TERMS AND CONDITIONS FOR CLOUD GAMING

The present Terms and Conditions for “CLOUD GAMING” apply to NETLIFE Ecuador customers who subscribe to the CLOUD service and use the service’s websites, applications, and access points. The CLOUD Platform is the result of the agreement between MEGADATOS and AWG ("AWG"), by the private instrument signed between the parties ("Contract"). For these Terms and Conditions, NETLIFE Ecuador and AWG are collectively referred to simply as the "Companies."

Access to and use of the Service by the Client implies acceptance of the Terms and Conditions published by the Companies at the time of access and/or use of the platform. The Client will be liable for any damages, of any nature, that the Companies may suffer, directly or indirectly, as a result of any breach of these Terms and Conditions and applicable regulations.

GENERAL DESCRIPTION

NETLIFE offers a Cloud Gaming service, providing users with a wide range of cloud-based games, from classics to the latest releases, without the need to invest in expensive consoles. It also supports the use of credentials from other platforms (Steam, Epic Games, among others), becoming a super game aggregator. This service allows users to play different games through a browser or an app, as well as through a phone, tablet (Android-iOS), and even Android TV. No downloads, updates, or game installations are required.

The “Cloud Gaming” service is offered by MEGADATOS S.A., hereinafter referred to as the “PROVIDER,” to you as the user, hereinafter referred to as the “CLIENT,” who acknowledges having read and understood the terms and conditions of the “Cloud Gaming” service. By accessing and using the Cloud Gaming service, the “CLIENT” expresses their agreement to the terms and conditions established by the “PROVIDER”.

Processing and Protection of Personal Data

By accepting these terms and conditions, the CLIENT expressly authorizes NETLIFE and AWG to collect, store, process, and use their data, including but not limited to name, identification, contact information, billing data, and information related to the use of the CLOUD GAMING service, to provide the service, fulfilling legal obligations, managing the contractual relationship, and sending commercial communications, provided the CLIENT has not expressed opposition to the latter.

NETLIFE and AWG commit to treating the CLIENT's data with strict confidentiality and to implementing appropriate technical and organizational security measures to protect them against unauthorized access, loss, alteration, or disclosure.

The CLIENT has the right to access, rectify, delete, or object to the processing of their data, as well as to revoke their consent at any time, by sending a written communication to the PROVIDER.

If it becomes necessary to transfer personal data to third parties, such as service providers related to the CLOUD GAMING service, NETLIFE, and AWG will ensure that these third parties comply with adequate data protection standards and that the transfer is carried out by applicable regulations.

The CLIENT is responsible for the information they may upload while using the Cloud Gaming service, which should be strictly necessary for the correct functioning of the available games on the CLOUD. They are also responsible for any access provided to minors or other individuals who should not be exposed to video games.

NETLIFE and AWG may access data stored or processed during the use of the CLOUD GAMING service to provide improvements, include preferences or consumption profiling, solve technical problems, or comply with legal obligations, always respecting the confidentiality of the data.

Service Price

Cloud Gaming is priced at $9.99 per month plus VAT.

Functionalities

Service Capacity: The maximum number of end-users who can access and use the Service simultaneously is 1 user per account.

The account can create up to 4 profiles. The user can personalize their profile with avatars.

Below, the user will find information on the different categories available in Cloud Gaming:

Updates to the Cloud Gaming Service

Cloud Gaming plans to carry out regular updates to the platform to improve its experience, security, and performance. These updates will come at no additional cost to the end user.

Supported Devices:

MEGADATOS S.A. and AWG reserve the right to modify, terminate, or otherwise alter the subscription plan offerings, as well as promotional offers, at any time, by these Terms and Conditions and subject to the contractual agreements applicable to such plans and offers.

MEGADATOS S.A. commits to complying with the provisions of the Consumer Protection Law. This includes the obligation to provide clear and truthful information about the service, its features, and costs, as well as ensuring customers' right to receive adequate and high-quality service.

Billing

The subscription to Cloud Gaming is available through NETLIFE's in-person service centers located in Quito or through our call center by calling 3920000. In the first month of service, the customer will NOT pay the full amount, but rather a prorated amount based on the time the service was provided, according to their billing cycle (Cycle 1: From the 1st to the 30th of the month, Cycle 2: From the 15th to the 14th of the following month, or Cycle 3: From the 8th to the 7th of the following month).

The customer can cancel their subscription through the call center or service centers at least 15 days before their billing cycle.

The delivery of this service does not include the configuration on any device. It is the customer’s responsibility to download the mobile app (for use on Android or iOS systems), install it, and configure it on their devices (for Windows), using the predefined credentials. If issues arise, the customer may request remote technical support by calling 3920000.

PLATFORM USAGE - Cloud Gaming

The user agrees to use the Cloud Gaming platform responsibly and diligently, avoiding any damage to the systems of MEGADATOS S.A., its providers, or third parties by introducing or spreading computer viruses or any other physical or logical systems that could cause the aforementioned damage.

The account holder does not have permission, nor will they grant permission to third parties (with exceptions imposed by local laws) to:

USERS

Access to and/or use of the Cloud Gaming platform confers the status of the user to the person who accepts these Terms and Conditions. If the user is a minor, the minor's legal guardians are directly responsible for their interaction with the platform. To manage access to the platform's content, the user/guardian will have access to a parental control feature.

Renewal; Cancellation

The customer can cancel their service by calling the Call Center or visiting the Customer Service Centers.

If the customer benefits from a promotion or discount on the "Cloud Gaming" service, they understand that failure to comply with the terms and conditions established for receiving the promotion or discount will result in the regular charges being applied for the benefits provided by MEGADATOS S.A., without the option to contest the charges.

AWG reserves the right to cancel a Cloud Gaming user’s access, as well as the entire or part of the content provided through it, at any time and without prior notice, whether due to technical reasons, security failures, maintenance, or power supply issues, or any other reasonable cause. Despite the above, AWG and NETLIFE will make their best efforts to notify users of such cancellations 30 days in advance.

INFORMATION PROVIDED BY CLOUD GAMING USERS

To use the Service, users must create an account and log into CLOUD GAMING by providing personal registration information (including phone number and/or household account, email address, and password).

For more information, please visit the CLOUD GAMING BY NETLIFE Privacy Policy.

The user agrees that AWG may use integrated technology and services to utilize this information for statistical analysis of CLOUD GAMING's access, usage, and views.

INTELLECTUAL AND INDUSTRIAL PROPERTY OF CLOUD GAMING

All content on the Cloud Gaming platform, including but not limited to software, graphics, images, text, and code, is the property of AWG and its partners, protected under the applicable Intellectual Property regulations in Ecuador.

MEGADATOS S.A. will not be responsible for damages resulting from the improper use of the service or non-compliance with the terms of use by the customer. Nevertheless, both companies commit to maintaining the platform in optimal conditions, subject to limitations arising from force majeure, technical maintenance, or external failures beyond their control.

The CLOUD GAMING service grants its users an exclusive and non-transferable license (hereinafter, the "License") to use the CLOUD GAMING platform, which contains the games provided by AWG as part of the Services contracted with NETLIFE.

Copyrights. AWG holds the trade name, copyrights, and distribution rights of the CLOUD GAMING platform. The copyrights include the "look and feel" of the AWG software. These Terms of Use provide a license for users to utilize CLOUD GAMING and the AWG platform and do not imply a transfer of ownership of its rights.

In this regard, AWG, either as the owner or as the assignee, holds all intellectual and industrial property rights to the CLOUD GAMING platform, as well as the appearance, style of the software, and elements contained within (including but not limited to images, sound, audio, video, software, or texts; color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access, and use, etc.), which are owned by AWG, its associates, or licensors. Under the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication, including its availability in any medium and for commercial purposes, of all or part of the content, are expressly prohibited without the authorization of AWG or the rightful third parties.

AWG does not hold the intellectual property rights of the games included in the CLOUD GAMING platform, and those rights remain with their respective developers.

The user agrees to respect the intellectual and industrial property rights of AWG and the owners of the games.

Except for the rights expressly granted in the License, AWG does not grant any type of license or authorization for the use of its intellectual and industrial property rights or any other property or rights related to the CLOUD GAMING platform.

Third-Party Applications and Devices

The Services are integrated or may interact with third-party content. The user acknowledges and accepts that since the games are owned by third parties and cannot be altered or edited in any way from their original form, MEGADATOS S.A. and AWG are not responsible for the content of the games.

These third parties may have their own terms and privacy policies, and the use of their content will be governed by applicable laws and subject to their respective terms and privacy policies. The user understands and accepts that MEGADATOS S.A. and AWG have no influence over, nor are they responsible for, the behavior, features, or content of any third party or any relationship the user may have with the provider(s) of such third parties. MEGADATOS S.A. and AWG also do not guarantee the permanent compatibility or incompatibility of third-party content with the service.

Warranties and Liabilities

The AWG Games service must be used by the terms and conditions of this document. AWG will not be responsible for damages resulting from the use of AWG in a manner inconsistent with this License. Except for the liabilities established under consumer protection regulations, the user releases AWG from any responsibility arising from the incorrect execution or malfunction of AWG Games caused by the way the software was run and/or the platform was accessed. This disclaimer extends to AWG's employees and management.

AWG declares that this License for the use of the AWG Games platform does not violate any prior contracts or existing legislation. AWG does not guarantee the availability, continuity, or perfect operation of the software.

Therefore, to the extent permitted by law, this warranty does not cover damages resulting from the unavailability or malfunction of AWG and the functionality of AWG Games. AWG assumes no liability in cases of force majeure or other circumstances beyond its reasonable control, such as the presence of viruses or third-party interference.

License Duration

The validity of this License begins when the User expressly accepts these Terms and Conditions by registering on CLOUD GAMING and may be restricted, suspended, and/or terminated by AWG and/or NETLIFE Ecuador, at their sole discretion, in whole or in part, at any time and for any reason, without prior notice or liability, or canceled by the User by these Terms of Use.

USE OF THE CLOUD GAMING PLATFORM

When the User is eligible for the Service, meaning they have an available subscription, they may create an account and access the available catalog. MEGADATOS S.A. and AWG are not responsible for content provided or managed by third parties.

The User agrees to use the CLOUD GAMING Platform diligently and responsibly and to avoid causing damage to the physical and logical systems of NETLIFE Ecuador, AWG, its suppliers, or third parties. The User shall not introduce or spread computer viruses or any other physical or logical systems that could cause the aforementioned damage.

The User is not allowed to alter, deconstruct, disassemble, or decompile the CLOUD GAMING platform, including the use of any current or future technology. Additionally, they must refrain from deleting, altering, bypassing, or tampering with any protection or security systems installed on the CLOUD GAMING application. Failure to comply with any of the License's Terms and Conditions will be interpreted as a violation of these Terms and Conditions and will be subject to the penalties provided by law, as well as other contractual penalties established by MEGADATOS S.A.

In case of interruptions while using the CLOUD GAMING platform, the User must always check that their internet access service is active, i.e., connected to an area with adequate wifi coverage reception. Additionally, the User must review the minimum technical specifications of various devices (mobile phones, laptops, tablets, etc.) for correct operation. The companies are not liable for any interruption in continuous platform usage due to the absence of these essential characteristics for proper performance.

The User is not permitted, nor will they grant permission to third parties (except as imposed by local legislation), to (i) obtain or attempt to obtain unauthorized access to the CLOUD GAMING account; (ii) use the CLOUD GAMING account illegally, for illegal purposes, or in any other way that does not comply with these Terms of Use; (iii) sell, rent, lease, distribute, transfer, sublicense, reproduce, duplicate, copy, translate, reverse-engineer, access source code, modify, disassemble, decompile, create derivative works, remove any proprietary notice or label, or use the service for commercial purposes or exploit the content of AWG Games or any software accessed through AWG Games; (iv) host or provide matchmaking services for AWG Games Content; (v) generate revenue through the use or provision of AWG Games Content or the AWG Games account, or for commercial gain without prior, express, written consent from AWG or other legitimate third parties.

GENERAL SALES CONDITIONS

Changes to the Services and CLOUD GAMING Platform: Occasionally, without the need to notify the User, the Companies may make changes to the Services and/or CLOUD GAMING Platform, such as improvements to existing features or functions, adding new ones, implementing scientific and technological advances, and making reasonable technical adjustments to ensure the operation or security of the Services and CLOUD GAMING Platform, as well as for legal or regulatory reasons.

Maintenance and Session Termination: To maintain optimal service conditions, we may need to initiate maintenance periods on our software/hardware without prior notice. During these maintenance periods, we may close your sessions, disable access to CLOUD GAMING, or deactivate some of its functions, including access to certain games.

The duration of maintenance periods will be limited to the necessary time to resolve the situation and ensure that CLOUD GAMING continues to function. You acknowledge that you will not request compensation related to times when CLOUD GAMING is unavailable due to maintenance periods.

Additionally, we may automatically end your session when no activity is detected for a reasonable time (15 minutes). The User can immediately resume using the service without any penalty. This ensures that servers remain available for other active users.

CLOUD GAMING is not responsible for any loss or damage arising from session termination, or service unavailability, including, but not limited to, unsaved data loss, progress loss, tournament loss, or any negative consequences.

Play Steam Games with Your Own License: CLOUD GAMING maintains a selection of Steam games installed and updated on our cloud infrastructure, ready to be played by the User. This selection of games can only be played if the User owns a license for the game on the Steam platform, and it is the User's responsibility to have sufficient rights to play the game. AWG Games will request your Steam credentials to validate your license before starting the game. Users are responsible for keeping their credentials secure for personal use only. Users agree to comply with all terms and conditions of the Steam Subscriber Agreement and the Steam Games End User License Agreement (EULA).

The selection of Steam games on CLOUD GAMING may vary over time. Not all content from Steam Games for which the User may have a license will necessarily be available on the CLOUD GAMING infrastructure. Activities, transactions, and agreements between the User and CLOUD GAMING or other content providers are solely between the User and Steam Games or these other content providers. MEGADATOS S.A. and AWG do not assume any responsibility for content, information, materials, products, or services that users receive from third parties or upload for use on the CLOUD GAMING infrastructure.

By using this service, the User agrees not to use CLOUD GAMING to violate any terms of the Steam Subscriber Agreement or the End User License Agreement for its games. Users also agree not to behave in a way that negatively impacts the enjoyment of Steam Games, including, but not limited to, cheating, harassment, abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming.

Play Epic Games with Your Own License: CLOUD GAMING maintains a selection of Epic Games installed and updated on our cloud infrastructure, ready to be played by the User. This selection of games can only be played if the User owns a license for the game on the Epic Games platform, and it is the responsibility of Users to have sufficient rights to play the game. CLOUD GAMING will request your Epic Games Store credentials to validate your license before starting the game. Users are responsible for keeping their credentials secure for personal use only. Users agree to comply with all terms and conditions of the Epic Games EULA and the End User License Agreement for Epic Games.

The selection of Epic Games on CLOUD GAMING may vary over time. Not all content from Epic Games for which the User may have a license will necessarily be available on the CLOUD GAMING infrastructure. Activities, transactions, and agreements between the User and Epic Games or other content providers are solely between the User and Epic Games or these other content providers. MEGADATOS S.A. and AWG do not assume any responsibility for content, information, materials, products, or services that users receive from third parties or upload for use on the CLOUD GAMING infrastructure.

By using this service, the User agrees not to use CLOUD GAMING to infringe any terms of the Epic Games EULA or the End User License Agreement for their games. Users also agree not to behave in a way that negatively impacts the enjoyment of their games. This includes but is not limited to, cheating, harassment, abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming.

WARRANTIES AND RESPONSIBILITIES

You must use the CLOUD GAMING service by the Terms and Conditions of this document. MEGADATOS S.A. and AWG are not liable for damages arising from the inconsistent use of the platform by the user. Except for liabilities established by consumer protection laws, the user releases MEGADATOS S.A. and AWG from any liability resulting from the incorrect execution of CLOUD GAMING or the improper functioning caused by how the software was executed.

AWG states that this License for using the CLOUD GAMING platform does not violate any prior contracts or applicable laws. MEGADATOS S.A. and AWG do not guarantee the availability, continuity, or perfect functioning of the software. Therefore, to the extent permitted by law, this warranty does not include damages resulting from the unavailability or functioning of AWG and the functionality of CLOUD GAMING. MEGADATOS S.A. and AWG are not liable in cases of unforeseen events or force majeure, and similarly, are not responsible for any causes beyond reasonable control, such as the existence of viruses or third-party interference.

SUPPORT

If required, the customer will receive necessary technical support related to video playback issues, unavailable content, image errors, and other concerns. To receive support, the customer must contact us at 3920000.

MODIFICATION OF THESE CONDITIONS AND DURATION

These Terms and Conditions are valid indefinitely, including updates and/or modifications that the Companies make periodically, at their sole discretion. Whenever an update and/or modification of these Terms of Use occurs, the User will be notified for their acknowledgment and acceptance. Acceptance of the new conditions will be a requirement to continue using the CLOUD GAMING platform.

MEGADATOS S.A. and AWG reserve the right to make any technical modifications deemed appropriate on the CLOUD GAMING platform without prior notice, including changing, removing, or adding games made available on the platform, as well as how they are presented or located on the CLOUD GAMING platform.

EXCLUSION OF ACCESS

MEGADATOS S.A. and AWG reserve the right to deny or withdraw access to CLOUD GAMING and/or the services offered without prior notice, either on their initiative or at the request of a third party, to those Users who fail to comply with these Terms and Conditions.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by Ecuadorian law. Any disputes arising from using the platform will be resolved by the courts of the customer’s domicile.