Elyxir Terms of Service

PLEASE READ THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR RIGHTS; SECTION 16 CONSTITUTES AN AGREEMENT TO ARBITRATE AND A WAIVER OF JURY TRIAL AND CLASS ACTION FOR ANY CONTROVERSY ARISING FROM THESE TERMS.

This Terms of Service (“Terms”) govern your access and use of the Elyxir Platform—including websites, mobile apps, APIs, tools, and related services (collectively, the “Platform”)—made available by Virtual Gaming Products, Inc., DBA Elyxir (“Elyxir,” “we,” “us,” or “our”). These Terms, along with Elyxir’s Privacy Policy, all policies, guidelines, program terms, and future amendments posted on the Platform, form a legally binding agreement between you (“you,” “your,” or “User”) and Elyxir. By accessing or using the Platform—or creating an account—you accept these Terms. If you do not agree, do not use the Platform.

1.1 “Account” means the account you open to access or use the Platform.

1.2 “Buyer” means any User who acquires goods or services from Elyxir via the Platform.

1.3 “Transaction” means a Buyer’s purchase of goods or services from Elyxir via the Platform.

1.4 “Fees” means all charges, commissions, or service fees payable to Elyxir under these Terms in connection with your use of the Platform or any Transaction.

1.5 “Agreement” means these Terms and any policies, guidelines, program terms, and future amendments posted on the Platform.

1.6 Headings are for convenience only and do not affect interpretation. Singular includes plural and vice versa. “Including” means “including without limitation.” Lower case usage of terms in the Agreement shall mean the equivalent of their defined terms if they were made uppercase.

1.7 “Payor” means a Buyer that owes an obligation to pay the purchase price for goods or services to Elyxir.

1.8 “Payee” means Elyxir, as the party to whom a Payor owes such payment obligation.

1.9 “Designated Payment Processor” means any third-party payment processor, financial institution, or payment service provider engaged by Elyxir to accept, process, or settle payments in connection with Transactions.

1.10 “Payment Services” means Elyxir’s services in facilitating the collection, processing, and handling of funds in connection with Transactions between Buyers and Elyxir on the Platform.

1.11 For purposes of applicable money transmission and similar laws, each Designated Payment Processor acts as Elyxir’s limited agent for the sole and limited purpose of accepting and processing payments from the Payor (Buyer) for Transactions conducted via the Platform, as further described in Sections 4 and 7.

2.1 You must be at least 18 years old (or have reached the legal age in your jurisdiction) and capable of entering into binding contracts.

2.2 By creating an Account, you represent and warrant that:

(a) your registration information is accurate, current, and complete;

(b) you will maintain and promptly update your account information; and

(c) you are solely responsible for all activity under your Account credentials.

2.3 We may refuse, suspend, or terminate your Account or access at our sole discretion, without notice or liability.

3.1 Subject to compliance with these Terms, Elyxir grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose, including browsing and purchasing goods or services offered by Elyxir.

3.2 You may not:

• Sublicense, resell, distribute, or commercially exploit the Platform;

• Reverse engineer, decompile, or attempt to derive source code;

• Use bots, scrapers, robots, data-mining tools, or similar automated means;

• Frame or mirror any portion of the Platform;

• Interfere with security or tamper with site integrity;

• Access the Platform if you are a current or former employee or agent of any company that has created, published, or profited from a video game.

4.1 Online Platform. Elyxir operates the Platform to sell and deliver services—typically digital, virtual, or game-related items—directly to Buyers. When you complete a Transaction, your contract for the purchase of such services is solely between you and Elyxir.

4.2 No Fiduciary or Escrow Relationship. Elyxir’s handling of funds in connection with Transactions is solely for the purpose of collecting and processing payments owed to Elyxir and does not create a fiduciary, trust, escrow, or other special relationship between Elyxir and any User. Elyxir does not act as a trustee or escrow agent with respect to any funds, unless expressly stated in a separate written agreement.

4.3 No Responsibility for Third-Party Games or Services. Elyxir does not own, operate, or control the video games, platforms, or services of third-party publishers or developers. We make no guarantees regarding the continued availability, functionality, or rules of any game or platform, and we expressly disclaim all implied warranties regarding any third-party game, platform, or publisher policies, including changes that may affect your use of purchased virtual goods.

4.4 Platform & Service Discretion. Elyxir reserves the right to modify, suspend, or terminate any feature or service—including user accounts or the availability of certain products—for any reason or no reason, without prior notice or liability.

5.1 Orders. By placing an order on the Platform, you are making an offer to purchase the services listed in your cart at the prices and on the terms disclosed at checkout. Elyxir may accept or reject any order at its sole discretion, including for suspicion of fraud, payment issues, logistical constraints, or legal/compliance reasons.

5.2 Digital & Virtual Goods. Many offerings by Elyxir are digital or virtual items (for example, in-game currency or virtual goods). You acknowledge and agree that:

(a) Digital or virtual goods generally have no cash value and cannot be redeemed for legal tender;

(b) Delivery may require your cooperation (e.g., logging into a game, meeting in-game, or following instructions) and failure to cooperate may delay or prevent delivery; and

(c) Game publishers or platforms may modify their games, terms, or enforcement actions, which may affect your ability to use or enjoy purchased items.

5.3 Delivery Timeframes. Any delivery estimates or timeframes displayed on the Platform or in communications are estimates only and not guarantees. Delays may occur due to game/servers issues, maintenance, account restrictions, verification requirements, or other factors outside Elyxir’s control.

5.4 Product Descriptions. We strive to describe products accurately. However, minor variations, visual differences, or changes in game mechanics, naming, or appearance may occur. We do not warrant that descriptions, images, or other content on the Platform are error-free, complete, or current.

5.5 Cancellations and Modifications. Elyxir may cancel or refuse an order after authorization or payment has been obtained if a pricing error, availability issue, risk concern, or other material issue is identified. If we cancel an order after you have been charged, we will refund the applicable amount to your original payment method or as otherwise agreed.

6.1 Buyer must:

• Provide accurate payment and contact information;

• Pay all applicable amounts, including product price, Fees, taxes, duties, and any charges disclosed at checkout;

• Follow instructions and cooperate as reasonably required to enable delivery of digital or virtual goods;

• Not initiate frivolous disputes, chargebacks, or misrepresent delivery or product conditions.

6.2 Chargebacks and Disputes. If you initiate a claim, dispute, or chargeback with your payment provider:

(a) Elyxir may investigate and respond to the chargeback, including submitting evidence of delivery or your use of the goods;

(b) Elyxir may decline to provide further services or products, suspend or terminate your Account, or require additional verification; and

(c) Elyxir may, where permitted by law, collect from you any amounts reversed or charged back, plus any associated fees, penalties, or costs.

7.1 Fees Payable to Elyxir. Elyxir may charge Users various Fees, which may include, without limitation:

(a) Service Fees;

(b) transaction or processing fees;

(c) chargeback or dispute fees;

(d) currency conversion fees; or

(e) other platform add-on charges.

Fees are described in Elyxir’s Fee Policy and other posted documentation and may be modified at any time, subject to applicable law. Continued use of the Platform or Payment Services after any change to Fees constitutes acceptance of such changes.

7.2 Third-Party Processors. You acknowledge and agree that:

(a) Elyxir uses Designated Payment Processors and financial institutions to provide Payment Services;

(b) your use of certain payment methods may be subject to the terms and privacy policies of those third parties; and

(c) Elyxir is not responsible for errors, delays, restrictions, or limitations imposed by such third parties, except to the extent required by law.

8.1 Reviews and Holds. Elyxir may withhold, delay, or place holds on processing or confirming your payments or Orders for any reason, including:

(a) Buyer dissatisfaction, disputes, chargebacks, or returns (including prior history);

(b) suspected fraud, money laundering, AML, sanctions, or similar issues;

(c) incomplete or inconsistent Buyer information or documentation;

(d) risk, compliance, or credit concerns related to a specific Transaction, Buyer, or pattern of activity; or

(e) any other reason deemed reasonably necessary by Elyxir to protect Users, Elyxir, or third parties.

8.2 Refusals and Cancellations. Elyxir may refuse or cancel any Transaction, even after payment authorization or confirmation, where risk, compliance, or operational concerns are identified. Where payment has been collected and the order is cancelled by Elyxir, we will refund the applicable amount to your original payment method or as otherwise required by law.

8.3 Third-Party Impacts. User acknowledges that Elyxir uses third-party payment processors and financial institutions whose unilateral actions or performance, whether intended or unintended and whether as a result of Elyxir’s actions or not, may affect Elyxir’s ability to accept or refund payments in certain amounts, methods, and time frames. User acknowledges that Elyxir shall not be held liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages for circumstances created by such third-party payment processors or financial institutions that Elyxir depends on to operate. Under such circumstances, Elyxir shall make reasonable efforts, to the extent commercially practicable, to process or refund funds in accordance with published Terms and Policies.

9.1 Refunds and Adjustments. Elyxir may, in its sole discretion, issue refunds, credits, or partial refunds in accordance with its Refund Policy and other Platform policies. Elyxir is not obligated to provide a refund except as required by law or as expressly set forth in Elyxir policies applicable at the time of your Transaction.

9.2 Internal Dispute Handling. Before initiating any external dispute (such as a chargeback or arbitration), we encourage you to contact Elyxir support to allow us an opportunity to resolve the issue. Elyxir may investigate order issues, including nondelivery, partial delivery, or quality concerns, and propose resolutions at its sole discretion.

9.3 Finality of Decisions. Elyxir’s decisions on internal dispute handling, refunds, and account actions are final and binding, subject to applicable law and your separate rights under Section 16 (Arbitration) and any non-waivable consumer protections.

9.4 Discretion and Non-Waiver. In the enforcement or lack thereof of any part of the Agreement, Elyxir is permitted to exercise its sole discretion to allow Elyxir to make case-by-case judgments on what is commercially practicable or beneficial to its Users. Such exceptions, if any, do not constitute a waiver of any of Elyxir’s rights under the Agreement, nor do they necessitate Elyxir to act or decide in a similar manner in other instances.

10.1 All Elyxir branded content (software, text, graphics, trademarks, designs) is owned by, licensed to, or permitted to be used by Elyxir or its licensors and is protected by law. All other trademarks or intellectual property are owned by their respective owners. Elyxir makes no claims, implied or otherwise, of any association with other entities, game developers, or owners.

10.2 You may upload content (e.g., usernames, communications, reviews, images). You grant Elyxir a perpetual, irrevocable, worldwide, royalty-free license to use, display, adapt, reproduce, and distribute that content for any purpose, including to operate, improve, and promote the Platform.

10.3 You represent and warrant that any content you post does not infringe third-party rights. Elyxir may remove infringing or objectionable content in its sole discretion.

11.1 Your use of the Platform is governed by the Elyxir Privacy Policy.

11.2 You consent that Elyxir and its vendors, affiliates, and sub-processors may transfer, process, and store data—including personal data—in any country, including for KYC, AML, fraud prevention, or regulatory compliance.

12.1 You represent and warrant that:

• You are authorized to use provided payment and identity information;

• You will comply with all applicable laws and these Terms;

• Any information you submit to Elyxir is truthful, accurate, and complete.

12.2 DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL SERVICES (INCLUDING PAYMENT SERVICES AND THE SALE OR DELIVERY OF DIGITAL OR VIRTUAL GOODS) ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” ELYXIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY CLAIMS ARISING FROM OR RELATING TO THIRD-PARTY GAMES, PLATFORMS, OR PUBLISHERS, OR FROM INTERACTIONS BETWEEN YOU AND ANY THIRD PARTY.

13.1 NEITHER ELYXIR NOR ITS AFFILIATES OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES (INCLUDING LOST PROFITS, DATA, OR BUSINESS OPPORTUNITY) ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM.

13.2 AGGREGATE LIABILITY: ELYXIR’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE TOTAL AMOUNT OF FEES PAID BY YOU TO ELYXIR IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

13.3 Some jurisdictions do not allow exclusion of certain liabilities; such exclusions may not apply to you.

You agree to indemnify, defend, and hold harmless Elyxir and its officers, directors, employees, agents, and affiliates from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees), arising from or related to:

(a) Your breach of these Terms;

(b) Your use of the Platform, Payment Services, or any products or services purchased from Elyxir;

(c) Any User-generated content you supply or your violation of third-party rights.

15.1 Elyxir may suspend or terminate your Account or use of the Platform at any time, without notice, for any or no reason, including for suspected fraud, abuse, chargebacks, or violations of these Terms.

15.2 Upon termination:

(a) All account privileges cease immediately;

(b) The provisions of these Terms which by their nature should survive termination shall survive any termination or expiration of your access to the Platform or use of the services. Without limitation, the following provisions shall survive: ownership provisions, indemnity, disclaimers of warranty, limitations of liability, dispute resolution, governing law, and any licenses or rights granted to Elyxir under these Terms;

(c) Elyxir may delete or retain content as reasonably necessary for legal compliance, KYC, AML, or fraud prevention.

16.1 These Terms shall be governed by the laws of the State of Utah, excluding its conflict-of-laws principles.

16.2 All disputes arising out of or relating to these Terms—except small-claims matters below the applicable threshold—shall be resolved via binding arbitration under the rules of the American Arbitration Association (AAA).

Arbitration shall occur in the county of Santa Clara, California (or another agreed venue, or if impracticable via online telecommunications methods).

YOU AND ELYXIR WAIVE RIGHTS TO TRIAL BY JURY AND TO PARTICIPATE IN CLASS ACTIONS OR CLASS-WIDE ARBITRATIONS.

You may bring an individual claim in small-claims court if permitted by law.

16.3 You may initiate Arbitration proceedings with Elyxir by emailing a notice to [email protected]. While not required, we encourage prior notice for a chance to resolve your issue without an Arbitrator.

16.4 All parties bear their own cost of Arbitration unless the amount in controversy is under $1,000 and the User is a consumer. If the User has given Elyxir a 15-day notice to resolve a dispute with an amount in controversy of less than $1,000 and Elyxir fails to remedy the controversy, Elyxir shall pay for consumer arbitration costs associated with such controversy and only such controversy. If the Arbitrator finds that the User’s complaint was frivolous, the User will pay Elyxir all fees (including attorney’s fees) associated with the Arbitration.

Elyxir may revise or modify these Terms at any time at its sole discretion. We may notify you via email, in-app notice, or posting on the Platform. Any changes are effective 30 days after posting unless a later effective date is indicated. Continued use after changes constitutes acceptance. If you do not agree with Elyxir’s modifications to any Terms, you must cease usage of the Platform prior to the effective date of such revisions or modifications.

18.1 Entire Agreement: These Terms, plus referenced policies and policies published throughout the Platform, constitute the entire agreement between you and Elyxir regarding the subject matter herein.

18.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified, limited, or eliminated to the minimum extent necessary to remain valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect. The invalidity of one provision shall not affect the validity of the remaining Terms, which shall continue to govern the relationship between the parties.

18.3 No Waiver: No failure or delay by Elyxir to enforce any provision constitutes a waiver of such provision or any other provision of these Terms.

18.4 Assignment: You may not assign rights or obligations under these Terms without Elyxir’s prior written consent. Elyxir may freely assign, transfer, or delegate its rights and obligations in any manner without restriction.

18.5 Notices: Elyxir may provide notices via email, Platform messages, or posting on the Platform. Notices to Elyxir shall be sent to [email protected] unless a different address is expressly specified.

18.6 Third-Party Beneficiaries: Except as expressly provided in these Terms, no person or entity other than you and Elyxir shall have any rights or remedies under these Terms or be deemed a third-party beneficiary thereof. Nothing in these Terms, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever. Any agreements made for the benefit of third parties are solely at Elyxir’s discretion and do not grant such parties independent rights to enforce these Terms.

18.7 Force Majeure: Elyxir shall not be held liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, governmental actions or orders, labor disputes or strikes, power outages, telecommunications or internet failures, civil unrest, acts of terrorism, war (declared or undeclared), embargoes, or other force majeure events.

In the event of a force majeure occurrence, Elyxir’s obligations shall be suspended for the duration of the event. Elyxir shall make reasonable efforts to resume performance as soon as practicable, but shall not be required to procure substitute services or incur additional costs to do so. Elyxir reserves the right to terminate or modify the availability of the Platform if the force majeure condition persists for more than thirty (30) consecutive days.

Virtual Gaming Products, Inc., DBA Elyxir

7323 Starward Drive #2

Dublin, CA 94568, United States

Email: [email protected]

Phone: +1 (510) 899-9981

By using or accessing Elyxir, you affirm that you have read, understood, and agree to be bound by all Terms. In any case, the creation of a User account using the Platform constitutes agreement to all Terms.

For your convenience, links to certain policies intended to be part of the Agreement and posted on the Platform may be provided and included at the beginning of the Terms. Any additional postings by Elyxir are still part of the Agreement and future postings, whether included in this list or not, are applicable and binding to all Users so long as Users are given notice in accordance with Section 17 of the Terms. In the absence of such notice, the last binding Agreement applies to a User.