Terms of Use

1. Introduction

This document sets out the terms and conditions on which PlayStar Platform OÜ (referred to as "Company") will provide services and products to you through the website cyberyal.com (hereinafter the "Platform").

In this document, references to we/our/us are to Company. Any references to Customer/you/your are references to you as a customer of Company and user of our services and product.

By signing up to use an account through the Platform or any of our associated websites, you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement and you have familiarized yourself with our Privacy and Cookie Policies. This Agreement will govern the use of the services and the products provided by the Company. By using the Platform, you agree to be bound by the terms and conditions set out on herein (the "Agreement"). This Agreement will come into effect when you confirm that you agree to it.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, AS WELL AS THE TERMS OF USE, YOU MAY NOT USE ANY SERVICE ON THE PLATFORM.

The Platform integrates various third-party games (“Supported Games”) within its interface. The list of supported games is available here Cyberyal | Take your gaming to the next level. You acknowledge and agree that each Supported Game is governed by its own separate terms and conditions, as established by the respective game developers or publishers. By accessing and playing any of the Supported Games, you are bound to comply with the applicable terms and conditions. The Platform is not responsible for the content, functionality, or any aspect of the Supported Games.

Supported Games are skill-based. They either have no randomisation or they utilize a Pseudo Random Number Generator (pRNG) to ensure the randomness of certain game elements, where applicable. This pRNG is specifically designed to provide a fair and skill-based gaming experience, consistent with the non-random nature of the Supported Games.

2. User Content

To be eligible to use any of the services and products on the Platform, you must be at least 18 years old, have the capacity to enter into legally binding contracts and reside in a country in which the relevant services and products are available or you must be at least 14 years old and you perform the transactions by means granted by your legal representative for use on the Platform or for free use. Your access to certain Supported Games, services or products may be limited based on the age rating of the Supported Game as applicable in your country.

You can access the Platform through commonly used web browsers on your personal computers, laptops, or mobile devices, including but not limited to Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Edge. You must ensure that the browser is compatible with the Platform's technical requirements and is updated to the latest version to ensure optimal performance and security. The Company does not guarantee that the Platform will be accessible or function optimally on all browsers or devices.

3. Eligibility

By submitting, posting, or displaying any text, images, videos, or other materials (collectively, "User Content") on or through the Platform, you grant us a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, publicly display, and perform the User Content in connection with the operation of the Platform and the Company's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Platform.

You acknowledge and agree that interactions taking place through the Platform may be distributed live or as on-demand content. We may use and display information including your in-game name, rank, profile picture, stream-captured video and other data that we deem relevant to improve the available content, advertise your products and services, and improve interactions within the Platform.

You can delete individual content that you share, post and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. To delete your account, please follow the procedure described in the Privacy Policy.

You grant us the right to utilize any ideas or concepts contained within User Content for any purpose, including but not limited to, product and service development, manufacturing, marketing, or generating informational articles, without providing any compensation to you. To the maximum extent permitted by law, you waive any moral rights you may possess in your submitted User Content.

You agree not to submit, post, or display any User Content on the Platform that infringes upon or violates the copyright, trademark, or other intellectual property rights of any third party. By submitting User Content, you represent and warrant that you have the necessary rights, licenses, consents, and permissions to publish User Content and to grant the consents specified in these terms of use.

We are not required to host, display, or distribute, and may remove at any time, any User Content. If you believe that your copyright, trademark, or other intellectual property rights have been infringed upon, we encourage you to let us know. We reserve the right to permanently delete, modify or limit access to User Content that infringes upon copyright, trademark, or other intellectual property rights. We reserve the right to change the format, sizing, and any other specifications of User Content as we see fit.

4. Customer Registration Process

To use the Platform and before publishing any User Content or making any monetary transactions, you will need to register for an account by providing your identification information and accepting the terms of these Terms. By using the Platform, you agree and represent that you will use the Platform only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs under your account. The Company may, in our sole discretion, refuse to open an account for you, or limit the number of accounts that you may hold or suspend or terminate any account.

The list of authorisation methods is available at the Platform.

To become a customer, in order to execute your transaction or in other cases, you may also be required to provide the information necessary to verify your identity and for the detection of anti-money laundering, terrorist financing, fraud, or any other financial crime. Failure to provide any information that Company reasonably requests from you after you have become a Customer shall be grounds for the suspension of the provision of Services to you (including access to your account) and/or the termination of this Agreement.

The information we request may include certain personal information including, but not limited to, your full name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, billing type, source of funds, government issued documents, marital status, title, gender, residential address, nationality and other requested details. The nature and extent of the information you are required to provide may differ, for example, based on the services provided to you under this Agreement and/or the means of payment you use. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with the data protection provisions of this Agreement.

You authorize us to make enquiries directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Company services and/or before permitting you to engage in transactions beyond certain volume limits.

5. User-Organized Competitions

The Platform allows users to organize and participate in competitions involving Supported Games. Users may create competitions that involve two or more participants, with the option of establishing prize pools for the winners.

The specific terms and conditions for each user-organized competition, including the rules of the competition, eligibility criteria for participants, prize pool amounts and distribution, and any applicable fees or charges, shall be displayed separately on the Platform ("Competition Terms"). Users organizing and participating in such competitions are responsible for understanding and adhering to the Competition Terms.

By organizing or participating in a user-organized competition, users agree to abide by the Competition Terms and any additional guidelines, rules, or requirements set forth by the Company. The Company reserves the right to modify or remove any user-organized competition that violates these Terms of Use, the Platform's rules and guidelines, or any applicable laws or regulations.

6. Placing Orders, Payment, Relationship between Service Provider and Client

You will then be able to browse, select and, if applicable, purchase various services, including but not limited to, tournaments, training sessions, consultations, challenges, and boosts organised by other customers (“Service Providers”) or the Company.

To purchase a service at the Platform you need to click the “order” button. Please check the accuracy of the provided data during the order.

The price and availability of the services will be shown during the order process. The pricing shown and valid at the time of the order shall apply. Fees may be charged for our services and for the Service Providers, which will be clearly displayed to users prior to completing a purchase. By placing an order, you agree to pay all applicable fees and taxes. The full amount will be charged at the time of execution of the order.

The prices are listed in Euro or your local currency, if supported.

The Company accepts Visa, Mastercard and other payment methods (including Xsolla, Google Pay, Apple Pay) for payments (EUR). The list of available payment methods and supported payment gateways is available at the Platform.

If the payment of a due amount is not received or in case of irregular payment, the Company reserves the right, after taking your order, to suspend or cancel the order.

Where applicable, the Platform acts as an intermediary between Service Providers and clients, facilitating the purchase and delivery of services. In such case, the Platform does not itself provide the services offered on the Platform and is not responsible for the quality or outcome of any service provided. The relationship between the Service Provider and the client is that of an independent contractor. The Platform is not a party to this agreement and assumes no responsibility for the performance of either party under the agreement.

Service providers are independent contractors and not employees, partners, or agents of the Company. We do not endorse, guarantee, or assume responsibility for any service provided by a Service Provider.

We may be obligated to report transactions made by you as a Service Provider through the Platform to applicable local tax board or authority. You agree that the information related to the transaction and the information from your account may be provided to the extent necessary for fulfilment of our obligations to tax authorities.

7. Cancellations And Refunds

Once an order to buy or sell has been made it cannot be cancelled or recalled.

All orders are final and cannot be refunded once the order has been sent or fulfilled in accordance with the order description.

You hereby agree that upon delivery, you will not be entitled to any credit or refund and all purchases are final. The Company's obligation towards you will be absolutely discharged upon delivery of the product or service to you or intermediation to the Service Provider and you shall have no claim or right against the Company upon such delivery.

This no-refund policy shall apply at all times regardless of any reason whatsoever. The product or service are not delivered on a tangible medium (disk, package or otherwise) and the delivery begins after your express consent and acknowledgement that you loose the right of withdrawal.

8. Suspension, termination and cancellation

The Company may: (a) refuse to complete, or block or cancel you have authorized, (b) suspend, restrict, or terminate your access to any or all of the services, and/or (c) deactivate or cancel your account with immediate effect for any reason, including but not limited to where:

  • there is a reason to suspect that you are acting in breach of this Agreement or applicable legislation;

  • your User Content is identified to be in breach of third-party copyright or other rights;

  • we have identified a threat to security of your account, including for prevention of data leaks;

  • we have a reason to suspect that Platform is being used for the purposes of fraud or in breach of this Agreement;

  • use of your account is subject to any pending litigation, investigation, or government proceeding;

  • we perceive a heightened risk of legal non-compliance associated with your account activity;

  • use of any of the features for gambling purposes, including but not limited to, placing bets or wagers on the outcome of any game or event;

  • you fail to provide on request documents or information as reasonably required in order to comply with obligations under applicable laws.

In the event of any termination, whether by you or us, these Terms of Service will continue in full force and effect, including our right to use User Content. In the case any of the above become applicable, the Company shall make reasonable efforts to inform you about the withholding or suspension.

The Company shall not be liable for any losses you may suffer as a result of any reasonable action taken in accordance with this clause.

Where the circumstances described in this clause cease to exist, the Company may, at its discretion, either reinstate access to the account and the services and/or issue you with new account details and reserves the right to ask you to repeat the account opening procedure in part or in full as outlined in this Agreement and to resolve any open issues with your account before a restriction is removed.

9. Fees

The Platform uses third-party services to process any payments and transactions between you, the Company and other users. All of your interactions with third parties and the services they provide are regulated by different terms, conditions and policies, and to which you expressly and independently agree whenever you execute third party agreements and conduct with/through them.

All fees payable under this Agreement, including taxes are displayed during the operation flow and shall be paid in currency displayed at the Platform.

The Company reserves the right to pursue any financial losses suffered due to you filing a chargeback procedure with your bank or payment provider. These can include administration fees levied by the card acquirer and card schemes.

In the case of intermediation between the customer and a Service Provider, the Company acts as a commercial agent with a contractual right to negotiate the sale or purchase of services or to enter into contracts for the sale or purchase of services on behalf of only the Service Provider.

10. Wallet Use and Prepayment for Services

You agree to comply with the terms governing the platform's built-in wallet feature. The wallet is used to deposit funds securely on our account in a payment service provider before final purchase of the respective services. You must ensure that you have sufficient funds in the wallet to initiate transactions and obtain services within the platform. All payments are subject to applicable fees and conversion rates, as determined at the time of transaction. You will not be entitled to additional rewards, bonuses or payments for the funds held in the wallet.

You acknowledge and agree that all prepayments are final and non-refundable, except in cases where the platform, at its sole discretion, determines that a refund is warranted. The platform reserves the right to suspend, limit, or terminate your access to the wallet feature in the event of any violations of these terms of use or any applicable laws and regulations. In case your account is deleted or in other cases upon clicking on the “withdraw” button, the amounts held in the wallet will be returned to the original account from which the transaction was made, unless there is a legal obligation restricting our right to make the transaction. You shall be solely responsible for indicating the account to which repayments will be made.

11. Data Protection

The Company shall ensure the protection of your data, including your personal data, and the use of the data in line with the procedure prescribed by the terms of the Privacy Policy available at the Platform.

12. Liability

This clause sets out the entire financial liability for any acts, representations, misrepresentations, omissions or tortious acts of the Company, its employees, agents and subcontractors with respect to and arising from this Agreement or the use of the Platform

All warranties, representations, conditions and all other terms of any kind whatsoever implied by law are excluded from this Agreement to the fullest extent permitted by applicable law.

The Company shall not be held liable for any disputes, claims, or issues that may arise from user-organized competitions, including but not limited to, the enforcement of the Competition Terms, the distribution of prize pools, or the conduct of participants. Users organizing and participating in competitions do so at their own risk and agree to indemnify and hold harmless the Company from any claims, damages, or losses resulting from their involvement in user-organized competitions.

You agree not to hold the Company responsible for any disputes, claims, losses, injuries, or damages arising from or relating to the services provided by Service Providers, or the conduct of customers or Service Providers.

You are solely responsible for all tax liability associated with payments received from other customers and through the Platform. We will not withhold any taxes from any payments unless legally required to. In such case, the witholding will be indicated to you. By using the Platform and offering any services we do not offer or provide an expectation of you getting any liability, health, (un)employment, disability, pension, or other insurance ore benefit needed, desired, or required by law from the Company.

You agree to promptly cooperate with us and provide the documents necessary, as may be reasonably requested, for purposes tax audit, including but not limited to records showing you is engaging in an independent business operated through the Platform. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

The Platform is provided on an “as is” and “as available” basis without warranties of any kind. The Company disclaims all warranties, including warranties of non-infringement, marketability and fitness for a particular purpose. The Company shall not be liable for any pecuniary damages, loss of profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction, or for any form of direct or indirect damages, legal action whatsoever related to any service or product available on the Platform, any technology used by the Company or related parties. You accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

You agree that this limitation of liability is applicable to any event, to the maximum extent permitted by applicable law, the company’s total aggregate liability shall not exceed ten percent (10%) of the total sum paid directly by you to the Company.

13. Warranties and Representations

By agreeing to this Agreement, you represent and warrant to us that:

  • you have the legal capacity to enter into this Agreement;

  • you are entering into this on behalf of any third party;

  • if applicable, you have acquired independent legal or other advice on the suitability and appropriateness of Platform for your needs;

  • you will not violate any applicable laws by entering into this Agreement or receiving the services provided under it;

  • the information and documents you provided to the Company is true, complete, accurate, up to date and is provided in good faith.

  • you will not provide false, misleading or inaccurate information;

  • you will not use any means to directly or indirectly damage, corrupt, disrupt, misuse or gain unauthorized access to any data, system information or the services;

  • you will not use an anonymizing proxy, automatic devices or programmes to copy or monitor the Platform;

  • you understand and acknowledge that we cannot always warrant and guarantee, to the accuracy or completeness of all the information provided on Platform.

The Company warrants, represents and undertakes that it shall provide the Services with reasonable care and skill.

Company makes no representation or warranty that the services are applicable or appropriate for use by customers in all jurisdictions and it is your responsibility to ensure compliance with the laws of any relevant jurisdiction of your residence.

14. Term

This Agreement will continue unless either party notifies the other of termination, in writing, in accordance with this Agreement.

15. Complaints

For any complaint relating to the services, disputes, unexpected payments from the Company for various reasons, including suspected fraud, or charges more than you expected, and not receiving the good or service, you are advised to contact us help@cyberyal.com

More information about dispute and consumer protection provisions are described in clause 16 of the Agreement.

16. General

We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Platform, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Platform or Content is expressly prohibited and all other rights, titles, and interests in the Platform or Content is exclusively the property of Company and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

The logos and trademarks displayed on the Platform are registered marks and intellectual property rights of the Company. You may not copy, imitate or use them without our prior written consent or any third party's copyright, trade secret, patent or other intellectual property rights, or rights of publicity or privacy.

We may periodically update these terms of this Agreement. The changes will be deemed to have been accepted if you continue to use the Platform. If you do not accept the change, you must contact us to terminate the Agreement. You may terminate the Agreement immediately and free of charge with effect at any time.

We may make all other amendments to the Agreement by posting the revised Terms (Agreement) on the Platform, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your account and cease using the Platform.

Any information acquired about other customers through the Platform should be treated as confidential and only used it in connection with the Platform. Such information may only be used to the extent reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the other customer’s express consent to do so. You may not send unsolicited communications to another customer through the Platform, unless expressly allowed by the other customer.

This Agreement comprises the entire understanding and agreement between you and Company as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement) between you and the Company.

Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.

We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, it shall not be seen as renouncement of such right.

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement will continue to be binding and operate after the termination or expiration of this Agreement.

16. Governing law and Legal disputes

Any matters arising from this Agreement shall be governed by and interpreted in accordance with the substantive laws of Estonia.

If a dispute arises between you and the Company, you are strongly encouraged to first contact us directly to seek a resolution.

In case of failure to settle any dispute through negotiations, any disputes which may arise out of or in connection with this Agreement shall be settled by the Harju County Court.

All private customers are entitled to address a competent supervisory authority, which is the Consumer Protection and Technical Regulatory Authority at Endla 10A, 10122 Tallinn, e-mail: info@ttja.ee.

In order to resolve disputes, you, as a private customer, may address the Consumer Disputes Committee. The Consumer Disputes Committee is authorized to resolve disputes arising from contracts entered into between purchasers and sellers that the parties have failed to resolve by way of negotiations. Further information on the resolution of complaints is available at https://ttja.ee/en/consumer-disputes-committee.

To protect you in case of fraudulent authorisation of your credit card or in other cases you are in duly justified cases of breaches of your consumer rights you can initiate a formal payment dispute with your bank or payment service provider (chargeback). You will need to contact your bank or payment service provider for more details on how their particular process works.

When a chargeback procedure is started, the Company is no longer able to resolve the dispute with you directly, and any refund you receive will come from your bank or payment service provider and not from the Company.

If you act as a legal person or a sole proprietor, the provisions relating to special consumer rights shall not apply to the purchase contract (the so-called consumer protection provisions).