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PLATFORMS TERMS OF USE

Last updated: June 23, 2024

These Terms of Use (“Terms”) constitute a legal agreement between Overwolf Ltd. (“Overwolf”, “Company”, “we” or “us”) and you, a user of our Platforms and Services (“User” or “you”) that includes (i) the Overwolf client platform, which is available for download at the Overwolf website located at www.overwolf.com (“Overwolf Platform”); (ii) the Curseforge Application (which also available for download from Overwolf Platform, and shall be referred to as the “Curseforge Application”), the Curseforge website located at https://www.curseforge.com/ (“Curseforge Website”) and any other Curseforge in-game respective services (collectively, “Curseforge”) (iii) any other Application or services that owned and developed by us and distributed and available to access and download through the Overwolf Platform and/or through other of Overwolf’s Sites which are managed and operated by Overwolf (“Sites”). Overwolf Platform, Curseforge, Sites and other services as defined herein shall be collectively referred to in these Terms as "Services". These Terms govern your usage of the Services offered therein (as defined below).

ACCEPTANCE OF THE TERMS: PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING OR USING THE SERVICES. YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTES A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND OVERWOLF. BY ACCESSING, INSTALLING OR USING ANY OF OUR PLATFORMS, APPLICATIONS AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS WELL AS TO USE THE SERVICES OFFERED THEREIN ACCORDING TO THE PROVISIONS SET FORTH HEREIN, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE SERVICES. IN THE EVENT YOU DO NOT AGREE WITH THE PROVISIONS OF THESE TERMS, OR ANY PART HEREOF, YOU MAY NOT USE THE SERVICES, AND UNINSTALL ANY OF OUR PLATFORM OR APPS, WHERE APPLICABLE.

Please note that these Terms govern and apply solely for your usage and access of the Services as defined in these Terms. In case that you are: (i) a Developer of a Application, the engagement with Overwolf and the usage of the Developer Services provided by Overwolf, shall be subject to the Overwolf Developers Terms and Conditions and not these Terms; (ii) a Mod Author of Curseforge Mods, the engagement with Overwolf and the usage of the Mod Author services provided by Overwolf, shall be subject to the Overwolf Mod Authors and Conditions. (iii) a visitor of Overwolf informative website (https://www.overwolf.com/), your access and use of the website shall be governed by the Overwolf Website Terms of Use.

1. AGE LIMITATION AND ELIGIBILITY​

  1. 1.1
    You hereby represent and warrant that you are (i) at least 18 years old and (ii) have reached the age of majority in your state or province of residence and are legally capable and have the power and capacity of entering into a binding contract.  You further represent and warrant that you are not prohibited by any authorized authority, judicial order, or law to enter into any agreement and that your use of our Services does not and will not violate any applicable law or regulation or any obligation you may have to a third party.

2. AMENDMENTS​

  1. 2.2
    The Services are always evolving, so it is important that you periodically check here, as well as the specific rules for any Services in which you choose to participate, for updates. If we revise the Terms, such revision will take effect immediately upon being posted on the applicable sites and/or platforms.
  2. 2.3
    By accessing or taking part in or downloading any of our Platforms, Applications or Services, you agree to review these Terms periodically to become aware of such revisions. If you do not agree to any of the Terms stated herein, you should discontinue using the Platforms or participating in any Services. Overwolf reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Services without notice. Overwolf may also impose limits on certain features or restrict your access or use of the Services, or parts thereof in its sole discretion and without notice.

3. THE SERVICES, LICENSE AND INTELLECTUAL PROPERTY​

  1. 3.1

    Overwolf Services includes (i) softwares (including web based softwares) which integrates and allows the access, use and/or download of “Third Party Applications” (as such terms is defined in section 4 herein) created and developed by third party developers (“Developer”) for third party games (the “Games”), including the Overwolf Platform; and (ii) Softwares (including web based softwares) and Applications, which enabled to access, use and/or download Third Party Mod/s, created and developed by third party Mod Author (“Mod Author”), including the Curseforge Application; and (iii) Apps that were created and developed by Overwolf, which may be accessed and downloaded through the softwares detailed in (i), including through the Overwolf Platform.
    For the purposes of these Terms, the term “Application” or “Apps” shall mean any application created by a Developer for a Game, that can be accessed and downloaded to your device through our Overwolf Platform. The term “Mod” shall mean code, software, a digital item (such as maps, skins and similar) or any custom content which is created by a Mod Author for a Game and can be available for download and use through CurseForge. Mods may be informally referred to also as "add-ons", "maps", “plugins”, ”modpacks” or “packs”, “custom content” and alike, provided that the functionality of such is as described herein.

  2. 3.2
    Overwolf, at its sole discretion, and subject to these Terms, is entitled to determine the features, settings, pricing, or other tools which are available as a part of its Services or modify, correct, amend, update, upgrade, enhance, improve, remove, replace or make any other changes to, or discontinue, or cease, temporarily or permanently, any features or functionalities of the Services, with or without notice, without incurring any liability to you.
  3. 3.3
    Subject to the terms herein, Overwolf grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license for non-commercial purposes, to access and/or install the Overwolf Platform and use any of the Services solely for the purposes set forth herein (“License”). Except as expressly stated under these Terms, we or our licensor/s retain all rights, title ownership, and interest in and to the Services, copyrights and trademarks, images, logos product names, and trade names, to the fullest extent possible under applicable law. We or our licensor/s reserve all rights in and to the Services which are not expressly granted herein.
  4. 3.4
    You acknowledge that all right and interest in the Platforms’ trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications (excluding the Third-Party Applications and Mods and Third Party Advertisement), are our property or the property of third party developers and advertisers, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Platform. Except as expressly granted herein, we retain all right, title and interest in and to our Service, as well as any content provided or made available in connection with the Service (excluding the Third Party Applications and Third Party Advertisement).
  5. 3.5
    If you choose to provide us with suggested improvement, feedback, commentary, ideas, concept or other statements concerning our Platforms and Services (“Feedback”) you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, assignable license to incorporate into the Services and Platforms or otherwise use any Feedback we receive from you to improve the Services. You irrevocably waive any moral rights in such Feedback pursuant to applicable copyright law. You acknowledge that any Feedback is provided on an “as-is” basis with no warranties of any kind.
  6. 3.6
    Under the Digital Millennium Copyright Act of 1998, it is our policy to respond expeditiously to copyright owners who believe material appearing on the Services infringes their rights. Our Copyrights Notice provides clear information regarding any content which is alleged to infringe the copyright of a third party.
    If you believe any of the content, including any part of any of the Platform, infringes your intellectual property rights owned by you or by any third party on whose behalf you are authorized to act, you may submit a copyright infringement notice as further detailed under the Copyright Notice.

4. THIRD PARTY’S CONTENT​

  1. 4.1

    Third Party Applications and Mods. The Services enables you to engage and procure certain services and products, such as Apps, Mods and other tools for Games which are created or distributed by third parties (such as Apps and Mods created by Developer and Mod Authors, respectively). We make best efforts to ensure Third Party Application and Mods that are available to you through our Services are offered to you in accordance with our policies and guidelines, including our Community Guidelines. However, unless otherwise specifically mentioned under the terms of that specific Third Party Application or Mod, Overwolf merely act as an intermediary platform between you and such Third Party Application or Mod, and we do not, in any way, endorse any such Third Party Application or Mod, or shall be in any way responsible or liable with respect to any such Third Party Application or Mod. You acknowledge and agree that regardless of the manner in which& such Third Party Applications and Mods may be offered to you, Your relationship with such Third Party Applications and Mods and use of such Applications and Mods are subject to a separate contractual arrangement between you and the provider of a Third Party Application (the “Third Party Terms”). We are not a party to, or responsible, in any manner, for the compliance by you or by the provider of the Third Party Application or Mods with the Third Party Terms. If you have a dispute with a Third Party, you agree to release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  2. 4.2

    YouTube API We use the YouTube API Services. By using our Services you agree to the YouTube Terms.

  3. 4.3

    Third Party Advertisement. The Services may contain links to third party websites or resources and advertisements for third parties services and offerings (“Third Party Advertisements” and “Advertisers”). Specifically, Overwolf provides Third Party Advertisement to enable Applications and Mods monetization (“Ads Monetization”). Third Party Advertisement will be presented to you: (i) within Applications that applied such an (under their sole discretion) on their Application while you are using it; (ii) On Curseforge Website and Curseforge Application (see also section 6 below). Overwolf makes best efforts to comply with any applicable Ads regulations, best practices and quality, and even uses third party services (e.g. GeoEdge) to improve Ad quality and prevent malicious or unlawful Ads. However, please note that any Third-Party Advertisements or such Advertisers have separate terms of use and policies and are not within our control. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Advertisement and/or the services offered to you by any Third Parties Advertisement or Advertisers. You hereby acknowledge that by using our Services, we shall not be liable or responsible for acts or omissions of any of those Third-Party Advertisements or Advertisers and you release Overwolf from any claim which may arise in relation to such. Further information about the Ad Monetisation and your rights accordingly can be found within our Platform Privacy Policy.

  4. 4.4

    Third Party Links. The Platform, Service and any Third Party Application or Advertisements may contain links to third party websites that are not owned or controlled by us (the “Links”). You acknowledge that we have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and (ii) expressly release us from any and all liability arising from your, and in case of a Customer, all Users’, use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

  5. 4.5

    User Content. The Service (including the Sites and Overwolf Platform) may contain reviews, support articles and widgets, knowledge base articles, integration documentation, blogs, forums, to which Overwolf may allow you, in its sole discretion, to post comments, reviews, and other content created by the users (“Content”). By submitting or posting such Content, you grant Overwolf and its successors a worldwide, non-exclusive, royalty-free, perpetual, sub licensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Services in any media formats and through any media channels, including without limitation, for commercially promoting the Services. You are fully and solely responsible for anything you submit or post to the Services, and represent and warrant that such Content complies with all applicable law, does not infringe third party intellectual property or other rights and shall be in compliance with our policies and guidelines, including but without limiting our Community Guidelines. Such posted or submitted Content shall not be considered confidential and may be disseminated by Overwolf without any compensation to you. This provision shall not apply to personal information that is subject to Overwolf Platform Privacy Policy except to the extent that you make such personal information publicly available on or through the Services.

5. ACCOUNT REGISTRATION​

  1. 5.1

    Registration with a personal account for our Services is optional (“Account”). Your Account allows you to participate in certain Services, subject to the Terms and the Overwolf Platform Privacy Policy. Overwolf reserves the right to refuse to allow a user to open an Account for any reason, or to limit the number of Accounts a User can establish with respect to the Services, all at Overwolf's sole discretion.

  2. 5.2

    You can create an Account for Overwolf Platform and/or for Curseforge and/or Curseforge Application (“Overwolf Account” and “Curseforge Account”, respectively). Overwolf Platform Account and Curseforge Account are separate. To create an Account, you may select a username and password. Your username is your Overwolf and/or Curseforge identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms and common practices. You may not provide false information during the registration process. You must provide truthful and accurate information while creating your Account.

  3. 5.3

    You should not reveal your password to other users. Overwolf will not ask you to reveal your password. If you forget your password, you can request to have your password reset. Your Account is at risk if you let someone use it inappropriately and your Account/s is subject to termination if you or anyone using your Account violates Overwolf Terms. If your Account is terminated or deleted in accordance with Section 5.6 below, you may not join Overwolf again without its express permission and re-registration.

  4. 5.4

    You agree to immediately notify Overwolf of any unauthorized use of your Account or password. You are fully and solely responsible for the security of your computer system and all activity on your Account, even if such activities were not committed by you. Overwolf will not be liable for any losses or damage arising from unauthorized use of your Account or password, and you agree to indemnify and hold Overwolf harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account.

  5. 5.5

    Without Derogating from the foregoing, any Third Party Application and/or services offered and provided by such Third Party/ies through our Overwolf Platform may require you or ask you to open a separate account with such Third Party/ies Applications and services. Without derogating anything from section 4.1 in these Terms herein, each User acknowledges and accepts that any account opened with such Third Party Applications or services, is and shall be subject to their own Third Party Terms, including their Privacy Policies.

  6. 5.6
    Deletion of an Account.
  1. 5.6.1

    Overwolf Account. You may delete your Overwolf Account at any time through the Overwolf Platform. For deleting the Account for your Overwolf Platform, you may access the “Settings” tab, and under the “Personal Info Tab” section select the “Delete Your Account”

  2. 5.6.2

    Curseforge Account. You may delete your Curseforge Account by filing a request here

  3. 5.6.3

    Note, that by deleting either of your Account/s, all relevant information and User data will be deleted permanently and cannot be retrieved.

6. PAYMENTS FOR SERVICES​

  1. 6.1

    Accessing, downloading and using our Services (such as Overwolf Platform or Curseforge) is for no cost. However, as detailed in section 4.3 above and sections 6.2 - 6.3 below, we use Ad Monetization that allows Third Party Applications and Mods (and their respective Developers and Mod Authors) to be compensated for their developed and proprietary Apps or Mods. We also provide additional monetisation solutions for Apps and Mods, as detailed below.

  2. 6.2

    Apps Monetization. Apps (including the Curseforge Application) can be offered to you free of charge or being monetized by using Ad Monetization with Third Party Advertisements (see section 4.3 above), or can be offered to you with a paid Subscription (“Subscription”). Monetization of Apps is subject to the Developer’s choice and in accordance with the Developer’s sole discretion.

  3. 6.3

    Mods Monetization. Mods which are available through Curseforge Website and Curseforge Application are using Ad Monetization which is managed and operated by Overwolf. We may offer You a paid Subscription within the Curseforge Application, subject to the terms and conditions of such Subscription. Some Mod Authors can offer you also certain Subscriptions (Curseforge Pro, for example). Further, Some high-quality Mods developed by Mod Authors for designated third party Games may be available for purchase through designated sources for download which are managed by Overwolf (such as in-game, or within game consoles)(“Premium Mods”).

  4. 6.4
    General terms for Subscriptions.
  1. 6.4.1

    All Subscriptions that are offered within our Services are made by third parties payment providers (“Payment Provider”) through a link provided by the Third Party Applications and in accordance with their choice. Subscriptions that are managed by Overwolf, are processed by either of the following Payment Providers: PayPal, Xsolla and Tebex. Overwolf may add or change Payment Providers in its sole discretion. Any payment for a Subscription shall be subject to the terms and conditions of the relevant Payment Provider. You may be required to open an account with the Payment Provider (such as with Tebex). Opening an account and/or making payments with Payment Provider/s is subject to their own applicable terms and conditions and privacy policy. We do not process any payments. You hereby acknowledge that you have read and accepted the applicable terms of the relevant Payment Provider. Overwolf is not and shall not be liable for any acts or omissions by such Payment Providers which will be governed exclusively by the agreement between you and the Payment Provider.

  2. 6.4.2

    Third Party Application or Mods, have the sole discretion to determine the terms of the Subscription offered and the manner it will be provided, including: content, price, periodic and/or auto-renewal. You should read carefully the terms and conditions of the specific Subscription offered to you by Third Party Applications or Mods.

  3. 6.4.3

    In the event of auto-renewal Subscription, You will be automatically charged periodically with the applicable payment in accordance with the Third Party Application terms (monthly, annually etc.,)(“Subscription Period”). Subscription Period will be calculated from the date of actual payment is processed.

  4. 6.4.4

    Subscription made through a Payment Provider in accordance with section 6.4.1 above, can be managed through your Account and/or your Third Party Application account or through the Payment Provider account in accordance with their terms and conditions and policies. Without derogating, you may terminate your Subscription at any time. If you wish to manage or terminate a Subscription you may do so by either: (i) accessing the subscription management settings tab within the Third Party Application, where you will be directed to your Payment Provider account to manage your Subscription, including termination; or (ii) under the Overwolf Platform settings go to “Subscriptions” and click “Don’t Renew” (this option will be applicable for Xsolla and Paypal Payment Providers only). Following termination of Subscription, you will continue to receive the benefits in connection with the Subscription until the end of that Subscription Period and the Subscription will end at the end of that month. Further details about the Subscriptions, including how to terminate a Subscription can be found in our Subscription FAQ available here. Note, Overwolf is not and shall not have any control and/or liability for the management and/or cancellation and/or termination thereof of Subscriptions which were not conducted through the Payment Providers detailed in section 6.4.1 above or managed by Overwolf.

  1. 6.5

    General terms for Premium Mods. Purchase of a Premium Mod will be subject to specific terms of such Premium Mod and/or the Game. When you purchase a Premium Mod, you agree to the terms of use and/or other terms of the respective Payment Provider that your payment is being processed through (such as Tebex, or the respective Payment Provider). All Premium Mods are provided “as is” without any warranty. Every purchase, sale, and trade of Premium Mods shall be final and non-refundable, unless otherwise determined by us, by Tebex and/or the respective payment provider and/or the Game, whose respective terms shall govern the purchase of the Premium Mod. In the event that a cancellation or a refund is available, we will provide you with the terms of eligibility and how to request the refund as part of the Premium Mod purchasing documentations. Without derogating or contradicting any such applicable terms, you hereby acknowledge and agree that purchased Premium Mods have no monetary value and do not constitute actual currency or property of any type. The Premium Mods may never be sold, transferred, traded or exchanged through any legally acceptable payment method, goods or other items of monetary value from us or anyone else.

  2. 6.6

    You are solely responsible for any taxes on amounts you may pay or obtain through the Services. Overwolf will deduct applicable charges and taxes from any payable amounts, as required by law.

7. REPRESENTATIONS, WARRANTIES AND ACCEPTABLE USE POLICY​

  1. 7.1

    You hereby warrant that: (i) you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; (ii) you are of legal competence to enter into these Terms (see section 1.1 above); (iii) you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms; (iv) you will install the Overwolf Platform and use the Services only in accordance with our instructions; (vi) you will use the Services in full compliance with all applicable laws, rules and regulations.

  2. 7.2

    Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Services or the Platform to any third party; (ii) circumvent, disable or otherwise interfere with security-related features of the Services, Platform or features, including features that are intended to prevent or restrict use or copying of any content or that are intended to impose or enforce limitations on the use of the Services or the Platform; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of the Services or the Platform or any components thereof, or create any derivative works of the Services or the Platform, or any part thereof; (iv) use any robot, spider, crawler, scraper, or other automated means to access or monitor the Services or Platform for any purpose, or to copy, access, collect, download, or otherwise obtain data, content (including the Content) or other information from the Services or the Platform; (v) take any action that imposes or which we determine, in our sole discretion, may impose an unreasonable or disproportionately large load on the infrastructure which supports the Services or the Overwolf Platform; (vi) interfere or attempt to interfere with the integrity or proper operation of the Services; (vii) remove, deface, obscure, or alter our identification, attribution or copyright notices, marks, or other proprietary rights affixed to or provided as part of the Services or Platform, or use or display logos of the Services or Platform without our prior written approval; (viii) use any of our Marks without our prior written consent; (ix) use the Services or the Platform in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose (including without limitation third-party defamation), or in breach of these Terms, any terms and conditions of any third-party product or service you use, or any agreement you have entered into with any third party; (x) submit any information, that we subject to our sole discretion believe is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, or not your own; or (xi) impersonate another individual.

8. DISCLAIMER​

THE OVERWOLF PLATFORM AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, SUITABILITY, MARKETABILITY, INCOMPLETENESS, APPLICABILITY, RELEVANCE OR SERVICE LEVEL. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM IS OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE PLATFORM WILL BE FREE OF ANY ERRORS OR BUGS, OR THAT THE COMPANY WILL TAKE ACTIONS IN ORDER TO CORRECT THOSE ERRORS. THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM TECHNICAL ISSUES IN THE PLATFORM OR SERVICES, AND SPECIFICALLY IN THE THIRD-PARTY MANAGEMENT TOOLS, TO THE USER OR ANY THIRD PARTY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM OR THE SERVICES WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT SPECIFIC TIME. IN ADDITION, THE COMPANY HAS NOR RESPONSIBILITY OR LIABILITY FOR DAMAGES OR ERRORS, FROM ANY KIND, RESULTED FROM THE THIRD-PARTY MANAGEMENT TOOLS OR DUE TO THEIR INTEGRATION THROUGH THE PLATFORM. THE USER’S USE OF THE PLATFORM OR SERVICES IS AT THE USER OWN RISK AND RESPONSIBILITY. IT IS HEREBY CLARIFIED THAT ANY THIRD-PARTY APPLICATION, LINKS OR ADVERTISEMENTS ARE NOT OWNED, AFFILIATED, ASSOCIATED, AUTHORIZED, OR ENDORSED BY US, AND WE ARE NOT IN ANY WAY OFFICIALLY CONNECTED WITH THESE THIRD-PARTY APPLICATION, LINKS OR ADVERTISEMENTS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY USE OF OUR PLATFORM AND SERVICES IN CONJUNCTION WITH THESE THIRD-PARTY APPLICATION, LINKS OR ADVERTISEMENTS IS UNDERTAKEN SOLELY AT THEIR OWN DISCRETION AND ENTAILS COMPLIANCE WITH BOTH OUR TERMS, AND THE RESPECTIVE TERMS, POLICIES, AND REGULATIONS OF THE SPECIFIC THIRD-PARTY APPLICATION, LINKS OR ADVERTISEMENTS.

9. LIMITATION OF LIABILITY​

YOU HEREBY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT FROM THE USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AND AGGREGATE LIABILITY SHALL NOT EXCEED 50$ US. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

10. UPDATES, UPGRADES AND CHANGES​

We reserve the right, at any time, to perform any revisions to the Platform and the Services, including any change, upgrade or update of any feature available therein (“Revisions”). Overwolf is not obligated to provide any notice regarding such Revisions, in advance or otherwise and shall not be liable for any damages or any other effect resulting from the Revisions. Please note that such Revisions might be automatically installed.

11. INDEMNIFICATION​

  1. 11.1

    You agree to defend, indemnify and hold harmless Overwolf and its affiliates, and respective officers, directors, employees and agents from any third-party claims, damages, liabilities, and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services does not comply with these Terms including negligence and wrongful act; (ii) abusing or infringing third party rights through the Services and Platform; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services and Platform.

  2. 11.2

    You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any users of the Services, or any Third-Party Application, Links and Advertisements.

12. TERMINATION​

  1. 12.1

    You may terminate this agreement and your use of the Services and access thereto at any time. If you wish to terminate your use of the Services, you may do so by: (i) simply stopping using the Services and/or deleting the Overwolf Platform; (ii) deleting your Account in accordance with section 5.6 above; or (iii) if you have a Subscription, you may terminate such Subscription in accordance with the Subscription terms as detailed above.

  2. 12.2

    We may terminate this agreement, your access to all or any part of the Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Services. We may change, modify, suspend, or discontinue any aspect of the Service at any time without notice to you and without any liability to you whatsoever in connection therewith, unless otherwise required to do so under applicable law, in which case we will make a reasonable effort to inform you of any significant and substantial changes to the Services that will significantly affect you.

  3. 12.3

    Upon the expiration or termination of agreement, all rights and licenses granted under these Terms shall immediately terminate, and you shall cease your use of the Services. All sections detailed herein, which by their nature are intended to survive termination shall survive termination or expiration for any reason.

13. OUR PRIVACY PRACTICES​

We respect our users’ privacy rights. Please review our Privacy Policy before using the Platform and Services. Our Privacy Policy is an integral part of these Terms and incorporated herein by reference. We encourage you to periodically review our Platform Privacy Policy.

14. DISPUTE RESOLUTION​

These Terms shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law. Any dispute, claim or controversy arising out of, connected with, or otherwise relating to these Terms and your use of the Platform or Services will be subject to the exclusive jurisdiction of the competent court in Tel-Aviv, Israel. The limitation in respect to any claim to these Terms, the Platform and Services shall be limited to twelve (12) months as of the relevant claim, and will be permanently barred afterwards.

15. MISCELLANEOUS​

These Terms constitute the entire understanding between you and Overwolf regarding your use of the OW Platforms and Services. If any part of these Terms is determined to be invalid or unenforceable, such determination shall not affect the remaining provision, which will remain valid and in full force. You may not assign or transfer any of your rights under these Terms. Overwolf may assign its rights and obligations under these Terms to any third party at its sole and absolute discretion. In no event a failure of Overwolf to enforce any rights or to take action shall be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. In no event Overwolf shall be deemed in breach of these Terms if Overwolf is unable to provide the Platform, the Services or any part thereof.

16. CONTACT INFORMATION​

If you have any questions, please contact us at:

Kontaktieren Sie uns
Overwolf, Ltd.
Per E-Mail: support@overwolf.com.
Per Post:Sapir Tower, 40 Tuval St. Ramat Gan, Israel, 5252247.