Xsolla Gold Terms and Conditions

1. By accessing and using the Xsolla Gold, you affirm and guarantee that:
   1. You meet the age requirements set out in the “Important Information” section of these Terms. Parents and guardians are responsible for the acts of minors using Xsolla Gold with their consent.
   2. You are a lawful resident of, and are located in, a country in which Xsolla Gold is available, and not in a Restricted Territory (see Section 2.7).
   3. You have the legal capacity to enter into a binding agreement (or, where the “Important Information” section permits use by a minor, your parent or legal guardian has that capacity and consents on your behalf) and are not prohibited from doing so by any applicable laws.
   4. You are using your true and correct identity.
   5. You are not subject to any sanctions, and you are not involved in activities using Xsolla Gold that relate to sanctioned individuals, entities, or countries.
2. To use Xsolla Gold, you need an Xsolla ID which also opens your Xsolla Backpack, where your Xsolla Gold is stored. Your use of Xsolla ID and Backpack is subject to the applicable Terms of Use. If your Xsolla ID is terminated for any reason, you will lose access to Xsolla Gold.
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 Gold. To the maximum extent permitted by applicable law and subject to Section 10, 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.
4. You understand and accept that any use or attempted use of the Xsolla Gold will be considered as authorized by you, and you will be bound by such use, regardless of whether it was authorized by you, until you notify Xsolla in accordance with Section 1.3.
5. Xsolla may require identity verification to ensure your ownership of your Xsolla Gold, which is crucial for taking appropriate actions when unauthorized usage is suspected or resolving ownership disputes.
6. 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.
7. Unclaimed Property. If your Xsolla Gold remains unused or unclaimed for a period specified under the laws applicable in your jurisdiction (including U.S. state laws, where applicable), it may be deemed unclaimed property. In such cases, Xsolla may be required to remit the unclaimed Xsolla Gold to the appropriate governmental authority, as provided in Section 12.4. You agree that Xsolla is not responsible for any claims or losses arising from Xsolla’s compliance with applicable unclaimed property laws.

1. Xsolla Gold is Xsolla's in-system closed loop virtual currency. Xsolla Gold enables you to purchase digital content (“Content”) offered by Xsolla by redeeming Xsolla Gold.
2. You may acquire Xsolla Gold through various methods:
   1. You can buy Xsolla Gold directly within Xsolla.
   2. You can purchase an Xsolla Gold Gift Card from authorized retailers (United States only; see Section 3) and redeem it for Xsolla Gold.
   3. Xsolla Gold will be included with the Xsolla Plus subscription in accordance with the terms applicable to that subscription, and Xsolla Gold so provided is governed by these Terms.
   4. Where available, you may purchase Xsolla Gold through in-app purchase or billing system provided by the third-party platform through which an Xsolla application is distributed (“Platform Billing”), including Apple’s In-App Purchase system and Google Play’s billing system. Such transactions are processed in accordance with the applicable platform’s terms, policies, and refund procedures. Xsolla Gold purchased through Platform Billing does not expire, except as provided in Section 12.4.
3. Xsolla Gold may only be used towards the purchase of the Content.
4. PURCHASES OF XSOLLA GOLD ARE FINAL AND NON-REFUNDABLE, EXCEPT AS SET OUT IN SECTION 5 OR REQUIRED BY APPLICABLE LAW.
5. By purchasing Xsolla Gold, you agree that all sales are final. Refunds are available only as provided in Section 5 or as required by applicable law. For more information on our Refund Policy or to request a refund, please contact Customer Support at support@xsolla.com.
6. Xsolla Gold is not legal tender and cannot be resold, transferred for value, redeemed for cash or applied to any other account, except to the extent described herein or as required by applicable law. This Section 2.6 does not restrict the transfer of an unredeemed Xsolla Gold Gift Card as permitted under Section 3. Xsolla does not permit or recognise any sale, lease, gift, trade, transfer or exchange of Xsolla Gold for cash, goods, services or other value, except for eligible redemptions made in accordance with these Terms.
7. Availability; Restricted Territories.
   1. Xsolla Gold is offered only in countries and territories where its offering, sale, holding, and use are lawful. Xsolla Gold is not available in, and may not be accessed, purchased, redeemed, or used by any person located in or ordinarily resident in: (i) any country or territory where the issuance, sale, holding, or use of virtual currencies or similar stored-value products is prohibited by applicable law; or (ii) any country or region that is the target of comprehensive sanctions or embargoes administered by the United States, or that is otherwise a jurisdiction with which Xsolla is prohibited by U.S. law from doing business (each, a "Restricted Territory").
   2. Xsolla Gold is also not available to any person who is listed on, or owned or controlled by a person listed on, any U.S. government sanctions or restricted-party list.
   3. Availability, features, and payment methods may differ by country and may change at any time without notice. Xsolla makes no representation that Xsolla Gold is appropriate or available in every location. It is your responsibility to ensure that your access to and use of Xsolla Gold complies with the laws that apply to you.
   4. You represent that you are not located in, and are not ordinarily resident in, a Restricted Territory, and that you will not use any means to disguise your location.
   5. Xsolla may restrict, suspend, or block access to Xsolla Gold, including Xsolla Gold Gift Cards and any balance, where it reasonably believes that this section is not complied with. To the extent required by law, Xsolla may freeze, hold, or report a balance rather than release it. Any balance affected will be treated in accordance with Section 12.4.

1. "Xsolla Gold Gift Card" refers to any stored-value card, either physical or electronic, issued by TGCM XSLA, LLC (referred to as “Issuer”). This card enables you to obtain Xsolla Gold, which may be used to purchase Content in accordance with these Terms. TGCM XSLA, LLC serves as the Issuer and Administrator of Xsolla Gold Gift Cards. Xsolla Gold Gift Cards are available and redeemable only in the United States. Cards may not be redeemed by persons located outside the United States, and Xsolla and Issuer are not obligated to honor a card presented outside the United States.
2. Issuer issues, sells, or provides Xsolla Gold Gift Cards (whether physical, electronic, or digital) to you. The terms “Issue,” “Issued,” “Issuing,” or “Card Issuance” refer to the process of the Issuer providing or selling an Xsolla Gold Gift Card to you.
3. “Administrator” means TGCM XSLA, LLC or Issuer, which is responsible for facilitating key services related to Xsolla Gold Gift Cards.
4. Please refer to the full Xsolla Gift Card Terms and Conditions found at xsolla.giftcardhelp.com.
5. To redeem your Xsolla Gold Gift Card, you must have a valid Xsolla ID with an Xsolla Backpack linked to it (or register a new Xsolla ID). Xsolla does not control whether you choose to redeem the Xsolla Gold Gift Card or transfer it to someone else. Xsolla Gold Gift Cards are single-use and can only be redeemed once.
6. Xsolla Gold Gift Card and Xsolla Gold amount on the Xsolla Gold Gift Card do not expire. This does not limit Section 12.4 as it applies to Xsolla Gold already redeemed to your Xsolla Backpack.
7. Xsolla is not responsible if an Xsolla Gold Gift Card is lost, stolen, misplaced, or used without permission.
8. Xsolla Gold Gift Cards are intended solely for personal and lawful use. Xsolla Gold Gift Cards are not redeemable for cash unless required by law, cannot be resold, and are void where prohibited.
9. For any questions or issues related to purchasing or redeeming an Xsolla Gold Gift Card, please contact the Issuer at xsolla@giftcardhelp.com.
10. If you violate these Terms, Xsolla and Issuer may take any action against you that we deem appropriate, to the extent permitted by applicable law, including suspending or terminating your ability to purchase or redeem Xsolla Gold Gift Cards.
11. The processing of your personal data in connection with the Xsolla Gold Gift Card is governed by the Xsolla Privacy Policy and Issuer Privacy Policy. Please review these policies before agreeing to these Terms.

1. Xsolla Gold can be used for purchases, either partially or fully. When paying for items, you will see the option to apply your Xsolla Gold for partial or full payment if available.
2. The ability to apply Xsolla Gold to your purchase may be limited by Xsolla’s partners and therefore may not be available.
3. You may view your transaction history in your account. If you notice any discrepancies in your Xsolla Gold transactions, you should notify Xsolla immediately.
4. If any payments made with respect to your Xsolla Gold are subject to taxes in any jurisdiction and you have not remitted the applicable taxes to Xsolla (any value-added, sales or use tax, and any other tax measured by sales proceeds, that Xsolla is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a 'sales' or 'use' tax), you will be responsible for the payment of such tax and any related penalties or interest to the relevant tax authority, and you will indemnify Xsolla for any liability or expense it may incur in connection with such tax.
5. Upon Xsolla’s request, you will provide Xsolla with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes for the purposes of this section.
6. If a payment used to acquire Xsolla Gold is reversed, charged back, disputed, or refunded by your payment provider or by a third-party platform, Xsolla may deduct the corresponding amount of Xsolla Gold from your balance. If the balance is insufficient, Xsolla may suspend your access to Xsolla Gold until the shortfall is resolved and may recover the shortfall from you, including by set-off under Section 13.H, in each case to the extent permitted by applicable law.

1. Please note that all refunds are subject to Xsolla's Refund Policy, and eligibility for refunds may vary. To determine whether your transaction qualifies for a refund, please refer to the Xsolla Refund Policy. Refund requests for Xsolla Gold purchased through Platform Billing must be submitted through the channels specified by the applicable platform and may be processed by the applicable platform or by Xsolla, as permitted under the platform’s policies and applicable law.
2. If you use Xsolla Gold to make a purchase and wish to request a refund, when eligible, the transaction will be refunded in the same form as the original payment. If the purchase was made entirely with Xsolla Gold, the refund will be issued fully in Xsolla Gold. If the purchase was made partially with Xsolla Gold and partially with fiat currency, the refund will be issued proportionally in Xsolla Gold and fiat currency.

1. When accessing or using Xsolla Gold, you are strictly prohibited from engaging in any of the following actions (“Prohibited Actions”):
   1. Violating these Terms or any other legally binding agreements you have with Xsolla.
   2. Breaching any applicable laws, regulations, or statutes.
   3. Infringing upon intellectual property rights belonging to Xsolla or any third party.
   4. Providing false, misleading, or inaccurate information regarding your identity.
   5. Failing to verify your identity when requested.
   6. Using anonymization tools like proxies to hide your location for bypassing geographical restrictions or for any other purpose.
   7. Participating in any activities that could be deemed fraudulent.
   8. Misusing Xsolla Gold in a way that Xsolla reasonably considers abusive to the Xsolla services.
   9. Sharing or disclosing another user’s information without their explicit consent.
   10. Attempting to replicate, counterfeit, or illegally reproduce Xsolla Gold.
   11. 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. Deploying robots, spiders, or other automated tools to monitor, copy, or extract data related to Xsolla Gold.
   13. Engaging in actions that could lead to Xsolla losing services or support from its providers.
   14. Modifying or defacing any trademarks, logos, or notices associated with Xsolla Gold.
   15. Using Xsolla Gold in connection with activities involving sanctioned individuals, organizations, or nations.
   16. Undertaking any activities that, at Xsolla’s sole discretion, could harm or tarnish Xsolla’s reputation.
   17. Accessing, purchasing, redeeming, or using Xsolla Gold while located in or ordinarily resident in a Restricted Territory, or providing false information about your location or residence.
2. If Xsolla believes that your behavior is in any way unlawful, abusive, or disruptive, Xsolla reserves the right to take action against you, including suspending or permanently banning you from accessing or using Xsolla Gold and pursuing any other equitable or legal remedies available.

1. You acknowledge that when you access or use the Xsolla Gold, Xsolla may use automatic means (including cookies and web beacons) to collect information about your device and your use of the Xsolla Gold. All information Xsolla collects through or in connection with the Xsolla Gold is subject to Xsolla’s Privacy Policy. You should also review Xsolla’s Cookie Policy on how you can manage your online privacy.
2. By accessing or using the Xsolla Gold, you consent to all actions taken by Xsolla with respect to your information in compliance with the Privacy Policy, including but not limited to: (i) transferring your personal information to Advertisers, Publishers, affiliates, vendors, or business partners as necessary to provide the Xsolla Gold services; (ii) receiving certain electronic communications from Xsolla; and (iii) other uses and disclosures as specified in Xsolla’s Privacy Policy.
3. You have a right to withdraw your consent to Xsolla’s processing of your personal information, where that processing is based on your consent, at any time. To exercise this right, contact Xsolla at data.protection@xsolla.com.

1. "Intellectual Property Rights" means all functional and ornamental aspects of Xsolla Gold, including any screen displays, technical notes, computer program code, scripts, training materials, and works of authorship that may form a part of Xsolla Gold, all training methods and materials, all trademarks and names of Xsolla, and all other proprietary information of Xsolla, including patents, patent applications, patentable subject matters developed by Xsolla, trade secrets (including data, programming code, etc.), trademarks, copyrights, and all other intellectual property rights therein.
2. All Intellectual Property Rights associated with Xsolla Gold are owned by Xsolla. Xsolla grants you a non-exclusive, non-transferable, and revocable right to access and use the Xsolla Gold for your personal purposes. You are strictly prohibited from reselling or distributing Xsolla Gold to any third party.
3. Except where explicitly stated in these Terms, nothing herein shall be interpreted as granting or providing you with any rights, licenses, or interests in Intellectual Property Rights. This includes, but is not limited to, the rights to copy, decompile, distribute, publish, store, create derivative works from, or otherwise utilize Intellectual Property Rights in any unauthorized manner.
4. 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.
5. You are expressly forbidden from reverse engineering or attempting to reverse engineer any part of Xsolla’s services or Xsolla Gold. If you become aware of any third-party engaging in such activities, you are required to notify Xsolla immediately.

1. Unless explicitly stated otherwise, any new features that extend or improve Xsolla Gold, including the addition of new Xsolla Gold capabilities, will be governed by these Terms.
2. You agree and understand that: (a) the availability of Xsolla Gold is subject to resource availability, including but not limited to network availability and Xsolla's partners' offers; and (b) the use of Xsolla Gold may be subject to telecommunications, electronic, or system failures, interruptions, or disruptions inherent to electronic distribution. Xsolla makes no assurances that access to Xsolla Gold or any related platforms will be uninterrupted, secure, error-free, or free from viruses or other harmful elements.
3. Disclaimer of Warranties. XSOLLA GOLD IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XSOLLA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO XSOLLA GOLD, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
4. Xsolla is not a financial institution, and Xsolla Gold does not constitute a banking service. Xsolla does not act as a trustee or fiduciary with respect to your Xsolla Gold. Xsolla maintains records of your Xsolla Gold balance solely for the purpose of administering Xsolla Gold in accordance with these Terms and applicable law; its obligations in that capacity are limited to those expressly set out in these Terms and those imposed by applicable law, and no fiduciary or implied duties arise from that role.
5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 10.4, IN NO EVENT SHALL XSOLLA, ITS AFFILIATES, ITS LICENSORS, OR EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH XSOLLA GOLD, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF XSOLLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO SECTION 10.4, THE TOTAL AGGREGATE LIABILITY OF XSOLLA AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO XSOLLA GOLD SHALL NOT EXCEED US $150.00.
2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY (SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU ALSO MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
3. 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.
4. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING, WHERE APPLICABLE, LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

1. You agree to indemnify, defend and hold harmless Xsolla, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, shareholders, licensors, partners, contractors, or agents from and against any and all loss, claim, damage, cost, liability, and expense (including attorney’s fees and costs and auditor’s fees) arising from or relating to your use or misuse of Xsolla Gold or your breach of these Terms, or arising out of a claim by any other user or any other third party related to any action or omission by you.
2. Xsolla reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Xsolla, and you agree to cooperate with Xsolla's 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.

1. These Terms are effective until terminated. You may terminate these Terms at any time upon notice to Xsolla or by deleting your Xsolla ID.
2. Termination by Xsolla. Xsolla reserves the right, to the extent permitted by applicable law, to terminate your access to the Xsolla Gold immediately and without any compensation, under the following circumstances:
   1. You cause, or are likely to cause, harm such as interruption, disruption, or overload to Xsolla's network or systems.
   2. You engage in, are currently engaging in, or are suspected of engaging in any Prohibited Actions, other than conduct described in clause (g) below, which is governed by the cure period stated in that clause.
   3. You attempt to defraud Xsolla or any third party through the use of Xsolla Gold.
   4. Your Xsolla ID is terminated for any reason.
   5. Xsolla is required to act in compliance with any directives from relevant regulatory authorities or law enforcement agencies.
   6. You fail to verify your identity when requested by Xsolla.
   7. You provide false, incomplete, or misleading information and do not correct it within ten (10) days of receiving notice from Xsolla.
   8. You violate any part of these Terms, other than a violation described in clause (g) above, which is governed by the cure period stated in that clause.
   9. Regulatory obligations necessitate that Xsolla cease offering the Xsolla Gold, or continue providing it under conditions deemed unacceptable by Xsolla.
   10. You become subject to sanctions or utilize Xsolla Gold in activities connected to sanctioned individuals, entities, or nations.
   11. If Xsolla suspects that your Xsolla Gold has been accessed in an unauthorized manner or that the security of your Xsolla Gold has been compromised in any way.
   12. You are located in or ordinarily resident in a Restricted Territory, or Xsolla Gold becomes unlawful or unavailable in your country.

   Xsolla will not be liable to you for terminating your access, nor for the expiration, removal, blocking, or holding of Xsolla Gold in accordance with Section 12.4. Additionally, Xsolla reserves the right to pursue legal action against you for any violations of these Terms.

3. Termination by the User. You may choose to terminate these Terms and deactivate your Xsolla Gold at any time by contacting Customer Support at support@xsolla.com, or by deleting your Xsolla ID, as provided in Section 12.1. Before your access to Xsolla Gold is deactivated, Xsolla reserves the right to charge you for any amounts you owe to Xsolla under these Terms (including under Section 4.4).
4. Treatment of Balance. Upon termination of these Terms or deactivation of your Xsolla ID, any remaining Xsolla Gold balance will be removed without compensation, except where applicable law requires otherwise. Where applicable law (including sanctions, anti-money-laundering, unclaimed property, and consumer protection laws) or a competent authority requires Xsolla to block, hold, report, remit to a governmental authority, or return all or part of the balance, Xsolla will do so, and the balance will be treated in accordance with that requirement. Xsolla will not be liable for any action taken in compliance with this section. Where Xsolla terminates your access under Section 12.2(h) or because Xsolla Gold has become unlawful or unavailable in your country (and not because of your breach of these Terms or any Prohibited Action), Xsolla will, to the extent permitted by applicable law and by any regulatory or law-enforcement requirement, use commercially reasonable efforts to give you advance notice and a reasonable opportunity to use your remaining balance.

A. Governing 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. Notwithstanding the foregoing, where applicable law explicitly grants you rights or imposes obligations that differ from those set forth in this section, such applicable law shall control to the extent required. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.

B. Disputes. Most of your concerns can be resolved through Xsolla's Customer Support at support@xsolla.com. If Xsolla is unable to resolve your concerns and a dispute remains between you and Xsolla, this section explains how the parties 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 either of the following means: (i) by electronic mail to legal@xsolla.com; or (ii) 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 the parties 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.

C. Arbitration Agreement. In respect of any and all claims regarding Xsolla and/or Xsolla Gold, these Terms are between you and Xsolla (USA), Inc., a company registered in the USA, State of California, with company registration number C3140351 and offices at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California 91403, USA. You expressly agree that, except as provided in Sections 13.D and 13.E, any claim or dispute arising out of or relating to these Terms or Xsolla Gold shall be resolved exclusively 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 proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by one arbitrator ("Arbitrator") in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"), 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 also award equitable relief. The Arbitrator's decision(s) shall be final and conclusively binding on the parties, and 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 applicable law, and any award may be challenged if the Arbitrator fails to do so.

D. 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 in the courts in Los Angeles, California, and in accordance with the laws applicable in the State of California.

E. Opt-Out of Arbitration. You have the right to opt out of binding arbitration and the class action waiver within thirty (30) days of the date you accept these 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. For the avoidance of 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 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.

F. Jury Trial Waiver. If a dispute proceeds in court rather than through arbitration, to the extent permitted by applicable law, you and Xsolla waive any right to a jury trial.

G. Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or Xsolla Gold must be commenced within one (1) year after the cause of action accrues (such period being tolled during the informal resolution period under Section 13.B); otherwise, to the extent permitted by applicable law, such cause of action or claim is permanently barred.

H. Right of Set-Off. Xsolla shall be entitled, but not obligated, to set off any sums that you owe to Xsolla, whether or not in relation to your Xsolla Gold account, against any Xsolla Gold balance outstanding in your account. Such set-off shall be effected at the prevailing selling price of Xsolla Gold in your primary location of residence.

I. 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.

J. 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.

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

L. Survival. Upon termination of these Terms for any reason, the sections on Availability; Restricted Territories, Treatment of Balance, Unclaimed Property, Taxes, Representations and Warranties, Intellectual Property Rights, Indemnification, Limitation of Liability, and this Miscellaneous section shall survive.

M. 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.

N. Questions. 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, Attn: Legal Department.

O. Notice for California Users. Under California Civil Code Section 1789.3, California users of Xsolla Gold are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at:
Main: (800) 952-5210;
Hearing-impaired persons: 711, or 1-800-735-2929 (TTY);
California Relay Service: 1-800-735-2922 (Voice).