This Agreement is a public offer. By requesting the access to any services governed, directly or indirectly, under this Agreement, the User is considered to have accepted the terms of this Agreement in full and have entered into a license agreement with the Administration on the terms of this offer. If the User does not agree with any of the provisions of this Agreement, the User must not access or interact with the Service.

No claim based on a statement of lack of knowledge of the provisions of these Terms shall be accepted or considered.

1. DEFINITIONS

1.1. Service Administration (or Administration):

1.2. Technology — a proprietary multi-modal real-time streaming protocol designed for accessing the Server with minimum latency of any media transmission and controls passthrough, developed and maintained by the Administration, including all software developed by the Administration to deliver, manage, rollout, monitor and maintain the protocol, underlying servers and services provided by means of the protocol or with aim to provide paid or unpaid access to the protocol.

1.3. Service — a cloud gaming service: the User plays computer games that run on the Server and receives the game as a Video Stream on the User Terminal by means of the Technology. The Service does not include renting, leasing or providing the Server to the User for any other purpose.

1.4. Server — a gaming computer operated and managed by the Administration in a data center, on which the games played by the User run.

1.5. Website — a public website available at https://loudplay.io/ ran and supported by the Administration.

1.6. User — an individual acquiring a limited, interruptable access to the Service and temporary license to use the Technology in accordance with terms of this Agreement.

1.7. Content — computer games, including their files, updates and add-ons, that the User plays on the Server by means of the Service.

1.8. Remuneration — payment by the User for the provision by the Administration of a non-exclusive right to use the Service.

1.9. Service Platform — the Administration's platform located on this website and containing technical capabilities for viewing, acquiring rights to use the Service.

1.10. Description — information available on the site of the Service and intended to familiarize the User with the properties of the Server (specification, data storage time, etc.).

1.11. User Terminal — various technical devices in the form of: a personal computer; a tablet computer; game manipulator / console or other equipment owned by the User or belonging to him on any other basis, allowing the use of the Service. To use the Service, the User Terminal must meet certain requirements that are specified in the Description (operating system, gamepad, Internet connection and channel width).

1.12. Account — User branch at the site of the Service, including User information, they reported on the Internet website of the Administration, in order to be able to use the Service (login, password) and information about acquired rights to use the Service and other information necessary or related to the use of the Service.

1.13. Video Stream is a sequence of frames of a certain format that create a linked image (video) that the user receives in response to his actions using the Service.

1.14. Content Download — saving Content to the Loudplay Server memory for its further use by the User.

1.15. Content Installation — launching the Distribution after Uploading it to the Loudplay Server in order to make it possible to use the Content on the User Terminal.

1.16. Distribution — a file or a set of files that make up the Content and are necessary for Installing Content on the User Terminal.

2. SUBJECT

2.1. The Administration grants the User the right (based on a simple non-exclusive license) to use the Loudplay cloud technology as part of the Service for its intended purpose, namely for the purpose of using Content on Administration Servers.

2.2. The Service is intended solely for playing computer games. The User launches games through the game launcher interface provided by the Administration, under the User's own account with the respective game store or publisher (for example, Steam or Epic Games). The Administration restricts the software that can be run on the Server to games and game launchers.

2.3. The Administration does not sell, resell or otherwise provide games, game keys or game licenses. To play a game, the User must hold a valid license for it on the User's own account with the respective game store or publisher. Games pre-installed on the Server are provided only to shorten loading time and may be played only under such a license. The User bears full responsibility for violation of the rights to use the Content on the Administration Server.

2.4. Using the Service is possible by Subscription (access for a fixed periodic Remuneration) or by one-time prepaid packages of gaming hours in accordance with clause 4.11.

2.5. The administration reserves the right to use the Service independently and the right to issue non-exclusive licenses to other persons.

2.6. The administration reserves the right to limit the number of hours that the User has the right to use the Service for the paid time in a calendar month, if this does not contradict the essence of the tariff (for example, a tariff for several hours). Specific restrictions regarding specific tariff plans are set in the description of the tariff plan on the Service site.

2.7. The Administration may change the number of hours included in specific tariffs. Such changes apply to new purchases and, for an active Subscription, only from the next paid period that starts at least 14 (fourteen) calendar days after the Administration notifies the User by e-mail. Hours already purchased are not reduced. If the User does not agree with the change, the User may cancel the Subscription before the change takes effect. For the purposes of this Agreement, a calendar (paid) month is understood to mean a period of time from the first day of activation of the Subscription to the same date in the next calendar month.

2.8. All notifications and messages about the Service that are not published on the Website loudplay.io are only informative and the Administration is not responsible for the accuracy of this information.

2.9. The administration reserves the right to change and/or Supplement this Agreement at any time at its own discretion. The administration will publish changes to the Agreement on the current page and will notify Users with an active Subscription of material changes by e-mail at least 14 (fourteen) calendar days before they take effect. Further use of the Service resources by the user after any changes to the Agreement take effect means that the User accepts such changes/additions.

2.10. The latest version of the Agreement replaces all previous agreements between the Administration and the User. The previous version of the Agreement is considered invalid, loses its force and can no longer serve as a fundamental document governing the relationship between the User and the Administration. If the User does not agree with the changes and / or additions to this Agreement, the User must stop using the Service resources.

3. REGISTRATION AND AUTHORIZATION

3.1. To access the use of the Service, the User must register on the website of the Service. For registration purposes, the User provides an e-mail address, which in the future will be the login for the User Account.

3.1.1. The User confirms the e-mail address with a one-time code sent to it. Instead of an e-mail address, the User may register with a Google account.

3.1.2. The User may additionally set a unique password that protects the User Account.

3.2. Authorization is carried out with a one-time code sent to the User's e-mail address, with the User's password, or with the User's Google account.

3.3. The user is independently responsible for the safety of his username and password, incl. for the possibility of access to them by other persons and the excessive ease of the password. The Administration is not responsible for the disclosure of the User's login and password if this happened as a result of the User's careless attitude to his data and User Terminals and other means of recording, where the specified information is stored.

3.4. The User is fully responsible for providing incorrect information about the email address, which entailed the inability of the Administration to properly fulfill its obligations to the User.

3.5. The User authorizes the Administration to collect, process and store his personal data in accordance with the Privacy Policy published on the Website.

4. REMUNERATION OF THE ADMINISTRATION AND PAYMENT PROCEDURE

4.1. The User pays the Administration a fee for using the Service.

4.2. The fee for using the Service is paid by the User in accordance with the selected tariff.

4.3. The fee for using the service under the subscription scheme is fixed and is paid by the User before using the Service (an advance payment). The amount of remuneration is indicated on the site of the Service.

4.4. A Subscription renews automatically at the end of each paid period, and the Remuneration for the next period is charged to the payment method the User used for the Subscription, until the User cancels the Subscription. The User may cancel the Subscription at any time before the next renewal; the cancellation takes effect at the end of the current paid period, and no further charges are made. Subscriptions purchased through a mobile application store are renewed and cancelled in that store (clause 4.12).

4.5. The user has the right to use the payment methods available on the site of the Service on the date of payment. The list of such means of payment may be changed unilaterally by the Administration.

4.6. A payment method is saved to the User's Account for future charges only with the User's explicit consent given at checkout, for example to renew a Subscription. One-time packages of gaming hours do not create recurring charges. The User can remove a saved payment method at any time by contacting support or, where available, in the payment settings of the Account.

4.7. The User is fully responsible for providing incorrect information about the means of payment, which entailed the inability of the Administration to properly fulfill its obligations to the User.

4.8. If the User does not use the Service for more than three months in a row and has no active Subscription, the Administration has the right, after notifying the User by e-mail, to delete the inactive account and reset the User's remaining playing time.

4.9. In addition to the cases described in the Refund Policy published on the Website, the Administration shall refund funds at the request of the User in case of technical failures in the operation of the Service caused by the Administration for more than 24 hours from the moment of notification by the User of the technical support service, or in case of removal by the Administration of an inactive User account.

4.10. Approved refunds are returned by non-cash transfer to the original payment method used for the purchase, normally within 14 (fourteen) calendar days of approval. This period may be extended due to the terms of money transfer by the payment system, in this connection, the Administration is not responsible.

4.11. In addition to subscription access, the Administration may offer one-time, prepaid packages of gaming hours. Such a package is a one-time purchase and is not a subscription: there is no automatic renewal and no recurring charge. The hours are supplied as a digital service and credited to the User's Account immediately after payment. By purchasing a package, the User expressly requests that the Administration begin supplying the service immediately, within any statutory cancellation period, and acknowledges that the right of withdrawal is lost once the package has been fully used. Prepaid hours are valid for 30 (thirty) days from the date of purchase; any hours not used within this period expire.

4.12. The Administration may sell access through an authorised reseller. Where an order is processed by Paddle.com, Paddle.com is the Merchant of Record for that order, provides customer service for payments and handles returns. Purchases made through a mobile application store, such as Google Play (on Android), are processed by that store under its own terms, and billing, refunds and subscription management for those purchases are subject to the store's policies. The prices and the amount of included gaming time for mobile-store plans and top-ups may vary by country. Refunds and cancellations are otherwise governed by the Refund Policy published on the Website.

5. RULES OF CONDUCT OF THE USER

5.1. User does not have the right to:

5.1.1. use the Service in any way that prevents its normal functioning.

5.1.2. access to the source code of the Loudplay technology. Not entitled to try to gain such access;

5.1.3. may not attempt to decompile Loudplay technology code;

5.1.4. on any resources where the Service is discussed or the Users communicate: post content that is unlawful, threatening, obscene, hateful or discriminatory on the basis of gender, nationality, religion or other characteristics, call for terrorism or other violence, insult or harass other Users or the Administration, or knowingly spread false information. Upon detection of such content, the Administration has the right to delete it, and if the User repeatedly violates this clause, to remove such User from participation in public discussions. This clause does not restrict the User's right to publish honest reviews of the Service.

5.1.5. on any resources where the Service is being discussed or the Users are communicating, be presented on behalf of the Administration or otherwise mislead others.

5.1.6. use the Account of another User, as well as alienate or otherwise transfer his or acquire, including, but not limited to, by exchanging or receiving as a gift, the Account of another User. In the event that such actions of the User are discovered, the Administration has the right to block the User's account without compensation for the unused time of the Subscription.

5.1.7. use the Service for mining activities. In case of violation, the User's account will be blocked without compensation for the unused time of the Subscription.

5.1.8. run on the Server any software other than games and game launchers, including torrent and other file-sharing clients, proxy, VPN or remote-access tools, hacking, password-cracking or network-scanning tools, malware, and cheats or other programs that give an unfair advantage in games; attempt to bypass the restrictions of the Service or to gain access to the operating system, file system or network of the Server; or use the Server for any purpose other than playing games. In case of violation, the User's account will be blocked without compensation for the unused time of the Subscription.

5.2. The User guarantees:

5.2.1. that he has a sufficient degree of legal capacity to acquire the rights to use the Content he has chosen;

5.2.2. that the Content the User plays on the Administration Servers is appropriate for the User's age under the age ratings and laws applicable in the User's country of residence. The User agrees to exclude from the use of the Content persons who have not reached the appropriate age. In case of violation of this condition, the User is solely responsible for the consequences of such violation without the possibility of making claims to the Administration;

5.2.3. that he acquires the right to use the Content for his personal purposes and does not plan to use the Content for business purposes.

5.2.4. Do not take actions that may directly or indirectly lead to losses and / or indirect damage to the Site Administration, including as a result of loss of its business reputation, as well as by any means interfere with the normal functioning of the Site.

5.3. The user is independently acquainted with possible changes to the terms of this Agreement.

6. DISSEMINATION OF INFORMATION

6.1. The Administration may send the User advertising information about the Service to the e-mail address provided when registering, where the User has consented to it or where this is otherwise permitted by applicable law. Every such message contains a way to unsubscribe, and the User may unsubscribe at any time.

6.2. The User does not have the right to refuse to receive information from the Administration of non-advertising nature that may relate to the use of the Service, for example, changing the size of the Remuneration, warning about preventive maintenance, etc.

7. WARRANTY OF ADMINISTRATION. LAPSUS LINGUAE

7.1. The administration guarantees that the Service complies with its descriptions and is suitable for use for its intended purpose, provided that the User complies with the minimum requirements for such use of the Service.

7.2. The Administration guarantees that the Service does not distribute malicious programs that may harm the User Terminal, software, files and information on the User Terminal.

7.3. The services are provided to the User on a "as is" basis, i.e. Administration does not guarantee the smooth operation of the Service and the absence of errors affecting the performance of the Service.

7.4. The administration guarantees that it has all the rights, including exclusive to provide the Service to Users.

7.5. To the extent permitted by applicable law, the warranties specified in clauses 7.1-7.3 are given in lieu of all and any other warranties. Nothing in this Agreement limits the rights that the User has as a consumer under mandatory provisions of applicable law.

7.6. Any terms such as "purchase", "buy", etc. and derivatives thereof, are used solely for convenience of presentation and do not change the meaning of the relationship between the Administration and Users regarding the use of the Service, which is the provision of non-exclusive rights.

8. RESPONSIBILITY AND RESOLUTION OF DISPUTES

8.1. For non-performance or improper performance of their duties, the parties are liable in accordance with the legislation of the Republic of Armenia.

8.2. To the maximum extent permitted by applicable law, the Administration will not be liable for any indirect, special, punitive, consequential losses, lost profits, etc. even if the Administration was aware of the possibility of such.

8.3. The relations of the Administration and the User apply the law of the Republic of Armenia. All disagreements are resolved through negotiations, if it is impossible to resolve the disagreements - in court at the location of the Administration. Claims settlement procedure is required. The response period for the claim is 10 calendar days from the date of receipt of the claim. This clause does not deprive a User who is a consumer of the protection of mandatory provisions of the law of the User's country of residence or of the right to bring a claim in the courts of that country where such law provides for it.