Welcome to Xsolla! If you read and accept these NFT Software Terms and Conditions ("NFT Terms"), you may download or install the Software as defined below including NFT Content offered by one of the companies of the Xsolla group (hereinafter "Xsolla" or "us" or "we"). By purchasing NFT Content with Xsolla (as defined below), you agree to be bound by the NFT Terms set forth herein and to provisions of standard Xsolla EULA to the extent that it does not conflict with the below-mentioned terms.
1.1 A Non-fungible token ("NFT") means a blockchain-based token complying with the ERC-721 or ERC-1155 standard or other similar "non-fungible" token standard. The intention of an NFT is to be "non-fungible", i.e. a token that represents a unique digital asset; however, certain NFTs may be fungible with one another (i.e., all such NFTs are associated with the same digital asset metadata) while being non-fungible with other NFTs (i.e., such NFTs are associated with different digital asset metadata).
1.2 It should be noted however that while some of Xsolla’s partners will allow for minting and transferring of their NFTs by way of a public blockchain-based network, and utilize an ERC-721, ERC-1155, or similar token standard, you understand and acknowledge that some of Xsolla’s partners may create their own private, closed-loop blockchain ecosystems, utilizing a different token standard from that referenced above, and which may contain limitations on the subsequent sales, and/or transfer of the NFT.
2.1 NFT Content means an intangible, unique in-game cosmetic item and/or its associated video collectible conducted through a certain blockchain network, for use and playable within the Software or represented in your crypto-wallet.
2.2 For purposes stated within these Terms of Service, a crypto-wallet is a type of digital wallet used for storing, sending and receiving cryptocurrencies, NFTs and other digital assets.
2.3 Xsolla may also offer you for purchase in-game Software that can be activated by you into the NFT, or that is already represented in the NFT. For the purpose of these NFT Terms, Software includes the software, applications, content, games, NFT Content or other digital materials which the respective Software developer or publisher has authorized Xsolla to offer users for purchase or provided by Xsolla itself. The acquiring and ownership of the NFT Content is provided by a specific protocol (smart contract) that exists, and interacts on a certain blockchain network.
3.1 NFTs and corresponding NFT Content is offered solely for utility purposes only; and for consumer enjoyment, use and consumption within a video-game environment, and for video-gaming and entertainment purposes. Under no circumstances shall the NFT be marketed, sold, purchased or used in any way that would constitute it as an investment contract, or as a financial instrument or value that substitutes for currency. However, Xsolla and/or its respective licensors may allow for the listing and trading of the NFTs on certain approved secondary marketplaces and/or exchanges.
3.2 In no way shall the NFT and the corresponding NFT Content be used in such a way as to deem it a "security", as defined under the securities act of 1933, as amended, the securities exchange act of 1934, as amended, the investment company act of 1940, as amended, or under the securities laws of any other laws applied in the territory of particular purchase.
4.1 Under these NFT Terms you may be provided with NFT Content issued by Xsolla itself or by our partner, collectively "NFT Issuer".
4.2 Pursuant to the terms and conditions set forth herein, you are granted only those rights that have been determined by Xsolla or granted to Xsolla by its partner, which is a limited, non-exclusive, worldwide, revocable license to access, perform and display the NFT Content, solely for your own personal, non-commercial use, as part of the gameplay and collection within your crypto-wallet. The NFT and corresponding Content license is determined under the terms and conditions of certain Software by the NFT Issuer. The rights not expressly granted are reserved to the NFT Issuer.
4.3 Please note that you are not permitted to directly or indirectly:
modify, or create any derivative works based on NFT Content in any way, including, without limitation, the shapes, designs, drawings, attributes, characteristics or colors;
use NFT Content to advertise, market, or sell any third-party product or service;
use NFT Content in videos or any other forms of media;
attempt to trademark, copyright, or otherwise acquire additional Intellectual Property Rights contained in the NFT Content;
create, sell, or attempt to create or sell, fractionalized interests in the NFT Content, or
separate, unlink, or decouple NFT Content with which it is associated.
5.1 To purchase NFT Content you must be at least 18 years old.
5.2 We may require you to create or connect your crypto-wallet to acquire NFT Content.
5.3 You understand and agree to comply with any KYC fulfillment requirements, if necessary.
5.4 You confirm that you are purchasing NFT Content in compliance with all applicable laws within the territory in which you reside. Xsolla shall not be responsible for your failure to comply with the relevant laws in your jurisdiction in connection with your purchase of NFT Content that may result in legal, civil or criminal liability.
5.5 The telecommunications networks and Internet access services required for you to acquire and use NFT Content are entirely beyond the control of Xsolla, and Xsolla shall have no liability whatsoever for any outages, slowness, capacity constraints, or other deficiencies affecting the same.
5.6 Use of VPNs, or other technology used to conceal or or change your actual location in order to use or access the games and/or their Content, for any illegal purposes, or in order to avoid sanctions or restrictions instituted by the government is expressly prohibited.
6.1 You may only apply for a refund when you purchase an item or key that can be turned into NFT, but has not yet been minted into an NFT within 14 days from the date of purchase.
6.2 In any other case, the purchase of NFT Content is final and cannot be refunded due to the immutable nature of the blockchain based ledger system which was utilized in connection with the sale and transfer of the NFT and corresponding NFT Content.
6.3 The chargeback of such purchases as referenced in section 6.2 above will be considered a prohibited operation and may cause disruption of your in-game account and/or the possible imposition of other penalties as defined under the terms and conditions of certain Software by the NFT Issuer.
Xsolla and (or) its platform partner may be responsible for the collection of any required sales and (or) value added tax, if applicable. It should be noted that despite Xsolla or its platform partner’s purported obligation to collect such taxes on your behalf, it is equally your responsibility to account for and pay any and all applicable taxes, now or hereafter, claimed or imposed upon you by any governmental authority associated with your activation and further use of Software activated into the NFT.
Please be careful of blockchain network use. NFT Content is under your full control and full ownership. Purchases of NFT Content may be provided via a certain blockchain network that out of Xsolla control, especially:
Xsolla has no opportunity to reverse or cancel transactions;
The blockchain network may be subject to specific weaknesses, which make them possibly targets for specific cybersecurity threats;
Xsolla has no liability to you or to any third-party for any claims or damages that may arise as a result of any use of the blockchain network, payments or transactions you engage in, including but not limited to (a) any loss, damages or claims arising from any malfunction, unintended function or unexpected functioning of the blockchain network that may cause your NFT Content to malfunction or function in an unexpected or unintended manner; or (b) any bugs or vulnerabilities in the smart contracts or their functioning.
Xsolla has no liability in the risks implied by the use of this technology, and you are solely responsible for secure storage of private keys for your crypto-wallet.
9.1 Take note that to purchase or use the NFT and corresponding NFT Content you may need to use certain networks, services and/or platforms – such as but not limited to the blockchain network provider, smart contracts, crypto-wallets, payment system providers, third party platforms or exchanges and the Marketplaces – provided by third parties (the "Third-Party Services").
9.2 These Third-Party Services are provided under the agreements of the providers who offer them. Please make sure to review said agreements.
9.3 Those third parties may ask you to provide identity documentation in order to create an account and pay service, and/or impose transaction fees under the referenced agreements.
9.4 These third parties are solely responsible for their Third-Party Services. Xsolla shall not be liable to you for the following, which includes, but is not limited to: any act or omission of third parties offering their services, for the accuracy or availability of such Third-Party Services and/or for any claims, damages or losses arising from your use of services provided by such third parties, including but not limited to forgotten password, incorrectly construed smart contracts or transactions, server failure, data loss, corrupted files, viruses, unauthorized access and/or use by third parties.
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NFT AND CORRESPONDING NFT CONTENT IS PROVIDED TO YOU AT YOUR SOLE RISK, AND THAT THE NFT AND CORRESPONDING NFT CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XSOLLA, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE NFT AND CORRESPONDING NFT CONTENT AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, ITS REPRESENTATION, THE SMART CONTRACT OR ITS FUNCTIONALITY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO THE NFT AND CORRESPONDING NFT CONTENT OR USE OF THE NFT AND CORRESPONDING NFT CONTENT WILL MEET YOUR REQUIREMENTS, (II) THE NFT AND CORRESPONDING NFT CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED IN REGARDS TO THE PURCHASE OF THE NFT AND CORRESPONDING NFT CONTENT WILL BE ACCURATE, (III) THE SITE, THE APP AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10.2 XSOLLA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE NFT AND CORRESPONDING NFT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE NFT AND CORRESPONDING NFT CONTENT. XSOLLA WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR MALFUNCTION OF THE NFT AND CORRESPONDING NFT CONTENT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED CRYPTO-WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE NFT AND CORRESPONDING NFT CONTENT OR THE BLOCKCHAIN NETWORK.
10.3 PROVISIONS OF LIABILITY LIMITATION DETERMINED UNDER PROVISIONS OF SECTION 14 OF XSOLLA STANDARD EULA APPLY TO ANY ABOVE MENTIONED LOSS OR MALFUNCTION OF THE NFT AND CORRESPONDING NFT CONTENT.