4. USER'S PERSONAL DATA

4.1. The User's personal data is processed in accordance with the terms of the Privacy Policy which are published at the following email address: https://gfn.am/hy/privacy.html.

4.2. The User agrees that his/her personal data contained in the Account may be publicly available when the User selects the appropriate settings in the Service's functions, and in this case any other user of the Service may get acquainted with this information.

4.3. The User undertakes not to publish the personal data of other persons in the Service, as well as not to use the personal data of other users, which in any way do not meet the requirements of the legislation of the Republic of Armenia, for illegal or unlawful purposes, to obtain benefits and for any other purposes that do not correspond to the purposes of creating the Service.

4.4. The Company processes the User's personal data in order to provide the User with access to the Service, including receiving advertisements from the User, for the purpose of verification, research and analysis of such data, allowing to maintain and improve the functionality and sections of the Website, as well as to create new functions and sections of the Website. The Company takes all necessary measures to protect the User's personal data from unauthorized access, modification, disclosure or destruction. The Company provides access to the User's personal data only to those employees and agents of the Company who need this information to ensure the operation of the Website and to provide the User with access to its use.

4.5. The Company has the right to use the information provided by the User, including personal data, as well as to transfer it to third parties to ensure compliance with the requirements of the current legislation of the Republic of Armenia, to protect the rights and interests of the Users, the Company, and third parties (including for the detection, verification/investigation and/or for deterrence of illegal activities). Information provided by the User can be disclosed only in accordance with the current legislation of the Republic of Armenia, at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of the Republic of Armenia. Since the Company processes the User's personal data for the purposes of performing this Agreement in accordance with the provisions of the legislation on personal data, the User's consent to the processing of his/her personal data is not required.

5. USING THE SERVICE

5.1. The full functionality of the Service is available to the User after obtaining permission in the Service. The provision of the permission to the User is carried out under the conditions specified in Section 3 of this Agreement.

5.2. Types of possible Subscriptions, information on the amount of the subscription fee are specified in the Service, as well as in Article 5.3 of the Agreement.

5.3. The User may have access to the following 3 types of subscriptions, which differ from each other according to the terms of Service:

5.3.1. Free subscription, which provides free access to the Service. Is characterized by a lower priority of access to the Service (compared to the access of Performance subscription users). In case of overload of Service servers, the User can start the game according to the queue. Maximum time per session is 30 minutes. The number of game sessions per day is not limited.

5.3.2. Performance subscription, which provides priority access to the Service (Performance-Access) compared to the access of Free subscription users. The maximum time of a game session is 6 hours. The number of game sessions per day is not limited. The Performance subscription also gives access to NVIDIA RTX.

The validity period of the Performance subscription depends on the price:

• Entrance fee for 1 calendar day: 1 199 AMD,
• Entrance fee for 7 calendar days: 1 999 AMD,
• Entrance fee for 30 calendar days: 3 999 AMD,
• Entrance fee for 180 calendar days: 19 999 AMD²,
• Entrance fee for 365 calendar days: 36 000 AMD³.

5.3.3. Ultimate subscription, which is a priority access to the Service (Ultimate-access) compared to the access of Free and Performance Subscription Users. The maximum duration of a game session is limited to 6 hours. The number of gaming sessions per day is not limited. The Ultimate subscription also gives you access to the best NVIDIA RTX tracing technologies in games that support the technology. Access to servers with RTX 4080. Resolution up to 4K and up to 120 frames per second¹.

The validity period of the Ultimate subscription depends on the price:

• Entrance fee for 1 calendar day: 2 499 AMD,
• Entrance fee for 7 calendar days: 4 999 AMD,
• Entrance fee for 30 calendar days: 7 999 AMD,
• Entrance fee for 180 calendar days: 39 999 AMD²,
• Entrance fee for 365 calendar days: 72 000 AMD³.

5.3.4. The Company has the right, at its own discretion, to provide the User with additional days of Performance-Access or Ultimate-Access or to provide discounts for payment of the Performance subscription or Ultimate subscription (for example, in the form of providing the User with promo codes for winning contests on social networks).

5.3.5. For users, there is an increased Performance priority or the highest Ultimate priority if they play up to 100 hours in 30 days. After this time, the standard Performance priority or increased Ultimate priority will be activated. The hour counter is reset every 30 days.

5.4. The Company's obligations to provide the User with access to the Content shall be considered fulfilled for the User, regardless of whether the User has requested the Company for appropriate performance within the Subscription or not, as well as regardless of the actual number of Subscription entries by the User.

5.5. The User is obliged to follow the information about the status of the Service subscription (paid subscriptions and their cost, the list of available Content) by himself/herself, as well as to follow the amendments and additions to this Agreement.

5.6. Within the framework of the Subscription, access to the Content is carried out on the User's devices by entering the Account data through which the Subscription was paid. Within the framework of the Subscription access to Content is permitted on no more than 5 User devices.

5.7. In order to use a particular unit of Content (game) within the framework of the Service, the User must obtain a license from the copyright owner based on an agreement between the User and the copyright owner of that particular Content unit. The Company is not considered a party to such an Agreement, does not determine its terms and the cost of using the Content, does not guarantee the possibility of concluding such an Agreement and its performance, and is not responsible for improper performance of its duties by the copyright owner. In order to enter into a relevant agreement, the copyright owner may require the User to download additional software or perform other legal or factual actions. The Company is not responsible for the consequences of actions taken or not taken by the User and for achieving or not achieving the result expected by the User.

5.8. By accessing the Content, the User agrees that the devices, software, Internet speed used by him/her fully meet the necessary technical specifications, which allow access to the Content with acceptable quality for the User. The current technical requirements for User devices and software are published on the website www.gfn.am. The Company is not responsible for the impossibility of viewing the Content by the User, as well as for the low quality of the Content due to the features of the User's devices and the quality of its connection. Any issues related to accessing the Internet, installing the User's devices and software are not regulated by this Agreement and are subject to independent regulation by the User.

5.9. To access the Content, the User must download and install on his/her device the application «Nvidia GeForce Now» from the website https://www.nvidia.com/en-am/geforce-now/

5.10. The Company has the right to limit the maximum time per session based on the workload of the Service.

5.11. By accessing the Content, the User guarantees that he/she corresponds to the age category specified in the description of the Content unit selected by him/her. The User who has reached the age of 18 guarantees that access to the Service by minors is carried out under his/her control, in accordance with the restrictions set by the current legislation of the Republic of Armenia. A User who has not reached the age corresponding to the age category specified in the description of the Content unit undertakes to refrain from accessing such Content.

5.12. The User who has reached the age of 18 and who has provided access to Content is solely responsible for providing access to such Content to persons with age restrictions defined by the current legislation of the Republic of Armenia (6+, 12+ 14+, 16+, 18+). The Company is not responsible for any consequences arising from the violation of this User Agreement.

5.13. The use of the Service by the User is allowed only in accordance with this Agreement and exclusively in the ways provided by the technical capabilities of the Service.

5.14. The Company has acquired in the prescribed manner the property and other relevant rights necessary for the provision of the Service to all objects that make up the design of the Service as a whole and its individual elements, the Software of the Service, the Database, etc. The rights to the Content included in the Service (games, audiovisual works, photo materials, text materials, etc.) belong to its copyright owners. GeForce NOW technology rights belong to NVIDIA Company. The rights to other Information posted on the Service belong to its publishers or other copyright owners. The User is responsible for the violation of the exclusive rights of the Company, the copyright owner or third parties in accordance with the current legislation. The Company guarrantees that it has all necessary rights to provide the Service to Users in the Territory.

5.15. The User has not the right (unless otherwise expressly provided by the Service) to modify, copy, delete, save, download, distribute, transmit, sell or otherwise use the Content or information in any way (except for information that has been legally posted on the Service by the User) without the prior permission of the Company and/or the appropriate copyright owner, except for those cases when the Company and/or the copyright owner have expressly consented to the free use of the Content or Information by any person.

5.16. When using the Service, the User undertakes:

5.16.1. Not to publish and distribute information that does not comply with the laws of the Republic of Armenia or this Agreement through/via Service;

5.16.2. Not to distribute through the Service computer viruses or other computer codes, files or programs which are intended to disrupt, modify, block or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers of commercial software products and their creation programs, inputs, passwords and other means to gain unauthorized access to the Service, Content, as well as paid resources on the Internet;

5.16.3. Not to disrupt the normal operation of the Service;

5.16.4. Not to distribute and/or use computer programs, robots (“spiders”) or other automatic algorithms and methods aimed at “extraction” (collection), illegal transmission, copying, blocking, modification, destruction of Content, Information and Database, as well as aimed at bypassing the restrictions set by the Company in the Service settings;

5.16.5. Not to publish or otherwise use information protected by intellectual property law on the Service (including, but not limited to, information related to patents, trademarks, copyrights and/or related rights) and other information protected by law without the appropriate permission of the owners of such rights. In the event of a dispute, the User bears the responsibility of proving that the information posted by him/her does not violate anyone's rights.

5.16.6. Not to post or distribute advertisements through the Service without obtaining the initial consent of the Company;

5.16.7. Not to send mass messages to the addresses of other Users of the Website without their consent;

5.16.8. Not to collect, store, distribute and otherwise process Personal Data of other Users,

5.16.9. Not to publish links to other Internet resources through the Service, the content of which contradicts the legislation of the Republic of Armenia and/or the requirements of this Agreement;

5.16.10. When registering in the Service, do not provide false Personal Data about himself/herself, do not register and perform actions on behalf of another real person registered in the Service, do not provide Personal Data of third parties, do not use any method to illegally represent third parties;

5.16.11. Not to support the performance of other illegal activities through the Service, not to perform illegal activities which contradict to the legislation of the Republic of Armenia and/or the requirements of this Agreement.

5.17. By starting to use the Service, the User guarantees that he/she has not taken and will not take any action aimed at the technical measures of protection against unauthorized use of the Content, in particular, taking measures to bypass the territorial access restriction system through IP addresses, as well as any other action directed against the normal operation of the Service and its Users.

5.18. Any copying, reproduction, processing, distribution, publication, circumvention of technical protection or other use of any part of the Service, including the Content and other Information available to the User through the Service, beyond the technical capabilities provided by the Service, as well as any use of them for commercial purposes is prohibited.

5.19. The Company has the right, but is not obliged, to verify the presence of prohibited Content on the Website and may remove (without notice) any Content in its discretion for any or no reason, including but not limited to, the removal of any Content, which in the Company's personal opinion, violates this Agreement, the legislation of the Republic of Armenia and/or may violate the rights of other Users or third parties, harm or threaten their safety.

5.20. In case of detection of copying or other prohibited actions by the User mentioned in clause 5.18 of this Agreement, the Company has the right to immediately block and/or delete the User's account, as well as to later apply to the court to compensate the damages and to make him/her liable as defined by the legislation of the Republic of Armenia.

6. PAYMENT FOR ACCESS TO CONTENT

6.1. The payment of the subscription price is made by the User with a bank card, with non-cash payment, the details of which are specified by the User in the Account, or by using the personal promo codes provided to the User by the Service. The Company does not guarantee the absence of errors and failures in the operation of the Service related to the provision of the possibility of non-cash payment.

6.2.Bank card details can be attached to the Service at the moment of payment. In that case, the User specifies the following data:

• Bank card number;
• Bank card validity period;
• Bank card owner's name;
• Security code (CVV/CVC).

If the bank card data is correct, valid and the use of that card within the Service is technically possible, then the specified bank card acquires the “Attached” status and can be used for non-cash payments without the need to additionally enter the specified bank card data for further payments.

6.3. The Company does not have access to the bank card data specified by the User and is not responsible for the safety and confidentiality of the transmitted data when making a cashless payment. Non-cash payment is carried out with the participation of an authorized operator for receiving payments, an electronic money operator or another participant in settlements and is governed by the rules of international payment systems, banks (including the issuing bank of the Attached card) and other participants in settlements.

6.4. In accordance with clause 6.2 of this Agreement, when specifying his/her data and using the Attached card, the User confirms and guarantees that he/she provides accurate and complete information about a valid bank card issued in his/her name, as well as confirms compliance with the rules of international payment systems and the requirements of the bank that issued the Attached card, including the compliance in relation to the procedure for non-cash payments.

6.5. In case of non-cash payment in the cases provided by the current legislation, the cash register receipt is sent to the User’s e-mail address specified in his/her account.

6.6. Payment procedure for subscription:

6.6.1. Payment for the subscription is made by the User in the order of advance payment. The Subscription is fully provided to the User at the moment when the Service allows the User to access the Content.

6.6.2. When subscribing, the User instructs the Company to regularly charge the Subscription fee set by the latter, in the form of an advance payment on the payment day, in accordance with the subclause 6.6.5 of the Agreement, until the User refuses to prolong the Subscription.

6.6.3. The User understands and agrees that the Subscription is granted for an indefinite period from the moment of payment of the first Subscription. The User has the right to refuse to prolong the Service Subscription. Besides, the Company may terminate the Subscription in other cases and on other grounds provided for in this Agreement.

6.6.4. Payment for the subscription is made by using the Attached card. The User's refusal to pay the subscription fee for the subsequent period of the Subscription shall be considered as the User's refusal to prolong the Subscription. In this case, the User's access to the Content is terminated from the day following the last day of the paid Subscription period. If there are insufficient funds in the Attached Card(s) to prolong the Subscription, the Company has the right, at its choice, to either terminate the User's access to the Content at the beginning of the unpaid subscription period, or to maintain the User's access to the Service until the subscription fee is charged to the Attached Card.

6.6.5. By accepting the terms of this Agreement, the User instructs the Company to draw up instructions on his/her behalf to charge money from the account to which his/her card is attached in favor of the Company for the subscription, as well as to send these instructions to the bank that issued the User's bank card. The User gives his/her consent to the automatic periodic withdrawal of funds from his/her account for the payment of the Subscription at his/her request, provided for in this clause of the Agreement, and accepts that the instructions for withdrawing funds from his/her account were sent by him/her, and the actions of the processing center and the acquiring bank, which are aimed at the withdrawal of funds in accordance with this clause of the Agreement, are carried out with the User's consent. According to this clause of the Agreement, withdrawal of funds is done on an automatic basis under the following conditions:

• Entry of all necessary requisites of the Attached card by the User,
• Activation of the service of automatic withdrawal of funds from the attached card as follows: automatically when making the first payment,
• Clicking the “Pay for subscription” button (or another button with similar functionality), confirming the User's consent to this Agreement.

6.7. In case of restriction of the User's access to the Service (or restriction of certain functions of the Service) by complete blocking of the Account, in case of violation of the terms of this Agreement, or in cases when the Company has reasonable doubts that the User has violated this Agreement, the funds deposited for the Subscription will not be refunded.

6.8. Payment for the license to use a certain unit of content (game) is carried out in accordance with the procedure and conditions established by the agreement between the User and the respective copyright owner.

6.9. If the currency of the Linked Card does not correspond to the currency of payment specified in clauses 5.3.2. and 5.3.3., then the conversion takes place at the exchange rate of the Company's bank.

7. OPERATION OF THE SERVICE AND LIABILITY DURING ITS USE

7.1. The Company takes all the measures reserved to it to ensure the proper round-the-clock operation of the Service, but does not bear any responsibility for possible violations in the operation of the Service, as well as for the consequences and delays of such violations (failures).

7.2. The Company does not guarantee that the Content and Information will be available at any time, or will not be deleted or lost. The Company is not responsible for any interruptions or delays in the operation of the Service.

7.3. The Company is not responsible for the possible leakage of Information from the Service Database for any reason, including as a result of unauthorized actions of third parties.

7.4. The Company is not responsible for the presence of viruses in the Service, as well as for the possible consequences of transmitting viruses to the User's computer or “infiltrating” other harmful programs on the User's computer. The Service is provided to the User in the principle “as is” without any additional guarantees.

7.5. Any recommendation made by the Company to the User using the technical means of the Service shall be considered as a “prediction” only. These recommendations may not match the actual preferences or expectations of the User. The Company is not responsible for any discrepancy between its recommendations and the User's expectations.

7.6. The Company is not responsible and does not compensate for any loss, including lost profit, moral and other damage caused to the User or third parties in connection with the use of the Service or the operation of the Service, as well as in all other cases provided for in this Agreement. In any case, the Company's liability is limited to the amount of 100 (one hundred) AMD according to Article 17, Part 1 of the Civil Code of the Republic of Armenia, if its guilt is proven. The burden of proving the Company's fault bears solely the User. In case of using the free services provided by this Agreement, the consumer protection rules provided by the legislation of the Republic of Armenia do not apply to the relationship between the User and the Company.

7.7. Only the User is responsible for the information posted by him/her in the Service and/or the information transmitted by him/her to other Users or third parties through the Website, including its content and compliance with the requirements of the legislation of the Republic of Armenia, for the violation of third party rights (including, but not limited to, copyright and/or related rights, personalization measures, trade secret and other rights protected by law).

7.8. The User undertakes to resolve at his/her own expense all disputes and settle all requirements and claims of third parties, instructions and requirements of authorized state bodies, received both by the User and the Company, copyright owners, other Users or third parties, by the User hereunder in relation to the violation of the terms of the Agreement, posting of Information on the Website by the User, as well as performing other actions related to the use of the Service and related claims for compensation of all losses and expenses incurred by the Company or third parties.

7.9. The Company is not responsible for any contracts concluded between the Users and/or the User and any third party through the Service. In particular, the Company only provides access to the Content, but the obligations for the use of specific units of the Content arise directly between the User and the respective copyright owner. The Company bears no responsibility for such liabilities.

7.10. The Service may contain links to other websites (third party websites). Those third parties and their content are not checked by the Company for compliance with certain requirements (authenticity, completeness, legality, etc.). The Company is not responsible for any content, information, materials posted on third-party websites, which the User accesses through the Service, including opinions or statements expressed on third-party websites, advertising, etc., as well as for the consequences of the User's use of such websites or content.

7.11. A link (in any form) to any website, product, service, content, commercial or non-commercial information posted on the Service does not constitute an approval or recommendation by the Company of those products (services, activities), unless expressly stated on the Website by the Company.

7.12. The Company has the right to send informational messages to its Users. By using the Service, the User gives his/her consent to receive advertising messages. The User has the right to refuse to receive messages by selecting the appropriate function of the Service.

7.13. The Company is not responsible for the content of the Information that is directly posted by their copyright owners, as well as for the accuracy of the classification of information products. The responsibility for proper classification of information content and information products entirely bear their copyright owners.

7.14. In case of issues regarding the impossibility of viewing a previously purchased and paid Content unit, the User has the right to contact the copyright owner to resolve them on an individual basis.

7.15. All questions, complaints and claims related to the using/impossibility of using the Service, as well as possible violation of the law and/or the rights of third parties, should be sent through the Service.

7.16. The Company does not engage in preliminary control or censorship of information published by Users and takes measures to protect the rights and interests of individuals, as well as to ensure the requirements of the legislation of the Republic of Armenia only after the interested person applies to the Company in the prescribed manner.

8. FINAL PROVISIONS

8.1. This Agreement, as well as the relations between the Users and the Company, which are not regulated by this Agreement, are subject to interpretation and resolution in accordance with the legislation of the Republic of Armenia. All possible disputes arising from the relations regulated by this Agreement are resolved in order established by the current legislation of the Republic of Armenia, in accordance with the norms of the legislation of the Republic of Armenia.

8.2. The User and the Company shall attempt to resolve all disputes and disagreements between them through negotiations. In the event that disputes and disagreements cannot be resolved through negotiations, they are subject to trial in the court of the Company's location.

8.3. If for any reason one or several provisions of this Agreement are held to be invalid or legally unenforceable, this shall not affect the validity or applicability of the remaining provisions of the Agreement.

8.4. In case of violation of the provisions of this Agreement by the User or other users, the Company's inaction does not deprive the latter of the right to take appropriate actions to protect its interests in the future, nor does it mean that the Company waives its rights in case of future similar violations.

8.5. This Agreement is drawn up in Armenian and in some cases may be provided to the User in another language for familiarization with it. In case of inconsistency between the Armenian version of the Agreement and the version of the Agreement in another language, the provisions of the Armenian version of this Agreement shall apply.