TERMS AND CONDITIONS OF USE - SPECIFIC TO THE CLARO GAMING CLOUD SUBSCRIPTION

These Terms and Conditions of Use apply to Claro Colombia customers who sign up for the Claro Gaming Cloud service and use its websites, apps, and features. The Claro Gaming Cloud Platform is the result of an agreement between Claro Colombia and AWG, a company, as outlined in the contract signed by both parties. For these Terms of Use, Claro Colombia and AWG are collectively referred to as the "Companies".

By accessing and using the Service, the Customer agrees to abide by the Terms of Use as published by the Companies at the time of access and/or use of the platform. The Customer is responsible for any damages, direct or indirect, that may be caused to the Companies and their affiliates due to any violation of these Terms of Use and applicable regulations.

GENERAL DESCRIPTION

As part of its efforts to provide enhanced services, Claro Colombia has introduced a new offering for gamers called "CLARO GAMING CLOUD." This service functions as a virtual console in the cloud, enabling customers to access a library of included games and use their credentials from other platforms such as Steam and Epic Games, effectively serving as a comprehensive aggregator of games.

With this service, users can play a variety of games via their web browser or desktop application. Additionally, they can access games on their smartphones, tablets (both Android and iOS), and even on Android TV (compatible with Claro BoxTV decoders and Smart TVs running this operating system), all without the need for downloads, updates, or game installations.

1. USERS

By accessing and/or using the Claro Gaming Cloud platform, you are acknowledging yourself as a "User" and agree to the Terms of Use outlined herein. Users must be at least 18 years old. If you are a minor, you must have explicit consent from your parents or legal guardians to play CLARO GAMING CLOUD.

Please use your time playing CLARO GAMING CLOUD responsibly and consciously.

2. DESCRIPTION OF THE SERVICE

CLARO GAMING CLOUD provides a premium gaming experience to Customers, allowing Users to play hundreds of games on nearly any compatible device.

By subscribing to the Service, you agree to the pricing and conditions stated in these Terms of Use. The subscription does not involve any commitment to remain subscribed. It will automatically renew on a monthly basis.

3. CANCELLATION

If, for any reason, the customer cancels its subscription or the services contracted with Claro Colombia, access to the service will be immediately suspended and the customer will not be entitled to reimbursement of the amounts already paid for the service.

AWG reserves the right to cancel a User's access to CLARO GAMING CLOUD, as well as all or part of the content provided through the same, at any time and without prior notice, whether for technical reasons, security failures, maintenance or power supply failures or for any other reasonable cause. Notwithstanding the foregoing, AWG and CLARO will use their best efforts to give Users thirty (30) days prior notice of such cancellation.

4. INFORMATION PROVIDED BY CLARO GAMING CLOUD USERS

To access the Service, Users must create an account on the MiClaro application and log in to CLARO GAMING CLOUD, providing personal registration details such as phone number, home account, email address, and password. For more details, please refer to AWG's Privacy Policy.

By using the Service, Users consent to AWG's use of technology and integrated services to perform statistical analysis on accesses, usage, and views of CLARO GAMING CLOUD.

5. CLARO GAMING CLOUD INTELLECTUAL AND INDUSTRIAL PROPERTY

The CLARO GAMING CLOUD application grants Users a non-exclusive and non-transferable license (referred to as the "License") to utilize the CLARO GAMING CLOUD platform, including the games provided by AWG within the scope of the Services contracted with CLARO.

Copyright Notice: AWG holds the trade name, copyright, and distribution rights to the CLARO GAMING CLOUD platform, including the "look and feel" of the AWG software.

These Terms of Use provide Users with a license to utilize CLARO GAMING CLOUD and the AWG platform, without transferring ownership of any rights.

AWG, either directly or as an assignee, retains all intellectual and industrial property rights to the CLARO GAMING CLOUD platform, as well as the software's appearance, style, and its constituent elements (such as images, audio, video, software, texts, trademarks, logos, color combinations, structure and design, materials used, and computer programs essential for operation, access, and use), owned by AWG, its affiliates, or licensors.

In accordance with Intellectual Property Law, reproduction, distribution, and public communication (including making available) of all or part of the content for commercial purposes, on any medium and through any technical means, without authorization from AWG or the relevant third-party owners, is expressly prohibited.

AWG does not own the intellectual property rights to the games available on the CLARO GAMING CLOUD platform; these rights are reserved to their respective developers.

Users are obligated to respect the Intellectual and Industrial Property rights owned by AWG and the game developers. Apart from the rights explicitly granted in the License, AWG does not provide any form of license or authorization for the use of its intellectual and industrial property rights, or any other property or rights associated with the CLARO GAMING CLOUD platform.

Users are prohibited from altering, deconstructing, disassembling, or decompiling the CLARO GAMING CLOUD platform, using any present or future technology. Additionally, Users must refrain from deleting, altering, circumventing, or manipulating any protection device or security system installed in the CLARO GAMING CLOUD application. Failure to comply with any terms and conditions of the License will be considered a violation of these Terms of Use and may result in legal penalties and other contractual consequences as provided by Claro Colombia.

Third Party Applications and Devices: The Services may integrate or interact with third-party content. Users acknowledge and agree that, since the games are owned by third parties and cannot be altered or edited from their original form, Claro Colombia and AWG are not responsible for the content of the games. These third parties may have their own terms and conditions of use and privacy policies, and the use of their content will be governed by applicable law and subject to those terms, conditions, and policies.

Users understand and agree that Claro Colombia and AWG have no control over, and are not responsible for, the behavior, features, or content of any third party, nor any relationship the User may have with the provider(s) of such third-party content. Additionally, Claro Colombia and AWG do not guarantee the ongoing compatibility or compatibility issues of third-party content with the service.

Warranties and Liabilities: You are required to use the AWG Games service in accordance with the terms and conditions outlined herein. AWG shall not be held liable for any damages resulting from your use of AWG in a manner inconsistent with this License. Except for liability under consumer protection laws, you release AWG from any liability arising from improper execution or operation of AWG Games caused by the manner in which the software was executed. This disclaimer also applies to AWG's employees and management.

AWG affirms that this License to use the AWG Games platform does not violate any prior contracts or applicable laws. However, AWG does not guarantee the availability, continuity, or flawless functioning of the software. Therefore, to the extent permitted by law, this warranty excludes damages resulting from the unavailability or operation of AWG and the functionality of AWG Games. AWG assumes no liability in the event of force majeure or acts of God and shall not be held responsible for causes beyond its reasonable control, such as the presence of viruses or interference by third parties.

Duration of the License: This License becomes effective when the User explicitly accepts these Terms of Use upon registering with CLARO GAMING CLOUD. AWG and/or Claro Colombia reserve the right, at their discretion, to restrict, suspend, and/or terminate this License, in whole or in part, at any time and for any reason, without prior notice or liability. Additionally, the User may terminate this License under these Terms of Use.

6. USE OF THE CLARO GAMING CLOUD PLATFORM

Users must agree to use the CLARO GAMING CLOUD Platform diligently and responsibly, refraining from causing harm to the physical and logical systems of Claro Colombia, AWG, its suppliers, or third parties. Users must not introduce or spread computer viruses or any other physical or logical systems that may cause such damage.

Users are strictly prohibited from granting permission to third parties (except as mandated by local law), to: (i) gain unauthorized access to the CLARO GAMING CLOUD account; (ii) use the CLARO GAMING CLOUD account unlawfully, for illegal purposes, or in any manner contrary to these Terms of Use; (iii) sell, rent, lease, distribute, transfer, sublicense, reproduce, duplicate, copy, translate, reverse engineer, control the source code, modify, disassemble, decompile, create derivative works based on, remove any proprietary notices or labels, or use for commercial purposes, the AWG Games Content or any software accessed through AWG Games; (iv) host or provide matchmaking services for AWG Games Content; (v) generate revenue from the use or provision of AWG Games Content or AWG Games Account, and for profit or commercial gain or otherwise, without the express prior written consent of AWG or other legitimate third parties.

7. GENERAL CONDITIONS OF SALE

Changes to the Services and the CLARO GAMING CLOUD Platform: The Companies reserve the right to make changes to the Services and/or the CLARO GAMING CLOUD Platform from time to time, without prior notification to the User. These changes may be made for legitimate reasons, such as improving existing features or functions, adding new features, implementing scientific and technological advancements, making reasonable technical adjustments to the Services and the CLARO GAMING CLOUD Platform, ensuring the operation or security of the Services and the CLARO GAMING CLOUD Platform, and complying with legal or regulatory requirements.

Use of the CLARO GAMING CLOUD Platform: Below, Users will find information about the various options for enjoying the games available in CLARO GAMING CLOUD:

Service Options: Users who are eligible for the Service, meaning they have an active subscription, can create an account and access the available catalog. Claro Colombia and AWG are not responsible for the content provided by third parties. Claro Colombia reserves the right to modify, terminate, or otherwise adjust subscription plans and promotional offers at any time, in accordance with these Terms of Use and subject to the terms applicable to such plans and offers.

Trial Periods: Claro Colombia and AWG may, by mutual agreement and at their discretion, offer a trial of the CLARO GAMING CLOUD service for a specified period determined by them, either free of charge or at a reduced fee ("Trial Period"). CLARO GAMING CLOUD may assess your eligibility for a Trial Period and may discontinue offering it at any time without notice and without liability, to the extent permitted by applicable law.

Maintenance and Session Termination: In order to ensure the optimal functioning of the service, we may need to initiate maintenance periods on our software/hardware without prior notice. During these maintenance periods, we may terminate your sessions, disable access to Claro Gaming Cloud, or deactivate some of its features, including access to certain games. The duration of maintenance periods will be limited to the time necessary to address the issue and ensure that Claro Gaming Cloud can continue to operate smoothly. You acknowledge that you will not seek compensation from us for any downtime experienced due to a maintenance period.

Additionally, we may automatically log you out if no activity has been detected for a reasonable period (typically 15 minutes). After being logged out due to inactivity, users can immediately start a game without any time penalty upon logging back in. This measure ensures that servers remain available for other active users.

Please note that Claro Gaming Cloud is not liable for any loss or damage resulting from session termination or unavailability of the Service. This includes, but is not limited to, loss of unsaved data, progress, loss in a tournament, or any other negative consequences.

Play Steam games with your own license: Claro Gaming Cloud maintains a curated selection of Steam games installed and updated within our cloud infrastructure, ready for users to enjoy. These games are accessible only if the user holds a valid license on the Steam platform, and ensuring sufficient rights to play each game is the user's responsibility. AWG Games will request your Steam credentials to authenticate your license prior to game launch. Users must safeguard their credentials for exclusive personal use. By utilizing the service, users agree to adhere to all terms and conditions outlined in the Steam Subscriber Agreement and the Steam Games End User License Agreement.

The assortment of Steam Games available on Claro Gaming Cloud may evolve over time. Not all content from Steam Games, even if licensed by the user, may be accessible via the Claro Gaming Cloud infrastructure. Any engagements, transactions, or agreements involving the user and Claro Gaming Cloud or other content providers remain the sole responsibility of the user and the respective parties involved. AWG assumes no liability for any content, information, materials, products, or services obtained from third parties or uploaded for utilization on the Claro Gaming Cloud platform.

When utilizing this service, users commit to refraining from utilizing Claro Gaming Cloud in a manner that violates any clauses within the Steam Subscriber Agreement or the End User License Agreement governing its games. Additionally, users pledge not to engage in conduct that undermines the enjoyment of Steam Games. Such prohibited behaviors encompass, but are not restricted to, cheating, harassment, the use of derogatory or offensive language, abandoning games, sabotaging gameplay, spamming, engaging in social engineering, or perpetrating scams.

Claro Gaming Cloud cannot guarantee the proper functioning of games published by Steam Games if the end-user has a different version than the one implemented in the service or has purchased DLCs, expansions, or other additional content. Therefore, the user is responsible for ensuring that their licenses are compatible with the specific version and configuration of the game that the service provides.

Play Epic Games with your own license: Claro Gaming Cloud maintains a selection of Epic Games installed and updated in our cloud infrastructure, ready to be played by the User. This selection of games can only be played if the User has a license for the game on the Epic Games platform, and it is the Users responsibility to have sufficient rights to play such game. Claro Gaming Cloud will ask for your Epic Games Store credentials to validate your license before starting the game. Users are responsible for keeping their own credentials secure for their sole use. Users agree to comply with all terms and conditions of the Epic Games EULA and the Epic Games End User License Agreement.

The availability of Epic Games titles on the Claro Gaming Cloud platform may fluctuate over time. It's important to note that not all Epic Games content, for which users may hold licenses, will necessarily be accessible on the Claro Gaming Cloud infrastructure. Any activities, transactions, or agreements involving users and Epic Games or other content providers are exclusively between the user and the respective provider. AWG assumes no responsibility or liability for any content, information, materials, products, or services obtained from third parties or uploaded for use on the Claro Gaming Cloud infrastructure.

By utilizing this service, users consent to refrain from using Claro Gaming Cloud to violate any clauses outlined in the Epic Games End User License Agreement (EULA), or the End User License Agreement governing games owned by the user. Additionally, users agree not to engage in behavior that detracts from the enjoyment of their games. Prohibited actions include, but are not limited to, cheating, harassment, the use of abusive or offensive language, abandoning games, sabotaging gameplay, spamming, social engineering, or scamming.

Claro Gaming Cloud cannot guarantee the proper functioning of games published by Epic Games if the end-user has a different version than the one implemented in the service or has purchased DLCs, expansions, or other additional content. Therefore, the user is responsible for ensuring that their licenses are compatible with the specific version and configuration of the game that the service provides.

Payment: Users can only subscribe to the service directly from MiClaro, either through the mobile application or the web portal, based on the eligibility criteria set by Claro Colombia. If users meet the eligibility requirements, they can subscribe to CLARO GAMING CLOUD, as defined by Claro Colombia. Users can review the available plans on Claro Colombia's website by visiting: www.claro.com.co

Claro Colombia and AWG reserve the right to review the conditions and pricing outlined in these Terms of Use, and may suspend or terminate the Service or CLARO GAMING CLOUD in accordance with the terms specified herein.

8. DATA PROTECTION

Claro Colombia and AWG comply with the General Data Protection Law 1581 of 2012 and other applicable regulations, including those that may come into effect during the provision of these services, ensuring the proper use and handling of data. Therefore, when the User first accesses and registers on the CLARO GAMING CLOUD platform, they must agree to the Terms of Use and AWG's Privacy Policy, which details, among other aspects regarding privacy and data protection, how the User's personal data will be processed by AWG.

If there are any changes in the way the User's personal data is processed, AWG will inform the User and seek new acceptance. For further information, please refer to AWG's Privacy Policy and Claro Colombia's Privacy Policy.

Should the User wish to update their data, request data deletion, revoke consent, or make any other changes in accordance with current legislation, they should send an email to the following address: privacy@Clarocloudgaming.com.co

Claro Colombia may use personal data to send commercial or promotional communications to CLARO GAMING CLOUD Users who have given their prior express consent to do so by accepting this Term, as outlined in point 11 below.

9. WARRANTIES AND RESPONSIBILITIES

The User must use CLARO GAMING CLOUD in accordance with these Terms of Use. AWG and Claro Colombia shall not be liable for any damages arising from the illicit, improper, or incorrect use of CLARO GAMING CLOUD by the User or any third party.

AWG warrants that the License to use the CLARO GAMING CLOUD platform does not violate any third-party rights, prior contracts, or applicable laws.

Claro Colombia and AWG undertake to execute the controls, improvements, and updates necessary and within their reach to ensure an optimal experience with the service.

Please note the following considerations:

Below is a list of features included in the Claro Gaming Cloud subscription:

WARNING: The catalog of On Demand Titles, Retro Games Titles, F2P Titles or license required Titles is not a featured offer and may vary according to Claro Gaming Cloud product availability and commercial agreements.

Does NOT include access to the following functionalities:

10. COMMUNICATIONS TO USERS

Upon subscribing to the Service, Users expressly consent to receive incentive communications related to the Service, such as via SMS and email, from CLARO. If Users no longer wish to receive such communications, they may unsubscribe by clicking on the link provided at the bottom of the email, following a standard process.

11. MODIFICATION OF THESE TERMS AND DURATION

These Terms of Use remain valid indefinitely, inclusive of any updates or modifications that the Companies may implement periodically at their sole discretion. Whenever there is an update or modification to these Terms of Use, Users will be notified for their awareness and acceptance. Acceptance of the new conditions is required to continue using the CLARO GAMING CLOUD platform.

AWG reserves the right to implement any necessary technical modifications to the CLARO GAMING CLOUD platform without prior notice. This includes the ability to change, remove, or add games available on the platform, as well as alter their presentation or location within the CLARO GAMING CLOUD platform.

12. ACCESS EXCLUSION

AWG retains the right to deny or revoke access to CLARO GAMING CLOUD and/or its services without prior notice, at its own discretion or upon the request of a third party, for Users who violate these General Terms of Use in whole or in part.

13. LEGISLATION AND JURISDICTION

These Terms of Use are subject to local legislation, and any disputes will be resolved according to the jurisdiction of the User's domicile.