Xsolla Pay Loyalty Program Terms of Use

Welcome to the Xsolla Pay Loyalty Program!

The Xsolla Pay Loyalty Program (hereinafter referred to as the "Program") allows you to earn Xsolla Points by making purchases through Xsolla Pay and completing other Qualifying Activities.

These Terms of Use (hereinafter referred to as the "Terms") are provided to you (hereinafter referred to as "you" or "user") by Xsolla (USA) Inc. (hereinafter referred to as "we", "us", or "Xsolla") and set forth the rules governing the Program. Please carefully review these Terms before you participate.

By accessing and using Xsolla Points and engaging in the Program, you agree to be bound by these Terms as well as the provisions of EULA, Xsolla Wallet Terms of Use, Xsolla Mall Terms of Use, Xsolla Points Terms and Conditions, and Xsolla Privacy Policy (collectively referred to as the "Legal Agreements") to the extent that they do not conflict with the below-mentioned terms. These Terms are a part of Legal Agreements and incorporated there by reference. If you do not accept and agree to any of the aforementioned Legal Agreements, you shall immediately stop accessing Xsolla Points and participating in the Program.

As used in these Terms, the following terms shall have the meanings set forth below:

"Eligible Purchases" means transactions for digital goods or services made through Xsolla Pay, Xsolla Wallet, Xsolla Mall, or other Xsolla-controlled environments that qualify for Xsolla Points redemption, excluding purchases of physical goods and subscription purchases as specified in Section 5.8.

"Legal Agreements" means the EULA, Xsolla Wallet Terms of Use, Xsolla Mall Terms of Use, Xsolla Points Terms and Conditions, and Xsolla Privacy Policy, which together with these Terms govern your participation in the Program.

"Material Changes" means significant modifications to the Program that substantially affect users' ability to earn, redeem, or otherwise use Xsolla Points, including but not limited to changes to earning rates, redemption values, eligibility requirements, or expiration policies.

"Participating Project" means any Project that has been designated by Xsolla as eligible for the Program, including the earning and/or redemption of Xsolla Points.

"Program" means the Xsolla Pay Loyalty Program described in these Terms, which allows users to earn and redeem Xsolla Points.

"Project" means any game, application, service, or digital content accessible through Xsolla's platform where Xsolla Pay is available as a payment method.

"Qualifying Activities" means specific actions determined by Xsolla that allow users to earn Xsolla Points, including but not limited to making purchases through Xsolla Pay, adding payment methods, participating in promotions, and other activities as communicated by Xsolla from time to time.

"Qualifying Transactions" means completed and non-refunded transactions processed through Xsolla Pay that are eligible for earning Xsolla Points under the Program.

"Xsolla-controlled environments" means digital platforms, applications, services, or websites that are owned, operated, or managed by Xsolla or its affiliates, including but not limited to Xsolla Pay, Xsolla Wallet, and Xsolla Mall.

"Xsolla Pay" means Xsolla's payment service that enables users to make purchases using saved payment methods.

"Xsolla Points" means the non-monetary, promotional virtual currency issued and managed by Xsolla that can be earned through the Program and redeemed for discounts on eligible purchases within Xsolla-controlled environments.

1.1 The Program is designed to reward users who make purchases using Xsolla Pay.

1.2 Under the current model, you will earn three (3) Xsolla Points for every one United States Dollar ($1.00) spent through Xsolla Pay on Qualifying Transactions, up to a maximum of 3,000 Xsolla Points per month (corresponding to $1,000 in Qualifying Transactions). Xsolla may modify the earning rate, maximum monthly Points, or overall structure of the Program in the future. Any such changes will be communicated in accordance with Section 7.2 of these Terms.

1.3 The Program is currently available only to Xsolla Pay users located in the United States. Xsolla may expand the Program to additional jurisdictions in the future, and such expansion will be announced through the Xsolla website, email notifications, or in-app messages. Users in certain jurisdictions may be subject to additional terms, conditions, or limitations based on local laws and regulations. Any jurisdiction-specific terms will be provided to users in the applicable regions prior to their participation in the Program.

1.4 Xsolla Points earned through the Program are non-transferable, have no cash value, and cannot be redeemed for cash or cryptocurrency.

2.1 By accessing and using the Xsolla Points and participating in the Program, you affirm and guarantee that:

1. a) 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 Points.
2. b) You have the legal capacity to enter into a binding agreement and are not prohibited from doing so by any applicable laws.
3. c) You are using your true and correct identity.
4. d) You are not subject to any sanctions, and you are not involved in activities using Xsolla Points that relate to sanctioned individuals, entities, or countries.

2.2 To use Xsolla Points, you must have the Xsolla Wallet account in accordance with the Xsolla Wallet Terms of Use. If your Xsolla Wallet account is terminated for any reason, you will no longer have access to Xsolla Points or the Program.

2.3 You acknowledge that safeguarding the confidentiality of your password is solely your responsibility. You agree to immediately notify Xsolla by contacting our Customer Support at support@xsolla.com in the event there is any fraudulent or unauthorized use of your password or Xsolla Points.

3.1 Qualifying Transactions. You will earn Xsolla Points for completed and non-refunded transactions processed through Xsolla Pay. Qualifying Transactions that are canceled, refunded, or reversed for any reason will not earn Points, and any Points previously awarded for such transactions will be deducted from your account.

3.2 Earning Rate. You will earn three (3) Xsolla Points for every one United States Dollar ($1.00) spent through Xsolla Pay on qualifying transactions.

3.3 Monthly Cap. A maximum of 3,000 Xsolla Points may be earned per calendar month, corresponding to $1,000 in qualifying transactions.

3.4 Bonus Points. Xsolla may, at its discretion, offer bonus Xsolla Points for specific actions, such as adding your first payment card to Xsolla Pay or participating in special promotions. The specific amount of bonus Xsolla Points available for each Qualifying Activity will be clearly communicated through the Xsolla Pay interface, email notifications, or other appropriate channels prior to the Qualifying Activity being completed. Bonus Xsolla Points are subject to the same terms and conditions as standard Xsolla Points, including expiration policies.

3.5 Point Value. Xsolla Points have a redemption value when applied toward eligible purchases. The exact redemption value will be displayed at checkout when the "Use Xsolla Points" option is selected. The standard redemption value is approximately $0.0056 USD per Xsolla Point, but this value is subject to change at Xsolla's discretion. Xsolla will provide notice of any Material Changes to the redemption value in accordance with Section 7.2 of these Terms. The redemption value of Xsolla Points does not constitute a cash value, and Xsolla Points cannot be exchanged for cash under any circumstances.

3.6 Xsolla Points can only be earned and cannot be purchased with fiat currency.

3.7 Opportunities for earning Xsolla Points may be limited by various factors, and Xsolla does not guarantee that Xsolla Points will be available at all times. The use of robots or other automated means to obtain Xsolla Points is strictly prohibited.

4.1 The Xsolla Points awarded to you within the Program will expire twelve (12) months from the date they are earned if not redeemed.

4.2 Additionally, Xsolla Points may be forfeited under the following conditions:

1. a) Xsolla Wallet Closure. If your Xsolla Wallet account is closed for any reason, including but not limited to voluntary closure, inactivity, or breach of the Legal Agreements, any remaining Xsolla Points will be forfeited.
2. b) The Program Termination. Should the Program be terminated, any unredeemed Xsolla Points will be forfeited. We will provide advance notice to the extent possible.
3. c) Fraudulent Activity. Any Xsolla Points earned or redeemed through fraudulent or illegal activities will be forfeited.
4. d) Breach of these Terms. Xsolla Points may be forfeited if you violate these Terms or any of the Legal Agreements.

4.3 Xsolla will provide reasonable notice before any Xsolla Points expire. Expiration dates for Xsolla Points will be clearly displayed in your Xsolla Wallet account user interface. Additionally, Xsolla will send notifications via email or in-app messages at least thirty (30) days prior to any Xsolla Points expiration. It is your responsibility to monitor your Xsolla Points balance and expiration dates regularly through your Xsolla Wallet account.

5.1 Redemption Options. Xsolla Points may be redeemed for discounts on Eligible Purchases through Xsolla Pay, Xsolla Wallet, Xsolla Mall, or other Xsolla-controlled environments. The redemption value of Points will be displayed at checkout when the "Use Xsolla Points" option is selected. All redemptions are subject to these Terms and any additional terms specified at the time of redemption. Xsolla reserves the right to modify available redemption options at any time.

5.2 Cross-Project Redemption. Xsolla Points earned through transactions in one project may be redeemed in another Participating Project, subject to these Terms. You acknowledge and agree that:

1. a) Not all Projects may participate in cross-project redemption,
2. b) Redemption values may vary between Projects,
3. c) Xsolla maintains sole discretion over which Projects participate in cross-Project redemption,
4. d) Cross-Project redemption may be subject to additional verification or security measures.

5.3 Redemption Process. To redeem Xsolla Points, select the "Use Xsolla Points" option during checkout when making a purchase through an eligible Xsolla service.

5.4 Minimum Redemption. There is no minimum number of Xsolla Points required for redemption.

5.5 Redemption Priority. When multiple types of virtual currency or promotional credits are available, you may select only one type to apply to a single transaction. The checkout interface will display all available payment options, including applicable virtual currencies and promotional credits. Each virtual currency or promotional credit has its own terms and redemption value, which may differ from Xsolla Points. Xsolla is not responsible for the terms, conditions, or redemption values of third-party loyalty programs or virtual currencies.

5.6 Non-Refundable. ALL REDEMPTIONS MADE USING YOUR XSOLLA POINTS ARE FINAL AND NON-REFUNDABLE.

5.7 If you use Xsolla Points to make a purchase and wish to request a refund, only the portion of the purchase paid with fiat currency, if eligible, can be refunded. Xsolla Points used in the transaction cannot be refunded under any circumstances.

5.8 Xsolla Points may not be used for: a) purchases of physical goods; b) subscription purchases, including automatic subscription charges.

6.1 When accessing or using Xsolla Points, you are strictly prohibited from engaging in any of the following actions:

1. a) violating these Terms or any other legally binding agreements you have with Xsolla,
2. b) breaching any applicable laws, regulations, or statutes,
3. c) infringing upon intellectual property rights belonging to Xsolla or any third party,
4. d) providing false, misleading, or inaccurate information regarding your identity,
5. e) failing to verify your identity when requested,
6. f) using anonymization tools like proxies to hide your location for bypassing geographical restrictions or for any other purpose,
7. g) participating in any activities that could be deemed fraudulent,
8. h) misusing Xsolla Points in a way that Xsolla reasonably considers abusive to the Program,
9. i) sharing or disclosing another user's information without their explicit consent,
10. j) attempting to replicate, counterfeit, or illegally reproduce Xsolla Points,
11. k) facilitating or enabling viruses, malware, or other harmful code that could damage, interfere with, secretly intercept, or seize control of any system, data, or information,
12. l) deploying robots, spiders, or other automated tools to monitor, copy, or extract data related to Xsolla Points,
13. m) engaging in actions that could lead to Xsolla losing services or support from its providers,
14. n) modifying or defacing any trademarks, logos, or notices associated with Xsolla Points or the Program,
15. o) using Xsolla Points in connection with activities involving sanctioned individuals, organizations, or nations.

6.2 Anti-Fraud Measures. Xsolla employs various anti-fraud technologies and procedures to protect the integrity of the Program. In addition to the prohibited actions listed in Section 6.1, the following activities are specifically prohibited and may result in immediate termination of your participation in the Program and forfeiture of all accumulated Xsolla Points:

1. a) creating multiple accounts to circumvent Program limits or restrictions,
2. b) exploiting technical glitches or errors to obtain Xsolla Points,
3. c) engaging in transaction manipulation, including but not limited to making purchases and subsequently requesting refunds or chargebacks after Xsolla Points have been used,
4. d) using automated systems or bots to earn or redeem Xsolla Points,
5. e) attempting to sell, trade, or transfer Xsolla Points to other users,
6. f) engaging in any pattern of activity that appears to Xsolla, in its sole discretion, to be an attempt to derive improper benefit from the Program.

6.3 Xsolla employs advanced fraud detection systems and reserves the right to investigate any suspicious activity. During such investigations, Xsolla may temporarily suspend the accrual or redemption of Xsolla Points without prior notice. Xsolla's determination regarding fraudulent activity shall be final and binding.

6.4 Xsolla reserves the right to delay the awarding of Xsolla Points pending fraud review, reverse Xsolla Points awarded through suspicious activity, and take any other actions deemed necessary to maintain the integrity of the Program.

7.1 Program Modifications. Xsolla reserves the right to modify any aspect of the Program at any time, including but not limited to:

1. a) earning rates and caps,
2. b) redemption values and options,
3. c) Eligibility Purchases requirements,
4. d) expiration policies.

7.2 Notice of Changes. Xsolla will provide reasonable notice of Material Changes to the Program through the Xsolla website, email, or in-app notifications.

7.3 Program Termination. Xsolla may suspend, modify, or terminate the Program at any time. The Xsolla Points awarded to you within the Program will expire twelve (12) months from the date they are earned if not redeemed.

7.4 Account Termination. If your Xsolla Wallet account is terminated for any reason, all accumulated Xsolla Points will be forfeited immediately without compensation.

7.5 Termination by the User. You may choose to deactivate your participation in the Program at any time by contacting Customer Support at support@xsolla.com. Upon deactivation, all unredeemed Xsolla Points will immediately expire and be removed from your Xsolla Wallet account without any compensation.

8.1 All intellectual property rights associated with Xsolla Points and the Program are owned by Xsolla. By participating in the Program, Xsolla grants you a non-exclusive, non-transferable, and revocable right to access and use the Xsolla Points for your personal purposes. You are strictly prohibited from reselling or distributing Xsolla Points to any third party.

8.2 These Terms do not grant you the right to use any trademarks or service trade names that are owned or registered by Xsolla. Written approval from Xsolla is required for any such use.

9.1 The availability of Xsolla Points is subject to resource availability, including but not limited to network availability, and Xsolla's partners offers for Participating Projects.

9.2 The use of Xsolla Points may be subject to telecommunications, electronic, or system failures, interruptions, or disruptions inherent to electronic distribution.

9.3 THE XSOLLA POINTS ARE PROVIDED ON AN "AS-IS" BASIS. XSOLLA AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES MAKE NO EXPRESS OR IMPLIED GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING ANY ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE OF ANY SOFTWARE, INFORMATION, OR DATA PROVIDED PURSUANT TO THE XSOLLA POINTS.

9.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XSOLLA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, XSOLLA POINTS OR THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY XSOLLA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

9.5 THE AGGREGATE LIABILITY OF XSOLLA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE XSOLLA POINTS OR THE PROGRAM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF $100.

10.1 These Terms shall be governed by and construed in accordance with 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.

10.2 Most of your concerns can be resolved by use of our Customer 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.

10.3 A party that intends to seek arbitration must first send written notice to the other party of its intent to arbitrate ("Notice"). The Notice to Xsolla should be sent by any of the following means:

1. i. via electronic mail to legal@xsolla.com; or
2. ii. by sending the Notice by certified mail to Xsolla (USA), Inc., Attn: Legal Department, 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA.

10.4 The Notice must:

1. i. describe the nature and basis of the claim or dispute; and
2. ii. set forth the specific relief sought.

10.5 If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Xsolla may commence an arbitration proceeding.

10.6 In respect of any and all claims regarding Xsolla and (or) the Program, the application of these Terms are between you and Xsolla (USA), Inc., a company registered in the USA, State of California with company registration number C3140351 and with offices at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA.

10.7 You expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator.

10.8 You and Xsolla agree to submit to the personal jurisdiction of that court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by arbitration by one arbitrator ("Arbitrator") in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, applicable law and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website at www.adr.org, and the provisions of these Terms. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys' fees and other costs related to the arbitration and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may award equitable relief. The Arbitrator's decision(s) shall be final and conclusively binding on the Parties, and the judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The Arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The Arbitrator must follow the applicable law, and any award may be challenged if the Arbitrator fails to do so.

10.9 CLASS ACTION WAIVER: 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.

11.1 Privacy. Xsolla Privacy Policy governs the handling of your data.

11.2 Updates. Xsolla reserves the right to amend the Terms at any time by posting a revised version on this page. Unless otherwise stated, changes will take effect at the time they are published. Your continued participation in the Program and use of Xsolla Points shall signify your acceptance of the updated Terms.

11.3 Severability. If any provision of these Terms is deemed invalid, void, or unenforceable for any reason, that provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.

11.4 Waiver. No waiver of any term or condition shall be deemed a further or continuing waiver, and Xsolla's failure to assert any right under these Terms shall not constitute a waiver of such right.

11.5 Assignment. You may not assign or transfer these Terms, but Xsolla may assign them without restriction and without prior notice to you.

11.6 Communications. Communications between you and Xsolla are electronic. Whether you visit Xsolla platforms or send emails to Xsolla, or Xsolla posts notices or emails you, you consent to receive communications electronically.

11.7 Indemnification. You agree to indemnify, defend, and hold harmless Xsolla, its officers, directors, employees, agents, subsidiaries, affiliates, successors, assigns, suppliers, and licensors from and against any and all liability, loss, claim, damage, cost, or expense (including reasonable attorneys' fees) arising from or relating to: (a) your violation of these Terms, including but not limited to any breach of your representations or warranties; (b) your use or misuse of Xsolla Points or your participation in the Program; (c) your violation of any third-party rights, including but not limited to any intellectual property, property, moral, or privacy rights; (d) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account; or (e) your engagement in any of the Prohibited Actions listed in Section 6. Xsolla reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Xsolla. Xsolla will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11.8 Tax Implications. The accrual and redemption of Xsolla Points may have tax implications in certain jurisdictions. You are solely responsible for any tax obligations that may arise from your participation in the Program. Xsolla does not provide tax advice, and you should consult with a tax professional regarding any potential tax implications of earning or redeeming Xsolla Points.

11.9 Force Majeure. Xsolla shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government action, strikes, labor disputes, internet service provider failures, or any other force majeure event. In such circumstances, Xsolla may suspend, modify, or terminate the Program as necessary.

If you have any questions about the Program or these Terms, please contact Xsolla Customer Support at support@xsolla.com.