Xsolla Rewards Terms

IN BRIEF

These Terms govern your participation in promotional campaigns, rewards programs, offerwalls, and other rewards-based activities made available by Xsolla within the Xsolla ecosystem (“Rewards Campaigns”) while you use the respective Xsolla services (“Services”).

By participating in Rewards Campaigns and using our Services, you agree to these Terms. Please read them carefully, as they define your rights and obligations. If you do not agree, you should not use our Services.

Only the full version of these Terms is legally binding. This brief description is only provided for clarity.

These Xsolla Rewards Terms (the “Terms”) constitute a binding legal document between Xsolla (USA), Inc. (“Xsolla,” “we,” “us,” “our”) and you (“User,” “you,” or “your”), and govern your participation in promotional campaigns, rewards programs, offerwalls, and other rewards-based activities made available by Xsolla within the Xsolla ecosystem (collectively, the “Rewards Campaigns”). The “Xsolla ecosystem” refers to a closed-loop environment consisting of, but not limited to, websites, platforms, applications, and other digital products owned or operated by Xsolla, its affiliates, or its authorized partners (the “Partners”). These Terms describe your rights and responsibilities when using the Services. Please read them carefully. We are grateful you’re here!

Rewards Campaigns may allow you to receive or earn digital content, access to various features, in-game virtual items, promotional benefits, or other rewards while using Xsolla’s products and services (the “Services”).

BY USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS AND ANY LEGAL AGREEMENTS THAT ARE INCORPORATED INTO THESE TERMS BY REFERENCE, AND YOUR CONTINUED USE OF THE SERVICES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND INCORPORATED LEGAL AGREEMENTS. IF YOU HAVE NOT READ, UNDERSTOOD, OR AGREED TO ALL OF THESE TERMS, PLEASE DO NOT USE THE SERVICES OR CEASE THEIR USE IMMEDIATELY. THE USE OF THE SERVICES IS VOID WHERE PROHIBITED.

1. INTRODUCTION

IN BRIEF

This section defines key terms, legal agreements, and access requirements applicable to our Services (including the provision of Rewards Campaigns and other activities made available by Xsolla).

Full access to the functionality of the Services is granted only upon User registration and/or authorization in the respective Services via a Xsolla identification tool.

In order to utilize our Services, you must accept our Legal Agreements, which outline your rights and responsibilities and which can be found at https://x.la/legal-agreements.

1. INTRODUCTION

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

1.1.1 Applicable Law means 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.

1.1.2 User(-s) means a natural person(-s) who accesses and/or uses the Services.

1.1.3 Legal Agreements are the documents that relate to your use of Xsolla Services. They consist of the following documents, including but not limited to:

a) These Terms

b) Privacy Policy and Cookie Policy

c) End User License Agreement

d) Xsolla ID Terms of Use

e) Xsolla Wallet Terms of Use

f) Xsolla Backpack Terms of Use

g) Other terms and conditions applicable to the Rewards Campaigns as specified by Xsolla in the above documents or in the respective Xsolla resources.

In order to utilize our Services, you must read and agree to our Legal Agreements, which outline your rights and responsibilities and which can be found at https://x.la/legal-agreements. This is crucial for both parties as a clear understanding of the terms of service helps prevent any misunderstandings.

1.1.4 For the purpose of these Terms, Services refer to the provision of Rewards Campaigns and other activities made available by Xsolla within the Xsolla ecosystem, which include but are not limited to the following:

a) Hosting a range of digital entertainment Rewards Campaigns on a landing page (https://x.la/rewards) and within the entire Xsolla ecosystem including websites, mobile and desktop applications, or third-party platforms like Telegram, Discord, or other platforms where respective Xsolla Services are integrated;

b) Enabling the User’s participation in Rewards Campaigns organized by Xsolla, and/or our Partners, where Users have the chance to participate in activities and earn rewards;

c) Facilitating access to various actions required for the Rewards Campaigns, such as clicking on a link, watching a video, reading an article, subscribing to a channel, joining quiz games for profile fulfillment, participating in minigames or giveaways, etc.;

d) Providing digital rewards for completing the actions mentioned above (such as clicking on a link, watching a video, reading an article, subscribing to a channel, joining quiz games for profile fulfillment, participating in minigames or giveaways, etc.), facilitating the exchange of Xsolla in-game virtual currencies for available gaming items or software;

e) Providing real-time analytics, conversion tracking, and comprehensive statistics on Rewards Campaigns performance;

f) Providing Xsolla Backpack functionality that allows you to check and control your digital assets such as in-game purchases, rewards, in-game virtual currencies, subscriptions, and other digital items made available through Xsolla, all while enjoying multiple great features as described in the Backpack Terms of Use that can be found at https://x.la/legal-agreements. Any rewards you earn from participating in Rewards Campaigns will be stored in your Xsolla Backpack.

1.2. Full access to the functionality of the Services is granted only upon User registration and/or authorization in the respective Services via Xsolla ID or another identification tool that has been integrated and made available by Xsolla for such a purpose. Xsolla provides the User with the Xsolla ID functionality at no cost. The Xsolla ID is provided “as is” and with all faults and defects, without warranty of any kind. Your use of the Xsolla ID is governed by the Xsolla ID Terms of Use.

2. CHANGES TO TERMS

IN BRIEF

Xsolla can modify the Terms anytime at its sole discretion. Your continued use of the Services means your acceptance of any changes of the Terms.

2. CHANGES TO TERMS

Xsolla reserves the right to amend, change, modify, add, or remove portions of the Terms and the Legal Agreements at any time, at its sole discretion, by posting the updated versions on the respective website. By continuing to use any of the Services, you will be deemed to have accepted such changes. If at any point you do not agree to any portion of the current version of the Terms or any other Xsolla policy or rule relating to your use of the Services, then you must cease your use of the Services, and your right to use any Services will be immediately terminated. Subject to Applicable Law, Xsolla may make changes to the Services at any time or discontinue your access to the Services at any time without warning or refund of any kind. You understand and hereby agree that Xsolla may discontinue or restrict your use of the Services for any reason and without notice or compensation.

3. PRIVACY NOTICE

IN BRIEF

We care about your privacy, and you should too. Please read our Privacy Policy and Cookie Policy to learn more about our practices concerning personal information.

You can easily opt out of receiving messages or withdraw your consent for data processing by emailing us at support@xsolla.com.

3. PRIVACY NOTICE

3.1 Your privacy is important to Xsolla. Our Privacy Policy explains how Xsolla handles your personal data and protects your privacy, and it lists other general information handling practices. Please remember that you must give us true, accurate, current, and complete information about yourself in every input field that you decide to fill in. By using the Services or by providing information to Xsolla by any other means, you consent to all actions taken by us concerning your information in compliance with our Privacy Policy. The Privacy Policy also explains how we use cookies and how you can manage your online privacy when you use the Services. You also should read our Cookie Policy on how you can manage your online privacy.

3.2 By accessing the Services, you acknowledge and agree that Xsolla may keep records of your activities or content in accordance with Applicable Law. Gathering analytics is required for the Services to function properly and to provide you with accurate and relevant offers based on your interests. If you do not agree with this condition, you should not use our Services. Analytical data will only be utilized for Services-related reasons. Xsolla may also disclose these activities or content in connection with providing you with the Services if required to do so by Applicable Law or if we believe in good faith that this action is reasonable and necessary to (a) comply with Applicable Law or legal process; (b) enforce these Terms; (c) respond to claims that your activities in connection with the Services violate the rights of third parties; or (d) protect the rights, property, or personal safety of Xsolla, its Users, or the public.

4. REWARDS CAMPAIGNS GENERAL TERMS

IN BRIEF

You can participate in the Rewards Campaigns organized by Xsolla by completing various rewards-based activities made available by Xsolla within the Xsolla ecosystem.

Rewards Campaigns allow Users to receive or earn digital content and to access various features, in-game virtual items, and other promotional benefits.

To start participation in Rewards Campaigns offers and to complete specific tasks, Users may be required to complete registration and/or authorization.

Rewards for participating in the Rewards Campaigns are digital content, such as closed-loop in-game virtual currencies, game keys, gift cards, and other digital goods you can use in games. The type and amount of the User’s rewards are determined by Xsolla. Xsolla has authority to manage and modify such rewards at its sole discretion.

4. REWARDS CAMPAIGNS GENERAL TERMS

4.1 Rewards Campaigns. 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, or participating in minigames, giveaways, and other rewards-based activities made available by Xsolla within the Xsolla ecosystem. This list is not exhaustive and may vary depending on the campaign. Xsolla also aggregates and offers campaigns from its Partners in addition to its own campaigns. Xsolla initiates all Rewards Campaigns in its own name and solely at its discretion. Even if the reward offered in a Rewards Campaign consists of digital content provided by a Partner, this does not imply that Xsolla acts as the Partner’s agent or promotes their content. Xsolla facilitates Rewards Campaigns by aggregating the offerings and services of our Partners and linking them to our Rewards Campaigns for your convenience. Unless explicitly stated otherwise in separate agreements or documentation, any relationship or agreement regarding the digital content provided by a Partner is between you and the Partner directly, with no involvement or responsibility on Xsolla’s part.

4.2 User Participation. To begin engaging in Rewards Campaigns offers and to complete specific tasks, Users may be required to complete registration and/or authorization. When an offer is initiated, Users will be redirected to the applicable landing pages. Rewards for participating in activities will be credited to the User’s account and will appear in 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.

4.3 Rewards. All rewards for participating in the Rewards Campaigns are digital content, such as Xsolla Points, Green Orbs, Game Orbs, and other in-game virtual currencies; game keys; gift cards; and other digital goods you can use in games. The type and amount of the User’s reward will be determined by Xsolla. Rewards will be stored in Xsolla Backpack. Please note that you need to register with Xsolla Backpack to get the most out of your rewards. By participating in Rewards Campaigns, Users agree to abide by the terms and conditions governing in-game virtual currency and all other available rewards, recognizing Xsolla’s authority to manage and modify such rewards at its sole discretion.

4.3.1 In-game virtual currencies. In-game virtual currencies that may be earned in the Rewards Campaigns shall be governed by the Xsolla Backpack Terms of Use, any applicable terms governing a specific in-game virtual currency, and these Terms. In-game virtual currencies may be used exclusively within the Xsolla ecosystem, for example, to purchase subscriptions, digital items, games, and other offerings. Please note that the actual name of in-game virtual 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 way of example, the following are certain types of existing in-game virtual currencies:

a. Xsolla Points are a reward-based in-game virtual currency granted as an incentive for completing challenges or participating in promotional activities. Together with other available spending channels, it may be used as loyalty points within Xsolla Pay. Xsolla Points are governed by the Xsolla Points Terms and Conditions;

b. Green Orbs are a reward-based in-game virtual currency issued as incentives for completing promotional or engagement-based actions via the Xsolla Rewards Bot or other designated Xsolla applications or platforms;

c. Game Orbs are a reward-based in-game virtual currency linked to Xsolla Pay Station and other Services. Each Game Orb represents a floating-rate virtual unit, controlled by Xsolla, that can be earned and spent within a specific game. Game Orbs may be used via Xsolla Pay to obtain discounts or to fully pay for in-game items. Each Game Orb operates independently, with its own applicable rate and tracking. Game Orbs are non-transferable, non-redeemable for cash, and expire after 12 (twelve) months of User inactivity. The actual name of Game Orbs may vary depending on the specific game to which they are linked.

d. Blue Orbs are a type of in-game digital currency that can only be used on Xsolla Cloud Gaming Platform and that is governed by the Cloud Gaming Platform Terms.

e. Xsolla Gold is a closed-loop, 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 the Xsolla Gold Terms and Conditions.

The list of in-game virtual currencies is non-exhaustive and may be amended from time to time at Xsolla’s sole discretion.

4.3.2 YOUR USE OF THE IN-GAME VIRTUAL CURRENCY IS AT YOUR OWN RISK. Xsolla is not responsible for any loss, theft, or damage related to your in-game virtual currency. Please note that the availability of in-game virtual currency is not guaranteed. Xsolla reserves the right to modify or cancel the User’s in-game virtual currency balance, adjust the terms of its usage, alter its value, redefine what it can be exchanged for, or withdraw previously issued in-game virtual currency if deemed necessary due to errors, misuse, or violations of these terms. In-game virtual currencies being used in Xsolla Rewards are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except as described in these Terms or any additional guidance from Xsolla related to the specific Rewards Campaign. All in-game virtual currency is provided solely for entertainment purposes and does not constitute property or confer ownership rights. Users acknowledge that in-game virtual currency holds no monetary value outside the scope of its designated use within the Xsolla platform or the game project to which it pertains as part of the game mechanics. The sale, lease, gift, or trading in the “real world” of the in-game virtual currency you received from Xsolla as a reward for participating in Rewards Campaigns is strictly prohibited.

4.3.3 Loot Boxes. Loot boxes may be offered as rewards in certain Rewards Campaigns; however, due to varying legal restrictions, Users from countries where loot boxes are prohibited will not be eligible to participate in these specific Rewards Campaigns. In such cases, Users may receive an alternative reward or, in some instances, be excluded from the offer entirely. It is the sole responsibility of the User to understand and comply with the laws regarding loot boxes in their country of residence. While Xsolla will make every reasonable effort to restrict access to Rewards Campaigns in territories where loot boxes are banned, the company cannot guarantee full compliance, especially in cases where Users utilize VPN technology or other methods to circumvent geographic restrictions. Users from such regions are explicitly advised not to participate in Rewards Campaigns where the prize includes loot boxes, as Xsolla will not be held liable for any non-compliance or misuse.

4.4 Xsolla Rewards Bot. Xsolla Rewards Bot (the “Bot”) is an application used for running certain Rewards Campaigns that operates entirely within Telegram, Discord, or other authorized apps/platforms and that integrates seamlessly with their interfaces. When you interact with the Bot, you are subject to these Terms and applicable Legal Agreements. All features of the Bot may be modified, limited, or discontinued at Xsolla’s discretion.

4.4.1 The Bot is designed to facilitate interactions and may collect and process certain personal data when you engage with it. Xsolla is committed to complying with all Applicable privacy Laws and regulations and processes your personal information in accordance with its privacy policy. Below is a detailed outline of the types of data that the Bot may receive:

a. Public Account Information. When you interact with the Bot, it may access your public account data, including: a) your screen name or display name; b) your Username; and c) your profile picture(s) or avatar, as made publicly available by the platform.

b. Message Data. If you send messages to the Bot, it will process the content of those messages to fulfill its functionality or provide requested services. The Bot does not process or store more data than necessary for these purposes.

c. Interaction with Links and Buttons. If you click on links or buttons provided by the Bot, and the destination website is controlled by Xsolla or its Partners, the Bot may collect your IP address as part of standard internet protocols. This data is only collected when necessary for the Bot’s functionality or as required by applicable law.

d. Group Membership Data. If the Bot is a member of a group that you also belong to, it may recognize that you are a member of the same group. This data is not used for any purposes beyond enabling bot interactions within the group.

4.4.2 Xsolla ensures that any data collected by the Bot is processed in compliance with applicable privacy laws and is handled responsibly in accordance with Xsolla’s Privacy Policy. Personal information is collected and used solely for the purposes of improving User experience, providing services, or fulfilling the Bot’s functionalities.

5. LICENSE

IN BRIEF

Provided that you comply with all terms and conditions of these Terms, Xsolla grants you a limited license that includes the right to use the Services for your personal, non-commercial use.

In general, you must avoid doing anything that might harm Xsolla or anyone else. Among other things, you may not copy the software or use any content in an illegal or harmful manner, make any misrepresentations of or abuse our services, or otherwise violate anyone’s rights or any applicable laws.

5. LICENSE

5.1 Xsolla grants, and you accept, a limited, non-transferable, non-sublicensable, revocable, terminable, non-exclusive license, including the right to use the Services for your personal, non-commercial use, provided you comply with all the terms and conditions of these Terms. This license does not give you ownership rights in the Services or any of our Partners’ products. Any rights you acquire in the aforementioned will forever be owned by and insured to the benefit of Xsolla and/or its Partners.

5.2 License Restrictions. You shall not directly or indirectly: (i) create any service, software, or documentation that performs substantially the same functionality as the Xsolla Services or the services and products of our Partners available to you when you use the Rewards Campaigns; (ii) disassemble, decompile, reverse engineer, or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Services, or any service or product of our Partners available through the Services; (iii) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use any part of the Services in any service bureau arrangement or otherwise for the benefit of any third party; (iv) adapt, combine, create derivative works of, or otherwise modify any part of Xsolla Services and/or the services of our Partners; or (v) use or allow the transmission, transfer, export, re-export, or other transfer of any software, technology, or information you obtain or learn pursuant to these Terms in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction.

You are strictly prohibited from using Xsolla Services for any purpose that is prohibited by these Terms or any other Applicable Law, rule, or regulation.

5.3 Xsolla is not responsible for the quality, functionality, or availability of digital content provided as a reward if such content is created, developed, or managed by the Partner. Users must direct any related concerns to the relevant Partner.

5.4 License to Xsolla. Unless otherwise agreed to in a written agreement between you and Xsolla, signed by an authorized representative of Xsolla, if you submit, transmit, display, perform, post, or store any recommendation, idea, proposal, suggestion, feedback, or other input (“Content”) using the Services, you grant Xsolla, to the furthest extent and for the maximum duration permitted by Applicable Law (including in perpetuity if permitted under Applicable Law), an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content, including but not limited to promoting and redistributing part or all of the Services and derivative works thereof in any form, format, media, or media channels now known or later developed or discovered.

6. INTELLECTUAL PROPERTY RIGHTS

IN BRIEF

We respect the intellectual property rights of others and ask you to do the same. Xsolla and its licensors own all rights in and to the content, data, technology, features, and all other attributes of our Services and software. You may use our Services and software as long as you fully comply with these Terms.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 We own and will continue to own our Services, including all related intellectual property rights.

6.2 Xsolla trademarks, service marks, and logos (“Xsolla Marks”) are subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions.

6.3 Xsolla Marks must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever.

6.4 Copyright Infringement. We respond to notices of alleged copyright infringement and restrict access by repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act and other Applicable Laws. If you believe that there is a copyright infringement, you must provide Xsolla with all possible information confirming the fact of the copyright infringement. You can email us at legal@xsolla.com with the subject “Copyright Infringement” or write us at 15260 Ventura Boulevard, Suite 2230 Sherman Oaks, CA 91403.

7. THIRD-PARTY SERVICES

IN BRIEF

We don’t control third-party services, and we’re not liable for any transactions you may perform with them, or for what they do. When using third-party services, your security is your responsibility.

7. THIRD-PARTY SERVICES

These Terms apply to our Services and extend to all of our Users. Given the nature of our Services, they may contain links to third-party websites and services not owned or controlled by Xsolla, which we cannot control. The Services may also be accessed through third-party platforms, including but not limited to Discord and Telegram. Your use of the Services through these websites / platforms or other third-party resources is also subject to the terms of use / service and policies of such third-party resources. By accessing the Services via any other third-party websites / platforms or other resources you agree to comply with the respective terms and policies of such third-party resources. Xsolla is not responsible for any issues arising from the use of these third-party resources, including any restrictions or prohibitions on marketing or advertising the Services. We will not be held responsible for the content, privacy policies, or practices of any third-party resources or services, or actions of any third-party. By using our Services, you specifically release Xsolla from any and all liability arising from using any third-party website / platform / other resources / services or from interaction with any third party.

8. REPRESENTATIONS AND WARRANTIES

IN BRIEF

We offer no warranties of any kind regarding our services including any regarding their quality, performance, usage, or non-infringement.

8. REPRESENTATIONS AND WARRANTIES

8.1 By using the Services, 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 and all other Xsolla terms and policies, if applicable.

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 Services. 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.

8.2 Free-to-Play Rewards Campaigns. Rewards Campaigns are offered free of charge, and Users participate voluntarily with no financial investment. Therefore, Xsolla makes no guarantees regarding the availability, delivery, or type of rewards, including promised rewards advertised before or during the Rewards Campaign. Users acknowledge that they have no rights to claim, demand, or request rewards, regardless of prior promises or expectations.

8.3 EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, ALL SERVICES ARE 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, PERFORMANCE, USAGE, TRADE PRACTICE, OR NON-INFRINGEMENT.

9. INDEMNIFICATION

IN BRIEF

If we are sued or otherwise put in harm’s way because of something you did, you will bear the associated costs and damages.

9. INDEMNIFICATION

By accessing, registering for, using, or downloading our Services, you agree to indemnify, defend, and hold harmless Xsolla, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim, or expense (including 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; (b) your use of and/or access to (or any use or access by a third party on your behalf) the Services; (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 Services or any third-party service available to you when you use the Rewards Campaigns.

10. LIMITATION OF LIABILITY

IN BRIEF

To the fullest extent permitted by law, Xsolla is not liable for any damages arising from your use of the Platform, and our total liability is limited as set out in this Section 10.

10. LIMITATION OF LIABILITY

10.1 To the fullest extent permitted by 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 Platform or any 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.

10.2 Except for claims related to breaches of proprietary rights as described in Section 6 and indemnification obligations under Section 9, 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 in 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.

10.3. 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.

11. MISCELLANEOUS

IN BRIEF

These Terms and our relationship shall be governed by the laws of the State of California, USA. Xsolla reserves the right to terminate these Terms and your access to our Services immediately if you breach any of their provisions or if we reasonably believe you have not complied with them.

If you have any legal concerns, please email us at legal@xsolla.com, or write to us at:

15260 Ventura Boulevard, Suite 2230
Sherman Oaks, CA 91403

If any provisions of these Terms are found to be invalid, all other provisions shall remain in effect.

11. MISCELLANEOUS

11.1 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.

11.2 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.

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 must be sent by any of the following means: (i) via electronic mail to legal@xsolla.com; or (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. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) 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.

This section shall not preclude the 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.

11.3 Limitation of Time to File Claims. To the extent permitted by applicable law, any cause of action or claim you may have arising out of or relating to these Terms must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

11.4 Term and Termination. These Terms are effective until terminated. You may terminate these Terms at any time upon notice to Xsolla. 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.

(i) Upon termination of these Terms for any reason, Section 6 (Intellectual Property Rights), Section 9 (Indemnification), Section 10 (Limitation of Liability), and this Section 11 (Miscellaneous) will survive.

(ii) Termination of these Terms shall be without prejudice to any rights or liabilities accrued at the termination date. Once the termination comes into effect, all rights and licenses under these Terms shall terminate. Upon the termination of these Terms, you shall cease all use of the Services.

11.5 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.

11.6 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.

11.7 Compliance. You agree to comply with all Applicable import / export Laws and regulations. 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.

11.8 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.

11.9 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