Xsolla Points Terms and Conditions

Welcome to the Xsolla Points Rewards Program!

The Xsolla Points Rewards Program (hereinafter referred to as the “Program”) allows you to earn rewards points (hereinafter referred to as “Xsolla Points”) by completing various challenges, making purchases, and more.

These Terms and Conditions (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 the 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, 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.

By accessing and using the Xsolla Points and participating in the Program, you affirm and guarantee 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 Points.
• You have the legal capacity to enter into a binding agreement and are not prohibited from doing so by any applicable laws.
• You are using your true and correct identity.
• 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.

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

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. Xsolla shall not be liable to compensate for any losses you incur, as it is your responsibility to take necessary precautions to protect your password.

You understand and accept that any use or attempted use of the Xsolla Points associated with your Xsolla Wallet, except in cases of gross negligence by Xsolla, will be considered as authorized by you, and you will be bound by such use, regardless of whether it was authorized by you.

Xsolla may require identity verification to ensure your ownership of your Xsolla Points, which is crucial for taking appropriate actions when unauthorized usage is suspected or resolving ownership disputes.

You give Xsolla, or its third-party providers when applicable, permission to conduct inquiries and gather necessary documents to verify your identity. You agree to provide information that is truthful, accurate, up-to-date, and verifiable through legally recognized documentation from your location.

Unclaimed Property. If your Xsolla Points remain unused or unclaimed for a period specified under applicable U.S. state laws, they may be deemed unclaimed property. In such cases, Xsolla may be required to remit the unclaimed Xsolla Points to the appropriate state authority. You agree that Xsolla is not responsible for any claims or losses arising from Xsolla’s compliance with applicable unclaimed property laws.

The Xsolla Points Program allows users to earn Xsolla Points by completing various activities within Xsolla ecosystem, including but not limited to participating in the Offerwall campaigns, completing surveys, watching advertisements, downloading applications, purchasing products, and participating in other services offered by Xsolla and its partners. Each activity is allocated a specific amount of Xsolla Points. After completing the required action, your Xsolla Wallet will be topped up with the designated amount of Xsolla Points. Your Xsolla Wallet is designed to receive and hold Xsolla Points for your convenience. If you delete your Xsolla Wallet, you will irretrievably lose all the Xsolla Points stored in it.

Please note that Xsolla Points can only be earned and cannot be purchased with fiat currency.

Opportunities for earning Xsolla Points may be limited by advertisement inventory or other 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.

Xsolla Points are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except as described herein or as required by governing law. Xsolla prohibits and does not recognize any purported transfers of Xsolla Points outside of the Xsolla Wallet, or the purported sale, lease, gift, or trade offline of anything that appears or originates outside of Xsolla Points. Xsolla Points are not equivalent to any currency amount and cannot be converted into any currency.

Xsolla Pay Loyalty Program. As part of the Program, users may also earn Xsolla Points through participation in the Xsolla Pay Loyalty Program, which offers rewards for completing specific qualifying activities, such as making purchases via Xsolla Pay. The Xsolla Pay Loyalty Program is governed by its own Terms of Use, which provide additional details specific to that program.

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

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.

Xsolla Points redemptions must be made in the credits specified in the user interface when you complete your purchase.

Xsolla Points can be used for purchases, either partially or fully. When using your Xsolla Wallet to pay for items, you will see the option to apply your Xsolla Points for partial or full payment if available.

The ability to apply Xsolla Points to your purchase may be limited by Xsolla’s partners and therefore may not be available to you.

Xsolla Points may not be used for:

• Purchases of physical goods;
• Subscription purchases, including automatic subscription charges.

Use with Other Virtual Currencies. Xsolla Points are separate from any third-party virtual, in-game, or loyalty currencies that may be available within Xsolla’s ecosystem or partner projects. Users who hold and use multiple types of currencies are responsible for reviewing the applicable terms, as rules regarding accrual, expiration, redemption value, and eligible use may differ between issuers. Xsolla does not guarantee interoperability between Xsolla Points and any other form of virtual currency or rewards.

Xsolla Points are subject to expiration due to inactivity. If no Qualifying Activity (as defined below) affecting the Xsolla Points balance occurs within a continuous period of twelve (12) consecutive months, the entirety of the user’s Xsolla Points balance shall be deemed void and reset to zero (0). For the purposes of this section, “Qualifying Activity” shall be defined as either:

• the earning of any non-zero amount of Xsolla Points; or
• the spending of any non-zero amount of Xsolla Points.

Once forfeited, Xsolla Points cannot be reinstated. However, users may continue to earn new Xsolla Points unless their account has been deactivated.

Please note the following conditions under which Xsolla Points may be forfeited:

• Xsolla Wallet Closure: If your Xsolla Wallet 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.
• The Program Termination: Should the Program be terminated, any unredeemed points will be forfeited. We will provide advance notice to the extent possible.
• Fraudulent Activity: Any Xsolla Points earned or redeemed through fraudulent or illegal activities will be forfeited.
• Breach of these Terms: Xsolla Points may be forfeited if you violate these Terms or any of the Legal Agreements.

When accessing or using Xsolla Points, you are strictly prohibited from engaging in any of the following actions (hereinafter referred to as “Prohibited Actions”):

• Violating these Terms or any other legally binding agreements you have with Xsolla.
• Breaching any applicable laws, regulations, or statutes
• Infringing upon intellectual property rights belonging to Xsolla or any third party.
• Providing false, misleading, or inaccurate information regarding your identity.
• Failing to verify your identity when requested.
• Using anonymization tools like proxies to hide your location for bypassing geographical restrictions or for any other purpose.
• Participating in any activities that could be deemed fraudulent.
• Misusing Xsolla Points in a way that Xsolla reasonably considers abusive to the Program.
• Sharing or disclosing another user’s information without their explicit consent.
• Attempting to replicate, counterfeit, or illegally reproduce Xsolla Points.
• 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.
• Deploying robots, spiders, or other automated tools to monitor, copy, or extract data related to Xsolla Points.
• Engaging in actions that could lead to Xsolla losing services or support from its providers.
• Modifying or defacing any trademarks, logos, or notices associated with Xsolla Points or the Program.
• Using Xsolla Points in connection with activities involving sanctioned individuals, organizations, or nations.
• Undertaking any activities that, at Xsolla’s sole discretion, could harm or tarnish Xsolla’s reputation.

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.

Except where explicitly stated in these Terms, nothing herein shall be interpreted as granting or providing you with any rights, licenses, or interests in Xsolla’s intellectual property. This includes, but is not limited to, the rights to copy, decompile, distribute, publish, store, create derivative works from, or otherwise utilize Xsolla’s intellectual property in any unauthorized manner.

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.

You are expressly forbidden from reverse engineering or attempting to reverse engineer any part of Xsolla’s services, the Program, or Xsolla Points. If you become aware of any third-party engaging in such activities, you are required to notify Xsolla immediately.

Xsolla reserves the right, at its sole discretion, to terminate your access to the Xsolla Points and the Program immediately and without any compensation, under the following circumstances:

• You cause, or are likely to cause, harm such as interruption, disruption, or overload to Xsolla’s network or systems.
• You engage in, are currently engaging in, or are suspected of engaging in any Prohibited Actions.
• You attempt to defraud Xsolla or any third party through the use of Xsolla Points.
• Your Xsolla Wallet is terminated for any reason.
• Xsolla is required to act in compliance with any directives from relevant regulatory authorities or law enforcement agencies.
• You fail to verify your identity when requested by Xsolla.
• You provide false, incomplete, or misleading information and do not correct it within ten (10) days of receiving notice from Xsolla.
• You violate any part of these Terms.
• Regulatory obligations necessitate that Xsolla cease offering the Xsolla Points or the Program, or continue providing them under conditions deemed unacceptable by Xsolla.
• You become subject to sanctions or utilize Xsolla Points in activities connected to sanctioned individuals, entities, or nations.

Upon termination, any remaining Xsolla Points in your Xsolla Wallet will expire immediately and be removed without compensation.

Xsolla will not be liable to you for terminating your access, nor for the expiration and removal of Xsolla Points from your account. Additionally, Xsolla reserves the right to pursue legal action against you for any violations of these Terms.

Termination by the User. You may choose to deactivate your Xsolla Points at any time by contacting Customer Support at support@xsolla.com. Before your account is deactivated, Xsolla reserves the right to charge you for any outstanding fees, surcharges, or costs you have incurred.

Upon deactivation, all unredeemed Xsolla Points will immediately expire and be removed from your Xsolla Wallet without any compensation. Unless otherwise required by applicable law, these Xsolla Points will not be refunded after termination.

Unless explicitly stated otherwise, any new features that extend or improve the Program, including the addition of new Xsolla Points capabilities, will be governed by these Terms.

You agree and understand that:

• The availability of Xsolla Points is subject to resource availability, including but not limited to network availability, and Xsolla’s partners offers.
• The use of Xsolla Points may be subject to telecommunications, electronic, or system failures, interruptions, or disruptions inherent to electronic distribution.

Xsolla makes no assurances that access to Xsolla Points, the Program, or any related platforms will be uninterrupted, secure, error-free, or free from viruses or other harmful elements.

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.

EXCEPT FOR LIABILITY ARISING FROM DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY THE USE OF XSOLLA POINTS, ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, SUITABILITY, SATISFACTORY QUALITY, AND FITNESS FOR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.

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.

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.

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between you and Xsolla under these Terms. This allocation is an essential element of the basis of the bargain between you and Xsolla. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails its essential purpose.

You agree to indemnify, defend and hold harmless Xsolla, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against any and all liability, loss, claim, damage, cost, or expense (including reasonable attorney’s fees) arising from or relating 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; (b) your use or misuse of the Xsolla Points, or your participation in the Program; (c) your violation of any third-party rights, including but not limited to any copyright, property, moral or privacy rights; or (d) the unavailability of the Xsolla Points or the Program.

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

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. It is your responsibility to regularly review these Terms. If you do not agree to the revised Terms, you must stop using Xsolla Points and discontinue your participation in the Program immediately.

Applicable Law. These Terms and their interpretation, as well as 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. Your national law may explicitly give you rights and obligations to resolve disputes in a manner different from the one indicated below. In this case, your national law applies. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.

Disputes. 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.

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

The Notice must:

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

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.

In respect of any and all claims regarding the 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;

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.

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.

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.

The Arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void, and the parties acknowledge that any such claim and dispute shall be resolved exclusively by and in the courts in Los Angeles, California and in accordance with laws applicable in the State of California.

You have the right to opt out of binding arbitration and the class action waiver within 30 (thirty) days of the date that you accept the Terms by notifying Xsolla at legal@xsolla.com. If you do not opt out in time, you agree to pursue any claim in arbitration only in an individual capacity.

To avoid doubt, any proceeding, whether in arbitration or court, shall be conducted only on an individual basis and not in a class, consolidated, or representative action. However, upon motion of interested parties, the arbitrator may coordinate more than one arbitration proceeding under this agreement to promote efficiency in discovery. All parties will retain the right to request an individualized hearing.

If a court or arbitrator determines the class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement within the specified time, the class action waiver will not apply to you. Neither you nor any other user can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.

If a dispute proceeds in court rather than through arbitration, you and Xsolla waive any right to a jury trial.

Any cause of action or claim you may have arising out of or relating to these Terms, the Program, or Xsolla Points must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

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.

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.

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

Survival. Upon termination of these Terms for any reason, the sections on Intellectual Property, Indemnification, Limitation of Liability, and this Miscellaneous shall survive.

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. You agree that all electronic agreements, notices, disclosures, and other communications meet any legal requirements that such communications be in writing. This does not affect your statutory rights.