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CD PROJEKT RED USER AGREEMENT
last updated: 17 JULY 2025
in effect from: 16 AUGUST 2025
First Things First
1. Hi! So great to see you here!
2. What you see here are the rules that regulate how you can use our video games (Game(s)) and/or other services that we may offer from time to time (Service(s)).
3. Before we let you read on, we need to address our customers from the United States. Apologies for the corpo yelling; they told us we had to.
DEAR U.S. USERS, PLEASE SEE IN PARTICULAR SECTION [BINDING ARBITRATION AGREEMENT]), WHICH APPLIES TO YOU. THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION/REPRESENTATIVE-TYPE ACTION WAIVER. ARBITRATION PRECLUDES BOTH YOU AND US FROM SUING IN COURT OR HAVING A JURY TRIAL. WHILE WE MUST AGREE TO THESE PROVISIONS, THERE IS AN OPTION, DESCRIBED BELOW, FOR YOU TO OPT OUT OF THE ARBITRATION AGREEMENT. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS FROM ACCEPTING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION.
YOU MAY NOT USE ANY OF OUR GAMES AND/OR SERVICES IF YOU (1) DON’T AGREE TO THIS AGREEMENT, (2) ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING AGREEMENT OR DON’T HAVE PARENTAL AUTHORIZATION TO USE OUR GAMES AND/OR SERVICES, OR (3) ARE PROHIBITED FROM ACCESSING OR USING OUR GAMES AND/OR SERVICES BY APPLICABLE LAW.
4. These rules become a legally binding agreement (Agreement) between you and us from the moment you acquire a license or legal access to a Game or a Service, in particular when you buy, receive as a gift, download, install, or use a Game (whichever is sooner), or start using a Service. We make sure you have a chance to read them before you access a Game or a Service. They’re important, so we made them not awfully long and hopefully quite easy to understand. Please read them! By accepting these rules you represent and warrant that you have the full power and ability to enter into the Agreement and that you'll follow its terms.
5. By “us” we mean CD PROJEKT S.A. We’re the company behind the award-winning CD PROJEKT RED development studio. Our headquarters is in Poland, at ul. Jagiellońska 74, 03-301 Warsaw. We’ll also refer to ourselves as “we”, “CD PROJEKT RED” or, well, “ourselves”. Having to explain grammar in an agreement never ceases to feel a bit silly, but that’s what they teach at Oxenfurt.
6. Anyway, our studio spans across several companies from the CD PROJEKT capital group. At the end of the day, however, we are the party to the Agreement, so if you need anything Agreement-related, contact us at our correspondence address (see point 5) or at http://mailto:legal@cdprojektred.com.
Products Covered by This Agreement
7. This Agreement applies to all of our Games and/or Services (except for those listed in point 8), in particular:
* The Witcher, The Witcher 2: Assassins of Kings, The Witcher 3: Wild Hunt, The Witcher Adventure Game, Cyberpunk 2077, GWENT: The Witcher Card Game, Thronebreaker: The Witcher Tales, GWENT: Rogue Mage, Roach Race, The Flame in the Flood, Drake Hollow, and all other video games we produce and/or publish, as well as any in-game content, expansions, extensions, patches, downloadable content (DLC), game keys/codes, and any promotional materials,
* cyberpunk.net, thewitcher.com, cdprojektred.com and any other CD PROJEKT RED websites,
* CD PROJEKT RED Accounts,
* CD PROJEKT RED forums, wikis, blogs, social media accounts, and discussion boards,
* CD PROJEKT RED customer and technical support.
8. This Agreement does NOT apply to products where we have separate regulations:
* REDKit for The Witcher 2: Assassins of Kings (EULA available in REDKit files)
* REDKit for The Witcher 3: Wild Hunt
* RedMOD modding tools for Cyberpunk 2077
* cdprojekt.com website
9. By accepting this Agreement, you also agree to be bound by these documents, which are a part of this Agreement:
* CD PROJEKT RED Privacy Policy — Please read it to learn how we process your personal data,
* Fan Content Guidelines — Please read them if you’re a creative type and want to make some content derived from or based on our Games, Services, or other products, to learn what you can and cannot do,
* CD PROJEKT RED Community Rules — Please read them if you want to be involved in all kinds of discussions about our Games and Services on our official forums and other discussion boards.
10. You can play Games and/or use our Services on different devices or platforms. Depending on your choice, you may need to accept the terms and conditions or license agreements of your chosen device, system, and/or digital distribution platform. Sometimes you’ll also find links to third party websites or content through our Games and/or Services. Just so you know, we don’t control any of those things and we don’t take responsibility for them being safe, working properly, or anything else. If you have any doubts about them, contact their respective providers.
Age Ratings and Obligations of a Parent
11. Each of our Games has its own age rating, showing how old you need to be to play it. We certify our Games with competent rating authorities like PEGI and ESRB to make sure that we properly identify the target audience and take notice of all risks. The ratings may be different, depending on the region where you live. You'll always see the relevant rating of our Game before you buy it.
12. You’re not allowed to play our Game if you’re younger than the minimum age rating for this Game.
13. [A message to the parent or legal guardian of an underage player] Greetings! We would like to remind you that if you accept this Agreement on behalf of a minor in your care, you are responsible for supervising their use of our Game and/or Service. By accepting this Agreement you acknowledge that you might be (or if you are a U.S. resident - you agree to be) financially and legally responsible for all uses of a Game and/or Service by the minor, regardless of whether you explicitly authorized such uses.
Content / Trigger Warnings
14. Some of our Games and/or Services contain scenes and images of violence, sexuality, and drug use that some people may find disturbing. Please keep that in mind before you start playing a Game or using a Service, especially if you're sensitive to such content or know it may be a trigger for you. You can check content descriptors in the details of our Games’ ratings to get an idea of what to expect in a given Game.
15. Some of our Games and/or Services may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before using our Games and/or Services. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game or using the Service, immediately stop and consult your doctor.
What You Can Do With Our Games and/or Services
16. Under this Agreement we give you a personal, limited, revocable, non-exclusive, non-transferable, and non-assignable licence to display, view, download, install, play, and use our Games and Services on your personal computer, games consoles, and/or other devices/platforms that are explicitly authorised by CD PROJEKT RED (which are listed separately for each game on their respective websites). This basically means: you (and only you) can access, install, and play the Game and/or use the Service that you bought or accessed (if it’s a free Game or Service) on your chosen platform (e.g. PC, console), for as long as it’s available, and have fun while doing so (playing Games in particular). If you break the rules, we can revoke your access (see sections [What You Cannot Do With our Games and/or Services] and [Termination of the Agreement] below).
What You Cannot Do With our Games and/or Services
17. We are a team of passionate people doing our best to bring you a good time. It’s not only our passion, but also our job. We ask you to respect our effort and be fair to us and to each other, as we are to you. Please don’t do any of the things described in this section. If you do, we'll consider it a “material breach” of this Agreement. This means that we may suspend and/or terminate your access to our Games and/or Services or — in the most serious cases — ban you permanently from using our Games and/or Services and otherwise enforce our rights under the law and this Agreement. But let’s choose not to walk this Path. You can find more details about our moderation policy in our CD PROJEKT RED Community Rules.
18. [No illegal use] Don’t use our Games and/or Services in a way that is forbidden by any applicable laws or regulations. Follow any applicable geographic or regional, language, or location-based restrictions, requirements, or rules regarding our Games and/or Services.
19. [No commercial use] Our Games and/or Services are made for you to enjoy. Don’t use them commercially (e.g. to make money) unless we expressly allow that (see our Fan Content Guidelines).
20. [No transfer] Don’t copy, rent, buy, sell, lend, share, lease, sublicense, transfer, distribute, publish, or publicly display our Games and/or Services or any of your rights under this Agreement, unless we expressly allow that in this Agreement or it is allowed by the applicable law. Also, don’t steal or misappropriate game keys/codes (all of which remain our property). If you're concerned that any of this has happened to you, contact our Technical Support team.
21. [No technical misuse] Don’t modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile, or disassemble our Games and/or Services, unless we expressly allow that in this Agreement or it is allowed by the applicable law.
22. [No hacking or cheating] Don’t create, use, make available and/or distribute cheats. By cheats we mean things like exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, or other software that interact with or affect our Games and/or Services in any way (including any unauthorised third party programs that collect information about our Games and/or Services by reading areas of memory used by our Games and/or Services to store information).
23. [No sabotaging or impersonating] Don’t deliberately or maliciously interrupt or interfere with our Services like customer or technical support or impersonate our staff.
24. [No messing with our IT] Don't deliberately or maliciously interfere with, disrupt, or access restricted areas of our or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with our software, through protocol emulation, or through creation or use of private servers or any analogous services regarding our Games and/or Services.
25. [No data mining] Don’t intercept, mine, or otherwise collect personal or confidential data or information from our Games and/or Services. Additionally, don’t reproduce, extract, or otherwise use our Games and Services or any works included there for the purposes of text and/or data mining.
26. [No name use] Don’t use the names, logos, or trademarks of CD PROJEKT RED and/or any of our capital group companies or Games and/or Services for any unauthorised purposes.
27. [No infringing content] Don’t do anything in connection with our Games and/or Services that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other rights.
28. [No malicious code] Don’t upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code, or that may in any way damage or interfere with the operation of our Games and/or Services.
29. [Don’t be mean] Don't do or say anything or use our Games and/or Services in any way that is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory, or otherwise offensive or illegal. Just be nice to each other, please!
Beta Access
30. We may release beta (i.e. not yet totally finished) versions of our Games and/or Services before their full commercial release. In such cases:
* your access to the beta will usually be time-limited and there may be some additional contract terms;
* you'll probably be asked to participate in a feedback process in which you can offer information about how the beta works;
* the beta software will be provided 'as is' without any additional promises from us or any liability on us if the software isn't complete or doesn't work fully or causes issues. After all, that's the point of us giving you beta access: you get beta access to something new, but you recognise that it won't be complete yet and that it may be changed significantly before a full release; and
* the Game or Service may have specific legal rules of its own for its beta, so check them out.
System Requirements
31. Each of our Games and Services will have minimum system requirements that your device, system, and/or platform must meet to run it. You’ll find them, for example, on the product pages of our Games on digital distribution platforms or on the sleeve insert of the box versions of our Games. Please make sure that your gear meets these requirements, especially before you buy any of our Games, or they may not work properly or even at all. Please remember, that due to certain circumstances such as technological advancements, we may have to change the minimum system requirements from time to time. In such a case we'll notify you a one hundred and twenty (120) days in advance by sending an email, via push notification or pop-up notification. If the changes in minimum system requirements have a considerable adverse effect on the usability and accessibility of the Games or Services by you, such notification will be via email or another durable data medium.
32. Online elements of our Games or Services may need internet access too. We don’t include any DRM in our games ourselves, but some console/device manufacturers use security technology which may, for example, require you to go online to activate or play your purchased Game, which is beyond our control.
Monitoring
33. We may deploy software tools that run in the background of your device or related devices/peripherals when you use our Games to improve your in-game experience, prevent things listed in section [What You Cannot Do With our Games and/or Services], protect the integrity of our Games and/or Services, and enforce this Agreement. Some of these tools will be optional and we'll only deploy them if we get your consent. If we need to introduce any mandatory tools, we'll tell you about them first (e.g. in-game or on our websites).
Patches, Updates and Changes
34. From time to time we may need to patch or update our Games and/or Services, especially to:
* introduce security improvements, bug fixes, and performance enhancements
* ensure compatibility and adapt to changes in technical infrastructure or third-party dependencies
* address legal and/or compliance requirements
* introduce new features and content, rebalance gameplay, and/or provide other necessary adjustments and/or improvements
* provide usability and accessibility enhancements,
* introduce features and/or improvements based on analysis of user feedback and/or community requests
* limit or discontinue obsolete or unsustainable features of Games and/or Services when reasonable.
This may result in required and/or automatic updates. We generally encourage you to install them as soon as possible, because (1) they make the Game and/or Service better, and (2) older, non-updated versions of our Games and/or Services may become unusable over time and/or cause security risks. If you don’t install updates including security improvements and/or bug fixes within four (4) days from the date that we made them available for you, we’ll not be liable for any resulting damage (unless we failed to share sufficient installation instructions). A warrior must adapt with the times, take it from Vesemir.
Our IP Rights to the Games and/or Services
35. Right beside your rights to the Game or Service (described in section [What You Can Do With our Games and/or Services]), there are our rights to them that you should know about and respect.
36. All our Games and/or Services, including (but not limited to) their visual components, characters, storylines, artwork, animations, designs, items, music and sound effects, dialogue, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data, and all other content and all Intellectual Property Rights (defined in point 40 below) and other legal and exploitation rights regarding them, are either owned by us or we license them from third parties.
37. All rights in our Games and/or Services are reserved, except as we have explained in this Agreement.
38. You may not use or exploit any part of our Games and/or Services, except as explained in this Agreement and/or our Fan Content Guidelines.
39. Our Games and/or Services and their Intellectual Property Rights are protected by copyright, trademark, and other intellectual property laws worldwide.
40. By “Intellectual Property Rights” we mean any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights, and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations, and reversions regarding any of the same.
41. Since we want others to respect our Intellectual Property Rights, we also commit to respecting Intellectual Property Rights of others. If you believe that we infringed your work in or through our Games and/or Services, please contact us at http://mailto:legal@cdprojektred.com or by mail to: Legal Team, CD PROJEKT S.A., ul. Jagiellońska 74, 03-301 Warsaw, Poland. Your notice must include the following information:
* An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
* A description of the copyright-protected work;
* A description of the infringing material and where it is located;
* Your address, telephone number, and email address;
Please also include the following statements:
* "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
* "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Please see 17 U.S.C. § 512(c)(3) for further details. We may send a copy of your DMCA notice, including any contact information you provide, to the alleged infringer.
If your content was removed or disabled due to a DMCA notice and you believe it was removed in error or that you have the right to use it, you may submit a counter-notice to our Copyright Agent at dmca@cdprojektred.com or by mail to CD PROJEKT S.A., ul. Jagiellońska 74, 03-301 Warsaw, Poland, Attention to Legal Department, or by phone to (+48) 22 519 69 00.
Upon receiving a DMCA counter-notice, we may forward it, including any contact details you provide, to the original complainant. If the copyright owner does not file a legal action within ten (10) business days, we may reinstate the content.
Feedback and Crash Reports
42. We appreciate community feedback and suggestions. If you want to share your experience or ideas with us, go to our forums and post away! We hear monster slayers for hire pay attention to such notice boards.
43. If something goes wrong with our Game or Service, we may ask you to send us a crash report to help us understand and/or improve it in the future. These reports may include some personal data. It’s up to you to decide if you want to send it to us or not. To find solutions to and report bugs and technical issues in CD PROJEKT RED Games and Services use the Technical Support website.
44. If you share your feedback, suggestions, and/or crash report with us, please know that we are free to decide what to do with it. In any case, we don’t have to use it or act upon it in any way. If we decide to use it, in whatever scope or degree, we don’t have to credit you and/or pay you anything. We also don’t take any responsibility and/or liability for feedback, suggestions, and/or reports.
Our Warranties
45. We warrant (assure you) that we have the right to enter into this Agreement and to grant you the licence to use our Game and/or Service (described in section [What You Can Do With Our Games and/or Services]).
46. In addition to our legal obligations, we'll make commercially reasonable efforts to maintain and support our Games and Services.
Our Liability to You
47. The purpose of this section is to define our legal liability, which works differently depending on where you live. In particular, this section doesn’t apply at all to residents of the European Union or countries whose laws specifically prohibit reserving the following limitations. It does apply, however, to residents of other countries (e.g. the United States).
48. You use our Game or Service at your own risk.
49. Neither we, nor our affiliates, partners, and/or licensors accept any implied or express warranties or representations regarding our Game and/or Service, other than those that we expressly included in this Agreement.
50. Our Game and/or Service is provided to you on an "as is", “as available” basis without warranties or representations of any kind, express or implied, and we are not liable for any loss, damage, or harm of any kind arising from your use of or inability to use our Game and/or Service.
51. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to our Game and/or Service, including: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within our Game and/or Service. We don’t warrant that our Game and/or Service will be uninterrupted or error-free, that defects will be corrected, or that the Game and/or Service will be free of viruses or other harmful components.
52. To the maximum extent permitted by applicable law, neither we, nor our affiliates, partners and/or licensors, are liable to you for any loss of profits, charges, or expenses, including relating to those of a third party, loss of data, or any corruption or loss of information or any loss of business opportunity or any special, indirect, punitive, exemplary, or consequential loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence, breach of statutory duty, breach of contract, breach of warranty, or strict liability), misrepresentation, restitution, or otherwise whether or not the relevant party has been advised of the possibility of such damage.
53. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AND OUR AFFILIATES’, PARTNERS’, AND LICENSORS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH OUR GAMES AND/OR SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S). THIS IS YOUR SOLE AND EXCLUSIVE REMEDY. Sorry for yelling, corpo’s orders.
54. If you live in the state of California, you're entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.
Your Indemnity Towards Us
55. You agree to indemnify and hold us and our affiliates harmless (and keep us and them indemnified and held harmless) from all damages, liabilities, claims and expenses, including reasonable legal fees, in connection with: (a) any breach of this Agreement by you, including your use of Games and/or Services in violation of the applicable law; (b) the unlawful use of our Games and/or Services by you or any person on your behalf; and (c) infringement of our, and/or our affiliates’ Intellectual Property Rights, however always provided and only to the extent you're responsible for the action or omission that caused the damages, liabilities, claims, and/or expenses.
Termination of the Agreement
56. You can terminate this Agreement at any time by simply sending us an e-mail to eula@cdprojektred.com and by stopping using our Games and Services permanently. Where this Agreement applies to Games and/or Services we provide on an on-going basis (Live Services), which we generally commit to provide and maintain for two (2) years from the moment we start providing them, we too can terminate this Agreement, which means cancelling and/or suspending your access to our Games and/or Services. We reserve that right for really serious (or “material”) cases, meaning those listed in section [What You Cannot Do With Our Games and/or Services] or other serious breaches of this Agreement which could cause real harm to our Game or Service, its users, us, and/or our affiliates, licensors, and/or partners.
57. Where reasonably possible, we'll try to contact you to explain why we have done this and what (if anything) you can do as a result.
58. We may also need to terminate this Agreement without any breach on your part, if any of the following happens:
* we discontinue or retire a Live Service, in whole or in part, e.g. on a particular platform,
* we undergo a merger, acquisition, or corporate restructuring that affects a Game and/or Service
* we are required to do so by law, regulation, or a binding order from a governmental authority,
* continuing to provide a Game and/or Service becomes impractical due to technological, operational, or business reasons,
* a Game and/or Service relies on third-party providers or platforms that cease to support them,
* maintaining or offering a Live Service is no longer financially viable for us,
* we choose, at our sole discretion, to discontinue offering a Live Service under this Agreement.
In such cases we'll give you at least one hundred and twenty (120) days advance notice by posting a note on our website. In this case, we won’t have any future obligations or liabilities to you (it won’t affect already existing rights or obligations — neither ours or yours).
Force Majeure
59. This fancy phrase basically means that neither we, nor you, will be liable for not performing our respective obligations under this Agreement if it is caused by specific circumstances. We don’t have to call them force majeure, to be honest. We can call them anything we like. We can call them Eredin.
60. In this Agreement “Eredin” means any cause preventing a party to this Agreement from performing any or all of their obligations, which arises from or is attributable to acts, events, omissions, or accidents beyond the reasonable control of the party so prevented, including strikes, lock-outs, or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of God, war or terrorist activity, riot, rogue AIs from behind the Blackwall, civil commotion, Conjunction of the Spheres, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, pandemics (e.g. the Catriona Plague), fire, flood, or storm, or default of suppliers or sub-contractors.
61. So, for example, we won’t be liable to you for the fact that our Game or Service is not available for some time, if it’s caused by Eredin.
Governing Law and Resolving Disputes (Doesn’t Apply to Users From the U.S.)
62. Your use of our Games and/or Services, and this Agreement, is governed by and should be interpreted according to the laws of Poland. If you habitually reside in the European Union, you also enjoy protection of the mandatory provisions of the law of your country of residence to the extent these provisions are more favourable for you.
63. If you have an issue regarding our Games and/or Services (e.g. you encounter a bug), we encourage you to contact our Player Support. If the issue cannot be resolved this way this section explains how you and CD PROJEKT RED agree to resolve any disputes.
64. Let’s agree that both we and you will make reasonable and good faith efforts to resolve any dispute informally.
65. We really want to make sure that all relevant issues are being taken care of. Unfortunately, sometimes we are more swamped than Velen or need to dig deeper and this is why it may take longer for us to respond. Nevertheless, if you and us don’t resolve the dispute within 30 days from the day you inform us about your concern or issue and you do not want to wait, the next steps depend on where you live.
66. If you reside in the European Union, you're entitled to submit your complaint to any out-of-court dispute settlement body that has been certified by the Digital Services Coordinator of the Member State where such a body is established. If you live elsewhere (for the U.S. see section [Binding Arbitration Agreement (Applies Only to Users From the U.S.)])) or you don’t want to use out-of-court dispute settlement or you have used it and it didn’t help resolve our dispute, both you and us have the right to take our dispute to court.
67. Unless you reside in the European Union, any dispute regarding our Games, Services, and/or this Agreement must be brought before the courts of Poland (exclusive jurisdiction). If you reside in the European Union, you can bring your claim before the courts of Poland or the courts for the place where you're domiciled. In such disputes, the winner will be entitled to recover their legal fees and expenses from the party that lost.
68. If you bring a claim against us, you must send a physical copy of your pleading to “Legal Team, CD PROJEKT S.A., ul. Jagiellońska 74, 03-301, Warsaw, Poland” as well as a digital copy to http://mailto:legal@cdprojektred.com.
69. Regarding this Agreement, please contact us at our email address: eula@cdprojektred.com or by phone: (+48) 22 519 69 00 (operated out of Poland, standard call charges apply).
Governing Law and Resolving Disputes (Applies Only to Users From the U.S.)
70. Sorry again, we need to yell this one too. IF YOU RESIDE IN THE UNITED STATES OF AMERICA, PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS, GROUP, OR REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL OR AS A THIRD PARTY. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DON’T OPT-OUT, THESE TERMS WILL APPLY TO YOU.
71. You and we agree that your use of our Games, and/or Services, as well as this Agreement, and all claims or causes of action (whether sounding in contract, tort, any statutory cause of action, or any other legal theory) that may be based upon, arise out of, or relate to this Agreement, the use of our Games and/or Services, your and our rights and responsibilities, and all other disputes between the parties are governed by, and should be enforced in accordance with, the laws of California, without regard to or application of conflict of law. Any claims you and we may have against each other, to the extent not covered by the arbitration provision in section [Binding Arbitration Agreement (Applies Only to Users From the U.S.)]) below, will be made exclusively in state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. You waive any rights to argue that the state and federal courts in Los Angeles, California are an improper venue.
72. If you have concerns or issues regarding our Games or Services, we hope they can be resolved quickly and amicably through our Support service.
73. You and we agree that both parties will make reasonable and good faith efforts to resolve any such Dispute (as defined in point 80) informally, within thirty (30) days. The period will start when you send us a written notice describing your claims or when we send you a similar notice if we have a Dispute against you (“Notice of Dispute”).
74. Any Notice of Dispute must include the following at a minimum: (a) your full legal name, email address, and, if you play on console, your user name, or game tag; if you play on PC, we need you to share with us a screenshot of the game library together with an account name on a given storefront and a proof of purchase (b) a detailed description of your claim or Dispute with us, including dates, (c) the specific damages or other remedy or remedies that you're seeking.
75. If you're sending us a Notice of Dispute you must send a physical copy to “Legal Team, CD PROJEKT S.A., ul. Jagiellońska 74, 03-301, Warsaw, Poland” as well as a digital copy to http://mailto:legal@cdprojektred.com.
76. If we have a Dispute with you, we must first send a written Notice of Dispute detailing the dispute and sending it to you by mail, email or in-app notice.
77. Once any of us sends the Notice of Dispute we'll initiate an informal dispute resolution.
78. If you and we don’t resolve the Dispute within those thirty (30) days, you can file a formal arbitration demand according to the requirements described in section [Binding Arbitration Agreement]).
Binding Arbitration Agreement (Applies Only to Users From the U.S.)
79. To the fullest extent allowed by law, we and you agree to formally resolve all Disputes in individual binding arbitration.
80. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and us that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use of our Games and/or Services, all marketing related to our Games and/or Services, your or third-party use of our Games and/or Services, any licensed content, virtual currency, virtual goods, and all matters relating to or arising from this Agreement (including our Privacy Policy and all other terms incorporated into this Agreement) or any other agreement between you and us, including any disputes over the validity, enforceability, or interpretation of this arbitration agreement. Our Dispute shall be subject to provisions of this section, regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, and negligence), or any other legal or equitable theory.
81. “Arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator (not a judge or jury). Just so we and you are clear: by choosing arbitration you and we are giving up the right to have any Dispute between us heard in court (before a judge and/or jury) except as specifically provided in this Agreement (for instance, if either of us has a Dispute that is subject to small claims court jurisdiction, either of us can choose to litigate the Dispute in small claims court). See points 95 through 97 for the list of exceptions. You agree that the provisions in this paragraph will survive any termination of your access to our Games, Services, and/or this Agreement.
82. You and we understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. The parties waive their rights to a jury trial and to have any Dispute resolved in court.
83. [Delegation; Interpretation] The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all Disputes, including, but not limited to, any claim that all or any part of this Agreement are void or voidable. This arbitration agreement is intended to be broadly interpreted and will survive termination of this Agreement.
84. [Severability] If any provision of this arbitration agreement is found unenforceable, that provision will be severed, and the rest of the arbitration agreement will remain in full force and effect. If a court decides that applicable law precludes enforcement of this arbitration agreement as to any particular claim, then that claim must be severed from the arbitration, while the remaining claims will still be resolved through binding arbitration.
85. Unless a shorter statute of limitations is stipulated by the applicable law, we and you agree that any claim arising out of or related to our Games and/or Services must be made within two (2) years after the claim arose; otherwise, such claim is permanently barred. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation, or any other legal or equitable doctrine.
86. The rules for the arbitration are set out below.
87. The dispute resolution and arbitration provisions in this section shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”) and the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”).
88. The arbitration will be administered by a single arbitrator by JAMS. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file the Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.
89. Unless contrary to the JAMS Rules, or the arbitrator believes an in-person hearing is necessary, you and we agree that arbitration hearings may be conducted by video conference. If the arbitrator believes an in-person hearing is necessary the location of an arbitration hearing will be decided pursuant to the JAMS Rules.
90. In an arbitration, the arbitrator shall allow dispositive motions.
91. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party.
92. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us.
93. Notwithstanding anything to the contrary in this Agreement, if the arbitrator may not legally adjudicate or award a particular legal or equitable claim or remedy, such claim or remedy shall be stayed until all other claims and remedies are final and the arbitration completed, after which the federal or state court may adjudicate the remaining claim or remedy. In doing so, the federal or state court is bound under the principles of claim or issue preclusion by the decision of the arbitrator.
94. The exceptions from the dispute resolution and arbitration sections (i.e. what the rules don’t apply to) are set out below.
95. [Exception: Litigation of Intellectual Property Claims] Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright or trademark infringement, Computer Fraud and Abuse, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Games and/or Services or in-game content under this Agreement. Such claims are subject to the jurisdiction and applicable law provisions in point 73 (applicable to U.S. residents).
96. [Exception: Small Claims Court Claims] Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider shall close the case.
97. [Exception: Mass Arbitration] For mass arbitrations (which are defined as twenty five (25) or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination), the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”) shall apply. In such proceedings, the parties agree that, notwithstanding any other provisions of this Agreement, the Process Administrator (as described in the JAMS Mass Arbitration Rules) and the arbitrators shall have the authority to implement the procedures set forth in the JAMS Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. All provisions of this section that are not in conflict with the JAMS Mass Arbitration Rules shall continue to apply. If these Mass Arbitration provisions and rules are found to be invalid for any reason, the parties agree that the arbitration agreement contained in this Agreement is severed, and the parties may resolve their Dispute in a court of competent jurisdiction.
98. [30-day Right to Opt Out] You have the right to opt-out and not be bound by the arbitration agreement by sending us a written notice via mail, or by any available internationally recognized delivery service (e.g., UPS, Federal Express, etc.) to “Legal Team, CD PROJEKT S.A., ul. Jagiellońska 74, 03-301, Warsaw, Poland”. You must sign and date the notice, and include in it your name, address, email address, and, if you play on console, your user name, or game tag; if you play on PC, we need a screenshot of the game library together with an account name on a given storefront and a proof of purchase, and a clear statement that you're opting out of this arbitration agreement. The notice must be sent within thirty (30) days of the date on which you first agree to this Agreement; otherwise you'll be bound by the arbitration agreement.
Class Action Waiver and Representative-Type Action Waiver (Applies Only to Users From the U.S.)
99. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER YOU NOR WE SHALL BE ENTITLED TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS OR OTHER REPRESENTATIVE-TYPE ACTIONS, TO CONSOLIDATE, TO JOIN, OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR TO PARTICIPATE IN OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY IN ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS. YOU AND WE ARE EACH EXPRESSLY AND UNCONDITIONALLY WAIVING SUCH RESPECTIVE RIGHTS. Woken up yet, samurai?
100. If the court or arbitrator finds the provision of point 99 (agreement to waive certain rights) illegal or unenforceable, you and we agree that it won’t be severable: the arbitration agreement will be deemed unenforceable and any claim or dispute will therefore be resolved in court rather than by individual arbitration.
Other Legal Stuff
101. [Severability] If any part of this Agreement is found not to be legally enforceable, this won’t affect any other part of it.
102. [Entire Agreement] Unless we specified something different in this Agreement, this Agreement, together with the other documents referred to within it, constitutes the entire agreement between you and us regarding this Agreement and supersedes any earlier oral or written agreements.
103. [No Third Parties] This Agreement regulates our mutual relationship with you. It doesn’t create any rights for anyone else, unless we explicitly say something different in this Agreement.
104. [Other Laws] Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to our Games, Services, nor this Agreement.
105. [Transfer] We can assign, subcontract, or transfer this Agreement to a third party or another company from the CD PROJEKT capital group if it’s necessary for the support of our Game or Service, as part of any reorganisation or merger or for other business reasons. We'll let you know if this happens.
106. [Delay] If either we or you don’t exercise any right or remedy provided in this Agreement or by applicable law, or don’t do it right away, it doesn’t mean that we waive that right or remedy. It also doesn’t mean that either we or you can’t exercise it in the future, unless we explicitly say something different in this Agreement. Similarly, if either we or you exercise a right or remedy once and/or partially, it doesn’t mean that either we or you can’t do it again and/or fully in the future.
Additional Terms for Android Users
107. If you’re playing our Game or using our Service on an Android device, you acknowledge that this Agreement is concluded between you and CD PROJEKT RED, and not with Google LLC, Google Ireland Limited, Google Commerce Limited or Google Asia Pacific Pte. Limited (“Google”). CD PROJEKT RED, not Google, is solely responsible for CD PROJEKT RED Games and/or Services and their content.
108. Your use of CD PROJEKT RED Games and/or Services will be subject to the terms of this Agreement, which grants you a non-transferable, limited license to use CD PROJEKT RED Games and/or Services on Android devices. In addition, your use of CD PROJEKT RED Games and/or Services will also be subject to usage rules set forth by Google in the Google Play Terms of Service.
Additional Terms for iOS Users
109. If you’re playing our Game or using our Service on an iOS device, you acknowledge that this Agreement is concluded between you and CD PROJEKT RED, and not with Apple Inc., (“Apple”). CD PROJEKT RED, not Apple, is solely responsible for CD PROJEKT RED Games and/or Services and their content.
110. Your use of CD PROJEKT RED Games and/or Services will be subject to the terms of this Agreement, which grants you a non-transferable, limited license to use CD PROJEKT RED Games and/or Services on Apple-branded products you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
111. You acknowledge that Apple is not responsible for providing any maintenance and support services regarding CD PROJEKT RED Games and/or Services.
112. You acknowledge and agree that CD PROJEKT RED, and not Apple, is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
113. In case you're entitled to a warranty under laws applicable in your jurisdiction, then in the event of any failure of CD PROJEKT RED Games and/or Services to conform to such warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid by you to Apple for CD PROJEKT RED Games and/or Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to CD PROJEKT RED Games and/or Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be sole responsibility of CD PROJEKT RED. Please note, however, that to the extent permitted by law CD PROJEKT RED has disclaimed or limited warranties in accordance with sections [Our Warranties] and [Our Liability to You] above.
114. You acknowledge that CD PROJEKT RED, not Apple, is responsible for addressing your or any third party claims relating to CD PROJEKT RED Games and/or Services or your possession and/or use of CD PROJEKT RED Games and/or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the CD PROJEKT RED games and services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
115. You acknowledge that, in the event of any third party claim that CD PROJEKT RED Games and/or Services or your possession and use of CD PROJEKT RED Games and/or Services infringes that third that third party’s intellectual property rights, CD PROJEKT RED, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property claims.
116. You acknowledge that (i) you're not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you're not listed on any U.S. Government list of prohibited or restricted parties.
117. You acknowledge and agree that Apple and Apple subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Additional Terms Regarding GWENT: The Witcher Card Game
118. [User Accounts] In order to play GWENT: The Witcher Card Game (GWENT) on PC you need to create a GOG user account. You also need to use the GOG Galaxy distribution system (or Steam account and Steam client, if you play on Steam) to download/play GWENT. These services have their own terms and conditions that are beyond our control and which you have to accept. The rules that apply to you if you play on a mobile platform are described in points 107 through 117 above.
119. You're responsible for protecting your GOG user account and for your account activities. First of all, keep your password secure! You’ve seen how far some bandits go for Gwent cards. In order to protect GWENT, GWENT users and ourselves, we reserve the right, if really necessary, to reject any user account if it would breach this Agreement or other legal rules referred to in here.
120. [[b]Patches and Updates][/b] Please remember that since January 1, 2024 we no longer actively support GWENT and we don’t plan to introduce any patches, updates, or changes other than automatic game balancing changes described below. Because of that, after some time GWENT might become unplayable on some devices, might not be playable on newer devices or operating systems, or might run less smoothly.
121. [Automatic Game Balancing] GWENT features an automatic way to balance the game through community votes. Every once in a while players will have a chance to vote on a particular balance change to existing cards. Once the voting concludes, the changes with the most votes are automatically introduced to GWENT. You can read up on specifics of this mechanism here. While we intend for this process to be fully automated, we reserve the right to interfere with these changes or stop the mechanism altogether if it is needed to keep GWENT running efficiently, for example if the changes have a negative impact on the game's balance or introduce bugs.
122. [Virtual Currency and Goods] GWENT allows you to acquire virtual, in-game digital items, and content including but not limited to GWENT card packs, cosmetic, and in-game enhancements, campaigns, and other downloadable content (Virtual Goods). If we allow it, you may be able to acquire certain Virtual Goods with “real world” money, or virtual currencies such as ‘Ore’ (which you can earn by playing the game) and/or ‘Card Scraps’ (which you can earn through the GWENT in-game crafting system and/or also by playing the game) or ‘Meteorite Powder’ (which you can acquire with “real world” money and/or earn by completing certain in-game activities) (we'll refer to them together as “Virtual Currency”). Only GWENT users can use Virtual Goods and Virtual Currency and they may be used only within GWENT. The local tavern won’t accept Card Scraps, as far as we’re aware.
123. Any content purchased in the GWENT in-game store or a store of the platform you use to access GWENT will be purchased from the applicable platform and will be subject to the terms and conditions of the given platform. Please check those terms and conditions as well as law applicable in your jurisdiction in case you would like to get a refund and follow them accordingly. We may decide not to restore any Virtual Goods or Virtual Currency which was not purchased with “real world” money.
124. Virtual Goods and Virtual Currency are digital items only, with no cash-value or real world existence and cannot be ‘bought’, ‘sold’, gifted, transferred, or redeemed, whether or not for other Virtual Goods, Virtual Currency, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Goods or Currency is prohibited (unless we specifically allow it in GWENT). Your right to use any Virtual Goods and/or Virtual Currency that you obtain is limited to a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable licence to use such Virtual Goods and Virtual Currency solely for your personal entertainment and non-commercial use in GWENT only. You have no property interest or right or title in any Virtual Goods or Virtual Currency, which remain CD PROJEKT RED’s property. CD PROJEKT RED reserves the right to request the applicable platform to reverse, change, or amend Virtual Goods or Virtual Currency transactions or other matters if necessary to protect GWENT or to enforce this Agreement.
125. In order to protect GWENT, GWENT users and to stop fraud, we may limit your use of Virtual Goods and Virtual Currency (including transaction limits and balance amounts).
126. Virtual Goods and Virtual Currency don’t expire, but we reserve the right to change or amend that if necessary. We don’t have to provide Virtual Goods or Virtual Currency to you.
127. The existence of a particular offer for Virtual Goods or Virtual Currency is not a commitment by us to maintain or continue to make the Virtual Goods or Virtual Currency or that offer available in the future. The scope, variety and type of Virtual Goods and Virtual Currency that you may obtain can change at any time and we have the right to manage, regulate, control, or modify Virtual Currency or Virtual Goods in our sole discretion if we consider any of this necessary for the ongoing operation of GWENT or for other legitimate reasons, in which case we'll have no liability to you or anyone for the exercise of such rights. We'll try, where possible, to give you reasonable notice of any such changes and to explain the reasons why. Additionally, we may, in our sole discretion, completely and indefinitely withdraw any and all offers of all Virtual Goods and Virtual Currency. Where possible, we'll try to give you at least sixty (60) days advance notice of such withdrawal of all Virtual Goods and Virtual Currency by posting a note on playgwent.com.
128. GWENT card packs (card kegs) contain random cards of different categories (regular, rare, epic, or legendary) with the following probability:
a) each card keg contains at least 1 rare card
b) one epic card can be found on average in 5 card kegs
c) one legendary card can be found on average in 20 card kegs
129. [Community Tournaments] If you want to organise a GWENT tournament, you need to follow the rules stated in this Agreement, in the CD PROJEKT Privacy Policy, and in the Community Tournament Guidelines.
Changes to the Agreement
130. We may change this Agreement if we think it’s necessary for one of the following reasons:
* we introduce new Game and/or Service that affects this Agreement,
* we discontinue or retire a Live Service, in whole or in part, e.g. on a particular platform,
* we undergo a merger, acquisition, or corporate restructuring that affects this Agreement,
* we are required to do so by law, regulation, or a binding order from a governmental authority,
* we need to address security, legal, and/or compliance requirements,
* continuing to provide a Game and/or Service becomes impractical due to technological, operational, or business reasons,
* a Game and/or Service relies on third-party providers or platforms that cease to support them,
* maintaining or offering a Live Service is no longer financially viable for us,
* we choose, at our sole discretion, to discontinue offering a Live Service under this Agreement
* changes or updates to our Games and/or Services referred to in point 34 affect this Agreement.
If so, we'll make the changed Agreement available online and make reasonable efforts to let you know about it (e.g. in-game, on our website or our social media channels). If we make any changes that in our reasonable judgment are material, we'll ask you to accept the updated Agreement. The changed Agreement will be deemed accepted by you if you don't terminate the Agreement (see point 56) within thirty (30) days of the date we announce the changes.
131. If you have any specific questions about the changes, you’re welcome to contact us at http://mailto:legal@cdprojekted.com.
132. If you don't agree to any of our changes (even if you don’t email us), then, unfortunately, we must ask you to stop using our Games and/or Services. It breaks our heart to say that, but we hope you'll understand that we need to have everyone under the same rules instead of different people having different rules, in order to keep our Games and Services working properly (and not go cyberpsycho). That's why we encourage you to drop us a line if you have questions or concerns — we’ll be happy to talk!
And speaking of talking, we sure did a lot! But you made it to the end of the Path, friend, and we appreciate you taking the time. We know that, while The Witcher and Cyberpunk 2077 are all about taking on contracts — to hunt down savage monsters or corrupted corporations or whatever else — they’re not usually of this variety. So preem job! Thanks from all of us at CD PROJEKT RED — the Legal team in particular!
last updated: 17 JULY 2025
in effect from: 16 AUGUST 2025
First Things First
1. Hi! So great to see you here!
2. What you see here are the rules that regulate how you can use our video games (Game(s)) and/or other services that we may offer from time to time (Service(s)).
3. Before we let you read on, we need to address our customers from the United States. Apologies for the corpo yelling; they told us we had to.
DEAR U.S. USERS, PLEASE SEE IN PARTICULAR SECTION [BINDING ARBITRATION AGREEMENT]), WHICH APPLIES TO YOU. THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION/REPRESENTATIVE-TYPE ACTION WAIVER. ARBITRATION PRECLUDES BOTH YOU AND US FROM SUING IN COURT OR HAVING A JURY TRIAL. WHILE WE MUST AGREE TO THESE PROVISIONS, THERE IS AN OPTION, DESCRIBED BELOW, FOR YOU TO OPT OUT OF THE ARBITRATION AGREEMENT. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS FROM ACCEPTING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION.
YOU MAY NOT USE ANY OF OUR GAMES AND/OR SERVICES IF YOU (1) DON’T AGREE TO THIS AGREEMENT, (2) ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING AGREEMENT OR DON’T HAVE PARENTAL AUTHORIZATION TO USE OUR GAMES AND/OR SERVICES, OR (3) ARE PROHIBITED FROM ACCESSING OR USING OUR GAMES AND/OR SERVICES BY APPLICABLE LAW.
4. These rules become a legally binding agreement (Agreement) between you and us from the moment you acquire a license or legal access to a Game or a Service, in particular when you buy, receive as a gift, download, install, or use a Game (whichever is sooner), or start using a Service. We make sure you have a chance to read them before you access a Game or a Service. They’re important, so we made them not awfully long and hopefully quite easy to understand. Please read them! By accepting these rules you represent and warrant that you have the full power and ability to enter into the Agreement and that you'll follow its terms.
5. By “us” we mean CD PROJEKT S.A. We’re the company behind the award-winning CD PROJEKT RED development studio. Our headquarters is in Poland, at ul. Jagiellońska 74, 03-301 Warsaw. We’ll also refer to ourselves as “we”, “CD PROJEKT RED” or, well, “ourselves”. Having to explain grammar in an agreement never ceases to feel a bit silly, but that’s what they teach at Oxenfurt.
6. Anyway, our studio spans across several companies from the CD PROJEKT capital group. At the end of the day, however, we are the party to the Agreement, so if you need anything Agreement-related, contact us at our correspondence address (see point 5) or at http://mailto:legal@cdprojektred.com.
Products Covered by This Agreement
7. This Agreement applies to all of our Games and/or Services (except for those listed in point 8), in particular:
* The Witcher, The Witcher 2: Assassins of Kings, The Witcher 3: Wild Hunt, The Witcher Adventure Game, Cyberpunk 2077, GWENT: The Witcher Card Game, Thronebreaker: The Witcher Tales, GWENT: Rogue Mage, Roach Race, The Flame in the Flood, Drake Hollow, and all other video games we produce and/or publish, as well as any in-game content, expansions, extensions, patches, downloadable content (DLC), game keys/codes, and any promotional materials,
* cyberpunk.net, thewitcher.com, cdprojektred.com and any other CD PROJEKT RED websites,
* CD PROJEKT RED Accounts,
* CD PROJEKT RED forums, wikis, blogs, social media accounts, and discussion boards,
* CD PROJEKT RED customer and technical support.
8. This Agreement does NOT apply to products where we have separate regulations:
* REDKit for The Witcher 2: Assassins of Kings (EULA available in REDKit files)
* REDKit for The Witcher 3: Wild Hunt
* RedMOD modding tools for Cyberpunk 2077
* cdprojekt.com website
9. By accepting this Agreement, you also agree to be bound by these documents, which are a part of this Agreement:
* CD PROJEKT RED Privacy Policy — Please read it to learn how we process your personal data,
* Fan Content Guidelines — Please read them if you’re a creative type and want to make some content derived from or based on our Games, Services, or other products, to learn what you can and cannot do,
* CD PROJEKT RED Community Rules — Please read them if you want to be involved in all kinds of discussions about our Games and Services on our official forums and other discussion boards.
10. You can play Games and/or use our Services on different devices or platforms. Depending on your choice, you may need to accept the terms and conditions or license agreements of your chosen device, system, and/or digital distribution platform. Sometimes you’ll also find links to third party websites or content through our Games and/or Services. Just so you know, we don’t control any of those things and we don’t take responsibility for them being safe, working properly, or anything else. If you have any doubts about them, contact their respective providers.
Age Ratings and Obligations of a Parent
11. Each of our Games has its own age rating, showing how old you need to be to play it. We certify our Games with competent rating authorities like PEGI and ESRB to make sure that we properly identify the target audience and take notice of all risks. The ratings may be different, depending on the region where you live. You'll always see the relevant rating of our Game before you buy it.
12. You’re not allowed to play our Game if you’re younger than the minimum age rating for this Game.
13. [A message to the parent or legal guardian of an underage player] Greetings! We would like to remind you that if you accept this Agreement on behalf of a minor in your care, you are responsible for supervising their use of our Game and/or Service. By accepting this Agreement you acknowledge that you might be (or if you are a U.S. resident - you agree to be) financially and legally responsible for all uses of a Game and/or Service by the minor, regardless of whether you explicitly authorized such uses.
Content / Trigger Warnings
14. Some of our Games and/or Services contain scenes and images of violence, sexuality, and drug use that some people may find disturbing. Please keep that in mind before you start playing a Game or using a Service, especially if you're sensitive to such content or know it may be a trigger for you. You can check content descriptors in the details of our Games’ ratings to get an idea of what to expect in a given Game.
15. Some of our Games and/or Services may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before using our Games and/or Services. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game or using the Service, immediately stop and consult your doctor.
What You Can Do With Our Games and/or Services
16. Under this Agreement we give you a personal, limited, revocable, non-exclusive, non-transferable, and non-assignable licence to display, view, download, install, play, and use our Games and Services on your personal computer, games consoles, and/or other devices/platforms that are explicitly authorised by CD PROJEKT RED (which are listed separately for each game on their respective websites). This basically means: you (and only you) can access, install, and play the Game and/or use the Service that you bought or accessed (if it’s a free Game or Service) on your chosen platform (e.g. PC, console), for as long as it’s available, and have fun while doing so (playing Games in particular). If you break the rules, we can revoke your access (see sections [What You Cannot Do With our Games and/or Services] and [Termination of the Agreement] below).
What You Cannot Do With our Games and/or Services
17. We are a team of passionate people doing our best to bring you a good time. It’s not only our passion, but also our job. We ask you to respect our effort and be fair to us and to each other, as we are to you. Please don’t do any of the things described in this section. If you do, we'll consider it a “material breach” of this Agreement. This means that we may suspend and/or terminate your access to our Games and/or Services or — in the most serious cases — ban you permanently from using our Games and/or Services and otherwise enforce our rights under the law and this Agreement. But let’s choose not to walk this Path. You can find more details about our moderation policy in our CD PROJEKT RED Community Rules.
18. [No illegal use] Don’t use our Games and/or Services in a way that is forbidden by any applicable laws or regulations. Follow any applicable geographic or regional, language, or location-based restrictions, requirements, or rules regarding our Games and/or Services.
19. [No commercial use] Our Games and/or Services are made for you to enjoy. Don’t use them commercially (e.g. to make money) unless we expressly allow that (see our Fan Content Guidelines).
20. [No transfer] Don’t copy, rent, buy, sell, lend, share, lease, sublicense, transfer, distribute, publish, or publicly display our Games and/or Services or any of your rights under this Agreement, unless we expressly allow that in this Agreement or it is allowed by the applicable law. Also, don’t steal or misappropriate game keys/codes (all of which remain our property). If you're concerned that any of this has happened to you, contact our Technical Support team.
21. [No technical misuse] Don’t modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile, or disassemble our Games and/or Services, unless we expressly allow that in this Agreement or it is allowed by the applicable law.
22. [No hacking or cheating] Don’t create, use, make available and/or distribute cheats. By cheats we mean things like exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, or other software that interact with or affect our Games and/or Services in any way (including any unauthorised third party programs that collect information about our Games and/or Services by reading areas of memory used by our Games and/or Services to store information).
23. [No sabotaging or impersonating] Don’t deliberately or maliciously interrupt or interfere with our Services like customer or technical support or impersonate our staff.
24. [No messing with our IT] Don't deliberately or maliciously interfere with, disrupt, or access restricted areas of our or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with our software, through protocol emulation, or through creation or use of private servers or any analogous services regarding our Games and/or Services.
25. [No data mining] Don’t intercept, mine, or otherwise collect personal or confidential data or information from our Games and/or Services. Additionally, don’t reproduce, extract, or otherwise use our Games and Services or any works included there for the purposes of text and/or data mining.
26. [No name use] Don’t use the names, logos, or trademarks of CD PROJEKT RED and/or any of our capital group companies or Games and/or Services for any unauthorised purposes.
27. [No infringing content] Don’t do anything in connection with our Games and/or Services that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other rights.
28. [No malicious code] Don’t upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code, or that may in any way damage or interfere with the operation of our Games and/or Services.
29. [Don’t be mean] Don't do or say anything or use our Games and/or Services in any way that is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory, or otherwise offensive or illegal. Just be nice to each other, please!
Beta Access
30. We may release beta (i.e. not yet totally finished) versions of our Games and/or Services before their full commercial release. In such cases:
* your access to the beta will usually be time-limited and there may be some additional contract terms;
* you'll probably be asked to participate in a feedback process in which you can offer information about how the beta works;
* the beta software will be provided 'as is' without any additional promises from us or any liability on us if the software isn't complete or doesn't work fully or causes issues. After all, that's the point of us giving you beta access: you get beta access to something new, but you recognise that it won't be complete yet and that it may be changed significantly before a full release; and
* the Game or Service may have specific legal rules of its own for its beta, so check them out.
System Requirements
31. Each of our Games and Services will have minimum system requirements that your device, system, and/or platform must meet to run it. You’ll find them, for example, on the product pages of our Games on digital distribution platforms or on the sleeve insert of the box versions of our Games. Please make sure that your gear meets these requirements, especially before you buy any of our Games, or they may not work properly or even at all. Please remember, that due to certain circumstances such as technological advancements, we may have to change the minimum system requirements from time to time. In such a case we'll notify you a one hundred and twenty (120) days in advance by sending an email, via push notification or pop-up notification. If the changes in minimum system requirements have a considerable adverse effect on the usability and accessibility of the Games or Services by you, such notification will be via email or another durable data medium.
32. Online elements of our Games or Services may need internet access too. We don’t include any DRM in our games ourselves, but some console/device manufacturers use security technology which may, for example, require you to go online to activate or play your purchased Game, which is beyond our control.
Monitoring
33. We may deploy software tools that run in the background of your device or related devices/peripherals when you use our Games to improve your in-game experience, prevent things listed in section [What You Cannot Do With our Games and/or Services], protect the integrity of our Games and/or Services, and enforce this Agreement. Some of these tools will be optional and we'll only deploy them if we get your consent. If we need to introduce any mandatory tools, we'll tell you about them first (e.g. in-game or on our websites).
Patches, Updates and Changes
34. From time to time we may need to patch or update our Games and/or Services, especially to:
* introduce security improvements, bug fixes, and performance enhancements
* ensure compatibility and adapt to changes in technical infrastructure or third-party dependencies
* address legal and/or compliance requirements
* introduce new features and content, rebalance gameplay, and/or provide other necessary adjustments and/or improvements
* provide usability and accessibility enhancements,
* introduce features and/or improvements based on analysis of user feedback and/or community requests
* limit or discontinue obsolete or unsustainable features of Games and/or Services when reasonable.
This may result in required and/or automatic updates. We generally encourage you to install them as soon as possible, because (1) they make the Game and/or Service better, and (2) older, non-updated versions of our Games and/or Services may become unusable over time and/or cause security risks. If you don’t install updates including security improvements and/or bug fixes within four (4) days from the date that we made them available for you, we’ll not be liable for any resulting damage (unless we failed to share sufficient installation instructions). A warrior must adapt with the times, take it from Vesemir.
Our IP Rights to the Games and/or Services
35. Right beside your rights to the Game or Service (described in section [What You Can Do With our Games and/or Services]), there are our rights to them that you should know about and respect.
36. All our Games and/or Services, including (but not limited to) their visual components, characters, storylines, artwork, animations, designs, items, music and sound effects, dialogue, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data, and all other content and all Intellectual Property Rights (defined in point 40 below) and other legal and exploitation rights regarding them, are either owned by us or we license them from third parties.
37. All rights in our Games and/or Services are reserved, except as we have explained in this Agreement.
38. You may not use or exploit any part of our Games and/or Services, except as explained in this Agreement and/or our Fan Content Guidelines.
39. Our Games and/or Services and their Intellectual Property Rights are protected by copyright, trademark, and other intellectual property laws worldwide.
40. By “Intellectual Property Rights” we mean any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights, and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations, and reversions regarding any of the same.
41. Since we want others to respect our Intellectual Property Rights, we also commit to respecting Intellectual Property Rights of others. If you believe that we infringed your work in or through our Games and/or Services, please contact us at http://mailto:legal@cdprojektred.com or by mail to: Legal Team, CD PROJEKT S.A., ul. Jagiellońska 74, 03-301 Warsaw, Poland. Your notice must include the following information:
* An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
* A description of the copyright-protected work;
* A description of the infringing material and where it is located;
* Your address, telephone number, and email address;
Please also include the following statements:
* "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
* "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Please see 17 U.S.C. § 512(c)(3) for further details. We may send a copy of your DMCA notice, including any contact information you provide, to the alleged infringer.
If your content was removed or disabled due to a DMCA notice and you believe it was removed in error or that you have the right to use it, you may submit a counter-notice to our Copyright Agent at dmca@cdprojektred.com or by mail to CD PROJEKT S.A., ul. Jagiellońska 74, 03-301 Warsaw, Poland, Attention to Legal Department, or by phone to (+48) 22 519 69 00.
Upon receiving a DMCA counter-notice, we may forward it, including any contact details you provide, to the original complainant. If the copyright owner does not file a legal action within ten (10) business days, we may reinstate the content.
Feedback and Crash Reports
42. We appreciate community feedback and suggestions. If you want to share your experience or ideas with us, go to our forums and post away! We hear monster slayers for hire pay attention to such notice boards.
43. If something goes wrong with our Game or Service, we may ask you to send us a crash report to help us understand and/or improve it in the future. These reports may include some personal data. It’s up to you to decide if you want to send it to us or not. To find solutions to and report bugs and technical issues in CD PROJEKT RED Games and Services use the Technical Support website.
44. If you share your feedback, suggestions, and/or crash report with us, please know that we are free to decide what to do with it. In any case, we don’t have to use it or act upon it in any way. If we decide to use it, in whatever scope or degree, we don’t have to credit you and/or pay you anything. We also don’t take any responsibility and/or liability for feedback, suggestions, and/or reports.
Our Warranties
45. We warrant (assure you) that we have the right to enter into this Agreement and to grant you the licence to use our Game and/or Service (described in section [What You Can Do With Our Games and/or Services]).
46. In addition to our legal obligations, we'll make commercially reasonable efforts to maintain and support our Games and Services.
Our Liability to You
47. The purpose of this section is to define our legal liability, which works differently depending on where you live. In particular, this section doesn’t apply at all to residents of the European Union or countries whose laws specifically prohibit reserving the following limitations. It does apply, however, to residents of other countries (e.g. the United States).
48. You use our Game or Service at your own risk.
49. Neither we, nor our affiliates, partners, and/or licensors accept any implied or express warranties or representations regarding our Game and/or Service, other than those that we expressly included in this Agreement.
50. Our Game and/or Service is provided to you on an "as is", “as available” basis without warranties or representations of any kind, express or implied, and we are not liable for any loss, damage, or harm of any kind arising from your use of or inability to use our Game and/or Service.
51. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to our Game and/or Service, including: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within our Game and/or Service. We don’t warrant that our Game and/or Service will be uninterrupted or error-free, that defects will be corrected, or that the Game and/or Service will be free of viruses or other harmful components.
52. To the maximum extent permitted by applicable law, neither we, nor our affiliates, partners and/or licensors, are liable to you for any loss of profits, charges, or expenses, including relating to those of a third party, loss of data, or any corruption or loss of information or any loss of business opportunity or any special, indirect, punitive, exemplary, or consequential loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence, breach of statutory duty, breach of contract, breach of warranty, or strict liability), misrepresentation, restitution, or otherwise whether or not the relevant party has been advised of the possibility of such damage.
53. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AND OUR AFFILIATES’, PARTNERS’, AND LICENSORS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH OUR GAMES AND/OR SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S). THIS IS YOUR SOLE AND EXCLUSIVE REMEDY. Sorry for yelling, corpo’s orders.
54. If you live in the state of California, you're entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.
Your Indemnity Towards Us
55. You agree to indemnify and hold us and our affiliates harmless (and keep us and them indemnified and held harmless) from all damages, liabilities, claims and expenses, including reasonable legal fees, in connection with: (a) any breach of this Agreement by you, including your use of Games and/or Services in violation of the applicable law; (b) the unlawful use of our Games and/or Services by you or any person on your behalf; and (c) infringement of our, and/or our affiliates’ Intellectual Property Rights, however always provided and only to the extent you're responsible for the action or omission that caused the damages, liabilities, claims, and/or expenses.
Termination of the Agreement
56. You can terminate this Agreement at any time by simply sending us an e-mail to eula@cdprojektred.com and by stopping using our Games and Services permanently. Where this Agreement applies to Games and/or Services we provide on an on-going basis (Live Services), which we generally commit to provide and maintain for two (2) years from the moment we start providing them, we too can terminate this Agreement, which means cancelling and/or suspending your access to our Games and/or Services. We reserve that right for really serious (or “material”) cases, meaning those listed in section [What You Cannot Do With Our Games and/or Services] or other serious breaches of this Agreement which could cause real harm to our Game or Service, its users, us, and/or our affiliates, licensors, and/or partners.
57. Where reasonably possible, we'll try to contact you to explain why we have done this and what (if anything) you can do as a result.
58. We may also need to terminate this Agreement without any breach on your part, if any of the following happens:
* we discontinue or retire a Live Service, in whole or in part, e.g. on a particular platform,
* we undergo a merger, acquisition, or corporate restructuring that affects a Game and/or Service
* we are required to do so by law, regulation, or a binding order from a governmental authority,
* continuing to provide a Game and/or Service becomes impractical due to technological, operational, or business reasons,
* a Game and/or Service relies on third-party providers or platforms that cease to support them,
* maintaining or offering a Live Service is no longer financially viable for us,
* we choose, at our sole discretion, to discontinue offering a Live Service under this Agreement.
In such cases we'll give you at least one hundred and twenty (120) days advance notice by posting a note on our website. In this case, we won’t have any future obligations or liabilities to you (it won’t affect already existing rights or obligations — neither ours or yours).
Force Majeure
59. This fancy phrase basically means that neither we, nor you, will be liable for not performing our respective obligations under this Agreement if it is caused by specific circumstances. We don’t have to call them force majeure, to be honest. We can call them anything we like. We can call them Eredin.
60. In this Agreement “Eredin” means any cause preventing a party to this Agreement from performing any or all of their obligations, which arises from or is attributable to acts, events, omissions, or accidents beyond the reasonable control of the party so prevented, including strikes, lock-outs, or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of God, war or terrorist activity, riot, rogue AIs from behind the Blackwall, civil commotion, Conjunction of the Spheres, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, pandemics (e.g. the Catriona Plague), fire, flood, or storm, or default of suppliers or sub-contractors.
61. So, for example, we won’t be liable to you for the fact that our Game or Service is not available for some time, if it’s caused by Eredin.
Governing Law and Resolving Disputes (Doesn’t Apply to Users From the U.S.)
62. Your use of our Games and/or Services, and this Agreement, is governed by and should be interpreted according to the laws of Poland. If you habitually reside in the European Union, you also enjoy protection of the mandatory provisions of the law of your country of residence to the extent these provisions are more favourable for you.
63. If you have an issue regarding our Games and/or Services (e.g. you encounter a bug), we encourage you to contact our Player Support. If the issue cannot be resolved this way this section explains how you and CD PROJEKT RED agree to resolve any disputes.
64. Let’s agree that both we and you will make reasonable and good faith efforts to resolve any dispute informally.
65. We really want to make sure that all relevant issues are being taken care of. Unfortunately, sometimes we are more swamped than Velen or need to dig deeper and this is why it may take longer for us to respond. Nevertheless, if you and us don’t resolve the dispute within 30 days from the day you inform us about your concern or issue and you do not want to wait, the next steps depend on where you live.
66. If you reside in the European Union, you're entitled to submit your complaint to any out-of-court dispute settlement body that has been certified by the Digital Services Coordinator of the Member State where such a body is established. If you live elsewhere (for the U.S. see section [Binding Arbitration Agreement (Applies Only to Users From the U.S.)])) or you don’t want to use out-of-court dispute settlement or you have used it and it didn’t help resolve our dispute, both you and us have the right to take our dispute to court.
67. Unless you reside in the European Union, any dispute regarding our Games, Services, and/or this Agreement must be brought before the courts of Poland (exclusive jurisdiction). If you reside in the European Union, you can bring your claim before the courts of Poland or the courts for the place where you're domiciled. In such disputes, the winner will be entitled to recover their legal fees and expenses from the party that lost.
68. If you bring a claim against us, you must send a physical copy of your pleading to “Legal Team, CD PROJEKT S.A., ul. Jagiellońska 74, 03-301, Warsaw, Poland” as well as a digital copy to http://mailto:legal@cdprojektred.com.
69. Regarding this Agreement, please contact us at our email address: eula@cdprojektred.com or by phone: (+48) 22 519 69 00 (operated out of Poland, standard call charges apply).
Governing Law and Resolving Disputes (Applies Only to Users From the U.S.)
70. Sorry again, we need to yell this one too. IF YOU RESIDE IN THE UNITED STATES OF AMERICA, PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS, GROUP, OR REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL OR AS A THIRD PARTY. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DON’T OPT-OUT, THESE TERMS WILL APPLY TO YOU.
71. You and we agree that your use of our Games, and/or Services, as well as this Agreement, and all claims or causes of action (whether sounding in contract, tort, any statutory cause of action, or any other legal theory) that may be based upon, arise out of, or relate to this Agreement, the use of our Games and/or Services, your and our rights and responsibilities, and all other disputes between the parties are governed by, and should be enforced in accordance with, the laws of California, without regard to or application of conflict of law. Any claims you and we may have against each other, to the extent not covered by the arbitration provision in section [Binding Arbitration Agreement (Applies Only to Users From the U.S.)]) below, will be made exclusively in state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. You waive any rights to argue that the state and federal courts in Los Angeles, California are an improper venue.
72. If you have concerns or issues regarding our Games or Services, we hope they can be resolved quickly and amicably through our Support service.
73. You and we agree that both parties will make reasonable and good faith efforts to resolve any such Dispute (as defined in point 80) informally, within thirty (30) days. The period will start when you send us a written notice describing your claims or when we send you a similar notice if we have a Dispute against you (“Notice of Dispute”).
74. Any Notice of Dispute must include the following at a minimum: (a) your full legal name, email address, and, if you play on console, your user name, or game tag; if you play on PC, we need you to share with us a screenshot of the game library together with an account name on a given storefront and a proof of purchase (b) a detailed description of your claim or Dispute with us, including dates, (c) the specific damages or other remedy or remedies that you're seeking.
75. If you're sending us a Notice of Dispute you must send a physical copy to “Legal Team, CD PROJEKT S.A., ul. Jagiellońska 74, 03-301, Warsaw, Poland” as well as a digital copy to http://mailto:legal@cdprojektred.com.
76. If we have a Dispute with you, we must first send a written Notice of Dispute detailing the dispute and sending it to you by mail, email or in-app notice.
77. Once any of us sends the Notice of Dispute we'll initiate an informal dispute resolution.
78. If you and we don’t resolve the Dispute within those thirty (30) days, you can file a formal arbitration demand according to the requirements described in section [Binding Arbitration Agreement]).
Binding Arbitration Agreement (Applies Only to Users From the U.S.)
79. To the fullest extent allowed by law, we and you agree to formally resolve all Disputes in individual binding arbitration.
80. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and us that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use of our Games and/or Services, all marketing related to our Games and/or Services, your or third-party use of our Games and/or Services, any licensed content, virtual currency, virtual goods, and all matters relating to or arising from this Agreement (including our Privacy Policy and all other terms incorporated into this Agreement) or any other agreement between you and us, including any disputes over the validity, enforceability, or interpretation of this arbitration agreement. Our Dispute shall be subject to provisions of this section, regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, and negligence), or any other legal or equitable theory.
81. “Arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator (not a judge or jury). Just so we and you are clear: by choosing arbitration you and we are giving up the right to have any Dispute between us heard in court (before a judge and/or jury) except as specifically provided in this Agreement (for instance, if either of us has a Dispute that is subject to small claims court jurisdiction, either of us can choose to litigate the Dispute in small claims court). See points 95 through 97 for the list of exceptions. You agree that the provisions in this paragraph will survive any termination of your access to our Games, Services, and/or this Agreement.
82. You and we understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. The parties waive their rights to a jury trial and to have any Dispute resolved in court.
83. [Delegation; Interpretation] The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all Disputes, including, but not limited to, any claim that all or any part of this Agreement are void or voidable. This arbitration agreement is intended to be broadly interpreted and will survive termination of this Agreement.
84. [Severability] If any provision of this arbitration agreement is found unenforceable, that provision will be severed, and the rest of the arbitration agreement will remain in full force and effect. If a court decides that applicable law precludes enforcement of this arbitration agreement as to any particular claim, then that claim must be severed from the arbitration, while the remaining claims will still be resolved through binding arbitration.
85. Unless a shorter statute of limitations is stipulated by the applicable law, we and you agree that any claim arising out of or related to our Games and/or Services must be made within two (2) years after the claim arose; otherwise, such claim is permanently barred. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation, or any other legal or equitable doctrine.
86. The rules for the arbitration are set out below.
87. The dispute resolution and arbitration provisions in this section shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”) and the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”).
88. The arbitration will be administered by a single arbitrator by JAMS. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file the Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.
89. Unless contrary to the JAMS Rules, or the arbitrator believes an in-person hearing is necessary, you and we agree that arbitration hearings may be conducted by video conference. If the arbitrator believes an in-person hearing is necessary the location of an arbitration hearing will be decided pursuant to the JAMS Rules.
90. In an arbitration, the arbitrator shall allow dispositive motions.
91. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party.
92. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us.
93. Notwithstanding anything to the contrary in this Agreement, if the arbitrator may not legally adjudicate or award a particular legal or equitable claim or remedy, such claim or remedy shall be stayed until all other claims and remedies are final and the arbitration completed, after which the federal or state court may adjudicate the remaining claim or remedy. In doing so, the federal or state court is bound under the principles of claim or issue preclusion by the decision of the arbitrator.
94. The exceptions from the dispute resolution and arbitration sections (i.e. what the rules don’t apply to) are set out below.
95. [Exception: Litigation of Intellectual Property Claims] Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright or trademark infringement, Computer Fraud and Abuse, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Games and/or Services or in-game content under this Agreement. Such claims are subject to the jurisdiction and applicable law provisions in point 73 (applicable to U.S. residents).
96. [Exception: Small Claims Court Claims] Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider shall close the case.
97. [Exception: Mass Arbitration] For mass arbitrations (which are defined as twenty five (25) or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination), the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”) shall apply. In such proceedings, the parties agree that, notwithstanding any other provisions of this Agreement, the Process Administrator (as described in the JAMS Mass Arbitration Rules) and the arbitrators shall have the authority to implement the procedures set forth in the JAMS Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. All provisions of this section that are not in conflict with the JAMS Mass Arbitration Rules shall continue to apply. If these Mass Arbitration provisions and rules are found to be invalid for any reason, the parties agree that the arbitration agreement contained in this Agreement is severed, and the parties may resolve their Dispute in a court of competent jurisdiction.
98. [30-day Right to Opt Out] You have the right to opt-out and not be bound by the arbitration agreement by sending us a written notice via mail, or by any available internationally recognized delivery service (e.g., UPS, Federal Express, etc.) to “Legal Team, CD PROJEKT S.A., ul. Jagiellońska 74, 03-301, Warsaw, Poland”. You must sign and date the notice, and include in it your name, address, email address, and, if you play on console, your user name, or game tag; if you play on PC, we need a screenshot of the game library together with an account name on a given storefront and a proof of purchase, and a clear statement that you're opting out of this arbitration agreement. The notice must be sent within thirty (30) days of the date on which you first agree to this Agreement; otherwise you'll be bound by the arbitration agreement.
Class Action Waiver and Representative-Type Action Waiver (Applies Only to Users From the U.S.)
99. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER YOU NOR WE SHALL BE ENTITLED TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS OR OTHER REPRESENTATIVE-TYPE ACTIONS, TO CONSOLIDATE, TO JOIN, OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR TO PARTICIPATE IN OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY IN ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS. YOU AND WE ARE EACH EXPRESSLY AND UNCONDITIONALLY WAIVING SUCH RESPECTIVE RIGHTS. Woken up yet, samurai?
100. If the court or arbitrator finds the provision of point 99 (agreement to waive certain rights) illegal or unenforceable, you and we agree that it won’t be severable: the arbitration agreement will be deemed unenforceable and any claim or dispute will therefore be resolved in court rather than by individual arbitration.
Other Legal Stuff
101. [Severability] If any part of this Agreement is found not to be legally enforceable, this won’t affect any other part of it.
102. [Entire Agreement] Unless we specified something different in this Agreement, this Agreement, together with the other documents referred to within it, constitutes the entire agreement between you and us regarding this Agreement and supersedes any earlier oral or written agreements.
103. [No Third Parties] This Agreement regulates our mutual relationship with you. It doesn’t create any rights for anyone else, unless we explicitly say something different in this Agreement.
104. [Other Laws] Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to our Games, Services, nor this Agreement.
105. [Transfer] We can assign, subcontract, or transfer this Agreement to a third party or another company from the CD PROJEKT capital group if it’s necessary for the support of our Game or Service, as part of any reorganisation or merger or for other business reasons. We'll let you know if this happens.
106. [Delay] If either we or you don’t exercise any right or remedy provided in this Agreement or by applicable law, or don’t do it right away, it doesn’t mean that we waive that right or remedy. It also doesn’t mean that either we or you can’t exercise it in the future, unless we explicitly say something different in this Agreement. Similarly, if either we or you exercise a right or remedy once and/or partially, it doesn’t mean that either we or you can’t do it again and/or fully in the future.
Additional Terms for Android Users
107. If you’re playing our Game or using our Service on an Android device, you acknowledge that this Agreement is concluded between you and CD PROJEKT RED, and not with Google LLC, Google Ireland Limited, Google Commerce Limited or Google Asia Pacific Pte. Limited (“Google”). CD PROJEKT RED, not Google, is solely responsible for CD PROJEKT RED Games and/or Services and their content.
108. Your use of CD PROJEKT RED Games and/or Services will be subject to the terms of this Agreement, which grants you a non-transferable, limited license to use CD PROJEKT RED Games and/or Services on Android devices. In addition, your use of CD PROJEKT RED Games and/or Services will also be subject to usage rules set forth by Google in the Google Play Terms of Service.
Additional Terms for iOS Users
109. If you’re playing our Game or using our Service on an iOS device, you acknowledge that this Agreement is concluded between you and CD PROJEKT RED, and not with Apple Inc., (“Apple”). CD PROJEKT RED, not Apple, is solely responsible for CD PROJEKT RED Games and/or Services and their content.
110. Your use of CD PROJEKT RED Games and/or Services will be subject to the terms of this Agreement, which grants you a non-transferable, limited license to use CD PROJEKT RED Games and/or Services on Apple-branded products you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
111. You acknowledge that Apple is not responsible for providing any maintenance and support services regarding CD PROJEKT RED Games and/or Services.
112. You acknowledge and agree that CD PROJEKT RED, and not Apple, is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
113. In case you're entitled to a warranty under laws applicable in your jurisdiction, then in the event of any failure of CD PROJEKT RED Games and/or Services to conform to such warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid by you to Apple for CD PROJEKT RED Games and/or Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to CD PROJEKT RED Games and/or Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be sole responsibility of CD PROJEKT RED. Please note, however, that to the extent permitted by law CD PROJEKT RED has disclaimed or limited warranties in accordance with sections [Our Warranties] and [Our Liability to You] above.
114. You acknowledge that CD PROJEKT RED, not Apple, is responsible for addressing your or any third party claims relating to CD PROJEKT RED Games and/or Services or your possession and/or use of CD PROJEKT RED Games and/or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the CD PROJEKT RED games and services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
115. You acknowledge that, in the event of any third party claim that CD PROJEKT RED Games and/or Services or your possession and use of CD PROJEKT RED Games and/or Services infringes that third that third party’s intellectual property rights, CD PROJEKT RED, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property claims.
116. You acknowledge that (i) you're not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you're not listed on any U.S. Government list of prohibited or restricted parties.
117. You acknowledge and agree that Apple and Apple subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Additional Terms Regarding GWENT: The Witcher Card Game
118. [User Accounts] In order to play GWENT: The Witcher Card Game (GWENT) on PC you need to create a GOG user account. You also need to use the GOG Galaxy distribution system (or Steam account and Steam client, if you play on Steam) to download/play GWENT. These services have their own terms and conditions that are beyond our control and which you have to accept. The rules that apply to you if you play on a mobile platform are described in points 107 through 117 above.
119. You're responsible for protecting your GOG user account and for your account activities. First of all, keep your password secure! You’ve seen how far some bandits go for Gwent cards. In order to protect GWENT, GWENT users and ourselves, we reserve the right, if really necessary, to reject any user account if it would breach this Agreement or other legal rules referred to in here.
120. [[b]Patches and Updates][/b] Please remember that since January 1, 2024 we no longer actively support GWENT and we don’t plan to introduce any patches, updates, or changes other than automatic game balancing changes described below. Because of that, after some time GWENT might become unplayable on some devices, might not be playable on newer devices or operating systems, or might run less smoothly.
121. [Automatic Game Balancing] GWENT features an automatic way to balance the game through community votes. Every once in a while players will have a chance to vote on a particular balance change to existing cards. Once the voting concludes, the changes with the most votes are automatically introduced to GWENT. You can read up on specifics of this mechanism here. While we intend for this process to be fully automated, we reserve the right to interfere with these changes or stop the mechanism altogether if it is needed to keep GWENT running efficiently, for example if the changes have a negative impact on the game's balance or introduce bugs.
122. [Virtual Currency and Goods] GWENT allows you to acquire virtual, in-game digital items, and content including but not limited to GWENT card packs, cosmetic, and in-game enhancements, campaigns, and other downloadable content (Virtual Goods). If we allow it, you may be able to acquire certain Virtual Goods with “real world” money, or virtual currencies such as ‘Ore’ (which you can earn by playing the game) and/or ‘Card Scraps’ (which you can earn through the GWENT in-game crafting system and/or also by playing the game) or ‘Meteorite Powder’ (which you can acquire with “real world” money and/or earn by completing certain in-game activities) (we'll refer to them together as “Virtual Currency”). Only GWENT users can use Virtual Goods and Virtual Currency and they may be used only within GWENT. The local tavern won’t accept Card Scraps, as far as we’re aware.
123. Any content purchased in the GWENT in-game store or a store of the platform you use to access GWENT will be purchased from the applicable platform and will be subject to the terms and conditions of the given platform. Please check those terms and conditions as well as law applicable in your jurisdiction in case you would like to get a refund and follow them accordingly. We may decide not to restore any Virtual Goods or Virtual Currency which was not purchased with “real world” money.
124. Virtual Goods and Virtual Currency are digital items only, with no cash-value or real world existence and cannot be ‘bought’, ‘sold’, gifted, transferred, or redeemed, whether or not for other Virtual Goods, Virtual Currency, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Goods or Currency is prohibited (unless we specifically allow it in GWENT). Your right to use any Virtual Goods and/or Virtual Currency that you obtain is limited to a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable licence to use such Virtual Goods and Virtual Currency solely for your personal entertainment and non-commercial use in GWENT only. You have no property interest or right or title in any Virtual Goods or Virtual Currency, which remain CD PROJEKT RED’s property. CD PROJEKT RED reserves the right to request the applicable platform to reverse, change, or amend Virtual Goods or Virtual Currency transactions or other matters if necessary to protect GWENT or to enforce this Agreement.
125. In order to protect GWENT, GWENT users and to stop fraud, we may limit your use of Virtual Goods and Virtual Currency (including transaction limits and balance amounts).
126. Virtual Goods and Virtual Currency don’t expire, but we reserve the right to change or amend that if necessary. We don’t have to provide Virtual Goods or Virtual Currency to you.
127. The existence of a particular offer for Virtual Goods or Virtual Currency is not a commitment by us to maintain or continue to make the Virtual Goods or Virtual Currency or that offer available in the future. The scope, variety and type of Virtual Goods and Virtual Currency that you may obtain can change at any time and we have the right to manage, regulate, control, or modify Virtual Currency or Virtual Goods in our sole discretion if we consider any of this necessary for the ongoing operation of GWENT or for other legitimate reasons, in which case we'll have no liability to you or anyone for the exercise of such rights. We'll try, where possible, to give you reasonable notice of any such changes and to explain the reasons why. Additionally, we may, in our sole discretion, completely and indefinitely withdraw any and all offers of all Virtual Goods and Virtual Currency. Where possible, we'll try to give you at least sixty (60) days advance notice of such withdrawal of all Virtual Goods and Virtual Currency by posting a note on playgwent.com.
128. GWENT card packs (card kegs) contain random cards of different categories (regular, rare, epic, or legendary) with the following probability:
a) each card keg contains at least 1 rare card
b) one epic card can be found on average in 5 card kegs
c) one legendary card can be found on average in 20 card kegs
129. [Community Tournaments] If you want to organise a GWENT tournament, you need to follow the rules stated in this Agreement, in the CD PROJEKT Privacy Policy, and in the Community Tournament Guidelines.
Changes to the Agreement
130. We may change this Agreement if we think it’s necessary for one of the following reasons:
* we introduce new Game and/or Service that affects this Agreement,
* we discontinue or retire a Live Service, in whole or in part, e.g. on a particular platform,
* we undergo a merger, acquisition, or corporate restructuring that affects this Agreement,
* we are required to do so by law, regulation, or a binding order from a governmental authority,
* we need to address security, legal, and/or compliance requirements,
* continuing to provide a Game and/or Service becomes impractical due to technological, operational, or business reasons,
* a Game and/or Service relies on third-party providers or platforms that cease to support them,
* maintaining or offering a Live Service is no longer financially viable for us,
* we choose, at our sole discretion, to discontinue offering a Live Service under this Agreement
* changes or updates to our Games and/or Services referred to in point 34 affect this Agreement.
If so, we'll make the changed Agreement available online and make reasonable efforts to let you know about it (e.g. in-game, on our website or our social media channels). If we make any changes that in our reasonable judgment are material, we'll ask you to accept the updated Agreement. The changed Agreement will be deemed accepted by you if you don't terminate the Agreement (see point 56) within thirty (30) days of the date we announce the changes.
131. If you have any specific questions about the changes, you’re welcome to contact us at http://mailto:legal@cdprojekted.com.
132. If you don't agree to any of our changes (even if you don’t email us), then, unfortunately, we must ask you to stop using our Games and/or Services. It breaks our heart to say that, but we hope you'll understand that we need to have everyone under the same rules instead of different people having different rules, in order to keep our Games and Services working properly (and not go cyberpsycho). That's why we encourage you to drop us a line if you have questions or concerns — we’ll be happy to talk!
And speaking of talking, we sure did a lot! But you made it to the end of the Path, friend, and we appreciate you taking the time. We know that, while The Witcher and Cyberpunk 2077 are all about taking on contracts — to hunt down savage monsters or corrupted corporations or whatever else — they’re not usually of this variety. So preem job! Thanks from all of us at CD PROJEKT RED — the Legal team in particular!