Terms and Conditions - GeForce NOW x Taiwan Mobile

We welcome you to access the "GeForce NOW Service" (hereinafter referred to as the Service) of Taiwan Mobile Co., Ltd., (hereinafter referred to as the Company) and other services provided under the Service.
By pressing the “Agree” button in the window, you represent that you have reviewed, understood, and agreed to the terms and conditions herein, accessed the Service, and also agreed to comply with the terms and conditions herein.
The user terms and conditions (hereinafter referred to as the “terms and conditions herein”) are drafted by the Company to agree on the rights and obligations between users of the Company's GeForce NOW site and services (hereinafter referred to as the “users”) and the Company when users are accessing the Company's GeForce NOW services (hereinafter referred to as the “Services”) and the Company's GeForce NOW site (hereinafter referred to as the “Site”). The Company reserves the right to modify the terms and conditions herein, and will post the latest service terms and conditions on the Site from time to time. Users shall review the terms and conditions voluntarily, as the Company will not publish the same separately. Users who are underage shall comply with said requirements and also need to ask their parents (or guardians) to review, understand, and agree to comply with the terms and conditions herein, so that they may be allowed to access or continue to access the software/Site/Service. Users’ continued access to the software/Site/Service upon amendments to or changes of the terms and conditions herein shall represent that the users’ parents (or guardians) have reviewed, understood, and agreed to comply with the amended or changed terms and conditions. Based on said knowledge, you agree to access the information services under the Service provided by the Company and comply with the following conditions:

I. Contents of the Service
1. Users may browse, conduct searches, or file applications via the Site. In order to access the Service, it is necessary to install the computer software or App made available on the Site and prepare for the games independently. Users need to add their member account via the online digital game’s platform supported by the Service and then are allowed to play the games already purchased, or the new games purchased by them and supported by the Service via the Service. The available contents of the Service might vary over time. For example, the terms and conditions offered by the games developer or distributor might change and it is impossible for the contents provided by the Company to be in line with the changes or provide services to specific geographic locations or language environments. Therefore, the contents (including saved games) available to you via the Service might not be available any longer. When you access the contents (e.g. games), the games developer or distributor might ask you to accept its terms and conditions, open a user account, and/or collect charges for the contents from you. For details, please keep track of the relevant information posted on the Site. The Company will make updates or modifications from time to time, if necessary.
2. The Service might be labeled as Alpha, Beta, preview version, or any other version before release. Therefore, it might be unable to deliver the complete functions and might contain errors or defects in design. Meanwhile, the safety, privacy, accessibility, availability, and reliability thereof might be less than or different from those of the software, materials, and services of NVIDIA Corporation (hereinafter referred to as “NVIDIA”) provided for commercial purposes. Access to any pre-release might cause accidental results, e.g. unavailability or loss of contents. You may access the pre-release at your own risk, and may also decide when to stop accessing the pre-release independently.

II. Login and management of user profiles
1. The Site adopts the membership system. If you wish to access the consumption and subscription services on the Site, please log in/register for a membership first.
2. In order to enable users to access the Service effectively, the Company demands that users should complete the information as needed precisely (including but not limited to, the last four digits of their ID card No., Tel. No., and valid email address/user name) when applying for the consumption and subscription services, so that the Company may complete the customer due diligence before providing the Service.
3. Users shall provide complete, detailed, and true personal data, and shall keep updating the registered data online if the data is changed.
4. Where the personal data provided by users is in error, registered data is inconsistent with the updated data, or the personal data violates or compromises the purpose of the service or is likely to mislead people, the Company reserves the right to reject, or terminate from time to time, users’ access to the Service, in whole or in part.

III. Personal data disclosure notice
The Company may, inside/outside the territories of the R.O.C. (unless prohibited by the competent authority) and during the Company’s operations, for the purposes including “040/Marketing”, “063/ Non-government agency collecting or processing of personal information under legal obligations”, “067/Credit card, cash card, debit card or electronic value-stored card business”, “069/Contract, contract-like, or other legal relation matters”, “072/Policy advertising”, “077/Booking, lodging registration, and ticket master business”, “081/Legal transaction business for personal data”, “090/Consumer, Customer Management, and Service”, “104/Account management and debt trading business”, “129/Accounting and related Services”, “133/Operating telecommunication and value-added telecom network business”, “135/Information (Communication) Services”, “136/Information (Communication) and database Management”, “137/Information and Communication Security and Management”, “148/Internet shopping and other electronic commerce services”, “152/Advertisement or commercial behavior administration”, “153/Movie, television, music, and media administration”, “154/Credit investigation”, “157/Investigation, statistics, and research analysis”, “181/Other business operations in accordance with the business registration scope or articles of association”, “182/Other Consulting and Consultant Services” and any other specific purposes published by the competent authority, collection, processing, and use of users’ personal data (including but not limited to the personal data provided, completed, and registered by users), and make the same available to, including but not limited to, the Company’s affiliated companies and partners contracted by the Company or cooperating or dealing in business with the Company, in order to enable them to provide various services or engage in any marketing campaigns. You understand NVIDIA will also collect, use, and disclose all of the data according to the NVIDIA “Privacy Policy” posted on https://www.nvidia.com/en-us/about-nvidia/privacy-policy/. You may view the data collected by NVIDIA at any time, and visit nvidia.com to change your privacy preference settings.
Users may choose to provide the data at their sole discretion (unless required by laws). Notwithstanding, if they choose not to provide the same, the application for the Service or completeness of the Service might be affected therefor. Users may exercise the rights referred to in Article 3 of the Personal Data Protection Act with respect to their personal data (the rights to make an inquiry of and to review, request a copy, supplement, or correct), in the manner and with the charges under laws and regulations and the Company’s related requirements.

IV. Equipment and fees
When accessing the consumption and subscription services on the Site, users shall prepare the devices required to access the Internet, as well as the computer, tablet, smartphone (only Android 5.0 or above is supported for the time being, in the case of tablets and smartphones) or other related devices needed by the Service, independently. Meanwhile, users may take the system requirements posted on the Site into account, and shall comply with the terms and conditions and statements herein, and pay the fees generated from access to the relevant services pursuant to the requirements for the Service (including but not limited to, connection and transmission fees, information access fees, monthly rent, and other related fees). Where users are not the Company’s mobile phone number users, they shall also bear the connection & transmission fees and other related fees derived from access to the Service as charged by the relevant telecommunication service providers separately.

V. Collection of service fees
1. The Service may be made available for an equivalent time period by single prepayment (30 days, 360 days), and subject to the automatic withholding renewal system. For the actual price and collection method, please refer to the relevant regulations disclosed on the Site.
2. The Service fees shall be collected via the payment debited with a credit card, or be combined into the Company's telecommunication service bill (limited to the Company's mobile phone number users), subject to the service time limit selected by users on the date of application. The payment method varies depending on the attributes of the service, as described below. In the event of any changes in the collection method, the payment mechanism disclosed on the Site shall govern:
○ For “30 days, 360 days”: Debited via credit card (Visa/Master/JCB) or combined into the telecommunication service bill.
3. Users agree and authorize that:
○ The Company may debit the service fees applicable to the service time periods chosen by users from the credit card accounts designated by users. The failure of users applying for the other programs to cancel the programs upon receipt of the Company's approval for the programs shall constitute their agreement that the Company may renew the Service automatically prior to expiration thereof, for another 30 days/360 days. The service fees will be withheld as scheduled, and so on.
○ The Company collects the service fees based on the Company’s telecommunication service bill for the mobile phone number designated by users. Upon receipt of the Company's approval, the failure of users applying for the other programs to cancel the programs shall constitute their agreement that the Company may renew the Service automatically prior to the expiration thereof, for another 30 days /360 days. The service fees will be collected as scheduled, and so on.
4. Users authorize the Company to collect the fees based on the bill of the credit card account and telecommunication service designated by users. Or, if the Company adds any new users into the payment service program account as provided by the Company, the Company may be entitled to the same authorization, subject to the service type and payment method, and pursuant to the terms and conditions herein, without needing to seek users’ approval separately.
5. If the credit cards designated by users are expired, lost, dishonored by the correspondent banks, blocked, rejected by the Company, or it is impossible for the Company to bill the fees due to any other causes, the Company is entitled to terminate the users’ access to the Service. Users agree to provide effective credit card details separately or adopt the other payment methods provided by the Company to pay the service fees, upon the Company's request. If users owe any service fees, they shall pay the fees in full upon receipt of the Company's notice. If they fail to do so with a specific time limit, the Company shall be entitled to claim the payment due from them and also terminate their access to the Service immediately, until users make the payment in full.
6. Users agree that even if they have any doubt about current bills payable, the Company may still debit the fees from the credit card accounts and telecommunication service bills designated by them, or via any new payment services added by the Company subsequently. If the Company confirms that users have overpaid or underpaid the fees, the Company will debit or refund them from or to users for the relevant payment via the next bill.
7. The terms and conditions shall be effective after users choose to be users of the Service and confirm to agree with the terms and conditions again at the time of payment. If users need to change the payment method or account details, or terminate the authorization for automatic debit, they shall notify the Company’s customer service center. The changes in data or termination of authorization, if any, shall be effective as of the next debit date.

VI. Service fee bills
1. For the “service for an equivalent time period by single prepayment”:
○ “Telecommunication service bill”: To collect the fees calculated from the time/date when users file the application actually at the time/date when the Service is requested. The billing cycle is subject to the cycle of the telecommunication service bills served to users. The Service may be available until expiration, even if an application for earlier termination of it is filed.
○ “Credit card”: Subject to the advance payment system, to collect the fees calculated from the time/date when users actually file the application at the time/date when the Service is requested. The Service may be available until expiration, even if an application for earlier termination of it is filed.
2. “Remark on refund”: If users are unwilling to access the Service and request a refund from the Company upon termination of the Service, the Company will refund users the amount which equals the fees already paid by users = [number of months for which users have accessed the Service (a period less than 30 days shall be counted as one month) x the original price of monthly rent for the product.]

VII. Instructions to the Service users
1. Users shall keep their user names and password with care, and avoid sharing the data held by them with others. Meanwhile, users shall be responsible for their behaviors upon login to the Site through their user names and password.
2. Users shall bear the liability toward the contents uploaded or posted by them via the Site, including but not limited to, text, pictures, or audio files, and ensure the validity of the contents. The Company is not responsible for supervising the contents provided by users or other matters. Notwithstanding, the Company reserves the right to delete the information uploaded by users and, therefore, bears no liability toward damages against users.
3. The Company reserves the right to add, modify, or delete related services, in whole or in part. Users shall check related messages on the Site voluntarily, as the Company will not notify the same separately. Users agree that they shall not claim compensation or damages therefor.
4. Licensed territories: The Service is applicable to Taiwan, Hong Kong, and Macau (under planning) only.
5. Device management: The Service may be made available to each user via PC/Mac, smartphone (Android), and tablet (Android), etc. If there is any change regarding the devices, the supporting devices disclosed on the Site shall apply.
6. Games quality: Because this Service refers to a cloud games service, in order to maintain the games quality, if users are accessing the Service via a mobile network connection and streaming, users are recommended to use a 5G mobile network, so that they may receive a better experience. The mobile communications quality will be affected by factors including the geographic terrain where the users are situated, climate, building shelters, number of users, location, network environment, and transmission method. If users access the Service via a 4G or 5G mobile data network connection and streaming, the connection fees incurred therefor will be billed by the mobile network service providers selected by them separately.

VIII. Intellectual property rights
1. The Company or the licensor only allows users to access the software, files, contents, and any codes provided by the Company or the licensor, whether stored on disks, readable storage media, or any other media/devices, subject to the terms and conditions herein, but not transfer the ownership thereof to users. Users agree to access the Service in accordance with the terms and conditions herein, provided that any rights not expressly granted to users by the Company or the licensor in the terms and conditions herein shall be reserved by the Company or the licensor.
2. The rights granted herein are limited to users’ rights to access the Service, excluding any other intellectual property rights owned by the Company or the licensor. The Company also reserves the ownership of the contents and software related to the Service.
3. Users are clearly aware that the Company's and licensor’s technology and copyright are protected under the Copyright Act and international treaties, and also agree that they will not remove any indications about copyright, right protection policy, or any other ownership or products contained therein.

IX. Suspension or termination of the Service
1. In any of the following circumstances, the Company is entitled to suspend or discontinue the Service directly without notice, and the Company will not bear any legal liability toward the trouble, inconvenience, or damage caused to users or a third party therefor, if any:
○ Performance of necessary maintenance and construction work with respect to the electronic communications equipment;
○ Occurrence of sudden failure of electronic communications equipment;
○ Failure to provide the electronic communications service as requested as the service is discontinued for any cause;
○ Failure to provide the Service due to force majeure, such as natural calamity.
2. In consideration of the characteristics of the Internet, users acknowledge and agree that when accessing the Service, they shall take protective measures voluntarily. The Company will not bear any damages against the interruption of the Service, in whole or in part, temporary unavailability, delay, or errors or any third party’s intrusion into the system to tamper with or forge data, as a result of the failure, malfunction, or personal operational negligence, if any.
3. If users violate the terms and conditions herein or related laws, or engage in any unfair use, the Company is entitled to restrict or terminate their access to the Service directly without separate notice, and no compensation or damages may be claimed by users therefor.
X. Assumption of risk
Users undertake that they access the Service out of their own accord and agree to bear any risk on their own, including but not limited to, downloading of pictures, data, or data obtained from the Service via the Website resulting in any damage to their computer systems or loss of data.

XI. Exemption from liability of guarantee
1. The Company bears no liability of guarantee, express or implicit, toward the Service. Meanwhile, the Company makes no warranty toward stable, safe, error-free, and uninterrupted services.
2. The Company doesn’t warrant that the result of access to the Service or information accessed via the Service will satisfy users’ expectations, or that users will not access any inadequate contents therefor.

XII. Limitation of damages
The Company is not liable for any direct, indirect, derivative, or special damages arising from users’ failure to access the Service, if any.

XIII. Ownership of rights
The copyrights, patent rights, trademarks, business secrets, other intellectual property rights, titles, and any other rights in the works and data on the Service (e.g. software, files, contents and codes, etc) shall remain vested in the Company or the right owners. Unless with a legal license from the Company or rights owners, users shall not engage in reproduction, public communication, public broadcasting, adaption, compilation, or use in any form or for any other purposes of the works or data; otherwise, users shall bear the legal liability solely.

XIV. Links
The links made available on the webpages related to the Service might give access to a website of any other individual, company, or organization. The links are made available in order to facilitate users to collect or access information, while the Company doesn’t warrant the genuineness, completeness, timeliness, or creditability of the products, services, or information provided on the website of any other individual, company, or organization. Meanwhile, no employment, representation, agency, partnership, or other similar relations are created between such individual, company, or organization and the Company therefor.
XV. Online transaction security
All of important personal data on the Site will be encrypted for security. The data will be encrypted in accordance with the international SSL protocol (Secure Socket Layer Communication Protocol) via users’ PC, and then sent to the Site.

XVI. Deletion or changes of the terms and conditions herein, and effects thereof
1. The Company reserves the right to add, modify, or delete this provision or the Service, in whole or in part, at any time, and may disclose the same at any time. The amended contents shall be effective immediately after they are disclosed, without individual notice. Users shall not claim compensation or damages therefor.
2. If any provision of the terms and conditions herein is held invalid, in whole or in part, the other provisions or the network services shall remain effective.

XVII. Cyber security for children and juveniles
1. The contents made available via the Service have been subject to the relevant regulations on classification of cyber security. Parents or guardians of children or juveniles under the age of 18 years old shall accompany the children or juveniles to watch or access the adequate contents selected following the classification categories, and shall note that the contents meeting the following circumstances shall be deemed as restricted contents and that children or juveniles shall be prohibited from watching such contents:
○ Excessive descriptions about gambling, abuse of drugs, drug dealers, robbery, theft, kidnapping, homicide, or other crimes.
○ Excessive descriptions about the process of suicide.
○ Any plots of horror, blood, brutality and perversion expressed in a strong way but acceptable to general adults.
○ Depictions about sexual behavior, obscenity or exposure of human sexual organs in the manners including action, video, language, text, dialogue, voice, drawing, photography, or others, which are not considered shameful or disgusting by general adults.
2. Children or juveniles under the age of 18 years old are not allowed to watch or access restricted contents. Notwithstanding, when watching or accessing the non-restricted contents, such as parent guided suggested contents, they shall seek approval from their parents or guardians and watch or access the same in the company of their parents or guardians.

XVIII. Site users’ obligations
1. Users shall provide effective email addresses to help the Company’s performance of customer due diligence, and may access the Service through login with their user names and password upon completion of the registration on the Site.
2. Users are only allowed to engage in personal fair use of the Service and shall comply with all related laws and regulations, Internet rules and customs, and the terms and conditions herein. Meanwhile, users are prohibited from the following activities:
○ Impair the Company’s or another person's reputation or privacy;
○ Violate the obligation of confidentiality to be borne by them pursuant to laws or by contract;
○ Falsely register as Site users in another person’s name, or log in to another person’s account without permission;
○ Transmit pornographic, obscene, or false statements or information, or others actions against good morals;
○ Engage in reverse engineering, decompilation, disassembly, and reduction of the Service software into a form understandable by the general public, or transmission/dissemination of computer viruses, prevention or obstruction of any other users from accessing the Service fairly in any manner, or any other activities that might ruin, damage, or interfere with the Website/Service;
○ Resell, repost, sell, lease, sublicense, reproduce, transmit, disseminate, modify, adapt or link, or use, publish or issue for any purposes, the services streamed, or files/contents downloaded, via the Service;
○ Engage in any illegal transactions via the Service;
○ Engage in any unfair/unreasonable use of the Service (e.g. use of the Service to engage in profit-seeking activities, such as public use, cryptocurrency mining purposes, and any behaviors other than personal fair use, i.e. public use in any places other than their own houses);
○ Retrieve the information not officially disclosed, or licensed, by the right owner; reproduce or amend the software, or other technical or written documentation provided by the Company;
○ Make use of the Service to use robots or any other similar automated software or programs in any virtual games;
○ Make use of the Service in any other manners against laws and the terms and conditions herein.
3. If any user is found violating the terms and conditions and/or laws or decrees, or engaging in any unfair use, the Company may notify the user to rectify his/her misconduct immediately, or proceed to take any necessary action to stop the user from continuing to access the Service in the same manner without separate notice, including but not limited to, utilization of technical barriers to block the user's access to the Service, prohibition of the user from streaming the Service, or direct communication with the user’s network service provider. The Company may also terminate the user’s user name and related authority to access the Service immediately without notice. The user shall agree to destroy the software and infringing files, contents, and all backup copies thereof immediately. The Company will not be liable for any damages caused to the user due to said measures.
4. If users find that their user names and password have been misappropriated or used unfairly by others, they shall notify the Company immediately to help the Company take relevant actions. Notwithstanding, the Company’s adoption of such actions shall not constitute the Company's express or implicit guarantee, or undertaking to bear the damages. The Company will also not be liable for the damages resulting from misappropriation of the user name and password by another person.
5. The user name and password are only made available for users’ personal use, which shall not be rented, lent, transferred, or assigned to any third party.
6. Users shall update their personal data from time to time, and also log out the Service after finishing the access to the Service in order to prevent another person from misappropriating their user names maliciously.
7. Users shall comply with the Site’s rules when accessing the services on the Site.
8. Users shall not interfere with, delay, destroy, intrude upon, or affect in any manner the Site’s normal operation.
9. Users shall not engage in any commercial activities via the Service on the Site.
10. Users shall not engage in any illegal activities, or those that cause damage to the interests and rights of the Site or any persons.
11. Users agree that the Company may load advertisements when they are accessing the related services.
12. Users shall comply with the related R.O.C. Laws, the Company's service terms and conditions, and Internet customs and etiquette, and guarantee that they will never utilize the Service to engage in any activities infringing on another person’s interests and rights, or violating laws. If any user violates the obligations to be borne by a user, the Company is entitled to suspend his/her access to the Company’s Service immediately without notice, and the user shall bear the liability toward his/her violation of the obligation solely, in addition to the damages and expenses incurred by the Company or its affiliated companies, employees, trustees, agents, and other related assistants in performance of contract (including but not limited to, attorney’s fees and costs of action incurred for civil actions, criminal actions, and administrative proceedings).

XIX. Related legal interests and rights
1. Users under the age of 18 years old shall not play "restricted" games. If the Company finds any of them have failed to comply with this requirement, the Company may suspend his/her qualification as a user immediately.
2. Users are strictly prohibited from registering repeatedly with different identities to disturb the transactions conducted via the Site.
3. Members shall not ruin any online data and functions in any manner, and are strictly prohibited from intruding on or ruining or attempting to intrude upon or ruin any system on the network, or engaging in any activities against the intellectual property rights. Users who attempt to ruin or intrude on the system shall bear the relevant legal liability.
4. The orders agreed upon by users shall be determined subject to the e-trading data recorded by the Service. The dispute, if any, shall be settled based on the e-trading data.
5. The Company reserves the right to terminate or change the related activities launched by the Company, if necessary.
6. The Service is applicable to Taiwan, Hong Kong, and Macau (under planning) only. Users may also access the GeForce NOW services provided by NVIDIA or other NVIDIA alliance partners at any other specific locations. Said services are subject to various membership programs and conditions. Such membership programs and conditions do not apply to the terms and conditions herein.
7. Users shall also comply with the terms and conditions herein, and the user terms of NVIDIA GeForce NOW services at the same time. For the NVIDIA terms and conditions, you may visit: https://www.nvidia.com/zh-tw/geforce-now/terms-of-use/.

XX. Governing law and jurisdiction
The effect, interpretation, and performance of, and any matters related to, the terms and conditions shall be governed by the R.O.C. Laws. Legal action required to settle a dispute with the Company due to the access to the Service, if any, shall be submitted to the jurisdiction of the Taiwan Taipei District Court in the first instance.