Terms of Service

Abstract

These Terms of Service set out the terms, conditions, and rules governing the use of XPINEXT services, including user rights and obligations, account registration and use, benefits, safety and security measures, and other applicable requirements. By accessing or using the services, the user is deemed to have read, understood, and agreed to be bound by these Terms of Service, including any future amendments.

Introduction

XPINEXT (“XPINEXT”, the “Service Provider”, “we”, “us”, or “our”) is an interactive gaming and entertainment platform provided solely for entertainment, recreation, and user participation in activities available within the service. The XPINEXT services include games, applications, software, websites, in-service activities, virtual currency, virtual items, Point, benefits, e-Voucher, Gift Card, promotional programs, user-generated content (“UGC”), and any other services or elements that the Service Provider may make available from time to time (collectively, the “Services”). All Services are intended exclusively for entertainment purposes and are not intended to constitute gambling, betting, or games of chance involving any expectation of financial return under Thai law or any other applicable law. The Services do not provide real-money gambling, do not accept wagers in cash or property, and do not provide any opportunity to receive cash or financial return based on gameplay results, whether directly or indirectly. Virtual currency and units within the Services, including Coin, Diamond, Point, or any other data unit, are software-based elements for use within the Services only. They have no monetary value, do not constitute user property, and may not be sold, exchanged, transferred, or converted into cash, digital assets, securities, or anything of financial value, unless expressly permitted by the Service Provider or required by applicable law. The Company may provide benefits, promotional programs, privileges, or rewards from time to time to encourage user engagement. Such benefits are rights to receive services or discounts subject to applicable conditions and may not be exchanged, refunded, transferred, sold, or converted into cash or financial value, unless required by law. The Company reserves the right to determine, amend, change, suspend, or discontinue any Service, virtual currency, virtual item, Point, benefit, promotional program, or service component at any time and at its sole discretion, without creating any right to compensation, financial benefit, or damages. Access to or use of the Services does not create any right, ownership, or expectation of financial return, profit, or commercial benefit. Users agree to use the Services in accordance with these Terms of Service, the Privacy Policy, and all applicable laws.

1. These Terms of Service (the “Terms”) constitute a legally binding agre…

These Terms of Service (the “Terms”) constitute a legally binding agreement between the user and XPINEXT regarding access to, download, installation, registration for, or use of the Services, whether in whole or in part.

2. These Terms, the Privacy Policy, and any documents incorporated by ref…

These Terms, the Privacy Policy, and any documents incorporated by reference constitute the entire agreement between the Company and the user regarding use of the Services and supersede all prior agreements or understandings.

3. Users must read these Terms carefully before accessing, using, downloa…

Users must read these Terms carefully before accessing, using, downloading, installing, or registering an account with XPINEXT (the “Account”), so that the user understands the rights, obligations, and legal responsibilities associated with use of the Services. “User” means an individual who registers an Account with us or any person who accesses or uses the XPINEXT Services, whether in whole or in part.

4. By accessing, using, downloading, installing, or opening an Account, t…

By accessing, using, downloading, installing, or opening an Account, the user is deemed to have fully accepted these Terms, the Privacy Policy, and other applicable policies. If the user does not accept these Terms, the user must immediately stop accessing and using the Services.

5. If the user is under 20 years of age or has not reached the age of maj…

If the user is under 20 years of age or has not reached the age of majority under applicable law, the user must obtain consent from a parent or legal representative before using the Services, and such parent or legal representative must accept these Terms on behalf of the minor.

6. The Service Provider may amend or supplement these Terms at any time b…

The Service Provider may amend or supplement these Terms at any time by notice through the website, application, or any other appropriate channel. Continued use after amendment constitutes acceptance of the amended Terms.

7. The Service Provider may change, suspend, limit, or discontinue all or…

The Service Provider may change, suspend, limit, or discontinue all or part of the Services, including beta features that may contain defects or operate incompletely, without liability for damages arising from such circumstances.

8. The Service Provider may refuse, restrict, suspend, or terminate Servi…

The Service Provider may refuse, restrict, suspend, or terminate Services to any person for any reason at its sole discretion to the extent permitted by law.

9. The Service Provider may assign any rights, obligations, or benefits u…

The Service Provider may assign any rights, obligations, or benefits under these Terms to another person or entity without notice or consent. The user may not assign rights, obligations, or the Account without the Company’s prior written consent.

10. If any provision is void, illegal, or unenforceable, the remaining pro…

If any provision is void, illegal, or unenforceable, the remaining provisions shall remain in effect.

11. These Terms are governed by the laws of the Kingdom of Thailand, and a…

These Terms are governed by the laws of the Kingdom of Thailand, and any dispute shall be subject to the jurisdiction of the competent Thai courts.

1. User Eligibility

The user must be an individual at least 20 years old and legally capable of entering into binding legal acts. If the user is under 20 or has no or limited legal capacity, the user must obtain consent from a parent, guardian, or legal representative before accessing or using the Services. The parent, guardian, or legal representative is responsible for the user’s use of the Services to the extent required by law. XPINEXT reserves the right to refuse, suspend, restrict, or cancel Services for users who do not meet these requirements, provide false or inaccurate information, or cannot verify their identity upon request.

2. Account Information

The user must register an Account to use the Services by logging in via email. The user agrees to provide accurate, complete, and current information and to update such information when changes occur. The user must not impersonate another person, use another person’s information, or mislead others regarding the user’s identity. XPINEXT may allow multiple Accounts from the same device, network, or IP address. However, XPINEXT may review, restrict, suspend, or cancel any Account if abnormal activity is detected or if there are reasonable grounds to believe fraud, automated use, improper mass account creation, or a breach of these Terms has occurred.

3. Account Security

The user is solely responsible for keeping the Account, login credentials, password, and security information confidential and secure. The user is responsible for all activities under the Account, whether performed by the user or by another person. If the user becomes aware of or suspects unauthorized access, misuse, or any security issue, the user must promptly notify XPINEXT. XPINEXT will not request passwords, verification codes, or account security information through communication channels and is not liable for damage, loss, or unauthorized access caused by the user’s failure to secure the Account.

4. Suspension and Termination of Account

XPINEXT may restrict, suspend, refuse, or terminate the Services and may suspend or cancel all or part of an Account at any time, with or without prior notice, if the user: Suspension or cancellation does not create any right to claim damages, compensation, or refund of virtual currency, Point, virtual items, or benefits, unless required by applicable law.

  • (a) violates these Terms or any related policies;
  • (b) uses the Services unlawfully, fraudulently, or in a manner that may harm XPINEXT, other users, or third parties;
  • (c) uses assistive software, automated systems, or any method to obtain improper benefit;
  • (d) provides false or inaccurate information or cannot verify identity when requested; or
  • (e) takes any action that XPINEXT, in good faith, believes may affect the security or operation of the Services.

1. Privacy Policy

User privacy is important to XPINEXT. XPINEXT has prepared a Privacy Policy explaining how personal data is collected, used, disclosed, stored, and processed. Users should review the Privacy Policy to understand how data relating to the Account and use of the Services is handled.

2. Consent to Processing

By accessing, registering for, downloading, installing, or using the Services, the user acknowledges and agrees that XPINEXT may collect, use, disclose, process, store, or transfer personal data and service usage information as described in the Privacy Policy and as permitted by applicable law.

3. Purposes of Use

XPINEXT may use user information for account creation and management, service provision and improvement, user experience improvement, security, fraud prevention, analytics, service development, marketing analysis, presentation of appropriate benefits or promotions, communications, legal compliance, and other purposes described in the Privacy Policy.

4. Disclosure to Third Parties

XPINEXT may disclose information to external service providers, business partners, payment providers, analytics providers, platform providers such as Google, Apple, Facebook, or other related parties as necessary for service provision, system development, or legal compliance, subject to applicable law.

5. Data Security

XPINEXT will implement reasonable security measures to protect data against unauthorized access, use, modification, disclosure, or destruction. However, no transmission or storage system is completely secure, and XPINEXT cannot guarantee protection against all events beyond its control.

1. Grant of License

XPINEXT grants the user a personal, limited, non-exclusive, non-transferable, revocable license to access, download, install, and use the Services under these Terms. The license is for personal entertainment and recreational use only and does not grant ownership in the Services or any component.

2. Restrictions

Unless expressly permitted in writing by XPINEXT, the user must not:

  • (a) use the Services for commercial purposes, profit-making activities, or to provide services to other persons;
  • (b) copy, reproduce, modify, translate, publish, distribute, rent, sell, sublicense, or create derivative works from all or any part of the Services;
  • (c) reverse engineer, decompile, decrypt, disassemble, or attempt to access the source code, algorithms, or internal systems of the Services;
  • (d) use cheats, bots, automated software, or any other unauthorized method to access or use the Services;
  • (e) access, disrupt, interfere with, or take any action that may affect the security, stability, or operation of the Services; or
  • (f) use the Services in a manner that violates the law, these Terms, or the rights of any other person.

3. Updates and Service Changes

XPINEXT may update, modify, suspend, or discontinue all or part of the Services, including automatic updates, as needed for service provision, security, bug fixes, or performance improvement. XPINEXT may restrict access to certain parts or suspend certain functions with or without notice and is not liable for damage or loss resulting from such actions to the maximum extent permitted by law.

4. Reservation of Rights

All rights, title, and interests in the Services, including rights not expressly granted, are reserved by XPINEXT or the relevant rights holders. Use of the Services does not transfer any ownership or intellectual property rights to the user.

1. Virtual Items

The Services may include virtual items such as Avatar, Special Pass, Fast Pass, privileges, add-on features, or other elements determined by XPINEXT. These are for use within the Services and for entertainment purposes only. Users may obtain rights to use virtual items through in-service currency purchases, activities, or other methods set by XPINEXT. Rights arise only after payment, if any, is fully confirmed and the item appears in the Account. Virtual items are rights of use within the Services only. They are not user property and have no monetary, property, or financial value. They may not be transferred, sold, rented, traded, exchanged, or converted into cash or economic value unless XPINEXT expressly permits otherwise in writing.

2. In-Service Currency

In-service currency consists of Coin, Diamond, and Point. These are data units within the software system for use in the Services only, have no real monetary value, do not constitute legal property, and do not create financial rights.

2.1. Purchase

At present, users may purchase in-service currency only as “Coin packages with Diamond”. Users may not purchase each currency type separately by unit and may not directly purchase Point with real money. XPINEXT may determine, change, add, or cancel forms of sale at any time.

2.2. Exchange

Users may exchange Diamond into Coin at a system-determined rate, which may be changed at XPINEXT’s discretion.

2.3. Use

Diamond may be used for activities, privileges, or features such as Exchange, Keep Streak, Special Pass including Golden Pass and Bonus Point Day Pass, Limited Avatar, Fast Pass, or other uses determined by XPINEXT. Coin may be used to participate in games and activities according to system conditions. XPINEXT may change the permitted uses of each currency type at any time.

3. Point

Point is an in-service mechanism that users may receive from activities, gameplay, Mission, advertising views, account connections, or other activities determined by XPINEXT. Point may be awarded automatically when conditions are met. Point has no financial value, may not be purchased, transferred, sold, rented, or converted into cash, and may expire, be reduced, suspended, or canceled at XPINEXT’s discretion without giving rise to any right to damages, compensation, or financial benefit. Point may be used to redeem rewards, benefits, or promotions within the Services subject to XPINEXT’s conditions. Such rewards or benefits may not be exchanged for cash, transferred, or resold unless required by applicable law.

4. Rewards and Benefits

Users may receive Coin, Diamond, Point, rewards, benefits, or activity rewards from in-service activities such as Mission, ad viewing, account connection, rankings, leveling, or other engagement activities determined by XPINEXT. Such rewards and benefits are provided to encourage use and engagement only. They are not gambling prizes, are not games of chance to obtain property, and do not create financial return rights. XPINEXT may determine, change, suspend, or cancel conditions for activities, rewards, or benefits at any time.

5. Reward Redemption

Reward or benefit redemption must comply with XPINEXT’s conditions, such as minimum level, required Point amount, or other requirements. Redemption is complete when confirmed by the system. After redemption is completed, users may not cancel, change, refund, or recover Point, virtual currency, or virtual elements used for redemption unless required by law. Rewards and benefits may be used only for the purposes and conditions set by XPINEXT or the relevant provider and may not be exchanged or refunded for cash, transferred, sold, or used for financial purposes unless XPINEXT provides otherwise.

1. Payments

For certain Services, users may purchase virtual currency, virtual items, or benefits through payment channels determined by XPINEXT or third-party payment platforms. By making a purchase, the user agrees to pay the displayed price at the time of the transaction to receive usage rights. Prices may exclude taxes, fees, or other charges required by law or payment providers, and the user is responsible for such charges. The user represents that the selected payment method is authorized and that payment information provided to XPINEXT or third parties is accurate, complete, and current. XPINEXT may suspend, cancel, or refuse transactions and suspend access if payment cannot be collected, payment is incomplete, payment irregularities are detected, or there are reasonable grounds to believe the transaction is fraudulent, unlawful, or contrary to these Terms.

2. Refunds and Cancellations

Unless required by applicable law or platform terms, purchases of virtual currency, virtual items, benefits, or other service elements are final, non-cancellable, non-refundable, non-transferable, non-exchangeable, and not convertible into cash or financial value. After successful redemption, users may not request return of Point, virtual currency, or virtual elements used for redemption unless required by law. If payment is processed through third parties such as Google Play or other payment providers, refunds, cancellations, and payment disputes may also be governed by those providers’ terms and policies.

3. Changes to Pricing and Payment Terms

XPINEXT may determine, modify, suspend, or cancel prices, packages, payment terms, benefit programs, or promotional programs at any time, with or without prior notice. Changes shall not apply retroactively to completed paid transactions unless required by law.

1. General Rules

Users agree to use the Services in compliance with applicable laws, rules, regulations, and requirements, and not to use the Services for unlawful purposes, purposes contrary to public order or good morals, or purposes that infringe the rights of XPINEXT, other users, or third parties. Users acknowledge that the Services are for entertainment and recreation only and agree to use them in good faith without causing damage to the system, the Services, or other users.

2. Prohibited Activities

The user agrees not to engage in any of the following activities:

2.1. Use cheats, bots, automated software, scripts, or any method to gain a…

Use cheats, bots, automated software, scripts, or any method to gain an unfair advantage or interfere with the operation of the Services.

2.2. Exploit bugs, vulnerabilities, exploits, or defects in the Services fo…

Exploit bugs, vulnerabilities, exploits, or defects in the Services for improper benefit.

2.3. Access, attempt to access, copy, extract, interfere with, or use any s…

Access, attempt to access, copy, extract, interfere with, or use any system, server, database, account, or data without authorization.

2.4. Disrupt, damage, interfere with, or take any action that may affect th…

Disrupt, damage, interfere with, or take any action that may affect the security, availability, or operation of the Services, servers, or related networks.

2.5. Copy, modify, translate, reverse engineer, decrypt, decompile, disasse…

Copy, modify, translate, reverse engineer, decrypt, decompile, disassemble, or create derivative works from the Services, unless expressly permitted by applicable law.

2.6. Sell, transfer, rent, trade, exchange, or commercially exploit user ac…

Sell, transfer, rent, trade, exchange, or commercially exploit user accounts, virtual currency, virtual items, Point, benefits, or any component within the Services, unless expressly specified otherwise by XPINEXT.

2.7. Use the Services to commit fraud, deception, money laundering, gamblin…

Use the Services to commit fraud, deception, money laundering, gambling, or any other illegal activity, or to violate these Terms.

2.8. Upload, transmit, or distribute data, files, programs, or code contain…

Upload, transmit, or distribute data, files, programs, or code containing viruses, malware, or any element that may cause damage to the Services, other users, or third parties.

2.9. Use the Services in a manner that infringes intellectual property righ…

Use the Services in a manner that infringes intellectual property rights, privacy rights, or any other rights of XPINEXT, other users, or third parties.

3. Enforcement

XPINEXT may inspect, restrict use, suspend or terminate Accounts, and recover virtual currency, virtual items, Point, benefits, or any service component obtained through violation of these Terms without prior notice and without creating any right to damages, compensation, or refund.

1. User-Submitted Content

If users submit information, reviews, feedback, comments, images, or other content through the Services or XPINEXT channels (“User Content”), the user represents that the user owns or has lawful rights to submit or publish such content and is solely responsible for it. The user retains rights in User Content. However, the user grants XPINEXT the right to store, use, reproduce, display, improve, modify, or otherwise process User Content, including feedback or suggestions, as necessary for service provision, improvement, support, public relations, or related business operations, without compensation.

2. Management of User Content

XPINEXT may, but is not obligated to, review, store, refuse, remove, suspend, or block User Content as appropriate for service provision, legal compliance, or protection of XPINEXT, other users, or third parties, without prior notice.

1. Ownership

The XPINEXT name, logos, trademarks, software, games, designs, images, graphics, audio, text, and other service elements, and related intellectual property rights, are owned by XPINEXT, licensors, or rights holders and are protected by applicable intellectual property laws. The user has no rights in such intellectual property unless XPINEXT expressly authorizes otherwise in writing.

2. Infringement Notice

XPINEXT respects intellectual property rights. If a user believes in good faith that content in the Services infringes copyright, trademark, or other intellectual property rights, the user may submit details and evidence through XPINEXT’s designated contact channel for review and appropriate action under applicable law.

1. External Providers and Partners

The Services may connect to third-party or partner services, products, benefits, rewards, e-Voucher, Gift Card, payment systems, login systems, or other services. Such use may be subject to the terms and privacy policies of those third parties, which users must review independently.

2. Third-Party Websites and Services

The Services may contain links or navigation to third-party websites, applications, or services outside XPINEXT’s control. XPINEXT does not endorse, warrant, or assume responsibility for their accuracy, security, availability, content, products, services, or actions. Access and use are at the user’s own risk.

3. Advertising and Third-Party Dealings

The Services may display third-party advertising, promotions, or offers. Any communication, activity, purchase, service use, or transaction with a third party is a direct relationship between the user and that third party. XPINEXT is not responsible for loss, damage, disputes, or claims arising from third-party dealings unless required by law.

1. Suspension or Termination by XPINEXT

XPINEXT may restrict, suspend, refuse, or terminate access to the Services and suspend or delete an Account at any time, with or without notice, if XPINEXT believes in good faith that the user violates these Terms or policies, uses the Services unlawfully or fraudulently, harms XPINEXT or others, affects security or operation, or if suspension or termination is necessary to protect XPINEXT, other users, or third parties. Such action does not create any right to damages, compensation, or remuneration unless required by law.

2. User Termination and Account Deletion

Users may terminate use and request deletion of the Account through Settings > Account Information > Delete Account in the application or through Link:https://xpinext.com/delete-user. After a deletion request, the Account enters Pending Deletion status. The user may restore the Account within fifteen (15) days by logging in with the email associated with the original Account. If within the period, the system will display a Restore Account option. After fifteen (15) days, the Account and related data may be permanently deleted or made unrecoverable. The user may use the same email to register a new Account subject to XPINEXT’s conditions. Upon deletion or termination, access rights, usage data, transaction history, virtual currency, virtual items, Point, benefits, rewards, and other Account-related elements may be suspended, deleted, inaccessible, or unrecoverable unless required by law. Users have no right to refund, transfer, data recovery, damages, or compensation arising from deletion or termination unless required by law. XPINEXT may retain certain data after deletion as necessary for legal compliance, fraud prevention, security, dispute resolution, enforcement of these Terms, or other lawful purposes.

1. Disclaimer of Warranties

The Services, including software, systems, content, functions, virtual currency, virtual items, benefits, and other elements, are provided “AS IS” and “AS AVAILABLE”. To the maximum extent permitted by law, XPINEXT makes no express, implied, or statutory warranties, including accuracy, completeness, reliability, security, continuous availability, fitness for a particular purpose, or non-infringement. XPINEXT does not warrant uninterrupted, error-free, secure, virus-free operation, correction of all defects, or accuracy, completeness, or satisfaction of any information, content, or results obtained from the Services.

2. Limitation of Liability

To the maximum extent permitted by law, XPINEXT and its directors, officers, employees, agents, or related providers are not liable for indirect, special, punitive, consequential, or incidental damages or losses, including loss of data, revenue, profits, business opportunity, reputation, virtual currency, virtual items, Point, benefits, or rewards, arising from use or inability to use the Services, whether under contract, tort, negligence, or other legal theory, even if advised of possible damages. If XPINEXT is liable under law, its total liability shall not exceed the amount paid by the user to XPINEXT for use of the Services during the ninety (90) days before the claim arose, unless otherwise required by law.

3. System Failures

The user acknowledges that the Services may be interrupted, delayed, unavailable, or erroneous due to maintenance, updates, network systems, internet connectivity, force majeure, or other events beyond XPINEXT’s control. If a system error may affect use or benefits, the user may report it within three (3) months of the incident. XPINEXT will review and determine appropriate measures at its discretion, and its decision is final unless required otherwise by law.

Indemnification

The user agrees to indemnify, defend, and hold harmless XPINEXT, its affiliates, directors, officers, employees, agents, contractors, and related persons from claims, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from: This clause survives termination of service use, Account deletion, or termination of these Terms.

  • (a) breach of these Terms, the Privacy Policy, or other applicable terms;
  • (b) unlawful, improper, fraudulent, or non-compliant use of the Services;
  • (c) infringement of intellectual property, privacy, or other rights of XPINEXT, other users, or third parties;
  • (d) user content, information, or actions causing damage, complaints, or third-party claims.

1. Dispute Resolution

If any dispute, claim, or controversy arises from or relates to the Services or these Terms, the user and XPINEXT agree to first attempt good-faith and amicable resolution. If no agreement is reached, either party may pursue dispute resolution procedures available under applicable law, including court proceedings or alternative dispute resolution.

2. Limitation Period

To the extent permitted by law, any claim or legal action must be commenced within the period prescribed by law from the date the user knew or should have known of the cause of claim; otherwise, the claim is deemed waived to the extent permitted by law.

3. Governing Law and Jurisdiction

These Terms are governed by the laws of the Kingdom of Thailand. Any dispute not resolved under Clause 1 shall be subject to the jurisdiction of the competent Thai courts, unless applicable law requires otherwise.

Platform-Specific Terms

Downloading, installing, or using the Services through third-party platforms, including iOS, Android, Apple App Store, or Google Play Store, creates a contractual relationship solely between the user and XPINEXT. Apple, Google, and other platform providers are not parties to these Terms and have no obligations for service, maintenance, support, warranty, or liability related to the Services unless their platform terms state otherwise. Use through such platforms is also subject to the relevant platform terms and policies.

Personal Data Protection

Personal data collected, used, disclosed, processed, or transferred by XPINEXT shall be handled according to XPINEXT’s Privacy Policy, which is incorporated by reference. By using the Services, users acknowledge that XPINEXT may process personal data as necessary for service provision, development, fraud prevention, security, legal compliance, and other purposes in the Privacy Policy. XPINEXT will process personal data in accordance with applicable data protection laws and implement reasonable security measures.

User Representations and Warranties

The user represents and warrants that:

  • (a) the user has sufficient age, capacity, and legal authority to accept and comply with these Terms;
  • (b) all information provided to XPINEXT is accurate, complete, current, and not misleading;
  • (c) the user’s use of the Services will be lawful and will not violate these Terms, third-party rights, or applicable law;
  • (d) the user owns or has lawful rights to any content or information uploaded, transmitted, or submitted through the Services;
  • (e) the user will not use the Services for fraud, money laundering, unlawful conduct, or any activity that may harm XPINEXT, other users, or third parties.

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