5. Overgear Wallet, Payment Process, and PayoutsThis section describes the transaction processes and conditions related to funds management and release on the Platform.
5.1. The Platform may display internal transaction records associated with a User’s Profile, including order-related amounts, refunds, account credits, commissions, fees, Seller settlement amounts and payout status. These records are maintained solely for Platform administration, reconciliation, refund processing, Seller settlement and dispute-resolution purposes.
5.2. The internal transaction accounting functionality displayed on the Platform, including any interface references to “Overgear Wallet”, “OG Wallet”, “Account Balance” or similar terms, is not a bank account, payment account, deposit account, electronic money account, stored-value facility, or any other regulated payment or financial product. It may not be used outside the Platform and does not permit peer-to-peer transfers, general-purpose payments, or transfers between Users.
5.3. Buyers complete payments for Orders through payment methods made available on the Platform and processed by authorised third-party payment service providers, acquiring banks or other payment partners. Overgear does not provide banking, deposit-taking, money remittance, payment account or electronic money issuance services to Users.
5.4. Any amount reflected in a Buyer’s internal account records is limited to Platform-related administration, including order payments, refunds, account credits or other adjustments made in accordance with this Agreement and the Refund Policy. Buyers are not entitled to withdraw or cash out such amounts, except where a refund to the original payment method is available and approved in accordance with the Refund Policy, applicable payment provider rules and applicable law.
5.5. Refunds to Buyers, where approved, shall normally be processed back to the original payment method used for the relevant purchase, unless another method is required by applicable law, payment provider rules, technical limitations, or Overgear’s internal risk and compliance procedures.
5.6. Sellers become eligible to receive settlement amounts only after the relevant Deal has been completed, automatically confirmed, or resolved through Overgear Arbitration or other applicable dispute-resolution procedure. Until such time, no settlement amount shall be deemed due and payable to the Seller.
5.7. The Seller Settlement Balance is an internal accounting record reflecting net settlement amounts that may become available to the Seller after completion of a Deal or dispute resolution, less applicable commissions, fees, refunds, chargebacks, sanctions, penalties, adjustments, withholding amounts, and any other deductions permitted under this Agreement.
5.8. Payout of settlement amounts reflected in a Seller’s internal settlement records may be requested only through payout methods made available on the Platform, subject to payout provider rules, minimum payout thresholds, processing times, fees, compliance checks, KYC/EKYC, AML/CTF and sanctions screening, fraud monitoring, tax checks, chargeback risk, and any other conditions set forth in this Agreement or on the Platform.
5.9. Overgear may delay, suspend, reject or reverse any payout request where necessary for compliance, fraud prevention, chargeback management, dispute resolution, sanctions screening, tax verification, technical reasons, payment provider requirements, or where Overgear reasonably believes that the payout may be connected to a breach of this Agreement, unlawful activity, suspicious activity, or a risk to Overgear, Users, payment partners or third parties.
5.10. Users acknowledge that all payments, refunds and payouts may be subject to the rules, processing times, limits, restrictions and availability of third-party payment service providers, acquiring banks, issuing banks, payout providers, card schemes, financial institutions or other payment partners. Overgear shall not be responsible for delays, refusals, reversals or restrictions caused by such third parties, except to the extent required by mandatory applicable law.
5.11. The internal transaction accounting functionality may not be used as a general-purpose payment instrument, money transfer service, stored-value facility, investment product, savings account, deposit account, or means of transferring value between Users outside the specific order, refund and Seller settlement processes provided on the Platform.
6. Taxes, Commissions, Withdrawals, and Refunds.This section explains the commissions, fees, withdrawals, refund procedures, and tax compliance related to transactions conducted via the Overgear Platform.
6.1. Upon successful completion of a Deal, Overgear charges a Commission to the Seller for providing IntermediaryServices, including access to the Platform, transaction administration tools, internal settlement administration, communication tools, support functions, marketing tools, and dispute-resolution assistance.. Typically, the base Commission is set at 12% (twelve percent) of the transaction amount, though in certain cases, an increased Commission of up to 18% (eighteen percent) may apply. Additional fees for optional services or enhanced features may also be applied. Detailed calculations of Commission rates, supplementary fees, and any applicable adjustments based on factors such as average daily sales or promotional events are transparently provided on the Platform. Overgear further charges a separate Payment System Commission for withdrawal services from the Seller’s Wallet, subject to VAT regulations applicable to the Seller’s jurisdiction and tax status.
6.2. Commission fees are automatically deducted from the funds transferred to the Seller’s Overgear Wallet. Sellers may review detailed Commission information within their transaction history on the Platform.
6.3. Payout of settlement amounts reflected in a Seller’s internal settlement records may be requested through payout methods made available on the Platform. Such payouts may be subject to additional fees depending on the payout method chosen, payment provider rules, compliance checks, technical limitations, and applicable law.
Please note that the rates provided below are for illustrative purposes only; the exact fee rates are determined on the Platform based on all relevant circumstances.Examples of typical withdrawal fees include:
- VISA/Mastercard (Debit cards): 3%
- WMZ: 0%
- PayPal: 5%
- USDT, USDC, BTC: 5%
- SEPA Transfer: 1.2%
- SWIFT: 2%
Withdrawal processing times, minimum balance requirements, and exact fee schedules are provided on the Platform and may vary depending on the terms and conditions of third-party payment providers.
6.3. Payout of settlement amounts reflected in a Seller’s internal settlement records may be requested through payout methods made available on the Platform. Such payouts may be subject to additional fees depending on the payout method chosen, payment provider rules, compliance checks, technical limitations, and applicable law. Please note that the rates provided below are for illustrative purposes only; the exact fee rates are determined on the Platform based on all relevant circumstances.
6.4. Overgear may be required by applicable law to collect and remit certain taxes, such as VAT or income tax, from transactions conducted via the Platform. Users acknowledge that Overgear will comply with applicable tax regulations and provide necessary documentation or transaction details for tax reporting. Users remain solely responsible for understanding and fulfilling their individual tax liabilities. Tax collection requirements and applicable rates may change due to legislative updates in relevant jurisdictions.
6.5. Refunds are available when Seller Services or Goods are not delivered or substantially differ from their described condition. Refund requests will be reviewed and processed in accordance with Overgear’s Refund Policy, with a processing period of up to 14 (fourteen) business days. No payment processing fees will be deducted from the refunded amount.
6.6. Chargebacks initiated by a Buyer for a completed transaction may result in suspension or termination of the Buyer’s Account and the imposition of additional fees. Users are encouraged to contact Overgear support directly to resolve any disputes or concerns before initiating chargebacks.
6.7. Overgear acts solely as an intermediary and does not set or control the prices for Goods or Seller Services. Upon request, the Platform may furnish Users with unconditioned transactional data—such as account statements, payment confirmations or transaction logs—in the format and detail required for technical, accounting, or tax reconciliation, provided that such materials shall not constitute official tax invoices. All pricing of Goods and Seller Services remains entirely within the Sellers’ discretion as set forth in their Offers; Overgear neither monitors nor amends those prices. Where required by applicable law, Sellers shall act as tax agents and collect, account for, and remit all applicable indirect taxes (including VAT, GST, sales tax or their equivalents).
7. VAT and Tax Obligations7.1. Overgear acts exclusively as an intermediary facilitating transactions between Users. Each User explicitly acknowledges and agrees that they are individually and solely responsible for complying with all applicable VAT and other tax obligations, including VAT registration, proper invoicing, reporting, and payment of any taxes arising from transactions conducted via the Platform. Overgear does not assume any liability or responsibility for the calculation, collection, or remittance of VAT or other taxes due from transactions between Users, except as specifically mandated by applicable law.
7.2. The commissions and fees charged by Overgear reflect consideration for intermediary services. Any VAT, GST, sales tax or equivalent indirect tax applicable to these amounts depends on the Seller’s place of establishment. Sellers are primarily responsible for complying with all such tax requirements, including the calculation, reporting and remittance of any applicable taxes. Where required by law, Overgear may provide Sellers with transaction records or other documentation to assist in meeting these obligations.
7.3. Sellers acknowledge and agree that, in accordance with applicable law, they alone are responsible for all VAT and other indirect tax obligations arising from their supply of Services or Goods via the Platform. Overgear’s sole duties in this regard are to facilitate payment processing and to furnish Sellers with transactional records for their internal accounting and tax filing purposes. Overgear shall not collect, remit or account for any indirect taxes on Sellers’ behalf.
7.4. Where required by applicable law or upon a bona fide request by Buyers made in accordance with governing legislation, Sellers shall provide Buyers with all documents necessary for the Buyers’ accounting and tax obligations (including, without limitation, invoices, tax invoices, receipts, and other fiscal certificates), each clearly identifying the Seller as the provider of the relevant Seller Services or Goods. Overgear shall have no obligation to verify or warrant the accuracy, completeness, or timeliness of any such documentation. Sellers shall indemnify and hold harmless Overgear from any direct costs, penalties, interest, or other liabilities imposed by governmental authorities or payment processors arising from a Seller’s failure to timely or properly issue such documents or to provide valid tax registration details (e.g., VAT/GST identification numbers) upon request.
7.5. To ensure accurate application of tax regulations, Overgear reserves the right to request from Sellers such evidence of tax registration or status (including, without limitation, VAT/GST identification numbers or equivalent documentation) as Overgear reasonably deems necessary.
8. Non-CircumventionOvergear is committed to ensuring that all interactions and transactions between Users take place exclusively through the Platform. Users expressly agree to adhere to the following terms:
8.1. Users shall use only the official communication channels provided by the Platform (e.g., Overgear Chat) for all correspondence. The Overgear Platform shall be the sole means for any User to communicate with other Users. Users agree not to provide any information that would allow others to contact them directly by any means other than through the official Overgear’s Website. Furthermore, Users must not seek, provide, or attempt to obtain personal contact information of other Users through public means or external sources, except for gaming-related data (such as in-game usernames or server information) necessary solely for in-game communication.
8.2. Users are strictly prohibited from circumventing the payment methods offered by the Platform, including, but not limited to, making payments or conducting transactions directly or outside of the Platform. Any attempts to bypass the Platform’s payment system — such as paying for Seller Services and Goods without using Overgear as an intermediary — constitute a violation of this Agreement and will result in the immediate suspension or termination (or blocking) of the involved Users’ Profiles.
8.3. Overgear reserves the right to monitor communications and transactions on the Platform to identify and prevent circumvention attempts. Users acknowledge and agree that such monitoring is necessary to maintain the integrity and security of the Platform.
8.4. Violation of the non-circumvention terms may lead to enforcement actions, including warnings, temporary suspension, permanent termination, or blocking of involved Users’ Overgear Profiles. In serious cases, Overgear reserves the right to report violations to relevant legal authorities.
9. Dispute Resolution and Overgear ArbitrationDetailed process for resolving conflicts between Users, including timeframes and escalation procedures.
9.1. Overgear Arbitration functions as a neutral, advisory intermediary to facilitate the resolution of disputes arising from transactions conducted via the Platform. The Arbitration process is designed to provide fair and unbiased recommendations based solely on evidence submitted by the Parties. Overgear does not participate in the formation of any Deal, is not a contracting party to the supply of any Seller Services or Goods, and expressly disclaims any liability for the outcome of Arbitration, the performance of contractual obligations by Users, or the delivery, quality, legality or safety of any Seller Services or Goods.
9.2. Filing and Arbitration Process:- Users are first encouraged to resolve disputes amicably through Overgear’s official support channels (Online Chat or Customer Support tickets), providing all relevant evidence (screenshots, chat logs, transaction details).
- If no resolution is reached, Users may formally initiate a dispute by submitting a request to Overgear Arbitration via the Platform.
- Overgear Arbitration reviews all provided evidence, hears claims from both sides, and issues a conclusion based on the merits of the case.
- In disputes concerning RNG-Based Services, Overgear Arbitration may take into account not only whether the desired final item, drop, mount, reward, or result was obtained, but also the extent of documented progress, attempts made, time spent, raid or dungeon runs completed, in-game resources consumed, auction house or market monitoring performed, character/account development achieved, and any other objectively verifiable actions taken by the Seller in performance of the Order. Unless the applicable Offer expressly guaranteed a specific final result, the absence of a particular random item, mount, drop, reward, or outcome shall not automatically entitle the Buyer to a full refund if the Seller has made reasonable and documented efforts or progress in accordance with the Order terms.
9.3. Arbitration Timeframe and Escalation:- Overgear Arbitration will attempt to resolve disputes promptly, typically within 7 (seven) to 14 (fourteen) business days. Please note that this timeframe is indicative and may be extended depending on the complexity and specific circumstances of each case.
- If the dispute remains unresolved after this period, the issue may be escalated for further review by a designated Overgear panel or, if agreed, to an external arbitration body in accordance with the laws of the Republic of Cyprus.
9.4. Overgear does not guarantee any specific outcome from the dispute process and is not liable for any damages, losses, or dissatisfaction arising from it. The Arbitration process shall be conducted in English language and in accordance with Overgear’s procedures. In cases where Arbitration is not applicable, disputes may be resolved in the competent courts of the Republic of Cyprus.
9.5. Abuse Prevention:- Overgear reserves the right to suspend or terminate a User’s Profile if the User abuses the Arbitration process, such as frequently initiating unjustified disputes (for instance, filing arbitration claims in excess of one dispute per every four transactions). This measure aims to prevent exploitation of the Arbitration system for unwarranted refunds or other unjust benefits.
- Overgear is not liable for any damages, losses, or dissatisfaction arising from the dispute resolution process or the Arbitration outcomes. The recommendations provided by Overgear Arbitration are solely intended to facilitate an amicable resolution and are non-binding. In cases where Arbitration fails to yield a resolution, disputes may be submitted to the competent courts of the Republic of Cyprus. Overgear is not responsible for any consequences resulting from enforcement actions, such as the suspension of a User’s Profile or the cancellation of refunds, as provided in this Agreement.
9.6. In cases of violations of this Agreement or the terms and conditions agreed upon by Users, Overgear may impose sanctions detailed in Section 10, following review of the relevant evidence, including evidence considered during the Overgear Arbitration process.
10. Sanctions and Fine Policy10.1. Overgear may take action against any User who:
- Violates any provision of this Agreement or related policies, including breaching any contractual obligations set forth herein;
- Engages in abusive, fraudulent, or illegal behavior, such as directly targeting, abusing, or insulting other Users;
- Provides false or misleading information to Overgear and/or other Users;
- Acts in a manner that exposes Overgear or third parties to legal liability, or that undermines the integrity of the Platform;
- Engages in conduct that is contrary to the interests of the Platform or the User community, including any illicit or illegal activity;
- Fails to comply with legal requirements, or is required by law, legal process, or law enforcement to have their account suspended or terminated.
In such cases, Overgear reserves the right to terminate this Agreement with the User and to suspend or permanently block the User’s Overgear Profile, thereby revoking their access to the Platform.
10.2. Overgear reserves the right to impose sanctions on Users who violate any terms of this Agreement, related policies, or applicable laws. Sanctions may include, but are not limited to:
- Warnings;
- Temporary suspension of the User’s Profile;
- Permanent termination of the User’s Profile.
Overgear may withhold,deduct, offset, suspend or adjust settlement amounts reflected in the Seller Settlement Balance, , partially or completely, in the following cases:
- Fraudulent or illicit activities;
- Providing inaccurate information or making false claims;
- Duplicate, erroneous, or invalid transactions detected on the Platform.
10.3. In cases where a Seller fails or refuses to deliver agreed Seller Services or Goods, Overgear may impose sanctions, including but not limited to:
- Reducing the Seller’s rating;
- Issuing full or partial refunds to Buyers;
- Revoking Seller status or limiting Seller privileges;
- Removing the Seller from the Platform.
10.4. If a Seller cancels delivery or refuses to fulfill obligations shortly before the agreed deadline, Overgear may impose a penalty fine up to 16% (sixteen percent) of the total Order value.Such fine may be deducted from the Seller Settlement Balance or from future settlement amounts that may become available to the Seller. If the available settlement amounts are insufficient, Overgear may offset the outstanding amount against future amounts payable to the Seller or take other actions permitted under this Agreement and applicable law..
10.5. If a Buyer initiates a chargeback after the completion of a Deal, Overgear reserves the right to suspend or terminate the Buyer’s Account and impose additional fees or penalties.
10.6. All sanctions will be communicated clearly to Users through the Platform. Overgear is not liable for any consequences arising from enforcement actions or sanctions imposed under this policy. Users are strongly advised to resolve disputes through Overgear Arbitration before resorting to external dispute mechanisms.
10.7. Overgear reserves the right to cooperate with law enforcement or regulatory authorities by providing necessary information related to User activities that violate this Agreement or applicable laws.
11. Data Privacy and Protection11.1. All Personal Data collected from Users is processed in accordance with our Privacy Policy and applicable laws, including but not limited to the General Data Protection Regulation (GDPR). Our Privacy Policy, which forms an integral part of this Agreement, explains in detail what data is collected, how it is processed, and the purposes for which it is used.
11.2. You have the right to access, correct, restrict, or request deletion of your Personal Data, as well as the right to data portability and to object to certain processing activities. For full details on your rights and the procedures for exercising them, please refer to our Privacy Policy.
11.3. Overgear employs robust, industry-standard security measures — including encryption, firewalls, regular security audits, and continuous monitoring — to safeguard your Personal Data from unauthorized access, loss, or disclosure.
11.4. Users are responsible for maintaining the confidentiality of their login credentials and must promptly notify Overgear of any suspected unauthorized access or data breach related to their Overgear Profile. Overgear will not be liable for losses arising from the User’s negligence in protecting their own login credentials.
11.5. Overgear may update its data protection practices and Privacy Policy from time to time. In such cases, Users will be notified in accordance with applicable law, and an updated Privacy Policy will be made available on the Platform. Where required by applicable law, Overgear will request additional consent or provide additional notices for specific processing activities..
11.6. Users acknowledge and consent that their Personal Data may be transferred, stored, and processed outside of their country of residence, in compliance with GDPR and applicable data protection laws.
12. Indemnity and Limitation of Liability12.1. The Platform is provided on an "as is" basis. While Overgear strives to maintain a high-quality and secure environment, it does not guarantee uninterrupted, error-free, or completely secure access to the Platform, nor does it promise that the Platform will always meet all your expectations. Users understand and agree that Overgear shall not be held liable for inconveniences, losses, or damages arising from the use or temporary unavailability of the Platform, including technical issues, delays, interruptions, or other service-related disruptions.
12.2. Overgear’s liability is strictly limited to providing Intermediary Services. Overgear explicitly excludes liability for the Goods or Seller Services provided by Sellers or any direct or indirect outcomes arising from transactions between Users.
12.3. Overgear provides an intermediary Platform and, therefore, does not directly control or guarantee the quality, accuracy, legality, or reliability of Seller Services or Goods listed by Users. Similarly, Overgear does not verify or guarantee compliance with End-User License Agreements (EULA) or other third-party contractual obligations related to Seller offerings. Users acknowledge and agree that they enter into transactions with other Users independently, relying solely on their own judgment and due diligence.
12.4. User Indemnification:Indemnification by Sellers:Sellers shall indemnify, defend, and hold harmless Overgear, its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising directly or indirectly from:
- Any intellectual property infringement or breach of third-party rights related to Seller Services or Goods;
- Any misrepresentation, inaccuracies, or omissions made by Sellers;
- Sellers’ non-compliance with applicable laws, regulations, or this Agreement.
Indemnification by Buyers:Buyers shall indemnify, defend and hold harmless Overgear, its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Any breach of this Agreement by the Buyer;
- Any violation of applicable law, third-party rights, or End-User License Agreements by the Buyer;
- Any misuse, unauthorized access to, or unauthorized use of the Platform; or
- Any claims by third parties resulting from the Buyer’s actions or omissions in connection with transactions on the Platform.
12.5. To the fullest extent permitted by law, Overgear’s total liability to any User, whether in contract, tort (including negligence), or otherwise, arising from or related to the use of the Platform, shall not exceed the total Commissions paid by that User to Overgear in the six (6) months preceding the event giving rise to the claim. This limitation covers all forms of damages, direct or indirect, consequential, incidental, or punitive, unless caused by Overgear’s gross negligence, fraud, intentional misconduct, or as otherwise prohibited by applicable mandatory law.
12.6. Overgear does not endorse, recommend, or guarantee any Goods or Seller Services offered by Sellers. The inclusion of any Goods or Seller Services does not constitute or imply an endorsement, sponsorship, or recommendation by Overgear. Users acknowledge that any purchase or use of Goods or Seller Services from Sellers is made at their own discretion and risk.
12.7. Overgear is not liable for the actions, omissions, or behavior of Users, including Sellers and Buyers, on the Platform. All transactions conducted on the Platform are between Users, and Overgear disclaims any liability for disputes, losses, or damages arising from User actions, including fraud, misrepresentation, or breach of contract. Overgear’s role in disputes between Users is limited to the procedures outlined in Clause 9. Overgear does not guarantee the completion of transactions or the fulfillment of obligations between Users and disclaims any responsibility for ensuring the accuracy or legality of User-Generated Content.
12.8. The Platform may contain links to third-party websites or services that are not owned or controlled by Overgear. Overgear has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of these external resources is entirely at your own risk.
12.9. If a Minor uses the Platform, their parent or legal guardian agrees to indemnify and hold Overgear harmless from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or related to the Minor’s use of the Platform or any violation of this Agreement.
12.10. In the event of any claim, lawsuit, or legal proceeding brought against Overgear by a third party—such as game developers, content creators, or rights holders — arising from an intellectual property violation related to the Seller Services or Goods provided by a Seller, that Seller agrees to indemnify, defend, and hold Overgear harmless. This indemnification covers any claims alleging that the Seller’s offerings violate third-party intellectual property rights or breach licensing terms, including those under any EULA. The Seller shall bear full responsibility for any settlements, judgments, or legal penalties arising from such claims.
12.11. All indemnification obligations, limitations of liability, disclaimers, and related provisions intended to survive termination of this Agreement shall remain in effect even after the User ceases using the Platform.
12.12. Users explicitly acknowledge that any violation of the non-circumvention clause (Section 8 of this Agreement) leading to interactions or transactions outside of the Platform, Overgear shall not be liable for any related losses, damages, loss of funds, failed transactions, fraud, misconduct, or disputes arising from such off-Platform activity, to the fullest extent permitted by applicable law.
13. Intellectual Property Rights13.1. All Intellectual Property Rights in the Platform — including, but not limited to, trademarks, service marks, logos, designs, text, graphics, software, source code, and any other content (collectively, "Overgear Content") — are the exclusive property of Overgear or its licensors. This ownership includes all updates, enhancements, and modifications made to the content.
13.2. Users are expressly prohibited from copying, reproducing, modifying, distributing, displaying, performing, or creating derivative works of any Overgear Content without the prior written consent of Overgear or the applicable rights holder. Additionally, Users shall not reverse-engineer, decompile, disassemble, or otherwise attempt to discover or extract any source code, underlying software, algorithms, or proprietary technology related to the Platform, all of which are protected under applicable intellectual property laws. Any unauthorized use or violation of these restrictions may result in immediate termination of your Overgear Profile and may subject you to legal proceedings.
Overgear does not claim any ownership rights or intellectual property interests in the Seller Services or Goods provided on the Platform, including but not limited to virtual items, Gaming Accounts, or coaching/boosting services. All such rights, including intellectual property and related proprietary interests, remain solely and exclusively with the respective Sellers or third-party rights holders
13.3. Nothing in this Agreement shall transfer or assign any Overgear Intellectual Property Rights to Users. All rights not expressly granted in this Agreement are reserved by Overgear or its licensors.
13.4. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Overgear.
13.5. Overgear complies with applicable intellectual property laws, including the Digital Millennium Copyright Act (DMCA). Users who believe their Intellectual Property Rights are being infringed on the Platform must submit a formal DMCA notice following the
DMCA Policy available on the Platform. Upon receiving a valid notice, Overgear will promptly investigate and take appropriate actions.
13.6. Users agree that any intellectual property violation committed by them on the Platform is their sole responsibility. Overgear is not responsible for verifying Users’ legal compliance with third-party rights, and Users indemnify Overgear against any claims arising from such infringements.
13.7. If you submit or post content on the Platform ("User-Generated Content"), you retain all ownership rights in such content. However, by posting it, you grant Overgear a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, display, and create derivative works from your content solely for the purpose of operating, promoting, and improving the Platform and its services. Overgear does not claim ownership of your User-Generated Content and will only use it in accordance with this Agreement. Overgear reserves the right to remove or edit any User-Generated Content that violates this Agreement or applicable law.
13.8. Any third-party trademarks, product names, logos, and other intellectual property displayed on the Platform are the property of their respective owners. Their inclusion on the Platform does not imply endorsement, sponsorship, or recommendation by Overgear. Overgear makes no claim of ownership over such third-party content, and all rights — including title and ownership — associated with games or other third-party materials accessed through the Platform remain exclusively with the respective game developers or rights holders.
13.9. Overgear reserves the right to take legal action against any User who infringes upon its Intellectual Property Rights. Such enforcement measures may include, without limitation, immediate termination of access to the Platform, restriction or suspension of the User’s Overgear Profile, and the pursuit of damages or other legal remedies against the infringing User or any third party involved.
13.10. The obligations and restrictions set forth in this Intellectual Property Rights section shall survive the termination or expiration of this Agreement and the cessation of your use of the Platform.
14. Force Majeure14.1. A "Force Majeure Event" is an event or circumstance beyond the reasonable control of a Party, including but not limited to acts of God, war, terrorism, hostility, sabotage, civil disturbances, governmental restrictions or regulatory changes, revolutions, riots, insurrections, epidemics, pandemics, strikes, technical failures, or any other events beyond a Party’s reasonable control.
14.2. Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is solely due to a Force Majeure Event, provided that the affected Party has not contributed to the occurrence of such event.
14.3. Notification and Mitigation:
- The affected Party must promptly notify the other Party in writing, providing sufficient evidence of the Force Majeure Event and its direct impact on performance.
- The affected Party shall take all commercially reasonable steps to mitigate the impact of the Force Majeure Event and to resume performance as soon as possible.
15. Amendments and Notifications15.1. Overgear reserves the right to modify or amend this Agreement at any time. Unless an alternative effective date is expressly provided in the updated version, any changes will become effective on the date the updated Agreement is published on the Platform. In cases where no effective date is specified, the updated Agreement shall take effect 30 (thirty) days after its publication. Users will be notified of any material changes at least 30 (thirty) days prior to the effective date. Your continued use of the Platform after the notice period constitutes acceptance of the revised Agreement. It is your responsibility to review this Agreement periodically. For transparency, an archive of previous versions of this Agreement will be maintained on the Platform. Official notices will be delivered through email, within your Account dashboard, or via the Platform’s Online Chat. It is your responsibility to keep your contact details up-to-date.
16. Survival16.1. Notwithstanding the termination or expiration of this Agreement, the following provisions shall survive and continue in full force and effect:
- Indemnity and Limitation of Liability
- Intellectual Property Rights
- Dispute Resolution and Overgear Arbitration
- Any other provisions which by their nature are intended to remain in effect
17. Miscellaneous17.1. This Agreement, together with the Privacy Policy, Bonus Policy, and any other documents or policies expressly referenced and incorporated herein, constitute the entire agreement between Overgear and the User with respect to accessing and using the Platform. This Agreement supersedes all prior and contemporaneous understandings, representations, agreements, and warranties, whether written or oral, regarding its subject matter.
17.2. This Agreement shall be governed by and construed in accordance with the lawsof the Republic of Cyprus, without regard to conflict-of-law rules. Nothing in this Agreement excludes or limits any mandatory rights or protections that may apply to Users under applicable consumer protection, data protection, payment, tax, or other mandatory laws..
17.3. If any provision of this Agreement is found to be illegal, invalid, or unenforceable, that provision shall be deemed severable and removed from the Agreement without affecting the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
17.4. Overgear reserves the right to immediately terminate your access to the Platform if you breach this Agreement. Upon termination, all rights granted under this Agreement will cease, and you must promptly discontinue your use of the Platform.
17.5. Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between Overgear and any User. Users have no authority to bind Overgear or incur obligations on its behalf.
17.6. If you do not understand or agree with this Agreement, you must not create an Overgear Profile or use any Services provided by Overgear.
17.7. If you access the Platform via a mobile application, you agree to abide by any additional terms specific to that application. These terms may include, without limitation, requirements regarding permissions, data usage, and update policies.
17.8. For any issues or questions regarding this Agreement or other aspects of the Platform, please contact Overgear’s Customer Support via email, phone, or through Online Chat on the Overgear’s Website. All disputes will be handled in accordance with the dispute resolution procedures set forth in this Agreement.
17.9. Overgear reserves the right to unilaterally modify, amend, or otherwise change this Agreement, the Privacy Policy, or additional terms by posting revised versions on the Platform. Overgear may also introduce additional provisions or separate terms for temporary programs (such as marketing or promotional campaigns).
17.10. Overgear reserves the right to assign, transfer, or delegate any of its rights and obligations under this Agreement to any third party without prior consent or notice to Users, provided such transfer does not negatively impact Users' rights under this Agreement.
17.11. All official communications and notices exchanged between Overgear and Users under this Agreement shall be conducted in English. However, informal communications or interactions, such as Customer Support or Chat services, may be provided in other languages at Overgear’s discretion and for the Users’ convenience. In the event of any conflict, ambiguity, or discrepancy between the English version and any translation or communication conducted in another language, the English version shall prevail.
17.12. Overgear may issue region-specific Addenda or supplementary terms (“Local Addenda”) which will apply to Users located in particular jurisdictions. These Local Addenda shall constitute an integral part of this Agreement for applicable Users.
18. Contact InformationFor any questions, concerns, or disputes regarding this Agreement, please contact Overgear Customer Support at:
- Email: support@overgear.com
- Mail: Diagorou 4, Kermia Building, 3rd floor, office 304, 1097, Nicosia, Cyprus
By using the Platform, Users explicitly acknowledge and accept that Overgear’s obligations and liabilities are strictly limited to those of an intermediary as explicitly described in this Agreement, and that Overgear shall bear no responsibility for the quality, legality, or fulfillment of any Seller Services or Goods.