TERMS AND CONDITIONS

1. IDENTIFICATION

Monty Mobile International Ltd, a company duly incorporated and registered in Seychelles under company registration number 065785, whose registered office is at 306 Victoria House, Victoria, Mahe, Seychelles (referred herein as “Monty Mobile”)

2. LEGAL INFORMATION AND ACCEPTANCE OF THE MONTY CLOUD GAMING TERMS OF USE

These End-User License Agreement (EULA), hereinafter “Terms of Use”, regulate the use of the Monty Cloud Gaming platform that Monty Mobile makes available to users so they can fully enjoy the latest streaming games included on the Monty Cloud Gaming platform.

The access and/or use of the Monty Cloud Gaming services implies full and unconditional acceptance of the Terms of Use published by Monty Mobile at the time of access and/or use of the platform. The User will be liable for damages of any kind that Monty Mobile may suffer directly or indirectly as a result of any breach of these Terms of Use and the applicable regulations.

3. USERS

Access and/or use of the Monty Cloud Gaming platform gives the condition of USER to the person, who accepts, from such access and/or use, the Terms of Use reflected here. The User must be over 16 years of age and, in case of being underage, must have the consent granted by their legal representatives to play in Monty Cloud Gaming. Please, make a responsible use of the time you spend playing on Monty Cloud Gaming.

4. INFORMATION PROVIDED BY MONTY CLOUD GAMING USERS

In order to check-in and create an account, users must provide personal registration information to use the Monty Cloud Gaming service, such as the username, email or image to create an avatar. For more information, please visit our Privacy Policy.

The user agrees that Monty Mobile can use technology and integrated services to allow this information to be used to carry out statistical analyzes of Monty Cloud Gaming accesses, uses and views.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY OF MONTY CLOUD GAMING

Please read and accept this license agreement before installing and using the Monty Cloud Gaming service. The Monty Mobile application grants its Users a non-exclusive and non-transferable license (hereinafter, the “License”) to use the website and the gaming platform.

By accessing and/or using Monty Cloud Gaming, the user accepts the Terms of Use of Monty Mobile and executes it at its own risk and responsibility. Monty Mobile reserves the right to update and modify these Terms.

5.1. Copyright

Monty Mobile is the owner of Monty Mobile's trade name, copyright and distribution rights. The copyright includes the “look and feel” of the Monty Mobile software. This agreement is a license to use Monty cloud Gaming and Monty Mobile software and does not imply a transfer of ownership of its rights.

In this sense, Monty Mobile by itself or as an assignee, is the owner of all the intellectual and industrial property rights of Monty Cloud Gaming or the games offered in it, as well as the appearance, style of the software and the elements contained therein (for instance, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of used materials, computer programs necessary for its operation, access and use, etc.), owned by Monty Mobile or its licensors. Under the provisions of the Copyright Law, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of, for commercial purposes, in any medium, are expressly prohibited. and by any technical means, without the authorization of Monty Mobile or third owners.

The user agrees to respect the Intellectual and Industrial Property rights owned by Monty Mobile and the owners of the games. Unless expressly authorized, Monty Mobile does not grant any type of license or permission to use in relation to its intellectual and industrial property rights or any other property or right associated with its platform.

The user cannot change, deconstruct, disassemble or decompile the Monty Cloud Gaming platform, which includes the use of any current or future technology, and must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed in the Monty Mobile application. Failure to comply with any of the terms and conditions of this License will be interpreted as a violation of these Terms of Use.

Failure to comply with any of the terms and conditions of this License will be construed as a violation of these Terms of Use.

Monty Cloud Gaming © name and logo are registered trademarks of MONTY MOBILE,

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5.2. Third Party Applications and Devices

The Monty Mobile Service is integrated or may, in any other way, interact with third party applications, websites and services and third party devices (“Third Party Applications and Devices”) to make the Monty Mobile Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies, and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. The User understands and accepts that Monty Mobile neither subscribes nor is responsible for the behaviors, features or contents of the Third Party Applications or Devices or any legal business that the User may enter into with the provider of any of these Third Party Applications and Devices, nor does Monty Mobile guarantee the compatibility or continued compatibility of Third Party Applications and Devices with the Service.

5.3. Guarantees and responsibilities

You must use the Monty Cloud Gaming service in accordance with the terms and conditions of this document. Monty Mobile will not be liable for damages derived from the use of Monty Mobile inconsistently with this License. Except for the responsibilities established in the consumer protection rules, the user exonerates Monty Mobile from any responsibility derived from the incorrect execution of Monty Cloud Gaming or the incorrect operation thereof caused by the way the software was executed. This disclaimer extends to Monty Mobile employees and management.

Monty Mobile states that this License to use the Monty Cloud Gaming platform does not breach any previous contract or current legislation. Monty Mobile does not guarantee the availability, continuity or flawless operation of the software. Therefore, to the extent permitted by the law, this warranty does not include damages resulting from Monty Mobile’s unavailability or operation and Monty Cloud Gaming functionality. Monty Mobile does not assume any responsibility in case of an unforeseeable circumstance or force majeure, in the same way, it will not be responsible for any cause that is beyond reasonable control, such as the existence of viruses and the interference of third parties.

5.4. Duration of the License

The validity of this License starts with the acceptance of these Terms of Use. Monty Mobile shall have the right to restrict, suspend or terminate this License at its own discretion, in whole or in part, at any time and for any reason and without prior notice nor responsibility.

Monty Mobile grants only the Monty Cloud Gaming license to use. In no case grants the license or authorization of distribution of any kind on their copyright and industrial property rights or on any other property or right related to Monty Cloud Gaming.

6. USE OF THE MONTY CLOUD GAMING PLATFORM

The user commits to make a diligent and responsible use of the Monty Cloud Gaming platform and not to cause any damage to the physical and logical systems of Monty Mobile, owner of Monty Cloud Gaming, its suppliers or third parties, to introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.

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

7. TERMS AND CONDITIONS OF SALE

7.1. Changes to the Agreements

From time to time, we may make changes to the Agreements for legitimate reasons, such as improving existing functions or features or adding new functions or features to the Service, implementing scientific and technological advances and reasonable technical adjustments to the Service, ensuring the operation or security of the Service, and for legal or regulatory reasons. Where we make material changes to the Contracts, we will notify you in a manner that we consider appropriate in the circumstances, e. g, we will display a prominent notice or ask for your consent on the Service or send you an email.

In some cases we will notify you in advance so that your continued use of the Service after changes are made will signify your acceptance of the changes. Therefore, be sure to read that notice carefully, as well as the new version of the Contracts. If you no longer wish to use the Service under the new version of the Agreements, you may cancel your account by contacting us. In the event that you have received a Trial Subscription Period or a Paid Subscription through a third party, you must cancel the Paid Subscription through such third party.

7.2. Enjoy Monty Cloud Gaming

Below you will find information about the different options available to enjoy Monty cloud Gamings.

7.2.1. Service Options

When you create a Monty Cloud Gaming account, we will explain the Service options available. Certain options are offered free of charge. Other options require payment before you can access them ("Paid Subscriptions"). We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise change the offering of our subscription plans, as well as our promotional offers, at any time, in accordance with these Terms and subject to any terms applicable to such plans and offers.

7.2.2. Trial Periods

From time to time we may offer, or others may offer on our behalf, trials of Paid Subscriptions for a specified time without payment or for a reduced fee (a "Trial Period"). Monty Cloud Gaming may determine your eligibility for a Trial Period and may withdraw or modify such Trial Period at any time, without notice and without liability, to the extent permitted by applicable law.

For some Trial Periods, we will ask you to provide your payment details to initiate the Trial Period. By providing such information, you agree that we may automatically charge you for the Paid Subscription on the first day after the end of the Trial Period, on a monthly basis or at such other interval as we may inform you in advance. IF YOU DO NOT WISH TO BE CHARGED THIS FEE, YOU MUST CANCEL THE CORRESPONDING PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL PERIOD BY CLICKING HERE IF YOU REGISTERED FOR THE TRIAL VIA MONTY CLOD GAMING IF YOU ACCESSED THE TRIAL PERIOD THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THAT THIRD PARTY.

7.3. Payments, cancellations and period of reflection (right of withdrawal)

7.3.1. Billing

You may purchase a Paid Subscription directly from Monty Cloud Gaming in accordance with your Service Plan model. Monty Cloud Gaming may change the price of Paid Subscriptions, including recurring subscription fees, at any time. Price changes will apply at the start of the next subscription period following the date the price change is made. To the extent permitted by applicable law, your continued use of the Monty Cloud Gaming Service after the price change takes effect will constitute acceptance of the new price. If you do not agree to the price change, you have the right to reject the change by unsubscribing from the Paid Subscription before the price change becomes applicable.

If you purchase a Paid Subscription, you authorize Monty Cloud Gaming to automatically charge you each month until you cancel. You agree that the Cooling-Off Period will be available for a period of fourteen (14) calendar days following your purchase but is forfeited once you have used the Monty Cloud Gaming Service during such period.

7.3.2. Renewal; Cancellation

Payment paid to Monty Cloud Gaming will automatically renew at the end of the relevant subscription period, unless you cancel the Paid Subscription before the end of the relevant subscription period. The cancellation will take effect from the day following the last day of the current subscription period.

8. DATA PROTECTION

Monty Mobile complies with the General (EU) 2016/679 Data Protection Regulation (hereinafter, “GDPR”), the Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (hereinafter, “LOPDGDD ”) and other regulations that may be in force at all times, and ensures the correct use and processing of the user’s personal data. Therefore, each time the user accesses and uses Monty Cloud Gaming, must accept the Terms of Use and the Privacy Policy, which informs about who the identity of the Data Controller, its address, the possibility of exercising the data protection rights of access, rectification , erasure, opposition and revocation of consent by sending an e-mail to cloudgaming.support@montymobile.com as well as the purpose of the processing and data communications to third parties, where appropriate, to be able to use the Monty Cloud Gaming platform and play. For more information, please visit our Privacy Policy.

Monty Mobile may use the personal data to send or make commercial or promotional communications to Monty Cloud Gaming users who have given their prior consent.

9. EXCLUSION OF GUARANTEES AND LIABILITY

Monty Mobile reserves the right to cancel the access of a user to Monty Cloud Gaming, as well as all or part of the content provided through it, at any time and without prior notice, for technical reasons, security breaches, maintenance or power failures or any other reasonable cause. Consequently, Monty Mobile does not guarantee the integrity, availability or continuity of the Monty Cloud Gaming platform or its content, therefore, its use is made at the User’s own risk and Monty Mobile is not responsible for the discontinuity or unavailability of this service.

Monty Mobile is not liable for any interruption of Monty Cloud Gaming services, delays, errors, malfunctions and, in general, any other problem arising from causes beyond Monty Mobile's reasonable control and/or related to willful misconduct or intent, fault or negligence of the users, and/or due to force majeure. Force majeure is defined as all those events that go beyond Monty Mobile’s reasonable control, such as: third parties’ errors, operators or service companies, acts of the government, lack of access to third party networks, acts or omissions of public authorities, or those produced as a result of natural disasters, blackouts, attacks by hackers or other third parties to the security or integrity of the system. In any case, whatever the cause, Monty Mobile will have no liability for direct or indirect damage or for losses incurred.

All liability of Monty Mobile is excluded for damages of any kind that may result from the presence of viruses or the presence of other harmful elements in the content that may cause alterations in the computer systems, as well as in documents or other systems stored in Monty Cloud Gaming. Monty Mobile is not responsible, in any case, for damages of any nature that may cause, for instance, errors or omissions in the contents, unavailability of Monty Cloud Gaming’s service or the transmission of viruses or malicious or harmful programs in the contents, despite having taken all the necessary technological measures to avoid it. Monty Mobile will pursue the breach of these conditions as well as any improper use of the Monty Cloud Gaming service, exercising all civil and criminal actions that may be applicable by law.

10. MODIFICATION OF THESE TERMS AND DURATION

Monty Mobile reserves the right to make the modifications it deems appropriate in Monty Cloud Gaming without prior notice, being able to change, delete or add both the content and services provided through it and the way in which they are presented or located in the Monty Cloud Gaming platform. The validity of the aforementioned terms of use will be based on their exposure and will be in force until they are modified by others duly published. These Terms of Use and, therefore, the License, will end the moment the user incurs a violation of them. You must remove any copy of the Monty Mobile software in your possession at the time of termination of these Terms of Use.

11. RIGHT OF EXCLUSION

Monty Mobile reserves the right to deny or withdraw access to Monty Cloud Gaming and/or the services offered without prior notice, at its own request or by a third party, to those users who fail to comply with these Terms of Use.

12. APPLICABLE LEGISLATION AND JURISDICTION

The User expressly accepts that all disputes, claims and other issues that may arise or are related to the Monty Cloud Gaming service will be governed by current Spanish regulations and any controversy will be submitted to the Courts of the city of Barcelona, unless the regulations for the consumers and users protection establish other criteria.