Xsolla ZK, Inc.'s End User License Agreement
Effective: February 3, 2025
This End User License Agreement (“EULA”) governs your access and/or use of products and software within the Xsolla ZK, Inc. ecosystem (“Xsolla ZK platform”), which products and services are defined to mean the following: the Xsolla ZK blockchain, which is a layer-2 protocol that scales Ethereum; content and functionality related to the Xsolla ZK blockchain through the website located at https://x.la, including subdomains, subdirectories and other derivations thereof, a digital backpack of virtual items, and other products or software that are built and offered by Xsolla ZK and relevant affiliates to implement, utilize and/or enhance the functionality related to the Xsolla ZK Blockchain (collectively, the “Xsolla ZK Software”).
This EULA is an agreement between you and Xsolla ZK, Inc. (and relevant affiliates), a company formed in Delaware, USA (“Xsolla ZK”), and regulates your access and use of Xsolla ZK platform and Xsolla ZK Software. If you download, install and/or use this Software, you agree to the terms of this EULA.
Additionally, this EULA incorporates the following by reference: Xsolla ZK’s Global Privacy Notice, Cookie Policy, Terms of Use and Disclaimer for NFTs Provided by Xsolla ZK, Inc.
IMPORTANT NOTICE
Xsolla ZK platform and Software is only available only to those who are the age of majority in their respective jurisdiction of residence. If you are below the age of majority, you must not access or use Xsolla ZK platform or Xsolla ZK Software. Please refer to our applicable policies for more guidance on age restrictions and parental consent.
You must read through this EULA in its entirety before installing and/or using Xsolla ZK Software.
Paid features of Xsolla ZK Software are available for users in countries which have a double taxation treaty with the USA, or with countries in which Xsolla ZK has a corporate presence. If you are located in a country that does not have a double taxation treaty with the USA, your access to paid features may be limited or restricted, and in such case, you must not use the paid features of Xsolla ZK Software.
LICENSE
Subject to these terms, Xsolla ZK gives you a non-exclusive, worldwide, non-transferrable, and revocable license to access, download, install and run Xsolla ZK Software on your computer, mobile phone or game console which it was designed to run on. This license does not grant you any intellectual property rights or ownership rights to Xsolla ZK Software.
Xsolla ZK does not endorse the installation and use of Xsolla ZK Software within virtual environments or emulators and you do so at your own risk.
Xsolla ZK Software is required for you to access Xsolla ZK platform through computers, mobile phones and game consoles.
UPDATES AND UPGRADES
Xsolla ZK will make updates and upgrades to Xsolla ZK Software from time to time, whether by an update within Xsolla ZK Software or by a software download (patch). It is your duty to download and apply the updates and/or upgrades to your installation of Xsolla ZK Software on your device. Xsolla ZK is not obliged to provide continuous updates or upgrades and you understand that the functionality of Xsolla ZK Software may be interrupted, disrupted or impaired due to the non-application or application of such updates or upgrades.
If you apply any unauthorized patches to your installation of Xsolla ZK Software, you do so at your own risk.
XSOLLA ZK ASSETS
All assets created by Xsolla ZK or its contractors and/or made available by Xsolla ZK to users of Xsolla ZK Software, including software in whatever form, browser extensions, game plugins, 3D models, 3D avatars, artwork, music, custom worlds, filters, dashboards, custom in-world recordings (“Xsolla ZK Assets”), are considered the property of Xsolla ZK and may not be distributed outside Xsolla ZK platform without the express advance written permission of Xsolla ZK. Users of Xsolla ZK Software may use Xsolla ZK Assets within the Xsolla ZK platform subject to the terms of the sale of Xsolla ZK Assets and their specific license. You are not allowed to export Xsolla ZK Assets for use outside of the Xsolla ZK Software without the express advance written permission of Xsolla ZK. You may not resell or redistribute Xsolla ZK Assets to other users unless you have express advance written permission from Xsolla ZK.
Xsolla ZK Assets do not include (1) custom assets made available to Xsolla ZK users by individual creators who own the intellectual property rights of such custom assets, and (2) custom assets created for Xsolla ZK users by external designers. When you download, purchase or use such assets, you will be bound by the specific terms of sale and/or license attached to the assets.
Creators of custom metaverses, custom games, 3D assets, custom avatars and similar assets or customizations, own the intellectual property in their respective creations.
INTELLECTUAL PROPERTY RIGHTS
Xsolla ZK maintains all intellectual property rights in Xsolla ZK Software and Xsolla ZK Assets. You are not permitted to hack, reverse engineer or disassemble Xsolla ZK Software or Xsolla ZK Assets without the express advance written permission of Xsolla ZK. You agree not to install and use any third party software which manipulates the functioning of Xsolla ZK Software.
You agree not to import any assets or software into Xsolla ZK (and related) environments that violate the intellectual property rights of any third parties.
You may not redistribute any software, libraries or assets of third parties which have been licensed to Xsolla ZK and which are distributed as part of Xsolla ZK Software (e.g., through downloads).
Xsolla ZK reserves the right to work with individual creators to issue customized versions of Xsolla ZK Software (e.g., for a custom game loader client), which would be subject to this EULA.
Xsolla ZK uses software libraries and other software assets from third parties, and distributes these software libraries with its game client. You do not have the right to redistribute these software libraries and other software assets separately. You do not have the right to provide a mirror download of Xsolla ZK game client unless pre-authorized by Xsolla ZK in writing.
ETHEREUM WALLET
You may be required to connect to your cryptocurrency wallet (such as a software wallet or a hardware wallet) in order to access certain virtual spaces and features built on Xsolla ZK platform.
You are solely responsible for ensuring that you are connecting to the correct website. You are solely responsible for the safety of your own Ethereum (or any other) wallet.
Xsolla ZK will not be responsible for any security breach if you use unauthorized versions of Xsolla ZK Software or if your computer (or any other pertinent device) has been compromised.
Certain features within Xsolla ZK platform are available only to holders of Xsolla ZK’s NFTs (non-fungible tokens) and may be unlocked only after you have connected with your cryptocurrency wallet.
IN-GAME PURCHASES OR SUBSCRIPTIONS
Xsolla ZK Software is made available for free to users. Xsolla ZK offers items and/or services for users of Xsolla ZK platform, as in-game purchases or subscriptions. The sale and purchase of in-game items and/or subscriptions may be paid for by credit card, debit card and/or cryptocurrencies.
Your in-game purchases may not be transferred to other users of Xsolla ZK platform without the express advance written permission of Xsolla ZK. Services and items purchased by you are non-transferrable to third parties without the express permission of Xsolla ZK. In the case of NFTs which add functionality to your experience of Xsolla ZK platform, you are permitted to transfer the said NFTs to third parties.
SELLING OF IN-GAME ITEMS OR SERVICES
You may apply to sell in-game items and/or services within Xsolla ZK platform, as an approved item creator or service provider. However, selling items which infringe on third party rights may lead to a termination of your license and cause your account to be blocked or suspended.
Sales of in-game items or services within Xsolla ZK platform may be suspended or stopped at any time according to the sole discretion of Xsolla ZK.
Payments for in-game items or services may be processed by a payment processor appointed by Xsolla ZK. Xsolla ZK reserves the right to charge processing fees and/or administration fees for processing sales of your items and/or services.
You will be solely responsible to bear all income tax for any revenue earned by you from Xsolla ZK platform in-game purchases and/or subscriptions.
CHARGES
Xsolla ZK platform is built upon the Ethereum blockchain and certain transactions require payment on the Ethereum blockchain, whether using ETH (Ethereum) or other mode of payments as may be decided by Xsolla ZK (or an affiliate). In making a blockchain transaction, you agree to bear the network fees (i.e., the gas) which fluctuates according to blockchain activity as well as the market price of Ethereum.
COMPLAINTS
Xsolla ZK takes complaints from users of its Xsolla ZK Software seriously. If a complaint is raised against you by other users, Xsolla ZK reserves the right to suspend or block your account or otherwise suspend your account privileges until the complaint has been investigated.
Xsolla ZK reserves the right to freeze, suspend or block your Ethereum-based account if it contains an NFT which has been the subject matter of a complaint of suspicious dealing (e.g., stolen NFT).
RESPONSIBLE BEHAVIOR POLICY
You agree to behave responsibly at all times during your use of Xsolla ZK Software, and to abide by Xsolla ZK’s responsible behavior policy for Xsolla ZK users, as follows:
- No disturbing, interrupting, bullying or harassing of other users within Xsolla ZK environment.
- No communications, whether through image transmission, video transmission, audio transmission, world building, metaverse building, using tools in Xsolla ZK Software to create displays or other creations, text chat and/or voice chat, which are pornographic, mature, violent, sexual, abusive, racist or promoting hate.
- No importing and no building of objects, scenes or artwork that are pornographic, mature, violent, sexual, abusive, racist, or promoting hate within or using Xsolla ZK Software.
- No stealing, conversion, theft, robbery or misappropriation of any items within the Xsolla ZK environments that belong to other users.
- No recording, surveilling or spying, of other users, without the knowledge and/or permission of the other users.
Your failure to abide by the above responsible behavior policy shall be treated seriously and may be relied upon by Xsolla ZK in suspending your privileges, whether partially or fully.
AML/KYC
You agree to comply with any AML/KYC procedures set up by Xsolla ZK to comply with legal regulations and government policies, in various jurisdictions. In other words, you may be required to submit evidence of your identity, and allow the app to capture an image or a video of you using a camera attached to your device.
THIRD PARTY DATA PROCESSORS
Xsolla ZK works with third party services which integrate into the Xsolla ZK platform to provide an aggregated and integrated platform and experience. Data from your activities, including data submitted for KYC/AML purposes, may be submitted to the relevant service providers. By using Xsolla ZK Software, you give your consent for such data to be transmitted to the said service providers in connection with your use of Xsolla ZK platform. These service providers may be located outside your jurisdiction.
By using Xsolla ZK Software, you understand that your IP address will be logged, shared with and exposed to third party software service providers for purposes of providing certain functionality within Xsolla ZK Software. Your IP address will be logged in Xsolla ZK’s servers (or a third party retained by Xsolla ZK) and transmitted to third parties. By continuing to use Xsolla ZK Software after being warned, you are deemed to have consented to such processing of your IP address for purposes of using Xsolla ZK Software.
TERMINATION OF LICENSE
Services which require the possession of a Xsolla ZK (or any other designed party)-issued NFT will be terminated upon your sale or transfer of the said NFT from your Ethereum (or other)-based wallet.
Xsolla ZK reserves the right to terminate your account in the event of a violation of this EULA and/or the related terms and conditions.
Your license to use Xsolla ZK Software will automatically terminate upon your uninstalling of the Software from your device. However, in the event of a termination of this EULA, you agree that all other provisions other than the license to use Xsolla ZK Software will survive such termination, including provisions pertaining to indemnification, limitations on damages and intellectual property rights of Xsolla ZK and its business affiliates in Xsolla ZK Software, Xsolla ZK platform, in-game purchases and customizations.
INDEMNITY
You agree to indemnify, defend and otherwise hold harmless Xsolla ZK, its owners, officers, directors, employees, members, shareholders and affiliates against any claims, liability, costs, damages or expenses arising out of your use of Xsolla ZK Software. To the maximum extent permitted by law, you agree that the maximum amount that you may claim as compensation, damages, etc., against Xsolla ZK is the amount that you have paid to Xsolla ZK for the specific transaction(s) that is subject to this EULA.
DISCLAIMERS
You agree that you assume full responsibility for your actions within the Xsolla ZK platform. You understand that Xsolla ZK does not monitor and control all users in real time and it is your responsibility to inform Xsolla ZK’s representatives of any user behavior or anything within Xsolla ZK platform that you consider illegal, unethical and/or unacceptable. Xsolla ZK platform may be used for mature content by certain creators, and by using Xsolla ZK Software you hereby indicate your consent to view mature content (if any).
Xsolla ZK Software is provided to you on an as-is basis without any warranties, whether express or implied, for your safety and without any guarantee of the quality of Software for any purpose whatsoever. You understand that Xsolla ZK Software may crash or be inadequate for certain requirements.
You further understand that when you connect your cryptocurrency wallet to Xsolla ZK Software, Xsolla ZK is not responsible for any loss or malfunction that you may experience as a result thereof.
DISPUTE RESOLUTION
Binding Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Binding Arbitration. Any dispute, claim or controversy (“Claim”) relating in any way to this Agreement, the Site or your use or purchase/license of Xsolla ZK Software, Xsolla ZK Assets or Xsolla ZK Platform will be resolved by binding arbitration as provided in this Section, rather than in court, except that you may assert claims in small claims court if your claims qualify.
If you are located in the United States: This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of California. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. The arbitration will be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures (“Rules”) as those Rules exist on the effective date of this Agreement. The arbitrator’s decision shall be final, binding and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in a Federal District Court or a California State court located in Los Angeles County. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement, including any claim that all or any part of the Agreement is void or voidable. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. Notwithstanding the foregoing, we and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If you are located in the United Kingdom: This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Any dispute, claim or controversy relating in any way to this Agreement, Xsolla ZK Software or platform or your use thereof or to any other products or services licensed or distributed by us will be resolved by binding arbitration as provided in this clause. Prior to commencing any formal arbitration proceedings, the parties shall first seek settlement of any claim by mediation in accordance with the LCIA Mediation Rules, which Rules in their entirety are deemed to be incorporated by reference into this clause. If the dispute is not settled by mediation within 21 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. The seat or legal place of arbitration shall be London.
If you are located in any territory that is not specifically enumerated above, you may elect for either of the scenarios above to apply to you. Any Claim relating in any way to Xsolla ZK, this EULA (or any other Policy) or to any products or services licensed or distributed by Xsolla ZK will be resolved by binding arbitration as provided in this clause.
Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only 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 a court decides that applicable law precludes enforcement of any of this clause’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. For any court proceedings subject to this clause, they must be brought only in a Federal District Court or a California State court located in Los Angeles County.
30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the email address notices@x.la with subject line LEGAL OPT OUT. The notice must be sent within 30 days of your first use of Xsolla ZK’s Software, otherwise you shall be bound to arbitrate disputes and will be deemed to have agreed to waive any right to pursue a class action in accordance with the terms of those clauses. If you opt-out of these provisions, we will also not be bound by them.
As to all other legal rights and remedies of the parties, including indemnification obligations and limitations on damages, this EULA expressly incorporates the relevant provisions set forth in the Terms of Use.
NON-WAIVER
Failure or neglect by Xsolla ZK or an affiliate, at any time, to enforce any of the provisions of this EULA shall not in any manner be construed to be a waiver of Xsolla ZK’s rights in that regard and in terms of this EULA.
SEVERABILITY
Any provision of this EULA that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
MISCELLANEOUS
Xsolla ZK reserves the right to update, amend or redact this EULA from time to time, whether in part or in its entirety. It is your responsibility to access the latest version of this EULA and Xsolla ZK is not obliged to send you a copy of this EULA.
COMMUNICATIONS
Xsolla ZK’s official email address is notices@x.la. If you have any enquiries, please inquiries that you deal with this email address.
OFFICIAL SUPPORT CHANNELS
Xsolla ZK’s official support channels are:
- E-mail: notices@x.la.
- Mail (postage pre-paid, first class mail): Attention: EULA, Xsolla ZK, Inc., 15260 Ventura Blvd., Suite #2230, Sherman Oaks, California, United States.