Playful.AI, Inc.
Terms of Use
Effective Date: July 30,
2026
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR
SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT
AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY
MANNER.
Welcome to Playful.AI’s website, games and services.
Please read on to learn the rules and restrictions that govern your use of our
website(s), games, products, software, newsletters, emails, services and
applications (the “Services”).
These Terms of Use (the “Terms”) are a binding
contract between you and Playful.AI, Inc. (“Playful.AI,” “Company”, “we”, “our”
and “us”). You must agree to and accept all of the Terms, or you don’t have the
right to use the Services. Your use of the Services in any way means that you
agree to all of these Terms, and these Terms will remain in effect while you
use the Services. These Terms include the provisions in this document, as well
as those in the Privacy
Policy.
By accessing or using the Services, you agree to be
bound by these Terms and all terms incorporated herein by reference. If you do
not agree to be bound by these Terms then you may not use or access the
Services.
NOTICE: Please read these Terms carefully. They
cover important information about Services provided to you and any charges,
taxes, and fees we bill you. These Terms include information about future
changes to these Terms, limitations of liability, a class action waiver and
resolution of disputes by arbitration instead of in court. If you do not wish to be subject to
arbitration, you may opt out of the arbitration provisions by following the
instructions provided in (f) of the “Arbitration” section below.
If you have any questions, comments or concerns
about these Terms or our Services, please contact us at support@playful.ai. For information about how we collect, use, share and otherwise
process information about you, please see our Privacy Policy.
Will these Terms ever change?
We are constantly trying to improve our Services, so
these Terms may need to change along with the Services. We reserve the right to
change the Terms at any time, but if we do, we will bring it to your attention
by placing a notice on playful.ai website, by sending you an email,
and/or by some other means.
If you do not agree with the new Terms, you are free
to reject them; unfortunately, that means you will no longer be able to use the
Services. If you use the Services in any way after a change to the Terms is
effective, that means you agree to all of the changes.
Except for changes by us as described here, no other
amendment or modification of these Terms will be effective unless in writing
and signed by both you and us.
What about my privacy?
Company takes the privacy of its users very
seriously. For the current Company Privacy Policy, please
click here.
The Children’s Online Privacy Protection Act
(“COPPA”) requires that online service providers obtain parental consent before
they knowingly collect personally identifiable information online from children
who are under 13. We do not knowingly collect or solicit information from
children under 13. If you are a child
under 13, do not attempt to register for the Services or send any information
about yourself to us. If we learn we
have collected personal information from a child under 13, we will delete that
information as quickly as possible. If you believe that a child under 13 may
have provided us personal information, please contact us via email at: support@playful.ai.
What are the basics of using
the Services?
You may be required to sign up for an account, and
create a user name (“User Name”). You promise to provide us with accurate,
complete, and updated registration information about yourself. You may not
select as your User Name a name that you don’t have the right to use, or
another person’s name with the intent to impersonate that person. You may not
transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age
to form a binding contract (or if not, you’ve received your parent’s or
guardian’s permission to use the Services and gotten your parent or guardian to
agree to these Terms on your behalf). If you are agreeing to these Terms on
behalf of an organization or entity, you represent and warrant that you are
authorized to agree to these Terms on that organization or entity’s behalf and
bind them to these Terms (in which case, the references to “you” and “your” in
these Terms, except for in this sentence, refer to that organization or
entity).
You will only use the Services for your own
internal, personal, non-commercial use, and not on behalf of or for the benefit
of any third party, and only in a manner that complies with all laws that apply
to you. If your use of the Services is prohibited by applicable laws, then you
aren’t authorized to use the Services. We can’t and won’t be responsible for
your using the Services in a way that breaks the law.
You will not copy, scrape, or otherwise make use of
any Service, either in whole or in party, for purposes of or in connection with
any so-called generative “artificial intelligence” technology (including, for
example, MidJourney, Dall-E, Stable Diffusion, GPT-4, ChatGPT, etc.), and/or
other forms of deep learning, machine learning and other artificial
intelligence technologies, including without limitation any proprietary
algorithms, software or systems that make use of or employ neural networks,
statistical learning algorithms (such as linear and logistic regression,
support vector machines, random forests and k-means clustering), or
reinforcement learning.
You will not share your account with anyone, and you
must protect the security of your account. You’re responsible for any activity
associated with your account.
Your use of the Services is subject to the following
additional restrictions:
You represent, warrant, and agree that you will not
contribute any Content or User Submission (each of those terms is defined
below) or otherwise use the Services or interact with the Services in a manner
that:
a. Infringes or violates the intellectual property
rights or any other rights of anyone else (including Company);
b. Violates any law or regulation, including, without
limitation, any applicable export control laws;
c. Is harmful, fraudulent, deceptive, threatening,
harassing, defamatory, obscene, or otherwise objectionable;
d. Jeopardizes the security of your Company account or
anyone else’s (such as allowing someone else to log in to the Services as you);
e. Attempts, in any manner, to obtain the password,
account, or other security information from any other user;
f. Violates the security of any computer network, or
cracks any passwords or security encryption codes; or that otherwise interfere
with the proper working of the Services (including by placing an unreasonable
load on the Services’ infrastructure);
g. “Crawls,” “scrapes,” or “spiders” any page, data, or
portion of or relating to the Services or Content (through use of manual or
automated means);
h. Copies or stores any significant portion of the
Content; or
i.
Decompiles, reverse engineers, or otherwise attempts to obtain
the source code or underlying ideas or information of or relating to the
Services.
A violation of any of the foregoing is grounds for
termination of your right to use or access the Services.
The Services, including all games and/or apps,
provided to you are licensed, not sold, to you. Please note that playing our
games may require you to interact with Apple, Google, ChatGPT, Claude or other
Platform Services. If you have any concerns about the terms of use or privacy
in regard to such services, please review their Terms of Use and Privacy
Policies listed below:
· The Apple Media Services Terms and
Conditions, a copy of which is located at https://www.apple.com/legal/internet-services/itunes/ ; as well as the Apple
Licensed Application End User License Agreement, a copy of which is located at https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/ (the “Apple License”)The Google Play Terms of Use Agreement, a copy of
which is located at https://play.google.com/intl/en/about/play-terms.html (the “Google
Play License”)
· The ChatGPT Terms of Use Agreement, a copy of which
is located at https://openai.com/policies/terms-of-use/ and Privacy Policy, a copy of which is located at https://openai.com/policies/row-privacy-policy/
· The Claude Terms of Use Agreement, a copy of which
is located at https://privacy.claude.com/en/collections/10672567-policies-terms-of-service, and Privacy Policy, a copy of which is located at https://privacy.claude.com/en/collections/10663362-consumers
The terms of each such applicable license are
incorporated herein by this reference.
FEATURES AVAILABLE IN CONNECTION WITH GAMES, APPS
AND OTHER CONTENT AVAILABLE AS PART OF THE SERVICES.
a) Communication Features. When using or
accessing games, content or applications provided by a third party ("Third
Party Channels”), you understand that you may be exposed to messages,
information, data, text, software, graphic files, advertising or other
materials, whether in written, verbal, electronic, digital, machine-readable or
other form (whether now known or hereafter to become known) from other users
(“Third Party User Material”) and that you might find such Third Party User
Material objectionable. Company and its third party providers do not control
the content of any Third Party User Material and do not guarantee its accuracy,
integrity or quality. You understand that any Third Party User Material sent
through or appearing on the Third Party Channels is the sole responsibility of
those users or persons transmitting such Third Party User Material. This means
that you, and not Company or its third party providers, are entirely
responsible for all Third Party User Material that you transmit or receive.
Under no circumstances will Company or its third party providers be liable
for any errors or omissions in any Third Party User Material or for any loss or
damages of any kind incurred as a result of the access to, downloading,
viewing, listening, use of or inability to use any Third Party User
Material. Company or its third party providers have no obligation to
monitor or supervise Third Party User Material, and expressly disclaim any
representation that they will monitor or supervise such Third Party User
Material. You agree that you have no expectation of privacy in connection with
any Third Party User Material. You also agree to indemnify and defend and
hold Company or its third party providers harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third party due to,
or arising out of, your violation of these terms and conditions or your
violation of any rights of another.
b) Purchase Features. Some
applications offered by way of the Services or otherwise referenced on the
Company website may include the ability to make purchases within the
application itself (also referred to as “in-app purchases”). This can include
the ability to purchase additional content or access additional features
without having to leave the application. Any and all in-app
purchases, including virtual goods and/or virtual currency, provided by the
Services are provided solely for your personal entertainment and use solely as
part of your use and enjoyment of the Services. Their use is subject to these
Terms as applicable. All in-app purchases, virtual goods and virtual currency
are licensed to you, are not your personal property, and no ownership interest
in them is transferred to you. The prices charged and the quantities made
available, as well as the kinds of in-app purchases, virtual goods and virtual
currencies made available, may be changed by Company at any time and with or
without notice in its sole discretion. Any and all such in-app purchases,
virtual goods and virtual currency may also be changed or discontinued at any
time with or without notice by Company in its sole discretion. No virtual goods
or virtual currency may ever be redeemed by you for money, services, merchandise,
or other goods or items of monetary value from Company or any other third
party. The device on which you are accessing such applications may include
settings that prevent access to certain features or content, which may allow
you to turn off the ability to make in-app purchases. For example, Apple, Inc.
outlines the steps required to enable restrictions on certain of its devices
(currently at http://support.apple.com/kb/HT4213). Please review your settings on your device or
seek advice from your data carrier or the manufacturer of your device on how to
change your settings or enable restrictions.
c) Social Network Access. When using
some applications offered by way of the Services or otherwise referenced on the
Company website, you may have the ability to access a social network. If you
access a social network, you may need to share information (some of which could
be personally identifiable information).
What are my rights in the
Services?
The materials displayed or performed or available on
or through the Services, including, but not limited to, text, graphics, data,
articles, photos, images, illustrations, User Submissions, and so forth (all of
the foregoing, the “Content”) are protected by copyright and/or other
intellectual property laws. You promise to abide by all copyright notices,
trademark rules, information, and restrictions contained in any Content you
access through the Services, and you won’t use, copy, reproduce, modify, translate,
publish, broadcast, transmit, distribute, perform, upload, display, license,
sell, commercialize or otherwise exploit for any purpose any materials not
owned by you, (i) without the prior consent of the owner of that Content or
(ii) in a way that violates someone else’s (including Company’s) rights.
Except as expressly stated herein, nothing contained
in these Terms shall be construed as conferring on you any right, title or
interest, by implication, estoppel or otherwise; without the express written
consent of Company. You acknowledge that all rights, ownership, intellectual
property and title in and to the Services, including without limitation any
User Accounts, Login Information, titles, trademarks, trade names, service
marks, copyrights, patent rights, moral rights, computer code, themes, objects,
catch phrases, locations, concepts, artwork, animations, sounds, music, video,
photographs, opinions, images, text, audio-visual effects, or methods of
operation and any documentation or intellectual property rights related to or
arising from any of the aforementioned items (collectively, “Materials”) are
owned and controlled by Company or its third party providers for its / their
sole and exclusive benefit. You may not use, copy, reproduce, create derivative
works from, perform, publicly display, adapt, upload, modify, edit, publish,
post, transmit, participate in the transfer or sale, license, distribute or
exploit, in any way whatsoever, the Materials contained in the Services without
the express written permission of Company or the applicable third-party
provider(s). Any modification of the Materials or any portion thereof, or
unauthorized use of the Materials for any other purpose, constitutes an
infringement of Company's or the applicable third-party provider(s)’ copyrights
and other proprietary rights. Solely for
purposes of example, such trademarks and/or trade names include, without
limitation, Playful.AI and any game names and related logos for games published
by Playful.AI, among possible others.
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN,
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY
INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS
IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE
BENEFIT OF PLAYFUL.AI.
The Services may allow you to copy, download certain
Content, or transmit Content via streaming video; please remember that just
because this functionality exists, doesn’t mean that all the restrictions above
don’t apply – they do!
What if I see something on
the Services that infringes my copyright or trademark?
Playful.AI respects the intellectual property rights
of others and request that users of the Services likewise respect the
intellectual property rights of others as well. We also understand that various
artificial intelligence engines used within our Services may also create
content that may be of concern. Pursuant to 17 U.S.C. 512(i) of the United
States Copyright Act, Playful.AI will remove any content that allegedly
infringes another party’s copyright and reserve the right to suspend,
terminate, or cancel a User Account or a User’s access to and use of the
Services if a User is found to be a repeat infringer. It is, furthermore,
Playful.AI’s policy to respond to alleged infringement notices that comply with
the Digital Millennium Copyright Act of 1998 (“DMCA”).
If You believe that Your copyrighted work has been
copied in a way that constitutes copyright infringement and is accessible via
the Service, please notify Playful.AI as required by the DMCA. For Your
complaint to be valid under the DMCA, You must provide the following
information in writing:
*An electronic or physical signature of a person
authorized to act on behalf of the copyright owner;
*Identification of the copyrighted work that you
claim has been infringed;
*Identification of the material that is claimed to
be infringing and where it is located on the Service;
*Information reasonably sufficient to permit
Playful.AI to contact you, such as your address, telephone number, and, e-mail
address;
*A statement that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or law; and
*A statement, made under penalty of perjury, that
the above information is accurate, and that you are the copyright owner or are
authorized to act on behalf of the owner.
The above information must be submitted to the
following email address:
Email: DMCA@playful.ai
Subject: Notice of DMCA COMPLAINT
If you believe any content violates your trademark
rights, please submit details including any trademark registration information
to the same email address:
Email: DMCA@playful.ai
Subject: Notice of Trademark COMPLAINT
Alternatively, if you prefer to contact us via
postal mail, here is information about where to do so:
Mail Address:
Playful.AI, Inc.
c/o Support
PO Box 681
San Francisco, CA 94104
United States of America
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT
THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION
FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS’ FEES.
Please note that this procedure is exclusively for
notifying Playful.AI and its affiliates that your copyrighted material has been
infringed. The preceding requirements are intended to comply with Playful.AI’s
rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not
constitute legal advice. It may be advisable to contact an attorney regarding
your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable
law, Playful.AI has adopted a policy of terminating, in appropriate
circumstances and in Playful.AI’s sole discretion, members who are deemed to be
repeat infringers. Playful.AI may also at its sole discretion limit access to
the Site, any Services and/or terminate the accounts of any Users who infringe
any intellectual property rights of others, whether or not there is any repeat
infringement.
Who is responsible for what I
see and do on the Services?
Safety while using the Services
While you are using our Services, please be aware of
your surroundings, and play and communicate safely. You agree that your use of
the Services is at your own risk, and that you will not use the Services to
violate any applicable law, regulation, event policies, or instructions as
outlined in these Terms, and you will not encourage or enable any other
individual to do so.
Interactions with others
You agree that while using the Services you will
maintain safe and appropriate contact with other players as well as other
people in the real world. You will not harass, threaten or otherwise violate
the legal rights of others. You will not trespass, or in any manner attempt to
gain or gain access to any property or location where you do not have the right
or permission to be. You agree that you
will not otherwise engage in any activity that may result in injury, death,
property damage, nuisance, or liability of any kind.
Appropriate communications and posting of
information
The Services may contain links or connections to
third party websites (including advertising) or services (including payment
services providers, such as Stripe) that are not owned or controlled by
Company. When you access third party websites or use third party services, you
accept that there are risks in doing so, and that Company is not responsible
for such risks. We encourage you to be aware when you leave the Services and to
read the terms and conditions and privacy policy of each third-party website or
service that you visit or utilize.
Company has no control over, and assumes no
responsibility for, the content, accuracy, privacy policies, or practices of or
opinions expressed in any third-party websites or by any third party that you
interact with through the Services. In addition, Company will not and cannot
monitor, verify, censor or edit the content of any third-party site or service.
By using the Services, you release and hold us harmless from any and all
liability arising from your use of any third-party website or service.
Your interactions with organizations and/or
individuals found on or through the Services, including payment and delivery of
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever investigation you
feel necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties. You agree that Company shall not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings.
Disputes/Limitation of Company’s Liability
If there is a dispute between participants on this
site, or between users and any third party, you agree that Company is under no
obligation to become involved. In the event that you have a dispute with one or
more other users, you release Company, its officers, directors, employees,
contractors, agents, investors, shareholders and successors from claims,
demands, and damages of every kind or nature, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising out of or in any way related to
such disputes and/or our Services. If you are a California resident, you shall
and hereby do waive California Civil Code Section 1542, which says: "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the
debtor."
Will Company ever change the
Services?
We’re always trying to improve the Services, so they
may change over time. We may suspend or discontinue any part of the Services,
or we may introduce new features or impose limits on certain features or
restrict access to parts or all of the Services. We reserve the right to remove
any Content from the Services at any time, for any reason (including, but not
limited to, if someone alleges you contributed that Content in violation of
these Terms), in our sole discretion, and without notice.
What if I want to stop using the Services?
You may stop using the Services at any time. Please
refer to our Privacy Policy, as well as the licenses above, to understand how
we treat information you provide to us after you have stopped using our
Services.
Company may also terminate (or suspend access to)
your use of the Services or your account, for any reason in our discretion,
including your breach of these Terms. Company has the sole right to decide
whether you are in violation of any of the restrictions set forth in these
Terms.
WITHOUT LIMITING ANY OTHER REMEDIES, PLAYFUL.AI MAY
LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE
OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR PLAYFUL.AI
SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii)
FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN
LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION
OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND
PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND PLAYFUL.AI
IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT,
SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT
ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR
REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM
ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE
LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD
PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN
APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE
ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL
PROPERTY RIGHTS.
PLAYFUL.AI RESERVES THE RIGHT TO TERMINATE ANY
ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Playful.AI reserves the right to stop offering
and/or supporting the Service or a particular game or part of the Service at
any time, at which point your right to use the Service or a part thereof will
be automatically terminated. In such event, Playful.AI shall not be required to
provide refunds, benefits or other compensation to users in connection with
such discontinued Service. Termination of your Account can include disabling
your access to the Service or any part thereof including any content you
submitted or others submitted. Account termination may result in permanent
destruction of any Content and/or other works associated with your account,
including irreplaceable items, so keep that in mind before you decide to
terminate your account.
Provisions that, by their nature, should survive
termination of these Terms shall survive termination. By way of example, all of
the following will survive termination: any obligation you have to pay us or
indemnify us, any limitations on our liability, any terms regarding ownership
or intellectual property rights, and terms regarding disputes between us,
including without limitation the arbitration agreement.
Virtual Items
Certain of the Services may provide you
with the opportunity to license a variety of virtual items such as virtual tokens, virtual goods and/or
other digital content or digital items (individually and collectively “Virtual
Items”). You may be required to pay a
fee to obtain Virtual Items. Any and all Virtual Items
provided as part of the Services are provided solely for your personal
entertainment and use solely as part of your utilization and enjoyment of the
Services. Their use is subject to these Terms as applicable and the terms of
any applicable payment processor, payment provider or third-party provider,
such as Stripe. Please see the “Payment
Processing” section below in these Terms for additional information related to
payment processing.
VIRTUAL ITEMS ARE LICENSED TO YOU IN ACCORDANCE WITH
THESE TERMS AND ARE NOT PREPAID PAYMENT INSTRUMENTS OR OTHERWISE ITEMS OF
MONETARY VALUE.
All Virtual Items are
licensed to you under a limited, non-transferable, revocable, non-sublicensable
license to use those Virtual Items within the applicable Services. Virtual Items are not your personal property
and no ownership interest in them is transferred to you. The prices charged and
the quantities made available, as well as the kinds of Virtual Items made
available and/or the means of exchange, may be changed by Company at any time
and with or without notice in Company’s sole discretion. Any and all such
Virtual Items may also be changed or discontinued at any time with or without
notice by Company in its sole discretion. Virtual Items have no monetary value
and cannot be used or redeemed by you to purchase or use products, services,
money, merchandise or other goods or items of monetary value from Company or
any other third party; Virtual Items are intended to be used or redeemed only
for products or services that are within the Services and then only to the
extent offered within such applicable Services. Virtual Items cannot be
refunded or exchanged for cash or any other tangible value. You must be located in the United States in
order to purchase Virtual Items.
You, and not us, have to pay
any sales tax, VAT or like taxes that may be applicable to any purchases based
on your geographic location. These taxes
will be added when you check out or complete your purchase.
Software Licenses and Use
Rights.
All software, Virtual Items
and other digital content made available through the Services are licensed, not
sold, to you and are subject to these Terms. You understand and acknowledge
that your rights with respect to such software, Virtual Items and digital
content are limited by these Terms, all terms and conditions referenced herein,
and all applicable copyright and intellectual property laws. Any reproduction
or redistribution of any software, Virtual Items or digital content not in
accordance with these Terms and applicable law is expressly prohibited.
All
Materials for End Users Only. No Reselling.
By downloading and using the
Services and any software, Virtual Items and/or other digital content, you
agree that you are an end user. Resellers are not eligible to use the Services
or to license or purchase any software, Virtual Items or other digital content
provided via the Services.
Geographic
Availability.
The availability of the
Services and any related digital content may vary depending on your geographic
location as well as your device. There may also be legal limitations and
restrictions on where Company is permitted to ship games, services and/or other
digital content. To complete your purchase, you may be required to have a valid
billing and shipping address within a country or region where the Company is
permitted to sell such goods and services and/or is otherwise active selling
such goods and services.
Refund
Policy.
All sales of Company Virtual
Items or other digital content are considered final and not subject to a
refund. Company understands, however, that sometimes you may be dissatisfied
with your purchase and that such dissatisfaction may be due to causes beyond
your control. If you believe that your circumstances are extenuating and that
you should be entitled to a refund, Company is happy to hear your concerns, and
if the circumstances warrant, as Company may determine reasonably and in good
faith in Company’s sole discretion, Company may agree to process a refund. Let
us know the reason for the refund request so we can best improve your
experience and treat you in the fairest and best way possible.
We truly want you to have an
enjoyable experience and will be happy to process a refund if justified.
Company shall issue such refunds as part of a transparent, consistent and
reliable buying experience. If it appears refunds are being abused, however, Company
reserves the right to refuse any refund, rescind this refund policy, and refuse
all refunds except where legally required.
Only Content or Virtual Items
that have been purchased directly from Company, via the Services, can be
returned to Company.
Please request your refund by
contacting Company at support@playful.ai. As part of the request,
please provide your name, the name of the item or product purchased, the date
of purchase, and the nature of your problem or reason for requesting the
refund. For certain goods and/or services, refund requests may be refused if substantial
time has passed and/or the item or product has been substantially used.
If your refund request is
approved by Company, you will no longer be able to use the Content or Virtual
Item(s). The refund may take several business days. Please check with your bank
and/or credit card provider to make certain that the refund has been properly
credited to your account.
Delivery
of Games, Software and Content.
Virtual Items and other
digital content purchased from Company and/or through the Services, as well as
other downloadable content (including, without limitation, Content), shall be
accessible in the relevant parts of the Services and, in certain instances, may
only be usable in games that support such parts of the Services (for example,
custom avatars). Virtual Items purchased
in specific games or groups of games may only be accessible in those games. While Company shall make commercially
reasonable efforts to ensure that you are able to make use of the Virtual
Item(s) that Company controls, you agree that Company shall not be liable for
lost or inaccessible Virtual Items.
Participation in Beta
Programs
Company may offer you early
access to certain pre-release versions of Company’s mobile application and/or
game software (the “Beta Test Software”) in order to allow you to test and
provide feedback on that Beta Test Software as part of Company’s game testing
processes (a “Beta Test Program“).
Company will only offer access to Beta Test Programs to selected testers
on a limited, or “closed”, basis. This Section shall not apply to test programs
that Company may offer publicly to everyone, or on an ”open” basis.
If you agree to participate
in a Beta Test Program, you acknowledge that all information and materials that
Company may provide to you in connection with the Beta Test Program and/or the
Beta Test Software, including without limitation any and product features or
content, game documentation, promotional materials, as well as everything else
related to the Beta Test Program (“Beta Test Materials”), are the exclusive,
proprietary property of Company and is confidential. All such materials should
be treated as confidential until such time as Company releases it publicly
without restrictions. In furtherance of
the above, you agree that you shall not be eligible to participate and will not
participate in any Beta Test Program if you are employed by, either full time
or part time, or are otherwise affiliated with a competitor or potential
competitor of Company.
If Company offers you access
to the Beta Test Software, then, subject to your compliance with these Terms,
Company shall grant you a personal, non-exclusive, non-transferable, revocable,
limited license to use the Beta Test Software solely for the purposes of
testing and providing feedback on the Beta Test Software and solely as part of
the Beta Test Program.
Without limiting the
foregoing and except as prohibited under applicable law, the following are
prohibited and you may not:
disclose, demonstrate, show, discuss,
give or sell the Beta Test Software or Beta Test Materials to anyone;
copy, modify, or create
derivative works based on the Beta Test Software;
reverse engineer, decompile,
disassemble, decrypt or otherwise attempt to derive the source code of the Beta
Test Software;
install the Beta Software on any device
or system you do not directly control or that you share with others;
blog, tweet, or otherwise
publicly post information about the Beta Software;
take screenshots, photos,
videos, or audio recordings of the Beta Software unless Company has given its
express consent for you to do so in writing and in advance; or
make Beta Feedback (as
defined below) available to any third party, unless Company has given its
express consent for you to do so in writing and in advance.
You agree to be mindful when
using Beta Test Software and Beta Test Materials in public. You agree to use
your best effort to prevent others from seeing, hearing, filming, or
photographing the Beta Test Software and Beta Test Materials. You agree Company
promptly of any unauthorized access or of any suspected breach of your
account’s security.
Company may collect your
comments, suggestions, and feedback on the Beta Test Software, and may also
track your use of the Software through analytic tools, in accordance with
Company’s Privacy Policy. All such comments, suggestions, feedback, and analytic
data (collectively, the "Beta Test Feedback") are and shall be the
exclusive property of Company.
You understand and agree that
participation in the Beta Test Program is voluntary and does not create a legal
partnership, agency, or employment relationship between you and Company, and
you will not be compensated for your participation or any Beta Test Feedback.
Unless prohibited by
applicable law, all Beta Test Software and Beta Test Materials are provided to
you "as is" without any explicit or implicit warranty of any kind.
You understand that the Beta Software is in development and may contain errors,
bugs, and other problems that could cause loss of data and/or system failure.
You should install the Beta Software on non-production devices that are not
business critical and have been backed up. To the extent permitted under
applicable law, Company is not liable in any way for any damages you might
incur as a result of your participation in the Beta Test Program.
You agree that any breach of
your confidentiality obligations will result in irreparable harm to Company,
the extent of which would be difficult to ascertain, and that monetary damages
will not be an adequate remedy. Accordingly, you agree that in the event you
breach your confidentiality obligation, Company shall be entitled to injunctive
or other equitable relief as the court deems appropriate without the necessity
of posting a bond, in addition to any other remedies which it may have
available.
Export
Restrictions.
Virtual Items, other digital
content (including, without limitation, Content), and other products, goods or
services offered by or on behalf of Company (including, without limitation, the
Services) may be subject to customs and export control laws and regulations in
different countries and jurisdictions, including the United States. By using
the Services, you warrant that you are not located in a country subject to a United States
government embargo, or that has been designated by the United States government
as a “terrorist supporting” country, and that you are not listed on any United
States government list of prohibited or restricted parties and are not
exporting any item, good or services (including, without limitation, any of the
Services or any Virtual Items) to any person or place to which the United
States, European Union or other jurisdiction has embargoed goods. You agree to comply with all applicable
international and national laws, rules and regulations, including, without
limitation, United States and international export control laws.
What else do I need to know?
Warranty Disclaimer
Neither Company nor its licensors or suppliers make
any representations or warranties concerning any content contained in or
accessed through the Services, and we will not be responsible or liable for the
accuracy, copyright compliance, legality, or decency of material contained in
or accessed through the Services. We (and our licensors and suppliers) make no
representations or warranties regarding suggestions or recommendations of
services or products offered or purchased through the Services. Products and
services purchased or offered (whether or not following such recommendations
and suggestions) through the Services are provided “AS IS” and without any
warranty of any kind from Company or others (unless, with respect to such
others only, provided expressly and unambiguously in writing by a designated
third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY
COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT
WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR SECURITY, OR THAT USE OF THE SERVICES WILL BE
UNINTERRUPTED, ACCURATE, RELIABLE OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY DISCLAIMER AND
THE LIMITATION OF LIABILITY BELOW WILL SURVIVE ANY EXPIRATION, TERMINATION OR
CANCELLATION OF THE SERVICES AND/OR THESE TERMS OR ANY DETERMINATION THAT THESE
TERMS OR ANY PORTION OF THESE TERMS ARE VOID OR VOIDABLE.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW,
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT
LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR
ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS,
OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS
OF THE GREATER OF (I) $100, OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN
CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE
APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE
LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
To the fullest extent allowed by applicable law, you
agree to indemnify and hold Company, its affiliates, officers, agents,
employees, and partners harmless from and against any and all claims,
liabilities, damages (actual and consequential), losses and expenses (including
attorneys’ fees) arising from or in any way related to any third party claims
relating to (a) your use of the Services (including any actions taken by a
third party using your account), and (b) your violation of these Terms. In the
event of such a claim, suit, or action (“Claim”), we will attempt to provide
notice of the Claim to the contact information we have for your account (provided
that failure to deliver such notice shall not eliminate or reduce your
indemnification obligations hereunder).
Assignment
You may not assign, delegate or transfer these Terms
or your rights or obligations hereunder, or your Company account or any other
account used to access the Services, in any way (by operation of law or
otherwise) without Company’s prior written consent. We may transfer, assign, or
delegate these Terms and/or our rights and/or obligations, without consent or
notice.
Choice of Law
These Terms are governed by and will be construed
under the applicable laws of the State of California and the country of the
United States of America. Any and all
disputes regarding these Terms and/or your use of the Services are brought
within the country of Sweden, without regard to the conflicts of laws
provisions thereof. You agree to
jurisdiction and venue within the City and County of San Francisco, California,
USA.
Miscellaneous.
You will be responsible for paying, withholding,
filing, and reporting all taxes, duties, and other governmental assessments
associated with your activity in connection with the Services and/or Virtual
Items, provided that the Company may, in its sole discretion, do any of the
foregoing on your behalf or for itself as it sees fit. The failure of either
you or us to exercise, in any way, any right herein shall not be deemed a
waiver of any further rights hereunder. If any provision of these Terms is found
to be unenforceable or invalid, that provision will be limited or eliminated,
to the minimum extent necessary, so that these Terms shall otherwise remain in
full force and effect and enforceable. You and Company agree that these Terms
are the complete and exclusive statement of the mutual understanding between
you and Company, and that these Terms supersede and cancel all previous written
and oral agreements, communications and other understandings relating to the
subject matter of these Terms. You hereby acknowledge and agree that you are
not an employee, agent, partner, or joint venture of Company, and you do not
have any authority of any kind to bind Company in any respect whatsoever.
Except as expressly set forth in the sections above
regarding the arbitration agreement, you and Company agree there are no
third-party beneficiaries intended under these Terms.
Contact Us
Playful.AI, Inc.
c/o Support
PO Box 681
San Francisco, CA 94104
United States of America
Email: support@playful.ai
Date of
Last Update: July 30, 2026