Terms of Use

NVIDIA GeForce NOW, including associated software, materials and services (“GFN”) is a cloud-based service that allows users to use a virtual PC to play through a subscription from an Internet-connected device.

These terms are a legal agreement between you and ABYA Corporation (“ABYA”) regarding the use of GFN. By registering or using GFN, you affirm that you have read and agree to these terms.

These terms can only be accepted by a person of legal age of majority in the country where GFN is used. If you are a minor, you must ask your parents or legal guardian to accept these terms. If you are not old enough to accept these terms or do not agree to all the terms and conditions below, do not use GFN.

By accepting these terms you also declare that you have read and accepted the terms of use of GeForce NOW from NVIDIA Corporation. This document can be found at the following link: https://www.nvidia.com/en-us/geforce-now/terms-of-use/

1 LICENSE

1.1 Grant

Subject to these terms, ABYA grants you a non-commercial, personal, non-exclusive and non-transferable license to access and use GFN during the service period through a compatible device, one session at a time, so that you can enjoy the video games. The list of GFN compatible devices is available on the GFN Latin America websites (https://abya.com/gfn).

1.2 GFN Service Providers

The GFN service may be provided to you by ABYA, NVIDIA, or an authorized ABYA partner, and the party providing the service will determine the details of the offering, the terms, and membership fees that apply to your use of GFN and the payment terms. All transactions with an ABYA partner are solely between you and the ABYA partner. ABYA expressly disclaims any liability for such transactions, and you agree that your sole remedy regarding such transactions (including GFN charges and bank related charges) is from or through the ABYA partner. If an ABYA partner provides the GFN service to you, you agree that ABYA and ABYA partners will share information about your use of GFN and the payment of applicable fees.

1.3 Performance

There are a number of factors that may affect the use of GFN, may impede or interfere with the ability to start or continue the use of GFN or certain content, or that may result in the loss of data, such as, for example, games saved; and you understand that ABYA is not responsible for the following: (a) any factor or circumstance beyond ABYA's reasonable control, including problems with your device, telecommunications, firewall, your service providers, or the public Internet; (b) the type of device you use, your location, the available bandwidth or the speed of your Internet connection, and in some cases ABYA or an ABYA partner may decrease the resolution and bitrate of the content streamed to you in an effort to provide a better user experience; or (c) other reasonable technical reasons, errors, demand for a service, or bandwidth constraints.

2. CONTENT

2.1 Content

ABYA or an ABYA partner rents you a virtual PC for gaming, and it is your responsibility to have sufficient rights to use the content (i.e. third party video games or DLC (downloadable content)). Some content may only work on certain types of devices. Not all the content you have may be usable when streaming from GFN. Content purchased from a digital store on GFN may not be available to stream from GFN. The availability of content on GFN may vary over time, for example: the terms of service providers or game publishers may change, content may not be available on ABYA and each ABYA partner alike or in certain geographies or languages , and content previously available in GFN (including saved games) may become unavailable later on GFN. When you obtain content, either through GFN or independently, the content provider may require you to agree to their terms, open a user account, or may charge you for the content.

From time to time, you may find content from a content provider that is available through ABYA or an ABYA partner at no charge to certain users, based on territory, device, membership plan, or other promotional criteria. Promotional offerings may last a limited time and may change or end without notice. The activities and transactions between you and a content provider (for example, content settings, usage, purchases, and related advertising), even taking place through GFN, are solely between you and the content provider. ABYA does not endorse or assume any responsibility for any content, information, materials, products or services that users receive from other parties or upload for use with GFN.

2.2 Content for different ages

You acknowledge that in GFN you will have access to content rated for different ages, and it is up to you to set the filters for your permitted users to use age-appropriate content. You must follow the age rating rules and laws of your country.

2.3 Content management

You acknowledge and agree that ABYA may, but is not obligated to, block, monitor, analyze or review communications or content transmitted through GFN and that ABYA reserves the right to stop communications or remove content as described in section 10. ABYA accepts no responsibility or liability for content of third parties (from content providers or yours), regardless of whether such content is transmitted to you or by you in breach of these terms.

3. LIMITATIONS

3.1 You may not use GFN or upload content to GFN, for any purpose other than that described in section 1 and as permitted by the laws, regulations and guidelines of your place of use.

3.2 It is not permitted to copy, sell, rent, sublicense, transfer or distribute any portion of GFN, nor use GFN for commercial purposes, virtual item mining, botting or farming, character level-up botting or for crypto currency mining.

3.3 It is not permitted to reverse engineer, decompile, disassemble, modify, create derivative works, or remove copyright or other proprietary notices from any portion of GFN.

3.4 It is not permitted to misuse, disrupt or exploit the servers of GFN, ABYA or NVIDIA for any unauthorized use, nor to attempt accessing areas or downloading software or materials not intended for users (including the use of GFN to access unauthorized third-party sites), or upload any type of malware (such as viruses, drop dead device, worm, trojan horse, trap, back door or other software routine of such nature) to ABYA or NVIDIA servers, or disturbe the use and enjoyment of GFN by other users.

4. PRE-RELEASE SERVICE and FEATURES

GFN features or versions may be identified as alpha, beta, preview, or otherwise in pre-release phase; these services may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided ABYA software, materials, and services. Using a pre-release version can lead to unexpected results, such as loss of use or loss of content. You can use a pre-release version at your risk and stop at your convenience.

5. OWNERSHIP

GFN, including all intellectual property rights, is and will remain the sole and exclusive property of NVIDIA, ABYA or their partners. Unless expressly granted in these terms, ABYA and NVIDIA reserve all rights, interests and remedies in connection to GFN. You agree to cooperate with ABYA and NVIDIA and provide reasonably requested information to verify your compliance with these terms.

6. UPDATES

ABYA may change, discontinue or deprecate any part, or all, of GFN, or change or remove the features, functionality or content (including games) available, and your continued use of GFN will be deemed as acceptance of such changes. In addition, you agree to receive automatic maintenance, updates or upgrades without prior notice and you permit ABYA to download and install them for you. GFN may be temporarily unavailable, inaccessible or slow when ABYA carries out maintenance or upgrades, or at other times for reasons not within ABYA’s reasonable control.

7. LOGIN INFORMATION

You are responsible for keeping your login information secure for your exclusive use and for your account’s activities. You agree to notify ABYA of any unauthorized use of your ABYA account.

8. IMPORTANT SAFETY AND HEALTH NOTICE

ABYA is confident that you will find GFN enjoyable. However, for some individuals under certain circumstances, the use of GFN (or the content in GFN) could have harmful effects on their health or safety. As an example, a very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Additionally, you should stop using GFN (or content on GFN) if you experience health problems or symptoms including (but not limited to) lightheadedness, dizziness, pain or other discomfort, and consult your doctor when appropriate. You are responsible for managing health risks and deciding whether or not it is appropriate to use GFN. ABYA is exempt from all responsibility in the event of damages, losses, costs and expenses derived from these risks.

9. THIRD PARTY SOFTWARE

GFN may include or be distributed with third party software licensed by an ABYA vendor or open source software provided under an open source license. Use of third party software is subject to the third party's license terms, and in the event of a conflict with these terms, the third party's terms will govern.

10. SUSPENSION / TERMINATION

ABYA may suspend or terminate your right to use GFN, or content on GFN, at its discretion, including, but not limited to, non-payment of applicable fees or if ABYA reasonably suspects or determines that your use does not comply with these terms, the rights of others, or applicable laws and regulations.

ABYA may investigate violations of these terms or misuse of GFN and may report activities to law enforcement, regulators or other parties.

All provisions of these terms that by their nature must survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers , and limitations of liability.

11. DATA COLLECTION

You hereby acknowledge that in order to use GFN and depending on your privacy preferences, GFN may access and collect data in order to: (a) properly configure and optimize the device on which GFN is installed for use with the device ; (b) provide content or services through GFN; (c) improve ABYA and NVIDIA products and services; and (d) provide automatic updates.

To improve the performance and quality with which GFN streams games to your machine and to run and update software and materials on your device, ABYA and NVIDIA will need to process system data such as software version numbers, geographic region, internet speed, games played, session data and system information like CPU, GPU, device serial number and system memory.

If you choose to share technical data of your device to help ABYA detect and correct errors or improve the quality of services, you will share information about devices and accessories, software (including settings, usage and the quality with which they run), feature usage, error logs and geographical information. If you decide to participate in the recommendations, ABYA can inform you of games, applications and rewards that you may enjoy.

If an ABYA partner provides your GFN service, ABYA may share your usage and quality data with their partners so they can better serve you.

ABYA will collect, use and disclose all data in accordance with the ABYA Privacy Policy available here.

GFN may contain links to services and websites. ABYA does not endorse or assume any responsibility for any third party website, product, service or information. If you access a third party website or service, including (without limitation) those of ABYA's partners, you do so at your own risk and understand that these terms and the ABYA Privacy Policy do not apply. ABYA invites you to examine the privacy policies of the sites and services you decide to visit to understand how they collect, use and share your personal data.

Depending on your membership plan, you will experience third-party advertisements while using GFN. ABYA neither endorses nor sponsors any products or services advertised and assumes no responsibility for the offerings of advertisers. Your interactions with advertisers are entirely optional and at your own risk. You acknowledge that ABYA is not responsible for any damages that may occur as a result of such interactions.

12. NO WARRANTIES

ABYA PROVIDES GFN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. ABYA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NO WARRANTIES ARE MADE BASED ON COMMERCIAL USE, TREATMENT PROCESS, OR COMMERCIAL PROCESS. WITHOUT LIMITING THE FOREGOING, ABYA DOES NOT WARRANT THAT ACCESS TO GFN WILL BE UNINTERRUPTED; THAT GFN WILL MEET YOUR REQUIREMENTS; THAT GFN WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY CERTAIN CONTENT WILL BE AVAILABLE; OR THAT GFN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABYA AND ITS AFFILIATES ARE NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFIT, USE, DATA OR GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, DERIVED FROM OR IN CONNECTION WITH THESE TERMS OR THE USE OR PERFORMANCE OF GFN, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL THE TOTAL ACCUMULATED LIABILITY OF ABYA AND ITS AFFILIATES UNDER OR AS A RESULT OF THESE TERMS WILL EXCEED THE AMOUNTS PAID FOR THE USE OF GFN DURING THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR LAWSUITS WILL NOT ENLARGE OR EXTEND THIS LIMIT. THE ABOVE LIMITATIONS APPLY REGARDLESS OF WHETHER ABYA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. The exclusions and limitations of liability in these terms constitute an essential basis of the agreement between the parties and, in the absence of such exclusions or limitations of liability, the terms, including the economic terms, would be substantially different.

14. CURRENT LEGISLATION; DISPUTE RESOLUTION

Current legislation. These terms and all disputes that may arise from them or from the use of GFN in interstate commerce shall be governed by the Federal Arbitration Act, as well as internal substantive laws of the State of Delaware and the United States, without regard to or application of its conflict of laws rules or principles. Specifically, the applicability of the United Nations Convention on international contracts for the sale of goods is expressly rejected. You accept these terms in English unless ABYA has provided them to you in another language.

Arbitration. For any claim against or dispute with ABYA related to these terms or your use of GFN, please give ABYA an opportunity to resolve it and contact ABYA via the US Postal Service at ABYA Corporation, ATTENTION: Legal, David Stockton at Kilpatrick Townsend & Stockton LLP Suite 2800, 1100 Peachtree Street NE, Atlanta, GA 30309-4528. For any dispute that is not resolved informally, ABYA and you agree to resolve such dispute (excluding any ABYA claim for injunctive relief or other equitable relief) through binding arbitration before a Judicial Mediation and Arbitration Services (“JAMS”) arbitrator located at Santa Clara County, California under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided in this document. The arbitration process will take place in the Santa Clara district, California (or the JAMS office closest to the Santa Clara district), unless an in-person meeting is requested in your city of residence or, alternatively, in a place agreed between both parties. Nothing in these terms may prevent either party from requesting a court order or other measure of equity in any jurisdiction to prevent the actual or potential violation of data security, intellectual property rights or other property rights. of the party in question. If, for any reason, it is found that this arbitration agreement cannot be applied to litigation and, as a consequence, legal litigation must be brought in its place, it must be brought exclusively in a state or federal court in Santa Clara County, California.

Class Action Waiver and Jury Trial. THE PARTIES MUST FILE ANY LAWSUIT ON AN INDIVIDUAL TITLE AND NOT AS MEMBERS OF GROUPS THAT HAVE TAKEN ANY COLLECTIVE LEGAL ACTION. THIS WAIVER IS EXTENDED TO COLLECTIVE ARBITRATION PROCEEDINGS, UNLESS THESE ARE NECESSARY TO APPLY THE WAIVER TO COLLECTIVE LAWSUITS OR THAT ABYA HAS EXPRESSLY ACCEPTED SUCH COLLECTIVE ARBITRATION. BY PARTICIPATING IN THESE TERMS, YOU ARE AGREEING THAT ABYA AND YOU ARE WAIVING THE RIGHT TO RESOLVE THE DISPUTE BEFORE A COURT WITH A JURY OR TO PARTICIPATE IN COLLECTIVE CASES. Right to opt-out. YOU HAVE THE RIGHT TO OPT OUT OF SUBMITTING TO THE TERMS OF THE ABOVE ARBITRATION CLAUSES AND CLASS LAWSUIT WAIVER / JURY TRIAL OF THESE TERMS BY WRITTEN NOTICE TO ABYA WITHIN 30 DAYS FROM THE START DATE OF USE OF GFN. SUCH WRITTEN NOTICE SHOULD BE SENT TO ATTENTION: LEGAL, KILPATRICK TOWNSEND & STOCKTON LLP SUITE 2800, 1100 PEACHTREE STREET NE, ATLANTA, GA 30309-4528. AND YOU MUST INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, (3) REFERENCE TO GFN AS THE SERVICE TO WHICH THE NOTICE IS RELATED, AND (4) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30-DAY VOLUNTARY EXCLUSION TIME LIMIT.

15. MEMBERSHIP CONDITIONS

Please read the following ABYA subscription conditions for the GFN service.

Only users who are of legal age in the country in which GFN is used can accept these subscription conditions. If you are a minor, you must ask your parents or legal guardian to give their consent to these subscription conditions. If you are not old enough to accept these subscription conditions or if you do not agree to all the terms and conditions below, do not use GFN.

SUBSCRIPTION

  • Subscription to GFN. A paid GFN subscription plan can start with a free period, if applicable, which will automatically renew in consecutive billing cycles or periods, unless you move to a free subscription plan. While available, the free subscription plan will automatically renew for consecutive subscription cycles. Free and paid subscription plans are subject to change and cancellation under these subscription terms and the GeForce NOW terms of use.

  • By completing the registration for an ABYA user account, you become an ABYA subscriber ("subscriber"). This agreement is effective when you indicate that you accept these terms. You are not allowed to become a subscriber if you are under 13 years of age.

  • ABYA will bill the then-current subscription fee for the next billing cycle of your subscription plan with a valid and accepted payment method that you will provide when prompted to use GFN ("Payment Method"), which you may update periodically. For example, one-month subscriptions are billed in approximately 30-day cycles and six-month subscriptions in approximately 180-day cycles.

  • To manage your subscription plan, check the date of your next billing cycle, or update your payment method, log into your ABYA account at abya.com/gfn. You can change your subscription plan from your ABYA account. Changes can take up to 24 hours to be reflected in your account. For the changes to apply to the next billing cycle, update your plan at least 24 hours before the start of the next billing cycle.

  • Subscription plans. ABYA offers various GFN subscription plans or promotions with different conditions and limitations, and may stop accepting new registrations, modify or cancel a subscription plan or promotion at any time. Each subscription plan has its own features, this can be checked in https://abya.com/gfn. Here are definitions of key features: I. Standard Access. Members with Standard Access will be placed in a queue behind all Priority Access members and will have access to servers based on available capacity. These members could experience varying lengths of game wait times based on volume of users and GFN server availability in their region. II. Priority Access. Members with Priority Access have faster GeForce NOW server access. Priority members who have not reached their plan's gameplay hourly threshold (based on 30 days of use) will be placed in the front of the queue. Once the gameplay hour limit is exceeded, service will continue with a limited experience, server access priority may be adjusted accordingly, and members may encounter advertisements before game launches. III. Session Length. A. Free Members have session lengths lasting up to 60 minutes. After the current session expires, these members may join the queue again with Standard Access (see above). There is no set limit to how many times a member may start a new session in a day, subject to Standard Access terms. B. Priority Members have extended session lengths that depend on their chosen Priority Membership. After the current session expires, these members receive priority Access (see above). IV. RTX On. Real-time ray tracing delivered from the cloud. Only available for limited games. V. Resolution. Actual resolutions can vary based on numerous factors including but not limited to your device type, network quality, game selected and GPU type. VI. Frame Rates (FPS). Actual frame rates can vary based on numerous factors including but not limited to your device type, network quality, game selected and GPU type. VII. Advertising content. Free and Priority Members who have exceeded their gameplay hour limits may experience advertising before gaming sessions.

  • The conditions of the promotions and the specific subscription plans will be provided at the time of registration or by any other means that we make available to you. A period of free use may be offered prior to first billing for certain paid subscription plans, limited to one per household. Not all subscription plans or promotions may be available in your locality or language. ABYA, at its sole discretion, will decide whether the user is eligible for a subscription plan or a promotion, and whether or not the plans and promotions can be combined. Upon completion of the promotion, or if you exceed or violate the terms of use of the promotion, standard charges will apply. Detailed information about your subscription plan can be found in your ABYA account at abya.com/gfn/profile.

  • If you do not change your subscription plan in a timely manner before the end of the free period, the subscription fee billing will begin and will automatically renew based on the subscription plan billing cycle associated with your account at the end of the free use period. For further clarity, the permitted use of a free subscription plan will not generate billing.

  • With a GFN subscription plan, ABYA will rent you a virtual computer to play with, and you are responsible for having sufficient rights to use the content (i.e. third party video games or DLC [downloadable content]). Some content only works on certain types of devices. Not all the content you have may be used when streaming from GFN. Content purchased from a digital store on GFN may not be available to stream from GFN. The availability of content on GFN may vary over time, for example: the conditions of service providers or game publishers may change, the content may not be available equally or in certain geographical areas or languages, and Content that was previously available on GFN (including saved games) may be discontinued in the future. When obtaining content, either through GFN or separately, the content provider may require you to accept its conditions, open a user account and / or charge you for the content.

  • Modification of the subscription plan. You can change your subscription plan, including the price of subscription fees, in your ABYA account at abya.com/gfn/profile. Changes can take up to 24 hours to be reflected in your account. For the changes to apply to the next billing cycle, update your plan at least 24 hours before the start of the next billing cycle.

  • If you switch to a free subscription plan in the middle of your billing cycle, your paid subscription plan will remain in effect until the end of the current billing cycle and will then switch to free.

  • You can request the deletion of your ABYA account at any time. However, this action will suspend your services and eliminate access to any free or paid subscription plan, and will interrupt or cancel other services associated with your ABYA account. For more information on how to delete your ABYA account, contact our support department at: support@abya.com.

BILLING

  • Billing amount. The GFN subscription fee for a paid plan will be billed at the beginning of your billing cycle, at the then-current price, except for periods of free use, from the subscription plan start date, unless you switch to a free subscription plan. Under these conditions, "billing" means a charge, debit or other payment made against your Payment Method.

  • ABYA will indicate in which countries VAT is included in the price of the subscription plan. Except in countries where VAT is included in the price of the subscription plan, prices do not include all taxes, fees or other similar charges, and you are responsible for paying them. ABYA reserves the right to modify the prices of the subscription plans at any time. Price changes will take effect after email notification, but not before your next billing cycle, and tax rate changes will take effect immediately, unless otherwise specified in these subscription terms.

  • Billing authorization. By initiating your paid subscription plan to GFN and indicating a payment method, you authorize ABYA to charge you, in each billing cycle, the corresponding subscription fee at the price in effect at that time, as well as any other charge in the that you may incur in connection with the use of GFN, such as taxes or possible transaction fees, depending on your payment method in one or more charges.

  • You agree that the amount billed in each billing cycle may vary due to price or tax changes, promotions, subscription plan changes or calendar restrictions, as explained in the next section "Billing Deadlines".

  • ABYA may authorize your payment method in anticipation of subscription or service-related expenses. ABYA may authorize billing to your payment method through various methods, including authorizing up to approximately one service billing fee at the time you sign up. In some cases, your available balance or credit limit may be lowered to reflect authorization for a period of free use.

  • Billing deadlines. ABYA invoices automatically at the beginning of your billing cycle, the first time on or around the start date of your paid subscription plan, and thereafter normally on the calendar day corresponding to the anniversary of the billing date of your paid subscription plan on or around that date, except for periods of free use associated with a paid subscription plan. ABYA reserves the right to modify billing deadlines, in particular due to time zone differences, calendar restrictions or if your payment method has not been settled correctly. As an example of a calendar restriction, if you start a monthly paid subscription plan on January 31st, your first billing cycle will start on the same January 31st, your next invoice will probably be issued on February 28th, and you will be charged around those dates. Visit abya.com/gfn and log into your account to review your current billing date.

  • Gift cards and promotional codes. Gift cards and promotional codes can be redeemed for the number of months and the amount of the indicated balance, when available as a payment method, only for specific GeForce NOW subscription plans. When purchasing a gift card, the corresponding amount will be billed in full. At the time of use, whoever redeems the code must have an ABYA account and will obtain the same subscription benefits as GeForce NOW monthly payment members, for the specified number of months. Gift cards and promotional codes are available only in geographic areas where ABYA's monthly payment subscription plans are sold, as updated periodically. Gift cards and promotional codes are not a credit or debit card, they cannot be reloaded and they cannot be exchanged for cash unless required by law. Protect the gift card and/or the promotional code. It will not be replaced in the event of loss, theft or unauthorized use. Gift cards and promotional codes can only be redeemed once, in their entirety, and cannot be shared between ABYA accounts. Once the person who uses the code has redeemed it, the subscription plan will be extended based on the total number of months that appears in it and said person will be able to check the extension on their account page, available at the GeForce NOW application settings page. Any GeForce NOW gift card and or promotional code that ABYA believes in its sole discretion to have been purchased or obtained fraudulently or through illegal means will be subject to invalidation without refund.

  • No refunds are made. PAYMENTS ARE NON-REFUNDABLE AND NO REFUNDS OR CREDITS ARE GIVEN FOR PARTIALLY USED PERIODS. If ABYA cancels your subscription in accordance with the GeForce NOW terms of use, you may need to stop using GFN immediately, but any subscription fees you have paid will not be returned to you, and upon completion of the current billing cycle, ABYA will stop billing you. If it turns out that ABYA offers you a refund, discount or other consideration, the decision, amount and form of such benefits are the decision of ABYA. Just because you have received a refund, discount or other consideration does not mean that you will receive it again, even in similar circumstances.

  • Payment method. To edit your payment method, log into your ABYA account at abya.com/gfn/profile. If a payment is not settled correctly, either due to expiration, insufficient funds or for any other reason, and you do not edit the information of your payment method or do not change your subscription plan (see the section "Changing subscription plan" ), you will remain responsible for unpaid amounts and authorize ABYA to continue charging you according to the same payment method, until it is updated. This may lead to a change in billing dates for payments. ABYA may update your payment method with the information provided by the corresponding payment service provider, and you give your authorization for the current subscription fee to continue to be charged to the updated payment method. For certain payment methods, the issuer may charge you a foreign transaction fee or other fees. Check with your payment service provider for more information.

APPLICABILITY OF THE SUBSCRIPTION CONDITIONS

When GFN provides its services in conjunction with ABYA subscription plans, the above-mentioned subscription terms are incorporated into and are an integral part of GeForce NOW's terms of use with ABYA Corp.

16. GENERAL

You agree that you will not transfer or assign these terms or your rights and obligations by any means or legal operation without the permission of ABYA. These terms do not create any third-party beneficiary rights. If ABYA needs to contact you about GFN or content, you agree to receive notifications by email or through the software interface and agree that the electronic notice will satisfy any legal communication requirements. Please direct your legal notices or other correspondence to ABYA Corporation, att David Stockton at Kilpatrick Townsend & Stockton LLP Suite 2800, 1100 Peachtree Street NE, Atlanta, GA 30309-4528., Attention: Legal.

You may, but do not have to, provide ABYA with any usage information or suggestions, feature requests or other comments regarding GFN and its content, including possible improvements or modifications to GFN. For any feedback you voluntarily provide, you hereby grant ABYA and its affiliates a perpetual, non-exclusive, worldwide, and irrevocable license to use, reproduce, modify, license, sublicense (through multiple levels of sublicensees) and distribute (through of multiple levels of distributors) without being paid royalties or fees. ABYA will decide whether and how to respond to comments and whether to incorporate the suggestions into GFN.

By accepting these terms, you confirm that you do not currently reside or normally reside in any country or region currently embargoed by the US and that you are not otherwise prohibited (i.e. SDN, DPL) from interacting with an American business.

These terms constitute the entire agreement between you and ABYA regarding GFN. If it turns out that any provision of these terms is not unenforceable, such provision will be construed as limited to the extent necessary to be consistent and fully enforceable under the law and the remaining provisions will remain in full force and effect. No waiver or failure to assert a right under these terms will be deemed an additional or continuing waiver of such right or any other right. Unless otherwise specified, remedies are cumulative.

ABYA may make changes to these terms from time to time. ABYA will post the new terms here. The updated terms will take effect when they are posted. Review the terms of use regularly. You understand and agree that your express acceptance of the updated terms or use of GFN after the publication date will constitute your acceptance of the updated terms of use. If you do not agree to the updated terms, you must terminate your use of GFN.

(v. November 7, 2024)