The agreement
for using the Service.

01Agreement

These Terms of Service (“Terms”) are a binding contract between Playgent Inc., a Delaware corporation with offices at 108 W. 13th Street, Suite 100, Wilmington, DE 19801 (“Playgent,” “we,” “us,” or “our”), and the entity or individual that has agreed to these Terms (the “Customer,” “you,” or “your”).

You accept these Terms by creating a Playgent account, clicking “I agree,” signing an order form that references them, or using the Service. If you accept on behalf of an organization, you represent that you have authority to bind that organization, and “Customer” refers to that organization. If you do not have authority, or you do not accept these Terms, you must not use the Service.

These Terms incorporate by reference our Privacy Policy and, where applicable, an executed Data Processing Addendum (“DPA”) and any order form, statement of work, or service-specific terms that we sign with you (each, an “Order”).

02Definitions

• “Service” — the Playgent Hub, the Embed SDK, the public APIs, the generated game runtime delivered from our edge, signed webhooks, content-generation features, analytics, and any related software or documentation we make available.
• “Hub” — the administrative web application at hub.playgent.com where Customers configure Players, Streams, Themes, content, webhooks, billing, and team membership.
• “Player” — (a) a configuration object created by Customer in the Hub that bundles origins, theme, analytics stream, and feature flags; and (b) where the context indicates, an end user who interacts with a game embedded by Customer (a “Player end user”).
• “Customer Content” — anything Customer or its users upload, configure, generate, or transmit through the Service, including AI-generation inputs, themes, assets, custom content, and identifiers supplied via the SDK.
• “Player Data” — data we process about Player end users in connection with Customer’s embeds, as further described in the Privacy Policy and the DPA.
• “Order” — an online sign-up flow, a self-serve plan selection in the Hub, or a separately executed order form.
• “Documentation” — the technical documentation we publish at docs.playgent.com.
• “Subscription Term” — the period of paid access specified in your Order (typically monthly or annual). The initial term begins on the effective date of the Order and renews automatically per §10.

03The Service

The Service lets Customer embed branded HTML5 logic games into its own products and websites, configure them through an administrative console, generate optional AI-assisted content, and receive related analytics. We may change, add, or remove features at any time. Service-level commitments, where they apply, are described separately on the pricing page or in your Order.

04Accounts, workspaces & roles

• You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract.
• Each account is owned by a workspace. You may invite team members and assign roles (owner, admin, developer, editor, analyst). Each role grants different capabilities, including the ability to create paid commitments. You are responsible for all activity in your workspace.
• Keep credentials and API keys confidential. Notify us immediately at [email protected] if you suspect compromise. You are responsible for losses resulting from unauthorized use that you could have prevented with reasonable security practices.
• We may take reasonable steps to verify identity, including domain or business verification, before activating certain features.

05License grant

Subject to your compliance with these Terms and timely payment of fees, Playgent grants Customer a worldwide, limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Subscription Term to:

• Access and use the Hub for its intended administrative purposes;
• Embed the SDK and load the game runtime on origins that Customer has whitelisted on its Player configuration; and
• Use, display, and distribute generated and configured Game output through Customer’s own digital properties for Customer’s end users, in accordance with the Documentation.

The license terminates automatically on expiration or termination of the Subscription Term. Sandbox use is governed by §11.

06Acceptable use

You agree not to, and not to permit anyone else to:

• Use the Service in violation of any law, regulation, or third- party right, including intellectual property, privacy, data protection, consumer protection, advertising, securities, or gambling laws.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service, except to the extent this restriction is prohibited by applicable law.
• Bypass, remove, disable, or attempt to circumvent any usage limit, technical measure, watermark, allow-list, signing requirement, or rate limit.
• Resell, sublicense, white-label outside Customer’s own products, or otherwise make the Service available to third parties as a stand-alone product, except as expressly permitted by your plan.
• Submit through the SDK, the API, or content-generation flows any data that includes a person’s name, email, phone number, government identifier, payment instrument, precise location, or other directly identifying information through externalUserId or externalUsername. Use opaque, internal identifiers only.
• Use the Service to host, generate, distribute, or facilitate content that is unlawful, defamatory, obscene, sexually explicit involving minors, harassing, hateful, threatening, or that promotes self-harm; or to attack, defraud, or de-anonymize any person.
• Use the Service to operate gambling, lotteries, or sweepstakes in jurisdictions where Customer is not licensed and compliant.
• Use the Service in products directed to children under 13 (or 16 where required by local law) without first implementing age-gating, obtaining verifiable parental consent under COPPA / GDPR, and notifying us in writing.
• Crawl, scrape, or harvest data from the Service, except for Customer’s own data via authorized API endpoints.
• Send malware, perform DoS or stress testing without our written authorization, probe non-public functionality, or attempt to gain unauthorized access to other accounts or systems.
• Use the Service to train, evaluate, or fine-tune any generative AI model, except for evaluations limited to Customer’s own data under documented internal use.
• Misrepresent the source of generated content (e.g., pass it off as written by Playgent or by a third party) in ways that would deceive Player end users.

We may, with or without prior notice, throttle, suspend, or remove content, traffic, or accounts that violate this section or that pose a security or compliance risk to the Service or its users.

07Customer Content

As between the parties, Customer owns all right, title, and interest in Customer Content. Customer grants Playgent a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, perform, and create reasonably necessary derivative works of Customer Content solely as required to operate, secure, and improve the Service for Customer’s benefit, and to comply with law. This license ends when the relevant Customer Content is deleted from the Service, except for residual copies that survive our standard backup and audit cycles (see Privacy Policy §8).

Customer represents and warrants that:

• It has all rights, licenses, consents, and authority necessary to submit Customer Content and to allow Playgent to process it under these Terms;
• Customer Content does not infringe any third-party right and complies with all applicable laws; and
• Customer has provided all required notices and obtained all required consents from Player end users, including for any identifiers passed through the SDK.

08AI-generated content

• Customer warrants that any topic, URL, text, image, or other input submitted to content-generation features is provided with all necessary rights and consents and does not infringe any third-party right.
• Generated output may resemble output produced for other customers from similar inputs. Playgent makes no warranty of originality, novelty, accuracy, or non-infringement, and no warranty that any generated output is fit for any particular purpose, brand, audience, or jurisdiction.
• Generated output is licensed for use within the Service under §5. Use outside the Service is at Customer’s risk and Customer’s responsibility to verify rights clearance under applicable law and underlying model-provider terms.
• We do not use Customer prompts, Customer Content, or Player Data to train general-purpose AI models, and we contract with our AI service providers on terms that prohibit them from doing so.
• Customer’s failure to inspect, edit, or remove generated content before publication is solely Customer’s responsibility, and any loss, claim, or liability resulting from such failure is excluded from Playgent’s liability under §20 and indemnified by Customer under §19.

09Player Data & Data Processing

Where Customer’s use of the Service involves the processing of personal data of Player end users, Customer is the controller and Playgent is the processor with respect to such data. Our Data Processing Addendum is incorporated into these Terms when applicable law (e.g., the GDPR, UK GDPR, CPRA, or similar) requires it. The DPA sets out our processor obligations, the categories of data and data subjects, security measures, and the basis for international transfers (Standard Contractual Clauses, UK Addendum, or Swiss Annex as relevant).

Customer is responsible for the lawful basis for processing Player Data, for providing required notices to Player end users, and for honoring Player end-user rights. Where Player end users contact us directly, we will route their request to Customer within a reasonable time.

10Fees, plans & taxes

Plans & metering

• Plans, pricing, and limits are described on /pricing or in your Order. Limits include monthly tracked sessions, Player configurations, allowed origins, retention windows, and feature gates.
• If you exceed a hard limit, the Service may throttle, queue, or refuse requests. We will not silently bill for overages on paid plans above Starter; we will reach out about an upgrade. Sandbox sessions exceeding the cap may be rate-limited.

Billing & renewals

• Fees are billed in advance for each Subscription Term and are non-refundable except as required by law or expressly stated in these Terms.
• Subscriptions automatically renew for successive periods equal to the prior term unless cancelled at least one day before the renewal date through the Hub or in writing for annual / Enterprise terms.
• We may change fees and plan composition with at least 30 days’ notice; changes take effect at the next renewal.
• Self-serve payments are processed by Stripe under Stripe’s terms; payment-instrument data is collected directly by Stripe. Enterprise invoicing is available on NET-30 or NET-60 terms in your Order.

Late payment

Undisputed amounts not paid by the due date accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We may suspend the Service for non-payment after at least 10 days’ written notice, and we may terminate for continued non-payment under §17.

Taxes

Fees are exclusive of taxes. Customer is responsible for all applicable VAT, GST, sales, use, and similar taxes, except taxes based on Playgent’s net income. Where required, we will collect and remit indirect taxes via Stripe Tax. If Customer is tax-exempt, Customer must provide a valid exemption certificate.

Plan changes

Upgrades take effect immediately and are prorated for the remainder of the period. Downgrades take effect at the next renewal so Customer does not lose paid-for access. Cancellation takes effect at the end of the then-current period; data retention follows the Privacy Policy.

11Sandbox & beta features

The Sandbox tier and any feature labelled “beta,” “preview,” “experimental,” or “early access” are provided AS-IS and may be changed, withdrawn, or made available on different terms. Sandbox sessions may include Playgent watermarking and are not intended for production traffic. Service-level commitments do not apply to Sandbox or beta features.

12Intellectual property

The Service, including the game engines, templates, runtimes, authoring tools, the Hub, the Embed SDK, the APIs, the Documentation, and all related software, designs, trademarks, logos, and content (other than Customer Content) are and remain the exclusive property of Playgent and its licensors. Except for the limited license in §5, no rights are granted by implication, estoppel, or otherwise. All goodwill arising from the use of the Playgent name and marks inures to Playgent.

13Feedback

If Customer or its users provide Playgent with suggestions, ideas, or feedback about the Service, Customer grants Playgent a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation. We will not identify Customer in connection with feedback without permission.

14Publicity

Neither party may use the other’s name or marks without written consent, except: (a) Playgent may identify Customer as a customer of the Service in customer lists and case studies with Customer’s prior consent, which may be granted by email; and (b) Playgent may, without consent, refer to Customer’s use of the Service in confidential communications with prospective customers and investors, subject to reasonable confidentiality.

15Third-party services

The Service interoperates with third-party services (e.g., Stripe for payments, Clerk for authentication, AI providers for content generation). Those services are provided under their own terms, and Playgent is not responsible for their acts, omissions, or availability. If a third-party service is suspended or terminated, related Service features may be affected; we will give reasonable notice and use commercially reasonable efforts to provide a substitute.

16Support & uptime

• Support channels and response targets follow the Customer’s plan as described on /pricing.
• Uptime targets (99.5% on Pro, 99.9% on Growth, custom on Enterprise) apply to the production game runtime and webhook delivery, measured monthly, excluding scheduled maintenance, Sandbox, beta features, and force-majeure events.
• Where a service-level commitment is breached, the Customer’s sole and exclusive remedy is the service credit specified in the Order or, if none, a pro-rata credit of monthly fees for the affected period, requested within 30 days. Service credits are not refunds.

17Suspension & termination

Termination by Playgent for cause

We may suspend or terminate your access immediately, without prior notice and without liability, if (a) you breach these Terms and the breach is not curable, or you fail to cure a curable breach within 10 days of notice; (b) your use poses a material security, legal, reputational, or operational risk to the Service, to Playgent, or to other users; (c) a third- party service required to deliver the Service is unavailable; (d) you fail to pay undisputed fees per §10; or (e) we reasonably believe a continued relationship is contrary to law, a court or government order, or our compliance program.

Termination by Playgent for convenience

Termination by Customer

Customer may terminate for convenience at the end of the current Subscription Term by giving notice through the Hub or in writing for annual or Enterprise terms. Termination does not relieve Customer of fees accrued before the effective date of termination, and pre-paid fees are non-refundable except as stated above for Playgent-initiated termination for convenience.

Effect of termination

On termination: (i) your right to access the Service ends; (ii) Customer may export Customer Content for up to 30 days using available tooling, where the termination is not based on Customer’s breach of §6 (Acceptable use) or applicable law; (iii) we will delete or anonymize Customer Content per the Privacy Policy; and (iv) provisions that by their nature should survive (license-back of feedback, ownership, fees accrued, indemnities, disclaimers, limits of liability, governing law, dispute resolution, and General Provisions) survive.

18Disclaimer of warranties

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the disclaimers above apply to the maximum extent permitted by law.

19Indemnification

By Customer

Customer will defend, indemnify, and hold harmless Playgent, its affiliates, and its and their officers, directors, employees, agents, and licensors from and against any claim, loss, damage, liability, fine, regulatory action, or expense (including reasonable attorneys’ fees) arising out of or related to:

• (a) Customer Content;
• (b) Customer’s use, reproduction, or distribution of any game, content, or AI-generated output, including any claim that such material is inaccurate, defamatory, offensive, infringing, off-brand, age-inappropriate, or otherwise unsuitable for the audience to which Customer exposed it;
• (c) Customer’s failure to preview, review, edit, or approve any game or content before deployment to end users;
• (d) Customer’s breach of §6 (Acceptable use), §7 (Customer Content), §8 (AI-generated content), or §9 (Player Data);
• (e) the products, websites, applications, or other offerings in which Customer embeds the Service, including any complaint by an end user about those offerings;
• (f) Customer’s violation of any applicable law, regulation, or third-party right (including privacy, publicity, intellectual property, advertising, consumer-protection, or gambling law); and
• (g) any reliance by Customer or Customer’s end users on AI-generated output or analytics produced by the Service.

By Playgent

Playgent will defend Customer against any third-party claim alleging that the unmodified Service, when used by Customer in accordance with these Terms and the Documentation, infringes a valid U.S. or U.K. patent, copyright, or registered trademark, and will pay damages and costs finally awarded against Customer by a court or agreed in settlement. If a claim is or is likely to be made, Playgent may, at its option: (i) modify the Service to be non-infringing; (ii) procure for Customer the right to continue using the Service; or (iii) terminate the affected Service and refund pre-paid, unused fees. Playgent has no obligation for claims arising from (a) Customer Content; (b) modifications not made by Playgent; (c) combination with non-Playgent products; (d) AI-generated content; or (e) Customer’s continued use after notice of an alleged infringement.

Process

The indemnified party will: (1) promptly notify the indemnifier of the claim; (2) allow the indemnifier to control the defense and settlement (provided no settlement requires admission of wrongdoing or payment by the indemnified party without consent); and (3) reasonably cooperate. The provisions above state the indemnified party’s sole remedy and the indemnifier’s sole liability for the matters described.

20Limitation of liability

The foregoing limitations do not apply to: (i) Customer’s payment obligations; (ii) breach of §6 (Acceptable use), §7 (Customer Content warranties), or §12 (IP); (iii) a party’s indemnification obligations; or (iv) liability that cannot be limited under applicable law (e.g., gross negligence, willful misconduct, fraud, or, where applicable, personal injury or death).

The parties agree that the limitations in this section are an essential basis of the bargain between them and apply regardless of the form of action.

21Force majeure

Neither party will be liable for delay or failure (other than payment obligations) caused by an event beyond its reasonable control, including acts of God, natural disaster, war, terrorism, riots, embargoes, government action, internet or utility outages, or third-party service failures. The affected party will use commercially reasonable efforts to mitigate.

22Compliance, export & sanctions

• Customer represents that it, its workspace owners, and its directly relevant beneficial owners are not on a U.S. Treasury OFAC sanctions list, the EU Consolidated Financial Sanctions List, the UK OFSI list, or located in a country subject to comprehensive U.S. embargo, and that Customer will not use the Service in violation of U.S. or other applicable export- control or sanctions laws.
• Customer will comply with anti-bribery laws, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act 2010.
• The Service is a “commercial item” as defined in FAR 2.101. If Customer is a U.S. government entity, the Service is provided with only those rights provided to all other end users under these Terms.

23DMCA / copyright

We respect intellectual property. If you believe content on the Service infringes your copyright, send a written notice with the elements required by 17 U.S.C. §512(c)(3) to:

We may remove or disable access to allegedly infringing content and terminate repeat infringers in appropriate circumstances. Counter-notifications must include the elements required by 17 U.S.C. §512(g)(3).

24Governing law

These Terms are governed by the laws of the State of Delaware and the federal laws of the United States, without regard to conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

25Arbitration & class waiver

• Arbitration. Any dispute arising out of or related to these Terms or the Service that cannot be resolved through good-faith negotiation within 30 days will be finally resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, for claims under US$250,000, the JAMS Streamlined Rules). The seat of arbitration is Wilmington, Delaware. Hearings may be held remotely. Each party bears its own attorneys’ fees, except where shifting is permitted by law or contract.
• Class waiver. Disputes will be resolved on an individual basis. Class, collective, and representative actions are not permitted. The arbitrator may not consolidate claims of multiple customers without all parties’ consent.
• Carve-outs. Either party may bring an action in a court of competent jurisdiction (i) for injunctive or equitable relief to protect intellectual property rights; (ii) for small claims; or (iii) where mandatory local consumer protection law grants a non-waivable right to court access.
• Opt-out. You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms.

26Changes to the Terms

We may update these Terms as the Service evolves. For material changes, we will: (i) update the “Last updated” date; (ii) post a notice in the Hub; and (iii) where the change materially reduces Customer’s rights, give at least 30 days’ advance notice by email to the workspace owner. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If Customer does not accept a material change, Customer’s sole remedy is to terminate before the effective date and request a pro-rata refund of pre-paid, unused fees.

27General provisions

• Entire agreement. These Terms, together with the Privacy Policy, the DPA (if applicable), and any signed Order, constitute the entire agreement between the parties on the subject matter and supersede prior or contemporaneous agreements. In case of conflict, the order of precedence is: signed Order > DPA > these Terms > Documentation.
• No third-party beneficiaries. These Terms do not create rights in any third party.
• Assignment. Customer may not assign these Terms without our written consent, except to an affiliate or to a successor in a merger or sale of substantially all assets, provided the assignee is not a competitor of Playgent. Playgent may assign without consent in connection with a merger, acquisition, or sale of assets. Any prohibited assignment is void.
• Independent contractors. The parties are independent contractors. These Terms do not create a partnership, agency, joint venture, or employment relationship.
• Notices. Notices to Playgent must be sent to [email protected] and to the address in §28. Notices to Customer may be sent to the workspace owner’s email or via the Hub. Notices are effective when delivered.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. A failure to enforce a right is not a waiver of that right.
• Headings. Section headings are for convenience and do not affect interpretation.
• Electronic signatures. The parties consent to executing these Terms and any Order electronically.

28Contact