Summary. If you are a rightsholder (a game publisher, an anti-cheat vendor or their representative) or one of our customers and you disagree with anything we do, write to legal@xernel.cc. We will acknowledge your claim within 3 business days, give you a substantive response within 10 business days (10 calendar days for customers), and we are prepared to discuss reasonable compromises. We ask that court proceedings are started only after the procedure below has been followed, and we hold ourselves to the same rule.
1. Our Approach
Xernel (“we”, “us”) sells licenses for third-party software for PC games. We understand that such products can affect the interests of game publishers, anti-cheat vendors and other rightsholders, and we recognise their right to protect those interests. We are not affiliated with or approved by any game publisher or developer, and trademarks on our website are used only nominatively, to indicate compatibility.
We believe most disagreements can and should be resolved without litigation:
- every claim is reviewed on its merits, not as a formality;
- we respond within the stated timelines, even when we disagree;
- we are open to negotiation and to finding a solution that works for both sides;
- we do not retaliate against anyone who submits a claim in good faith.
1.1. Our Attitude Toward the Games Industry
We respect game publishers and anti-cheat developers and value their work: without great games and stable infrastructure, our project would not exist either. We do not seek to harm the games industry, rightsholders’ businesses or other players’ experience, and we organise our work to minimise any such harm:
- our products operate only on the client side and do not touch publishers’ servers, infrastructure or data (section 2);
- we strive to operate in compliance with applicable law, work through licensed payment providers and pay taxes on the revenue received through our website;
- we comply with personal data protection and anti-money-laundering requirements (see our Privacy Policy and AML Policy);
- we publish our rightsholder procedure openly and keep to the response times we state.
We ask that you do not start with a lawsuit. If a publisher, anti-cheat developer or other rightsholder has concerns about our activities, please write to legal@xernel.cc. Every such request will be reviewed on its merits, and we are ready to look for a compromise, from restricting sales for a specific game or region to other solutions acceptable to both sides (clause 3.5). We believe direct dialogue is faster and less costly for everyone than litigation.
2. Product Scope: Client-Side Only
Our products are designed as client-side modifications that run solely on the user’s own device and interact only with the game client running on it. The following are not part of any of our products and are strictly prohibited:
- server-side exploits;
- attacks on, or interference with, game servers or backend infrastructure;
- denial-of-service attacks or any other attempt to overload servers;
- exploiting vulnerabilities in publishers’ servers or services;
- unauthorised access to other players’ accounts or data;
- any other action that harms the server side.
Any such use is a ground for immediate termination of the license without refund. If you have information about such use connected to our products, please tell us — we treat these reports as a priority.
3. Part A — Claims from Rightsholders
3.1. Contact Channel
The priority — and only official — channel for claims is legal@xernel.cc, with “Rightsholder Claim” in the subject line. Notices that concern copyright only (a request to remove specific material) go to the same address with “Copyright notice” or “DMCA notice” in the subject, under our Copyright Notices Policy. Support tickets are for customer matters, and Telegram and Discord are community channels, not channels for legal notices.
legal@xernel.cc is Xernel’s sole official email address. Messages sent in Xernel’s name from any other address do not come from us, and messages sent to any other address claiming to belong to Xernel are not received by us.
3.2. What a Claim Should Contain
To let us review your claim quickly and substantively, please include:
- the name of the rightsholder and, if a representative sends the claim, evidence of authority;
- the right you believe is affected (trademark, copyrighted work, software, etc.) and information about it (for example, trademark registration numbers);
- the specific products, pages or materials concerned (exact URLs or another precise description);
- the nature of the alleged infringement and the legal basis of your position;
- what you are asking us to do, or the solutions you propose;
- a contact person and preferred means of communication for negotiations;
- a statement that the information in the claim is accurate and submitted in good faith.
These elements follow the notice-and-action principles of the Digital Services Act (Regulation (EU) 2022/2065). An incomplete claim will not be left unanswered: within the acknowledgment period we will tell you what is missing.
3.3. Timelines
- Acknowledgment — within 3 business days, with a reference number and the name of the person handling your claim.
- Substantive response — within 10 business days of receiving a complete claim: our position, the measures taken or proposed and, where we disagree, our reasons.
- Complex cases — if technical or legal analysis is needed, we will send an interim response before the 10 business days expire, explaining why and giving a new date no more than 10 further business days away.
3.4. Interim Measures
Where a claim is supported by credible evidence, we are prepared to consider voluntarily pausing sales of the product concerned, or the publication of the material concerned, while negotiations are ongoing. Such a step is not an admission and is without prejudice to either side’s position.
3.5. Options We Are Prepared to Discuss
Options we are prepared to discuss, alone or in combination, include:
- delisting products for a specific game title;
- geographic restrictions — stopping sales or operation of a product in specific countries or regions;
- game-mode restrictions — for example, disabling functionality in ranked or competitive modes or at official tournaments;
- removing or replacing the rightsholder’s trademarks, logos, images and other materials on our website and in marketing;
- changing product descriptions and advertising wording;
- removing specific material on notice (takedown);
- discontinuing updates for a specific product;
- any other compromise proposed by either party.
Agreements reached are recorded in writing and implemented within the agreed time. If a solution affects licenses customers have already paid for, we will settle that with them ourselves (a transfer to another product or a refund) under our Refund Policy.
3.6. How We Negotiate
- in good faith, without unnecessary delay or tactical manoeuvring;
- with a named person on our side responsible for each claim;
- by video call on request;
- with the outcome of each meeting confirmed in writing by both sides.
3.7. Confidentiality
Correspondence and negotiations under this procedure are confidential and without prejudice. Offers and concessions made during negotiations are not admissions of any claim or fact and will not be disclosed to third parties unless the parties agree otherwise or disclosure is required by law. We do not publish our correspondence with rightsholders.
3.8. Mediation
If direct negotiations do not resolve the matter, we are willing to take part in mediation in the spirit of the Mediation Directive (2008/52/EC), or another form of alternative dispute resolution, before an independent mediator agreed by both parties. Unless agreed otherwise, the mediator’s fees are shared equally. Participation is voluntary for both sides.
3.9. Litigation as a Last Resort
Under our contractual pre-trial procedure, we ask that court proceedings are started only after this procedure has been followed and no earlier than 30 calendar days after we received the claim, unless the parties agree to extend that period. This gives time for a proper review, negotiation and, if wanted, mediation. It does not prevent anyone from seeking urgent interim relief or from acting to protect a limitation period. For our part, we will not start proceedings against a rightsholder without first sending a written claim and observing the same period.
3.10. Customer Data
We do not disclose customers’ personal data to rightsholders as part of negotiations. Such data is disclosed only where applicable law requires it (for example, under a court order), as described in our Privacy Policy.
4. Part B — Pre-Trial Claims by Customers
4.1. Start with Support
Most issues (key not delivered, technical problems, refunds) are resolved fastest through a ticket on our Support page.
4.2. Written Claim
If you are not satisfied with the support outcome, send a written claim to legal@xernel.cc with “Customer Claim” in the subject line, including:
- your order number and the email address used at checkout;
- a description of the problem and when it occurred;
- what you are asking for (refund, replacement, license extension, other);
- your support ticket number, if any;
- any supporting material (screenshots, error messages).
4.3. Timelines
- acknowledgment — within 3 business days;
- substantive response — within 10 calendar days of receiving your claim;
- if a refund is granted — payment initiated within 10 calendar days of the decision (see our Refund Policy).
4.4. If We Still Disagree
We will propose alternative solutions and, if you wish, mediation as described in section 3.8. If the dispute remains unresolved, you may go to court. This procedure is a request to you and a commitment from us; it does not limit your consumer rights, including those under the Consumer Rights Directive (2011/83/EU) and the Digital Content Directive ((EU) 2019/770), your right to sue in the courts of your country of residence under the Brussels I bis Regulation ((EU) No 1215/2012), or your access to the competent out-of-court consumer dispute resolution bodies of your country.
5. Part C — Payment Providers and Authorities
We normally respond to inquiries from our payment providers (FreeKassa, Card2Crypto) within 3 business days and provide order records to the extent needed to review disputed transactions and compliance checks. Requests from public authorities are handled in the manner and within the time required by applicable law, after verifying their authority and legal basis.
6. Contacts and Timelines at a Glance
- All claims and notices (including copyright notices): legal@xernel.cc — our sole official email
- Customer support and refunds: on-site tickets
- Telegram and Discord — community channels, not for legal notices
- Acknowledgment of any claim — within 3 business days
- Substantive response — within 10 business days (customer claims — within 10 calendar days)
- Court proceedings — no earlier than 30 calendar days after a claim is sent