Xsolla Backpack Terms of Use

Welcome to your Xsolla Backpack (or “Backpack”) where you (“user” or “you”) can check and control your digital assets such as in-game purchases, rewards, virtual in-game currencies, subscriptions and other items made available through Xsolla, while enjoying multiple great features as described below.

Xsolla Backpack is developed and operated by Xsolla (USA), Inc. (“Xsolla”, “us”, “we”) to improve your game experience. By registering and creating your account with Xsolla (as defined below) and starting to use the Xsolla Backpack, you agree to be bound by the Terms of Use (“Terms”) set forth herein and any legal agreements incorporated into these Terms by reference, and your continued use of the services or products will indicate your acceptance of these Terms and any incorporated agreements.

Please carefully read these Terms. If you are under the age of 18 (or the age of majority where you live), you must ask your parent(s) or legal guardian(s) to review them first and they can guide you as to the next best steps. Please follow these rules.

IF YOU HAVE NOT READ, UNDERSTOOD AND AGREED TO THESE TERMS, PLEASE DO NOT USE XSOLLA BACKPACK.

1.1. Xsolla Backpack is a web-based platform that provides tools and features enabling you to view, collect, store and manage various digital items and products - such as purchases, virtual in-game currencies, digital goods, rewards and transactions - and to interact with gaming projects and activities within the Xsolla ecosystem in various ways where earning, collecting and spending become seamless parts of your gameplay journey.

Xsolla Backpack may allow actions such as viewing, claiming, transferring, redeeming, selling or recycling certain items and using them across multiple games.

You will be required to sign up and log in with your Xsolla ID (a proprietary tool that facilitates and simplifies registration and/or authorization in the Xsolla ecosystem) account in accordance with the Xsolla ID Terms of Use to access and use Backpack in projects where it is integrated to improve your experience. It’s important to note that some projects integrated with Xsolla Backpack may have their own specific policies and terms of use. When using any other feature with Xsolla Backpack, please be sure to familiarize yourself with and abide by the respective policies and / or terms of use.

1.2. If you’ve had in-game purchases and subscriptions with Xsolla before, you may agree to add them to your Xsolla Backpack. To add them, you will be prompted to enter a transaction number, date, amount paid and billing address. Your account will allow you to review your transactions. Please note, you won’t see some transactions due to instructions and agreements between certain game publishers and Xsolla, but you can always check these transactions in your in-game account.

The below sub-sections describe projects and features available via Xsolla Backpack. The available features may be extended, modified or discontinued from time to time at Xsolla’s discretion.

2.1 XSOLLA PAY

2.1.1 To improve your gaming experience, you may be prompted to use a payment feature called Xsolla Pay. It will allow you to save your preferred payment method with Xsolla and use it across all games supported by Xsolla. You can also delete or change saved card data at any time using your Xsolla Backpack. Please note that you may be charged a service fee for using Xsolla Pay, depending on the individual game settings. When you see an offer of Xsolla Pay on Pay Station, you can follow the interface instructions and set your custom payment options with Xsolla.

2.1.2 Please note that Xsolla Pay isn’t available for some games because of their individual settings.

2.1.3 Xsolla Pay is not a money transfer service; rather, it is a technology that optimizes and improves your user experience.

2.1.4 There is a special loyalty program applicable to the Xsolla Pay feature that may be found at the Xsolla Pay Loyalty Program Terms of Use.

2.2 IN-GAME VIRTUAL CURRENCIES

2.2.1 You may purchase, or at Xsolla’s discretion you may be granted, a certain universal in-game virtual currency (referred to as “Virtual Game Currency”), which will be credited to your Xsolla Backpack balance. Virtual Game Currencies may be used exclusively within the Xsolla ecosystem, for example, to purchase subscriptions, digital items, games and other offerings. The “Xsolla ecosystem” refers to a closed-loop environment consisting of, but not limited to, websites, platforms and other digital products owned or operated by Xsolla, its affiliates or its partners. Please note that the actual name of Virtual Game Currency may vary depending on the particular product in the Xsolla ecosystem and may be governed by additional terms of use; however, the terms and conditions outlined here will continue to apply regardless of the name used. By the way of example, the following are certain types of existing Virtual Game Currencies:

a. Xsolla Points are non-monetary, promotional in-game virtual currencies issued and managed by Xsolla that can be earned by completing various activities within the Xsolla ecosystem and redeemed for discounts on eligible purchases within the Xsolla ecosystem. Governed by Xsolla Points Terms and Conditions;

b. Xsolla Gold is a closed-loop, in-system in-game virtual currency developed by Xsolla. It is used to purchase digital content within the Xsolla ecosystem and can be applied as full or partial payment for eligible items. Governed by Xsolla Gold Terms and Conditions.

The list of Virtual Game Currencies is non-exhaustive and may be amended from time to time at Xsolla’s sole discretion.

2.2.2 In order to use Virtual Game Currency within the Xsolla ecosystem, it may be formally associated with a fiat currency (“initial currency”). However, under no circumstances will Virtual Game Currency have any monetary value. If the price of a digital item or subscription is listed in a currency other than the initial currency and you choose to pay with Virtual Game Currency, the amount required may be adjusted based on the conversion rate published on xe.com on the date of purchase. Additional details regarding usage and conversion of Virtual Game Currency may be outlined in applicable rules or guidelines we publish from time to time on relevant websites. These will form an integral part of these Terms. In case of any inconsistency, these Terms will prevail.

2.2.3 Notwithstanding the foregoing, Virtual Game Currency is non-convertible, non-transferable and non-exchangeable. This means it has no monetary value and it cannot be exchanged for cash, any other currencies, value, property, real goods, services or for any other economic benefit. Virtual Game Currency cannot be gifted, traded, transferred, or sold to other Xsolla Backpack users or third parties. It is solely for use by you within the Xsolla ecosystem. Additionally, it cannot be pledged, subjected to any security interest or jointly possessed with another person or a third party. Please be aware that any attempt to use Virtual Game Currency in violation of these Terms may result in the suspension or termination of your Xsolla Backpack and/or associated Virtual Game Currency, as further described below.

2.2.4 Virtual Game Currency does not constitute property or imply ownership. When you receive Virtual Game Currency, you are granted a limited, personal, revocable, non-sublicensable, non-refundable, non-transferable license to use it solely within the Xsolla ecosystem, subject to these Terms, until your license expires or is terminated.

2.2.5 Unless otherwise required by law or determined by Xsolla at its sole discretion, Virtual Game Currency is non-refundable. All transactions involving Virtual Game Currency are final and not subject to reimbursement.

2.2.6 Your Xsolla Backpack balance may not exceed the equivalent of $2,000 USD in Virtual Game Currency on any given day.

2.2.7 Xsolla reserves the right, at its sole discretion, to immediately reduce, liquidate, suspend, deactivate, remove access to and/or terminate your Virtual Game Currency and/or Xsolla Backpack if Xsolla reasonably suspects any breach of these Terms or any other applicable terms, or if fraudulent or illegal activity related to Virtual Game Currency is detected / suspected.

2.2.8 YOUR USE OF THE VIRTUAL GAME CURRENCY IS AT YOUR OWN RISK. Xsolla is not responsible for any loss, theft or damage related to your Virtual Game Currency. Please note that the availability of Virtual Game Currency is not guaranteed. Xsolla reserves the right, at its sole discretion, to cancel Virtual Game Currency if it is determined that the Virtual Game Currency was obtained through error, fraud, deception or by any means not authorized under these Terms. Furthermore, Xsolla reserves the right to modify, suspend or terminate Virtual Game Currency at any time, for any reason, with or without prior notice to you.

2.2.9 Xsolla is not liable for any unauthorized access to your Xsolla Backpack balance or for any resulting loss of Virtual Game Currency or digital assets. You are solely responsible for maintaining the security of your own devices, passwords and private keys to help prevent such incidents.

2.2.10 By using Virtual Game Currency, you agree to indemnify and hold harmless Xsolla and its owners, officers, directors, employees, partners, service providers and affiliates from any and all claims, damages, losses, liabilities and expenses (including legal fees) arising from your use of Virtual Game Currency or your violation of these Terms.

2.3 XSOLLA REWARDS

2.3.1 You can participate in the rewards campaigns organized by Xsolla by completing various actions such as clicking on a link, watching a video, reading an article, subscribing to a channel, joining quiz games for profile fulfillment, joining minigames, participating in giveaways, etc. This list is not exhaustive and may vary depending on the campaign. Participation in rewards campaigns is governed by the Xsolla Rewards Terms that can be found at https://x.la/legal-agreements.

2.3.2 Participate in Xsolla Rewards events, claim your reward and redeem them for in-game items. To receive some types of in-game items, your game or streaming platform account must be linked to Xsolla. Your items will appear in your Xsolla Backpack. Check it regularly to receive more rewards and offers from Xsolla and its game partners. Detailed rules for each Xsolla Rewards event are set by game developers and Xsolla. This includes the number and content of distributed rewards, the participation period and the conditions for receiving rewards. Rewards promo codes are securely stored in your Xsolla Backpack, and you can check them at any time.

2.3.3 As part of our services, you may also have access to Xsolla Points, which are rewards points that can be earned and stored in your Backpack. Xsolla Points offer various benefits and are governed by the Xsolla Points Terms and Conditions. Please review those terms for detailed information on how Xsolla Points can be received and used (see Section 2.2.1 for more details and link).

2.4 XSOLLA MONEY ACCOUNT

2.4.1 The Xsolla Money Account feature, which is also available in your Xsolla Backpack, is designed to provide a secure and convenient way to manage financial transactions related to Xsolla services. By registering for Xsolla Money Account, you enter into a legally binding agreement with Xsolla. The terms of Xsolla Money Account are located at the Xsolla Money Account Terms of Use and will be provided to you before registration.

2.4.2. The primary functions of the Xsolla Money Account include:

a. Managing Your Balance. This allows you to view, control and manage your balance, including receiving payments for services provided to Xsolla.

b. Viewing Transactions History. You are allowed to access your transaction history and view statements related to these transactions. If you notice any unrecognized or incorrect entries or transactions, please notify us as soon as possible at support@xsolla.com.

c. Withdrawing Money. Users can withdraw funds from the Xsolla Money Account. Note that Xsolla may charge a fee for processing these withdrawals. The precise fee amount will be disclosed to you upon initiation of the withdrawal process. Please read more in the terms of service that apply to Xsolla Money Account.

2.4.3 Skrill USA, Inc. is Xsolla Money Account’s processing partner, providing processing services. When you register for Xsolla Money Account, you’ll need to review and agree to Skrill USA, Inc.’s terms and conditions, as they are integral to the functioning of Xsolla Money Account.

2.4.4 Xsolla is the data controller of all personal data associated with Xsolla Money Account. We are committed to protecting your data in accordance with our Privacy Policy and relevant data protection regulations.

3.1 The Xsolla Backpack gives you access to help features, including submitting support requests and requesting refunds for eligible purchases.

3.2 If you need assistance, whether it’s related to a purchase, a payment issue, a refund or access to digital content you’ve bought through Xsolla, you can reach out to our support team at support@xsolla.com. Help is available through real-time chat or by sending us an email, and we’ll do our best to respond promptly and resolve your issue.

4.1 Xsolla is your trusted companion in the virtual world. As a registered Xsolla user who has provided an email address, you may occasionally hear from us via email. These messages are designed to keep you informed, engaged and up to date. For example, we may reach out to:

a. Share important information about your Xsolla Backpack or recent transactions;

b. Notify you of updates to our policies or terms of service;

c. Provide support and updates related to your personal Xsolla Backpack experience;

d. Invite you to participate in community activities such as commenting on content, joining online games, contests, special events, rewards programs, surveys or other interactive opportunities;

e. Keep you informed about exclusive Xsolla rewards campaigns and personalized offers; and

f. Offer insights into the latest news, trends and developments in the gaming industry, including events, product launches and key updates relevant to gamers and creators alike.

4.2 Our goal is to not only help you manage your digital purchases and Xsolla Backpack more easily but also to connect you with valuable content and opportunities across the gaming ecosystem.

4.3 Xsolla Backpack is continuously evolving and offering new opportunities for improving your web experience. We may offer you to try new options of Xsolla Backpack features. Please read the related instructions before using the latest perks from Xsolla as they constitute the entire agreement with the Terms.

5.1. The General Settings section allows you to manage your Xsolla Backpack account details and contact info, such as name, email, phone and shipping address. Here you can also change the language, request Xsolla Backpack records or delete your Xsolla Backpack.

5.2. The Privacy Settings section is a vital component that allows you to control your personal information and the way it is used by Xsolla Backpack. This section includes a range of options that you can customize to safeguard your privacy and security while using your Xsolla Backpack. By contacting us at support@xsolla.com, you can request the data that Xsolla stores in your Xsolla Backpack account, withdraw your data consent or exercise any other of your rights. Xsolla will respond to your inquiry within 30 days (or as otherwise required by applicable law).

6.1 We collect personal data that you provide directly to Xsolla either through a registration form or when interacting with us in connection with your transactions or use of certain Xsolla Backpack features, such as quests, event-based rewards or surveys, that may require additional information. This information is necessary to provide the features and services available within the Xsolla Backpack, as outlined above.

6.2 We may process the following types of personal data for purposes such as:

a. Account Creation and Management. We use your email address or phone number to help you register and manage your Xsolla Backpack account. This information also helps us personalize your experience and keep your account updated.

b. Support and Refund Requests. To assist you quickly and effectively, we may ask for details such as your name, email address, phone number and/or transaction ID.

c. Marketing and Communication. With your consent, we may send you personalized marketing messages, including special offers, promotions and updates about Xsolla or our trusted partners. You can unsubscribe at any time using the link in our emails or by contacting us at support@xsolla.com. Please note that unsubscribing will not affect any prior processing based on your earlier consent.

d. News and Updates. We may inform you about important changes to your account, our policies or security measures. If you opt out of receiving such notices, you are solely responsible for staying informed and taking any necessary actions.

e. Optional Participation. Certain Xsolla Backpack features, such as quests, event-based rewards or surveys, may require additional information (e.g., gameplay preferences or engagement data) to tailor content and issue virtual goods or rewards. Participation in these activities is optional and not required for general use of the Xsolla Backpack.

f. Legal and Regulatory Compliance. We may process your information as permitted or required by applicable law.

6.2.1 When data is collected, it’s done voluntarily and only for providing the services you’ve chosen to use.

6.2.2 Consistent with applicable law, and subject to your choices and settings, we may also use your information or data from your associated devices to:

a. Improve and optimize our apps, websites, services and features, including through research and analytics;

b. Detect and prevent fraud, security threats and violations of our policies; and

c. Notify you about safety issues or product recalls.

6.3 Only authorized Xsolla personnel who need your data to provide our services have access to it. If we work with external service providers, their access is limited strictly to what’s required to fulfill their task or contract. We take technical, organizational and legal steps to ensure that your data remains protected in compliance with relevant data protection laws. We do not share your data with third parties for advertising purposes unless you have opted in to a program or offering with express consent.

6.4 We store your personal data only for as long as necessary to fulfill legal or contractual obligations or as long as we have your valid consent.

6.5 We use cookies to improve site functionality, personalize content, enhance navigation, remember your preferences and display more relevant ads. Cookies also help us remember settings such as your preferred language. You can adjust your preferences at any time by visiting “Privacy Settings” (or “Do Not Sell or Share My Personal Data” for U.S. users) in the footer of your account. For more details, please review our Cookie Policy.

6.6 You have rights under applicable data protection laws, including: (i) right of access, (ii) right to rectification, (iii) right to erasure, (iv) right to restrict processing, (v) right to object and (vi) right to data portability. These rights are provided under regulations such as the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). To exercise these rights, you can use the Privacy Settings in your account or contact us at support@xsolla.com. More detailed information about your privacy rights and how we protect your data is available here.

6.7 From time to time, Xsolla may send you updates about relevant events, new quests, special offers, promotions or personalized content recommendations, based on your gameplay patterns and preferences. You can manage your marketing preferences at any time via the Xsolla Backpack settings or by following the instructions in our emails. Choosing to opt out of marketing messages will not affect your access to the Xsolla Backpack or its core services.

6.7.1 To enhance your interactive experience, such as participating in reward-based events, we may ask for specific data, like your basic profile information or gameplay preferences. This data collection is optional and only applies to activities where virtual items or digital rewards are offered. This ensures (i) you receive content that’s tailored and relevant to your interests and (ii) we can provide fair, engaging compensation for participation in such activities.

6.8 All data collected is limited to what’s necessary to support your experience and is handled transparently, lawfully and in accordance with our Privacy Policy, Cookie Policy and applicable data protection regulations.

6.9 Please note that this practice of exchanging limited personal data for enhanced content access is standard in the gaming industry. It does not constitute a sale of your personal data or any form of coercion. Instead, it allows us to offer you a richer, more personalized gaming experience.

7.1 By registering with Xsolla and using Xsolla Backpack and other Xsolla services (services / websites / applications provided by companies that are part of the Xsolla Family or any other affiliates), you agree that the information that you provide is true, accurate, current and complete. Without limiting any other provisions of these Terms, you may not use false identities or impersonate any other person or use a username (or nickname) or password that you are not authorized to use. You may not use another user’s account. You are solely responsible for maintaining the confidentiality of your Xsolla Backpack, username and password and for all activities associated with or occurring in your Xsolla Backpack. You represent and warrant that your account information will be accurate at all times. To the maximum extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of your use of your account. You agree to comply with all applicable local, national and international laws, rules and regulations (above and hereinafter “applicable law”) regarding online conduct and the transmission of information on the internet and governing the parties’ respective rights, duties and obligations hereunder, as applicable.

7.2 You may not transfer your Xsolla Backpack details and access to any other person, and you may not use anyone else’s Xsolla Backpack account at any time without the permission of the holder of such an account.

7.3 You agree not to use your Xsolla Backpack account for any of the following purposes:

a. Transmitting content that is unlawful, threatening, harmful, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable based on race, ethnicity or other factors;

b. Harming or harassing any person or entity in any way;

c. Impersonating any individual or organization, including but not limited to Xsolla or an affiliate, its employees or agents, or community moderators, or misrepresenting your affiliation with any person or entity;

d. Falsifying or manipulating identifying information to conceal the origin of any content transmitted through or stored in your Xsolla Backpack;

e. Sharing content that you are not authorized to disclose under applicable law or contractual obligations (such as insider information, proprietary data or information protected by nondisclosure agreements);

f. Transmitting material that infringes on the intellectual property rights of others, including copyrights, trademarks, trade secrets or patents;

g. Uploading, posting or sharing unsolicited or unauthorized advertisements, promotional materials, spam, mass emails, spoofed email addresses, chain letters or content related to pyramid schemes or similar solicitations;

h. Transmitting or distributing any files or programs that contain viruses, malware or other code designed to damage, interrupt or limit the functionality of software, hardware, or telecommunications equipment;

i. Interfering with or disrupting Xsolla’s servers or networks, or failing to comply with any network rules, policies or procedures;

j. Violating any applicable laws, whether intentionally or unintentionally;

k. Collecting, storing or sharing personal information about other users without their explicit consent; and

l. Engaging in any conduct that constitutes an offering or sale of securities, commodities, derivatives or other regulated financial instruments.

Please note that by accepting these Terms, you confirm and represent the following to Xsolla:

a. You are of legal age in your country or region of residence. If you are between the minimum required age and 18 (or the age of majority where you live), you and your parent or legal guardian must review these Terms together. Parents and guardians are responsible for the actions of users under 18 who access Xsolla. If you are under the age of majority in your jurisdiction of residence, you must obtain consent from your parent or legal guardian before agreeing to these Terms. Your parent or legal guardian may review and accept these Terms and any documents or policies incorporated by reference on your behalf.

b. You are creating and using your Xsolla Backpack account voluntarily, with full understanding of your actions and their implications.

c. You agree to register your Xsolla Backpack account using your own details and not to impersonate any other individual or attempt to conceal your identity from Xsolla.

d. You understand that the telecommunications infrastructure and internet services necessary to access Xsolla are outside of Xsolla’s control, and we cannot be held responsible for service interruptions, slowdowns or other network-related issues.

e. You agree not to use any tools or services intended to hide or alter your real location for the purpose of accessing restricted content, engaging in illegal activities or circumventing government-imposed limitations.

Xsolla Backpack is owned and operated by Xsolla (USA), Inc. or an affiliate. Visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services and all other elements of the Xsolla Backpack (“Materials”) provided by Xsolla are protected by intellectual property and other laws. All Materials included in the Xsolla Backpack are the property of Xsolla. Except as expressly authorized by Xsolla, you may not make use of any Materials. We reserve all rights to the Materials not granted expressly in these Terms.

You agree to fully indemnify, defend and hold harmless Xsolla (USA), Inc., its parent, subsidiaries and affiliates, and their respective owners, directors, officers, employees, shareholders, licensors, partners, contractors or agents, from and against any and all loss, claim, damage, cost, liability and expense (including attorneys’ fees and costs and auditors’ fees) arising from or relating to your use or misuse of the website, related games or their content or your breach of these Terms or applicable law, or arising out of a claim by any other user, developer or any other third party related to any action or omission by you.

11.1 THE XSOLLA BACKPACK, ALONG WITH ALL FEATURES, MATERIALS AND CONTENT AVAILABLE THROUGH IT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XSOLLA MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE BACKPACK OR THE FEATURES, MATERIALS AND CONTENT IT OFFERS. THIS INCLUDES, WITHOUT LIMITATION: (I) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT; AND (II) WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE DO NOT GUARANTEE THAT THE BACKPACK, ITS FEATURES OR ANY CONTENT PROVIDED WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, NOR DO WE WARRANT THAT DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS WILL BE IDENTIFIED OR CORRECTED.

11.2 Any advice or information you receive from Xsolla, whether written or spoken, does not create any warranty not explicitly stated in these Terms. We are not responsible for any damage or loss resulting from your use of the Backpack or interactions with other users. You understand and agree that you use the Xsolla Backpack and any of its features at your own discretion and risk, and that we are not liable for any damage to your device or system, or for the loss of data, including user-generated content.

11.3 The disclaimers, limitations and exclusions described in this section apply to the fullest extent permitted by applicable law. Xsolla does not disclaim any rights or warranties that cannot be excluded under applicable law.

12.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XSOLLA WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES) ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE XSOLLA BACKPACK OR ANY FEATURES, MATERIALS OR CONTENT THEREIN. THIS APPLIES REGARDLESS OF THE LEGAL BASIS, WHETHER IT BE WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER THEORY, AND EVEN IF XSOLLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Except for claims related to breaches of proprietary rights as described in Section 9 and indemnification obligations under Section 10, the total cumulative liability of either party, together with its affiliates, arising from or related to these Terms (regardless of the cause or form of action, including negligence) shall not exceed one hundred U.S. dollars ($100). This limitation applies whether the claim is based on contract, tort or any other legal theory, and it does not affect your obligation to make any required payments under these Terms. Neither Xsolla nor its affiliates will be liable to you for any offering unless damages are established by a final judgment from a court or arbitrator and subject to the limitations set out in this Section.

12.3 Each provision in these Terms that limits liability, disclaims warranties or excludes damages is intended to allocate risk between the parties and forms an essential part of the overall agreement. These provisions are independent and enforceable separately from the rest of the Terms. The limitations outlined in this Section will still apply even if a limited remedy is deemed to have failed in its essential purpose.

13.1 Governing Law. These Terms, including their interpretation and any disputes arising from them, are governed by the laws of the State of California, USA, without regard to any conflict of law principles that would apply the laws of another jurisdiction. Any claims or disputes related to purchases of the digital content will be resolved according to the End User License Agreement.

YOU AND XSOLLA AGREE THAT ANY CLAIMS MUST BE BROUGHT INDIVIDUALLY, AND NOT AS PART OF A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.

13.2 Disputes. Most of your concerns can be resolved by use of our Xsolla support email address support@xsolla.com. If we are unable to resolve your concerns and a dispute remains between you and Xsolla, this section explains how we agree to resolve it.

Any dispute arising out of or in connection with the Terms shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. Judgment on the arbitral award may be entered in any court having jurisdiction thereof. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.

This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountants’ fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose.

YOU AND XSOLLA AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.3 Term and Termination. These Terms remain in effect until terminated. You may terminate them at any time by notifying Xsolla or by deleting your Xsolla Backpack.

13.4 Xsolla reserves the right to terminate these Terms immediately if you breach any of their provisions or if we reasonably believe you have not complied with them. We may also take appropriate action, including restricting access or banning users, if your conduct violates the letter or spirit of these Terms. Where possible, and if the issue can be resolved, we’ll offer you a reasonable opportunity to correct it.

13.5 Modifications. We may update these Terms from time to time at our sole discretion. We also reserve the right to modify or discontinue features of the Xsolla Backpack at any time, with or without notice. New features may be introduced without requiring your prior consent, though you always have the option to decline using them. We are not liable for any modifications, feature removals or temporary or permanent interruptions to your access to the Xsolla Backpack.

13.6 Contact Details. If you have any additional questions, or concerns, or you need help with something not covered in these Terms, you can contact us at legal@xsolla.com or write to:

Legal Department
Xsolla
15260 Ventura Boulevard, Suite 2230
Sherman Oaks, California 91403
USA