GENERAL TERMS AND CONDITIONS OF USE

v. June 2024

The Website is published by DIGITAL GLOBAL PASS ("DGP") whose contact details are set out in the "Publisher Information and User Service" menu. By accessing the services offered at https://www.fuzeforge.ch/, which may be accessed via mobile Internet (the “Website”) customers unreservedly accept these provisions (the “GTCs”).

All of DGP’s commitments in terms of personal data protection, the rights you have in this respect and the conditions under which your personal data are collected, processed, stored and archived are available on the Website or by clicking here.

The GTCs are drafted in French and German and are available online from the Website. DGP reserves the right to amend its GTCs.

Article 0 – Definitions

Subscription:means the subscription to the Service for a weekly period, tacitly renewable for periods of the same duration, taking effect from the day of subscription by the User.

GTCs: means these general terms and conditions governing the Service.

Content:means the Esport mobile, HTML, PC and video games offered to Users on the Service. On-demand videos are intended to be streamed on their Fixed and Mobile Device as part of the Service on their Terminal.

Service: means the Content package offered by DGP to Users accessible on the Website in the context of a Subscription.

Website: means the https://www.fuzeforge.ch/ website, the application and/or the promotional web pages (“landing page”) published by DGP on which the Content is offered.

Promotional material(s): means the materials on which DGP promotes its Service. These may include newsletters, websites, web pages and mobile banners.

Device: refers to Fixed Devices and Mobile Devices.

Fixed device: means any fixed device, present or future, connected to a radio/electrical telecommunications network, including in particular any compatible connected computer (PC, MAC, etc.) or TV enabling access to the Service.

Mobile device: means any mobile device, present or future, connected to a radio/electrical telecommunications network, including in particular any compatible smartphone or connected tablet enabling access to the Service.

User(s): means the person(s) who subscribed to the Service.

Article 1 – Purpose

The GTCs set out the conditions under which the Services presented on the Website are offered to Users. As part of the Subscription to the Service, as defined in Clause 3 of these GTCs, the Service offered on the Website grants Users unlimited streaming access to the Content for fixed and mobile devices.

Article 2 – Key features and access to the Service

DGP may update the composition of the Content offered as part of the Service, in terms of volume and kind, at its sole discretion.

Users who wish to subscribe to the Service must either click on an advertising banner in order to be redirected to a landing page or go to the Application and click on the Content they wish to view.

If the User is connected via 3G, 4G, 5G or WIFI, they must enter their telephone number. They will then receive an SMS to which they must reply in another SMS to then validate their Subscription. They then receive SMSs from their Operator and DGP confirming their Subscription and informing them of their username and password.

If the User is not recognised on the solutions described above, they must then follow the instructions provided on the application and/or the Landing Page and enter their bank card details.

Once their Subscription request has been confirmed, the User will be able to directly access the Content via their account and may view the Content included in the package they have subscribed for.

Access to the Content is delivered electronically via the Internet or on the networks of Telecommunications Operators.

In the event of non-receipt, DGP may not under any circumstances be held liable if these terms and conditions have not been complied with, as it does not control either the Internet network or the User's computer and telephone installation. Users are responsible for checking the Content upon receipt.

Access to and use of the Service requires the use of equipment, such as computers or mobile devices, means of communication (such as Internet access) and software. The cost of such equipment and the communication costs incurred in connection with its use are to be borne solely by the Users.

In the event that Users access the Service from their place of work using a work-related device, they must obtain their employer or line manager's authorisation.

Users must be of legal age to access the Service. DGP shall not be held liable in the event that the Service is used by Users in breach of this rule. Consequently, minors must obtain authorisation from their parents (or persons with parental authority over the minor) before ordering the Content accessible via this Website.

Article 3 – Price and payment terms for the Services under the subscription

3.1. Prices

The rates applicable to the Service are set out on the Website and are accessible in the “Pricing Terms” menu. They include VAT. Any change in the applicable VAT rate shall be automatically reflected in the price of the Service on the date set out in the regulations.

The rate indicated does not include any additional cost related to the consumption of data generated by browsing the Website, invoiced by the Operator.

3.2. Changes to the price and subscriptions

We reserve the right to change the rates applicable to Subscriptions. In this case, DGP informs the User at least thirty (30) days prior to the effective date of any change in the pricing of your Subscription. If the User does not wish to accept the change to the Subscription pricing, they may terminate their Subscription prior to the effective date of such pricing changes as specified in Article 6 of these GTCs. Termination only takes effect at the end of the billing period in progress.

3.3. Means of payment

The Subscription shall continue until terminated. To use the Service, the User must have access to the Internet and provide one or more means of payment. A “means of payment” means a current, valid, accepted method of payment, which may be updated from time to time and which may include payment via a third-party account. Payment for the Subscription shall be debited from the invoice of the User's telecommunications operator or by bank card for Subscriptions taken out via the payment solution. In the absence of termination before the billing date, the User authorises DGP to invoice the subscription fees for the next billing cycle via the payment method used.

3.4. Evidence of transactions

Electronic records retained by DGP shall constitute valid evidence of the existence of communications between the Parties and any use of the Services in connection with a Subscription made on or via the Website. Similarly, the data recorded by the payment system used and chosen by the User(bank or payment or other institution), constitutes evidence of all financial transactions between the User, DGP and the institution in question.

For more information, the User is invited to refer to the provisions relating to this subject in the “Pricing Terms” menu.

3.5. Cooling-off period

Pursuant to Article L.221-18 of the French Consumer Code, we hereby inform Customers and Users that they have a period of fourteen (14) clear days from acceptance and subscription to the Service in which to exercise their right of withdrawal without having to provide reasons or pay penalties, with the exception of return fees, where applicable.

The period of fourteen (14) days starts from the date on which the agreement is entered into.

To exercise the right of withdrawal, Users must notify us of their decision clearly and unambiguously as soon as possible as follows by:

• by email: fuzeforge.ch@silverlines.info

Or by

• letter sent to the following address (does not require a postmark):

Service Client Libre Réponse 94119 - 13629 Aix en Provence cedex 1

Users must provide the following information in their request for the request to be processed:

- their full contact details (surname, first name, postal address, email address);

- the name of the relevant service;

- the purpose of the request;

- the User's telephone number and/or email address entered at the time the subscription was taken out;

- the method of payment used;

- bank account details.

An acknowledgement of receipt will be sent to the User by email upon receipt of their cancellation request.

In the event that the User cancels this agreement, we shall reimburse all payments received from the User within fourteen days from the date on which the Company is informed of the cancellation decision.

Article 4 – Conditions for viewing the Content

The Service is available in Switzerland. In the context of using the Service, the User undertakes to respect the rights of third parties and to comply with the provisions of the GTCs and the laws in force. In particular, the User undertakes:

• to provide truthful, accurate, up-to-date and complete information about themselves;
• not to use the Service for professional, commercial or non-private purposes;
• not to contravene any civil or criminal rule;
• not to disseminate information or content that causes the Service to malfunction, such as software, viruses, logic bombs, etc.

4.1. Period of validity of access to view the list of Content within the framework of the Subscription

The Subscription grants the User unlimited access to the Content on all media and/or the right to download one or more pieces of Content via the Application.

The Service consists of Content selected at the discretion of DGP, which may update the composition of the Content offered on the Service, in terms of volume and kind, at its sole discretion.

4.2. Subscription term

The Subscription is entered into for weekly periods and is tacitly renewable for a subsequent period of one week until terminated by the User under the conditions set out in Article 5.5 hereof.

Article 5 – Liability of DGP

5.1 Use of the Website

In the context of the provision of the Service, DGP is subject to an obligation of means. DGP gives no warranties, either express or implied, and assumes no responsibility for the use of the Website.

The Website may contain images and links to websites managed by third parties (“Third-Party Websites”). DGP has no control over Third-Party Websites and shall not be responsible for their content or for the content of links included on Third-Party Websites or any modifications or updates made to Third-Party Websites. DGP is not responsible for the dissemination on the Web or any other form of transmission received from a Third-Party Website, or for any malfunction of a Third-Party Website. These links are provided by DGP for convenience only, and the inclusion of any link does not mean that DGP approves the content of such websites and does not imply any association between DGP and the websites’ operators. Users are responsible for reading and complying with any privacy charters displayed on the Third-Party Websites and their terms of use.

5.2 Use of the Service

DGP may not be held liable in the event of acts caused by or carried out by Users, acts carried out by third parties or events of force majeure. Exceptional bad weather, natural disasters, fires, floods, lightning, power surges, terrorist attacks, strikes, network and payment operator failures, computer viruses and any force majeure or unforeseeable event within the meaning of Article 1148 of the French Civil Code are considered to be force majeure events.

DGP shall implement the resources necessary in order to provide its Service. It may not be held liable for any technical issue external to its Service, any electronic communication issues caused by the User’s internet service provider or mobile operator or the User’s terminal or computer, any issue caused by any technical reason, such as curative or preventive maintenance, the interruption or deterioration of networks, or that affects the availability of the Service. Furthermore, DGP may not in any circumstances be held liable in the event that updates are required in order for the Website to properly function, or in the event of delays in sending and/or receiving messages exchanged between Users in connection with the Services. DGP reserves the right to temporarily suspend access to the Services for maintenance and repair work on the Website.

5.3 Information and content provided by Users

Users are solely responsible for the consequences of the information and content provided by the User being disclosed. Users also waive any recourse against DGP based on any infringement of their image rights, honour, reputation or privacy, resulting from the dissemination or disclosure of information about them on the conditions provided for herein, in particular under the article entitled “Right of access and personal data protection”, to the extent that the User has previously, freely and explicitly consented to such disclosure as a result of registering with the Service and pursuant to these terms and conditions of use.

DGP may not be held liable for (and for any consequences of) the accuracy or inaccuracy of the information and content provided by Users.

ARTICLE 6 – Responsibility of the User

Users undertake to provide complete and accurate data during the Subscription procedure.

Users are informed that in the event of an incorrect or omitted selection or information on their part, or non-compliance with the Subscription procedure, the User will be charged for the price of the Service, even if their email address has not been duly entered or is inaccurate or if the User's Device cannot read the chosen Content or cannot download the Content or the Entertainment Content.

Users are solely responsible for the use they make of their mobile phone line and their access to the Internet. Consequently, any subscription to the Service made through their mobile phone line and/or Internet access and/or mobile Internet is deemed to have been made by the User exclusively.

Users are authorised to subscribe to the Service and to stream Content on Android and IOS Applications and Fixed Devices, or to download Content on Android Applications and Fixed Devices via the Fuzeforge Software, for their personal use only. Users are expressly prohibited from using the Service for professional, commercial or promotional purposes.

Users are also not allowed to:

• assign, transmit or transfer reproductions of the Content or Entertainment Content, or assign, propose, make available or rent out the Content or Entertainment Content, by any means whatsoever;
• publish, online or otherwise, or distribute any image, sound, file, graphic, animation or any other element of any Content or Entertainment Content,
• use the Service in a way that may directly or indirectly infringe the intellectual property rights of DGP or a third party, which may in particular violate or infringe the honour, personal or family privacy or the image of third parties, or morality,
• extract by permanent or temporary transfer all or a quantitatively or qualitatively substantial part of the Content or Entertainment Content or the database comprising the Service onto another medium, by any means and in any form whatsoever, or the reuse by communication to the public of all or a quantitatively or qualitatively substantial part of the Content or Entertainment Content, in any form whatsoever,
• attempt to perform any of these acts.

Article 7 – Term and Termination

The Subscription is taken out for a fixed period which begins on the day the User takes out their Subscription on the Website and ends on the end date of the price offer subscribed for in accordance with the provisions of the "Pricing Terms" menu and the package subscribed for. The Subscription will be automatically renewed at the end of the initial billing period for a period equivalent to that initially subscribed, unless the Subscription is terminated in accordance with the terms and conditions of termination set out below.

The User may terminate their Subscription at any time and will continue to have access to the service until the end of the billing period. Payments are non-refundable and DGP does not grant any refund or credit for periods of partial use, or for any unused content. To terminate their Subscription, the User must access the “Account” page and follow the instructions. If the User terminates their Subscription, their account will be automatically closed at the end of the billing period in progress.

Article 8 – Intellectual property rights

The trademarks, whether or not figurative (together, the “trademarks”) displayed on this Website or in any newsletter are trademarks, whether or not registered, that belong to DGP and third parties. Any reference to the trademarks on this Website does not in any way implicitly or explicitly constitute an assignment of any right to use the trademarks, a licence or any authorisation relating to those trademarks without the written consent of DGP or the relevant third party. Any use that is not explicitly authorised by the holders of the trademarks referred to on the Website and in its content, other than any use permitted hereunder, is strictly prohibited.

Furthermore, Users acknowledge that the Service (including the user interface, the editorial content and the scripts and software used to provide the Service) contains protected information and data that belongs to DGP and/or its licensors and that is protected by intellectual property laws, including copyright laws. Similarly, and more generally, all content, such as logos, graphics, photographs, animations and text contained on the Website and in the Services, is the intellectual property of DGP or its partners and may not be reproduced, used or represented without the express authorisation of DGP or its partners, with unauthorised use subject to legal proceedings.

The usage rights granted by DGP to Users are restricted to private and personal use in connection with and for the duration of their use of the Services. Any other use by the User is prohibited without the consent of DGP.

In particular, the User may not modify, copy, reproduce, download, distribute, transmit, commercially exploit and/or distribute in any way whatsoever the Services, the pages of the Website or the computer codes of the elements comprising the Services and the Website.

Article 9 – Cookies

Users are invited to refer to the cookie policy accessible on the Website.

Article 10 – Complaints

Any complaint sent by Users to DGP may only relate to the 12 (twelve) months preceding the date on which that complaint is received. It must be submitted in writing and sent either by post to the following address: Service client - Libre Réponse 94119 - 13 629 Aix en Provence 1 – France (the letter does not require a postmark) or by email to: fuzeforge.ch@silverlines.info

DGP shall not be required to take account of requests sent to it using any other methods. To be taken into account, the request must include at least the following information:

- their full contact details (surname, first name, postal address, email address);

- the name of the relevant service;

- the purpose of the request;

- the User's telephone number entered at the time the subscription was taken out;

- the method of payment used;

- a copy of the detailed invoice issued by the payment operator;

- bank account details.

Article 11 – Agreement between the Parties

The GTCs are a contract governing the relationship between DGP and the User. They cancel and replace all previous provisions and set out all the rights and obligations of the User and DGP under this agreement.

If any of the parties chooses not to invoke a breach by another party of any of the obligations set out in these GTCs, it shall not be deemed to have waived its rights in respect of that obligation in the future.

If any of the provisions of these GTCs is held or declared to be invalid under any law, regulation or pursuant to a final decision of a competent court, the other provisions shall remain in full force and effect.

Article 12 – Disputes

These GTCs shall be governed by French law.

In the event of a dispute (in respect of which only French courts shall have jurisdiction), Users must first contact DGP to seek an out-of-court resolution.

Under the provisions of the Consumer Code on the mediation of consumer disputes, Users have the right to use the mediation service offered by DGP free of charge. The proposed "consumer law" mediator is SAS MEDIATION SOLUTION.

After first writing to DGP, this mediation mechanism may be used for any consumer dispute that has not been satisfactorily settled by contacting the mediator as follows:

- the website: https://www.sasmediationsolution-conso.fr

- electronically: contact@sasmediationsolution-conso.fr

- or by post: MEDIATION SOLUTION – 222, chemin de la bergerie 01800 SAINT JEAN DE NIOST

In the event of a dispute concerning the interpretation, performance and/or validity of these GTCs that is unable to be settled out of court, the statutory rules on jurisdiction shall apply.

Article 13 - General provisions

The parties agree that their relationship shall be governed exclusively by these GTCs.

Annex I: Cancellation form

(Please complete and return this form only if you wish to withdraw from the contract)

— For the attention of Service Client DGP Libre Réponse 94119 – 13629 Aix-en-Provence:

— I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the item (*)/for the provision of the service (*) below

— Ordered on (*)/received on (*)

— the name of the relevant service

— User’s surname and first name

— User’s postal address and email address

— User's phone number and/or email address entered at the time of subscription

— the method of payment used

— bank account details.

— User’s signature (only if this form is drawn up on paper to be sent to the following address: Service Client Libre Réponse 94119 - 13 629 Aix en Provence cedex 1, France (no postmark required)

— Date(*) Delete as appropriate.