TERMS OF SERVICE

Last updated June 30, 2026

AGREEMENT TO TERMS

These Terms of Service constitute a legally binding
agreement made between you, whether personally or on behalf of an entity
(“you”) and Xstar Gaming Pty Ltd (ACN 642
348 785), trading as Xstar Gaming (ABN 70 642
348 785) (“Company“, “we“, “us“, or
“our“), concerning your access to and use of the Xstar
Gaming products and services on the web, mobile or any other application
platforms and/or devices, linked, or otherwise connected thereto (collectively,
the “Service” or “Services”).

 • Agreement to Terms: By using the service, you confirm that you have read, understood, and agree to be bound by the Terms of Service. If you disagree, you should not use or purchase the services.

 • Modifications to Terms: The company can update or change the Terms of Service at any time. You will be notified of changes by an updated “Last updated” date, and it’s your responsibility to regularly check for updates. Continued use of the service means you accept the revised terms.

 • Jurisdictional Compliance: The service may not be available in all jurisdictions. If you access it from a location where it violates local laws or regulations, you are responsible for complying with those laws.

INTELLECTUAL PROPERTY RIGHTS

 • Ownership of Content and Marks: The content (including code, databases, software, designs, audio, video, text, photos, etc.) and trademarks or logos on the service are owned or licensed by the company and are protected by intellectual property laws, including copyright and trademark laws in Australia and internationally.

 • Usage Restrictions: The content and trademarks are provided “as is” for personal use only. Users are not allowed to copy, reproduce, distribute, or exploit the content or marks for commercial purposes without prior written permission from the company.

 • Limited License: If you are eligible to use the service, you are granted a limited license to access and use the service for personal, non-commercial use only. All rights not expressly granted to you are reserved by the company.

USER REPRESENTATIONS

By using the Service, you represent and warrant that:
 (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Service for any illegal or unauthorized purpose; and (5) your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

PROHIBITED ACTIVITIES

 • General Restrictions: The service must not be used for any purpose other than its intended use. Commercial use is prohibited unless explicitly approved by the company.

 • Specific Prohibited Activities:

  1. Collecting data or content from the service without permission.

  2. Misleading or deceiving users or the company, especially to obtain sensitive information.

  3. Interfering with security features or content restrictions.

  4. Damaging the company’s reputation or service.

  5. Using information to harass or harm others.

  6. Misusing support services or making false reports.

  7. Using the service in violation of any laws or regulations.

  8. Advertising or offering goods and services without authorization.

  9. Engaging in unauthorized linking or framing of the service.

  10. Uploading harmful content like viruses or spam.

  11. Automating system usage through scripts, bots, or data mining tools.

  12. Removing proprietary rights notices from content.

  13. Impersonating other users.

  14. Selling or transferring accounts.

  15. Uploading materials that collect or transmit information without consent (e.g., spyware).

  16. Disrupting or overloading the service or its networks.

  17. Harassing employees or agents of the company.

  18. Attempting to bypass access restrictions.

  19. Copying or adapting the service’s software.

  20. Reverse engineering the service’s software.

  21. Using automated tools (e.g., bots or scrapers) to access the service.

  22. Using buying agents for purchases on the service.

  23. Collecting user information for unsolicited emails or creating fake accounts.

  24. Using the service to compete with the company or for commercial gain.

USER GENERATED CONTRIBUTIONS

• Contributions: The service may allow you to create and share content (e.g., text, videos, photos) through features like blogs, forums, and message boards. These contributions may be visible to other users or third-party sites.

• User Representations and Warranties for Contributions: By submitting contributions, you confirm that:

  1. Your contributions do not infringe any third-party intellectual property rights.

  2. You have the necessary rights, licenses, and permissions to share your contributions and allow others to use them.

  3. You have consent from any identifiable individuals in your contributions to use their name or likeness.

  4. Your contributions are truthful and not misleading.

  5. Your contributions do not include unauthorized advertisements, spam, or solicitation.

  6. Your contributions are not obscene, violent, harassing, or offensive.

  7. Your contributions do not promote violence or harm.

  8. Your contributions comply with all relevant laws, including privacy and child protection laws.

  9. Your contributions do not violate any terms of service or legal regulations.

 • Consequences for Violating Terms: Violating these rules may result in suspension or termination of your access to the service.

CONTRIBUTION LICENSE

By posting your contributions to the service, you grant the company a worldwide, unrestricted, irrevocable, royalty-free license to use, copy, publish, distribute, and create derivative works from your contributions (including your image and voice) for any purpose, including commercial and advertising purposes. This license covers any media format or technology now or in the future and includes the right to sublicense your contributions.

You retain full ownership of your contributions and any intellectual property rights. The company does not claim ownership of your contributions.

You are responsible for your contributions and agree to hold the company harmless for any claims related to your content. The company is not liable for statements in your contributions.  

The company has the right to edit, delete, or re-categorize your contributions at its discretion. They also have the right to pre-screen or remove content at any time, for any reason, without notice. The company is not obligated to monitor your contributions.

SUBSCRIPTION ACCESS TO PREMIUM CONTENT

GAME CURRENCIES AND GOODS

 • Virtual Items: The service offers virtual items (e.g., in-game currency, boosters, avatar items), which can be earned or purchased, but there’s no obligation to make purchases. These items only exist within the service and can’t be exchanged for real money, goods, or services. Users don’t own these items but are granted a limited, revocable license to use them.

 • Non-transferable: Virtual currency cannot be transferred, sold, or exchanged between users, and any balance doesn’t represent actual monetary value.

 • Company’s Rights: The company can change, regulate, or remove virtual items without notice or liability to users.

 • No Compensation for Loss: The company is not liable for any “loss” or “damage” to virtual items, including if they’re lost due to account suspension or termination.

 • Account Deletion: If your account is deleted (e.g., through a privacy request), you will lose all virtual items permanently, with no refund or compensation.

MOBILE APPLICATION LICENSE

License Grant: If you access the Service via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. You shall not:

  1. Decompiling, reverse engineering, or attempting to derive the app’s source code.

  2. Modifying, translating, or creating derivative works from the app.

  3. Violating any applicable laws while using the app.

  4. Removing or altering proprietary notices like copyrights or trademarks.

  5. Using the app for commercial or revenue-generating purposes.

  6. Making the app available for use by multiple devices or users at the same time.

  7. Creating competing products or services based on the app.

  8. Using the app for sending automated queries or unsolicited emails.

  9. Using the app’s intellectual property in the creation or distribution of other applications or devices.

Apple and Android Devices

 • License Terms: When using a mobile app from the Apple App Store or Google Play, you are granted a non-transferable license to use the app on a device with the applicable operating system (iOS or Android) and must follow the usage rules of the app store.

 • Maintenance and Support: The company is responsible for providing maintenance and support for the app, while the app store (Apple or Google) is not obligated to provide such services.

 • Warranty and Refund: If the app fails to meet any warranty, you can contact the app store for a refund, but the app store has no other warranty obligations beyond that.

 • Representations and Warranties: You confirm that you are not in a country subject to U.S. government embargoes or listed as a “terrorist-supporting” country and that you are not on any U.S. government restricted party list.

 • Third-Party Agreements: You must comply with third-party terms, such as those from wireless data service providers, when using the app.

 • App Store as a Third-Party Beneficiary: Apple and Google (the app stores) are considered third-party beneficiaries of this license and have the right to enforce the terms against you.

SUBMISSIONS

By submitting any feedback or ideas to the service, you agree that they become the company’s property. The company can use and distribute your submissions for any purpose, without compensating you. You also waive any moral rights and confirm that your submissions are original or that you have the right to share them. You cannot bring any legal claims against the company regarding your submissions.

THIRD-PARTY WEBSITE AND CONTENT

 • Links to Third-Party Websites: The service may contain links to external websites (“Third-Party Websites”) and content from third parties (“Third-Party Content”). These are not monitored or verified for accuracy, and the company is not responsible for their content, including their reliability, privacy practices, or any potential offensive material.

 • No Endorsement: Including links to or content from third parties does not imply the company’s approval or endorsement.

 • Use at Your Own Risk: If you access third-party websites or content, you do so at your own risk. The company’s Terms of Service no longer apply once you leave the service, and you should review the terms and privacy policies of the third-party sites.

 • Purchases Through Third-Party Websites: Any purchases made on third-party websites are solely between you and the third party. The company is not responsible for these transactions or the products and services offered on those sites.

 • Hold Harmless: You agree to hold the company harmless for any harm or loss caused by your interaction with third-party content or websites.

SERVICE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

PRIVACY POLICY

We care about data privacy and security. Please review
our Privacy Policy. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Service is hosted in the United States.
If you access the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in United States, then through your continued use of the Service, you are transferring your data to United States, and you agree to have your data transferred to and processed in United States.

TERM AND TERMINATION

 • Service Access: While you’re using the service, these terms apply. We have the right to deny or block access to the service at any time, for any reason, or even for no reason at all. This includes blocking IP addresses. This could happen if you violate the terms, break any laws, or for any other reason we choose.

 • Account Termination: We can also cancel your account or remove any content you’ve posted, at any time and without warning, for any reason.

 • Prohibited Actions After Suspension: If your account is suspended or terminated, you cannot create a new account, whether under your own name, a fake name, or someone else’s name.

 • Legal Action: If necessary, we may take legal action against you, including civil, criminal, or other legal steps.

MODIFICATIONS AND INTERRUPTIONS

 • Service Modifications: The company reserves the right to change, modify, or remove content from the service at any time, without notice. This includes the right to discontinue or modify parts of the service. The company is not liable for any changes, price adjustments, suspensions, or discontinuation of the service.

 • Service Availability: The company cannot guarantee that the service will always be available. Maintenance, technical issues, or other problems may cause interruptions. The company is not liable for any loss, damage, or inconvenience resulting from downtime or inability to access the service.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of New South Wales, Australia. Xstar Gaming and yourself irrevocably consent that the courts of New South Wales shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

CORRECTIONS

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

DISCLAIMER

 • “As-Is” Service: The service is provided as-is, meaning we don’t make any promises about its performance. You use it at your own risk. We don’t guarantee things like the quality or suitability of the service.

 • No Guarantees on Accuracy: We don’t guarantee that the service’s content (or linked content) is accurate, complete, or error-free. We’re not responsible for things like:

  • Mistakes or errors in the content

  • Personal injury or damage resulting from using the service

  • Unauthorized access to personal or financial information

  • Service interruptions

  • Bugs or viruses

  • Any loss or damage caused by using the content

 • Third-Party Products and Services: We don’t guarantee any products or services advertised or linked to through the service. Be cautious when dealing with third parties.

LIMITATIONS OF LIABILITY

 • Limited Responsibility: We and our team won’t be responsible for any kind of damages, including loss of data, profit, or revenue, that occur from using the service, even if we’ve been warned about the possibility of these issues.

 • Liability Cap: Our maximum liability to you is limited to either the amount you’ve paid us in the past 3 months or $10 USD (whichever is lower). Some laws may give you more rights, so this limit might not apply to you.

 • Apple Purchases: If you bought the service through the Apple App Store and there’s an issue with it, Apple can refund your purchase. However, Apple won’t be responsible for other issues, and we’ll handle those according to our terms.

 • Australian Consumer Law: If you’re in Australia, this doesn’t affect your rights under local consumer laws.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Service. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

Xstar Gaming PTY LTD
PO Box 3277
LIVERPOOL WESTFIELD, New South Wales 2170
Australia

support@xstargaming.com