General Terms and Conditions

Skycoach is an independent service provider and is not affiliated with, endorsed by, sponsored by, authorized by, or otherwise associated with any third-party game developer, publisher or other intellectual property rights holder. Nothing herein shall be interpreted as establishing any partnership, joint venture, sponsorship, affiliation, association, or any other relationship with any third-party. Any views, opinions, or statements expressed through the Platform do not represent the views, opinions, or positions of any such third-party.

Skycoach is an independent marketplace that connects the Coaches as independent service providers with the Customers. Skycoach does not provide the Services offered through the Platform and does not supervise, direct, control, or guarantee the provision of such Services by the Coaches.

Skycoach does not monitor, control, or ensure Users’ compliance with the Game Rules, terms of service, policies, or other requirements imposed by game publishers, platform operators, or any other third parties (together, the “Third-Party Rules”).  Users are solely responsible for ensuring that their use of the Platform and any Offers or Orders placed or fulfilled through the Platform comply with the Third-Party Rules.

The User acknowledges and agrees that all use of the Platform and any Services arranged through it is undertaken at the User’s own risk. Skycoach shall have no liability arising out of or in connection with any breach of Third-Party Rules by the Users.

By visiting, registering, making or accepting Offers, obtaining any services or digital content on the Platform, the User (User is referred herein as "User", "you") acknowledges having read, understood, agreed to all these General Terms and Conditions (hereinafter – "General Terms") and agrees to be legally bound by them.

If you do not agree to General Terms, you must stop using the Platform immediately.

You must be and hereby affirm that you are an adult of the legal age of majority in your country and state of residence. If you are under the legal age of majority and at least 13 years old, your parent or legal guardian must consent to this Agreement.

By registering on the Platform, you represent that your parent or legal guardian consents to this Agreement.

If you are under 13 years old, you are not permitted to use the Platform.

By registering on the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements.

By registering on the Platform, you represent and warrant that you have been familiarized with applicable Game Rules before making or accepting Offers on the Platform, have all necessary and relevant experience and knowledge to provide and obtain the Services and deal with digital items, have a full understanding of their framework, are aware of all the merits, risks and any restrictions associated with them, and are solely responsible for any evaluations based on such knowledge.

If you do not meet all of these requirements, you must not access or use the Platform.

1. Terms and Definitions

1.1 For the purposes of the Agreement the following definitions shall apply:

• "Platform" – the web platform located at https://skycoach.gg/ that allows Customers to find the Coaches to receive the Services.
• "User" – the person who uses the Platform's functionality. There are 2 types of Users: Customers and Coaches.
• "Customer" – the User who accepts the Offer and makes an Order on the Platform and/or obtains any services or digital content on the Platform. Becoming the Customer, the User agrees to be legally bounded by the Terms of Service for Customers.
• "Coach" – the User who makes the Offer and provides Services on the Platform. Becoming the Coach, the User agrees to be legally bounded by the Terms of Service for Coaches.
• "Services" – in-game services which may be provided to a Customer by a Coach on the Platform, for example coaching services (tactics trainings, etc.), assistance with challenges' completing, etc.
• "Price" – the cost of the Services offered on the Platform.
• "Offer" – a proposal made by the Coach for provision of the Services.
• "Order" – an Offer accepted by the Customer.
• "Warranty period" – the period during which the Customer can make statements about shortcomings of the completed Order and demand the Coach to make changes or commensurate price reduction.
• "Game Rules" – all binding terms, conditions and regulations between the User and the game or video game developer or publisher relating to use of such game.
• “User Content” – any text, images, descriptions, data, or other materials submitted, uploaded, created, posted, or otherwise made available by Users in connection with their use of the Platform or the Services, including, without limitation, content contained in or relating to Offers created or published by the Coaches.

2. About these General Terms

2.1 These General Terms, Terms of Service for Customers and/or Terms of Service for Coaches (subject to what is applicable to you) represent the complete agreement between you and us relating to the use of the Platform, superseding any prior agreements between you and us, whether written or oral (hereinafter – "Agreement").

2.2 The Terms of Service for Customers and Terms of Service for Coaches shall be deemed to be part of the Agreement and are accepted and agreed by the Coach or the Customer at the same time as the General Terms while registering on the Platform. By using the Platform or otherwise indicating your consent, you agree to be bound by the Agreement.

2.3 The above constitute the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Agreement.

2.4 The General Terms, Terms of Service for Customers and/or Terms of Service for Coaches (subject to what is applicable to you) set forth the terms and conditions under which you are licensed to use the Platform, and governs the other aspects of the relationship between you and Deval Ltd (Deval Ltd is referred to herein as "Deval", "we", "our" or "us") as set forth below. These General Terms apply to any parts of the Platform, its functionality and content provided to you.

2.5 The use of the Platform is licensed to you by Deval Ltd, a company incorporated in the Republic of Cyprus, registration number HE 432317, with its registered address at 25 Martiou, 27 D. Michael Tower, flat/office 105A, Egkomi, 2408, Nicosia, Cyprus.

2.6 The granted rights to use the Platform under the Agreement are not sold and/or transferred in any way. You hereby acknowledge that no title or ownership with respect to the Platform is being transferred or assigned and the Agreement should not be construed as a sale of any rights.

2.7 We may prevent or suspend your access to the Platform if you do not comply with the requirements established by the Agreement or any applicable law.

3. Platform's usage

3.1 Skycoach is an independent marketplace that connects the Coaches as independent service providers with the Customers. There is no agency, employment, or partnership relationship between Skycoach and its Users.

3.2 As The Platform functions as a marketplace, Skycoach does not provide any Services by its own or determines the content posted by the Users on the Platform. The Users use the Platform at their own risk and are solely liable for the content posted by them or which they authorized the Skycoach to display in Offers, Orders and somewhere else on the Platform.

3.3 Users may provide and obtain the Services on the Platform only in compliance with laws, regulations and applicable legal documents. Users shall be solely responsible for ensuring such compliance. The Platform shall not be liable for any violations of laws or third-party rights by Platform Users.

3.4 By accessing or using the Platform, you represent and warrant that you have been familiarized with applicable Game Rules before making or accepting Offers on the Platform, have all necessary and relevant knowledge to make and perform the Orders and deal with digital items, have a full understanding of their framework, are aware of all the merits, risks and any restrictions associated with them, and are solely responsible for any evaluations based on such knowledge.  

 

 

3.5 The Platform provides the following functionality so that the Customers can accept help with their in-game performance from the Coaches as professional players in certain online games:

• making different Offers by the Coaches which may be accepted by the Customers;
• acceptance of the Orders by the Customers;
• ensuring of interaction between the Customers and the Coaches.

3.6 Skycoach grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for its intended purposes and in accordance with the Agreement. No rights or licenses are granted except as expressly set forth herein.

3.7 You are solely responsible for maintaining the confidentiality and security of Your account credentials and for all activities conducted through Your account. Skycoach shall not be liable for any unauthorized access to or use of the Platform or Your account by any third party, including where resulting from the loss, theft, compromise, or misuse of Your credentials, except to the extent such liability cannot be excluded under applicable law.

3.8 Interaction between the Coaches and the Customers should be made solely on the Platform, otherwise profiles of the Users will be blocked.

3.9 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.

 

 

3.10 We make no promise that the Platform is appropriate or available for use in all locations. You acknowledge that you are using the Platform at your own initiative and are responsible for compliance with local laws where they apply.

3.11 As a condition of your use of the Platform, you agree to comply with our Privacy Policy and Cookie Policy.

3.12 As a condition of your use of the Platform, you agree not to:

• misuse or attack our Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
• attempt to gain unauthorized access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform.
• use the Platform to carry out activities that may violate the Game Rules. Each User is obliged to comply with the Game Rules related to the Services received or provided on the Platform.

3.13 The Platform reserves the right to suspend access to the Platform for the Users at its sole discretion.

4. Registration and password security. Data Protection.

4.1 Use of the Platform may require registration.

• How to get registered as a Coach: Terms of Service for Coaches;
• How to get registered as a Customer: Terms of Service for Customers.

4.2 It is prohibited to disclose the game account details to a third party.

4.3 You agree to protect the confidentiality of information used to access your account. You also agree to immediately notify us of unauthorized (carried out by a third party without consent) access to the account, using your email address and password, and/or of any other breach of (suspicion of violating) confidentiality of the email address and password.

4.4 You shall provide genuine, accurate and complete information during registration and maintain it up to date. If you provide false information during registration on the Platform, and/or we have reasonable grounds to believe that the information given or provided by you is false, inaccurate, or incomplete, we have the discretion to block and/or remove the account.

4.5 We may request you to provide confirmation of your personal information (including, but not limited to documents confirming identity and/or any other KYC documentation), specified during registration on the Platform, at our sole discretion at any time. We have the right to access any information placed on the Platform, including any conversation and data in your account, and block or delete an account if you do not provide us with the requested information and/or supporting documents within 7 calendar days from our request.

4.6 You are responsible for making sure that your password and any other account details are kept secure and confidential. To access your account, you must enter the email address and the password selected during registration on the Platform.

4.7 If we have reason to believe that there is a breach of security or misuse of the Platform through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

4.8 Your privacy and personal information are important to us. Any personal information that you provide to us, including as part of the registration process, will be dealt with our Privacy Policy. It explains what personal information we collect from you; how and why we collect, store, use and share such information; your rights in relation to your personal information; how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

4.9 While we try to make sure that the Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform (other than personal data and financial information) is confidential, commercially sensitive or valuable.

5 Prohibited Actions

5.1 Users shall not reverse engineer, decompile, or disassemble any software, prototypes, or other tangible objects of the Platform and/or any game developers, or attempt to do so, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5.2 Users are not allowed to post illegal content such as:

• Illegal activity
• Child Sexual Abuse Material or any content that exploits or harms children
• Generation of hateful, harassing, or violent content
• Content that expresses, incites, or promotes hate based on identity
• Content that intends to harass, threaten, or bully an individual
• Content that promotes or glorifies violence or celebrates the suffering or humiliation of others
• Generation of malware
• Content that attempts to generate code that is designed to disrupt, damage, or gain unauthorized access to a computer system.
• Activity that has high risk of physical harm, including:
  1. Weapons development
  2. Military and warfare
  3. Management or operation of critical infrastructure in energy, transportation, and water
  4. Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders
• Activity that has high risk of economic harm
• Fraudulent or deceptive activity, including:
  1. Scams
  2. Coordinated inauthentic behavior
  3. Plagiarism
  4. Academic dishonesty
  5. Astroturfing, such as fake grassroots support or fake review generation
  6. Disinformation
  7. Spam
  8. Pseudo-pharmaceuticals
• Copyright infringement;
• Actions violating Game Rules such as cheating, account sharing and any similar activities.
• Adult content, adult industries, and dating apps, including:
  1. Content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness)
  2. Erotic chat
  3. Pornography

5.3 When we are notified, we will use reasonable efforts to:

• delete accounts which are being used in an inappropriate manner or in breach of the Agreement and
• identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of requirements of the applicable law. We are not responsible if you have failed to provide us with the relevant information.

5.4 If you believe that any content which is distributed or published by the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately in accordance with clause 15 hereof.

5.5 Each User hereby represents and warrants that they have obtained all necessary third-party copyright, trademark, trade secret or patent licenses and permissions, or any other licenses or permissions required in connection with any personal or proprietary rights of any third party, for any material or information they post on the Platform or authorize Skycoach to display. Each User further represents and warrants that they are solely responsible for ensuring that any material they post on the Platform or authorize Skycoach to display does not, and that the provided or obtained Services do not violate any third-party rights. Each User hereby represents and warrants that they have the right to provide or obtain the Services and to make, accept, post and authorize Skycoach to display Offers and Orders on the Platform, and that such actions do not violate any third-party rights and Game Rules.

6. Ownership, use and intellectual property rights

6.1 The Platform, including its software, design, layout, functionality, databases, trademarks, logos, and all other intellectual property elements of the Platform (excluding User Content as defined and governed under Section 6.3 of the General Terms), are owned by or licensed to Skycoach and are protected by applicable intellectual property laws. We reserve all rights, title, and interest in and to the Platform and related intellectual property rights, including copyrights, trademark rights, database rights, design rights, patents, trade secrets, and other proprietary rights, whether registered or unregistered anywhere in the world.

6.2 Nothing in the Agreement grants You any legal rights in the Platform other than as necessary to access and use the Platform. You agree not to modify, remove, try to circumvent, or otherwise interfere with any notices contained on the Platform (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform.

6.3 Certain content available on or through the Platform is the User Content. Skycoach does not claim ownership of User Content unless expressly stated otherwise. Users retain all rights to their respective User Content, provided that by uploading or publishing User Content on the Platform, the User grants Skycoach a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, publish, and make available such User Content solely for the purposes of operating, maintaining, improving, and providing the Platform and related Services.

6.4 You undertake not to download, publish, store, provide access to, or otherwise distribute any information and/or material available on the Platform in any way that may violate rights of any third party. You represent and warrant that any User Content uploaded, posted, or otherwise provided by You on the Platform does not infringe the intellectual property rights or other rights of any third party and that You own or otherwise have obtained all necessary rights, licenses, permissions, consents, and authorizations from the relevant rights holders to use, upload, publish, and make such User Content available on the Platform and to grant the rights contemplated under the Agreement.

6.5 Skycoach does not actively monitor User Content published on the Platform and shall not be responsible for User Content and, to the maximum extent permitted by applicable law, disclaims liability for infringements of third-party intellectual property rights or other rights committed by Users. If You believe that any content available on the Platform infringes Your rights, please contact us and we will review the relevant claim and take appropriate action where required.

6.6 All trademarks, service marks, trade names, logos, game titles, graphics, software, and other intellectual property not owned by Skycoach are the property of their respective owners. Except for the limited rights expressly granted under the Agreement, Skycoach does not claim any ownership of any intellectual property owned by Users or other third parties and acknowledges that all right, title, and interest in and to such intellectual property shall remain with its respective owners. Nothing in the Agreement shall be construed as transferring or assigning any intellectual property rights to Skycoach except as expressly provided herein. Likewise, nothing in the Agreement or on the Platform shall be construed as granting Users any right, title, license, or other authorization to use any third-party intellectual property except as expressly permitted by the applicable rights holder or under applicable law. Any reference to or use of third-party intellectual property on or through the Platform does not imply any affiliation with, sponsorship by, endorsement by, or ownership by Skycoach.

 

6.7 The User acknowledges and agrees that their access to and use of the Platform, including any Orders, services, content, communications, or interactions with other Users, are undertaken voluntarily and entirely at the User’s own risk. The Company does not guarantee the conduct, performance, quality, safety, legality, or reliability of any User, service, or transaction facilitated through the Platform. The User assumes all risks associated with the use of the Platform and any activities conducted through it. Skycoach is not liable for any harm that may come to Users as a result of their activities on the Platform.

6.8 The User acknowledges that certain third-party advertising, marketing, search, artificial intelligence, or similar technology services may automatically access, process, index, reproduce, display, generate previews of, or otherwise use User Content as part of their standard functionality. Such activities are performed automatically by the relevant third-party services and are outside Skycoach's reasonable control. Accordingly, Skycoach shall not be responsible or liable for any such automated use of User Content by third-party services, provided that Skycoach has not intentionally instructed or authorized such use beyond the normal operation of the relevant services.

7. Accuracy of information and availability of the Platform

7.1 We try to make sure that the Platform is accurate, up-to-date, and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.

7.2 We may suspend or terminate access or operation of the Platform at any time as we see fit.

7.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features and other websites that may be of interest but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform.

7.4 While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be always available or that your use of the Platform will be uninterrupted.

7.5 You acknowledge and agree that Your access to and use of the Platform and the Services is at Your own risk. To the fullest extent permitted by applicable law, Skycoach shall not be liable for any loss, damage, cost, expense, or other harm arising out of or relating to Your use of, or inability to use, the Platform or the Services, except where such liability cannot be excluded or limited under applicable law.

8. Availability of Services

8.1 All Orders are subject to availability. We cannot guarantee that provision of any Order will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in applicable law or circumstances affecting the availability of the Platform, we may need to suspend or discontinue the availability of the Platform. If this happens and it affects your Order, we will notify you by email, cancel your Order and provide you with a refund where applicable.

8.2 Skycoach acts solely as an intermediary between the Customers and the Coaches and does not guarantee the quality, accuracy, completeness, suitability, or outcome of any Order or Services provided by the Coach. To the fullest extent permitted by applicable law, Skycoach shall not be liable for any acts or omissions of the Users, dissatisfaction with, or alleged deficiencies in, an Order or the Services performed by a Coach, except to the extent such liability cannot be excluded or limited under applicable law. 

9. Our responsibility to you

9.1 The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Skycoach makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, uninterrupted operation, or that the Platform will meet User’s requirements or expectations or be free from errors, defects, viruses, or other harmful components.

9.2 To the fullest extent permitted by applicable law, Skycoach shall not be liable for any kind of damages, loss of profits, revenue, business opportunities, goodwill, anticipated savings, data, or other intangible losses, arising out of or in connection with the User’s access to, use of, inability to use, or reliance on the Platform or the Services.

To the fullest extent permitted by applicable law, our total aggregate liability to you arising out of or in connection with the Platform or the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greatest amount paid by You through the Platform during the twelve (12) months immediately preceding the event giving rise to the claim. The existence of more than one claim shall not lead to an increase of this limit.

 

9.3 Without limiting the foregoing, Skycoach operates solely as an online marketplace that facilitates interactions between the Users and does not control, nor shall it be liable for, actions or omissions of a third-party provider or game developer, any account suspension or ban, or any loss imposed by a third-party

9.4 The Users shall indemnify and hold Skycoach harmless from and against any liabilities, losses, damages, costs, and expenses arising from its use of the Skycoach website.

9.5 Nothing in the Agreement excludes, restricts, or limits any liability that could not be excluded, restricted, or limited under applicable law. Any provision of the Agreement that would otherwise exclude or limit liability shall be interpreted and applied only to the maximum extent permitted by applicable law.

 

9.6 We are not liable to you if we fail to comply with the Agreement because of circumstances beyond our reasonable control.

10. No third-party rights. Transfer of rights.

10.1 No one other than us or you have any right to enforce the Agreement.

10.2 By accepting the Agreement you give us consent to transfer our rights and obligations under the Agreement to any third party without prior notice to you.

10.3 You are not allowed to transfer your rights under the Agreement to anyone without our prior written consent.

11. Variation of the Agreement

11.1 No changes to the Agreement are valid or have any effect unless agreed by us in writing.

11.2 We reserve the right to vary the Agreement from time to time. Our updated Agreement will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us.

12. Complaints

12.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us using the contact details mentioned under clause 15 hereof.

13. Disclaimer

13.1 Except where prohibited by law, the part of the Services consisting of technical support of the Platform itself are provided "as-is" and "as available" and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.

13.2 We make no warranty that the part of Services stated above, or the Platform will:

• meet your requirements;
• be available on an uninterrupted, timely, secure, or error-free basis; or
• be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

14. Governing law

14.1 Unless this Agreement includes express language to the contrary, all disputes shall be governed by and construed under the laws of Cyprus, without regard to choose of law principles. You and Deval Ltd agree to submit to the exclusive jurisdiction of the state and federal courts in Cyprus, and you and Deval Ltd consent to venue in and personal jurisdiction before such courts (but without prejudicing either party's rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits.

15. Contact us

15.1 We try to make the Platform as accessible as possible. If you have any difficulties using the Platform or any other questions, please contact us by

• using the service of 24/7 online support in the lower right corner on our website ;
• sending the message on the following e-mail: [email protected] ;
• filling out and submitting the online form available here