Xsolla ID Terms of Use

These Xsolla ID Terms of Use (the "Terms") are a binding legal document between Xsolla (USA), Inc. ("Xsolla," "Company," "we," "us", "our") and you ("User", "you" or "your"), governing the use of Xsolla ID, a proprietary tool designed to facilitate your registration and authorization in the Services (as defined below).

By using Xsolla ID, you agree to be bound by the Terms set forth herein and any legal agreements incorporated into these Terms by reference, and your continued use of the services will indicate your acceptance of these Terms and any incorporated agreements.

IF YOU HAVE NOT READ, UNDERSTOOD OR AGREED TO THESE TERMS, PLEASE DO NOT USE XSOLLA ID OR CEASE ITS USE IMMEDIATELY.

1.1 Definitions. Here are some definitions you can find in these Terms:

a. Applicable Laws mean any applicable foreign, federal, state, and local law, rule, and regulation promulgated by any local, municipal, state, federal, foreign or other governmental body, or any of its representatives or departments, and any regulatory or administrative agency, court or tribunal governing the parties' respective rights, duties and obligations hereunder, as applicable.

b. Services mean services, websites and applications provided by companies that are part of the Xsolla Family or an affiliated entity.

c. User means a natural person who accesses the Services by using Xsolla ID functionality.

1.2 Please take note that by entering these Terms, you represent to Xsolla that you are of the legal age in your jurisdiction of residence. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review these Terms together. PARENTS AND GUARDIANS ARE RESPONSIBLE FOR THE ACTS OF CHILDREN UNDER 18 YEARS OF AGE USING XSOLLA ID.

1.3 Xsolla reserves the right to revise these Terms at any time, in its sole discretion, by posting the updated version on the website. By continuing to access or use the Xsolla ID functionality after those revisions become effective, you agree to be bound by the revised Terms.

2.1 Xsolla ID is a proprietary tool provided by the Company to enable and simplify User registration and authorization across the Services and for other purposes expressly set out in these Terms. Xsolla ID is provided on an "as is" basis, with all faults and defects, and without warranties of any kind.

2.2 Upon successful registration of Xsolla ID, the User may use the registration details provided to authenticate and access the Services. The Company stores and processes such information for the purposes of enabling registration, authentication and use of the Services in accordance with these Terms.

2.3 The User may utilize the Xsolla ID functionality after using one of the registration methods made available by the Company. Such methods may include, without limitation:

a. providing and verifying certain contact details (such as an email address or phone number);

b. using an account of a third-party OAuth provider (such as Google, Facebook or similar services); and/or

c. using authentication methods supported by the User's device, including biometric authentication (such as fingerprint or facial recognition), where available.

Where third-party OAuth providers are used, the User agrees to comply with the applicable terms and policies of such providers and acknowledges that Xsolla does not control and is not responsible for the operation of such third-party services or for any consequences arising from the User's interaction with them.

2.4 Where registration or verification is completed, a universal Xsolla ID profile (the "Profile") is created for the User and associated with the User's Xsolla ID. The Profile is managed centrally by the User and contains a core set of information associated with the User's Xsolla ID. The User may view and manage the Profile, including updating personal information, preferences, security and notification settings, as well as utilize any other features provided in the Profile, subject to these Terms.

To enable registration and authorization in the Services via Xsolla ID, Services integrated with Xsolla ID may be granted access to certain information contained in the Profile, to the extent required for the operation of the relevant Service. Xsolla ID does not request, collect or import user data or derivative data generated within such Services into the Profile. Information about Services connected to the User's Xsolla ID is available in the "Connections" section of the Profile.

2.5 The User may revoke access to the User's Profile information previously granted to a Service by disconnecting such Service through the Profile. Disconnecting a Service terminates the technical association between the Service and the User's Xsolla ID and prevents the use of the Xsolla ID for authorization in that Service.

Disconnecting a Service does not delete or modify the Profile. A disconnected Service may be reconnected by completing a new registration or authorization process using the Xsolla ID.

2.6 Certain Services integrated with Xsolla ID may provide their own user accounts or similar user environments within such Services ("Service Accounts"), the structure, content, and functionality of which are determined by the relevant Service. Service Accounts may display information obtained from the Profile and may allow the User to provide additional information or use additional functionality within the relevant Service. Such information and actions do not modify or supplement the Profile unless expressly stated otherwise.

3.1 When using Xsolla ID, a User shall:

a. comply with the provisions of Applicable Laws, these Terms any other applicable agreements between the User and Xsolla, and the terms and conditions of any Services accessed using Xsolla ID;

b. provide true, complete and up-to-date data when creating or updating an Xsolla ID, the User's Profile and Service Accounts, if applicable, and to keep it up-to-date; and

c. immediately inform the Company about unauthorized access to Services using the User's Xsolla ID and/or of any breach (or suspected breach) of the confidentiality of their Xsolla ID access credentials.

3.2 When using Xsolla ID, a User may not:

a. use Xsolla ID in violation of the requirements stipulated in these Terms and/or in any other applicable agreements between the User and Xsolla;

b. transfer the means of access to Xsolla ID to any third party, as well as assign, sell, exchange or perform any other transactions the subject of which is Xsolla ID and/or access thereto;

c. use Xsolla ID functionality to commit illegal actions;

d. use malicious software and perform any actions intended to disrupt the normal functioning of Xsolla ID;

e. reverse, engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Xsolla ID functionality; and/or

f. adapt, combine, create derivative works of or otherwise modify any part of Xsolla ID and/or any associated tools and materials.

Notwithstanding the foregoing, the aforementioned schedule of restrictive and prohibited kinds of use of Xsolla ID is not exhaustive. Xsolla reserves the right to determine what conduct violates or may violate these Terms or otherwise may be outside the intent or spirit of these Terms.

3.3 The User is solely responsible for all actions performed using the User's Xsolla ID. Any actions carried out through the Services using the Xsolla ID shall be deemed to have been performed by the User.

3.4 The User shall be solely responsible for the security and the safety of the means selected by them to access Xsolla ID functionality, and shall independently ensure their confidentiality. In case of loss of access to Xsolla ID and its functionality, the User may follow the recovery procedure. The Company may refuse to satisfy the User's request to restore access if it is impossible for the User to comply with the established procedure and if there is no confirmation of the User's explicit ownership of the requested Xsolla ID.

3.5 The Company may suspend or terminate User's Xsolla ID, Profile and Service Accounts and otherwise limit or restrict Xsolla ID functionality without explanation, inter alia, in the following cases:

a. detection of suspicious User activity using Xsolla ID;

b. breach of these Terms, the terms of other applicable agreements between the User and Xsolla or Applicable Laws;

c. fraud or any other unauthorized activities; or

d. other cases specified in these Terms.

Xsolla ID and all related materials, including visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software and all other elements of the Xsolla ID ("Materials") are owned and operated by Xsolla (USA), Inc. or an affiliate. All Materials included in the Xsolla ID are the property of Xsolla and are protected by intellectual property and other laws. You are granted the right to use Xsolla ID functionality solely for the purposes specified in these Terms. Except as expressly authorized by Xsolla, you may not make use of Xsolla ID and any Materials. The Company reserves all rights not granted expressly in these Terms.

5.1 When you register an Xsolla ID or take certain actions within your Profile or Service Accounts, you provide Xsolla with information that may include personal data. That may include, for instance, your contact and identity information such as your full name, date of birth, age, sex, nickname, profile picture, email, phone number and limited data from your social media profile (if you authorize via social networks).

5.2 We automatically collect some information when you use Xsolla ID, your Profile or Service Accounts. This includes technical information about your device, hardware or software you use (such as browser type, device type, operating system, etc.) and usage information and statistics (such as page views, time spent on a page, etc.). Xsolla uses cookies and similar technologies to automatically collect this information. For additional information on managing your online privacy while using Xsolla ID, please refer to our Cookie Policy.

5.3 Xsolla processes personal information for the following purposes:

a. to enable a simplified authorization and/or registration in the Services;

b. to restore access in case of problems with authorization in the Services;

c. to enhance User experience and better understand, optimize, develop or improve our websites, products and services based on an analysis of user behavior and aggregate usage metrics;

d. to investigate, prevent, detect and respond to bot activity, fraud, unauthorized access, or other unauthorized activities or misconduct;

e. to send you technical notices, updates, administrative messages, security alerts and information regarding changes to our legal agreements. We also may provide you with marketing communications if we have your consent for such activity or other applicable legal basis. You can opt out of these communications by using the "unsubscribe link" provided within the communications you receive or by contacting us at support@xsolla.com; and

f. for other purposes described in Xsolla's Privacy Policy.

5.4 Xsolla will process your personal information in strict accordance with Applicable Laws in the field of data protection. Please remember that you should provide us with true, accurate, current and complete information about yourself. You can refer to Xsolla's Privacy Policy for the additional information on how we collect, use, share, transfer, store and safeguard your personal data, your data subject rights, as well as our broader data handling practices.

6.1 You represent and warrant that you have validly entered into the contract and have the legal power to do so. You further represent and warrant that you are responsible for your conduct and compliance with these Terms.

6.2 EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, XSOLLA ID IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

By using Xsolla ID, you agree to fully indemnify, defend and hold harmless Xsolla, its owners, officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors from any liability, loss, claim or expense (but not limited to reasonable attorneys' fees) related to (a) any claim due to or arising out of your violation of the Terms, including but not limited to claims arising out of a breach of your representations or warranties made under these Terms, or violation of Applicable Laws; (b) your use of (or any use by a third party on your behalf) Xsolla ID; or (c) your violation of any third-party rights, including but not limited to any copyright, property, moral, or privacy rights.

8.1 To the fullest extent permitted by law in each applicable jurisdiction, Xsolla, its owners, officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from: a) errors, mistakes or inaccuracies of or in any content; b) any unauthorized access to or use of Xsolla ID, your Profile and/or other information stored therein; c) events beyond the reasonable control of Xsolla, including any Internet failures, equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, fires, floods, storms, earthquakes, epidemics/pandemics, explosions, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or d) losses of use, data, profits, goodwill or other intangible losses, resulting from the use or the inability to use Xsolla ID.

8.2 You acknowledge and agree that the limitations of liability and disclaimers of warranties set forth in these Terms reflect a reasonable and fair allocation of risk between you and Xsolla, and that these limitations are an essential basis of the bargain between the parties.

9.1 Governing Law. These Terms and their interpretation, and any disputes that arise hereunder, shall be governed in all respects by the laws of the State of California, USA, without giving effect to any principles that may provide for the application of the law of another jurisdiction.

9.2 Disputes. Most User 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 HERETO 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 accountant's 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.

10.1 These Terms are effective until terminated. You may terminate these Terms at any time upon notice to Xsolla.

10.2 If you violate these Terms or any of the Applicable Laws, Xsolla reserves the right, in its sole discretion, to terminate these Terms with immediate effect. We may take any action we deem reasonable in our sole discretion against users who do not comply with the Terms, which may include banning Users. Once the termination comes into effect, all rights of Users to use Xsolla ID shall terminate.

10.3 Upon termination of these Terms for any reason, Section 4 and Sections 6-11 will survive. Termination of these Terms shall be without prejudice to any rights or liabilities accrued at the date of the termination.

11.1 Notices. Xsolla may give notice to you by means of a general notice to you through your electronic mail to your email address in our records or by written communication sent by first-class mail, postage prepaid, or overnight courier to your address on record, provided Xsolla has your physical address.

11.2 Severability. Except as otherwise expressly set forth in these Terms, in the event that any provision of these Terms is held to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining portions of these Terms shall remain in full force and effect. These Terms constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersede any prior oral or written agreements. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms.

11.3 Enforcement. Xsolla's obligations are subject to existing laws and legal processes, and Xsolla reserves the right to comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

11.4 Compliance. You agree to comply with all Applicable Laws and regulations in the field of import and export. You agree not to export any part of the Services or allow the use of the Services on your behalf by individuals of any terrorist-supporting countries to which the authorities restrict encryption exports at the time of exportation. You represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted country.

If you have any questions or concerns about these Terms, please contact us at: support@xsolla.com or write to us at: 15260 Ventura Boulevard, Suite 2230 Sherman Oaks, California 91403, Attention: Legal Department.