Proplayers Oyun Yazılım Danışmanlık Anonim Şirketi connects gamers with professionals and provides an online platform for the gamers (“Customer(s)”) who wishes to acquire in-game training services, assistance, and gaming related activities or services (“Services”) from experts and professional players (“Professional(s)”) who wishes to offer such Services (Customer(s) and Professional(s) shall be collectively referred to “User(s)”).

This Privacy Policy is intended to be incorporated into the Terms of Service (the “Terms of Services”) and it describes how Proplayers Oyun Yazılım Danışmanlık Anonim Şirketi has its headquarters at Sultan Selim Mah. Hümeyra Sk. Pasha Plaza No:2 İç Kapı No:2 Kağıthane / İstanbul 34415(“GG Clan” or “we”) in order to collect, use, process the personal information (“Personal Information”) of the Users conferred rights related thereto.

This Privacy Policy applies to all of the Services, whether accessed on the website, mobile devices, PCs, social media platforms, several integration programs, or on other platforms and alike. It also applies to the marketing and advertising activities on all platforms and other services that GG Clan may provide or any of the marketing and advertising activities through third party analytics and ad-network services, social media platforms, and similar platforms and systems from time to time.

The User hereby grants and undertakes the collection and processing of his/her Personal Information under the terms and scope of this Privacy Policy.

By using and downloading the Services, User hereby explicitly agrees to and accepts this Privacy Policy. If the User is not willing to agree and accept this Privacy Policy, the User is obliged to cease the use of the Services and delete the Services from his/her equipment.

GG Clan hereby declares and User hereby acknowledges that GG Clan does not sell any Personal Information of the User for any purpose.

Types of the Collected Personal Information and How We Collect It

Personal Information regarding the current, prospective, and former clients, customers, users, visitors, and guests may be collected. The types of Personal Information GG Clan may collect may vary on the Service that the User gets or the relationship between GG Clan and the User.

By using the Services, or sending feedback or conveying information or support requests directly to GG Clan, GG Clan may collect Personal Information about the User. The types of Personal Information GG Clan may collect (directly from the User or from third parties) and the privacy practices vary on the nature of the relationship that the User has and the requirements of applicable law. Please find below which type of Personal Information we collect and the ways of collection.

Information Directly Collected From User

GG Clan’ Services may use a more traditional registration or account set-up process which the User directly provides information:

User first and last name, email address, Customer/Professional username, password, age or birthday, sex, location, languages spoken, platform on which he/she plays (pc, xbox, playstation, etc.), social media account addresses and other information that helps GG Clan to make sure it is the User itself that is accessing the account or helps GG Clan to improve its services.

GG Clan may also require from User to create a Customer/Professional profile, in such cases, the User profile may include below mentioned information:

User first and last name, email address, User identification number and/or username, User profile picture or his/her URL, Customer/Professional ID, location, sex, age range, login e-mail, details about the games the User is related, mobile phone number (if provided by User), locale, language of User application, time zone numbers for User friends who are also connected to the Services.

Information User Generates While Using GG Clan’ Services

Information that User provides GG Clan with when User fills in forms, and/or questions or completes surveys when using any of the Services, when User creates an account with GG Clan, or if User invites his/her friends to use Services; (such as gender, name, date of birthplace, nickname, nationality); the content of messages sent using the chat and messaging systems; posted photos, drawings, or other user-generated content; public posts or comments on other Customers’ profiles.

Please note that GG Clan is entitled to access such records, and/or store archives of these communications, photos, drawings, and other contents generated by the User to satisfy legal compliance and provide the safety of other Users generated content on GG Clan servers to make use of them to protect the safety and well-being of GG Clan’ Users as well as to conduct researches to improve, personalize, and optimize GG Clan’ Services.

Users hereby irrevocably accept and declare that any comments of the Customers on the Services shared with GG Clan through GG Clan’s platform, social media or any other channel may be published and utilized freely by GG Clan.

Information collected when the User makes any purchases

In case of any purchase of items in a Service, a third-party payment processor may collect the billing and financial information such as the User’s postal address, e-mail address, and financial information.

In the case of obtaining Services on connected third-party applications or platforms (like Facebook, Apple, Google, or Amazon), any purchases that the User makes will be processed by that third-party application and subject to that third-party application’s terms of service and privacy policy. For these purchases, GG Clan does not receive any financial information but may receive non-financial information related to the purchases, like the User’s name, approximate physical location, and the items purchased.

Please note that the information that GG Clan collects depends on the Services that the User is provided with.

Information About Users That GG Clan Get From Connected Third-Party Applications, Including Social Networks

If the User gets any Services of GG Clan on connected third-party applications or connects GG Clan’ Services to any third-party applications, including social networks like Facebook, GG Clan may receive certain information about the User from the provider of the third-party application. The information GG Clan receives depends on the Service, the third-party application, and privacy settings. In such case GG Clan may collect the below information;

User first and last name, email address, User identification number and/or user name, User profile picture or his/her URL, User ID, location, sex, age range, login e-mail, user identification number (like Facebook ID number), which may be linked to publicly-available information like name and profile photo; friends’ user ID numbers and other public data; detail about the games User is related, mobile phone number (if provided by User), locale, language of User application, time zone numbers for User friends who are also connected to the Services; User personal comments which may include Personal Information; Personal Information to be published on the fan pages, forums, sites or to be provided via contest; information about User’s activities on or through the connected third-party application;

Cookies and Other Automated Information Collection

GG Clan collects information about User’s devices by using cookies and other similar technologies (e.g., beacons, pixel tags, clear gifs, and device identifiers) to recognize User and/or User device(s) on, off, and across different Services and devices. Users always have the option to opt out from such use and control it where needed.

Protocol (IP) address, cookie identifiers, mobile advertising identifiers, User mobile device’s identifiers like User Identifier For Advertising , Advertising ID, the type of computer or mobile device User is using, User device's operating system, version, model, hardware type and other device identifiers that are automatically assigned to User computer or device when User access the Internet, browser type and language, hardware type, operating system, internet service provider, pages that User visit before and after using the Services, the date and time of User visit, the amount of time User spend on each page, information about the links User click and pages User view within the Services and other actions taken through use of the Services such as preferences; information GG Clan collect via cookies and widgets that allows GG Clan to collect data, such as User device's model, operating system and screen size, IP, preferences and other information about how User use the Services;

domain names;
performance and game contextual data like User games session activity; aggregated and/or de-identified information that is not intended to specifically identify a user; and
technical information such as device identifier, details about how the User uses and interacts with the Services (for example, information about how and when the User visits the websites(s), information that User provides GG Clan when User fills in forms, and/or questions or completes surveys when using any of the Services, when User creates an account with GG Clan, or if User invites his/her friends to use the Services; (such as gender, name, date of birthplace, nickname, nationality etc.) User interactions with GG Clan on the social media channels; the name User has associated with its device; country; telephone number (if User provides it); specific geolocation (with User’s permission); mobile contacts; and/or information about the GG Clan’ Services and other third-party apps on User’s device. (if GG Clan Services obtained via mobile device)

Other Sources

information that GG Clan collects about User from the other group companies or other third-party companies who have obtained User’s consent or have another legal right to share such information with GG Clan (including publishing partners, platforms, advertising platforms, and partners and data aggregators who have obtained it). This may include attributes about the User and User interests, as well as other Services that the User uses, demographic, and general location information.

The Purposes of Collecting and Processing Personal Information

The primary goal of processing Personal Information is to provide a better gaming experience, improve the Services, conduct marketing and research activities, and create reports for internal use. The Personal Information may be stored anywhere in the world either physically or electronically.

Personal Information may be collected and processed for below-mentioned purposes;

the managing the account and relationship with GG Clan and improving the experience during the use of the Services; research, surveying, and engaging with User, for example by sending communications (including by email); to enable Users to interact and communicate with each other; marketing and promotion of Services, to create reports, analyses, or similar services for use by GG Clan; business intelligence, preventing cheating, crime, or fraud; to deliver advertising marketing and promotional information to User; to notify User about products and Services or upcoming special offers/events that the User may be interest; to operate, improve, and optimize the Services; to create accounts and allow Users to personalize the Services, understand the Users and their preferences to enhance user experience and enjoyment using the Services; to send related information, including confirmations, technical notices, updates, security alerts, and support and administrative messages; to enable Customers to communicate with each other in GG Clan’s platforms or on social media accounts; to prevent potentially prohibited or illegal activities and protect the Users; to ensure internal quality control; to provide technical support and respond to User inquiries; to provide services via mobile devices; for third party payment requirements; for serving cookies, pixel tags, analytics information, and interest-based or targeted advertising; to comply with GG Clan’ legal obligations, resolve any dispute that GG Clan may come across, and protect the rights of GG Clan.

The User accepts, acknowledges, and promises that his / her Personal Information might be used in a limited manner by the GG Clan to the extent that it is limited to the format and purposes outlined in this Privacy Policy.

In case the Services include additional links and references to third-party sites, services, and other domains. Such third-party providers can use advertising identifiers, cookies, web beacons, and other tracking technologies to collect or receive information about the User. Statements of GG Clan under this Privacy Policy do not apply to the features, technologies, or practices of such third parties. User acknowledges that GG Clan is not liable for the compliance of such third parties to the protection of the Personal Information. GG Clan shall under no case be held liable for the content of such sites and services.

The Legal Grounds of Processing Personal Information

The legal grounds that GG Clan relies upon while processing Personal Information of User are the following:

Explicit consent and/or request of User,
Being necessary for the establishment and execution of an agreement (the Terms and Conditions regarding receiving the Services by the User), Being necessary for GG Clan to fulfill its legal obligations as a data controller, Without prejudice to User’s fundamental rights and freedoms, being compulsory for GG Clan’ statutory interests.

In data processing activities where Personal Information of User is processed based on the explicit consent, User has the right to withdraw its consent at any time.

GG Clan’ statutory interest in processing the User’s device and usage data is to provide better service to the User, to make suggestions, to improve its services, to improve and update Services, to facilitate the use of Services at the works related to User’s interest and preferences, within the framework of legal legislation.

GG Clan undertakes to keep User’s data and any confidential information strictly private and confidential, without prejudice to the contents hereof, to regard it as an obligation to keep confidentiality, to take all measures and act in due diligence to prevent all or any part of User’s information from entering into the public domain or be subject to unauthorized use, or to take measures to prevent the confidential information from disclosure to any third party. If, despite all necessary data security measures taken by GG Clan, the confidential information is damaged because of attacks on the system or captured by third parties, GG Clan shall have no responsibility in that respect.

GG Clan shall not be responsible for damages caused by using information that User discloses in comments or messages given by third parties in public areas. If User shares its name, password, etc. used by User when creating the membership record with third parties, GG Clan shall not be responsible for any damages that may arise from the information shared with third parties.

Using and Sharing Personal Information

The Personal Information shared by the User shall in no case be used for the interest of other third parties either directly or indirectly and shall be disclosed except as provided below. Please note that GG Clan may share User's Personal Information to provide the Services with Third-party Service Providers; to comply with legal obligations; to protect and defend its rights and property or with User’s consent.

Service Providers

We may share the information we receive from the User with Service Providers. The types of Service Providers (processors) to whom we entrust Personal Information include Service Providers for (i) provision of IT and related services; (ii) provision of information and services the User has requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Services. GG Clan may also share information with platform partners for SDK Advertising and S2K Tag Advertising with AdColony, Inc., Admob, Inc., AppLovin Limited, Chartboost, Inc., Pubnative GmbH, Inmobi Pte. Ltd., ironSource Mobile Ltd. Mo pub Inc. Tapjoy, Inc. Unity Ads Vungle, Inc., Facebook Analytics for Apps (Facebook, Inc.), Google Analytics for Firebase (Google Inc.), Google Analytics (Google Inc.), Amazon Web Services (AWS) and Adjust GmbH. In order to provide safety to User’s Personal Information, GG Clan takes reasonable precautions information (as required by applicable data protection laws) while sharing such information with such Service Providers.

Displaying to Friends and Other Users

The Services encourage Customers to interact with each other if User accesses the Services. If Users link their social media on their profiles, other Users will be able to access such profiles.

In addition, in Services offered by GG Clan, other Customers, regardless of whether they are User’s social network friends, will be able to see User’s customer profile (what they write about themselves); view descriptions of User’s activity; communicate with User within the Services; send User’s friend requests, and talk via chat bot (Discord channel) through Services.

Marketing - Interest-based or Targeted Advertising and Third-party Marketing

In order to carry out advertising tools GG Clan may share, or such third-party provider may directly collect below Personal Information within Services:

performance data (like the number of clicks on an advertisement); certain technical information (for example, IP addresses, non-persistent device identifiers such as Advertising ID and de-identified persistent device identifiers such as a hashed Android ID); User’s social network ID; other contextual data about the User’s use of Services (for example, a game’s level and session length); and pseudonymous data, not directly identifying information (e.g., OS name and versions, device models, time stamp). In addition to serving Users with relevant ads, the information collected may be used to: calculate the effectiveness of the ads offer User targeted advertising (both on and off the Services) in order to personalize User experience by showing advertisements for products and services that are more likely to appeal by User (a practice known as interest-based advertising or behavioral advertising); and/or undertake web analytics to analyses traffic and another Customer activity to improve User’s experience.

Disclosures to Protect GG Clan or Others (i.e., as Required by Law and Similar Disclosures).

Personal Information may be used accessed, preserve, and disclosed if GG Clan believe doing so is required or appropriate:

To satisfy and comply with applicable laws or regulations To fulfil to lawful requests by public authorities, including for national security, law enforcement, or legal process purposes (for example, a court order, search warrant, or subpoena); To prevent illegal activities such as committing a crime, including to report such criminal activity or to share information with other companies and organizations for the purposes of fraud protection, credit risk reduction, and other security precautions which are carried out via using Services. Occurrence of emergency situation that poses a threat to the health and/or safety of the User, another person, or the public generally.

Merger, Sale, or Other Asset Transfers.

If GG Clan engages in a merger, acquisition, financing, due diligence, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, then User’s Personal Information may be disclosed or transferred as part of such a transaction as permitted by law and/or contract to the successor organization or competent body. In such case, GG Clan will show its best efforts to procure that the manners of such successors are compliant with this Privacy Policy.

Transfer Abroad of Personal Information

Services provided by GG Clan are global by nature and Personal Information can therefore be transferred to anywhere in the world. Since different countries may have different data protection laws than User’s residential country, GG Clan takes steps to ensure adequate safeguards are in place to protect Personal Information as explained in this Privacy Policy. Since each country has its own jurisdiction, the privacy laws applicable to the places where Personal Information is transferred to or stored, used, or processed in, may be different from the privacy laws applicable to the place where User is resident. GG Clan undertakes to comply with its legal obligations under the applicable law where such Personal Information is transferred and where User is located and ensure that Personal Information is subject to suitable safeguards or transferred to secure territories.

As part of the Services, GG Clan may transfer several Personal Information abroad to its business partners and service providers from time to time for the legitimate business purposes.

GG Clan stores Personal Information about Users and visitors to the sites on servers located in Frankfurt. and GG Clan may also store this Personal Information on servers and equipment in other countries and may change such location from time to time. Personal information collected in the European Countries may be transferred to, and stored at, a destination outside of the European Countries. The data we hold may also be processed by employees operating outside of the European Countries who work for us, or one of its business partners or service providers. This staff may be engaged in, among other things, (i) the processing of transactions and User’s payment details, or (ii) the provision of support services. If GG Clan transfers User’s Personal Information internationally, GG Clan will take reasonable steps to ensure that Personal Information is treated securely, lawfully, and in accordance with this Policy.

User Rights

Users have certain rights in connection with Personal Information and how GG Clan handles it. User can exercise these rights at any time by contacting us. In that vein, regardless of where User is located (applicable for European Union and Switzerland as well) User is entitled and have right to:

access and require information regarding the types of personal information of Users is processed and to ask detailed information, learn the purpose of Personal Information processing and whether such Personal Information are used for such purpose, know the parties to which such Personal Information is transferred within the country or abroad, ask the correction of Personal Information in order to be true actual and updated, demand the deletion of User’s Personal Information, object to the processing of Personal Information about himself/herself, which is processed on the grounds of legitimate interests, opt-out of marketing communications, demand from GG Clan to inform other third parties regarding the correction, deletion destruction of such Personal Information, object the results against to User which occurred through analyze of such Personal Information via exclusively automatic systems, to withdraw its consent at any time, in case of processing Personal Information with User’s request, demand compensation in case of any damages due to the processing of Personal Information in violation of applicable law, request a restriction of the processing of User Personal Information, such as when User is disputing the accuracy of User data held by GG Clan, request data portability, object to the occurrence of an adverse consequence by analyzing the processed data exclusively through automated systems, and lodge a complaint with the relevant data protection authority and claim damages in case of impairment because User’s Personal Information is processed in violation of the relevant legal legislation.

To exercise User rights to access or deletion, please submit a request through contact details stated below. GG Clan shall finalize the requests of the User in reasonable time in accordance with the applicable data protection laws and manner and no later than 30 (thirty) days. If the use of right by the User requires additional cost, then GG Clan may be entitled to demand such costs from User.

For the use of rights conferred to User, User may also be required to take additional steps, such as deletion of Services or, suspension of User’ Accounts or the connection with several application or social network. For the use of the rights by User, GG Clan may demand from the User the verification of its identity.

Accessing and Deleting Personal Information Held by GG Clan

Users can request a copy of or deletion of their account data by contacting us. To review and update personal information associated with the User profile, visit the “settings” page. For deletion requests, GG Clan will take reasonable measures to delete Personal Information from GG Clan’ records. GG Clan will keep certain records (e.g., personal information relating to payments or customer service matters) for legitimate purposes.

Managing Personal Information GG Clan Receives from Third-Party Applications / Platforms And From User’s Mobile Device

To manage the information GG Clan receives from third-party applications or platforms and from User’s mobile device, User can use the tools and settings provided by the third-party application and its own mobile device.

In order to manage the information that GG Clan collects from third party applications, User has to follow the instructions of such third parties to update and changes the privacy settings.

User can manage many aspects of the collection and use from its mobile device by visiting the “settings” page of its mobile device or web browser. Such procedures may vary depending on the device and the browser.

If GG Clan receives Personal Information from a third-party application / platform or User’s mobile device, that information is stored and used by GG Clan in accordance with this Privacy Policy.

Opt-Out

Opting out GG Clan Notifications

User may opt out in any time in accordance with his/her sole discretion, clicking on the opt out link provided in all marketing mailings, by turning off notifications from the website or mobile device or SNS settings or by sending an e-mail to [email protected] without incurring any costs.

If User wants to stop receiving promotional e-mails from GG Clan, User may click on the “unsubscribe” link at the bottom of any promotional email from GG Clan.

Please note that if User opt ins or out of receiving marketing communications from GG Clan, GG Clan may still communicate with User from time to time that GG Clan needs provide User with information about the Service that User using, if GG Clan needs to request information from User with respect to a transaction initiated by User, or for other legitimate non-marketing reasons.

If User wants to stop receiving push notifications, which are messages an app sends User via the website or mobile device even when the app is not on, User can turn off push notifications by visiting website’s or his/her mobile device’s “Settings”. The Services also offers the ability to turn off push notifications in the “Settings” section of related Services.

Opting Out of Third-Party Behavioral Advertising

For the notification by personalized advertising from third-party partners, User can opt in or opt out of third-party customized advertising through the device Settings and other third-party opt-in or opt-out tools. If User does not want to receive tailored in-application advertisements from third parties that relate to website or his/her interests on his/her mobile device, User may adjust the ad tracking settings on his/her device (such as turning on Limit Ad Tracking). User can also reset the “Advertising Identifier” (such as an IDFA) from website or User’s mobile device’s settings which will prevent continued use of existing behavioral data tied to User’s previous “Advertising Identifier.” Further, depending on the platform provider (such as Apple or Google), User may be able to download apps that offer to provide User with control regarding the collection and use of cross-app data for tailored advertising. All of the opt-in or opt-out tools described in this provision are provided by third parties, not by GG Clan. GG Clan does not control or operate these tools or the choices that advertisers and others provide through these tools.

Protection and Retention of Personal Information

In order to help ensure a secure and safe experience, GG Clan is continuously developing and implementing administrative, technical and physical security measures to protect the Personal Information from unauthorized access or against loss, misuse or alteration. The Personal Information that User provide to GG Clan is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure industry-standard security of such information, such as firewalls and data encryption.

If User has an account registered directly with GG Clan, the credential of such account is protected by the password created by the User itself. The protection of the password is on the shoulders of the User and user itself is liable for the unauthorized use of such password. User must not share such password and credentials and has to keep its social network account information, including its social network account password, secure as well.

GG Clan retains Personal Information as long as the account is active or as needed to provide User the Service. GG Clan will take reasonable measures to delete Personal Information if User deletes its account. However, User acknowledges that GG Clan may retain some information even after if User closes, has deleted, its account as necessary for legitimate business interests, such as to comply with legal obligations, resolve disputes.

The Personal Information is protected by protocols and procedures designed to ensure industry-standard security of such information, such as firewalls and data encryption. Yet GG Clan cannot ensure or warrant the security of any information that User transmits to GG Clan or through the Services.

Policies with respect to Children

Generally speaking, our Services are not intended for children under the age of 18 (collectively, “Children”). Children are not permitted to use these Services if parental consent does not exist, and we do not knowingly collect any personal information from Children. Children who want to use the Services need to send an e-mail explaining their request to [email protected] with a parent and ask for consent. More details are on the FAQ (frequently asked questions) page.

Revisions and Updates

This Privacy Policy may be revised, amended, or promulgated upon the sole discretion of GG Clan. The latest version shall apply in each case. In order to be effective, GG Clan does not need to notify User and such amendments shall become effective as of the publication date. Continuing the use of the Services shall be deemed as an acceptance to such revised terms.

Contact

If User have any questions and demands about the privacy practices or this Privacy Policy, User should contact GG Clan’ data protection officer by email at [email protected]. GG Clan will be at User’s disposal in a timely and urgent manner.

GG Clan shall respond to requests to know and requests to delete within 30 days. The 30-day period will begin on the day that the GG Clan receives verifiable the request.

Proplayers Oyun Yazılım Danışmanlık Anonim Şirketi

PARTIES

The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between the Customer (as defined below) and GG Clan LTD. (“GG Clan” or “Company”) regarding the use of online platform located at ggclan.com (“WebSite”) including applications owned or operated by the Company and services and products and applications of the Company that are accessible through the WebSite (collectively the “Platform”). These terms also apply to any other services that GG Clan may provide in relation to the Platform to the Customer.

GG Clan and the Customer hereinafter shall each be referred to as Party and jointly as Parties.

These Terms of Services constitute legal agreement and contain important information about the rights and obligations of the Parties. If Customer wishes to receive Services (as defined below) on the Platform, Customer must read and agree to be bound by these Terms of Services. Please see our privacy policy available at ggclan.com/privacy-policy (“Privacy Policy”) which shall be deemed additional terms of these Terms of Services. If you do not accept these Terms of Services in full, you are not authorized to receive Services on the Platform and you are not eligible to receive any benefits from any Services.

By clicking to accept the Terms of Services, the Customer agrees to the Agreement, our Privacy Policy, and any additional programs and is deemed to have executed the Agreement effective on the date the Customer clicks to accept these Terms of Services. In addition to these Terms of Services, any existing rules of the Platform shall also apply.

SCOPE AND TERMS OF SERVICES

GG Clan connects gamers with professionals and provides an online platform for the gamers (“Customer(s)” or “you”) who wishes to acquire in-game training services and assistance and gaming related activities or services (“Services”) from experts and professional players (“Professional(s)”) who wishes to offer such Services in our Company.

There are two types of Services to be provided by Professionals to the Customers, details of which are shown in Annex 1.

Subject to complete and ongoing compliance with these Terms of Services of Customer, GG Clan grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform. GG Clan may revoke this license at any time, in its sole discretion. Upon such revocation, the Customer must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with this Agreement or otherwise.

The Customer represents and warrants that he/she (i) has full authority to enter into this Agreement and perform his/her obligations hereunder, (ii) is not a party to an agreement or will not enter into any agreement that would prevent the Customer from complying with this Agreement and (iii) shall comply with all applicable laws and regulations regarding his/her performance of this Agreement.

GG Clan continuously updates, changes, and develops the Platform and any part of these Terms of Services at its own discretion. GG Clan retains the right to cease the Platform when it is required. GG Clan will provide reasonable notice before any amendment to these Terms of Services that includes material changes to these Terms of Services. A Customer’s continued use of the Platform following GG Clan updates these Terms of Services will constitute acceptance of the amended Terms of Services. GG Clan also reserves the right to change or discontinue any aspect or feature of the Platform. If any future update to these terms requires any action from the Customer to comply with updates, access to the Platform may be suspended until such action is done.

The Customer is liable for ensuring that his/her own software and hardware is suitable and up to date. The Company shall not be liable for any losses and/or damages arising in connection with any software to be uploaded by the Customer while receiving Services.

The Platform is available for use only by authorized users in accordance with the terms and conditions set forth in this Agreement.

Other than receiving Services by the Customers, the use of the Platform for business or commercial purposes is strictly prohibited. The Customers shall not sell, copy, exchange, transfer, publish, assign, make available to the public, copy, or otherwise distribute anything that Customers obtain or derive from the Platform.

The Customer agrees and accepts that if the Customer believes a customer has violated these Terms of Services, the Customer will notify GG Clan regarding such violation.

Mobile Software:

GG Clan may make available Platform for access via a mobile device (“Mobile Platform”). In order to use the Mobile Platform, the Customer must have a mobile device that is compatible with the services provided by GG Clan. GG Clan does not guarantee that the Mobile Platform will be compatible with your device.

Feedback and Ratings:

Customers may leave Feedback or Review (as defined below) about the Professionals with whom they have transacted and may express their opinions publicly through the Feedback and rating system provided by GG Clan. Customers accept, declare, and undertake that they are personally and completely responsible for all Feedback they leave on the Platform. GG Clan is not legally responsible for any Feedback or comments posted or made available by any Professional, Customer, or third party.

Any feedback, comments, questions, or suggestions (collectively, "Feedback" or “Review”) Customer may provide regarding the Platform is entirely voluntary and GG Clan will be free to use such Feedback without any obligation to Customer. By sending GG Clan Feedback, Customer further (i) agrees that GG Clan is under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledges that GG Clan may have something similar to the Feedback already under consideration or in development; (iii) grants GG Clan an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waives, and causes to be waived, against GG Clan and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback will survive any termination of Customer’s Account or the Platform. GG Clan may freely delete or remove any Feedback or Review from the Platform in its own discretion.

Provision of Services:

Customers’ requests for the Services may appear to Professional via the Platform. The Professional has the option to accept or decline Customers’ request via the Platform within 36 hours. If the Professional accepts Customers’ request for the Services within 36 hours, GG Clan will provide Professional with information about the Customer (i.e. location, server, gaming platform) and Customer contact information for the Customers’ preferred communication services such as game name, discord id (“Communication Service”). Once the Professional has accepted a Customer’s request, the Customer (i) shall not contact the Professional outside of the Platform, (ii) use the Platform to receive Service. If the Professional shall not respond to the Customer’s request within 36 hours, the Customer shall have the right to cancel the Services for the in-game training sessions and shall have the right to receive a refund of the relevant portion of the Service Fee.

The manner and means of performing the Services shall be determined by the Professional solely.

The Customer agrees not to and will not assist, encourage or enable others to use the Platform to: (i) violate any third party’s right, (ii) threaten, harm or harass others, (iii) violate the Terms of Services and any applicable law, (iv) send bulk emails, surveys or other mass messaging or otherwise attempt to manipulate the GG Clan’s search results, (v) reverse engineer any portion of the Platform, reformat or frame any portion of the Platform, (vi) attempt to gain unauthorized access to the Platform, user accounts, computer systems or networks connected to the Platform, (vii) use the Platform or any Content to transmit any viruses, (viii) utilize the access to the Platform for any unfair advantage or cheating in any games or in violation of any applicable terms of use of any such game and (ix) advertise to any user of the Platform to buy or sell any products or services.

Customer does not advertise any third-party service, platform, software, or application in the Platform.

Customers are expected to comply with the following policies when receiving Services: (i) commit to the scheduled Service session, and (ii) participate in the Service session on time and end the Service session on time.

If the Customer is unable to receive the Services at the time previously agreed with the Professional, Customer agrees to (i) immediately inform the Professional with an explanation and (ii) immediately inform GG Clan at [email protected]. If Customer is unable to inform the Professional in advance due to an emergency, Customer is required to give an explanation to the Professional as soon as possible. Following obtaining consent from the Professional, the Customer may cancel or reschedule any scheduled Services Session at any time that is more than 24 hours before such session is scheduled to start. No Professional service session may be canceled or rescheduled by a Professional or the Customer within 24 hours of the start time for such Professional Service except in the rare case of true emergencies. If the Professional service session is cancelled or rescheduled by the Customer within 24 hours of the start time for such Professional service, the Customer shall pay 50% of the relevant portion of the Service Fee for the session.

The Professional shall be solely responsible for determining the most effective and efficient manner to perform each instance of Services and shall provide all necessary equipment and materials at its own expense necessary for providing Services.

Recording of the Services:

The Customer agrees that the Professional is obliged to record Service sessions. All records of the Services sessions are confidential information and are available only to GG Clan if there is a dispute between the Professional and any user of the Platform. The Professional shall not stream the record publicly, but the Customer acknowledges and agrees that any lessons or interactions taking place on the Platform may be live streamed for public viewing.

GG Clan also may monitor, record, and retain the interactions between and among Customers, Professionals, and automated chatbots on the Platform (“Sessions”), including any audio, video, or text. Customer hereby consents to: (i) the monitoring, recording, and retention of any Session Customer engages in, which may include Customer’s voice, image, and communications (“Recordings”); (ii) GG Clan storing and making use of such Recordings for its own internal business purposes, including without limitation for purposes of Professional evaluation, Professional training, dispute resolution, and improving the Platform and services available through it; (iii) such Recordings being made available to the parties in a Recording (e.g., Customers and Professionals) and their legal guardians (e.g., parents of a minor Customer); (v) such Recordings being used or disclosed by GG Clan to the extent required by law or legal process or to the extent GG Clan deems necessary for purposes of enforcing or protecting its rights or the rights of a third party; and (vi) as Customer otherwise agrees.

Customer hereby waives any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent GG Clan from using Recordings for the limited purposes set forth in this section or as Customer otherwise agrees and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license under any intellectual property rights Customer may have in or to any Recording or content therein to GG Clan to copy, modify, distribute and use such Recording and content for its business purposes as set forth hereunder or as required by law or legal process. Notwithstanding the foregoing, Customer may have certain choices with respect to access to or our retention of Recordings as set forth in our Privacy Policy.

The Customer agrees not to record, copy, redistribute, broadcast, publicly perform or publicly display any Session, except as allowed by this Agreement. To the extent Recordings are made available to Customer by GG Clan, Customer agrees to use them solely for Customer’s personal use and not for further distribution or publication.

GG Clan may create, facilitate, or display advertisements whereby Customer’s name, profile, photo and other data about the Customer or provided by the Customer may be used to advertise the product and services of GG Clan based on the use of Platform and interactions with the Platform of the Customer.

To the extent that Customer receives personal information of a user (including data of Professional and other Customer) via the Platform, Customer may use that information only for the limited and intended purpose for which it was provided subject to these Terms of Services. The Customer shall not use any user’s data for any purpose other than receiving Services. The customer maintains the privacy of users including refraining from requesting any personally identifiable information, maintains the privacy of his/her personal information, cooperates with GG Clan in any anti-fraud actions and in resolving any disputes, and reports any violation of Terms of Services or any other policy.

ACCESS AND USE OF THE PLATFORM

Customer must comply with the laws to be applied in the location where the Services are offered. If any laws applicable to the Customer restrict or prohibit Customer from receiving the Services, Customer must comply with those legal restrictions or, if applicable, stop receiving the Services.

The Customer undertakes that all the information provided to GG Clan while receiving the Services shall remain true, accurate and complete at all times.

The Customer is responsible for the internet connection and/or mobile charges that it may incur for receiving the Services.

The Customer accepts that the access and usage of the Platform and provision of the Services by the Professional may deactivate or be restricted by GG Clan at any time in its sole discretion.

There may be times when Platform or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

Customer agrees and acknowledges that under no circumstance he/she will not:

use the Platform contrary to this Agreement or as in violation of any applicable law; use Platform to harm anyone or to cause offense or to harass any person; engage in any act that GG Clan deems to conflict with the spirit or intent of the Platform; disguise, anonymize, or hide the IP address or the source of any Content that Customer may upload; use the Platform for any commercial or business purpose or the benefit of any third party or to send unsolicited communications; interfere with or disrupt the Platform servers or networks; attempt to decompile, reverse engineer, disassemble or hack any of the Platform, or to disable or defeat any of the codification and security measures; and 'harvest', 'scrape', or collect any information about or regarding other people that use the Platform, including, but not limited to any personal data or information.

CUSTOMER REGISTRATION AND ACCOUNTS

The Customer represents and warrants that (i) he/she is at least 18 years old, (ii) profile information that the Customer provides is true and accurate and updated and (iii) he/she use the Account to receive Services.

In order to use the Platform and receive Services, Customer may be required to set up an individual account (“Account”) via the WebSite and provide certain information such as name, e-mail and other information as determined by GG Clan. In addition, the Customers may also reach the Platform by connecting their g-mail and/or discord accounts automatically.

The Customer agrees that any and all information provided by himself/herself to GG Clan is accurate and he/she keeps it accurate and up to date. The data collected with respect to the Customer will be processed by GG Clan in accordance with Privacy Policy.

The log-in detail such as password and usernames shall be under the control of Customer. The Customer is solely responsible for maintaining confidentiality of his/her account and password and all activities that occur under the Account. GG Clan assumes that anyone logging into the Account using log in detail is Customer. If Customer fails to keep the login details secretly, or if it shares login details or account with someone else (whether intentionally or unintentionally), Customer accepts full responsibility for the consequences of this (including any unauthorized purchases) and agrees to fully compensate GG Clan for any losses or harm that may result.

In case of unauthorized access to the log in detail or the Account or any suspicion related thereto, the Customer shall promptly notify GG Clan. In this case or if GG Clan has concrete evidence of data misuse, GG Clan has the right to temporarily block access to the Account.

GG Clan will not be liable to the Customer for any loss that the Customer suffers because of an unauthorized person accessing the Account whether fraudulently or otherwise.

The Customer acknowledges and agrees that no ownership or other property interest in any Account that it creates using any of the Platform are granted to the Customer.

Customer shall not create an Account or access the Platform if he/she is under the age of 18. GG Clan does not accept any responsibility for any unauthorized use of the Platform by minors.

GG Clan is entitled to suspend, terminate, modify, or delete any of the Account upon its sole discretion if any information the Customer provided on any form or posted through the Platform is not true, accurate or complete or such information violates the Terms of Services.

Customer’s Account is personal and Customer is not entitled to transfer its Account to any other person.

Customer shall not;

use another person or entity’s email address in order to sign up to use Platform; sell, rent or give away the Account, create an Account using a false identity or information, or on behalf of someone other than oneself; create more than one Account for the Platform.

OWNERSHIP AND CONTENT

All rights, title and interest in and to the Platform and Platform content including, without limitation, titles, computer code, software, mobile applications, themes, objects, graphics, characters, concepts, artwork, designs, products, animations, sounds, musical compositions, documentation, visual interfaces, methods of operation, moral rights, virtual items, user review ratings and all other components and any other content posted on the Platform (“Content”) are owned solely by GG Clan and are protected by applicable intellectual property rights. GG Clan reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with the Platform and Content.

Notwithstanding any provision to the contrary herein, the Customer also acknowledges and agrees that the Customer has no right or title in or to any content that appears in the Platform, including without limitation the virtual items or any other attributes associated with an Account or stored on the Platform.

The Platform may include contents which may be subject to proprietary rights of other parties. Customer shall not edit, copy, distribute, publicly reproduce, reverse-engineer, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives, use for advertising purposes, or use beyond the contractually agreed purposes any the Platform.

The Customer is obliged to abstain from any an act causing unproper functioning of the Platform, any individual service and/or offers. The Customer is also required to abstain from any measure which may allow unauthorized access to data.

Customer disclaims all proprietary interests in its intellectual property rights other than its own.

References to third-party services and software are given by GG Clan "AS IS," without warranty of any kind, either expressed or implied.

“Customer Content” means any communications, images and sounds and all the material, data and information that the Customer uploads or transmits through the Platform, or that other users upload or transmit to the Customer, including, without limitation, any forum postings and/or chat text. The Customer hereby grants to GG Clan and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, royalty free and paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, incorporate into advertisements and other works, promote, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such Customer Content as well as all modified and derivative works thereof, without compensation to the Customer. The Customer agrees that the Customer Content may be treated as non-confidential and may not be returned.

Customer agrees not to upload, communicate, transmit or otherwise make available any Customer Content:

that is or could reasonably be deemed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; that is or could reasonably be viewed as infringing of another's privacy and publicity; that could be deemed against fundamental human rights; which infringes any intellectual property right or other proprietary right of others; which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or which results in harming functionality of any computer software or hardware or telecommunications equipment in any manner.

The Customer is responsible for the Customer Content alone, and once published, it cannot always be withdrawn. The Customer assumes all risks associated with the Customer Content. The Customer may not imply that the Customer Content is in any way sponsored or endorsed by GG Clan.

The Customer agrees that he/she will not use his/her access to the Platform to collect Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent.

The Customer further agrees that his/her relationship with GG Clan is not confidential.

When the Customer submits the Customer Content to GG Clan, the Customer grants authorization and permission to use the Customer Content to any GG Clan employee or contractor, GG Clan’s affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by GG Clan as well.

GG Clan may edit any of the Customer Content that the Customer submits without the Customer’s permission before making it available to third parties if deemed necessary.

GG Clan may store or distribute to third parties recordings of sessions in which the Customer participates. The Customer acknowledges and agrees that any lessons or interactions taking place on the Platform may be live streamed for public viewing. The Customer accepts that GG Clan may use the Customer Content including the Customer’s screen name, Account information, or other information provided by the Customer and collect data about the Services or interactions.

GG Clan reserves the right to change the format, sizing and any other display specifications of the Customer Content as it seems necessary. GG Clan may but are not obliged to review the Customer Content before posting.

The Customer is responsible for the Customer Content, any material or information Customer transmits to the Professional or another user of the Platform and for his/her interactions with other users of the Platform.

GG Clan reserves the right to limit the availability to the Platform to any person, geographic area or jurisdiction at any time and in its sole discretion, and GG Clan may limit the quantities of any such Content.

FEES

The Customer may receive Services from GG Clan by (i) subscribing to the Services and pay the relevant service fee (“Service Fee”) via App Store, Google Play Store, or another relevant application store that he/she uses (“Subscription Plan”) or (ii) purchasing only relevant single course/lesson without subscribing.

All and any payment processing services for Customers on the Platform are provided by Stripe Inc (“Stripe”) and are subject to the terms and conditions, policies and services agreement of Stripe ("Stripe Service Agreement”). GG Clan is not responsible for the services and performance of Stripe. By agreeing to these Terms of Services, the Customers acknowledge and agree to be bound by the Stripe Service Agreement, as the same may be modified by Stripe time to time. As a condition of GG Clan enabling payment processing services through Stripe, you agree to provide GG Clan accurate and complete information, and authorize GG Clan to share it and transaction information related to your use of the payment processing services provided by Stripe.

The Customer accepts that if the Customer continues to receive Services for more than the Service duration corresponding to the Service Fee amount paid, GG Clan shall have right to charge the Customer extra Service Fee amount automatically corresponding to the duration of Service received without prior payment by the Customer.

Subscription: By signing up for a Subscription Plan, you agree to accept charges to your payment account(s) on a recurring and auto-renewing basis. You will be charged the first recurring payment on the date of the registration for the Subscription Plan and will be charged on a recurring basis as long as your Subscription Plan is active (including through auto-renewals) and until it ends (for example, by cancellation or termination). Your account (in the App Store, Google Play Store, or another relevant application) will include information on the payment date for your Subscription Plan. In some cases, your payment date may change, for example, to accommodate months with different numbers of days. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Platform until we receive payment. If you cancel your Subscription Plan, it will end at the end of the current subscription period without renewing. If you would like your Subscription Plan to end before the end of your subscription period, you will be required to pay the difference between our non-discounted monthly rate and our discounted monthly rate for each month in the subscription period before your cancellation is effective. Early cancellation requests are granted at GG Clan’s sole discretion.

Subscription Plans and other Services purchased in connection with the Platform are non-refundable and non-creditable. However, if the Customer has a claim related to the Services received, the Customer may contact GG Clan customer service (via chatbot or email) with a detailed description of the problem encountered, a justifiable complaint about the Service received and a request for a refund of the Service Fee paid. In case the Professional has recorded the relevant part of the Service/session, GG Clan reviews the record and notifies the Customer regarding its decision concerning the refund. If the Professional has not recorded the relevant part of the Service/session, the Customer shall be automatically refunded.

If you believe you have been mistakenly charged, please contact GG Clan’s support team through chat bot, Discord or [email protected]. Refund requests must be received within thirty (30) days of the erroneous charge.

GG Clan reserves the right to change the Service Fee at any time upon notice to the Customer. The Customer’s continued use of the Services following any change in the Calculation shall be deemed consent of the Customer to the change. GG Clan also has the right to adjust or cancel the Service Fee for a particular Service session in a reasonable manner.

CONSEQUENCES OF A BREACH LIABILITIES

GG Clan is not liable for damages resulting from a Customer’s breach of its obligations and liabilities.

Regardless of any additional legal or contractual rights, it is at the reasonable discretion of GG Clan to take the following actions against any Customer violating the applicable law, third party rights, these Terms of Services, or any respective additional regulations to be applied by GG Clan;

remove Content;
temporarily or permanently block Customer from the Platform;
disable the Account of the Customer from certain features or cancel the Account;
immediately terminate this Agreement.

If a Customer has been blocked or excluded, then such Customer does not have right to log in again to the Platform without the prior consent of GG Clan. For the avoidance of doubt, such Customer is not allowed to log in to the Platform by opening a new Account.

LIMITATION OF LIABILITY & INDEMNITY

GG Clan shall not be liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, or revenue; reliance on the materials presented; delays; or business interruptions) regardless of whether GG Clan has been advised of the possibility of such damages, whether in an action in contract or tort (including negligence), or any other legal theory, even if provider has been advised of the possibility of such damages. In no event will GG Clan’s aggregate liability under this Agreement exceed the total Service Fee paid by the Customer to GG Clan. This limitation applies regardless of whether other provisions of this Agreement have been breached or have proven ineffective. The existence of more than one claim will not enlarge or extend these limits.

Customer will indemnify, defend and/or settle, and pay damages awarded under, any third-party claim brought against GG Clan, which alleges that the use of the Platform violates any applicable law, or violates, infringes upon, or misappropriates any intellectual property right, publicity/privacy rights or that any act of the Customer violates any law or other right of a third party.

TERM AND TERMINATION

This Agreement shall commence on the date accepted by the Customer and shall continue until terminated.

Either Party may terminate this Agreement (i) without cause at any time upon seven days prior written notice to the other party except in the case of GG Clan and (ii) immediately without notice and without any compensation for the Customer’s material breach of this Agreement by closing the Account, suspending Customer’s ability to use certain portions of the Platform and/or banning Customer from the Platform.

The Articles of these Terms of Services that should remain in force due to the nature of will survive termination of these Terms of Services.

DISCLAIMER OF WARRANTY

The Platform and is provided “as is” and “as available”. GG Clan makes no warranties or representations relating to the Platform, express or implied, statutory, or otherwise, and expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose or merchantability. GG Clan does not guarantee that the Platform will satisfy Customer’s requirements and that the Platform is without defect or error or that operation of the Platform will be uninterrupted. GG Clan does not guarantee the availability of the Platform. The Customer acknowledges that the Platform may be unavailable at any time and for any reason.

GG Clan makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of its information, software, or services. GG Clan makes no warranty, representation, or guaranty that the information, products, or services will be uninterrupted or error free or that any defects will be corrected.

MODIFICATIONS

GG Clan retains the right to modify these Terms of Services (i) in the event of any amendments made due to legal changes, (ii) in the event of any amendments made due to decisions by the competent legal organs, (iii) because of technical necessity, (iv) in order to maintain company operations, (v) in the event of a change in market conditions. Customers will be informed of any amendments to these Terms of Services via GG Clan’s website. Alternatively, GG Clan upon its sole discretion may send Customer the amended Terms of Services via email. Customers will be deemed to have accepted such changes by continuing to use any of the Services. If at any point Customer does not agree to any portion of the current version of the Terms of Services, then such Customer is obliged to cease the use of Platform.

ELIGIBILITY

Customers must be at least 18 years old to receive Services and to register as a Customer. Customers under the age of 18 may use the Platform only if their parent or legal guardian has provided GG Clan’s verifiable consent and agreed to this Agreement. Please contact GG Clan at [email protected] if you are under the age of 18 but still would like to use the Platform or receive Services. GG Clan reserves the right to assess and reassess Customer’s eligibility at any time at its sole discretion and may request information from the Customer at any time to make such determinations.

The Customer represents and warrants that he/she has not previously been suspended or removed from the Platform. Customer may not access or use the Platform if previously banned from the Platform or closed his/her Account by GG Clan. Customer agrees that his/her registration, use of the Platform and provisions of Services are in compliance with any and all applicable laws and regulations and he/she is not a citizen or resident of a geographical area in which access or use of the Platform is prohibited by applicable law. GG Clan reserves the right to limit the availability to the Platform to any person, geographic area, or jurisdiction at any time and in its sole discretion.

NON-CIRCUMVENTION

The Customer agrees not to circumvent or attempt to circumvent GG Clan by procuring or offering to receive any Services from the Professionals outside the Platform. Without limiting GG Clan other remedies, if you engage in actions that circumvent the Platform, the Customer must reimburse GG Clan for all loses and costs and expenses related to such breach.

MISCELLANEOUS

Assignment Customer shall not have the right to transfer or otherwise dispose of, whether in whole or in part, the Agreement or the rights and obligations resulting from this Agreement without approval of GG Clan but may be assigned by GG Clan without restriction or notice.

Links to third Party Providers GG Clan Games may link to third party websites or services from the Services. Customer understands that GG Clan makes no commitments regarding any content, goods or services provided by such third parties and GG Clan endorses the same. GG Clan is also not responsible to Customer in relation to any losses or harm caused by such third parties. Any charges that Customer incurs in relation to those third parties are Customer’s responsibility. GG Clan Games is also not responsible for advertisements, promotions or banners promoted or promised by GG Clan or linked by GG Clan in the same way. If the Customer clicks on any advertisement, promotions, etc. he/she should be aware that he/she will be dealing with external companies responsible for that advert and he/she will be redirected to their services or website. GG Clan does not control the actions of third parties or the content of their websites or services.

Waiver No waiver by any Party of any condition contained in this Agreement, and no waiver by any Party of any breach of any term, covenant, provision, or agreement contained in this Agreement, in any one or more instances, shall constitute or be deemed to be either (i) a waiver by such Party of any other condition contained in this Agreement or a waiver by such Party of any other breach of any term, covenant, provision or agreement contained in this Agreement, or (ii) a continuous waiver by such Party of such condition of such breach.

Entire Agreement This Agreement supersedes all prior agreements, negotiations, undertakings, representations, warranties and promises between the Parties with regard to the subject matter hereof and contains, the sole and entire Agreement between the Parties in respect of the matters covered hereby.

Severability If any of the provisions of this Agreement is or becomes invalid, illegal, or unenforceable for any reason, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired. The Parties shall nevertheless negotiate in good faith in order to agree the terms of mutually satisfactory provisions, achieving as closely as possible the same commercial effect, to be substituted for the provisions so found to be void or unenforceable.

Partnership Nothing in this Agreement is intended to be construed so as to constitute Customer and GG Clan as partners or joint ventures, or either party hereto as the employee, franchisee or legal representative of the other party.

Notices GG Clan may notify Customer via e-mail, written or hard copy notice, through posting of such notice on GG Clan’s website or any other communication means using contact information provided to GG Clan. GG Clan reserve the right to determine the form and means of providing notifications to Customer. All notices given by Customer or required from Customer under these Terms of Services, or the Privacy Policy will be made to [email protected] and will include the full name and a detailed description of reasons for contacting GG Clan.

Governing Law All disputes between Customer and GG Clan shall be governed by the laws of Republic of Türkiye by courts and enforcement located in İstanbul Central (Çağlayan) without regard to conflict of law provisions, and Customer agrees to submit to the jurisdiction of such court.

Annex 1-Service Details

PARTIES

The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between the Professional (as defined below) and GG Clan LTD (“GG Clan” or “Company”) regarding the use of online platform located at 338 A REGENTS PARK ROAD FINCHLEY CENTRAL LONDON ENGLAND N3 2LN including applications owned or operated by the Company (“WebSite”) and services and products and applications of the Company that are accessible through the WebSite (collectively the “Platform”). These terms also apply to any other services that GG Clan may provide in relation to the Platform.

GG Clan and the Professional hereinafter shall each be referred to as Party and jointly as Parties.

These Terms of Services constitute legal agreement and contain important information about the rights and obligations. If Professional wishes to offer Services (as defined below) on the Platform, Professional must read and agree to be bound by these Terms of Services. Please see our privacy policy available at ggclan.com/privacy-policy (“Privacy Policy”) which shall be deemed additional terms of these Terms of Service. If you do not accept these Terms of Services in full, you are not authorized to offer Services on the Platform and you are not eligible to receive any benefits from any Services you provide.

By clicking to accept the Terms of Service, Professional agree to the Agreement, our Privacy Policy and any additional programs and is deemed to have executed the Agreement effective on the date the Professional click to accept these Terms of Service. In addition to these Terms of Services, any existing rules of the Platform shall also apply.

SCOPE AND TERMS OF SERVICES

GG Clan connects gamers with professionals and provides an online platform for the gamers (“Customer(s)”) who wishes to acquire in-game training services and assistance and gaming related activities or services (“Services”) from experts and professional players (“Professional(s)”) who wishes to offer such Services.

There are two types of Services to be provided by Professionals to the Customers details of which are shown in Annex 1.

Subject to complete and ongoing compliance with these Terms of Services of Professional, GG Clan grants Professional a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform. GG Clan may revoke this license at any time, in its sole discretion. Upon such revocation, the Professional must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with this Agreement or otherwise.

The Professional represents and warrants that he/she (i) has full authority to enter into this Agreement and perform his/her obligations hereunder, (ii) is not a party to an agreement or will not enter into any agreement that would prevent the Professional from complying with this Agreement and (iii) shall comply with all applicable laws and regulations regarding his/her performance of this Agreement.

GG Clan continuously updates, changes, and develops the Platform and any part of these Terms of Services at its own discretion. GG Clan retains the right to cease the Platform when it is required. GG Clan will provide reasonable notice before any amendment to these Terms of Services that includes material changes to these Terms of Service. A Professional’s continued use of the Platform following GG Clan updates these Terms of Services will constitute acceptance of the amended Terms of Service. GG Clan also reserves the right to change or discontinue any aspect or feature of the Platform. If any future update to these terms requires any action from Professional in order to comply with updates, access to the Platform may be suspended until such action is done.

Professional is liable for ensuring that his/her own software and hardware is suitable and up to date.

The Platform is available for use only by authorized users in accordance with the terms and conditions set forth in this Agreement.

Other than offering Services to the Customers, the use of the Platform for business or commercial purposes is strictly prohibited. Professional shall not sell, copy, exchange, transfer, publish, assign, make available to the public, copy, or otherwise distribute anything that Professional obtains or derive from the Platform.

GG Clan is not responsible for the actions of Customer. Professional has the sole responsibility for any obligations to the Customers or third parties that arise from the provision of the Services. GG Clan does not and shall not be deemed to direct or control the Professional under this Agreement and provision of the Services of the Professional. The Professional acknowledges and agrees that he/she has complete discretion to determine details of the utilization of the Platform to offer the Services. GG Clan does not supervise, direct or control the Professionals or their Services. GG Clan shall not have any liability or obligation under or related to relationship for any acts or omissions by the Professional.

In the event of an audit of GG Clan, the Professional agrees to promptly cooperate with GG Clan and provide copies of the Professional’s required documents.

The Professional agrees and accept that if the Professional believes another Professional has violated this Terms of Service, the Professional will notify GG Clan regarding such violation.

Mobile Software:

GG Clan make available Platform for access via a mobile device (“Mobile Platform”). In order to use the Mobile Platform, the Professional must have a mobile device that is compatible with the services provided by GG Clan. GG Clan does not warrant that the Mobile Platform will be compatible with your device.

Feedback and Ratings:

Customers may leave feedback about the Professionals with whom they have transacted and may express their opinions publicly through the feedback and rating system provided by GG Clan. Professionals agree to be rated by Customers along several criteria as determined by GG Clan. GG Clan does not censor these opinions or investigate any remarks posted by the Customers. GG Clan is not legally responsible for any feedback or comments posted or made available by any Professionals or Customers or third parties.

Professionals shall also rate the Customers through the feedback and rating system provided by GG Clan. Such ratings shall only be accessed by the Professionals only, not the Customers.

Provision of Services:

When the Platform is active and available for the Professional, Customers’ requests for the Services may appear to Professional via the Platform. The Professional shall respond to Customers’ request within 36 hours. The Professional has the option to accept or decline Customers’ request via the Platform. If the Professional accepts Customers’ request for the Services, GG Clan will provide Professional with Customer contact information for the Customers’ preferred communication services such as Discord, chat bot and gaming ID (“Communication Service”). Once the Professional has accepted a Customer’s request, the Professional (i) shall not contact any Customer outside of the Platform or preferred Communication Service, (ii) use the Platform to manage all Service requests from the Customers, (iii) maintain a record of all important details of the communication between Professional and Customer and (iv) respond to all requests and does not ignore requests and allow them to expire.

The Professional shall perform the Services in a timely and professional manner. The Professional shall comply with all applicable laws. The manner and means of performing the Services shall be determined by the Professional solely.

The Professional agrees not to and will not assist, encourage or enable others to use the Platform to: (i) violate any third party’s right, (ii) threaten, harm or harass others, (iii) violate the Terms of Services and any applicable law, (iv) send bulk emails, surveys or other mass messaging or otherwise attempt to manipulate the GG Clan’s search results, (v) reverse engineer any portion of the Platform, reformat or frame any portion of the Platform, (vi) attempt to gain unauthorized access to the Platform, user accounts, computer systems or networks connected to the Platform, (vii) use the Platform or any Content to transmit any viruses, (viii) utilize the access to the Platform for any unfair advantage or cheating in any games or in violation of any applicable terms of use of any such game and (ix) advertise to any user of the Platform to buy or sell any products or services.

Professional does not offer services with the intent to commit fraud or offer any services in exchange for positive feedback or at no cost and does not advertise any third-party service, platform, software, or application in the Platform.

Professionals are expected to comply with following policies when providing Services: (i) commit to the scheduled Service session, (ii) make records (if there is a dispute between Professional and Customer, GG Clan will request both Professional and Customer to provide the records) and (iii) start Service session on time and end the Service session on time.

If Professional is unable to provide its Services at the time previously agreed with the Customer, Professional agrees to (i) immediately inform the Customer with an explanation and (ii) immediately inform GG Clan at [email protected]. If Professional is unable to inform the Customer in advance due to an emergency, Professional is required to give an explanation to the Customer as soon as possible. Following obtaining consent from the Customer, Professional may cancel or reschedule any scheduled Services Session at any time that is more than 24 hours before such session is scheduled to start. No Professionals service session may be canceled or rescheduled by a Professional or the Customer within 24 hours of the start time for such Professional Service except in the rare case of true emergencies.

The Professional shall be solely responsible for determining the most effective and efficient manner to perform each instance of Services and shall provide all necessary equipment and materials at its own expense necessary for providing Services.

Recording of the Services:

The Professional is obliged to record Service sessions. All records of the Services sessions are confidential information and are available only to GG Clan if there is a dispute between the Professional and any user of the Platform. The Professional shall not stream the record publicly.

GG Clan may create, facilitate or display advertisements whereby Professional’s name, profile, photo and other data about the Professional or provided by the Professional may be used to advertise the product and services of GG Clan based on the use of Platform and interactions with the Platform of the Professionals.

To the extent that Professional receives personal information of a user (including data of Customer and other Professionals) via the Platform, Professional may use that information only for the limited and intended purpose for which it was provided subject to these Terms. The Professional shall not use any Customer’s personal data for any purpose other than providing Services. Professional maintains privacy of users including refraining from requesting any personally identifiable information, maintains the privacy of his/her personal information, cooperates with GG Clan in any anti-fraud actions and in resolving any disputes and reports any violation of Terms of Services or any other policy.

Professionals are not allowed to use cheating and similar methods during the in-game training sessions, professionals are also prohibited from directing the Customers to use cheating methods during the sessions.

Professionals shall not make any disparaging or defamatory statements, written or oral, or cause or encourage other Professionals and Customers to make any such statements, concerning the Customers, GG Clan, GG Clan’s directors, officers or employees, Services or the Platform.

ACCESS AND USE OF THE PLATFORM

Professional must comply with the laws to be applied in the location where the Services are offered. If any laws applicable to Professional restrict or prohibit Professional from offering the Services, Professional must comply with those legal restrictions or, if applicable, stop offering the Services.

Professional undertakes that all the information provided to GG Clan while offering the Services shall remain true, accurate and complete at all times.

Professional is responsible for the internet connection and/or mobile charges that it may incur for offering the Services.

Professional accepts that the access and usage of the Platform and provision of the Services by the Professional may deactivate or be restricted by GG Clan at any time in its sole discretion.

There may be times when Platform or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

Professional agrees and acknowledges that under no circumstance he/she will not:

use the Platform contrary to this Agreement or as in violation of any applicable law; use Platform to harm anyone or to cause offense or to harass any person; engage in any act that GG Clan deems to conflict with the spirit or intent of the Platform; disguise, anonymize or hide the IP address or the source of any Content that Professional may upload; use the Platform for any commercial or business purpose or the benefit of any third party or to send unsolicited communications; interfere with or disrupt the Platform servers or networks; attempt to decompile, reverse engineer, disassemble or hack any of the Platform, or to disable or defeat any of the codification and security measures; and 'harvest', 'scrape' or collect any information about or regarding other people that use the Platform, including, but not limited to any personal data or information.

PROFESSIONAL REGISTRATION AND ACCOUNTS

Professionals represent and warrant that (i) he/she is at least 18 years old, (ii) profile information that the Professional provides is true and accurate and updated and (iii) he/she uses the Account to market his/her services.

In order to become a Professional on the Platform, the Professional must complete the application form at https://ggclan.com/apply-pro through the Platform. Professional’s completed application will be evaluated by GG Clan and GG Clan determines whether Professional is qualified to be Professional in its sole discretion. In order to use the Platform and offer Services, Professional may be required to set up an individual account (“Account”) via the WebSite and provide certain information such as name, e-mail and other information as determined by GG Clan.

Professionals may be asked by GG Clan to authenticate themselves through third party applications.

Professional agrees that any and all information provided by himself/herself to GG Clan is accurate and he/she keeps it accurate and up to date. The data collected with respect to Professional will be processed by GG Clan in accordance with Privacy Policy.

The log in detail such as password and usernames shall be under the control of Professional. A Professional is solely responsible for maintaining confidentiality of his/her account and password and all activities that occur under the Account. GG Clan assumes that anyone logging into the Account using log in detail is a Professional. If Professional fails to keep the login details secretly, or if it shares login details or account with someone else (whether intentionally or unintentionally), Professional accepts full responsibility for the consequences of this (including any unauthorized purchases) and agrees to fully compensate GG Clan for any losses or harm that may result.

In case of unauthorized access to the log in detail or the Account or any suspicion related thereto the Professional shall promptly notify GG Clan. In this case or if GG Clan has concrete evidence of data misuse, GG Clan has the right to temporarily block access to the Account.

GG Clan will not be liable to Professional for any loss that Professional suffers because of an unauthorized person accessing the Account whether fraudulently or otherwise.

Professional acknowledges and agrees that no ownership or other property interest in any Account that it creates using any of the Platform are granted to the Professional.

Professional shall not create an Account or access the Platform if he/she is under the age of 18. GG Clan does not accept any responsibility for any unauthorized use of the Platform by minors.

GG Clan is entitled to suspend, terminate, modify, or delete any of the Account upon its sole discretion if any information the Professional provided on any form or posted through the Platform is not true, accurate or complete or such information violates the Terms of Services.

Professional’s Account is personal. Professional is not entitled to transfer its Account to any other person.

Professional shall not;

use another person or entity’s email address in order to sign up to use Platform; sell, rent or give away the Account, create an Account using a false identity or information, or on behalf of someone other than oneself; create more than one Account per each of the Platform.

OWNERSHIP AND CONTENT

All rights, title and interest in and to the Platform and Platform content including, without limitation, titles, computer code, software, mobile applications, themes, objects, graphics, characters, concepts, artwork, designs, products, animations, sounds, musical compositions, documentation, visual interfaces, methods of operation, moral rights, virtual items, user review ratings and all other components and any other content posted on the Platform (“Content”) are owned solely by GG Clan and are protected by applicable intellectual property rights. GG Clan reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with the Platform and Content.

Notwithstanding any provision to the contrary herein, Professional also acknowledges and agrees that Professional has no right or title in or to any content that appears in the Platform, including without limitation the virtual items or any other attributes associated with an Account or stored on the Platform.

The Platform may include contents which may be subject to proprietary rights of other parties. Professional shall not edit, copy, distribute, publicly reproduce, reverse-engineer, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives, use for advertising purposes, or use beyond the contractually agreed purposes any the Platform.

Professional is obliged to abstain from any an act causing the proper functioning of the Platform, any individual service and/or offers. Professionals are also required to abstain from any measure which may allow unauthorized access to data.

Professional disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by GG Clan "AS IS," without a warranty of any kind, either expressed or implied.

“Professional Content” means any communications, images and sounds and all the material, data and information that Professional uploads or transmits through the Platform, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. Professional hereby grants to GG Clan and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, royalty free and paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, incorporate into advertisements and other works, promote, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such Professional Content as well as all modified and derivative works thereof, without compensation to Professional. The Professional agrees that the Content may be treated as non-confidential and may not be returned.

Professional agrees not to upload, communicate, transmit or otherwise make available any Professional Content:

that is or could reasonably be deemed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; that is or could reasonably be viewed as infringing of another's privacy and publicity; that could be deemed against fundamental human rights; which infringes any intellectual property right or other proprietary right of others; which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or which results in harming functionality of any computer software or hardware or telecommunications equipment in any manner.

The Professional is responsible for the Professional Content alone, and once published, it cannot always be withdrawn. The Professional assumes all risks associated with the Professional Content. The Professional may not imply that the Professional Content is in any way sponsored or endorsed by GG Clan.

Professional agrees that he/she will not use his/her access to the Platform to collect Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent.

The Professional further agrees that his/her relationship with GG Clan is not confidential.

When the Professional submits the Professional Content to GG Clan, the Professional grants authorization and permission to use the Content to any GG Clan employee or contractor, GG Clan’s affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by GG Clan as well.

GG Clan may edit any of the Professional Content that the Professional submits without the Professional’s permission before making it available to third parties if deemed necessary.

GG Clan may store or distribute to third parties recordings of sessions in which the Professional participates. The Professional acknowledges and agrees that any lessons or interactions taking place on the Platform may be live streamed for public viewing. The Professional accepts that GG Clan may use the Professional Content including the Professional’s screen name, Account information or other information provided by the Professional and collect data about the Services or interactions.

GG Clan reserves the right to change the format, sizing and any other display specifications of the Professional Content as it seems necessary. GG Clan may but are not obliged to review the Content before posting.

The Professional is responsible for the Professional Content, any material or information Professional transmits to the Customer or another user of the Platform and for his/her interactions with other users of the Platform.

GG Clan reserves the right to limit the availability to the Platform to any person, geographic area or jurisdiction at any time and in its sole discretion, and GG Clan may limit the quantities of any such Content.

FEES

Subject to Professional’s full and ongoing compliance with these Terms of Service, Professional will be paid applicable payments in return for the provision of the Services and Professional is only entitled to receive Fee in connection with the provision of the Service:

The Professional is entitled to charge a fee for each completed Service sessions provided to Customer via the Platform (“Fee”). For the avoidance of doubt, such Fee shall be subject to GG Clan’s final approval.

In order to receive the above-mentioned payments, Professional must request payments from GG Clan by requesting withdrawal from Account tab. If the withdrawal tab doesn't work, the Professional should contact [email protected] summarizing his/her demands. GG Clan will make sure that the Professional receives the payment of the required amount following the request. GG Clan may also charge a professional fee for each withdrawal, the amount of which will be notified to the professional.

GG Clan reserves the right to change the calculation methods of the Fee at any time upon the notice to the Professional. The Professional’s continued use of the Services following any change in the Calculation shall be deemed consent of the Professional to the change. GG Clan also has the right to adjust or cancel the Fee for a particular Service session in a reasonable manner.

The Professional agrees that the Professional is solely responsible for (i) all tax liability associated with payments received through the Platform and (ii) for determining whether the Professional is required by applicable law to issue any particular invoices and issuing any invoices so required to the extent applicable.

Payments will be made to the Professional via Wise (can change) as GG Clan may designate upon the provision of the notice to Professional. Any fees charged by such payment processor or Professional’s bank shall be sole responsibility of the Professional.

To the extent permitted by the applicable law, if GG Clan determine in its sole discretion that Professional violated the Agreement or suspect fraud, disbursement of the Fees may be held.

Professional is responsible for maintaining an accurate, up-to-date payment details. GG Clan will not be responsible for any delay or failure to transfer payments due to any reason out of GG Clan’s control.

CONSEQUENCES OF A BREACH LIABILITIES

GG Clan is not liable for damages resulting from a Professional’s breach of its obligations and liabilities.

Regardless of any additional legal or contractual rights, it is at the reasonable discretion of GG Clan to take the following actions against any Professional violating the applicable law, third party rights, these Terms of Services, or any respective additional regulations to be applied by GG Clan;

remove Content;

temporarily or permanently block Professional from the Platform; disable the Account of such Professional from certain features or cancel the Account; immediately terminate this Agreement.

If a Professional has been blocked or excluded, then such Professional does not have right to log in again to the Platform without the prior consent of GG Clan.

LIMITATION OF LIABILITY & INDEMNITY

GG Clan shall not be liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, or revenue; reliance on the materials presented; delays; or business interruptions) regardless of whether GG Clan has been advised of the possibility of such damages, whether in an action in contract or tort (including negligence), or any other legal theory, even if provider has been advised of the possibility of such damages. In no event will GG Clan’s aggregate liability under this Agreement exceed GG Clan’s 6-month net earnings on the basis of the relevant Professional under this Agreement. This limitation applies regardless of whether other provisions of this Agreement have been breached or have proven ineffective. The existence of more than one claim will not enlarge or extend these limits.

Professional will indemnify, defend and/or settle, and pay damages awarded under, any third-party claim brought against GG Clan, which alleges that the use of the Platform and provision of the Service by Professional violates any applicable law, or violates, infringes upon or misappropriates any intellectual property right, publicity/privacy rights or that the any act of the Professional violates any law or other right of a third party.

TERM AND TERMINATION

This Agreement shall commence on the date accepted by the Professional and shall continue until terminated.

Either Party may terminate this Agreement without cause at any time upon seven days prior written notice to the other party. Additionally, GG Clan may terminate this Agreement immediately without notice for the Professional’s material breach of this Agreement by closing the Account, suspending Professional’s ability to use certain portions of the Platform and/or banning Professional from the Platform.

Article 8 (User Content), 9 (Expert Warranties), 10 (User Data), 11 (Termination; Effect of Termination), 12 (Disclaimer; No Warranties), 13 (Independent Expert’s Indemnification), 14 (Limitation of Liability) and 15 (Miscellaneous) of these Terms of Service will survive termination of these Terms of Service in accordance with their terms.

DISCLAIMER OF WARRANTY

The Platform and is provided “as is” and “as available”. GG Clan makes no warranties or representations relating to the Platform, express or implied, statutory, or otherwise, and expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose or merchantability. GG Clan does not warrant that the Platform will satisfy Professional’s requirements and that the Platform is without defect or error or that operation of the Platform will be uninterrupted. GG Clan does not guarantee the availability of the Platform. The Professional acknowledges that the Platform may be unavailable at any time and for any reason.

GG Clan makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of its information, software, or services. GG Clan makes no warranty, representation, or guaranty that the information, products, or services will be uninterrupted or error free or that any defects will be corrected.

MODIFICATIONS

GG Clan retains the right to modify these Terms of Services (i) in the event of any amendments made due to legal changes, (ii) in the event of any amendments made due to decisions by the competent legal organs, (iii) because of technical necessity, (iv) in order to maintain company operations, (v) in the event of a change in market conditions. Professionals will be informed of any amendments to these Terms of Services via GG Clan’s website. Alternatively, GG Clan upon its sole discretion may send Professional the amended Terms of Services via email. Professionals will be deemed to have accepted such changes by continuing to use any of the Services. If at any point the Professional does not agree to any portion of the current version of the Terms of Services, then such Professional is obliged to cease the use of Platform.

PROFESSIONAL ELIGIBILITY

Professional must be at least 18 years old to provide Services and to register as a Professional. The Professional may not access or use the Platform if previously banned from the Platform or closed his/her Account by GG Clan. Professional agrees that his/her registration, use of the Platform and provisions of Services are in compliance with any and all applicable laws and regulations and he/she is not a citizen or resident of a geographical area in which access or use of the Platform is prohibited by applicable law. GG Clan reserves the right to limit the availability to the Platform to any person, geographic area or jurisdiction at any time and in its sole discretion. Professionals are not eligible to act as a reseller or referral agent of the Platform and Professionals are only eligible to receive payment for the provision of Services.

NON-CIRCUMVENTION

The Professional agrees not to circumvent or attempt to circumvent GG Clan by procuring or offering the Services to any Customer that the Professional originally identified through the Platform outside the Platform or solicit the users of the Platform to cease the Platform or to join similar or competing platforms. Without limiting GG Clan other remedies, if you engage in actions that circumvent the Platform, the Professional must reimburse GG Clan for all loses and costs and expenses related to such breach.

MISCELLANEOUS

Assignment Professional shall not have the right to transfer or otherwise dispose of, whether in whole or in part, the Agreement or the rights and obligations resulting from this Agreement without approval of GG Clan but may be assigned by GG Clan without restriction or notice.

Links to third Party Providers GG Clan Games may link to third party websites or services from the Services. Professionals understand that GG Clan makes no commitments regarding any content, goods or services provided by such third parties and GG Clan endorses the same. GG Clan is also not responsible to Professional in relation to any losses or harm caused by such third parties. Any charges that Professional incurs in relation to those third parties are Professional’s responsibility. GG Clan Games is also not responsible for advertisements, promotions or banners promoted or promised by GG Clan or linked by GG Clan in the same way. If the Professional clicks on any advertisement, promotions, etc. he/she should be aware that he/she will be dealing with external companies responsible for that advert and he/she will be redirected to their services or website. GG Clan does not control the actions of third parties or the content of their websites or services.

Waiver No waiver by any Party of any condition contained in this Agreement, and no waiver by any Party of any breach of any term, covenant, provision, or agreement contained in this Agreement, in any one or more instances, shall constitute or be deemed to be either (i) a waiver by such Party of any other condition contained in this Agreement or a waiver by such Party of any other breach of any term, covenant, provision or agreement contained in this Agreement, or (ii) a continuous waiver by such Party of such condition of such breach.

Entire Agreement This Agreement supersedes all prior agreements, negotiations, undertakings, representations, warranties and promises between the Parties with regard to the subject matter hereof and contains, the sole and entire Agreement between the Parties in respect of the matters covered hereby.

Severability If any of the provisions of this Agreement is or becomes invalid, illegal, or unenforceable for any reason, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired. The Parties shall nevertheless negotiate in good faith in order to agree the terms of mutually satisfactory provisions, achieving as closely as possible the same commercial effect, to be substituted for the provisions so found to be void or unenforceable.

Partnership Nothing in this Agreement is intended to be construed so as to constitute Professional and GG Clan as partners or joint ventures, or either party hereto as the employee, franchisee or legal representative of the other party.

Notices GG Clan may notify Professional via e-mail, written or hard copy notice, through posting of such notice on GG Clan’s website or any other communication means using contact information provided to GG Clan. GG Clan reserve the right to determine the form and means of providing notifications to Professionals. All notices given by Professional or required from Professional under these Terms of Services, or the Privacy Policy will be made to [email protected] and will include the full name and a detailed description of reasons for contacting GG Clan.

Governing Law All disputes between Professional and GG Clan shall be governed by the laws of Türkiye by courts and enforcement located in İstanbul Central (Çağlayan) without regard to conflict of law provisions, and Professional agrees to submit to the jurisdiction of such court.

Annex 1-Service Details