Gaijin Terms of Service
Welcome to Gaijin Entertainment! We hope you enjoy your experience using our Service(s). Please take a moment to review these Terms of Service carefully. By using our Service(s), you agree to be bound by the terms outlined in this document and all other applicable terms and policies.
IMPORTANT NOTICE: PLEASE NOTE THAT SECTION 12 OF THESE TERMS INCLUDES BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT AFFECT YOUR RIGHTS ON HOW TO RESOLVE DISPUTES. PLEASE READ CLAUSE 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. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUITS OR CLASS-WIDE ARBITRATIONS.
These Terms of Service (“Terms”) are part of the Terms and Conditions (as defined below) and govern your use of Gaijin’s Service(s). Some Service(s) are additionally regulated by other documents, as explicitly specified in the Terms and Conditions.
IF YOU DO NOT AGREE WITH THESE TERMS OR ANY OTHER DOCUMENTS GOVERNING THE USE OF THE SERVICE(S), WHICH ARE AN INTEGRAL PART OF THE TERMS AND CONDITIONS, PLEASE STOP USING OUR SERVICES.
1. DEFINITIONS
1.1. Defined Terms. When capitalized in this document, the terms below shall have the following meanings:
“Account” means a personal Gaijin Account created by the User for accessing and using the Service(s).
“Administration” means Gaijin, third parties authorized by Gaijin, and any individual or group appointed by Gaijin to monitor player compliance with the Terms and Conditions.
“Gaijin” refers collectively to the following legal entities, depending on the specific Service(s) you use or interact with:
Gaijin Network Ltd, a Cypriot company with registration number HE 312702 and registered office at 63 Ifigeneias Street, Office 302, Strovolos 2003, Nicosia, Cyprus. This entity is responsible for the Gaijin Service(s) unless explicitly stated otherwise in the relevant terms, policies, webpages, platforms or platform stores, within the game itself, or any other relevant medium or interface, your agreement will be with Gaijin Network Ltd.
Gaijin Distribution Kft., a Hungarian company with registration number 01-09-182370 and registered office at Hungária körút 162-166, Budapest, 1146, Hungary. In certain cases, Gaijin Distribution Kft. may operate specific Service(s). Where this applies, it will be clearly indicated in the relevant terms, policies, webpages, platforms or platform stores, within the game itself, or any other medium or interface.
Gaijin may also be referred to as “we,” “us,” or “our” in these Terms.
“Game Access Restriction” refers to a penalty or sanction imposed for violating these Terms, including blocking the User’s ability to access and play the Game(s).
“Game(s)” refers to any of the video games, including downloadable content (DLC), expansions, updates, patches, and any other content published and/or licensed by Gaijin under an End User License Agreement (EULA) for use by Users on any platform (e.g., Windows, Xbox, PlayStation, iOS, Android, etc.) whether accessed by digital download, physical media, or other distribution methods.
“Service(s)” refers to any digital products or offerings provided by Gaijin, including but not limited to Website(s), Game(s), mobile applications, software, online platforms and other services such as the Gaijin Store and Gaijin Marketplace and any other services or features offered by Gaijin through digital platform. Service(s) may also include any content, data, or information provided through these platforms, including, without limitation, user-generated content, promotional materials, and updates. Content may encompass intellectual property such as databases, trademarks, software, text, designs, graphics, audio/video materials, films, messages, images, architecture, user interfaces, code, and other forms of media, whether now known or developed in the future.
“Terms and Conditions” refer to any documents that regulate the provision of Gaijin’s Service(s), including the following:
Basic User Agreements:
- Terms of Service (this document)
- End User License Agreement (“EULA”) (Annex #2 to these Terms)
Personal Data and Cookies:
Buying/Trading:
User-Generated Content (UGC):
- Guidelines for Content Creators
Rules of Behavior:
- Game Rules (Annex #1 to these Terms)
Rules for Events:
- General Rules for Promotional Events
“User” refers to the individual using any Gaijin Service(s). The User may also be called “you” or “your” in these Terms. If you do not agree to these Terms, you should not use any Service(s) and will not be considered a User as defined herein.
“Website(s)” refers to any website, webpage, or web-based platform operated or licensed by Gaijin, including any subdomains, mobile versions, or other online platforms associated with Gaijin’s Service(s). This may include official websites, landing pages, or other digital properties that provide information, products, or Service(s) related to Gaijin.
As well as any other documents, agreements, policies, rules, or guidelines (if applicable) available on legal.gaijin.net.
1.2. The Terms and Conditions form an integral part of the Terms. By accepting the Terms, you also acknowledge and agree to the provisions of the Terms and Conditions. Any reference to the Terms and Conditions herein shall also apply to these Terms unless explicitly stated otherwise.
1.3. Language and Interpretation. The English version of this document is the official version. In case of any differences or disputes regarding interpretation, validity, or form, the English version shall prevail.
1.4. Headings and References. The headings to the Sections and Annexes in these Terms are for convenience only and should not be relied upon for the construction or interpretation of these Terms. References in these Terms to “Section(s)” pertain to sections of these Terms unless stated otherwise.
PLEASE NOTE that the Website(s) related to the Game(s) or other Service(s) may provide additional regulations, including documents governing the relationship between you and Gaijin, beyond the Terms and Conditions outlined above.
2. USING THE SERVICE(S)
2.1. The Service(s) are NOT offered to Users under 18 or those who have not reached the age of majority in their jurisdiction. If you are under 18 or have not reached the age of majority in your jurisdiction, you must have the consent of a parent or legal guardian to use the Service(s). By accepting these Terms and using the Service(s), you confirm that you are at least 18 years old or have reached the age of majority in your jurisdiction. Gaijin may limit or offer the Service(s) to Users of different ages based on local legal requirements. If you are a parent or legal guardian, you are responsible for monitoring your Account to restrict usage by minors and must deny access to children under 18. You assume full responsibility for any use of the Service(s) by minors connected to your Account. You are solely responsible for minors using your credit card or other payment methods (e.g., PayPal, Facebook Credits).
2.2. Gaijin may, at its sole discretion, require age verification from the User at any time.
2.3. Some Service(s) may not be suitable for individuals with conditions such as epilepsy, seizures, or other health concerns. It is the User’s responsibility to assess whether the Service(s) may pose a risk to their health. If there is any doubt, the User should immediately cease using the Service(s) and consult a medical professional before resuming usage.
2.4. User shall not use the Service(s) if Gaijin has previously banned them for violating the Terms and Conditions.
2.5. Gaijin may update or modify the Service(s) at its discretion without obtaining prior consent or notification from the User. To the extent permitted by applicable law, the Service(s) are provided on an “AS IS” and “AS AVAILABLE” basis. Gaijin does not guarantee that the Service(s) will meet the User’s specific needs or expectations unless explicitly stated otherwise in the Terms and Conditions.
2.6. Gaijin reserves the right to discontinue the Service(s) at any time, temporarily or permanently, without offering compensation or refunds, as outlined in Clause 3.8 below or with reasonable prior notice.
2.7. The Service(s) may not be accessible in all regions. Gaijin may limit or restrict access to the Service(s) in certain regions at its sole discretion. In such cases, the Terms and Conditions shall be considered void in those regions, and Gaijin will have no further obligations under these Terms.
2.8. At its discretion or when deemed reasonable, Gaijin may provide technical support for the Service(s) free of charge. The User acknowledges that technical support, maintenance, or other circumstances may result in temporary outages or the Service(s) inaccessibility. The User agrees that such outages are typical and do not affect the overall quality or functionality of the Service(s).
2.9. Some Service(s) may be provided through third-party platforms (e.g., Steam, PlayStation, Xbox). Their terms and conditions govern the use of these platforms. Gaijin does not regulate or control the User’s interaction with these platforms, and any references to third-party platforms are provided “AS IS,” without any express or implied warranty.
2.10. User acknowledges that Gaijin is not obligated to provide specific support or maintenance for the Service(s) unless applicable law requires. However, Gaijin will make reasonable efforts to assist the User with any issues or inquiries regarding the Service(s). For all such matters, the User can contact Gaijin’s Support Service as outlined in Section 13. To facilitate a faster resolution, a User should provide all relevant details when submitting a request.
2.11. The Service(s) may include links to third-party websites. Gaijin does not control or endorse these websites and is not responsible for any content or links. These links are provided for convenience, and including a link does not imply endorsement by Gaijin. Users’ use of third-party websites may be subject to the third party’s terms and conditions and privacy policies. We recommend reviewing these documents carefully before agreeing to them.
2.12. User agrees to keep all correspondence with Gaijin confidential, including interactions with Gaijin’s Support Service. Any information received from Gaijin (or its representatives), including but not limited to technical, customer, or support-related matters, is confidential and may not be disclosed or made public without Gaijin’s explicit permission.
3. ACCOUNT
3.1. To use specific Service(s), User must create an Account and provide the necessary information required to provide the Service(s), as outlined in Gaijin's Privacy Policy.
3.2. User is solely responsible for providing accurate and truthful information and ensuring it remains up-to-date, subject to the data subject’s right to rectification as stated in Gaijin’s Privacy Policy. This obligation does not apply to the username (the unique identifier for the User). Offensive, illegal, or otherwise inappropriate usernames are prohibited.
3.3. User should NOT provide any information related to third parties, nor create false identities or any other information that may violate third-party rights or applicable laws, including publishing such information.
3.4. User shall not create multiple Accounts.
3.5. User must keep their Account login credentials, including the username and password, strictly confidential. The User is solely responsible for maintaining the confidentiality of their login details and all activities carried out on their Account, whether authorized or not. This includes instances where the login credentials become known to third parties or in cases of unauthorized access. Any use of the Account with a User’s login and password will be considered an activity by the User. User must immediately notify Gaijin if they become aware of any breach or misuse of their Account.
3.6. User is prohibited from selling, buying, renting, exchanging, or giving away their Account.
3.7. User agrees to use the Service(s) and their Account for non-commercial, personal, and lawful purposes only. Such uses must align with the intended nature, purpose, and functions of the Service(s).
3.8. Gaijin reserves the right, at its sole discretion, to deactivate or delete a User’s Account without prior notice in the following situations:
3.8.1. User violates any provision of the Terms and Conditions, or there is reasonable suspicion of non-compliance.
3.8.2. User fails to confirm they meet the age requirements as specified in Clause 2.1 above or fails to obtain parental consent properly.
3.8.3. If a User exercises any data subject rights in accordance with Gaijin’s Privacy Policy (such as the right to restrict processing or the right to erasure), Gaijin will no longer be able to maintain the Account.
3.8.4. If another individual uses the User’s Account to engage in activities that violate these Terms.
3.8.5. If Gaijin ceases to offer the Service(s) or any portion thereof.
3.9. A User may delete their Account at any time.
3.10. The deactivation or deletion of the Account, whether initiated by the User or by Gaijin, results in the termination of the Terms and Conditions. Gaijin is not required to provide refunds, benefits, or any other form of compensation if the User requests Account deletion or if the Account is deleted under the provisions of Clause 3.8 of these Terms
3.11. If a User’s Account has been inactive for three (3) or more years, Gaijin may delete the Account, provided prior notice is sent to the email associated with the Account. Upon deletion, all Gaijin Coins, Skins, and other In-Game Items will be permanently lost and cannot be restored.
3.12. User acknowledges that they do not own or have proprietary rights over their Account. Gaijin grants access to the Account solely to provide the User with the Service(s).
4. INTELLECTUAL PROPERTY
4.1. All rights to the Service(s) and associated intellectual property, including title, interest, and ownership, are held by Gaijin or are licensed to Gaijin. Unless explicitly stated in the Terms and Conditions, Gaijin grants Users a non-exclusive, non-transferable, non-sublicensable, limited license to use the Service(s) solely for personal, non-commercial purposes, in compliance with the Terms and Conditions.
4.2. By using specific Service(s), such as Game(s), User agrees to the EULA, which is an integral part of these Terms and governs the use of such Service(s).
4.3. Concerning the Service(s) and any related content or materials, the User shall not:
4.3.1 infringe Gaijin’s intellectual property rights or use any part of the Service(s) for anything other than its intended purpose;
4.3.2 copy, distribute, resell, rent, lease, reproduce, modify, adapt, sublicense, publicly display, reverse engineer, decompile, translate, disassemble, delete technical protection measures, or create derivative works;
4.3.3 use viruses, malware, spyware, or similar harmful software;
4.3.4 delete or alter copyright, patent, or trademark notices or other legal identifiers.
4.4. If a User submits any copyrighted material owned by them or creates content within the Game (collectively, "User-Generated Content" or "UGC"), Gaijin obtains a perpetual, irrevocable, transferable, sublicensable, royalty-free license to use such UGC to provide the Service(s), in any territory, and without time restrictions. Users will not be credited as the owner of the UGC unless otherwise specified. A User is not permitted to provide any UGC unless they have the necessary legal rights to do so. Gaijin does not claim ownership of UGC, and nothing in these Terms should limit a User's rights to use or exploit the UGC.
4.5. User represents and warrants that any UGC:
4.5.1 is not obscene, offensive, hateful, or inappropriate;
4.5.2 does not promote violence, discrimination, or hatred based on race, sex, religion, nationality, disability, sexual orientation, or age;
4.5.3 does not infringe on any third-party’s rights, including copyrights, trademarks, or privacy/publicity rights;
4.5.4 does not contain harmful software, such as viruses, Trojan horses, worms, etc.;
4.5.5 complies with all applicable laws and regulations.
4.6. Gaijin does not verify a User's right to provide UGC or its originality. Gaijin is not responsible for any UGC. User assumes full responsibility and risk for utilizing UGC provided by others. If any UGC is objectionable or infringes upon your rights, please contact Gaijin Support.
4.7. Gaijin reserves the right, at its sole discretion and without notice, to remove any UGC or take other actions, including sanctions, related to a User’s provision of UGC.
4.8. Gaijin allows Users to create content using Gaijin Game(s) in accordance with the Terms of Service, the EULA, and the specific guidelines outlined in Gaijin’s Guidelines For Content Creators (available at: legal.gaijin.net/contentrules). User is solely responsible for any UGC User makes public. When sharing UGC, User must clearly indicate that it is their own creation and ensure it is not presented as content that has been approved, endorsed, or created in collaboration with, or at the request of, Gaijin or its affiliates. Gaijin reserves the right, at its sole discretion, to request the removal of any UGC at any time.
5. FORUM AND COMMUNICATION
5.1. A User may communicate with other Users through messages within the Service(s) (e.g., Website(s)’ forum, comments, or in-game chats). Gaijin may establish additional rules for such communications, which may be incorporated into the Terms and Conditions.
5.2. A User may also contact Gaijin via messaging through the Service(s), forums, or email.
6. MARKETPLACE, STORE, AND PAID SERVICE(S)
6.1. Some Service(s) allow Users to acquire and exchange In-Game Items (subject to the EULA) through the Store or Marketplace. Gaijin may impose additional rules governing the acquisition and exchange of such items, which may be incorporated into the Terms and Conditions.
6.2. The provision of some Service(s) (including the acquisition of In-Game Items) may require payment. Such payments will be made in accordance with the procedures outlined in Section 7 below and in accordance with Gaijin's rules and guidelines, as specified in the Terms and Conditions.
7. CHARGES AND BILLING
7.1. User agrees to pay all fees (which may include applicable taxes) incurred by User or any person using the User’s Account. The price of any product, service, or entitlement purchased through the Service(s) is the price specified at the time of purchase. Gaijin may revise the pricing for any product or service offered through the Service(s) at any time.
7.2. When making online purchases through the Service(s), a User must provide accurate and complete information and use non-fraudulent payment methods. If the User provides false, inaccurate, or incomplete personal or financial information, or if Gaijin reasonably suspects such information is false, inaccurate, or incomplete, it reserves the right to cancel the financial transaction and report the incident to relevant authorities.
7.3. All purchases made through the Service(s) are non-refundable, irrespective of the payment method, unless otherwise required by applicable law. The User assumes full responsibility for ensuring that their phone, computer, or other device is compatible with the products, applications, or Service(s) purchased, downloaded, or obtained through the Service(s).
7.4. Purchases made through third-party platforms are subject to the terms and conditions of those platforms. If a User has any questions regarding payments, billing, or refunds, they should contact the relevant store or payment platform directly. Gaijin does not control these processes.
7.5. Some products, services, or entitlements available through the Service(s) may be offered as recurring subscriptions, subject to automatic billing at predetermined intervals (“Subscription”). The User acknowledges that payments for the Subscription will be processed automatically until the Subscription is terminated in accordance with the terms outlined herein.
7.5.1. The Subscription details, including its initial period, price, billing intervals, and any other relevant information, will be clearly specified in the Subscription interface before subscribing.
7.5.2. Gaijin reserves the right to revise the pricing for the Subscription at any time. If a price change occurs, Gaijin will notify the User at least 30 calendar days in advance unless a shorter notice period is required or permitted by applicable law. If the Subscription was purchased through a third-party platform, that platform's terms may govern the rules for price revisions.
7.5.3. User may cancel the Subscription at any time, with the cancellation taking effect at the start of the next billing cycle. The User will continue to have access to the Subscription benefits until the end of its then-current paid period.
7.5.4. If the Subscription payment fails due to an issue with the User’s payment method, Gaijin may temporarily suspend or terminate the Subscription until payment is successfully processed. This could affect the start of the next Subscription period and the billing date for subsequent periods. If Gaijin cannot charge your payment method (e.g., due to expiration or insufficient funds), you will remain responsible for any outstanding amounts, and Gaijin will attempt to charge the updated payment method once information is provided.
7.5.5. Gaijin reserves the right to terminate the User’s Subscription at any time. In certain cases, Gaijin may immediately terminate the Subscription, particularly if the User fails to pay the Subscription fee or if termination is justified based on mutual interests (such as when Gaijin suspends the User’s Account or restricts access to the Service(s) in accordance with the Terms and Conditions).
7.5.6. If the User violates the Terms and Conditions, the EULA, or other Gaijin rules, and Gaijin suspends or closes the User’s Account or access to the Service(s), the User will not be entitled to a refund for the Subscription time lost during the suspension or following the Account closure.
YOU ACKNOWLEDGE THAT GAIJIN IS NOT OBLIGATED TO REFUND ANY SUBSCRIPTION PAYMENTS EXCEPT WHERE REQUIRED BY APPLICABLE LAW.
8. USER CONDUCT
8.1. While using the Service(s), a User is strictly prohibited from engaging in the following actions:
8.1.1. Posting, publishing, sharing, promoting, citing, or linking to any information that:
(a) Infringes upon third-party rights, including intellectual property rights;
(b) Is of an advertising or promotional nature;
(c) Is offensive, including but not limited to religious, sexual, racial, national, personal, or other offensive content;
(d) Contains defamatory, abusive, or threatening language;
(e) Contains nudity or is sexually explicit or pornographic in nature;
(f) Is unlawful, deceptive, or fraudulent;
(g) Invades someone's privacy;
(h) Includes harassment or promotes or encourages harassment or excessive violence;
(i) Encourages criminal activity or could result in civil liability;
(j) Otherwise violates these Terms and Conditions or applicable law.
8.1.2. Intentionally disrupting or negatively affecting another User’s experience or use of the Service(s).
8.1.3. Attempting to gain unauthorized access to the Service(s) or another User’s Account or collecting information through the Service(s) not explicitly permitted under the Terms and Conditions.
8.2. This list is non-exhaustive, and certain Service(s) may have additional specific rules of conduct. For example, the Game Rules (see Annex #1 below) outline prohibited actions and sanctions within our Game(s).
8.3. Gaijin will determine the consequences for violating the Users’ rules of conduct at its sole discretion, including the possibility of deactivating or deleting the User’s Account. If you disagree with Gaijin’s decision, you have the right to appeal by contacting our Support Service and providing sufficient evidence to demonstrate that no violation has occurred.
9. SERVICE TESTING
9.1. Gaijin may grant a User with a limited, non-transferable, non-exclusive, and revocable right to use test versions of the Service(s) to identify errors and help to improve their functionality. Participation in service testing is subject to the Terms and Conditions. The Service testing may include alpha and beta tests, including closed tests, which must remain confidential as outlined in Clause 9.3 below. Participation in the closed tests is subject to Gaijin's prior approval issued at its absolute discretion. Gaijin evaluates the decision to grant the User access to the closed test on a case-by-case basis.
9.2. Participation in service testing is free and personal. Transferring access (or the right to access) to service testing to third parties is strictly prohibited.
9.3. All information acquired and/or provided by the User during closed service testing (including, without limitation, comments, ideas, or other feedback) is strictly confidential. The User must not disclose any information about the Service(s) revealed during the closed testing phase, including but not limited to details regarding the features, functionality, gameplay, or storyline. The User must also refrain from publishing or sharing screenshots, screen recordings, or any other media containing closed Service content or disclosing errors found during the test. Additionally, streaming gameplay (or using the Service(s) in any other public manner) is prohibited during closed testing. For the avoidance of doubt, disclosure of edited, altered, or in any other way redacted information in order to circumvent abovementioned restrictions constitutes a violation of this confidentiality obligation. This confidentiality obligation remains valid indefinitely or for the longest duration permitted by applicable law, whichever is shorter. The User acknowledges that a breach of this confidentiality would cause irreparable harm, and Gaijin is entitled to seek full compensation for any damage resulting from such a violation.
9.4. Test versions of the Service(s) may be made unavailable at Gaijin’s discretion at any time, including any associated progress, achievements, In-Game items, or other data. User acknowledges that Services in testing may not work as intended, contain bugs and errors, and are provided on an "AS IS" basis. Gaijin makes no warranties regarding the Service(s) in testing, whether express or implied.
10. WARRANTY DISCLAIMER AND INDEMNIFICATION
10.1. The Service(s) are used at the User’s own risk, and the User agrees that they are solely responsible for any damage to their device, loss of data, or any other harm resulting from such activities. Gaijin does NOT provide any warranties regarding the Service(s) unless explicitly stated in these Terms and Conditions. This includes, but is not limited to, warranties of accessibility, risk-free use, suitability for a particular purpose, error-free performance, and non-harmful effects on the User’s health and well-being. Gaijin’s contractors, agents, dealers, distributors, or any third party have no authority to modify this limited warranty or offer additional warranties unless agreed upon by Gaijin in writing.
10.2. User agrees to indemnify, defend, and hold harmless Gaijin, its agents, employees, directors, successors, assignees, and licensees from any and all claims, liabilities, losses, costs, and damages (including legal fees and expenses) arising directly or indirectly from the User's conduct or violation of the Terms and Conditions.
10.3. Under no circumstances 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, revenue, data, information, or business interruption) arising from, or in connection with, the use or inability to use the Service(s), content, products, services, statements or actions of any third party on or through the Service(s), unauthorized access or alteration of transmissions or data, failure to store data, loss of data, or any damage to files, content, or Service(s) available. This limitation applies even if Gaijin has been advised of the possibility of such damages. However, this limitation does not apply to liability for death or personal injury to the extent such limitation is prohibited by applicable law. Additionally, 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, and thus, the above limitation may not apply in all circumstances.
11. MISCELLANEOUS
11.1. Binding Agreement. These Terms and Conditions are legally binding on all Users and constitute a written agreement between the User and Gaijin. By accessing or using the Services, the User agrees to be bound by these Terms.
11.2. Amendments. Gaijin reserves the right to update, modify, or change these Terms and Conditions at any time. When significant changes are made, Gaijin will notify the User by posting the updated Terms and Conditions on its Website(s). For material modifications, Gaijin may require the User to accept the updated Terms (if the User has an Account). Continued use of the Service(s) after such updates shall be deemed acceptance of the revised Terms and Conditions. If the User does not agree to the amendments, they must cease using the Service(s).
11.3. Assignment. User may not assign or transfer any of their rights or obligations under these Terms to any third party without Gaijin's prior written consent. Gaijin, however, reserves the right to assign, transfer, or delegate any of its rights or obligations under the Terms and Conditions, in whole or in part, to any third party at its sole discretion, without the User’s consent. In such cases, Gaijin will update the Terms and Conditions as necessary.
11.4. Severability. If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of the provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it enforceable and reflect the original intent of the provision as closely as possible.
11.5. Entire Agreement. These Terms and Conditions, along with any documents or agreements incorporated by reference (including the Privacy Policy and EULA), constitute the entire agreement between the User and Gaijin regarding the Service(s). They supersede all prior or contemporaneous communications, representations, or agreements, whether electronic, oral, or written, between the User and Gaijin concerning the Service(s).
11.6. Force Majeure. Gaijin shall not be held liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, strikes, power outages, internet service interruptions, or government regulations.
11.7. Waiver. Failure by Gaijin to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Gaijin.
11.8. No Third-Party Beneficiaries. These Terms and Conditions are intended solely for the benefit of Gaijin and the User and are not intended to benefit any third party. No third party shall have any rights to enforce these Terms, except as expressly stated herein.
11.9. Survival. Any provisions of these Terms which by their nature should survive termination, including but not limited to provisions relating to intellectual property, indemnification, and limitation of liability, shall remain in effect after the termination or expiration of these Terms.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1. These Terms and Conditions and any claims or disputes arising out of or in connection with them are governed by the laws of Cyprus, except as provided below.
For residents of the USA and Canada, any dispute arising out of or related to the Terms and Conditions shall be governed by the laws of the State of California, USA, without regard to its conflict of law provisions (especially the United States Federal Arbitration Act, which regulates the interpretation and enforcement of the agreement to arbitrate, and the prohibition of class actions).
For residents of Australia, any dispute arising out of or related to the Terms and Conditions shall be governed by the applicable laws of Australia.
For matters related to the Contribution Agreement, the governing law and dispute resolution procedures are specified within the Contribution Agreement itself.
12.2. In the event of a dispute arising out of or in connection with the Terms and Conditions, you and Gaijin agree to attempt to resolve the dispute through negotiation within 60 calendar days following the receipt of a written notice of dispute.
Such written notice must be sent by mail to the address specified in Section 1 of these Terms and electronically to legal@gaijin.net. The notice must contain the following information:
- The claimant's full name and contact details and their representative (if applicable);
- A description of the nature and basis of the claim or dispute;
- A description of the action requested from Gaijin in connection with the claim.
12.3. If the dispute cannot be resolved through negotiation as outlined in Clause 12.2, and to the extent permitted by applicable law, all disputes shall be resolved by binding, confidential arbitration.
12.3.1. For Users residing in the European Union or elsewhere (excluding the USA, Canada, and Australia):
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions, including any question regarding its existence, validity or termination and any non-contractual claims, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Cyprus Arbitration and Mediation Centre, for the time being in force, which Rules are deemed to be incorporated by reference into this clause. The arbitration shall be administered by the Cyprus Arbitration and Mediation Centre (“CAMC”). The seat, or legal place of arbitration, shall be Nicosia, Cyprus. The appointing authority shall be the Board of Directors of CAMC. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. The governing law of the Terms and Conditions shall be the substantive law of Cyprus.
If arbitration through the above platform is not applicable, any legal claim or dispute must be resolved exclusively by a court located in Cyprus.
12.3.2. For Users residing in the USA and Canada or filing a claim against Gaijin in those countries:
Any legal claim, dispute, or controversy between those Users and Gaijin arising from or relating to the Terms and Conditions shall be resolved through binding, confidential arbitration before a commercial arbitrator from the American Arbitration Association ("AAA"). Arbitration will be governed by AAA’s rules and procedures, including the Consumer Arbitration Rules. In the event of a conflict between these Terms and AAA’s rules, these Terms will prevail. Arbitration will take place in San Francisco, California, USA. You and Gaijin agree to submit to the personal jurisdiction of the courts in that location for purposes of compelling arbitration, staying the proceedings pending arbitration, or confirming, modifying, vacating, or entering judgment on the arbitrator’s award. The language of the arbitration shall be English. By agreeing to arbitration, you hereby waive your right to a trial by jury or to pursue litigation in state or federal court. The arbitrator's award shall be final and binding and may be entered as a judgment in any court with competent jurisdiction.
12.3.3. For Users residing in Australia:
Any legal claim, dispute, or controversy between you and Gaijin arising out of or relating to these Terms and Conditions shall be resolved in accordance with applicable Australian laws, including through the local small claims court if applicable.
Note: For claims or disputes not subject to the arbitration agreement above (or if such arbitration is not applicable for any reason), exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions shall be with the courts of Cyprus. You expressly consent to the personal jurisdiction of such courts.
12.4. CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT NO DISPUTE SHALL BE JOINED WITH ANY OTHER DISPUTE, WHETHER IN 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 USE 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.
12.5. Any claims or disputes arising from or in connection with the Terms and Conditions must be initiated within 1 year from the date the cause of action arose unless a longer period is required by applicable law.
12.6. All arbitration proceedings shall be confidential, and no information relating to the arbitration, including the final award, shall be disclosed to third parties without the prior written consent of both parties, except as required by law.
13. CONTACT INFORMATION
13.1. To contact Gaijin, please use our Support Service portal, available at support.gaijin.net.
ANNEX #1. GAME RULES
1. Respectful Behavior. To ensure a positive gaming experience for all players, you must behave respectfully and appropriately toward others while playing our Game(s). This includes, but is not limited to, not using usernames, clan (squadron etc.) names, slogans, logos, or other content that is unlawful, sexually explicit, misleading, hateful, offensive, or related to controversial figures or groups in a way that promotes conflict, disrespects human dignity, or encourages violent governmental overthrow.
2. Fair Play. You must play fairly and not intentionally disrupt your team's gameplay. This includes not injuring teammates on purpose (i.e., "friendly fire"), blocking their movements, or remaining inactive ("AFK") during a game. You must also avoid using cheats, bugs, exploits, or other unfair methods of play.
3. Prohibited Content. You must not post spam, use offensive language, promote discrimination, share provocative content, engage in illegal discussions, spread hate speech, endorse harmful propaganda, or discuss matters that violate decency or morality. This applies to both text and voice chats or any other form of communication. Additionally, you must not share the personal information of others, make threats, spread false information, or publicly discuss the Administration's actions. Use language appropriate to the game chat’s designated language zone, if applicable.
4. In-Game Complaints. You cannot misuse the in-game complaint system by submitting irrelevant or baseless complaints or insulting others, whether individuals, groups, or companies.
5. Reporting Objectionable Content. You may report any objectionable content you encounter in game chats. We typically review reports within two weeks and may take appropriate action. However, we reserve the right not to disclose the details of our decisions.
6. Political Content. We do not support or endorse political entities, and using our Game(s) for any political purpose is strictly prohibited. This includes posting political messages in game chats or using political content in clan (squadron, etc.) names, logos, or descriptions. The only exception is the occasional addition of neutral content by Gaijin, such as flags and national emblems of United Nations Member States.
7. Clan Activities. The Administration does not interfere with the internal activities of clans, including the distribution of authority among clan members, the actions of clan leaders, or the creation of clans with similar names or logos.
8. Consequences for Violating the Rules. If you violate these Game Rules, the Administration may take corrective action or impose penalties at its discretion without further explanation. This may include amending inappropriate nicknames or clan names/descriptions, restricting your access to a Game(s), disbanding your clan, muting your chat access, suspending or deleting your Account, or imposing other sanctions. No refunds or compensation will be provided in such cases.
9. Unspecified Violations. If your actions, while not explicitly violating these rules, lead to significant complaints from other players or harm the interests of third parties or Gaijin, the Administration reserves the right to restrict your access to the Game(s) or delete your Account.
10. Final Decisions. Generally, the Administration’s decisions are final. Appeals may be considered at the Administration’s discretion on a case-by-case basis.
IMPORTANT. For more details on prohibited actions and corresponding penalties, please refer to the Gaijin Code of Conduct at legal.gaijin.net/codeofconduct. Please note that the Code of Conduct is a reference document intended for guidance and does not limit Gaijin's enforcement of these Game Rules.
ANNEX #2. END USER LICENSE AGREEMENT (EULA)
IMPORTANT NOTICE. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING IT. YOU MUST HAVE REACHED THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION TO ACCEPT THIS AGREEMENT. MORE DETAILS ON AGE REQUIREMENTS CAN BE FOUND IN SECTION 7 BELOW.
Any depictions of real-world weapons or vehicles in the Game(s) do not indicate involvement in product development, sponsorship, or endorsement by any weapon or vehicle manufacturer.
1. GRANT OF LICENSE
1.1. License Grant. Gaijin hereby grants you the right to store, download, install, excute and display the latest version of the applicable Game client on computer devices, whether desktop, laptop, mobile, or gaming consoles, specifically designed for the Gaijin Game(s). This license is granted solely for your personal, non-commercial use and only for the purpose of playing the Game(s).
1.1.1. Certain Game(s) may be available and operable without a dedicated Game client. In such cases, the above-mentioned rights apply to the one copy of such Game(s), granted exclusively for the purpose of playing the Game(s) and any possible use in conjunction with other Gaijin Service(s).
1.2. Scope of License. The provisions in this section apply unless Section 1.1.1. is applicable to the specific Game(s). Although referred to as a "License to the Game," the rights granted under this License relate solely to the Game client that Gaijin has intentionally made available for download, installation, and use. You are not permitted to store, download, modify, or otherwise use any part of the Game(s) that is not part of the Game client (i.e., the client-side of the Game), including but not limited to any server-side components or In-Game Items. Please refer to Section 6 of this EULA for further information on using In-Game Items. This License allows you to interact with non-client parts of the Game(s) only as made technically available by Gaijin within the Game(s), with the understanding that Gaijin retains the right to alter the methods of such interaction at its sole discretion.
1.3. License Characteristics.
The License granted to you is:
• Non-Exclusive. You are not the only licensee; Gaijin can grant the same or similar licenses to other users.
• For Personal Use Only. The Game(s) is for personal use on your own devices. You may not use it for any commercial purposes or on devices used primarily by others.
• Limited. Your Game(s) use is restricted to the terms outlined in this EULA and the Terms and Conditions.
• Revocable. Gaijin has the right to revoke or terminate your License under the conditions outlined in Section 11 of this EULA.
• Non-Transferable. The License is granted solely to you, and you cannot transfer, sublicense, or assign it to anyone else.
1.4. License Nature. The Game(s) is licensed, not sold to you. This means you do not own the digital copy of the Game(s), and you are only granted the rights specifically stated in this EULA and the Terms and Conditions unless required by law.
2. LICENSE TERM AND TERRITORY
2.1. License Term. Your License begins once you accept this EULA and continues until it is terminated or suspended, as explained in Section 11 below.
2.2. Territory. You can use the Game(s) worldwide unless Gaijin specifies otherwise. Any territorial restrictions will be communicated through the official Game(s) Website(s), the Game client, or other means at Gaijin’s discretion. Gaijin reserves the right to change the License's territory in accordance with Clause 11.2 of the Terms of Service.
3. LICENSE LIMITATIONS
3.1. The license granted to you under this EULA is subject to certain limitations. Gaijin reserves the right to terminate your License if you violate any of the restrictions outlined in this Section.
3.2. You agree and guarantee that you WILL NOT, under any circumstances, do (or attempt to do, or assist in doing) any of the following:
3.2.1. No Transfer:
- sell, rent, lend, sublicense, publish, distribute, transfer, or otherwise transfer the Game(s) (or a copy thereof), in whole or in part, to any third party, unless otherwise required by law as a mandatory provision;
- allow third parties to benefit from the Game(s) through timeshare contracts, service agreements, or any form of commercial exploitation.
3.2.2. No Derivative Works or Reverse Engineering:
- modify, translate, create derivative works of, reverse engineer, disassemble, or decompile the Game(s) (in whole or in part).
- engage in any other actions prohibited by Clause 4.3 of the Terms of Service.
3.2.3. No Malicious or Deceptive Use:
- modify the server code (including the use of cheats, hacks, or similar tools);
- exploit any flaws or bugs in the Game(s)’ mechanics (exploits, bugs, etc.);
- use software (such as bots or mods) that automates gameplay, alters the game's mechanics or functionality, provides an unfair advantage over other players who do not use such software, or otherwise disrupts the intended game experience for you or any other player;
- employ any third-party software that interferes with the Game(s) in any way, unless explicitly authorized by Gaijin for that specific Game(s) or related Service(s), or unless permitted by law as a mandatory exception;
- damage, disable, or assist in damaging or disabling any computer or server supporting the Game(s) and related Service(s). This includes uploading files containing malicious code (such as viruses, spyware, trojans, worms, or corrupted data) that may harm or disrupt the Game(s) and related Service(s). You must not engage in or support any form of cyberattack, including but not limited to denial-of-service attacks, or otherwise attempt to interfere with or disrupt the operation of the Game(s) or related Service(s);
- use the Game(s) in violation of any applicable laws or regulations, whether knowingly or unintentionally, or contribute to violating any such laws or regulations;
offer, promote, distribute, or otherwise make available any of the above-described malicious or deceptive actions, whether through the Game(s) itself or by any other means.
3.2.4. No Circumventing or Manipulating Use:
- engage in actions that conflict with the spirit or intended use of the Game(s) and related Service(s), including attempting to circumvent or manipulate the Game(s), its mechanics, or the rules outlined in the Terms and Conditions and this EULA.
3.2.5. No Commercial Use:
- use the Game(s) or any part of it for commercial purposes, including but not limited to (1) engaging with or facilitating commercial advertising or offers or (2) transferring In-Game Items through means other than those explicitly provided by the Game(s) or other Gaijin Service(s).
3.2.6. No Rendering of Services:
- use the Game(s) or any of its parts to provide in-game services to other Users for a fee or any other form of compensation, including but not limited to in-game leveling, crew leveling, item collection, mission completion, combat services, or resource farming.
3.2.7. No Unauthorized Information Sharing:
- use the Game(s) to share unauthorized or unsolicited content, including but not limited to unsolicited emails, junk mail, spam, and materials promoting malware, spyware, or harmful downloads.
3.2.8. No Unauthorized Connections:
- create, facilitate, or maintain any unauthorized connection to the Game(s), including but not limited to (1) any connection to an unauthorized server that attempts to emulate the Game(s) or (2) using software, programs, or specialized tools not permitted by Gaijin.
3.2.9. No Data Mining:
- mine or collect any data from the Game(s) that is not intended to be publicly displayed through normal gameplay, as intended by Gaijin.
3.2.10. Terms of Service Limitations. You must not use the Game(s) in any manner that violates the Terms of Service, including Sections 3 and 4 of this EULA. Some examples of prohibited use include, but are not limited to:
- use illegal or otherwise inappropriate usernames (or nicknames), such as those referencing terrorists, Nazi leaders, or war criminals;
- make available through the Game(s) any material or engaging in actions that infringe upon the rights of any third party (including individuals or legal entities) or committing any other violations of third-party rights;
- publish, distribute, or share content that includes nudity, sexual material, excessive violence, offensive content, or any other inappropriate material, or use the Game(s) for the purpose of sharing or promoting such content;
- post or distribute abusive, threatening, obscene, defamatory, libelous, or otherwise offensive information, including racial, sexual, or religiously inappropriate material, or use the Game to share, promote, or support such information.
3.3. This list is not exhaustive. For more information on prohibited actions and limitations on the use of Gaijin Service(s), including the Game(s), please refer to our Terms of Service.
4. PROPRIETARY RIGHTS AND DIGITAL RIGHTS MANAGEMENT
4.1. You acknowledge and agree that the computer code, visual images, sounds, systems, methods of operation, documentation, and other content within the Game(s) are the intellectual property and/or valuable trade secrets of Gaijin, its suppliers, and/or licensors. These elements are protected by intellectual property laws as well as civil and criminal laws.
4.2. You further understand that the Game(s) are a commercial product, and Gaijin retains sole discretion over their operation.
4.3. To safeguard against unauthorized use of the Game(s) and protect Gaijin’s intellectual property and related rights, Gaijin may employ various technical measures such as Digital Rights Management (DRM) tools and other protective solutions (anti-cheat solutions etc.). These measures are designed to prevent and detect unauthorized access, copying, or distribution of the Game(s). Additionally, Gaijin may implement these measures to ensure that you are using a legitimate copy of the Game(s) and to help maintain compliance with the Terms and Conditions. By using the Game(s), you acknowledge and agree to use such technical measures as necessary for these purposes.
5. DEMO ACCESS
From time to time, Gaijin may provide certain users, at its sole discretion, access to a specific Game(s) or a Gaijin Account to play the Game(s) for a limited period, as determined by Gaijin ("Demo Access"). This access is typically provided without charge, but Gaijin reserves the right to change the terms of such access at any time. Please note that Demo Access is intended for temporary use. Gaijin does not guarantee the preservation of your game progress, In-Game Items, or the transferability of any data from the Demo Account to a personal Gaijin Account.
6. IN-GAME ITEMS AND APPLICABLE FEES
6.1. Gaijin's Game(s) are generally distributed for free (unless stated otherwise by Gaijin or its distribution partners). Regardless of the distribution model (paid, free, or otherwise), Gaijin offers certain in-game content for purchase with real-world money. These items may include virtual currency (which can be used to buy other In-Game Items), downloadable content (DLC), characters, vehicles, weapons, skins, consumables, and other items designed to enhance your gameplay experience (collectively, “In-Game Items”). Such In-Game Items form an integral part of the Game(s), and the License covers their use with the same limitations as the Game(s) itself. In-Game Items purchased for one Gaijin Game(s) are typically incompatible with other Game(s) unless explicitly stated by Gaijin.
6.2. In-Game Items provided through Gaijin’s Service(s) are licensed, not sold. Specific In-Game Items may be subject to certain game mechanics or gameplay restrictions.
6.3. Any fees paid by you for In-Game Items (whether through in-game currency or real-world money) are non-refundable and cannot be exchanged for other In-Game Items unless:
- Gaijin explicitly permits a refund or exchange (e.g., trading virtual currency for another In-Game Item, as allowed by the Game(s));
- a refund or exchange is required under the Terms of Service;
- required by applicable law as a mandatory provision.
PLEASE NOTE: GAIJIN DOES NOT OFFER REFUNDS IN CASES SUCH AS ACCOUNT DELETION, EXPIRATION, LICENSE REVOCATION, OR ANY OTHER TERMINATION OF THIS EULA.
6.4. For more details on fees, charges, and billing associated with Gaijin Service(s) (including our store and marketplace), please refer to the Terms of Service, particularly Sections 6 and 7, which govern billing and other related matters.
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 (18 years old or the age of majority in your jurisdiction), please take into consideration that each Game also has its own 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 Game(s);
- Consult your parents or legal guardian whether you can play the Game(s);
- Take other actions as required by the laws of your country or jurisdiction.
IF YOU ARE UNDER 18 YEARS OLD (OR ANOTHER AGE THAT IS NECESSARY TO FULLY ACCEPT LEGALLY BINDING DOCUMENTS IN YOUR JURISDICTION), 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 the audiovisual content in the Game(s) may aggravate conditions such as epilepsy and other neurological disorders. If you have a history of such conditions, we strongly recommend that you consult with a doctor before playing our Game(s) or, if necessary, refrain from playing. Gaijin is not responsible for any direct or indirect consequences that may arise from playing the Game(s) in such circumstances.
8.2. You also acknowledge that prolonged gameplay can lead to excessive fatigue, which may contribute to certain health issues, including impaired vision, spinal problems, neuroses, and other health disorders. You are solely responsible for monitoring the time spent playing our Game(s), taking regular breaks to rest, maintaining a proper posture while playing, and implementing any other necessary precautions to protect your health.
8.3. Some of our Games include Virtual Reality (“VR”) features, which involve additional specific health and safety precautions. You must exercise due care at all times when using a VR headset and any related equipment or accessories (“VR Equipment”) while playing our Game(s) to ensure your safety and well-being.
BEFORE ENGAGING IN VR AND/OR USING VR EQUIPMENT WHILE PLAYING A GAME, YOU MUST CAREFULLY READ AND FOLLOW ALL SAFETY AND HEALTH PRECAUTIONS SET OUT BY GAIJIN BELOW, AS WELL AS THOSE PROVIDED BY THE MANUFACTURER OF YOUR VR EQUIPMENT. THESE MAY BE FOUND IN THE USER MANUAL, PACKAGING, WEBSITE, OR OTHER OFFICIAL SOURCES.
8.3.1. Please be aware that engaging in VR and/or using VR Equipment while playing our Game(s) involves significant risks. Failure to observe the necessary precautions—both those set by your VR Equipment’s manufacturer and those outlined below—may result in property damage, personal injury to yourself or others, and, in extremely rare cases, death.
8.3.2. You acknowledge that prolonged use of VR may lead to a range of adverse symptoms, including but not limited to:
- Motion sickness (e.g., dizziness, nausea, fatigue, eye discomfort, excessive sweating);
- Visual issues (e.g., eye strain, blurred vision, dry eyes, difficulty refocusing);
- Neurological symptoms (e.g., headaches, disorientation, impaired coordination);
- Muscular strain (e.g., neck strain, repetitive stress injury, back pain);
- Epileptic seizures;
- Sleep disturbances;
- Other related symptoms.
We strongly recommend that you stop playing immediately if you experience any of the above symptoms or feel unwell while engaging in VR and/or using VR Equipment.
8.3.3. We strongly advise against engaging in VR while under the influence of alcohol, drugs, or any medical substances. If you have a pre-existing medical condition that could be affected by VR use, we recommend consulting a qualified medical professional (e.g., your physician) before using VR Equipment.
8.3.4. You acknowledge that engaging in VR and/or using VR Equipment significantly reduces your awareness of your physical surroundings, and you may have difficulty hearing or seeing what is happening around you. To minimize the risk of injury or property damage, we strongly recommend preparing your play area in advance by ensuring ample space, removing any tripping hazards such as wires or toys, and avoiding use near balconies, windows, staircases, furniture, or any objects that could cause harm or be damaged during gameplay. Additionally, adjust your audio settings to a level that allows you to remain aware of your real-world environment.
8.3.5. 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, loss of business, contracts, revenue, data, information, or business interruption), under any theory of liability, arising from or related to your interaction with other people, objects, or your surroundings in your play area while engaging in VR and/or using VR Equipment to play a Game. You expressly acknowledge, assume, and accept all risks inherent in or associated with the use of VR and VR Equipment while playing a Game. While certain risks and mitigation measures have been outlined above, this list is not exhaustive. You further expressly waive any right to bring a claim or action against Gaijin arising from any harm or damage you may suffer due to failure to exercise reasonable care while engaging in VR and/or using VR Equipment.
YOU HEREBY RELEASE GAIJIN AND ITS AFFILIATES FROM ANY AND ALL LIABILITY RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF VR AND/OR VR EQUIPMENT.
9. SYSTEM AND TECHNICAL REQUIREMENTS
9.1. Please note that the technical requirements outlined below may change periodically, including updates to the same Game(s). Such changes are typically driven by updates or modifications made to the Game(s) by Gaijin, as detailed in Section 10 of this EULA. However, Gaijin reserves the right to modify these requirements for any Game(s) at its sole discretion.
9.1.1. Minimum Requirements. Each Game is designed to run on specific platforms (operating systems or devices). In some instances, a Game may have minimum technical requirements for your device (such as CPU, GPU, RAM, free storage, etc.), which Gaijin will provide on the Game(s)’ official Website(s), on its page on third-party gaming platforms, or through other means at Gaijin’s discretion. It is your responsibility to ensure that your platform meets these minimum requirements. Failure to meet these requirements may prevent the Game(s) from launching or functioning correctly, and Gaijin will not be held responsible for any related issues. You are solely responsible for ensuring that your device has sufficient resources, including free RAM, storage, CPU, and GPU capacity, to store and run the Game(s).
9.1.2. Recommended Requirements. For your convenience, Gaijin may publish recommended system requirements for optimal gameplay, relating to the technical parameters of your device. Please note that these recommended requirements are provided for informational purposes only and do not guarantee flawless performance or imply any warranties. To clarify, if a specific platform (whether a device or operating system) is listed as a “recommended requirement” for a Game(s), it means the Game(s) is designed to function optimally on that platform. The same applies to other “recommended requirements” evident from the context.
9.1.3. Internet Connection Requirement. Generally, Gaijin’s Game(s) require a stable, high-speed internet connection to function correctly and provide an enjoyable gaming experience. Please be aware that Gaijin is not responsible for any issues arising from the quality of your internet connection (including speed, reliability, server availability, or “ping”).
10. PATCHES, UPDATES, AND MODIFICATIONS
10.1. To provide the highest level of Service(s), enhance user experience, and ensure the efficiency of Gaijin’s Service(s) within the Game(s), we periodically need to patch, update, and modify our Game(s). These updates may be mandatory and/or automatic. As a result, older versions of the Game(s) may not launch or function appropriately until you update to the latest version.
10.2. Gaijin reserves the right to modify the software code of the Game(s) at any time at its sole discretion. These changes may impact various Game(s) aspects, including its functionality and content. For example, we may add or remove content, introduce new features, fix bugs or errors, or make balance adjustments.
10.3. Please note that some patches, updates, and modifications may require your device to meet higher technical requirements or increase the resources consumed by the Game(s). Failing to meet these new requirements could result in decreased performance, lower graphics quality, or any other reduced settings over time.
10.4. By accepting this EULA, you acknowledge and agree that refusal to update the Game(s) may render its continued use impossible. In such cases, this EULA shall be considered suspended until the Game(s) is updated.
11. LICENSE TERMINATION
11.1. Termination by User. You may terminate this EULA at any time by permanently ceasing to use our Game(s) and deleting them from your device.
11.2. Termination by Gaijin. Gaijin reserves the right to suspend or permanently terminate this EULA (which includes restricting your access to any of our Game(s)) under the following circumstances:
• You materially breach this EULA or the Terms and Conditions;
• You violate the Game Rules as outlined in the Game Rules;
• Your Gaijin account is suspended or deleted as per the Terms of Service;
• Gaijin ceases to operate or distribute the Game(s) or otherwise stops providing access to it, with reasonable prior notification;
• Any other grounds as specified by the Terms and Conditions.
11.3. In the event of the License termination as outlined in this section of the EULA, or for any other reasons provided in the Terms and Conditions, Gaijin will not have any future obligations or liabilities to you.
11.4. Termination by Gaijin will take effect immediately unless explicitly stated otherwise by Gaijin or required by applicable law.
11.5. License termination does not affect any obligations or liabilities of either party that have accrued before the termination.
PLEASE NOTE THAT TERMINATION OF THE TERMS AND CONDITIONS OR THE TERMS OF SERVICE, OR SUSPENDING THIS EULA, WILL RESULT IN THE IMMEDIATE TERMINATION/SUSPENSION OF YOUR LICENSE.
12. ADDITIONAL PLATFORM TERMS
Suppose you access the Game(s) through third-party platforms. In that case, you are solely responsible for ensuring that you use such platforms and any associated accounts (such as Apple App Store, PlayStation, or Xbox) in accordance with the applicable policies of those platforms. Please review the terms of the specific platforms listed below.
Please note that third-party platforms are not responsible for any breaches of this EULA or any omissions by Gaijin. This EULA does not modify any agreements you have with third-party platforms; their terms will always take precedence over this EULA regarding the use of those platforms and their intellectual property.
Gaijin will comply with the requirements set by third-party platforms to provide access to the Game(s) through those platforms. As a result, Gaijin may need to update this EULA to align with the requirements of third-party platforms.
12.1. Apple App Store Additional Terms
The following additional terms apply to Games available on Apple Inc. devices, such as the iPhone or iPad (“Apple”):
This EULA is between you and Gaijin, not Apple. Apple has no obligations under this EULA and is not responsible for any breaches of this EULA, including issues with the Game(s)’ functionality. The usage of the Game(s) provided via Apple is subject to the Apple Media Services Terms and Conditions or the Volume Content Terms, which take precedence over this EULA.
As Clause 1.3 of this EULA states, the license granted to you is non-transferable. It is limited to the right to store the Game(s) on Apple devices you own or control and to run and display the Game(s) solely on those devices, in accordance with the Usage Rules outlined in the Apple Media Services Terms and Conditions. This includes devices you do not own but are associated with you via Family Sharing, volume purchasing, or valid contracts.
Apple is not responsible for maintenance or support for the Game(s).
Gaijin is solely responsible for any warranties related to the Game(s), whether expressed or implied by law. Apple has no warranty obligations. If the Game(s) fails to meet any applicable warranty (express or implied), you may contact Apple for a refund of the Game(s)’ purchase price.
Apple is not responsible for handling any claims related to the Game(s), including but not limited to: (i) product liability claims; (ii) claims that the Game(s) does not meet legal or regulatory requirements; or (iii) claims under consumer protection or similar laws, including those related to the Game(s)’ use of HealthKit or HomeKit frameworks.
If any third-party claims that the Game(s) infringes upon their intellectual property rights, Gaijin will be solely responsible for investigating, defending, settling, and discharging such claims, as necessary under this EULA.
You represent that you are not located in any U.S. embargoed countries, nor are you on the U.S. Treasury Department's Specially Designated Nationals list, the U.S. Department of Commerce Denied Persons list, or the Entity List.
You agree that this EULA does not grant any rights or remedies to any party other than those involved in this agreement. However, Apple or its subsidiaries are considered third-party beneficiaries of this EULA and, upon your acceptance of this agreement, will have the right to enforce it against you as such.
12.2. Sony Additional License Terms
If you access and play the Game(s) on a PlayStation system, the following additional terms and conditions apply:
(a) For SIEA (Sony Interactive Entertainment America):
The purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service is sublicensed to you by Sony Interactive Entertainment America.
(b) For SIEE (Sony Interactive Entertainment Europe):
Any content purchased through an in-game store will be from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and subject to the PlayStation™ Network Terms of Service and User Agreement, available on the PlayStation™ Store.
Please review the usage rights for each purchase, as they may vary depending on the item.
Unless otherwise specified, content available in any in-game store will have the same age rating as the Game.
12.3. Microsoft Additional License Terms
If you play the Game(s) on the Xbox platform, the following additional terms and conditions apply:
You are subject to all policies that apply to Xbox use, including the Microsoft Services Agreement, which can be found at microsoft.com/en/servicesagreement.
Gaijin is the sole party responsible under this EULA. Microsoft and its affiliates are not licensors under this EULA and are not responsible for the Game(s) functioning or for compliance with any warranties. Therefore, no claims for damages regarding the Game(s) should be made to Microsoft or its affiliates.
Microsoft and its affiliates are not responsible for providing maintenance or support for the Game(s). Maintenance and support are Gaijin's exclusive responsibility.
In all cases, Microsoft's applicable agreements, including the Xbox Live terms, will take precedence over this EULA and govern your relationship with Microsoft or its affiliates, not this EULA.
Last updated: June 02, 2025