TERMS OF SERVICE
Effective Date: June 2, 2025
Last Updated: June 2, 2025
ATTENTION: IMPORTANT LEGAL NOTICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONSTITUTE A BINDING LEGAL AGREEMENT.
BY CLICKING “I AGREE,” REGISTERING FOR AN ACCOUNT, PURCHASING, OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND EXPRESSLY AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY (LOCATED AT [Link to Privacy Policy]), WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
Welcome to Xenova Interactive. These Terms of Service (“Terms”) define the legal relationship between you (“User,” “you,” or “your”) and XENOVA INTERACTIVE LLC (“XENOVA INTERACTIVE LLC,” “we,” “us,” or “our”). These Terms govern your access to and use of the website located at https://www.xenovainteractive.com (the “Site”) and all associated services, products, digital content, features, and applications made available by XENOVA INTERACTIVE LLC (collectively, the “Services”).
1. Acceptance of Terms
1.1. Binding Agreement. Your use of the Services signifies your unqualified acceptance of these Terms. If you do not agree to these Terms, you are not authorized to use the Services.
1.2. Modifications. XENOVA INTERACTIVE LLC reserves the exclusive right, at its sole discretion, to modify or revise these Terms at any time. We will notify you of such changes by updating the “Last Updated” date prominently displayed at the top of these Terms. Your continued use of the Services following the posting of any revised Terms constitutes your unconditional acceptance of those revisions. We strongly encourage you to review these Terms periodically to remain informed of the applicable terms and conditions governing your use of the Services.
2. Eligibility and Age Restrictions
2.1. Minimum Age. The Services are offered and available solely to users who are at least thirteen (13) years of age. By accessing or using the Services, you explicitly represent and warrant that you meet this age requirement.
2.2. Users Under 18. If you are under eighteen (18) years of age, you are permitted to use the Services only with the express consent and direct involvement of your parent or legal guardian. By allowing a minor to use the Services, a parent or guardian hereby agrees to be bound by these Terms on the minor’s behalf and assumes full responsibility for the minor’s compliance with these Terms.
3. Account Registration and Security
3.1. Account Creation. While limited browsing of the Site may be available without an Account, full access to the Services, including purchasing digital products or engaging with interactive features (e.g., submitting reviews), necessitates that you register for and maintain an active user account (“Account”).
3.2. Accurate Information. You covenant to provide accurate, current, and complete information during the Account registration process and to promptly update such information to maintain its accuracy, currency, and completeness. Any failure to provide or maintain accurate, current, and complete Account information may result in the immediate suspension or termination of your Account and access to the Services.
3.3. Account Confidentiality. You bear sole and exclusive responsibility for maintaining the confidentiality of your Account credentials (username and password) and for all activities that transpire under your Account, irrespective of whether such activities were authorized by you. You agree to immediately notify XENOVA INTERACTIVE LLC of any unauthorized use of your Account, any suspected breach of security, or any other unauthorized access to your Account. XENOVA INTERACTIVE LLC shall not be liable for any loss or damage arising from your failure to comply with this Section.
4. Purchases, Payment, and Pricing
4.1. Products and Services. XENOVA INTERACTIVE LLC facilitates the offering of digital downloads of video games, downloadable content (“DLC”), in-game currency, and other related digital content for various platforms (e.g., Windows, macOS, Android) through the Services.
4.2. Payment Terms. All purchases conducted via the Services are subject to these Terms and any specific terms applicable to the particular product or service. We accept various payment methods as indicated at checkout, including major credit/debit cards and other secure third-party payment processors. By initiating a purchase, you grant XENOVA INTERACTIVE LLC authorization to charge your selected payment method for all purchases made through your Account. All payments are securely processed by third-party payment gateways; XENOVA INTERACTIVE LLC does not store your full payment card details.
4.3. Pricing and Taxes. All prices for Services are presented in United States Dollars (USD) unless explicitly stated otherwise. XENOVA INTERACTIVE LLC reserves the right to adjust prices at any time prior to your completion of a purchase. You are exclusively responsible for all applicable sales, use, value-added, or other taxes, customs duties, or governmental fees associated with your purchases.
5. Refund Policy
5.1. Digital Goods – General. Given the inherent nature of digital products, all digital purchases made through the Services are generally considered final and non-refundable. Exceptions to this policy will only be granted where expressly mandated by applicable law (e.g., if a product is conclusively proven to be defective and XENOVA INTERACTIVE LLC is unable to provide a functional replacement or satisfactory fix within a reasonable timeframe).
5.2. Pre-Orders. You retain the right to cancel pre-orders for a full refund up to twenty-four (24) hours before the official release date of the product. No refunds will be issued for pre-orders after this stipulated cancellation window has closed or subsequent to the product’s official release and availability for download or access.
5.3. Contact Support. For inquiries regarding refunds or to submit a refund request, please direct your communication to our Support team at contact@xenovainteractive.com. All refund decisions are subject to XENOVA INTERACTIVE LLC’s sole discretion, consistent with applicable law.
6. Intellectual Property Rights and Licenses
6.1. XENOVA INTERACTIVE LLC Content Ownership. All content, features, and functionality available on or through the Services, including but not limited to text, graphics, logos, images, software, audio, video, trademarks, service marks, trade dress, and their selection and arrangement (“XENOVA INTERACTIVE LLC Content”), are the exclusive property of XENOVA INTERACTIVE LLC, its licensors, or other providers of such material. All such material is rigorously protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2. Limited License to Services. Subject to your strict and continuous compliance with these Terms, XENOVA INTERACTIVE LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site and XENOVA INTERACTIVE LLC Content exclusively for your personal, non-commercial purposes.
6.3. Game Licenses. When you acquire a digital game or other digital content (“Game Content”) through the Services, you are granted a personal, non-exclusive, non-transferable, non-sublicensable license from the respective game publisher or developer (“Game Publisher”) to download, install, and play that specific Game Content solely for your personal, non-commercial use, as provided by the Game Publisher. Your use of Game Content is invariably subject to the Game Publisher’s own end-user license agreement (EULA) or other terms, which you must accept prior to installing or playing the Game Content. XENOVA INTERACTIVE LLC is not a party to such EULAs between you and the Game Publisher. Compatibility and functionality of Game Content are the sole responsibility of the Game Publisher.
6.4. Restrictions. You expressly agree not to copy, modify, distribute, sell, rent, lease, sublicense, loan, reverse engineer, decompile, disassemble, adapt, publish, display, transmit, or create derivative works from any XENOVA INTERACTIVE LLC Content or Game Content, or otherwise exploit any portion of the Services or content without the explicit prior written consent of XENOVA INTERACTIVE LLC or the respective Game Publisher.
7. User Content
7.1. User Content Defined. “User Content” encompasses any content, including reviews, comments, suggestions, forum posts, profile information, or other materials, that you submit, post, upload, or transmit through the Services.
7.2. License Grant. By submitting User Content, you hereby grant XENOVA INTERACTIVE LLC a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in any media or format now known or hereafter developed, for any purpose whatsoever, without compensation or attribution to you.
7.3. Representations and Warranties. You represent and warrant that you own or possess all necessary licenses, rights, consents, and permissions to submit the User Content you provide; and that your User Content, and XENOVA INTERACTIVE LLC’s exercise of the license granted herein, does not and will not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or any other proprietary rights, or violate any applicable law or regulation.
7.4. Content Disclaimer. You understand and acknowledge that User Content is the sole responsibility of the individual who originated such content. XENOVA INTERACTIVE LLC does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content. You accept that by using the Services, you may be exposed to User Content that is offensive, harmful, inaccurate, or otherwise inappropriate.
7.5. Right to Monitor and Remove. XENOVA INTERACTIVE LLC reserves the right, but assumes no obligation, to monitor, remove, or modify any User Content at its sole discretion, including for violations of these Terms, without prior notice.
8. Prohibited Conduct
When accessing or using the Site and Services, you explicitly agree not to engage in any of the following prohibited activities:
Violating any applicable local, state, national, or international law, statute, ordinance, or regulation.
Posting or transmitting any unlawful, infringing, defamatory, libelous, obscene, pornographic, hateful, racially or ethnically objectionable, or otherwise inappropriate content.
Harassing, stalking, threatening, defaming, or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Attempting to gain unauthorized access to other user Accounts, the Services, or any computer systems or networks connected to the Services through hacking, password mining, or any other illicit means.
Using automated scripts, bots, spiders, crawlers, or any other automated means to access, scrape, harvest, or otherwise collect data from the Services without the express prior written permission from XENOVA INTERACTIVE LLC.
Interfering with, disrupting, or imposing an unreasonable burden on the security or performance of the Services or the servers or networks connected to the Services.
Introducing viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Using the Services for any commercial purpose not expressly authorized by XENOVA INTERACTIVE LLC in writing.
Circumventing, disabling, or otherwise interfering with security-related features of the Services or features that prevent or restrict use or copying of any content.
9. Third-Party Links and Services
The Services may contain links to third-party websites, applications, services, or content (“Third-Party Services”) that are not owned or controlled by XENOVA INTERACTIVE LLC. XENOVA INTERACTIVE LLC exercises no control over, and expressly assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Services. Your use of Third-Party Services is exclusively subject to their respective terms and conditions and privacy policies. XENOVA INTERACTIVE LLC does not endorse or make any representations about Third-Party Services. Your interactions with any third parties encountered through the Services are solely and exclusively between you and the third party, and XENOVA INTERACTIVE LLC shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such interactions.
10. Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XENOVA INTERACTIVE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
XENOVA INTERACTIVE LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. XENOVA INTERACTIVE LLC DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
ANY REFERENCES TO THIRD-PARTY PRODUCTS, SERVICES, OR CONTENT ARE MADE SOLELY FOR YOUR CONVENIENCE AND DO NOT IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION BY XENOVA INTERACTIVE LLC.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XENOVA INTERACTIVE LLC, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT XENOVA INTERACTIVE LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL XENOVA INTERACTIVE LLC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO XENOVA INTERACTIVE LLC FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless XENOVA INTERACTIVE LLC, its affiliates, licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services’ content, products, and services other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
13. Termination
13.1. By XENOVA INTERACTIVE LLC. We reserve the right to suspend or terminate your Account and/or access to all or any part of the Services at any time, with or without cause, and with or without notice, effective immediately. Such reasons may include, but are not limited to: (i) your breach of these Terms; (ii) engagement in fraudulent or illegal activities; (iii) requests by law enforcement or other government agencies; (iv) discontinuance or material modification to the Services; (v) unexpected technical or security issues; or (vi) extended periods of inactivity.
13.2. Effect of Termination. Upon any termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should reasonably survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.
14. Governing Law and Dispute Resolution
14.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
14.2. Informal Dispute Resolution. Before initiating any formal legal proceeding, you agree to first contact XENOVA INTERACTIVE LLC and attempt to resolve the dispute informally by sending a written notice (“Notice”) to contact@xenovainteractive.com. The Notice must thoroughly describe the nature and basis of the claim or dispute and explicitly set forth the specific relief sought. If we do not reach a mutually acceptable agreement to resolve the claim within sixty (60) days after the Notice is received, you or XENOVA INTERACTIVE LLC may then commence an arbitration proceeding.
14.3. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in San Francisco County, California, before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). Judgment on the Award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
14.4. Class Action Waiver. YOU AND XENOVA INTERACTIVE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and XENOVA INTERACTIVE LLC explicitly agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
15. Miscellaneous Provisions
15.1. Entire Agreement. These Terms, together with our Privacy Policy and any other legal notices published by XENOVA INTERACTIVE LLC on the Services, constitute the entire and exclusive agreement between you and XENOVA INTERACTIVE LLC concerning the Services, superseding any prior agreements, understandings, or communications (whether oral or written) between you and XENOVA INTERACTIVE LLC.
15.2. Severability. If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
15.3. Waiver. No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and XENOVA INTERACTIVE LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without XENOVA INTERACTIVE LLC’s prior written consent. Any attempted assignment or transfer by you without such consent will be null and void. XENOVA INTERACTIVE LLC may freely assign or transfer these Terms without restriction.
15.5. Force Majeure. XENOVA INTERACTIVE LLC shall not be liable for any failure or delay in performing its obligations hereunder where such failure or delay results from any cause beyond XENOVA INTERACTIVE LLC’s reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15.6. Unsolicited Ideas. XENOVA INTERACTIVE LLC does not accept or consider unsolicited ideas, including ideas for new products, technologies, processes, materials, or services. Please do not send any unsolicited ideas, suggestions, or other creative materials to XENOVA INTERACTIVE LLC through any means. Any such submissions will be treated as non-confidential and non-proprietary, and XENOVA INTERACTIVE LLC will be free to use them for any purpose whatsoever without compensation to you.
15.7. Headings. The headings used in these Terms are for convenience only and shall have no legal or contractual effect.
16. Contact Information
If you have any questions or concerns about these Terms of Service, please do not hesitate to contact us at:
XENOVA INTERACTIVE LLC.
contact@xenovainteractive.com
xenovainteractive@gmail.com