Terms and Conditions

1. Introduction and company identification

These Terms and Conditions (the "Terms") govern access to and use of the omicrongama.com website and the purchase of digital products from Omicron Gama through commercial orders, private API integrations or any other sales channel operated by Omicron Gama.

All services are provided by:

Omicron Gama S.A.
Calle Fulgencio Yegros entre Pedro Juan Caballero y 15 de Agosto
Caaguazú
Paraguay
Taxpayer ID (RUC): 80117195-4

Omicron Gama S.A. is a corporation (sociedad anónima) organized under the laws of the Republic of Paraguay.

2. Definitions

• "Omicron Gama", "we", "us" or "our" refers to Omicron Gama S.A.
• "Customer" or "you" refers to any business, or individual acting for business purposes, that has been approved by Omicron Gama to purchase Products.
• "Product" refers to any digital code, gift card, top-up, game credit, software license, subscription, virtual credit or other digital product sold by Omicron Gama.
• "Issuer" refers to the company, platform, developer, publisher, supplier or operator responsible for issuing, managing or allowing the redemption of a Product.
• "API" refers to Omicron Gama's private application programming interface made available to approved Customers.
• "Prepaid Balance" has the meaning given in section 8.4.

3. Business use and acceptance of the Terms

Omicron Gama operates a business-to-business (B2B) distribution model. The Products are sold to businesses and to individuals acting for business purposes, such as retailers, resellers and platforms, which acquire them for their business activity and not as final consumers. Omicron Gama does not operate a store for consumers buying for personal use.

By submitting an onboarding application, placing an order, using the API or making a payment, the Customer represents that:

1. It has read, understood and accepted these Terms.
2. The person acting on its behalf is authorized to bind the Customer.
3. All information provided to Omicron Gama is true, complete and up to date.
4. It has the legal capacity to enter into the transaction.
5. It is authorized to use the selected payment method.

The applicable version of these Terms is the version in effect when the order is placed. Acceptance of these Terms and of each order by electronic means is valid and binding under Paraguayan law on electronic commerce and electronic documents (Law No. 4868/2013 and Law No. 6822/2021).

4. Onboarding, KYC/KYB and AML

Omicron Gama is committed to complying with applicable laws, regulations and standards relating to anti-money laundering, counter-terrorist financing, sanctions, fraud prevention and know-your-customer requirements, including the Paraguayan legal framework and the FATF Recommendations. The following policies form an integral part of these Terms:

• KYC/KYB Policy
• AML Policy
• Privacy Policy

Before trading, the Customer must complete the applicable KYC (individuals) or KYB (businesses) process and obtain commercial approval. Omicron Gama may request information or documentation to:

• Verify the identity of the Customer, its representatives and its ultimate beneficial owners.
• Verify the Customer's address and corporate details.
• Confirm ownership of the payment method.
• Understand the nature and purpose of the business relationship and of transactions.
• Verify the source of funds.
• Prevent fraud and unlawful activity.
• Comply with requests from banks, suppliers or competent authorities.
• Apply sanctions screening and risk controls.

Failure to cooperate may result in the rejection or cancellation of orders, the suspension of access or the termination of the business relationship.

5. Products

Omicron Gama sells digital products, including gift cards, gaming credits and top-ups, software licenses and other prepaid digital products. Product availability varies by territory and may change at any time.

Products do not involve physical delivery. They may be delivered automatically, by email, through the API, through a customer portal or credited directly to an account or identifier. Because of their digital nature, once a Product has been delivered or disclosed it is generally impossible to recover it or to guarantee that it has not been copied, shared or used.

Brand names are trademarks of their respective owners. Their mention by Omicron Gama identifies the Products and does not imply sponsorship, endorsement or an official or authorized distribution relationship, unless expressly stated in writing.

6. Commercial access, orders and acceptance

Access levels depend on the type of Customer and channel and are subject to KYC/KYB, commercial approval, product availability, territorial restrictions and the conditions of each Product or supplier. Any minimum amounts communicated by Omicron Gama are references and do not apply to every Product.

Publishing a Product or a price list is an invitation to place an order, not an irrevocable offer to sell. All orders are subject to:

• Product availability.
• Payment confirmation.
• Anti-fraud controls and identity verification.
• The limits applicable to the Customer.
• Territorial restrictions.
• The KYC/KYB Policy and the AML Policy.
• Sanctions screening.
• Manual review where applicable.

An automated order confirmation does not necessarily constitute final acceptance. An order is accepted when Omicron Gama (1) confirms or receives payment and (2) delivers or otherwise makes the Product available.

Omicron Gama may reject or cancel an order before delivery due to lack of availability, rejected payment, an obvious pricing error, incorrect information, reasonable suspicion of fraud, compliance risks, breach of these Terms, legal or sanctions restrictions, or failure to cooperate with a verification request. When Omicron Gama cancels a paid order before delivery, it will refund or credit the corresponding amount unless a legal restriction or hold applies.

7. Prices, taxes and charges

The applicable price is the price confirmed by Omicron Gama for the order. Omicron Gama issues its invoices and applies the taxes required by Paraguayan law or other applicable law.

Banks, payment processors, card issuers or wallets may apply processing fees, currency conversion fees, international transaction fees, exchange-rate differences or other third-party charges. Omicron Gama does not control and does not necessarily receive these charges.

8. Payment methods

8.1. General

Unless otherwise agreed in writing, Products must be paid for before delivery. Omicron Gama may accept the payment methods described in this section, which may vary by Customer, amount and territory. Omicron Gama may require that payments come from accounts held in the name of the Customer.

8.2. Bank transfers

The Customer is responsible for transferring the exact amount to the account indicated by Omicron Gama and for any fees charged by its bank or intermediary banks. Orders are processed once the funds are received and identified.

8.3. Cards through third-party payment processors

Payments by card, where available, are processed by third-party payment service providers enabled from time to time. By using these services, the Customer also agrees to the applicable processor's terms, policies, fees and procedures.

Sensitive payment data is handled by the corresponding payment providers. Omicron Gama does not store card security codes (CVV/CVC) after authorization.

Omicron Gama does not control the processor's approval or rejection decisions, exchange rates applied by third parties, bank or international transaction fees, payment or refund processing times, or security reviews carried out by the processor. Initial payment approval does not guarantee immediate delivery when an additional security, identity, availability or compliance review is required.

8.4. Prepaid Balance

Approved Customers may pay in advance for future purchases of Products from Omicron Gama (the "Prepaid Balance"). The Prepaid Balance:

• Is an advance payment for Products to be purchased from Omicron Gama and may only be applied to such purchases.
• Is not a deposit, bank account, stored-value account or payment account, is not held in trust and does not earn interest.
• Cannot be transferred to third parties or used to make payments to anyone other than Omicron Gama.
• Is not redeemable for cash, except as agreed in writing with Omicron Gama or as required by applicable law.

Advance payments are subject to the KYC/KYB Policy and the AML Policy. Omicron Gama may reject advance payments made by third parties or from accounts not held in the name of the Customer, and may withhold the application of an advance payment while a verification is pending.

9. Limits and restrictions

Omicron Gama applies limits and restrictions according to each Customer's verification level, risk profile, transaction history and access level, in accordance with its KYC/KYB Policy and AML Policy. Limits on order value, frequency and volume are established case by case and may be modified at any time.

Omicron Gama may also establish different limits for specific Products or Customers at the request of the Issuer or supplier, due to product availability or fraud risk, based on the payment method or territory, or due to regulatory requirements. Limits represent maximum amounts and do not oblige Omicron Gama to approve transactions up to those amounts.

Using more than one account, different identities or any other method to circumvent limits or verification procedures is a breach of these Terms and may lead to the suspension of the accounts involved.

10. Digital delivery

Delivery may be completed by email, through a customer portal, through the API, by direct account credit or through another method agreed with the Customer. A Product is considered delivered when it has been sent to the email address provided, made available in the portal, successfully transmitted through the API, credited to the identifier provided or confirmed as processed by the supplier.

Omicron Gama may retain technical delivery records, including date and time, IP address, API request records, email delivery records, supplier responses, top-up status and redemption status. These records may be used to investigate claims, fraud and payment disputes. Delivery times are estimates unless expressly stated otherwise.

11. API access

API access is available only to Customers approved after commercial and compliance review. API documentation and credentials are provided after approval and are confidential.

The Customer must keep its API credentials secure, restrict their use to authorized personnel and systems, and notify Omicron Gama immediately of any unauthorized access. Transactions made with the Customer's credentials are presumed authorized unless there is reasonable evidence of unauthorized access attributable to a security failure under Omicron Gama's control.

Omicron Gama may set usage limits and may suspend or revoke API access to protect its systems, comply with legal obligations or respond to a breach of these Terms.

12. Responsibility for information provided

The Customer is responsible for correctly providing all order information, including email addresses, player or account identifiers, country, region, server, operator, platform and Product value or denomination.

A top-up correctly credited to the identifier provided by the Customer is considered delivered, even if the information was entered incorrectly. Omicron Gama is not required to reverse or refund a transaction correctly processed according to incorrect information supplied by the Customer, unless the supplier technically permits the transaction to be reversed.

13. Territories and compatibility

Products may be restricted by country, region, currency, platform, console, device, account type, server or operator. Before purchasing, the Customer must verify that each Product is compatible with the intended account, country, region, platform and device, and must disclose these restrictions to its own customers.

The availability of a Product through Omicron Gama does not mean that it may be used with every account or in every territory. No refund will be issued when incompatibility results from an incorrect selection by the Customer and the applicable restrictions were disclosed before payment. This exclusion does not apply where the information published by Omicron Gama was materially incorrect.

14. Replacements and refunds

14.1. General rule

Because of the digital nature of the Products, all sales are final once delivery has been completed. Omicron Gama will only consider a replacement or refund in the circumstances set out in this section, unless a specific commercial agreement provides otherwise.

14.2. Circumstances that may qualify for a remedy

Omicron Gama will investigate a claim when:

1. Payment was confirmed but the Product was not delivered.
2. The code was invalid at the time of delivery.
3. The code had already been redeemed before it was delivered to the Customer.
4. Omicron Gama delivered a Product different from the one ordered.
5. A top-up was incorrectly credited due to an error attributable to Omicron Gama.
6. A duplicate charge attributable to Omicron Gama occurred.
7. The Product description provided by Omicron Gama was materially incorrect.
8. A mandatory legal provision requires a remedy.

14.3. Verification

An error message alone does not establish that a code is invalid. Omicron Gama may request information from the supplier or Issuer regarding the validity of the code, its activation status, the date, time and region of redemption, the technical reason for rejection and any other information needed to resolve the case. When the supplier confirms that the code was valid and was redeemed after delivery, no replacement or refund will be issued.

14.4. Remedies

When an issue attributable to Omicron Gama or the supplier is confirmed, Omicron Gama may correct the delivery, provide a replacement code, repeat the top-up, provide an equivalent Product with the Customer's consent, or refund or credit the amount paid for the affected Product. Omicron Gama may proceed directly with a refund when a replacement is not possible or reasonable.

14.5. Excluded circumstances

Unless a mandatory legal provision states otherwise, no refund will be issued when:

1. The Customer or its end customer changes their mind or no longer needs the Product.
2. The wrong Product, country, region, currency, platform, server or value was selected.
3. An incorrect email address, account or identifier was provided.
4. The code has been copied, shared, resold or redeemed after delivery.
5. The top-up was correctly credited according to the information provided.
6. The end user's account is suspended, restricted, blocked or closed by the Issuer, or the end user violates the Issuer's terms or policies.
7. The Product is incompatible due to a restriction disclosed before purchase.
8. A VPN or another method was used to circumvent restrictions.
9. The price, exchange rate or market value changes after purchase.
10. The code is lost, published or disclosed, or a third party accesses it because credentials were shared.
11. False or incomplete information was provided.
12. The inability to use the Product results from a device, connection, software or third-party service.
13. The delay is caused by a reasonable security or compliance review.

14.6. Partial refunds and refund method

When only part of an order is affected, any refund is limited to the value of that portion; Products correctly delivered as part of the same order remain final sales. Refunds are issued through the original payment method or as a credit to the Prepaid Balance whenever possible, or through another legally permitted method agreed with the Customer. Fees charged directly by third parties are non-refundable unless mandatory law requires otherwise.

15. Submission of claims

The Customer must report any issue as soon as it is detected, preferably within seven calendar days after delivery. This is an operational timeframe and does not reduce any mandatory rights that may apply. The claim must include the order number, the affected Product, a description of the issue, a complete screenshot of the error message, the date and time of the attempted redemption, the country and region of the account, the platform used, the player identifier where applicable and any other information reasonably required. Full codes must not be published through public channels. Submitting a claim does not guarantee a refund.

16. Issuers

Omicron Gama is the seller or reseller of the Products but is generally not their creator, Issuer, administrator or ultimate service provider. The use of each Product may also be subject to the Issuer's terms and policies. Omicron Gama does not control the Issuer's policies, changes to its services, restrictions on or closure of accounts, interruptions of its systems or its decisions to accept or reject a Product. This section does not exclude Omicron Gama's responsibility to correctly deliver the Product ordered under these Terms.

17. Resale obligations

Customers that resell or distribute Products must:

• Complete the KYB process and identify their ultimate beneficial owners.
• Comply with the KYC/KYB Policy, the AML Policy and applicable laws.
• Observe the territories authorized for each Product.
• Correctly disclose Product restrictions to their customers.
• Maintain adequate anti-fraud controls.
• Not use Omicron Gama's or third parties' trademarks without authorization, and not represent themselves or Omicron Gama as an official or authorized distributor of any brand without written authorization.

Prices, limits, credit terms and other commercial conditions may be established in a separate commercial agreement. In the event of a conflict, the specific commercial agreement prevails for the relevant business relationship.

18. Prohibited uses

Omicron Gama and its Products may not be used for money laundering, terrorist financing, fraud, the use of stolen payment methods, identity theft, sanctions evasion, unauthorized resale, order manipulation, promotion abuse, fraudulent claims or any other unlawful activity.

It is also prohibited to impose a disproportionate load on Omicron Gama's infrastructure; to use robots, scripts or automated systems without authorization (other than the authorized use of the API); to interfere with, intercept or modify Omicron Gama's systems; to transmit malware; to attempt unauthorized access to accounts, systems or networks; to exploit technical errors; to circumvent limits through multiple accounts; or to manipulate screenshots or evidence.

Omicron Gama may suspend access while investigating suspicious activity, and unusual activity is reviewed and escalated internally when appropriate. Where required by applicable law, Omicron Gama cooperates with competent authorities.

19. International sanctions

The Customer represents that it is not subject to sanctions imposed by the United Nations Security Council (including the measures applied in Paraguay under Law No. 6419), the Republic of Paraguay, the United States, the European Union, the United Kingdom or another competent authority; that it is not owned or controlled by or acting on behalf of a sanctioned person or entity; that it is not located, organized or resident in, and will not use Omicron Gama's services from or for, a territory where the transaction is prohibited, including jurisdictions subject to comprehensive sanctions or identified by the Financial Action Task Force (FATF) as high-risk jurisdictions subject to a call for action, such as Iran and North Korea, and the territories of Ukraine occupied by Russia, such as Crimea and the Donetsk and Luhansk regions; that it will not cause Omicron Gama to violate sanctions or legal restrictions; and that it will not conceal its identity or true location. Omicron Gama may reject, block, suspend or cancel transactions when there is a reasonable risk of a sanctions violation.

20. Suspension and termination

Omicron Gama may suspend, restrict or terminate a Customer's access in cases involving breach of these Terms, reasonable suspicion of fraud, abusive chargebacks, false documentation, unauthorized use, sanctions-related risk, failure to cooperate with verification procedures, abuse of systems, legal obligations or risk to Omicron Gama, its suppliers or its customers. A suspension may remain in place for the period reasonably required to complete a review. Omicron Gama may be legally prohibited from informing the Customer of the existence or content of certain reviews. Suspension or termination does not eliminate obligations arising from previous transactions, debts, fraud or breaches.

21. Chargebacks and payment disputes

Before initiating a chargeback or payment dispute, the Customer must contact Omicron Gama to attempt to resolve the issue, without prejudice to any rights that cannot be waived. Omicron Gama may provide the payment processor with evidence of acceptance of these Terms, IP address, payment confirmation, proof of delivery, API and delivery records, code status, redemption confirmation, communications with the Customer and supplier information. When a chargeback is filed in bad faith for a Product that was correctly delivered, Omicron Gama may suspend access, cancel pending orders, restrict future transactions and pursue available legal remedies.

22. Privacy

The processing of personal data is governed by Omicron Gama's Privacy Policy.

23. Intellectual property

The website, software, API, designs, texts, logos, databases and other proprietary elements belong to Omicron Gama or its licensors. Third-party trademarks and content belong to their respective owners. The Customer may not copy or reproduce Omicron Gama's platform, reverse engineer its software, extract data on a large scale, use Omicron Gama's trademarks without authorization, create websites that falsely appear to belong to Omicron Gama or remove intellectual property notices.

24. Service availability

Omicron Gama will use reasonable efforts to keep its website, portal and API available but does not guarantee uninterrupted operation. Interruptions may occur due to maintenance, technical failures, hosting providers, payment processors, Issuers, internet outages, cyberattacks, legal requirements or events outside Omicron Gama's reasonable control. Omicron Gama may modify, suspend or withdraw functions to protect its systems, comply with its obligations or adapt its services.

25. Warranties

Omicron Gama will use reasonable efforts to ensure that, at the time of delivery, the Product materially corresponds to its description, the code is valid, the Product comes from a legitimate commercial source and the top-up is processed according to the information provided. Omicron Gama does not warrant the permanent continuation of the Issuer's service, that the Issuer will not modify its policies, compatibility outside the disclosed territory, future availability of the same Product or price, or the uninterrupted operation of third-party systems.

26. Limitation of liability

To the maximum extent permitted by applicable law, Omicron Gama will not be liable for indirect, incidental, special, punitive or consequential damages, including loss of profits or business opportunities, arising from Customer errors, loss or disclosure of codes, incorrect Product selection, unauthorized access attributable to the Customer, account restrictions imposed by Issuers, disclosed territorial restrictions, failures of third-party providers or misuse of the Product.

When Omicron Gama is liable for a transaction, its total liability is limited to the amount actually paid for the affected Product. This limitation does not apply where prohibited by law or in cases of fraud, intentional misconduct or gross negligence directly attributable to Omicron Gama.

27. Indemnification

To the maximum extent permitted by law, the Customer will indemnify Omicron Gama for reasonable claims, losses, costs or expenses arising from unlawful use of Omicron Gama's services, fraud, unauthorized resale, infringement of third-party rights, false information, sanctions evasion or material breach of these Terms. This obligation does not apply to damages directly caused by unlawful conduct of Omicron Gama.

28. Force majeure

Omicron Gama is not responsible for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, wars or civil unrest, general internet outages, cyberattacks, banking interruptions, government actions, sanctions, interruptions affecting suppliers or Issuers, and public health emergencies. This section does not eliminate the obligation to refund or credit the amount paid for a Product that ultimately cannot be delivered.

29. Amendments

Omicron Gama may amend these Terms to reflect legal or regulatory changes, new Products, new payment methods, operational changes, security requirements or supplier requirements. Amendments apply to orders placed after their publication. The essential terms of completed orders will not be modified retroactively unless required by law.

30. Governing law and jurisdiction

These Terms and any relationship between Omicron Gama and the Customer are governed by the laws of the Republic of Paraguay. Before initiating legal proceedings, the parties will attempt in good faith to resolve the dispute through direct communication. If no resolution is reached, any dispute will be submitted to the competent courts of the Republic of Paraguay corresponding to the registered office of Omicron Gama S.A., unless a specific commercial agreement provides for a different forum. Mandatory, non-waivable legal provisions will be respected to the extent legally required.

31. General provisions

Severability. If any provision of these Terms is declared invalid or unenforceable, the remaining provisions will continue in full force and effect, and the affected provision will be limited to the minimum extent necessary to make it valid.

No waiver. Failure to exercise a right does not constitute a waiver of that right. Any waiver must be made in writing and applies only to the matter expressly identified.

Assignment. The Customer may not transfer its rights or obligations without Omicron Gama's written authorization. Omicron Gama may assign these Terms to an affiliate, successor, purchaser or entity resulting from a reorganization.

Entire agreement. These Terms, together with the KYC/KYB Policy, the AML Policy, the Privacy Policy, the conditions confirmed for each order and any specific commercial agreement, constitute the entire agreement between Omicron Gama and the Customer. A commercial agreement signed with a Customer may modify these Terms only for that specific relationship.

32. Language

These Terms may be published in several languages. The English version is the master version and prevails in the event of any inconsistency, to the maximum extent permitted by applicable law.

33. Contact

For questions, claims or communications relating to these Terms:

Omicron Gama S.A.
Calle Fulgencio Yegros entre Pedro Juan Caballero y 15 de Agosto
Caaguazú
Paraguay

Commercial matters: [email protected]
Compliance, KYC/KYB and documentation: [email protected]