposes in violation of these terms, the Company shall not be liable for any damages resulting from professional use, including business loss, data loss, profit loss, or any other indirect or unforeseen damages.
g. Since the Company does not control the content or activity of the User, especially regarding the legality or licensed use of content or software, the User is solely responsible for the use of their our services and for the content and information stored thereon. The Company shall not be held liable for the User's activities or the content and information saved in their account.
13. INTELLECTUAL PROPERTY, LICENSE, AND RELATED TERMS
a. Oneplay and all rights related thereto are and shall remain our exclusive property or exclusive property of our licensors or other third parties. All creative elements placed on our website are protected by intellectual property rights. All trademarks, logos, graphics, photographs, animations, videos, texts, content and other distinctive signs appearing on our website are the intellectual property of the Company, our licensors or third parties. The software (including video games) that is made available through our website is and shall remain the intellectual property of respective owners. Therefore, such property cannot be reproduced, used or represented without the prior written authorization of the Company or respective owners.
b. You have no right or interest in the Company other than as expressly granted herein.
c. Your Feedback given to us, including by means of automated upload features do not give you any rights in any release of Oneplay and do not require us to implement your suggestions.
d. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use, access, and download (if applicable) our Services for your personal, non-commercial use. This user licence includes the right to install and use a copy of the our software on each device. The licence is granted to the User for the duration of the subscription period and will be automatically cancelled at the end of the period, regardless of the reason for terminating the contract.
e. We reserve the right, at any time, to modify, suspend, or discontinue all or any element of our website or software (in whole or in part) and/or suspend your license granted in this Section with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
f. We will provide you with support and maintenance in connection with use of our website (“Support”). However, we will on our own discretion determine the scope of the Support and activities that we will or will not carry out during the Support. We cannot guarantee that we will fix the issue you address us with.
g. As a part of using our website, you may access the content owned and/or hosted by third parties. We cannot monitor such content and that you access it at your own risk, as well as that you have fully complied with all rules related to the use of such content and have entered into applicable agreements and made applicable transactions with third parties to be able to use and access such content.
h. Neither these Terms nor your access to our website transfers to you or any other party any rights, title or interest in or to any intellectual property rights.
i. You agree to comply with, and your license to use our website is conditioned upon your compliance with, all applicable third-party terms and agreements
14. COPYRIGHT NOTICE
a. If you believe any materials accessible on or from our website infringes your copyright, you may request removal of those materials (or access to them) by submitting written notification to team@oneplay.in
b. The written notice must include substantially the following:
15. GAMES AND SOFTWARE AVAILABLE THROUGH OUR WEBSITE
a. We are a cloud provider, not a content provider, so you can only run the games or softwares that you already own or have a valid license to use. You will not be able to run a game or a software if you haven’t bought it from the official owner or distributor. When you run a game or a software on our cloud you must comply with all applicable third-party rules related to the use of the game or the software as the case may be. Users must integrate their personal software licenses with their Cloud PC account. It is the responsibility of the User to ensure that their software licenses (like Windows 10 Home/Pro) are valid and compliant with the software owner's licensing terms. The Company does not provide any software license; it only facilitates its use within the cloud PC setup. Any issues related to the validity or functionality of the software license will need to be addressed with the software owner.
b. Please check the list of video games available on our platform before you buy the subscription. We further do not guarantee availability of any particular game on our platform. Games that are available now may become unavailable at any time without notice.
16. PERFORMANCE AND CONFORMITY
a. We can ensure the best experience of using our website only if our servers are located close to you. We never guarantee that our website will work well in your area.
b. Our Website is based on emerging technologies with many issues still to be improved. You acknowledge that the problems in its operation can occur beyond our reasonable control and may require an underdetermined period of time for improvement. You agree not to raise non-conformity or similar claims if you are not satisfied with our performance or if its operation is faulty or differs from advertising and other related materials.
c. Our Website may be unavailable in full or in part for an indefinite period of time in certain areas.
d. We inform you that our website is sensitive to your digital environment and its performance may vary depending on your hardware, software, and network
e. The requirement for using oneplay is mentioned in this section : https://www.oneplay.in/system_requirement.html
f. The requirements to game controllers:
g. The requirements to Internet connection:
Our services are available on smartphones. This functionality is in the test mode and you acknowledge that you are informed of possible failures in its operation. You agree not to file non-conformity or similar claims in case of poor performance of our services on smartphones. The requirements to smartphones:
h. The requirements to gamepads:
The general requirement is a Bluetooth or OTG connection. The performance may vary from one gamepad to another. The following gamepads show the best compatibility with us:
i. We also recommend using a gamepad clip.
j. Multiplayer and online gaming experience may be worse sometimes than a single player due to increased load on the network.
k. On the Downloads page of our website you can download BETA applications for Windows, Mac OS for Macbooks, Android (smartphone) and Android TV (for Smart TVs based on certified Android TV operating system). Android/Android TV apps are distributed for free on Google Play Market. All applications are in BETA, they are NOT OFFICIALLY RELEASED. You may experience issues with their operation and agree not to raise any non-conformity or similar claims with regard to your use of the applications.
17. MISCELLANEOUS
a. We reserve all rights not expressly granted by these Terms.
b. These Terms shall be governed by and construed in accordance with the laws of India. Unless otherwise determined by the applicable law, in the event of any dispute, the courts or other relevant authority located in Mumbai shall have exclusive jurisdiction.
c. We may transfer, assign or delegate our rights to our affiliates and other third parties.
d. Wherever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, while such term, provision, covenant or restriction shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to its initial intent.
e. Our failure to exercise any right or provision of these Terms will not operate as a waiver of such right or provision.
Disclaimer: Steam©, Valve & Steam software are all property of the Valve Corporation.Steam & Steam logo are trademarks and/or registered trademarks of Valve Corporation. Origin©,Origin software are all the property of Electronic Arts Inc. Ubisoft©, Ubisoft Connect software are all the property of Ubisoft Entertainment SA. All trademarks are property of their respective owners in the US and other countries.
OnePlay has a Grievance Officer to address your concerns regarding data safety, privacy, and other Platform usage concerns. You may contact the, Grievance Officer at any of the following:
Address: 14th Floor, Hindustan C, Bus Stop, 247 Park, Lal Bahadur Shastri Marg, Gandhi Nagar, Vikhroli West, Mumbai, Maharashtra 400079
Email: grievance@oneplay.in
Note - Kindly send all user related grievances to the above mentioned email ID, in order for us to process and resolve the same in an expeditious manner