General Terms and Conditions

By visiting the Platform, registering on the Platform, 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 allow Customers to find the Coaches to receive the Services. As The Platform functions as a marketplace, Skycoach does not provide any Services by its own or determines the content posted by the Users. 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.
• "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" – the 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.

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. The Platform provides the following functionality so that the Customers could 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 Offers by the Customers;
• ensuring of interaction between the Customers and the Coaches.

3.2. 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.

3.3. We do not provide Services ourselves. All Services offered on the Platform are provided solely by Coaches.

3.4. No sales agency relationship is created between any User and Deval, its affiliates, directors, officers or employees.

3.5. The Platform grants Users with a non-exclusive license which provides access to the Platform's functionality in accordance with the clause 3.1 hereof.

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

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

3.8. 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.

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

3.10. 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.

3.11. 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 your Platform 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 intellectual property rights on the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform are owned by Skycoach Ltd, a company incorporated in the Republic of Cyprus, registration number HE416048, with its registered address at 25 Martiou, 27, D. Michael Tower, office 105A, Egkomi, 2408, Nicosia, Cyprus.

6.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, rights to trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

6.3 Nothing in the Agreement grants you any legal rights in the Platform other than as necessary for your access it. You agree not to adjust, try to circumvent, or delete 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.

6.4 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. We shall not be liable nor undertake any responsibility for any violations of rights of third persons, caused by the disclosure by you of any private information or other information that violates rights of third parties.

6.5 Trademarks. "Skycoach" is the trademark of Skycoach Ltd. Other trademarks and brand names belong to the corresponding owners (World of Warcraft and Blizzard Entertainment are registered trademarks of Blizzard Entertainment Inc., League of Legends and Valorant are registered trademarks of Riot Games, Inc., etc.). We are in no way affiliated or associated with such companies.

6.6 Usage of the trademark "Skycoach" is strictly prohibited unless you have our prior written permission.

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.

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 law, we may need to stop enabling the opportunity of provision of certain Services by the Coaches. If this happens and it affects your Order, we will notify you by email, cancel your order and provide you with a refund.

9. Our responsibility to you

9.1 If we breach the Agreement or are negligent, we are liable to you only for foreseeable loss or damage that you suffer as a result. By "foreseeable" we mean that, at the time the Agreement was formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

9.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

9.3 We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

9.3.1 loss of profits;

9.3.2 loss of sales or business;

9.3.3 loss of agreements or contracts;

9.3.4 loss of use or corruption of software, data, or information;

9.3.5 any indirect or consequential loss.

9.4 Our total liability to you arising under or in connection with the Agreement, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the greatest of amount paid by you on the Platform (if any). The existence of more than one claim will not lead to an increase of this limit.

9.5 Subject to clause 9.1 above, in no event shall we, our officers, directors, employees, or agents (collectively referred to as "Deval Parties") be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of the Services or the Platform.

9.6 Deval Parties' liability to you for any damages arising from or related to this Agreement will always be limited to the greatest of amount paid by you on the Platform (if any). The existence of more than one claim will not lead to an increase of this limit.

9.7 Nothing in the Agreement excludes or limits our liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

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

9.9 You agree that You are obliged to indemnify and hold harmless Skycoach Ltd and its officers, directors, employees and agents from any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Services, any content published by You or your violation of these General Terms, Terms of Service for Customers and/or Terms of Service for Coaches . This indemnity covers any liability or expense arising from claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees.

9.10. All Orders are strictly made between the relevant Coach and the relevant Customer to the full and absolute exclusion of Platform. Platform makes no representation and/or warranty of any kind as to the Services and we shall not be made liable or responsible to you in any manner whatsoever for any costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising from the Order, including without limitation for any negligence, delay, failure, fault and/or breach on the part of the relevant Coach or Customer. The Customer acknowledges that the game or video game developer or publisher may independently implement changes, restrictions, or adjustments to the Customer's game account and its content at any time. Such changes may result in differences between the account state before and after the provision of the Services. The Platform shall not be held liable for any such actions or their consequences, as they are beyond the Platform's control. For the avoidance of doubt, all Services are offered by the relevant third-party Coach and Platform is merely the facilitator of such Services. As such, Platform has no control over the quality, safety, morality or legality of any aspect of the services listed. Platform cannot guarantee that the Customer or the Coach will complete a transaction.

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 these terms and conditions 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 terms

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.

13.3. The Platform is not endorsed by, directly affiliated with, maintained, or sponsored by:

• Activision Publishing or any of its subsidiaries or its affiliates. The official Activision website can be found at: https://www.activision.com/ ;
• Blizzard Entertainment or any of its subsidiaries or its affiliates. The official Blizzard website can be found at: https://www.blizzard.com/ ;
• Bungie or any of its subsidiaries or its affiliates. The official Bungie website can be found at: https://www.bungie.net/7 ;
• Electronic Arts or any of its subsidiaries or its affiliates. The official EA website can be found at: https://www.ea.com/ru-ru ;
• Epic Games Inc. or any of its subsidiaries or its affiliates. The official Epic Games website can be found at: https://store.epicgames.com/ ;
• Riot Games Inc. or any of its subsidiaries or its affiliates. The official Riot Games website can be found at: https://www.riotgames.com/ ;
• Roblox Corporation or any of its subsidiaries or its affiliates. The official Roblox website can be found at: https://www.roblox.com/ ;
• Supercell Oy or any of its subsidiaries or its affiliates. The official Supercell website can be found at: https://supercell.com/ ;
• Take-Two Interactive Software, Inc. or any of its subsidiaries or its affiliates. The official Rockstar website can be found at: https://www.rockstargames.com/ ;
• Or any other game developer, game publisher or video game not explicitly listed here.

The views and opinions expressed by the Platform do not reflect those of anyone officially associated with producing or managing their game franchises. Copyrighted art submitted to or through the Platform remains the intellectual property of the respective copyright holder.

The names World of Warcraft, Overwatch, Hearthstone, Diablo, Fortnite, Clash of Clans, Clash Royale, Brawl Stars, Grand Theft Auto, Red Dead Redemption, RuneScape, Old School RuneScape, and OSRS Gold, Destiny, League of Legends, Valorant and any other game not explicitly listed here, as well as related names, marks, emblems and images are registered trademarks of their respective owners. Use of trademarks is covered by fair use principles under EU Regulation 2017/1001, Article 14.

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