Terms of Use

1. Introduction

At Xsolla, we provide a Cloud Gaming Platform along with various tools to help Partners (as described in section 5 below) upload and promote their creations. Our Platform allows Users (as described in section 6 below) to buy Blue Orbs (as described in section 3 below) which they can use to view streams or play games developed by our Partners. Users must agree to the terms and conditions of the Xsolla's End-User License Agreement (“EULA”) which applies to the acquisition of Blue Orbs. Xsolla is the operator of the Blue Orbs service.

2. Age Requirement

2.1 By accessing or using the Platform and the Content, you represent and warrant to Xsolla that you are an individual who can form a legally binding contract at law, and you are at least 18 years of age or of the legal age of majority in the jurisdiction from which you access the Platform.

2.2 If you are under the age of 18 or don't understand these Terms or their meaning, please ask a parent or guardian to explain them and their meaning to you. If you are under the age of 18, you must obtain the approval of your parents or legal guardians before making any transactions on the Platform.

3. Blue Orbs

3.1 Blue Orbs are a type of Xsolla's digital currency (digital units) that can only be used on our Platform. Blue Orbs hold no actual value in the real world and cannot be converted into any other currency.

3.2 Xsolla is the official vendor of these Blue Orbs, and the terms and conditions of Xsolla's EULA govern the purchase of these digital units.

3.3 In the event that Xsolla's Partner decides to create their own digital currency for use on the Platform, the terms and conditions regarding the Partner's digital currency will be displayed on the main page of their game and will not affect the status or usage of Blue Orbs as outlined herein.

4. Account Page and Content

4.1 To use our Platform as a User, you must create an Xsolla Wallet (“Account”) and agree to provide accurate and complete information while also keeping your Account information up-to-date. It is your responsibility to maintain the security of your Account and password, and you are accountable for all activities occurring under your Account. Some features of the Platform may require you to set up an Account. If you are provided with a username, password, or any other security information, you must treat such information as confidential and not disclose it to anyone else. Your Account is personal to you, and you agree not to give any other person access to the Platform using your Account details. If you notice any unauthorized access or use of your username or password or any other security breach, you must notify us immediately. When creating an Account, you must read, accept, and follow all of the rules and instructions that are presented to you.

4.2 We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, if we determine that you have violated any provision of these Terms.

4.3 We own or are licensed to use all the content on our Platform, including the design, compilation, and look and feel of the Platform, as well as any and all articles, reviews, comments, postings, publications, pictures, photos, or other content produced by or for Xsolla and available for download from the Platform.

5. User Rules

5.1 The “User” is an individual who interacts with the Platform and who consumes the gaming content on the Platform. The User is responsible for complying with these Terms, as well as any applicable laws and regulations.

5.2 Creating a Xsolla Wallet. Users must create an Account in order to access certain aspects of the Platform. User agrees to always provide true information to Xsolla and to keep that information up to date. Remember that Xsolla may take steps to ensure that the information Users provide to Xsolla is correct. A User must never allow anyone else to use his or her Account (except for guardians in the case of a minor User). If a User suspects that their Account is not secure, they must immediately notify Xsolla by contacting Xsolla. When creating an Account, you must read, accept, and follow all of the rules and instructions that are presented to you.

5.3 Blue Orbs license. When a User purchases Blue Orbs, they receive only a limited, non-refundable, non-transferable, revocable license to use Blue Orbs only for personal entertainment, in connection with using the Platform, and in the ways permitted by Xsolla in the applicable terms. The license to use Blue Orbs is terminated when these Terms or EULA expire, or in any other way specified in other Xsolla terms and policies.

5.4 How to Get Blue Orbs. Users can obtain a limited license to use Blue Orbs in the following ways: (i) by purchasing or otherwise receiving Blue Orbs from Xsolla; and (ii) in other ways that Xsolla may occasionally provide in these Terms or otherwise.

5.5 Blue Orbs are non-refundable. Except where required by law, all payments for Blue Orbs are final and non-refundable. Users may not use or distribute Blue Orbs except through the Platform and as expressly permitted by Xsolla. Any use or attempted use of Blue Orbs in violation of these Terms or EULA will be void (i.e. automatically canceled) and may result in the immediate termination of the User's Xsolla Wallet and right to use Blue Orbs. Xsolla does not admit or accept responsibility for third-party services that enable Users to sell, transfer, or otherwise use Blue Orbs, and any such use by a User is a violation of these Terms.

6. Privacy

6.1 Xsolla will process your personal data in strict accordance with applicable laws in the field of personal data protection. Our Privacy Policy determines how we collect, use, disclose, transfer, and store your personal information.

6.2 The Platform may contain links to third-party webPlatforms and services that are not owned or controlled by Xsolla, and we cannot control and will not be held responsible for the content, privacy policies, or practices of any third-party webPlatforms or services. By using the Platform, you specifically release Xsolla from any and all liability arising from your use of any third-party webPlatform, third-party services, or interaction with any third party.

6.3 When the User purchases Blue Orbs, he agrees to EULA; additionally, when the User interacts directly with Xsolla, he is subject to the Xsolla documents, including the Privacy Policy.

7. Disclaimer Of Warranties And Limitation Of Liability

7.1 Xsolla is not responsible for the content that our Partners upload to our Platform. We do not endorse, guarantee, or warrant any content or service provided by our Partners.

7.2 Partners are solely responsible for ensuring that their content does not infringe on any intellectual property rights, including copyright, trademark, and patent rights. By uploading content to the Xsolla Platform, Partners agree that they have obtained all necessary rights and permissions from the intellectual property owners, and that Xsolla is not responsible for any infringement or violation of third-party rights.

7.3 All content provided on the Platform is offered on an "as is" basis without any express or implied warranties. Xsolla does not provide any warranties, representations, covenants, or guarantees: a) that the Platform will operate continuously without any interruptions or errors, or that any errors or defects will be corrected; b) that the Platform will fulfill your expectations or meet your requirements. We do not make any promises about the accuracy, completeness, reliability, timeliness, or correctness of your access to the Platform or the results of your access.

7.4 To the maximum extent permitted by applicable laws, we are not responsible for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages arising from: a) content errors, inaccuracies, or mistakes; b) events beyond the control of Xsolla, including internet failures, equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, fires, floods, storms, earthquakes, explosions, war, terrorism, governmental actions, orders of courts, agencies, or tribunals, or non-performance of third parties; and/or c) loss of data, use, profits, goodwill, or any other intangible losses resulting from your use or inability to use the Platform or access its contents.

7.5 Xsolla is not responsible for, and denies all liability related to, any comments, views, or remarks expressed by you or other Users regarding any content or creation submitted by Partners on the Platform.

8. Content Complaints

If you believe that any content on our Platform violates your rights or is otherwise objectionable, please use the "report content" feature to notify us at legal@xsolla.com. We will investigate all complaints and take appropriate action, including removing the content if necessary.

9. Termination Of Account

Xsolla may terminate your Account or access to our Platform at any time, with or without cause, in our sole discretion, if we determine that it has violated our Terms or any applicable law or regulation.

10. Indemnification

You agree to indemnify, defend, and hold harmless Xsolla, its officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of our Platform or your violation of these Terms.

11. Limitation Of Liability

In no event shall Xsolla, its officers, directors, employees, agents, and its affiliates and their respective employees, officers, directors, and agents be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits or revenue, lost data, or cost of replacement goods or services, arising out of or in connection with your use of our Platform, your content, or these Terms.

12. Miscellaneous

12.1 These Terms constitute the entire agreement between you and Xsolla regarding your use of our Platform. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision in these terms of service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

12.2 Governing Law. These Terms and its 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. The U. N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.

12.3 Disputes. Most concerns can be resolved by the use of our support team at legal@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, including any question regarding its existence, validity, or termination 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 EXPRESSLY AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Term and Termination. These Terms are effective until terminated. You may terminate these Terms at any time upon notice to Xsolla at legal@xsolla.com. Xsolla has the right at any time, for any reason or no reason to terminate these Terms without any further liability to you.

12.5 Amendment. We may unilaterally change these Terms, so we encourage you to review the Terms periodically. If you don't agree to the amendments or to any of the terms herein, your only remedy is to stop using the Platform.

12.6 Changes to the Platform. We may change or discontinue any aspect or feature of the Platform at any time, including, but not limited to, content and availability.

12.7 Entire Agreement. These Terms constitute the entire agreement between you and Xsolla with respect to the Platform and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Xsolla with respect thereto.

12.8 Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

12.9 No Waiver. The failure of Xsolla to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

12.10 Assignment. Other than the rights expressly granted herein, these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned, but may be assigned by Xsolla without restriction.

12.11 Headings. The headings used in these Terms are for convenience only and shall not be deemed to limit or affect any of the provisions hereof.

12.12 Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Contact Us

If you have any further questions or concerns that have not been addressed, or if you have not found instructions in these Terms on how to do so, please email us at legal@xsolla.com or write to us at: 15260 Ventura Boulevard, Suite 2230 Sherman Oaks, CA 91403, Legal Department. By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific areas of the Platform. If you do not agree to these Terms of Service, do not use our Platform or any services.