Legal documents

Gaijin Application Platform Terms

These Gaijin Application Platform Terms (the "Terms") govern the use of Gaijin Application Platform provided by Gaijin, meaning Gaijin Network Ltd or its affiliated companies ("Gaijin"). For more information about Gaijin, please read our Terms of Service.

These Terms and any Documentation (as defined below) incorporated by reference constitute one single agreement. All the provisions of these Terms apply in conjunction with the Terms of Service, and are unconditionally binding for each Developer. However, in the event of any conflict or inconsistency between these Terms and any Gaijin Terms and Conditions, these Terms shall prevail for your use of the Gaijin Application Platform.

THIS DOCUMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND GAIJIN. PLEASE READ IT CAREFULLY BEFORE USING THE GAIJIN APPLICATION PLATFORM. BY ACCESSING AND/OR USING THE GAIJIN APPLICATION PLATFORM SERVICES, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM SERVICES.

1. DEFINITIONS 

“Account” means a personal Gaijin account registered by the User or Authorized Users to use the services provided by Gaijin.

"Authorized Users" mean individuals such as Developer’s employees, consultants, contractors, End Users, and other individuals accessing and using the Platform Services under the Developer's authorization.

“Developer Data” means data on your End Users and other data collected, stored or otherwise processed with your Developer Software by your use of the Platform Services, including but not limited to text, sound, video, or image files.

"Documentation" means all technical specifications, instructions, manuals, user guides, or any other information provided by Gaijin, designed to help the Developer to utilize the Platform Services. This includes, but is not limited to resources available on the Platform GitHub page.

"Developer," "you," "your" or "yourself" mean the individual or the legal entity exercising rights under these Terms through their Account. 

"Developer Software" means software and related applications developed by you or on your behalf. This may include games, mobile applications, websites, and other digital services and related software.

"End Users" means final consumers who use or interact with the Developer Software (for example, players of your game).

"Intellectual Property Rights" means all known or hereafter existing intellectual property rights, including but is not limited to, trademarks, copyrights and related rights, rights of privacy and publicity, software rights, database rights, trade secret rights, patent rights and patentable inventions, design rights, algorithms, industrial property rights, know-how rights (whether or not patentable or protectable as a trade secret), and all other proprietary rights throughout the world. It also includes all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof in any jurisdiction.

"Platform" means the Gaijin Application Platform dashboard provided by Gaijin where Developers may access and administer features and functionality related to the Platform Services.

"Platform Services" means any application programming interface(s), development tools, and other related information, including, but not limited to, software, data, functions, features, code, instructions, and other features or services provided by Gaijin in connection with Gaijin Application Platform and designed to be embedded in or used with Developer Software.

For the purposes of these Terms, any capitalized terms not defined in this Section 1 shall have the meaning as defined in the Gaijin Terms of Service.

2. DEVELOPER ACCOUNT. ACCESS TO PLATFORM SERVICES

2.1. To gain access to the Platform, the Developer must have a valid registered Account with a license to the Platform Services according to Section 4 below.

2.2. You are solely responsible for your Account's security and confidentiality of the Account credentials. It is explicitly forbidden to share or permit others to utilize your Account.  If you become aware of an unauthorized use of your Account, you shall promptly notify Gaijin of such an incident. Any actions taken through your Account will be deemed as performed by you. For the avoidance of doubt, you are responsible for all activities conducted under your Account, regardless of whether such activities are authorized by you or undertaken by any other individual or entity.

2.3. You may grant access to Platform Services to Authorized Users in accordance with the associated Documentation. Authorized Users must have a valid registered Account to be able to use the Platform Services, and meet any other requirements that Gaijin may additionally set out in the Documentation. By adding other individuals to collaborate on the Developer Software as Authorized Users, you remain responsible for ensuring their compliance with these Terms. 

PLEASE NOTE THAT AUTHORIZED USERS ARE ACTING ON YOUR BEHALF, AND YOU REMAIN RESPONSIBLE FOR ANY AND ALL ACTIVITY OF SUCH AUTHORIZED USERS, NO MATTER WHETHER YOU CAN IDENTIFY THEM PERSONALLY OR NOT. IN THE EVENT OF A BREACH OF THESE TERMS BY ANY AUTHORIZED USER, YOU MAY BE RESTRICTED FROM USING THE PLATFORM SERVICES, AND/OR YOUR ACCOUNT MAY BE SUSPENDED OR DELETED.

2.4. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to these Terms, in which case the terms "you" or "Developer" shall refer to that entity.

3. USE OF PLATFORM SERVICES

3.1. General Rules

3.1.1. You may use the Platform Services only for the purpose of developing and operating the Developer Software. You are prohibited from using the Platform for resale or distribution of the Platform Services, or to create a service or product that competes with the Platform Services.

3.1.2. You will only exploit the Platform Services by means described in the Documentation. You agree not to (i) access the Platform Services by any means other than those provided by Gaijin, unless Gaijin allows you to do otherwise, or (ii) carry out any activity that might interfere with or disrupt the Platform Services or related servers and networks.

3.1.3. You agreeing and complying with these Terms should not conflict with any applicable laws or regulations. You must comply with all applicable laws and regulations while using the Platform Services, and refrain from deceptive or misleading trade practices towards the End Users, Gaijin or any third parties.

3.1.4. Gaijin reserves the right to terminate access to the Platform Services if we cannot provide the Platform Services anymore due to technical reasons (for example, if we can no longer support your Account when you are not using or not accessing the Platform Services for a long time and technical requirements for the access have changed significantly). We will proceed with this action only after providing a notice in advance.

3.1.5. You and your Authorized Users are expressly forbidden from using the Platform Services in the following ways:

  • engaging in any illegal activity, infringing on others' rights, attempting unauthorized access or disruption of any service, device, data, account, or network;
  • conducting activities that can cause any harm to the Platform Services or interfere with its use by other parties, including but not limited to spamming, distribution of malware, or in any application or situation where the failure of the Platform Services could lead to harm to a person or severe physical or environmental damage;
  • implementing the Platform Services into any Developer Software that: (i) contributes to fraudulent, obscene, pornographic, and/or illegal activities, including deceptive impersonation or activities involving the exploitation of minors, (ii) advocates, encourages, or facilitates the infringement of any third party's Intellectual Property Rights, (iii) adversely impacts the behavior of other applications or websites using the Platform Services, (iv) includes adult content, promotes gambling, involves the sale of tobacco or alcohol, or violates any applicable law or regulation;
  • utilizing the Platform Services to imply endorsement of any product or for political purposes, infringe on privacy rights, sponsor, or operate any contest, harass, or defame others, promote hatred towards any person or group of people;
  • misusing the Platform Services in a manner that disrupts, circumvents, or interferes with any part of the Gaijin Services, or promotes cheating;
  • using the Platform Services to distribute or transmit the Developer Data in any manner not authorized under these Terms.

3.1.6. Gaijin may, at its sole discretion, establish and enforce limitations on your use of the Platform Services (such as the number of requests to the Platform you can make or the number of End Users you may serve). Gaijin will notify you of any such changes in a timely manner. 

You agree to comply with these limitations and not to bypass them.  Any use of the Platform Services beyond these restrictions requires express written consent from Gaijin. Please note, Gaijin reserves the right to decline such requests or to require agreement to additional terms and/or charges for acceptance of such use.

3.2. Authentication Instruments

3.2.1. To access the Platform Services Developers shall use the Platform authorization instruments as described in Documentation, for example, API tokens (collectively - "Authorization Instruments") .

3.2.2. You are required to maintain the confidentiality of the Authentication Instruments utilized to access the Platform Services. If you disclose your Authentication Instruments to any third party, they may gain access to your Developer Data. We do not take responsibility for any actions with the Developer’s Software, your Account or otherwise, whether connected with the Platform or not, committed due to unauthorized use of your Authentication Instruments, as well as for any losses or harm resulting from their unauthorized use, whether fraudulently or otherwise. If you suspect unauthorized use of your Authentication Instruments, it is your responsibility to notify us immediately and take other actions to minimize adverse effect.

3.3. Use of Developer Data

3.3.1. Developer Data is being collected and otherwise processed while your use of the Platform Services and exploitation of your Developer Software. 

3.3.2. Gaijin uses your Developer Data exclusively to provide the Platform Services as per your provided instructions. Gaijin’s use of any personal data contained within the collected Developer Data is subject to the terms outlined in Section 9 (Data Processing).

3.3.3. Please note that Gaijin will not have direct access to the Developer Data within your Developer Software. However, as a processor, Gaijin may, when necessary, process Developer Data to ensure the proper functioning of the Platform and proper provision of the Platform Services to you under these Terms.

4. FEES AND CHARGES

4.1. To use the Platform Services offered by Gaijin you shall obtain a subscription license.

4.2. The cost, duration, applicable limits, and other details of the available subscription plans can be found at Gaijin.Net Store or another resource used by Gaijin to offer the Platform Services.

4.3. All matters regarding transactions made in Gaijin.Net Store or other resources offering the Platform Services, including but not limited to payment procedure, taxes, fees, erroneous transactions and refunds, are governed by Gaijin Store Policy.

5. LICENSE AND RESTRICTIONS

5.1. Proprietary Rights

5.1.1. Gaijin owns all Intellectual Property Rights related to thePlatform and the Platform Services. 

5.1.2. These Terms do not grant any right to use Gaijin’s trademarks or trade names. All such marks shall remain the property of their respective owner. Developers will refrain from any action or communication that can be incorrectly interpreted as a cooperation or partnership between Gaijin and Developer.

5.1.3. Except as provided in this Section 5, you retain your ownership rights in the Developer Software, and we own and will continue to own our Platform and Platform Services. All of our rights not expressly granted by these Terms are hereby retained.

5.2. License from Gaijin

5.2.1. Subject to the provisions of these Terms, Gaijin grants you a limited, non-sublicensable, revocable, non-exclusive, royalty-free, worldwide license to use the Platform and the Platform Services.

5.2.2. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform Services in the manner permitted by the Terms. Any unauthorized use is strictly prohibited. Please note that these Terms do not restrict you from monetizing the Developer Software. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to any of our Platform Services.

5.2.3. All rights granted to you under these Terms are granted by express license only and not by sale, and all of those rights are limited by these Terms. No license or other rights will be created by implication, estoppel, or otherwise.

5.2.4. You agree to refrain from and will ensure that no third party does the following: 

  • accessing the Platform Services except through the Platform or as explicitly authorized by Gaijin; 
  • duplicating, modifying, or creating derivative works from the Platform Services or attempting to retrieve the source code of the Platform Services, unless this is explicitly permitted or required by law, or has been specifically granted in writing by Gaijin; 
  • using the Platform Services in a manner that would expose the Platform Services to obligations under any open-source software license; 
  • using the Platform Services: (i) in violation of any applicable law or regulation; (ii) to disrupt the access of any third party to any of the Platform Services, whether intentional or not; (iii) to bypass technical restrictions on the usage, access, storage, or any function of the Platform Services; (iv) in an unreasonable manner considering the scope, nature, and content of your Developer Software (for example, performing a DDOS attack);
  • attempting to modify the Platform Services, or other software, operating systems, or configuration settings of other services through manipulation of the Developer Software without Gaijin’s informed and express written permission;
  • distributing, selling, transfering, or sublicensing the Platform Services or any of their part, or access to them, to any third party without explicit written consent from Gaijin.

5.3. License from Developer

5.3.1. You hereby grant Gaijin a non-exclusive, royalty-free, worldwide right and license to use and reproduce the Developer Software and the corresponding Data solely for the purpose of providing the Platform Services. 

5.3.2. If you provide Gaijin with any feedback about the Platform Services, you acknowledge that we are entitled to use that feedback without any obligation or compensation to you.

6. MODIFICATION, MAINTENANCE AND SUPPORT, TERMINATION OF PLATFORM SERVICES

6.1. Updates

You understand that Gaijin can make updates to the Platform Services at its sole discretion. It is your responsibility to use the most up-to-date version of the Platform Services and to adapt your Developer Software as required due to such changes, at your own expense. Such changes could impact how your Developer Software interacts with the Platform Services. 

6.2. Access and Use

We can modify or stop offering some or all of the Platform Services anytime, for any reason, and with or without a notice. You acknowledge and agree that we may remove features or start charging for features that were free before. We might also limit certain features and services or limit your access to some or all of the Platform Services. 

6.3. Maintenance & Support

Gaijin will make reasonable efforts to maintain the operability and functionality of the Platform Services and to correct any identified problems or errors. However, we do not provide personal support or other personalized services. At its own discretion, Gaijin may choose to offer you modifications or support for the Platform Services, but reserves the right to discontinue this support at any time without notice.

6.4. Suspension, Termination, and Cancellation

6.4.1. Gaijin reserves the right to suspend or terminate your access to the Platform Services in the following cases caused, either directly or indirectly, by an act or omission of the Developer or their Authorized Persons:

  • it is reasonably necessary to prevent unauthorized access to your Developer Data;
  • failure to fulfill your payment obligations under these Terms;
  • breach of any provisions of the Gaijin Terms and Conditions or these Terms;
  • infringement upon the rights of other users or third parties;
  • failure to cooperate in case of our security checks;
  • use of the Platform Services constitutes a potential security risk for Gaijin or any of our customers;
  • violation of the requirements and specifications provided in the Documentation;
  • other actions which may adversely affect the Platform, its users, Gaijin, or third parties.

6.4.2. In the event of a violation or breach as of  paragraph 6.4.1 above, Gaijin may: 

  • terminate or suspend access to the Platform Services for the Developer and/or any of the Authorized Users; 
  • restrict the functionality of the Platform Services provided to you; 
  • suspend or terminate the Developer's and/or Authorized User’s Account in severe cases of violations.

6.4.3. In case we apply any of the sanctions mentioned in paragraph 6.4.2 above, no refunds or compensation will be provided to you. Gaijin reserves the right to determine the necessary actions based on the severity and nature of the violation.

6.4.4. You may terminate these Terms at any time by sending a termination request to Gaijin. Please be informed that if you choose to deactivate your Account, you will consequently lose access to all Gaijin Services, including the Platform Services. Under no circumstances will termination of access to the Platform Services result in a refund for any payments made prior to the termination.

6.4.5. Upon termination, Gaijin will provide you with a reasonable opportunity to retrieve your Developer Data, considering the rights or freedoms of End Users, as well as rights, legal obligations and legitimate interests of other developers and Gaijin. Gaijin reserves the right to delete all your Developer Data in 30 days from the termination date. Your Developer Data cannot be recovered once it is deleted.

6.4.6. Gaijin will notify you by email if we suspend or terminate your access to the Platform Services, unless we believe, in our reasonable judgment, that providing this notice will create a risk of harm or fraud to other users or the Platform Services or other Gaijin’s services.

6.4.7. Please note that some of your obligations, such as those relating to privacy, data protection, and confidentiality, will continue even after these Terms are terminated.

7. CONFIDENTIALITY

7.1. Any communications between you and Gaijin, or any information provided to you through our Platform Services may contain confidential information. This includes all the information shared with or communicated to you that is not publicly known or readily accessible, including but not limited to: business and marketing plans, financial information, proprietary software and technology, customer and user data, any discussions and correspondences with or about Gaijin and our services, or any other information would be reasonably understood to be confidential.

7.2. You agree not to disclose any confidential information to any third party without the prior written consent from Gaijin. 

7.3. Confidential information does not include information that you have developed independently, that was rightfully shared with you by a third party without any confidentiality obligations, or that became public knowledge through no fault of your own. 

7.4. If you are legally obliged to disclose Gaijin's confidential information, you have to provide us with reasonable prior notice, unless a court order prohibits such a notice.

8. SECURITY 

8.1. Your networks, operating system, and software of your web servers, databases, routers, and computer systems (jointly, the "Developer System") need to be configured according to industry standards. This is necessary to ensure the secure operation of your Developer Software and to protect against unauthorized access, disclosure, or use of any information you receive from End Users.

8.2. If you do not have full control over any part of the Developer System, you should use all influence at your disposal to enhance its security.

8.3. It is your responsibility to promptly rectify any identified security deficiencies. Moreover, in case of any known or suspected unauthorized access or intrusion, immediate disconnection is required.

9. DATA PROCESSING

9.1. Definitions and Applicability

The terms of this section, also referred to as the "Data Protection Terms", apply to the extent that the Developer Data you receive while using the Platform Services, and includes the information related to an identified or identifiable individual and is subject to the General Data Protection Regulation ("GDPR") or other relevant data protection laws (collectively – "Data Protection Legislation"). These Data Protection Terms constitute an integral part of the Terms.

The terms used in these Data Protection Terms and not specifically defined here, including "personal data", "personal data breach", "processing", "controller", "processor", "sub-processor", and "data subject" should be interpreted as defined in Article 4 of the GDPR. 

These Data Protection Terms do not apply where Gaijin is the controller of personal data from its customers. In such a case Gaijin Privacy Policy applies.

FOR THE PURPOSES OF THESE DATA PROTECTION TERMS, IT IS AGREED THAT THE DEVELOPER IS THE CONTROLLER AND GAIJIN IS THE PROCESSOR ACTING ON BEHALF OF THE DEVELOPER IN RELATION TO THE DEVELOPER PERSONAL DATA.

9.2. Compliance with the GDPR and other applicable Data Protection Legislation for the Processing of Personal Data

Gaijin and the Developer both agree to comply with the applicable Data Protection Legislation. The Developer is the controller of personal data, and Gaijin processes Personal Data only as a processor on behalf of the Developer. However, when the Developer acts as a processor of personal data, Gaijin takes the role of a sub-processor. 

Gaijin will process personal data based on the instructions from the Developer. The Developer confirms that these instructions are fully detailed in these Terms.

Both Gaijin and the Developer will always follow the Data Protection Legislation and will inform each other quickly if there is any data breach or violation of obligations under the Data Protection Legislation that affects the personal data. The party responsible for the breach will cover all costs, expenses, liabilities, losses, damages, and judgments that the other party reasonably incurs because of the failure to follow the Data Protection Legislation. The Developer undertakes to provide all required notices to and obtain all necessary consents from data subjects to allow personal data processing in compliance with the applicable Data Protection Legislation.

9.3. Processing of Personal Data 

Both the Developer and Gaijin acknowledge and agree that: 

  • the purpose of processing is to provide Platform Services according to the documented instructions set out in these Terms; 
  • the data being processed includes only personal data that falls under the GDPR or other applicable Data Protection Legislation; 
  • the processing will last as long as your right to use the Platform Services, and will end once all personal data is deleted; 
  • the personal data types processed by the Platform Services are those specifically mentioned in Article 4 of the GDPR or as outlined in other relevant Data Protection Legislation; 
  • the categories of data subjects include the Developer, Authorized Users and End Users; 
  • Gaijin will only process and transfer personal data following these documented instructions, unless obliged to do otherwise by laws of the European Union or its Member States, or other applicable regulatory authority which Gaijin is subject to. In such a case, Gaijin will inform you about this legal requirement before processing (unless that law prohibits such information on important grounds of public interest);
  • Gaijin will ensure that any person it authorizes to process personal data has agreed to protect data in accordance with Gaijin's processing obligations as set out in these Data Protection Terms.

9.4. Assistance with End User Requests 

Gaijin is committed to supporting the Developer in managing the requests regarding the personal data of End Users. As part of this commitment, Gaijin will comply with the reasonable requests of the Developer to assist in responding to End Users’ requests. 

The Developer is responsible for responding to data subject requests from End Users. If Gaijin directly receives a request from an End User to exercise any of its data subject rights in relation to the Developer Software for which Gaijin is a data processor or sub-processor, Gaijin will redirect the End User to make the request directly to the Developer. 

9.5. Record Keeping and Support 

Gaijin will keep all necessary records as demanded by the GDPR or any other relevant Data Protection Legislation. These records relate directly to the personal data processed on behalf of the Developer and will be shared with the Developer upon request. Gaijin is dedicated to providing the Developers with the required assistance in meeting their obligations under the GDPR or other applicable Data Protection Legislation so that the Developer can meet their data protection responsibilities effectively while using the Platform Services.

9.6. Data Security & Personal Data Breach 

As a data processor, Gaijin shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, in accordance with Article 32 of the GDPR. These measures shall include at least measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. Gaijin is responsible for assessing the appropriateness of the measures and for ensuring that they comply with the applicable Data Protection Legislation.

Gaijin will regularly monitor compliance with these measures. Gaijin's personnel with access to personal data are obliged to comply with these security measures. Gaijin will ensure that such personnel have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

In case of a personal data security incident, Gaijin will promptly notify the Developer of any actual or suspected unauthorized access to the personal data. Such notifications will describe the nature of the breach, the data affected, the impact on the Platform Services, and any measures taken by Gaijin to address the breach. Gaijin will cooperate with the Developer and take reasonable commercial steps to assist in the investigation, mitigation, and remediation of each such personal data security incident.

Upon the Developer's reasonable request, and subject to the confidentiality obligations outlined in the Terms, Gaijin shall make available to the Developer all relevant information necessary to demonstrate compliance with the obligations set out in these Data Protection Terms. Gaijin shall also permit, and contribute to, audits conducted by the Developer, or a third-party auditor appointed by the Developer.

9.7. Sub-processors 

Gaijin has the Developer’s general authorization to engage third-party service providers and affiliates to perform specific services on its behalf within provision of the Platform Services. 

Gaijin remains liable for ensuring that its sub-processors comply with the obligations under these Data Protection Terms.  Gaijin will ensure that the sub-processors are bound by written contracts that oblige them to maintain a level of data protection equival to the level required by Gaijin under these Data Protection Terms.

9.8. Transfer of Personal Data 

You must have an appropriate transfer mechanism in place for a transfer of personal data to a third country or an international organization where it is necessary under the GDPR or other applicable Data Protection Legislation. All transfers of personal data to a third country or an international organization will be subject to appropriate safeguards as described in the GDPR or Data Protection Legislation, and such transfers and safeguards will be documented according to such laws. 

9.9. Supplementation and Term 

Gaijin may modify or supplement these Data Protection Terms if (i) it is required to do so by a supervisory authority or other government or regulatory entity, (ii) if necessary to comply with applicable law, or (iii) to adhere to an approved code of conduct or certification mechanism approved or certified pursuant to Articles 40, 42 and 43 of the GDPR. 

10. DISCLAIMERS

10.1. The aggregate liability of Gaijin for all claims under these Terms is limited to direct damages up to the amount paid by you under these Terms for the Platform Services.

NEITHER PARTY WILL BE LIABLE FOR LOSS OF REVENUE OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, EVEN IF THE PARTY KNEW THEY WERE POSSIBLE OR REASONABLY FORESEEABLE. THE LIMITS OF LIABILITY IN THIS PARAGRAPH 10.1 APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF PLATFORM SERVICES IS AT YOUR SOLE RISK AND THAT THE PLATFORM SERVICES, AND ANY SUPPORT SERVICES PROVIDED, ARE PROVIDED ON THE "AS IS", "AS AVAILABLE", AND "AS MODIFIED FROM TIME TO TIME" BASIS.

GAIJIN AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PLATFORM SERVICES AND ANY SUPPORT SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GAIJIN AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE PLATFORM SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE PLATFORM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; AND (III) USAGE DATA PROVIDED THROUGH THE PLATFORM SERVICES WILL BE ACCURATE.

10.3. Gaijin reserves the right to change the scope of the Platform Services at any time. This means that we may not only add new Platform Services, but also cease the existing ones. In case of ceasing a particular Platform Service used by a Developer, Gaijin will take commercially and technically reasonable actions and provide assistance to the Developer to withdraw or transfer from this Platform Service. 

11. MISCELLANEOUS

11.1. These Terms shall be governed by, construed, and enforced in accordance with the laws of the Republic of Cyprus without reference to conflicts of law rules and principles. The parties to these Terms will seek to resolve without litigation all future disputes and/or claims which may arise between them relating to these Terms. If such settlement is not possible, the dispute shall be submitted for further consideration to the competent court of the Republic of Cyprus. 

11.2. These Terms are the entire agreement between you and Gaijin. It supersedes any other prior agreements, proposals, communications, or advertising, oral or written, concerning the Platform Services or the subject matter of these Terms. Suppose any provision of these Terms is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part. In that case, such provision will be otherwise construed so that it becomes legal and enforceable, remaining, however, as close to the original text as possible. The entire Terms will not fail on account thereof, and the balance of the Terms will continue in full force and effect to the fullest extent permitted by law. No waiver of any breach of any provisions of these Terms will constitute a waiver of any prior, concurrent, or subsequent violation, and no waiver will be effective unless expressly made in writing. 

11.3. In all other aspects regarding the subject matter of these Terms that are not specified by these Terms, including but not limited to the prevailing language version, assignability, and severability, the relevant provisions of Terms of Service shall apply to this Agreement.

Last updated: 25.08.2023