Gaijin Terms of Service
IMPORTANT NOTICE: PLEASE NOTE THAT SECTION 12 OF THESE TERMS CONTAINS BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT AFFECT YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES. PLEASE READ PARAGRAPH 12.4 CAREFULLY BEFORE ACCEPTING THESE TERMS.
EXCEPT FOR CERTAIN TYPES OF DISPUTES, YOU AGREE THAT ANY DISPUTES ARISING BETWEEN YOU AND GAIJIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
These Terms of Service (“Terms”) are part of the Terms and Conditions (as defined below) and govern your use of Gaijin's Services. Some of the Services are also regulated by additional instruments if explicitly provided by the Terms and Conditions.
IF YOU DO NOT AGREE WITH THE TERMS OR ANY OF THE DOCUMENTS THAT REGULATE THE USE OF THE SERVICES AND ARE AN INTEGRAL PART OF THE TERMS AND CONDITIONS, PLEASE, STOP USING OUR SERVICES. THE ENGLISH VERSION OF THE TERMS AND CONDITIONS (INCLUDING THESE TERMS) IS THE ONLY ORIGINAL VERSION. IT SHALL PREVAIL IN THE EVENT OF ANY DIFFERENCES, QUESTIONS, OR DISPUTES CONCERNING THE MEANING, FORM, VALIDITY, OR INTERPRETATION THERE.
1. DEFINITIONS
“Administration” means Gaijin, third parties authorized by Gaijin, and a person or a group of persons appointed by Gaijin to monitor the players' compliance with the Terms and Conditions.
“Service/Services” means any digital product of Gaijin, e.g., Website, Games, mobile applications or other services such as Gaijin Store (store.gaijin.net) and Gaijin Marketplace (trade.gaijin.net), including any available information and/or content. Content may include any intellectual property, e.g., databases, trademarks, software, text, design, graphics, video-/audio materials, films, messages, pictures, architecture, etc.
“Gaijin” means one of the following legal entities (depending on the circumstances described below):
● When Services are provided directly to the User - Gaijin Network Ltd, with its registered address at Ifigeneias street 63, Office 302, 2003 Strovolos, Nicosia, Cyprus;
● When Services are offered via third-party platforms (e.g., Steam, PlayStation Network, Xbox Live, GOG, Google Play Store, Apple App Store) - Gaijin Distribution Kft., with its registered address at Hungária körút 162-166, 1146 Budapest, Hungary.
Gaijin can also be referred to as “we,” “us,” or “our” in the Terms.
“User” means the user of any Service. The User can also be referred to as “you” or “your” in the Terms. If you do not agree to these Terms, you should not use any of the Services, and, at the same time, you cannot be deemed a User in the meaning of this definition.
“Website” means any website operated by Gaijin.
“Games” means any of the videogames published and/or licensed by Gaijin under EULA to Users on any platform (i.e., Windows, Xbox, PlayStation, iOS, Android, etc.).
“Game Access Restriction” means the type of sanction for violating these Terms of Service in the form of blocking the User's capability to enter and play the Game.
“Account” means a personal Gaijin account registered by the User to use the Services.
“Terms and Conditions” mean any of the documents regulating the Services provision by Gaijin, including those specified below:
● Basic User Agreements
Terms of Service (this document)
End User License Agreement (“EULA”) (an Annex #2 to the Terms of Service)
● Personal Data and Cookies
● Buying/Trading
● User-Generated Content (UGC)
Guidelines for Content Creators
WT Live Copyright Compliance Policy
● Rules of Behavior
Game Rules (an Annex #1 to the Terms of Service)
● Rules for Events
General Rules for Promotional Events
and other documents, agreements, policies, rules, or guidelines (if any more) available on legal.gaijin.net.
The Terms and Conditions form an essential part of the Terms. By accepting the Terms, you also acknowledge and agree with the provisions of the Terms and Conditions. Any reference to the Terms and Conditions herein shall also apply to these Terms unless otherwise explicitly stated.
PLEASE NOTE that the Websites (related to Games or other Services) can provide additional regulations, including documents governing the relations between you and Gaijin, other than the Terms and Conditions defined above.
2. USE OF SERVICES
2.1 The Services are NOT offered to Users under the age of 16 (unless you are a parent or legal guardian and the Services are intended for your child upon your consent). Accepting the Terms and using the Services confirms that you are 16 years of age or older. Gaijin may provide or limit the provision of the Services to Users of another age if it complies with local laws. If you are a parent or legal guardian, you shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 16. You accept full responsibility for any use of the Service by minors in connection with your Account. You are solely responsible for minors using your credit card or another payment instrument (e.g., PayPal and Facebook Credits).
2.2. At its sole discretion, Gaijin may require confirmation of the User's age at any time.
2.3. Some Services may be inappropriate for people with epilepsy, seizures, or other diseases requiring health precautions. The User should decide on their own whether Services may harm their health. If so, the User shall immediately stop using the Services. We recommend consulting medical services before using the Services.
2.4. The User shall not use Services if Gaijin has previously banned the User for violating the Terms and Conditions (including these Terms).
2.5. The Services may be updated and modified without the User's consent or notification. To the extent permitted by law, the Services are provided on an “AS IS” and “AS AVAILABLE” basis. Gaijin does not guarantee meeting the User's needs and expectations unless otherwise explicitly and unambiguously stipulated by the Terms and Conditions.
2.6. Gaijin reserves the right to stop providing the Services at any time, either permanently or temporarily, without any compensation or refund in the events described in paragraph 3.8 below or of reasonable notice.
2.7. The Services may not be accessible in some countries, and Gaijin, at its sole discretion, has the right to limit the provision of Services in any area at any given time. In this case, the Terms and Conditions shall be deemed void in such areas, and no Gaijin's obligations shall arise hereunder.
2.8. At its sole discretion, or as long as may be reasonable, Gaijin may provide technical support for the Services from time to time for free. The User agrees that technical support, maintenance works, or other circumstances may make Services inaccessible and cause outages. The User agrees that outages caused by technical support, maintenance works, or other causes are typical and do not affect Service quality.
2.9. Some Services may be offered via various third-party gaming platforms (Steam, PlayStation, Xbox, etc.). The use of such platforms is subject to their terms and conditions. Gaijin does not regulate or control the User's usage of such platforms; any reference to third-party platforms is given by Gaijin “AS IS,” without warranty of any kind, either express or implied.
2.10. The User acknowledges and agrees that Gaijin is under no obligation to provide the User with any specific support or maintenance in connection with the provision of Services unless such duty is imposed on Gaijin under applicable law. However, subject to other provisions of these Terms, Gaijin will endeavor to help the User with any problems or questions you may have with the Services. You can contact our Support Service as instructed in Section 13 below. To accelerate the response to your request, please provide Gaijin's representatives with all the information they need to solve the problem in a reasonable time.
2.11. The Services may include links to third-party websites. These linked websites are not under the control of Gaijin, and Gaijin is not responsible for any content or link contained in a linked website. Gaijin is providing these links only as a convenience, and the inclusion of any link does not imply endorsement of the website by Gaijin. Your use of the third-party website may be subject to that third party's terms and conditions and/or privacy policies. We recommend reading them carefully before agreeing to them.
2.12. The User shall keep all correspondence with Gaijin confidential, including its Support Service. Any information received from Gaijin (or any of its representatives), including, without limitations, technical, customer, or other support issues, is confidential and shall not be made public or disclosed to any third party unless explicitly permitted by Gaijin.
3. ACCOUNT
3.1. To use some of the Services, the User creates an Account and provides the information necessary for providing the Services as specified in Gaijin's Privacy Policy.
3.2. The User is solely responsible for providing accurate and true information and keeping it up-to-date without prejudice to the data subject’s right to rectification as specified in Gaijin’s Privacy Policy. This provision does not apply to the username (unique User’s identifier). Offensive, illegal, and otherwise inappropriate usernames are prohibited.
3.3. The User is NOT allowed to provide any information that refers to third persons or false identities or other information, the provision of which (including, without limitations, through publication) infringes third-party rights or any applicable law.
3.4. The User shall not create multiple Accounts.
3.5. The User shall keep the Account login and password strictly confidential. The User is solely responsible for maintaining the confidentiality of their login details and for all activities that occur on their Account, whether authorized or not (for example, if the Account credentials become known to third parties or in the event of unauthorized access). Any use of the Account with the User’s login and password shall be carried out by the User. The User shall immediately notify Gaijin if there is any breach or misuse of the User’s Account.
3.6. The User shall not sell (or buy), rent, exchange, or give away an Account.
3.7. The User shall use Services and Account for non-commercial, personal, and lawful purposes only. Such purposes shall correspond with the Services' nature, purpose, or functions.
3.8. Gaijin may, at its discretion, deactivate or delete the User’s Account without any notice in the following cases:
3.8.1. if the User violates any provision of Terms and Conditions (including these Terms) or there is any reasonable suspicion of the User’s failure to comply with them;
3.8.2. if the User fails to confirm reaching the age according to paragraph 2.1 above or duly receiving parental consent;
3.8.3. if the User exercises one of their data subject rights according to Gaijin’s Privacy Policy (for example, right to restrict processing, right to erasure), making maintenance of the Account by Gaijin impossible;
3.8.4. if someone else uses the User’s Account to engage in activity that violates these Terms;
3.8.5. if Gaijin ceases offering the Services and/or their part.
3.9. The User may delete an Account at any time.
3.10. Deactivation or deletion of the Account either by the User or by Gaijin leads to termination of the Terms and Conditions (including these Terms). Gaijin is not required to provide refunds, benefits, or other compensation if the User requests the deletion of an Account or the Account is deleted according to paragraph 3.8 of these Terms.
3.11. The User’s Account that has been continually inactive for 3 or more years may be deleted by Gaijin upon prior notice sent to the email associated with the Account. After deletion, all Gaijin Coins, Skins, and other in-game items on the User’s Account disappear and cannot be restored.
3.12. The User acknowledges that the User has no ownership or other proprietary rights in the Account. Gaijin grants access to the Account solely for providing the User the Services.
4. INTELLECTUAL PROPERTY
4.1. All rights to the Services and associated intellectual property rights, including right, title, and interest, are owned by Gaijin, or Gaijin has the right to provide them. Unless otherwise specified in the Terms and Conditions, Gaijin grants the User a non-exclusive, non-sublicensable, non-transferable, limited license to use the Services in accordance with their functions solely for private, non-commercial use, subject to compliance with the Terms and Conditions (including these Terms).
4.2. If the User intends to use some of the Services, for example, Games, the User accepts EULA, being an integral part of the Terms and Conditions and governing the use of such Services.
4.3. With respect to all provided Services and the relevant content and information, the User shall not:
4.3.1. infringe Gaijin’s intellectual property rights and use any portion of the Services for any purpose other than its intended purpose;
4.3.2. copy, distribute, resell, assign, rent, lease, reproduce, adapt, sub-license, publicly perform, modify, decompile, reverse-engineer, translate, disassemble, delete technical protection measures, or create derivative works;
4.3.3. use viruses, malware, or spyware;
4.3.4. delete or modify copyright, patent, trademark notices, etc.
4.4. Should the User provide Gaijin with any copyrighted materials owned by the User or create any content within the Game (collectively – the “UGC”), Gaijin acquires a perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use the UGC for the purpose of providing the Services on any territory without limitations of terms without the User being mentioned as the owner of such materials. The User is not allowed to provide any UGC unless they have an authorized right to do so. Gaijin does not claim any ownership rights in the UGC, and nothing in these Terms and Conditions (including these Terms) should be construed as limiting any User’s rights to use and exploit the UGC.
4.5. The User represents and warrants that the UGC:
4.5.1. is not obscene, offensive, hateful, or inappropriate;
4.5.2. does not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
4.5.3. does not infringe upon any third-party's rights, including copyright, trademark, or rights of privacy and publicity;
4.5.4. does not contain any viruses, Trojan horses, worms, or other harmful software or data;
4.5.5. does not violate any laws or regulations.
4.6. Gaijin does not check the User's right to provide the UGC and its originality. Gaijin shall bear no responsibility for the UGC. The User utilizes the UGC provided by other Users at their own risk and responsibility. For any objectionable UGC (whether illegal or infringing on your rights), please get in touch with Gaijin Support.
4.7. Gaijin reserves the right to remove any UGC provided by the User or impose another sanction at its sole discretion and without notice.
5. FORUM AND COMMUNICATION
5.1. The User may communicate with other users via messages through Services (e.g., Website forum, commentaries, or in-game chats). Gaijin may impose additional rules for such communication, for instance, by incorporating them in the Terms and Conditions.
5.2. The User may also contact Gaijin via messages through Services, forums, or email.
6. MARKETPLACE, STORE, AND PAID SERVICES
6.1. Some Services provide Users with the right to acquire and exchange in-game items (the use of which is covered by EULA) at the Store or Marketplace. Gaijin may impose additional rules for such acquisition and exchange, for instance, by incorporating them into the Terms and Conditions.
6.2. Provision of some Services (including obtaining the right to use in-game items) may require payment. Such payments shall be made as provided by Section 7 below and in accordance with Gaijin’s rules/instructions, including in the Terms and Conditions.
7. CHARGES AND BILLING
7.1. The User agrees to pay all fees (which may include any applicable taxes) incurred by the User or anyone using the User’s Account. The price of any product, service, or entitlement purchased through the Services is the price specified at the time of the User’s purchase. Gaijin may revise the pricing for any product and services offered through the Service at any time.
7.2. When conducting online purchases with the Services, the User must provide true, accurate, and complete information about them and use non-fraudulent means of payment. Suppose the User provides any untrue, inaccurate, or incomplete personal or financial information, or Gaijin has reasonable grounds to suspect any information is false, inaccurate, or incomplete. In that case, Gaijin has the right to annul the related financial transaction and to refer to relevant authorities with the details of such an incident.
7.3. All purchases made through the Services are non-refundable regardless of the payment method, except as provided under the applicable law. The User assumes full responsibility for confirming that the phone, computer, or other device has the proper software and is compatible with the products, applications, or services purchased, downloaded, or otherwise obtained through the Services.
7.4. Purchases of Services through third-party platforms are regulated in accordance with the terms and conditions of the relevant platform. Please contact the relevant store or payment platform directly with any questions regarding payments, billing, or refunds. Gaijin does not control these processes.
8. USER’S CONDUCT
8.1. When using the Services, the User is NOT allowed to do the following:
8.1.1. post, publish, send, promote, cite, and put a link to information that:
a) infringes third-party rights, including intellectual property rights,
b) is of advertising or promotion in nature,
c) is offensive, including religiously, sexually, racially, nationally, personally, or otherwise,
d) uses defamatory, abusive, or threatening language,
e) contains nudity or is of a sexual or pornographic nature,
f) is unlawful, deceptive, or fraudulent,
g) invades someone’s privacy,
h) contains harassment or promotes and encourages harassment or excessive violence,
i) encourages a criminal offense or gives rise to civil liability,
j) otherwise violates the Terms and Conditions (including these Terms) or the applicable law.
8.1.2. intentionally affect any other party's use and experience of the Service;
8.1.3. try to gain unauthorized access to the Services or someone else’s Account or collect information from or through the Services other than the Terms and Conditions permitted.
8.2. The list mentioned above is non-exhaustive, and certain Services may have specific rules of conduct. For example, Game Rules (see Annex #1 below) contain information regarding the prohibited actions and sanctions within our Games.
8.3 Gaijin decides on the consequences of violating the User's conduct rules in each case independently at its sole discretion, including deactivating or deleting the User’s Account. You have the right to object to Gaijin’s decision by contacting our Support Service with providing sufficient proof of non-violation.
9. SERVICE TESTING
9.1 Gaijin may provide the User with a limited, non-transferable, non-exclusive, revocable right to use test versions of Services to identify errors and help improve their functionality. User's participation in Service testing is subject to Terms and Conditions (including these Terms). Such testing may include alpha and beta tests, including closed ones, which shall remain confidential as provided by paragraph 9.3 below.
9.2. Participation in tests is free and personal. Transferring access (as well as the right to access) to the Services to third parties is prohibited.
9.3. All information (including, without limitation, any comment, idea, or other feedback) acquired and/or provided by the User during the closed tests shall be deemed strictly confidential. The User must not disclose any information about the Service that is revealed at the stage of closed Service testing, including but not limited to information about the features of the functionality of Services, gameplay, and plot. The User also must not publish or transfer to third parties screenshots of the Services, screen recordings containing closed Services, information about errors found in the Service, stream gameplay (or any other use of Services) in real-time, as well as perform other actions to disclose any information about the Services. This confidentiality statement is valid indefinitely or for the longest possible period permitted by applicable law if indefinite validity is not permitted. The User agrees that irreparable damage would occur in case of a violation of such confidentiality. Gaijin is entitled to full compensation for the harm sustained as a consequence.
9.4. Test versions of the Services may become unavailable at any time at Gaijin’s discretion, as well as the User’s progress, achievements, in-game items, and other data. Service testing is provided for testing on an "AS IS" basis, and Gaijin makes no warranty to the User of any kind, neither express nor implied.
10. WARRANTY DISCLAIMER AND INDEMNIFICATION
10.1 The Services are used at the User’s own risk and with the agreement that the User will be solely responsible for any damage to the User's device, loss of data, or other harm that results from such activities. Gaijin does NOT make any warranties in respect to the Services unless otherwise expressly specified in these Terms and Conditions, including, without limitation, Services being accessible, risk-free, fit for a particular purpose, error-free and suitable, and unharmful for User's health and well-being. Contractors, agents, dealers, or distributors of Gaijin or any other third party shall not have a right to modify this limited warranty or make any additional warranties unless Gaijin agrees to it in writing.
10.2. The User will indemnify and keep indemnified Gaijin and its agents, employees, directors, successors, assignees, and licensees from and against any and all claims, liabilities, losses, costs, and damages (including legal fees and expenses) arising directly or indirectly in connection with or related to User's conduct or violation of the Terms and Conditions (including these Terms).
10.3 In no event shall Gaijin or any of its affiliates be liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information, or business interruption), under any theory of liability, resulting from, arising out of or in connection with the use of or inability to use the Services or the content, products, service, the statements or actions of any third party on or through the Services, any unauthorized access to or alteration of your transmission or data, any information that is sent or received, or not sent or received, any failure to store data, any loss of data, loss or damage to files, content, and/or any Services available, even if Gaijin has been advised of the possibility of such damages. This limitation shall not apply to liability for a death or a personal injury to the extent the applicable law prohibits such limitation. Furthermore, as some jurisdictions do not allow or limit the exclusion or limitation of liability for consequential or incidental damages or do not allow the exclusion or limitation of implied warranties, the above limitation may not apply in particular circumstances.
11. MISCELLANEOUS
11.1 The Terms and Conditions (including these Terms) are legally binding upon all Users and constitute a written agreement between the User and Gaijin.
11.2 The Terms and Conditions (including these Terms) may be updated and changed from time to time. Gaijin will notify the User of significant changes to the Terms and Conditions by posting the amended Terms and Conditions or, in the case of material modification, by sending a request to the User to accept or reject the amended Terms and Conditions (if the User has an Account). If the User continues to use the Services after a change or update, this constitutes the User’s acceptance of the amended Terms and Conditions.
11.3 Should the User have a dispute with Gaijin, the Terms and Conditions apply in the version when Gaijin receives a relevant notice from the User.
11.4 The User shall not assign any rights or obligations under the Terms and Conditions to third parties. However, Gaijin reserves the right to assign its rights and obligations under the Terms and Conditions to any third party at its sole discretion. In case of an assignment, Gaijin will update the Terms and Conditions.
11.5 The provisions of the Terms and Conditions (or any of their integral part) are severable, and invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remainder of the Terms and Conditions. If any provision of the Terms and Conditions is held invalid, illegal, or unenforceable in any respect for any reason, this shall not affect any other provision, and the Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provision was not a part of the Terms and Conditions that shall be carried out as nearly as possible in accordance with the original terms and intent.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 The Terms and Conditions (including these Terms) and any claims or disputes arising out of or in connection with them are governed by the laws of the Republic of Cyprus, except for the cases below.
● For residents in the USA and Canada, any dispute arising out of or related to the Terms and Conditions (including these Terms) shall be governed in all respects by the laws of the State of California, USA, without regard to conflict of law provisions (especially, the United States Federal Arbitration Act regulating interpretation and enforcement of the agreement to arbitrate and no class actions provisions).
● For residents in Australia, any dispute arising out of or related to the Terms and Conditions (including these Terms) shall be governed in all by the applicable laws of Australia.
● In terms of the Contribution Agreement, governing law and dispute resolution are stipulated by the Contribution Agreement.
12.2 In the event of any dispute arising out of or in connection with these Terms, You and Gaijin shall negotiate such dispute within 60 calendar days following the receipt of a written notice of dispute.
Such written notice must be sent physically by mail to the address stated in Section 1 of these Terms and electronically to the email address legal@gaijin.net, and must contain the following information:
● the full name and contact information of the claimant and its representative (if any);
● description of the nature and basis of the claim and dispute;
● description of the performance requested from Gaijin according to and in connection with the claim.
12.3. If the dispute cannot be resolved by negotiation (as prescribed in paragraph 12.2), to the extent permitted by applicable law all disputes shall be resolved by binding confidential arbitration.
12.3.1 For Users resident in the European Union and elsewhere in the world (except for the USA, Canada, and Australia):
● You may use the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. Arbitration in such case shall be initiated in the Out-of-court Dispute Settlement Body for Consumers and Entrepreneurs e.V. (Außergerichtliche Streitbeilegungsstelle für Verbraucher und Unternehmer e.V.) in Germany (Hohe Straße 11, 04107 Leipzig), which decision shall be binding, subject to the procedure prescribed by the Regulation on consumer Online Dispute Resolution (ODR), as stipulated by EU Regulation No 2006/2004 and Directive 2009/22/EC, as of the date of commencement of a dispute (more information at: ec.europa.eu/consumers/odr). The language of the arbitration shall be English;
● Any legal claim or dispute (if it is impossible to apply the provisions of the paragraph above concerning the arbitration) You may file against Gaijin must be resolved exclusively by a court located in Cyprus.
12.3.2. For Users resident in the USA and Canada or otherwise make any claim against Gaijin in those countries:
● Any legal claim, dispute, or other controversies between You and Gaijin arising out of or otherwise relating in any way to Terms and Conditions (including these Terms) shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) (Binding Arbitration). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms and Conditions (including these Terms) and AAA’s rules and procedures, then we will follow these Terms. The arbitration shall be initiated in San Francisco, State of California, USA. You and Gaijin agree to submit to the personal jurisdiction of that court to compel arbitration, to stay the proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The language of the arbitration shall be English. You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court. The arbitrator’s award shall be final and binding on you and Gaijin and may be entered as a judgment in any court of competent jurisdiction.
12.3.3. For Users resident in Australia:
● Any legal claim, dispute, or other controversies between You and Gaijin arising out of or otherwise relating in any way to Terms and Conditions (including these Terms) shall be resolved in accordance with the applicable Australian laws (e.g., brought in local small claims court).
NOTE: You expressly agree that in terms of claims and disputes not subject to the arbitration agreement above (or if such arbitration cannot be applied for whatever reason), exclusive jurisdiction for any claim or action arising out of or relating to the Terms and Conditions (including these Terms) shall be the state courts of the Republic of Cyprus, and You expressly consent to the exercise of personal jurisdiction of such courts.
12.4. CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT NO OTHER DISPUTES SHALL BE JOINED OR MERGED WITH YOUR DISPUTE, WHETHER IN A CLASS ARBITRATION OR OTHERWISE. YOU AND GAIJIN AGREE THAT THERE IS NO RIGHT OR AUTHORITY TO ARBITRATE ANY DISPUTE ON A CLASS-ACTION BASIS OR TO CLASS-ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE SUBMITTED AS REPRESENTATIVE OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION MAY BE COMBINED WITH ANY OTHER ARBITRATION.
13. CONTACT INFORMATION
13.1. To contact Gaijin, please use our Support Service portal, currently available at support.gaijin.net.
ANNEX #1. GAME RULES
1. To ensure an enjoyable gaming experience for everybody, you must behave respectfully and appropriately towards other players while playing our Games. This includes, without limitation, that you are not allowed to use nicknames or clan (squadron, etc.) names, slogans, logos, descriptions, etc., or disseminate other content that is unlawful, sexually related, misleading, misrepresentative, or promotes hate speech, contains derogatory, offensive remarks, or that relates to controversial figures or groups in a way that incites conflict, degrades human dignity, or encourages forceful governmental overthrow.
2. You must play fair and not intentionally disrupt your team's gameplay. For example, you must not hurt your teammates on purpose ("friendly fire"), block their movements, or stay inactive ("AFK") during a game session. You must not use cheats, bugs, exploits, or other methods of unfair play.
3. You must not share spam, use offensive language, promote discrimination, post provocative content, engage in discussions violating the law, spread hate speech or endorse other harmful propaganda, or discuss matters that breach decency and morality, whether in text- or voice-based chats, or otherwise. You must also not share other individuals’ personal data, threaten, disseminate false information, or publicly discuss the Administration's actions. You must use the language proper to the game chat’s language zone (if any).
4. You may not use the in-game complaint system to send irrelevant or groundless complaints or insult any person, whether individual, group, or corporate.
5. Users may report objectionable content they have encountered in the game chats. We usually review such reports within two weeks and may take appropriate measures. However, we reserve the right not to disclose the details of our decision.
6. We do not support or endorse political entities, and using our Games for any political purpose is prohibited. Among other things, messages in the game chats, clan (squadron, etc.) names, logos, and descriptions should not contain political content, except for the neutral content that Gaijin might occasionally add (for example, flags and national emblems of the United Nations Member States).
7. Administration reserves the right not to interfere in the clan’s activities, especially in the distribution of clan authority between its members, actions of clan managers, or if someone creates a clan with a similar name or logo.
8. If you violate these Game Rules, the Administration may undertake any restorative measure or impose a penalty of their choice at any time and without further explanation, for example, by amending infringing nicknames or clan (squadron, etc.) names/descriptions, restricting your access to a Game, disbanding a clan (squadron, etc.), imposing restrictions on the use of game chats (“mute”), delete or suspend your Account, or impose any other sanction. You will not be entitled to a refund or any kind of compensation in such a case.
9. If your actions do not explicitly violate the rules outlined in this document but lead to substantial complaints from other Users or harm the interests of third parties or Gaijin, the Administration reserves the right to apply the Game Access Restriction or delete your Account.
10. As a rule, the Administration's decisions are final. Any appeals are proceeded at their discretion on a case-by-case basis.
IMPORTANT: For detailed interpretations and guidance on forbidden actions and corresponding sanctions in our Games, please refer to the Gaijin Code of Conduct, available at legal.gaijin.net/codeofconduct. Please note that the code is a reference document that serves an explanatory purpose and does not bind or limit Gaijin’s application of these Game Rules.
ANNEX #2. END USER LICENSE AGREEMENT
IMPORTANT NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING, AND MAKE SURE YOU HAVE REACHED THE AGE OF 16 OR ANY OTHER AGE THAT MAY BE REQUIRED IN ACCEPTING THIS DOCUMENT IN ACCORDANCE WITH THE LAWS OF YOUR COUNTRY OF RESIDENCE. YOU CAN FIND OUT MORE DETAILS ABOUT THE PERMISSIBLE AGE IN SECTION 7 OF THIS DOCUMENT BELOW.
Depiction of any real-world weapon or vehicle in the Games does not mean participation in product development, sponsorship, or endorsement of any weapon or vehicle manufacturer.
1. GRANT OF LICENSE
1.1. We hereby grant you the right to store, download, install, execute, and display the latest version of the applicable Game client for the platforms (computer devices, whether desktop, laptop, mobile, or, in particular, gaming consoles) for which the Games were specifically designed by Gaijin and, at the same time, with the sole and only purpose of your playing the Game(s).
1.2. Although we call the License “License to the Game,” the aforementioned rights relate solely to the Game client, which Gaijin deliberately made available for download, further installation, and launch. Please note that you are not permitted to store, download, modify, or otherwise use any part of the Game that does not constitute its client (client-side of the Game), including, amongst others, any backend part (server-side) of the Game and the In-Game Items (please also check Section 6 of this EULA to find more about the use of In-Game Items in Gaijin’s Games). The License allows you to interact with non-client parts of the Game solely as made technically available by Gaijin within the Games, provided Gaijin has the right to change the methods of such technical interaction.
1.3. The License granted to you under this EULA is:
● non-exclusive - you are not the only User (licensee), and we may grant the same or any other license to any of our Games to others;
● for personal use only - you can use the Game only on your personal device (which is used solely for your personal purposes and primarily by you), and your use of the Game explicitly excludes any commercial or other non-personal use;
● limited - you can use the Games only for the purposes and by means as provided by this EULA and the Terms and Conditions;
● revocable - means that we can terminate the License in some instances, as provided in Section 11 of this EULA below;
● non-transferable - means the License is granted solely to you, and you cannot assign, sublicense, or otherwise transfer it to any other person (whether individual or entity). For the avoidance of doubt, your rights and obligations under the License are non-transferable, whether in whole or in part.
1.4. The Games are licensed, not sold. It means you do not acquire any property or other rights to a digital copy of any of the Games unless otherwise provided by applicable law as a mandatory rule. You are also not granted any rights that are not expressly stated in this EULA or the Terms and Conditions.
2. LICENSE TERM AND TERRITORY
2.1. The License term starts from the date of your accepting this EULA and lasts until this EULA is suspended or terminated as stipulated in Section 11 below.
2.2. You can use the Game worldwide unless otherwise specified by Gaijin on the Game’s official Website, within the Game Client, on a physical copy of the Game, or by any other means of Gaijin's only choice. Gaijin has the right to unilaterally change the territory of the License in the way stipulated in paragraph 11.2 of our Terms of Service.
3. LICENSE LIMITATIONS
3.1. The license granted to you under this EULA has certain limitations. Gaijin has the right to terminate your License if you violate the limitations provided in this Section.
3.2. You hereby unconditionally agree and guarantee that you WILL NOT do (or attempt to do or facilitate doing) under any circumstances the following:
3.2.1. No transfer
● sell, lend, rent, sublicense, publish, distribute, transfer in any other way the Game (or a copy thereof), in whole or in part, to any third party;
● allow third parties to benefit from utilizing the Game through timeshare contracts, service contracts, or otherwise, including any commercial exploitation.
3.2.2. No derivative works or reverse engineering
● change, modify, translate, create derivative works of, reverse engineer, derive source code from, disassemble, decompile the Game in whole or in part, or commit other actions specified by paragraph 4.3 of the Terms of Service.
3.2.3. No malicious or deceiving use
● modify server code (including the use of cheats, hacks, etc.);
● exploit flaws in Game mechanics (exploits, bugs, etc.);
● use software that automates the game process (bots, mods), changes gameplay or functionality of the Game, grants an advantage over other players not using such software, or otherwise changes game experience, whether yours or any other player’s;
● use any third-party software which may anyhow interfere with the Game which is not authorized by Gaijin for a particular Game(s) or related services, unless such use is permitted by law as a mandatory rule;
● destroy, disable (or assist in destroying, disabling) any computer or server used to support the Game and related services; to upload any files that contain malicious code, including viruses, spyware, trojans, worms, intentionally corrupted data, or any other files that may damage, or interfere with, the Games and related services; organize, assist or take part in any type of cyberattacks, including, without limitation, denial of service, and commit any other actions or attempts to disrupt the Games and related services;
● use the Game, knowingly or unintentionally, in violation of any applicable law or regulation, or contribute to a violation of any applicable law or regulation;
● make available, offer, advertise, promote, and otherwise distribute any of the aforementioned means of malicious or deceiving use.
3.2.4. No circumventing or manipulating use
● engage in any act in conflict with the spirit or intended use of the Game and related services (as reasonably determined by us), including but not limited to circumventing or manipulating the Game, game mechanics, and the rules set forth by the Terms and Conditions and this EULA.
3.2.5. No commercial use
● use the Game or parts of it for commercial purposes, including, but not limited to (1) to interact with or facilitate commercial advertising or commercial offers, or (2) to transfer In-Game Items by means other than explicitly provided by the Game or other Gaijin services.
3.2.6. No services rendering
● use the Game, or parts thereof, to render any in-game services, including to other Users, in exchange for service fees or any other consideration, which explicitly include, without limitation, in-game leveling, crew leveling, and item collection services, mission performance, fighting in battles in exchange for payment or resource grinding services.
3.2.7. No transmitting unauthorized information
● use the Game to share unauthorized information, including, but not limited to, unsolicited emails, junk mail, spam, and any material promoting malware, spyware, and downloads.
3.2.8. No unauthorized connections
● use, facilitate, create, or maintain any unauthorized connections to the Game, including, without limitation, (1) any connection to any unauthorized server that emulates or attempts to emulate any part of the Game, or (2) any connection using programs, specialized tools, software not permitted by Gaijin.
3.2.9. No mining of hidden data
● mine or otherwise collect any Game data not intended for display during normal (as intended by Gaijin) exploitation of such Game.
3.2.10. Terms of Service limitations
● otherwise use the Game in a way contrary to the Terms of Service, including Sections 3 and 4 of this EULA. For your convenience, here are some examples of such prohibited use:
i) utilizing illegal or otherwise non-appropriate usernames (or nicknames), such as the names of terrorists, Nazi leaders, or Nazi war criminals;
ii) making available through the Games any material or information or committing other actions that infringe any third-party right (including any individual or legal entity);
iii) publishing nudity, sexual, excessively violent, offensive, or otherwise inappropriate content, as well as distributing the links to such content or using the Game by any means for these purposes;
iv) posting abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive information, as well as distributing the links to such information or using the Game by any means for these purposes.
3.3. This list is not exhaustive; please also see our Terms of Service to learn more about the use of, and the applicable limitations to, Gaijin services, including the Games.
4. PROPRIETARY RIGHTS AND DIGITAL RIGHTS MANAGEMENT
4.1. You agree that the computer code, visual images, sounds, systems, ideas, methods of operation, documentation, and other information contained in the Games are intellectual property and/or the valuable trade secrets of Gaijin or its suppliers and/or licensors and are protected by intellectual property, civil and criminal law.
4.2. You also understand that the Games are a commercial product operated by Gaijin at its sole discretion.
4.3. To prevent unauthorized use of the Game, Gaijin may utilize specific technical means (DRM tools, anti-cheat solutions, etc.) designed to prevent such unauthorized use of our Games and our intellectual property and other rights. For example, Gaijin utilizes Easy Anti-Cheat for that purpose (for more information, please visit Easy Anti-Cheat official website, available at easy.ac). Furthermore, Gaijin may also use such technical means to ensure that you use an original copy of the Game and do not violate the Terms and Conditions.
5. DEMO ACCESS
From time to time, Gaijin may provide certain Users of Gaijin’s choice access to a particular Game or to a Gaijin Account intended solely for launching and playing the Game for a short time specified by Gaijin and typically without charging any fee for such access (the “Demo Access”). However, Gaijin does not guarantee to Demo Access holders the safety of their game progress, In-Game Items, or the possibility of transferring their Demo Account data to their personal Gaijin Account.
6. IN-GAME ITEMS AND APPLICABLE FEES
6.1. Gaijin’s Games are usually distributed on a free basis (unless otherwise explicitly stated by Gaijin or its distribution partners). Regardless of the distribution basis (paid, free, or otherwise), Gaijin usually offers for “real world” money the right to use the optional in-game data indented to extend or improve your gameplay and in-game experience, such as in-game virtual currency (for which you can buy other In-Game Items), DLCs, characters and virtual objects (vehicles, weapons, mounts, military equipment, etc.), as well as skins for them, any consumables and other items/features modifying your gameplay and enhancing your in-game experience (collectively, “In-Game Items”). Such In-Game Items constitute an integral part of the relevant Game, and the License covers their use to the same extent as the Game, including any and all applicable limitations. In-Game Items being offered or sold for one Gaijin’s Game are not compatible with any other game unless otherwise expressly facilitated and permitted by Gaijin.
6.2. The In-Game Items made available through the Gaijin services are licensed, not sold. The method and usage of the specific In-Game Items may depend on certain game mechanics and/or gameplay purposes.
6.3. Any fees (whether in the form of In-Game currency or “real world” money) paid by you in exchange for any In-Game Items are non-refundable and cannot be exchanged for another In-Game Item unless:
● such refund or exchange is explicitly and unambiguously consented to by Gaijin (for example, you can trade virtual currency for another In-Game Item strictly to the extent expressly allowed in the applicable Game);
● otherwise is provided by the Terms of Service;
● otherwise provided by applicable law as a mandatory rule.
PLEASE TAKE INTO CONSIDERATION THAT GAIJIN DOES NOT MAKE ANY REFUNDS IN CASE OF, WITHOUT LIMITATION, YOUR GAIJIN ACCOUNT DELETION OR ITS OTHER EXPIRATION, LICENSE REVOCATION, OR OTHER EULA TERMINATION ON ANY GROUNDS.
6.4. Please also see our Terms of Service for more details on charging and billing any applicable fees made within Gaijin services (including store and marketplace for which we may invoke the additional rules being a part of the Terms and Conditions), including our Games. Please pay special attention to Sections 5 and 6 thereof.
7. AGE RESTRICTIONS
7.1. Besides the minimum age necessary to accept the Terms and Conditions (including this EULA) as stipulated by the Terms and Conditions (16 years old or other age of necessary legal capacity in your country), please take into consideration that each Game also has its age rating or limitations (e.g., PEGI, ESRB depending on your region).
7.2. Depending on your applicable law, if you (or your child who intends to play the Game) are under the minimum required age, you shall do the following:
● Refrain from using our Games;
● Consult your parents or legal guardian whether you can play the Game;
● Do other actions as required by the laws of your country.
IF YOU ARE UNDER 16 YEARS OLD (OR ANOTHER AGE THAT IS NECESSARY TO FULLY ACCEPT LEGALLY BINDING DOCUMENTS IN YOUR COUNTRY), PLEASE ASK YOUR PARENT OR GUARDIAN TO REVIEW THIS DOCUMENT AND APPROVE YOUR PLAY. YOU CANNOT PLAY OUR GAMES WITHOUT SUCH CONSENT.
8. HEALTH PRECAUTIONS
8.1. You understand and agree that Game audiovisual content may aggravate epileptic and other neurological disorders. If you tend to such diseases, we strongly recommend consulting your doctor before playing our Games or refusing to play; Gaijin is not responsible for any direct or indirect consequences of playing a Game in such a situation.
8.2. You also acknowledge that continuous playing can lead to excessive fatigue that can provoke certain diseases, including impaired vision, various forms of spinal deformities, neuroses, and other health disorders. You are independently responsible for keeping track of the time spent while playing our Games, organizing breaks/rest, taking proper position while playing, and undertaking other precautions to keep your health safe.
9. SYSTEM AND TECHNICAL REQUIREMENTS
9.1. Please note that the requirements mentioned below may periodically change, including with respect to the same Game. It is mostly connected with the changes to the Game being made by Gaijin from time to time, according to Section 10 of this EULA. Nevertheless, Gaijin also reserves the right to change such requirements in respect of any Games at its sole discretion.
9.1.1. Minimum requirements. Each Game is designed to be run on one or several specific platforms (operating systems or devices). In some cases, a Game may have its minimum technical requirements for your device (e.g., in terms of CPU, GPU, RAM, free storage, etc.), which are indicated by Gaijin on the Game’s official website, Game’s official page on a third party gaming platform or by other means at Gaijin’s discretion. Please ensure your platform meets such a minimum. Otherwise, Gaijin does not guarantee the Game’s launch or functioning and is not responsible for other flaws in the Game’s work. You are solely responsible for having sufficient device resources to store and launch the Game, including free RAM, storage, CPU and GPU load, etc.
9.1.2. Recommended requirements. For informational purposes and your convenience, we usually publish our Games' recommended requirements concerning your device's technical parameters. Please pay attention that such recommended requirements are designed for information purposes only and do not guarantee flawless functioning of the Game nor imply any other guarantee or warranty. For the avoidance of doubt, if a platform (whether device or operating system) is stated as a “recommended requirement” for a Game, it means the Game is designed to operate solely on such a platform. The same applies to other “recommended requirements,” which are clear to be necessary from the context.
9.1.3. Internet connection requirement. Usually, Gaijin’s Games require a stable high-speed Internet connection to work correctly and provide a good gaming experience. Please consider that Gaijin is not responsible for any flaws in Game work arising from the quality (including speed, reachability of Gaijin servers and response time, or so-called “ping”) of your Internet connection.
10. PATCHES, UPDATES, AND MODIFICATIONS
10.1. To ensure the best level of services, user experience, and Gaijin services efficiency within the Games, we need to patch, update, and modify our Games from time to time. That usually results in mandatory and/or automatic updates of our Games, and the older versions may not launch or operate until you update them.
10.2. Gaijin has the right to change the software code of the Game at any time at its sole discretion. Such changes may affect, among others, the functionality of the Game and its other content. For instance, we can add or remove Game content or features, fix bugs and errors, make balance changes, etc.
10.3. Please pay special attention that some patches, updates, and modifications may require (and over time will require) higher technical requirements to your device, or increase the device resources consumption by the Game, otherwise they may lead (and over time will lead) to performance drop of the Game and/or lower graphics or other settings.
10.4. By accepting this EULA, you confirm and acknowledge that your refusal to update the Game may make its further use by you impossible, and this EULA shall be deemed suspended until you update the Game.
11. LICENSE TERMINATION
11.1. Termination by User. You can terminate this EULA immediately by permanently stopping the use of our Games and deleting them from your device.
11.2. Termination by Gaijin. We have the right to both suspend or permanently terminate this EULA (which also means restricting your access to any of our Games) in the following cases:
● you materially breach this EULA or the Terms and Conditions;
● you breach the Game Rules in the manner and to the extent provided by such Game Rules;
● we suspend or delete your Gaijin account on the grounds provided in our Terms of Service;
● we cease operating and distributing the Game or otherwise stop giving access to the Game, subject to reasonable prior notification;
● on other grounds as provided by the Terms and Conditions.
11.3. In case of License termination as stated in this Section of EULA, or on the other grounds provided by the Terms and Conditions, we will not have any future obligations or liabilities before you.
11.4. When done by Gaijin, License termination shall have its effect immediately unless otherwise explicitly indicated by Gaijin or required by applicable law as a mandatory rule.
11.5. License termination is safe to any obligations and liabilities of you and Gaijin that emerged and existed before the termination.
PLEASE NOTE THAT TERMINATION OF THE TERMS AND CONDITIONS OR THE TERMS OF SERVICE, OR SUSPENDING OF THIS EULA, LEAD TO THE CONSEQUENT LICENSE TERMINATION/SUSPENSION.
12. ADDITIONAL PLATFORM TERMS
If you get access to the Game through third-party platforms, you shall be solely responsible for ensuring you use such platforms and any accounts on them (such as Apple App Store, PlayStation, or Xbox account) in accordance with the policies applicable to such platforms and accounts. Please refer to the specific platforms’ terms below.
In any case, such third-party platforms shall not be responsible for this EULA breach or any Gaijin omissions. This EULA in no way aims to change any of the agreements between third-party platforms and you; the terms of such agreements shall always prevail over this EULA in anything related to the use of such platforms and the use of their intellectual property.
Please be aware that Gaijin shall comply with all requirements of third-party platforms to provide you with the opportunity to have access to the Games through those platforms. Therefore, Gaijin may be required to change this EULA to comply with third-party platform requirements.
12.1. Apple App Store Additional Terms
The following additional terms and conditions apply to the Games available on any Apple, Inc. iPhone or iPad personal devices (“Apple”):
● This EULA is concluded as specified earlier between Gaijin and you, not with Apple which carries no obligations under this EULA and which cannot be responsible for any breaches of this EULA, including any Game’s deficiencies and malfunction. Usage of the Games provided via Apple shall be according to the usage rules set forth in the Apple Media Services Terms and Conditions or the Volume Content Terms, such usage rules shall prevail over the terms of this EULA.
● As specified in paragraph 1.3 of this EULA the License granted to you is non-transferable and, therefore, shall be limited to the right to store the Game only in the memory of Apple products you own or control, and execute and display the Game only on Apple products that you own or control according to the Usage Rules set forth in the Apple Media Services Terms and Conditions, except for Apple products that you do not own and control but associated with you via Family Sharing, volume purchasing, or legally valid contracts.
● Apple is not responsible for providing any maintenance and support of the Games.
● Gaijin is solely responsible for any Games warranties, whether expressed or implied by law. Apple does not have warranty obligations with respect to the Game. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is Gaijin's sole responsibility. The only exception is that in the event of any failure of the Game to conform with any applicable warranty (express or implied) you may notify Apple, and Apple will refund the purchase price for the Game.
● Apple is not responsible for addressing any your claims or any third-party claims relating to the Game, including, but not limited to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with Game’s use of the HealthKit and HomeKit frameworks.
● In the event of any third-party claims that the Games infringes third party’s intellectual property rights, Gaijin shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (if and to the extent required under this EULA).
● You represent that you are not located in any U.S. embargoed countries or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons list or Entity List.
● You agree that this EULA does not confer any rights or remedies on any person other than the parties to this EULA. Notwithstanding the foregoing, Apple or its subsidiary is third party beneficiary of this EULA, and upon your acceptance of this EULA, Apple or its subsidiary will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
12.2. Sony Additional License Terms
If you play the Game on PlayStation computer entertainment system available for use on your PlayStation devices, the following additional terms and conditions apply with respect to playing Game on PlayStation:
a) for SIEA:
Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
b) for SIEE:
Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
12.3. Microsoft Additional License Terms
If you play the Game on Xbox platform, the following additional terms and conditions apply with respect to playing Game on Xbox:
● you shall be subject to any policies that apply to Xbox use, including the Microsoft Services Agreement available at microsoft.com/en/servicesagreement.
● Gaijin shall be solely liable under this EULA, Microsoft or its affiliates are not licensor under this EULA, Microsoft or its affiliates are not responsible for the proper functioning of the Game and any warranties compliance, so, no claims for damages with regards to the Game can be addressed to Microsoft or its affiliates.
● Microsoft or its affiliates shall not provide any maintenance and support of the Games, such maintenance and support is Gaijin’s sole responsibility.
Microsoft’s applicable agreements, including Xbox Live terms shall in any case prevail over this EULA, which is inapplicable to the relationships between you and Microsoft or its affiliates.
Last revised and effective: September 14, 2023