Published: 02.10.2024
THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGALLY BINDING CONTRACT BETWEEN YOU ("USER") AND PIXEL TECHNOLOGIES - FZCO ("PUBLISHER"), A COMPANY REGISTERED AND OPERATING UNDER THE LAWS OF THE UNITED ARAB EMIRATES (REGISTRATION NUMBER: DSO-FZCO-24339). THIS AGREEMENT SPECIFIES THE TERMS OF USE FOR THE ONLINE FREE MULTIPLAYER GAMES PROVIDED BY THE PUBLISHER AS A REGIONAL DISTRIBUTOR, INCLUDING BUT NOT LIMITED TO WAR THUNDER VIDEOGAME ("GAME").
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, OR LAUNCHING THE GAME, AS WELL AS PURCHASING IN-GAME GOODS AND SERVICES, YOU ACCEPT THE TERMS OF THIS AGREEMENT, THE PUBLISHER’S PRIVACY POLICY AVAILABLE AT HTTPS://PIXELTECHNOLOGIES.IO/PRIVACYPOLICY, AND ANY APPLICABLE GAME-RELATED RULES AND POLICIES. IF YOU DO NOT AGREE TO THESE TERMS, THE PRIVACY POLICY, OR THE RELATED RULES AND DOCUMENTS, YOU ARE NOT PERMITTED TO USE THE GAME.
THIS AGREEMENT APPLIES TO ALL VERSIONS OF THE GAME IN THE VERSION USED BY THE USER, INCLUDING ALL FUTURE VERSIONS AND UPDATES, UNLESS A SEPARATE AGREEMENT IS REQUIRED TO USE SUCH A VERSION.
UNLESS STATED OTHERWISE, ALL TERMS MENTIONED IN THE SINGULAR FORM IN THIS AGREEMENT APPLY TO THE SAME TERMS IN THE PLURAL FORM, AND VICE VERSA.
1. GAME ACCESS RULES
1.1. You may become a User if you are at least 18 years old, or the minimum age required by the laws of your country of residence, at the time you accept this Agreement. You must also have a valid account that allows you to access the Game, use it, and store information such as in-game items, currency, and other data ("Account"). Third-party platforms involved in the Game distribution may have specific rules for creating, using, and deleting an Account specified in their legal documents.
1.2. The Game is not intended for use by individuals whose participation in the Game is prohibited or restricted by applicable law or this Agreement. Additionally, the Game is not intended for use by individuals whose Accounts have been blocked, deleted, or disabled for any reason. Using the Game in violation of these restrictions may result in blocking access to the Game or deletion/suspending of the Account.
1.3. If the User is a minor according to the laws of their country of residence, they must obtain the consent of their parents or guardians to use the Game and to accept this Agreement, the privacy policy, and other applicable rules and policies.
1.4. The Game may contain links to third-party websites, services, or resources not controlled or endorsed by the Publisher. You agree that the Publisher is not responsible for the availability, content, or accuracy of such sites, services, or resources. Use of these services or resources is at your own risk.
1.5. Users are responsible for keeping their Account credentials confidential and preventing unauthorized access. Any actions taken in the Game under your Account are considered to be done by you. The User is solely responsible for all activities on their Account, whether authorized or not.
2. LIMITED LICENSE
2.1. Provided that you comply with the provisions of this Agreement, the Publisher grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Game and its additional functionality (see Section 3 of this Agreement) solely for personal, non-commercial purposes, in the following ways:
2.1.1. Participate in the Game and modify the content of the Game during such participation in compliance with the Game Rules;
2.1.2. Reproduce the client part of the Game by installing it on your personal computer for the purpose of participating in the Game;
2.1.3. Use the additional functionality of the Game (Non-activated Data and Commands) in accordance with this Agreement, provided that you pay for the corresponding right;
2.1.4. Use the Game only within the framework of its normal functioning, without exceeding the limits set by the developer or the basic game mechanics. "Normal functioning " means operating the Game based on its client part as intended by the developer or basic game mechanics.
2.2. You are prohibited from:
2.2.1. Copying, modifying, distributing, selling, leasing, sublicensing, or otherwise transferring the Game or its elements;
2.2.2. Using the Game or its parts to create derivative works;
2.2.3. Decompiling, reverse engineering, or otherwise extracting the source code of the Game;
2.2.4. Deleting, modifying, or concealing any copyright notices, trademarks, or other legal notices contained in the Game;
2.2.5. Using the Game for any illegal or prohibited purposes, including:

• Employing cheat programs, bots, modifications, hacks, trainers, automated programs, scripts, or any other third-party software intended to alter gameplay, bypass technical protection measures, gain unauthorized access to the Game's functionality, automate game processes, or gain an advantage over other players;
• Exploiting software bugs or vulnerabilities in the Game for personal gain or sharing such information with third parties;
• Performing actions aimed at disrupting the stable operation of the Game, its servers, or network infrastructure;
• Gaining unauthorized access to other users' accounts or attempting to obtain such data.

2.3. You agree that the Publisher does not transfer any intellectual property or other proprietary rights to you regarding the Game, except for the limited license granted in this section.
2.4. The Publisher reserves the right, at its sole discretion and without prior notice, to suspend or revoke the license granted to you to use the Game or its elements at any time and for any reason, including violations of this Agreement or any applicable laws.
2.5. In the event of termination of this Agreement for any reason, all limited licenses and rights granted to you to use the Game—including Non-activated Data and Commands (as defined in Section 3 below)—will also terminate, regardless of the platform or provider from which they were acquired. Under no circumstances is the Publisher obligated to provide compensation or refunds for funds paid for non-activated elements of the Game.
2.6. The Publisher reserves the right to determine the territory within which the rights to use the Game are granted under this Agreement.
Unless explicitly specified otherwise by the Publisher for a specific Game, the territory includes Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, and Uzbekistan.
2.7. When using the Game, you are required to comply with the Game Rules outlined in Annex No. 1 of this Agreement.
3. TERMS OF USE FOR NON-ACTIVATED DATA AND COMMANDS
3.1. The Game may offer additional paid functionality—such as in-game items, in-game currency, premium accounts, and others—that simplifies gameplay by providing additional advantages, elements, and capabilities and also expands the Game's functionality (the "Non-activated Data and Commands"). The purchase and payment for the rights to use the Non-activated Data and Commands are not necessary conditions for participating in the Game or obtaining the rights to use the Game as a whole. The rights to use the Non-activated Data and Commands are provided at your request and discretion. The Non-activated Data and Commands are integral part of the Game, are not a separate computer program, and the rights to its use can be exercised by you only in connection with the use of the Game. Rights to Non-activated Data and Commands are available for use exclusively within the Game and cannot be transferred or sold outside the Game.
3.2. Users can acquire Non-activated Data and Commands from the Publisher directly or through digital distribution platforms, partner services, or third-party platforms. Any purchases through third-party platforms such as app stores are subject to the platform’s terms and refund policies.
3.3. You agree that the Publisher has the right to change the terms and conditions for providing Non-activated Data and Commands.
3.4. In some Games, in-game currency may be awarded to the User without a fee for performing specific actions within the Game (for example, reaching a new level or completing Game tasks).
3.5. You agree to use the Non-activated Data and Commands only in accordance with this Agreement and applicable law. You may not sell, transfer, exchange, or use the Non-activated Data and Commands for illegal or prohibited purposes.
3.6. You may purchase Non-activated Data and Commands using real money and other payment methods (if provided by the functionality of the respective Game). Once the Publisher receives payment confirmation from the system, the Non-activated Data and Commands are considered purchased. All sales are final, and the items cannot be refunded, exchanged, or transferred.
3.7. The price of some Non-activated Data and Commands, including in-game items, may be indicated in virtual in-game currency. Please note that such virtual currency, consisting of software code and audiovisual elements integrated into the Game, does not constitute real money. The Publisher sets the exchange rate between virtual and real currency, displayed in the in-game store. Please note that the store is a feature of the Game and is not intended for financial trading.
3.8. Non-activated Data and Commands may have an expiration date or other restrictions the Publisher sets. If not used within a specified period, they may be canceled without notice and without compensation.
3.9. The Publisher reserves the right to change or remove any rights to Non-activated Data and Commands from the Game at its discretion without prior notice. In the event of termination or modification of the rights to Non-activated Data and Commands for any reason, the Publisher does not provide refunds or compensation for the respective rights to Non-activated Data and Commands, as specified in clause 8.1 of the Agreement below.
3.10. You agree that the Publisher does not guarantee the following:
3.10.1. Desired in-game items will be available when in-game currency is credited to the User's Account.
3.10.2. You can use the Non-activated Data and Commands for an indefinite or desired period.
3.10.3. You can exchange Non-activated Data and Commands for any specific in-game items or functions.
3.10.4. The characteristics or intended use of the Non-activated Data and Commands will remain unchanged throughout the use of the Game or will meet your expectations and preferences.
3.11. You agree that the Publisher does not exchange purchased Non-activated Data and Commands (for example, in-game currency or in-game items) for cash or non-cash items, does not compensate your expenses, in particular, for any User transactions, and does not pay interest on the use of funds, as Non-activated Data and Commands are an additional feature of the Game, and their payment is a fee for a license to use extended Game functionality. You are not allowed to purchase Non-activated Data and Commands (for example, in-game currency) from third parties not authorized by the Publisher.
3.12. Only the Publisher and authorized persons can provide all Non-activated Data and Commands. If a User accesses paid features from unauthorized third parties, the Publisher can block their access, fix any issues caused by using these features, and end the Agreement with the User.
3.13. When a User obtains Non-activated Data and Commands due to a technical error, malfunction, incomplete payment, or without using in-game currency, the Publisher can deduct the cost from future payments or block (restrict) the User's Account.
3.14. The User shall bear all costs associated with transferring funds when purchasing rights to Non-activated Data and Commands, including any fees. The User must keep all documents confirming the payment of rights to Non-activated Data and Commands for their participation in the Game and provide them to the Publisher upon request.
3.15. The Publisher reserves the right to unilaterally modify the terms of access to the Game (including paid features) at any time or to discontinue support for the Game partially or fully. These changes can alter or end this Agreement without the User's consent.
3.16. The Publisher may use third parties, including intermediaries and payment systems, to facilitate transactions or provide rights to Non-activated Data and Commands without the User's approval. It is the User's responsibility to understand and accept these third parties' terms before making payments.
4. GAME USAGE RESTRICTIONS
4.1. In addition to other restrictions on the use of the Game provided in this Agreement, the User agrees not to perform the following actions:
4.1.1. Use the Game to transmit unauthorized information, including but not limited to unsolicited emails, spam, and any materials promoting malicious or spyware software, as well as uploading files with false or harmful content.
4.1.2. Harvest (mass collect) or otherwise obtain any Game data that is not intended to be displayed during the normal functioning of the Game (as intended by the developer).
4.1.3. Facilitate, create, or maintain any unauthorized connections to the Game, including connections to unauthorized servers that emulate or attempt to emulate the Game's servers.
4.1.4. Post offensive, threatening, obscene, defamatory information, as well as materials containing racial, sexual, religious, or other discrimination, and distribute links to such information.
4.1.5. Insult or otherwise violate the rights of other Users.
4.2. The Publisher may offer the User participation in beta testing of the Game or its components. The User acknowledges that the beta version of the Game may contain errors, malfunctions, and may not provide stable operation. If the User agrees to participate in beta testing, the User agrees to:
4.2.1. Report to the Publisher any detected errors, problems, and suggestions for improving the Game.
4.2.2. Comply with all additional terms and restrictions established by the Publisher for beta testing.
5. USER CONTENT
5.1. The Game may provide Users with the ability to create, upload, send, transmit, or otherwise make available within the Game various materials, such as texts, images, videos, audio files, and other forms of content ("User Content").
5.2. You are solely responsible for all User Content that you publish, and for any consequences of its publication or use. The Publisher is not responsible for User Content or any claims, damages, or losses resulting from its use.
5.3. You retain all rights to the User Content you publish. However, by providing User Content through the Games, you grant the Publisher a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide license to use, copy, modify, create derivative works from, publish, display, perform, transmit, and distribute such User Content in connection with the distribution of the Game and the development of related products and services.
5.4. You agree not to create, upload, send, or make available User Content through the Game if such content:
5.4.1. Is illegal, threatening, abusive, discriminatory, pornographic, defamatory, harmful, invasive of privacy, or contrary to moral and ethical norms.
5.4.2. Infringes copyrights, patents, trademarks, trade secrets, or other intellectual property rights.
5.4.3. Contains viruses, worms, Trojan horses, or other harmful code.
5.4.4. Violates this Agreement or any applicable laws.
5.5. The Publisher does not guarantee the accuracy, quality, or completeness of any User Content posted in the Game. By using the Game, you agree that you may encounter materials that may be offensive. You also agree that the Publisher is not responsible for User Content under any circumstances.
5.6. The Publisher has the right to remove, temporarily or permanently, any User Content from the Game without notice to the User who posted such User Content.
6. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
6.1. The Games are provided "as is" and "as available", and you acknowledge that:
6.1.1. The Game may not meet your requirements.
6.1.2. Access to the Game may not be uninterrupted, timely, secure, or error-free.
6.1.3. The results obtained from using the Game may not be accurate or reliable.
6.1.4. The quality of any products, services, information, or other material purchased or obtained by you through the Game may not meet your expectations.
6.1.5. Any errors in the Game software will not necessarily be corrected.
6.2. The Publisher is not liable for:
6.2.1. Any lack of User access to the internet, the quality of internet service providers, or any difficulties or inability to use the Game due to these circumstances.
6.2.2. Any losses incurred by the User during access to the Game, including losses caused by errors, interruptions, file deletions, functionality changes, defects, delays in data transmission, or other occurrences not caused by the Publisher.
6.2.3. Any loss or damage arising from the use, non-use, or inability to use the Non-activated Data and Commands.
6.2.4. Damage to the User or third parties, including damage resulting from the use or inability to use the Games, unauthorized access to a User's personal information, or the User's Account.
6.3. The Publisher's liability to the User is limited to the amount paid by the User for purchasing the Non-activated Data and Commands unless otherwise provided by applicable law.
6.4. The Publisher is not required to provide any evidence of the User's breach of the Agreement that resulted in the termination of this Agreement.
6.5. You agree that the Game may contain audio and/or visual effects that may provoke epileptic or other nervous system disorders, and you warrant that you do not suffer from such disorders or will not use the Game in such cases.
6.6. The Publisher provides technical support related to the use of the Game through third-party platforms (game distribution services, online stores, and similar platforms). For necessary technical support, Users should directly contact the support service of the respective third-party platforms, specifying the game released by the Publisher. Users must provide all the required information related to their request to ensure timely and effective resolution of any issues or problems. The Publisher makes every effort to cooperate with third-party platforms to provide quality technical support for Users but is not responsible for the actions or inactions of third parties in the support process.
7. TERMINATION AND SUSPENSION OF THE AGREEMENT
7.1. This Agreement becomes effective when the User first downloads, installs, or otherwise uses the Game (including by purchasing the Non-activated Data and Commands) and remains in effect until terminated as provided below.
7.2. Unless otherwise required by law, the Publisher may unilaterally terminate this Agreement at any time without notice to the User and without any obligation to compensate the User for any costs or amounts.
7.3. If a User violates the terms of this Agreement, access to the Game may be immediately and without warning denied or restricted. The grounds for such denial or restriction of access may be provided in the Game Rules.
7.4. The Publisher reserves the right to unilaterally suspend or terminate the Game’s functionality if it suspects the User of illegal activities until all circumstances are clarified. In certain situations, the Publisher may also pass information about the User who violates the terms of the Agreement or applicable law to law enforcement authorities.
7.5. The User acknowledges and agrees that the Games are distributed by the Publisher on various distribution platforms, online stores, and other services (collectively referred to as "Platforms") at the Publisher's discretion. In this regard:
7.5.1. Any violations of this Agreement (including license restrictions and Game Rules) may result in blocking, restricting access, or other sanctions by the respective Platform. In particular, due to in-game violations, your account on the respective Platform may be blocked or restricted, or you may lose the ability to play the Game through that Platform.
7.5.2. Any violations of the terms of use of the Platforms constitute a breach of this Agreement. Please note that in case you violate such terms, you may lose the ability to use the Games.
7.5.3. The User acknowledges and agrees that in the event of blocking, restricting access, or other sanctions by the Publisher or the Platforms related to the User's violation of this Agreement or the terms of use of the Platforms, the Publisher has no obligation to provide any compensation or refunds, including but not limited to funds paid for Non-activated Data and Commands.
7.5.4. The User may terminate this Agreement at any time by deleting the Game or their Account on the respective Platform (if applicable). However, deleting the Game or Account does not release the User from obligations arising prior to the termination of the Agreement, including but not limited to obligations to compensate for damages caused to the Publisher as a result of the User's violation of the terms of this Agreement.
8. FINAL PROVISIONS
8.1. The User agrees that the Game may periodically update automatically without prior notice or consent. The Publisher reserves the right, at any time and at its sole discretion, to make changes, updates, or additions to the Game—including adjustments to game balance, functionality (including Non-activated Data and Commands), user interface, or content—to enhance the gameplay experience for Users. The Publisher may also close or limit the Game's functionality without prior notice.
The User acknowledges and agrees that in the event of any such changes, updates, limitations, or if the Game or any of its components are discontinued, the Publisher is not obligated to provide any compensation or refunds, including those for funds paid for Non-activated Data and Commands.
8.2. The User acknowledges that all exclusive rights to the Games, including game characters, items and accessories, game coins, in-game values, graphics, photographs, animations, video images, video clips, sound recordings, sound effects, music, text content of the Game, and other components, belong to the respective right holders. The User understands that each element of the Game, including game characters, is part of computer software and is protected by copyright. While using the Game, Users may control game characters, including their development, but such control and development do not imply the transfer of exclusive rights from the Publisher to the User. Control and development of characters cannot be considered as the User’s authorship or co-authorship in relation to game characters and/or co-authorship with the game right holder.
8.3. The User cannot assign their rights and obligations under this Agreement to third parties, either for a fee or free of charge.
8.4. The Publisher can change this Agreement without notifying the User. Changes are effective immediately once published in the Game, on the Publisher's website, or on the Game distribution site. The User must regularly review the Agreement for any changes. Users must fulfill their obligations and comply with the Agreement’s rules, regardless of whether they know about any changes.
8.5. If a court declares any provision of this Agreement invalid, the rest of the Agreement remains in effect. In this situation, the parties are required to follow the remaining valid provisions and attempt to fulfill the initial intentions of the Agreement as closely as possible.
8.6. All disputes arising from this Agreement or in connection with it, including those related to its conclusion, execution, interpretation, cancellation, termination, or invalidity, as well as any other disputes arising from this Agreement or related to it, shall be resolved through arbitration in accordance with the rules of the Dubai International Arbitration Centre (DIAC) by a single arbitrator appointed in accordance with these rules. The arbitration will take place in Dubai, UAE. The law of England and Wales, without regard to its conflict of laws principles, shall apply to all matters arising from or related to this Agreement.
8.7. Should this Agreement or any related documents be translated into other languages, and a discrepancy arises between the versions, the English language version shall prevail.
ANNEX NO. 1. GAME RULES
THE USER MUST FOLLOW THE REQUIREMENTS SPECIFIED IN THE DEVELOPER'S GAME RULES, AVAILABLE AT HTTPS://LEGAL.GAIJIN.NET/RU/TERMSOFSERVICE. THE USER ACKNOWLEDGES THAT THESE RULES MAY BE UPDATED, AND SUCH UPDATES AUTOMATICALLY APPLY TO GAMES PROVIDED BY PIXEL TECHNOLOGIES - FZCO ("PUBLISHER"), A COMPANY, REGISTERED AND OPERATING UNDER THE LAWS OF THE UNITED ARAB EMIRATES (REGISTRATION NUMBER: DSO-FZCO-24339) ("ADMINISTRATION"). IT IS THE USER'S RESPONSIBILITY TO REGULARLY CHECK THE DEVELOPER'S WEBSITE FOR THE CURRENT VERSION OF THESE RULES.
1. To ensure an enjoyable gaming experience for everybody, you must behave respectfully and appropriately towards other players while playing our Games. This includes, without limitation, that you are not allowed to use nicknames or clan (squadron, etc.) names, slogans, logos, descriptions, etc., or disseminate other content that is unlawful, sexually related, misleading, misrepresentative, or promotes hate speech, contains derogatory, offensive remarks, or that relates to controversial figures or groups in a way that incites conflict, degrades human dignity, or encourages forceful governmental overthrow.
2. You must play fair and not intentionally disrupt your team's gameplay. For example, you must not hurt your teammates on purpose ("friendly fire"), block their movements, or stay inactive ("AFK") during a game session. You must not use cheats, bugs, exploits, or other methods of unfair play.
3. You must not share spam, use offensive language, promote discrimination, post provocative content, engage in discussions violating the law, spread hate speech or endorse other harmful propaganda, or discuss matters that breach decency and morality, whether in text- or voice-based chats, or otherwise. You must also not share other individuals’ personal data, threaten, disseminate false information, or publicly discuss the Administration's actions. You must use the language proper to the game chat’s language zone (if any).
4. You may not use the in-game complaint system to send irrelevant or groundless complaints or insult any person, whether individual, group, or corporate.
5. Users may report objectionable content they have encountered in the game chats. We usually review such reports within two weeks and may take appropriate measures. However, we reserve the right not to disclose the details of our decision.
6. We do not support or endorse political entities, and using our Games for any political purpose is prohibited. Among other things, messages in the game chats, clan (squadron, etc.) names, logos, and descriptions should not contain political content, except for the neutral content that Gaijin might occasionally add (for example, flags and national emblems of the United Nations Member States).
7. Administration reserves the right not to interfere in the clan’s activities, especially in the distribution of clan authority between its members, actions of clan managers, or if someone creates a clan with a similar name or logo.
8. If you violate these rules, the Administration may undertake any restorative measure or impose a penalty of their choice at any time and without further explanation, for example, by amending infringing nicknames or clan (squadron, etc.) names/descriptions, restricting your access to a Game, disbanding a clan (squadron, etc.), imposing restrictions on the use of game chats ("mute"), delete or suspend your Account, or impose any other sanction. You will not be entitled to a refund or any kind of compensation in such a case.
9. If your actions do not explicitly violate the rules outlined in this document but lead to substantial complaints from other Users or harm the interests of third parties or Gaijin, the Administration reserves the right to apply the Game access restriction or delete your Account.
10. As a rule, the Administration's decisions are final. Any appeals are proceeded at their discretion on a case-by-case basis.
IMPORTANT: For detailed information on prohibited actions and the corresponding penalties within our games, please visit the developer's official site at legal.gaijin.net/ru/codeofconduct. Note that this document serves as guidance only and does not restrict the Administration's interpretation and application of the Game Rules.