MOBILE APPLICATION SOFTWARE LICENCE AGREEMENT FOR CLOUDYGAMING

Description: Access to CloudyGaming - online cloud gaming content.

Fees (inclusive of Sales Tax): 7R per day. We may vary the fees from time to time by posting new fees on our website but this will not affect the fees for the applications that have been previously paid for.

Termination: You may unsubscribe at any time by dialling *135* 997# from your Vodacom handset and following the on screen instructions

Helpdesk Tel: +27 800064516 or email: service.sa@csteam.help

WhatsApp users can message us at +27800800026.

Disclaimer: All images and wallpapers are copyrighted to their respective authors, therefore, you must not remove any copyright notices. All published content is believed to be authorized for sharing and personal use as desktop or phone wallpaper by the author and us however if you have information to the contrary please contact us.

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY SUBSCRIBING TO THE SERVICE YOU ARE DEEMED TO HAVE ACCEPTED THE FOLLOWING TERMS & CONDITIONS (collectively referred to in this document as the “Terms”):

The terms of this Mobile Application Software Licence Agreement for CloudyGaming The Website Usage Terms and Conditions - attached hereto as Schedule 1 The Privacy and Cookies Policy – attached hereto as Schedule 2 CloudyGaming Terms of Use which can be found at: https://cloudygaming.io/eula

IF YOU DO NOT AGREE TO ANY OF THE TERMS YOU MUST NOT ACCESS THE SERVICE.

You must be at least 18 years old and you must have the bill payers permission prior to accepting these terms and using the Service.

We, PM Connect Limited, with our registered office at PM Connect Ltd, 11 Brindley Place, 2 Brunswick Square, Birmingham B1 2LP license you to have access to CloudyGaming through the mobile service, (“Service”) together with any updates or supplements to it, as permitted in accordance with the Terms.

1. Data Protection

1.1 By using the Service, you agree to us collecting and using technical information about the devices you use the Service on and related software, hardware and peripherals to help us improve our Service.

1.2 We agree to only use the personal data we collect through your use of the Service in the ways set out in our Privacy and Cookies Policy (Schedule 2) and in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation (“GDPR”).

1.3 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

2. How you may use the Service

2.1 In return for your agreeing to comply with the Terms you may access the Service or content from the Service onto your mobile telephone, handheld device, tablet or other device as applicable and view, use and display the Service on such devices for your own personal purposes only.

2.2 We are giving you a personal right to use the Service, this means that you may not transfer the Service to someone else, whether for money, for anything else or for free.

2.3 If you access the Service via any mobile telephone or handheld device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with the Terms, whether or not you own the mobile telephone or handheld device.

2.4 If you breach any of the Terms, or if we reasonably suspect or believe that you have breached any of the Terms we may:

send you one or more formal warnings; temporarily suspend your access to the Service; suspend and/or delete your account; permanently prohibit you from accessing our website; block computers using your IP address from accessing our website; and/or commence legal proceedings against you. 2.5 You agree to indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of the Terms.

3. Licence grant and restrictions

3.1 Upon payment of the fees we grant you a personal, non-transferable, non-exclusive subscription licence to use the Service.

3.2 You agree that you will:

not download any material from our website or save such material to your computer, mobile telephone or handheld device; not rent, lease, sub-license, host, loan, provide, or otherwise make available, the Service, in any form, in whole or in part to any person without prior written consent from us; not copy the Service, except as part of the normal use of the Service or where it is necessary for the purpose of back-up or operational security; not translate, merge, adapt, vary, alter or modify, the whole or any part of the Service, nor permit the Service or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Service on devices as permitted in the Terms; not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988 or under the protection of copyright provisions incorporated into local laws by signatory countries to the Berne Convention ) such actions cannot be prohibited because they are necessary to decompile the Service to obtain the information necessary to create an independent program that can be operated with the Service or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities: is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and is not used to create any software that is substantially similar in its expression to the Service; is kept secure; and is used only for the Permitted Objective; comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Service.

4. Acceptable use restrictions

4.1 You must not: use the Service or your account in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data into the Service, or any operating system; infringe our intellectual property rights or those of any third party in relation to your use of the Service; transmit any material that constitutes spam or is defamatory, libelous, untrue, threatening, abusive, inaccurate, discriminatory, blasphemous, gratuitous, pornographic, promotes criminal activity, in breach of official secrets legislation, offensive or otherwise objectionable in relation to your use of the Service; use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the Service; and use any other person’s account to access the Service.

5. Payment

5.1 If you have a mobile contract you will be charged the fees shown on the front page of this agreement by your mobile provider.

5.2 If you are a prepay mobile user you must register for an account through our website and by doing so you thereby consent for us to deduct the fees shown on the front page of this agreement from your available credit. In the event that you don’t have sufficient funds available we may attempt to bill for a period of time after the failed billing date. If we are unable to collect payment after a reasonable period of time we will cease your access to the Service.

5.3 As long as your account remains active and your payments are up-to-date you will be able to use the Service in accordance with the Terms.

5.4 If you wish to dispute any payment you must contact us immediately providing full details of your claim.

6. Intellectual property rights

6.1 All intellectual property rights (registered or unregistered) in the Service, including but not limited to patents, copyright, trademarks, and trade secrets, throughout the world belong to us (or our licensors) and the rights in the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service, other than the right to use them in accordance with the Terms.

6.2 All rights not expressly granted under the Terms (including those in the CloudyGaming Terms and the CloudyGaming Third Party License Terms) are expressly reserved by us and CloudyGaming as applicable. You must not modify, remove or destroy any proprietary markings or confidential legends placed upon or contained within the cloud gaming content.

7. Changes to the Terms and updates to the Service

7.1 We will not file a copy of the Terms in relation to each user or customer therefore we recommend that you save a copy for future reference.

7.2 We may need to change the Terms to reflect changes in law or best practice or to deal with additional features which we introduce. Furthermore, CloudyGaming may change the terms of their Third Party Licencing terms and/or the terms of the CloudyGaming Terms of Use so please check the links provided at the start of this agreement for the most recent version of these documents.

7.3 We will notify you of any change when you next access the Service.

7.4 If you do not accept the notified changes you may not be permitted to continue to use the Service.

8. Our responsibility and liability

8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of this Mobile Application Software Licence Agreement for CloudyGaming, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the terms of this Mobile Application Software Licence Agreement for CoudyGaming or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted the Terms, both we and you knew it might happen. We will not, however, be liable for loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. Nor will we be liable to you in respect of any loss or corruption of any data, database or software, or for any special, indirect or consequential loss or damage.

8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

8.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

8.4 We are not liable for business losses. The Service is for domestic and private use. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.5 Limitations to the Service. The Service is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Service. Although we make reasonable efforts to update the information provided by the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We do not warrant that access to the Service will remain available.

8.6 Please back-up content and data used with the Service. We recommend that you back up any content and data used in connection with the Service, to protect yourself in case of problems with the Service.

8.7 Check that the Service is suitable for you. The Service has not been developed to meet your individual requirements. Please check that the facilities and functions of the Service meet your requirements.

8.8 We are not responsible for events outside our control. If our provision of the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

8.9 We may end your rights to use the Service if you break the Terms. We may end your rights to use the Service at any time by contacting you if you have broken any of the Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. If we end your rights to use the Service we may remotely access your device and remove the Service and you must: stop all activities authorised by the Terms, including your use of the Service; and delete or remove the Service from all devices in your possession and immediately destroy all copies of the Service which you have and confirm to us that you have done this.

9. General

9.1 We may transfer our rights and obligations under the Terms to another organisation. We will always tell you in writing (which includes by text message and/or email) if this happens and we will ensure that the transfer will not affect your rights under the Terms. You may only transfer your rights or your obligations under the Terms to another person if we agree in writing.

9.2 A person who is not a party to this agreement shall not have any rights under or in connection with it.

9.3 Each of the paragraphs, in each of the documents that compromise the Terms, operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

9.4 Even if we delay enforcing any of the Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

9.5 If you think the Service is faulty or mis-described or if you become aware of any unauthorised use of your account or if you wish to contact us for any other reason please use the Helpdesk contact details at the front of this agreement.

9.6 The Terms (the breakdown of which is referenced at the start of this agreement) constitute the entire understanding between you and us in relation to your use of the Service and shall supersede all previous agreements between you and us in relation to your use of the Service.

9.7 Any dispute which arises under this agreement shall be discussed, and if possible, resolved between the parties. If the parties fail to resolve the dispute within fifteen days of the dispute arising then either Party, by giving notice in writing to the other, may enter into an alternative dispute resolution procedure in accordance with the commercial mediation rules of the relevant arbitration association set out in Table A below in effect at the time such mediation is commenced. Neither Party may commence any court proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other Party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.

9.8 Both Parties agree that the applicable governing law, as set out in Table A below, shall apply to this agreement without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts.

The Website uses the following types of cookies

Cookies strictly necessary for the provision of certain services expressly requested by the User and that can be used for proper navigation or that serve to ensure that the content of a Website is loaded effectively. In case of deactivation the User will not be able to correctly receive the established services and content.

Analytical cookies: When the User accesses the Website, through this tool anonymous information is collected in a standard way about the Users’ navigation and their behavior patterns.

Personalization cookies, are those that allow the user to access the service with some predefined general characteristics based on a series of criteria in the user's terminal such as the language, the type of browser through which the user accesses the service, the regional configuration from where is accessed the service, etc.

Technical cookies, are those that allow the user to navigate through a web page, platform or application and use the different options or services that exist, such as, for example, control traffic and data communication, identify the session, access to restricted areas, remember the elements that make up an order, make the purchase process of an order, make the request for registration or participation in an event, use security elements during navigation, store content for the dissemination of videos or sound or share content through social networks.

Analysis cookies, for the monitoring and collection of statistical data of the activity, in order to guarantee the best service to the user.

Session cookies are designed to collect and store data while the user accesses a web page.

Customer Domiciled In Governing Law Courts Having Exclusive Jurisdiction Arbitration Association and Place of Arbitration Europe, Middle East or Africa England and Wales England and Wales UK Centre for Dispute Resolution (CEDR) having its seat in London North America or South America State laws of California State Laws of California International Center for Dispute Resolution having its seat in San Francisco, California Asia Pacific region New South Wales, Australia New South Wales, Australia The Institute of Arbitrators & Mediators Australia having its seat in Sydney

SCHEDULE 1 - WEBSITE USAGE TERMS AND CONDITIONS

1. Introduction These Usage Terms together with our Privacy Policy govern your use of this website; by using this website, you agree to these terms in full. If you disagree with these terms of use or any part of these terms of use, please leave with this website immediately. Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies.

We reserve the right to make changes to these usage terms in future and any changes will be posted to the site and will take effect immediately. Please ensure that you read the terms each time you access this website.

2. Licence to use website Unless otherwise stated, we or our licensors own the intellectual property rights in the website and in the materials on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not: republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

3. Acceptable use You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website for any purposes related to marketing without our express written consent.

4. Restricted access Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

5. User content In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights. You warrant and represent that your content will comply with these terms of use. Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

6. Limited warranties We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

7. Limitations and exclusions of liability Nothing in these terms of use will: (i) limit or exclude our or your liability for death or personal injury resulting from negligence; (ii) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (iii) limit any of our or your liabilities in any way that is not permitted under applicable law; or (iv) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (i) are subject to the preceding paragraph; and (ii) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

8. Indemnity You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

9. Breaches of these terms of use Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

10. Variation We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

11. Assignment We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

12. Severability If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. Exclusion of third party rights These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

You can also delete cookies already stored on your computer. For example:

14. Entire agreement Subject to the first paragraph of Section 7, these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

15. Law and jurisdiction These terms of use will be governed by and construed in accordance with the laws of England and Wales, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England.

16. Registrations and authorisations Our VAT number is 995843453

17. Our details The full name of our company is PM Connect Limited.

We are a limited company registered in England and Wales under registration number 07347102.

Our registered address is 11 Brindley Place, 2 Brunswick Square, Birmingham, B1 2LP.

Data Protection Registration Number: ZA007321.

You can contact us by email to service.sa@csteam.help