Terms of Service

Effective date: 15 June 2026  ·  Last updated: 15 June 2026

These Terms of Service, together with the End-User Licence Agreement set out below (together, the “Terms”), are a legal agreement between you and Harshit Khemani, the individual creator and operator of Smash&Clash (the “Game,” “we,” “us,” “our”). Smash&Clash is the official digital edition of the Smash&Clash strategic card-battle game. They govern your use of the Game wherever you play it — on the web at www.smashandclash.in, through our Android and Windows app editions (and iOS, when available), or inside one of the platforms that hosts the Game (Whop, Discord, and ChatGPT).

1. Definitions & who we are

In these Terms:

• the “Game” means the Smash&Clash digital game and all of its editions and features, served from a single codebase across every Surface;
• the “Operator,” “we,” “us” means Harshit Khemani, an individual creator based in India trading as Smash&Clash (the Game is not operated by a company), who is also our Founder;
• “you,” “your,” “user” means the person using the Game (or the parent/guardian accepting on a minor’s behalf);
• an “account” means an optional sign-in identity (via Clerk or a hosting platform’s identity), which you do not need in order to play;
• “online” / “social features” means online multiplayer, public profiles, friends, clubs, community leaderboards, the Agent Arena, and any feature that shows your identity to or connects you with other people;
• “UGC” (user-generated content) means the limited content you supply — your display name, a club name, and the cosmetic public profile you choose to publish;
• the “physical game” means the separate Smash&Clash physical card game, sold through a third-party storefront (see Section 15);
• a “Surface” means any place the Game is offered: the web PWA, Google Play (app id in.smashandclash.game), the Windows desktop app, the iOS App Store (when available), the embedded Whop app, the Discord Activity, and the ChatGPT (OpenAI Apps SDK) widget.

2. Acceptance of these Terms

By accessing, downloading, installing, or playing the Game on any Surface, you agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and our Code of Conduct. If you do not agree, please do not use the Game. If you are using the Game on behalf of a minor for whom you are responsible, you accept these Terms on that minor’s behalf and are responsible for their use (see Section 5).

3. Scope & related documents

The same Game runs on every Surface from one codebase, and these Terms apply to all of them. Our Privacy Policy (how we handle data), Cookie Policy, and Code of Conduct are incorporated into these Terms by reference and form part of your agreement with us; a breach of the Code of Conduct is a breach of these Terms. Where you use the Game inside a hosting platform, or buy the physical game, that platform’s or merchant’s own terms also apply to your dealings with them (see Section 14 and Section 15). If a Surface’s store or platform rules require something different from these Terms, those required store/platform rules prevail for that Surface to the extent of any conflict.

4. Eligibility & age

Smash&Clash is a general-audience, family-friendly game (rated ESRB E, PEGI 3, IARC 3+, and marketed for ages 7 and up). However, the parts that connect you to other people are age-gated:

• Core play needs no account and no age gate. Playing against the AI, local two-player hotseat, the tutorial, and mutators all run entirely on your device with no account and no personal data, and are open to players of all ages.
• Accounts and online/social features require you to be at least 13. You must be 13 or older (or the higher minimum age required where you live) to create an account or to use online multiplayer, public profiles, friends, clubs, leaderboards, or the Agent Arena.
• Not directed to children under 13. The Game is not directed to children under 13, and we do not knowingly collect personal data from them. The core game remains playable by anyone with no data collected.
• Ages 13–17. If you are between 13 and 17, you may use accounts and online/social features only with the consent and supervision of a parent or guardian, who must accept these Terms on your behalf.
• India — DPDP Act, 2023. Under India’s Digital Personal Data Protection Act, 2023, anyone under 18 is a minor. If you are in India and under 18, verifiable parental or guardian consent is required before you use an account or any online/social feature.

5. Parental consent, supervision & responsibility

If you are a parent or guardian who consents to a minor’s use of an account or online/social features, you accept these Terms on the minor’s behalf, agree to supervise that use, and are responsible for the minor’s activity under these Terms. You can withdraw consent, stop the minor’s use, and ask us to remove a child’s data at any time by contacting support@smashandclash.in. We do not knowingly process children’s data for tracking, profiling, or targeted advertising, and the Game does none of those things for anyone.

6. Licence to use the Game

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and play the Game for your own personal, non-commercial entertainment on devices and Surfaces you control. The Game is licensed to you, not sold. No ownership passes to you, and all rights not expressly granted are reserved by the Operator (see Section 16). This licence is the only right you receive — viewing or accessing the Game does not grant you any other rights in it.

7. Licence restrictions

Except to the limited extent applicable law expressly permits and cannot exclude, you must not:

• copy, reproduce, modify, translate, adapt, or create derivative works from the Game, its code, rules, card data, artwork, audio, or any other asset;
• distribute, publish, sell, rent, lease, lend, sublicense, or otherwise make the Game available to any third party;
• reverse-engineer, decompile, or disassemble the Game, or attempt to derive its source code, except where this restriction is prohibited by law;
• remove, obscure, or alter any copyright, trademark, or other proprietary notice;
• circumvent, disable, or interfere with security, integrity, anti-cheat, rate-limiting, or access-control features;
• scrape, harvest, crawl, or bulk-extract data, content, or assets from the Game or its backend (including public profiles and leaderboards) by automated means; or
• use the Game in any way that breaches these Terms, the Code of Conduct, the proprietary LICENSE that governs the Game’s source repository, or applicable law.

These restrictions mirror the proprietary LICENSE file that ships in the Game’s source repository (headed “PROPRIETARY LICENSE — All rights reserved”), the substance of which is reproduced in these restrictions and in Intellectual property below. We do not publish the source repository, so there is no public licence URL; these Terms set out the licence that applies to your use of the Game.

8. App-store terms (Apple & Google)

When you obtain the Game from an app store, the following additional terms apply. The licence in Section 6 is between you and the Operator only, not the app store, and the store is not responsible for the Game.

a. Apple App Store (iOS, when available)

The licence is a Licensed Application End-User Licence Agreement between you and the Operator. You and we acknowledge that:

• the agreement is concluded between you and the Operator only, not Apple;
• the scope of the licence is limited to a non-transferable licence to use the Game on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services / App Store Terms of Service;
• the Operator (not Apple) is solely responsible for the Game and its content, and Apple has no obligation to provide any maintenance or support for the Game;
• in the event the Game fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the Game, and the Operator is responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty (subject to Section 21);
• the Operator (not Apple) is responsible for addressing any claims by you or a third party relating to the Game, including product-liability claims, claims that the Game fails to conform to legal or regulatory requirements, consumer-protection claims, and intellectual-property claims;
• your use of the Game must comply with the Apple Media Services / App Store Terms of Service, including the Usage Rules; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

b. Google Play (Android)

Your use of the Android edition is also subject to the Google Play Terms of Service. The licence is between you and the Operator, not Google; Google is not a party to these Terms and is not responsible for the Game. We comply with the applicable Google Play developer policies, Families and age-rating requirements, and Data safety obligations, including Google Play’s requirement that you can request deletion of your account and data both from inside the app and from a public page (see Section 9).

9. Accounts, security & account deletion

You do not need an account to play. If you choose to sign in, authentication is handled by our identity provider Clerk (or, inside a hosting platform, that platform’s identity). You agree to provide accurate information, to keep your sign-in credentials secure, and not to share, sell, or transfer your account. You are responsible for activity that occurs under your account or local identity. We may suspend, reset, reclaim, or rename an account or identity where these Terms or the Code of Conduct require it (for example, an offending or impersonating name), or to protect the Game or other users.

Deleting your account and data. If you have signed in, you can delete your account and the data tied to it at any time:

• In the app — open the account menu, choose Manage account, and use the delete-account control. This is handled by Clerk and removes your sign-in record and the rating/name/avatar we sync to it; and
• From a public page — visit www.smashandclash.in/delete-account, which explains how to delete your account and data and how to ask us to remove a published public profile or community standing.

You can also stop using the Game and clear on-device data at any time, and you can write to support@smashandclash.in for help. See Section 23 and our Privacy Policy for full details of how deletion works and what we keep.

10. Acceptable use

When using the Game, and especially its online and social features, you must not:

• cheat, exploit bugs or glitches, or use bots, scripts, automation, or modified clients to gain an unfair advantage;
• manipulate matches, ratings, ranks, leaderboards, or community standings, or collude, match-fix, or smurf to distort rankings;
• harass, bully, threaten, defame, stalk, or abuse other players, or post hateful, discriminatory, sexual, obscene, violent, or otherwise age-inappropriate content;
• impersonate the Operator, staff, other players, or any person or brand, or falsely imply official or sponsored status;
• upload or transmit anything unlawful, infringing, malicious (malware), or that violates anyone’s privacy or rights;
• spam, advertise, solicit, phish, or scam, or post links or contact details in names, profiles, or club fields;
• access the Game or its backend without authorisation, probe or breach security, interfere with or overload our infrastructure, or capture, log, publish, or weaponise another player’s IP address or location; or
• use the Game to do anything illegal or to facilitate fraud or other crimes.

Our Code of Conduct describes these standards and our enforcement ladder in more detail and is fully incorporated into these Terms.

11. Your content (display names, club names & profiles)

The only content you supply to us (“UGC”) is your display name, any club name you create, and the cosmetic public profile you choose to publish. You keep any rights you have in your UGC. To operate the features you use, you grant the Operator a limited, worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display your UGC for the sole purpose of providing and promoting those features (for example, showing your name in a match, on a shareable profile card, or on a community leaderboard). This licence ends when you remove the UGC or stop using the relevant feature, except for reasonable backups and where we must keep it to comply with law.

You represent and warrant that your UGC:

• is yours to provide and does not infringe anyone’s intellectual-property, privacy, or other rights;
• is not offensive, hateful, sexual, harassing, profane, threatening, discriminatory, or impersonating;
• does not contain another person’s personal data, advertising, spam, URLs, or contact details, and does not evade content filters.

We may refuse, rename, reset, hide, reclaim, or remove any UGC that breaches these standards, that is reserved, or that is being squatted, in line with the Code of Conduct. We are not obligated to store, display, or preserve any UGC.

12. Public profiles, leaderboards & community data

Public profiles, community leaderboards, clubs, and standings are self-published, cosmetic snapshots (such as your display name, rating, games played, win rate, rank, favourite champion, and recent form). They are public by nature — choose your display name accordingly. Each device holds a one-time secret write token that controls updates to your own snapshots; keep it safe, as losing it (for example, by clearing storage) means you can no longer update those rows from that device. You are responsible for the accuracy of what you publish and must not falsify or manipulate it or write to data you do not own. We may moderate, edit, hide, or remove profiles, standings, leaderboards, and clubs. We do not guarantee the accuracy, availability, or continued existence of any profile, leaderboard, club, or community feature. To remove a published profile or standing, use the options in Section 9 or see our Privacy Policy.

13. Online play & fair play

Online matches use peer-to-peer (WebRTC) connections on the web, Windows, Android, and Whop, with the help of a public STUN server to establish the connection; inside Discord, where peer-to-peer is blocked, matches use a relay. As is inherent to peer-to-peer connections, your network/IP address may become visible to the player you are connected with so the direct link can form; this must not be captured, logged, published, or used against another player (see the Code of Conduct and the Privacy Policy, which describes the data flow, including the STUN helper, in full). You must play fairly and follow the Code of Conduct in all online and social play. The one sanctioned exception to the “no bots” rule is the Agent Arena, where external AI agents legitimately challenge humans through named CPU personas; results there are re-simulated and verified server-side.

14. Third-party services & platforms

The Game relies on third-party service providers and is distributed through third-party platforms, each governed by its own terms and privacy policy, including: Vercel (hosting and analytics), Clerk (sign-in), Supabase (online signaling, relay, profiles, leaderboards, and the Agent Arena), Google Analytics and Microsoft Clarity (optional, consent-gated web analytics), Tally (optional feedback forms), and the platforms Google Play, the Apple App Store (when available), Whop, Discord, and OpenAI/ChatGPT. We are not responsible for, and do not control, these third parties or how they process your data under their own terms. Your use of a platform that hosts the Game is also subject to that platform’s rules. For what data is involved with each provider, see our Privacy Policy.

15. The physical game (sold via Whop)

The Game is free. The separate physical card game is sold through a third-party storefront (“Get the physical game”) operated by Whop. For that purchase, Whop and/or the relevant merchant — not the Operator — is the seller of record and is responsible for the sale, checkout, payment, fulfilment, delivery, refunds, taxes, and any related consumer obligations, under Whop’s and the merchant’s own terms. Your consumer rights in connection with that purchase (including refunds, fulfilment, and statutory guarantees under applicable consumer law) are exercised against Whop/the merchant. The digital Game itself has no in-app purchases, no ads, and no sale of data.

16. Intellectual property

The Game and everything in it — including all source code, game rules, game design, card data, artwork, textures, characters, music, sound effects, voice and announcer recordings, the Smash&Clash name and logo, and all other assets — are owned by Harshit Khemani trading as Smash&Clash and are protected by copyright, trademark, and other intellectual-property laws. They are governed by the proprietary LICENSE file shipped in the Game’s source repository, which is headed “PROPRIETARY LICENSE — All rights reserved” and vests copyright in Smash&Clash (smashandclash.in) and the Smash&Clash creator — that is, the Operator named above. All rights are reserved. Nothing in these Terms transfers any ownership to you or grants any right to use our names, logos, or marks without our prior written permission, except for the limited play licence in Section 6.

17. Feedback

If you send us suggestions, ideas, or feedback (for example, through a feedback form or bug report), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose, with no obligation or compensation to you. You do not have to send feedback, and we are free to use or not use it.

18. Availability, changes to the Game & its free nature

The Game is provided free of charge. We may add, change, suspend, limit, or discontinue any part of the Game, any feature, any Surface, or any online service at any time, with or without notice. We do not guarantee that the Game, online play, profiles, leaderboards, or the Agent Arena will always be available, error-free, or preserved, and we are under no obligation to provide support, maintenance, updates, or data persistence. Nothing in this Section limits your non-waivable consumer rights (see Section 21).

19. Disclaimer of warranties

Except as stated in Section 21, and to the maximum extent permitted by applicable law, the Game is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the Game will be uninterrupted, secure, accurate, or error-free. You use the Game at your own discretion and risk.

20. Limitation of liability

Subject to Section 21 and to the maximum extent permitted by applicable law:

• we will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of data, profits, goodwill, or anticipated savings, arising out of or relating to the Game or these Terms; and
• because the Game is provided free of charge, our total aggregate liability to you arising out of or relating to the Game or these Terms is limited to the greater of the amount you paid us for the Game (which is nil) or INR 1,000 (or its local-currency equivalent).

21. Your non-waivable consumer rights

Nothing in these Terms excludes, restricts, or limits any right or remedy you have that cannot be excluded or limited under applicable law. In particular, nothing in Section 19, Section 20, or Section 22 excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• gross negligence or wilful misconduct; or
• any other liability or right that cannot lawfully be excluded or limited, including your mandatory statutory consumer rights and guarantees under India’s Consumer Protection Act, 2019 and, where they apply to you, under EU, UK, and US consumer-protection laws.

If any limitation in these Terms is not permitted by your local law, that limitation applies to you only to the extent permitted by that law.

22. Indemnity

To the extent permitted by applicable law (and subject to Section 21), you agree to indemnify and hold harmless the Operator from and against reasonable claims, damages, losses, and costs arising out of your breach of these Terms or the Code of Conduct, your UGC, your infringement of a third party’s rights, or your misuse of the Game. This indemnity does not apply to the extent a loss results from our own negligence or wrongdoing, and it does not affect your non-waivable consumer rights.

23. Suspension & termination

You may stop using the Game at any time, and you may delete your account and the data tied to it — using the in-app Manage account delete control, the public deletion page at www.smashandclash.in/delete-account, or by contacting us — as described in Section 9 and our Privacy Policy. We may suspend or terminate your access to the Game or to specific features — proportionately and in line with the Code of Conduct — if you breach these Terms, cheat, act unlawfully, or create a risk to the Game or other users; serious cases (such as illegal content or credible threats) may result in immediate permanent termination and referral to authorities. If you believe a decision was wrong, you can contact support@smashandclash.in to query or appeal it. Sections that by their nature should survive termination (including 16, 17, 19–22, and 25–27) continue to apply after it.

24. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and post the current version at www.smashandclash.in/terms. Material changes will be highlighted within the Game where appropriate. Your continued use of the Game after an update means you accept the revised Terms; if you do not agree, please stop using the Game. Changes do not affect rights you cannot waive under applicable law.

25. Governing law & jurisdiction

These Terms are governed by the laws of India, and the courts of India have jurisdiction, subject to the following: if you are a consumer, this does not deprive you of the protection of the mandatory consumer-protection laws of your own country of residence, and you may also bring proceedings in, and rely on the mandatory consumer rights and fora of, your home country where applicable law gives you that right (including, in India, your right to approach the consumer commissions under the Consumer Protection Act, 2019).

26. Disputes & grievance redress

We would like to resolve any concern quickly and informally first — please contact support@smashandclash.in before taking any formal step, and we will try to help. Our Founder, Harshit Khemani, handles grievance redress and is reachable at the same address; we aim to acknowledge and address grievances within the timeframes required by applicable law. Nothing in these Terms requires you to give up access to the consumer-protection mechanisms and fora available to you under India’s Consumer Protection Act, 2019 or other mandatory consumer law, and we do not impose mandatory arbitration or a foreign-only forum that would strip you of those rights.

27. General terms

• Severability. If any provision of these Terms is held unenforceable, the rest remain in effect, and the unenforceable provision applies to the maximum extent permitted by law.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent; we may assign them to a successor in connection with the Game.
• Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and Code of Conduct, are the entire agreement between you and us about the Game.
• Headings & translation. Headings are for convenience only. If we provide a translation, the English version prevails in the event of a conflict, except where local law requires otherwise.

28. Contact

For any question, request, complaint, or grievance about these Terms — or to contact our Founder and Operator:

Harshit Khemani — Founder & Operator (trading as Smash&Clash)
Email: support@smashandclash.in
Website: www.smashandclash.in
Delete your account & data: www.smashandclash.in/delete-account
Creator: www.khe.money

These Terms apply to the Smash&Clash web edition, its Android (Google Play), Windows, and (when available) iOS app editions, and the Whop, Discord, and ChatGPT surfaces, which share the same codebase. See also our Privacy Policy, Cookie Policy, and Code of Conduct.