EULA

This End User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and Games Builder ("Company," "we," "us," or "our") governing your use of our website (www.gamesbuilder.com) and the no-code game-building Platform, tools, and related services (collectively, the "Platform"). By downloading, installing, or using the Platform, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download, install, or use the Platform.

1. License Grant

1.1 We grant you a limited, non-exclusive, non-transferable, revocable worldwide license to use the Platform, subject to the terms set out in this EULA (the "License").

1.2 The License permits you to use the Platform on your device for personal, non-commercial purposes only. Your access to and use of the Platform is licensed, not sold. You may not use the Platform for any commercial purposes, distribute, resell, lease, or provide the Platform to any third party. Charging any fee, whether for profit or to recover costs, for distributing the Platform is also prohibited.

1.3 You may not make copies of the Platform or any part of it except as necessary to run it on your device. You are prohibited from disseminating, conveying, making available to the public, renting, leasing, transferring, modifying, or creating derivative works from the Platform, unless explicitly permitted by applicable law.

1.4 The License remains valid as long as you comply with its terms. If you have a paid subscription, the License is valid for the duration of your subscription, starting from your initial purchase date. For free account users, the License remains valid as long as the account is active and in compliance with this EULA.

1.5 We retain all rights to the Platform that are not expressly granted to you under this License. Unless permitted by applicable law, you may not use the Platform in any manner not expressly allowed by this EULA, nor may you allow others to do so on your behalf.

1.6 If you do not agree to these terms, do not download, install, or use the Platform.

2. Restrictions

You agree that you will not:

  • Sell, transmit, host, or otherwise commercially exploit the Platform.
  • Copy, reproduce, or use the Platform for any purposes other than personal, non-commercial use.
  • Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Platform.
  • Attempt to access or tamper with the source code of the Platform.

3. Content Creation

3.1 The Platform allows you to create content, including text, images, and other media, which may be uploaded or generated through the Platform. You retain ownership of the content you create. However, by using the Platform, you grant Games Builder a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, modify, distribute, and publicly display your content in connection with the Platform and its related services.

3.2 Content Moderation: Games Builder reserves the right to remove or disable access to any user-generated content that, in its sole discretion, violates this EULA, applicable law, or any of our policies or guidelines. This includes content that may be deemed offensive, harmful, or inappropriate for the Platform.

4. Updates and Modifications

Games Builder may periodically release updates, bug fixes, and new features for the Platform. These updates may be automatically installed without prior notification to you. By using the Platform, you agree to receive such updates and acknowledge that the Platform may change as a result. We reserve the right to modify, suspend, or discontinue the Platform or any part thereof at any time, with or without notice.

5. Feedback

If you provide any feedback, suggestions, or ideas about the Platform ("Feedback"), you agree that Games Builder may use this Feedback without any obligation to compensate or credit you. You hereby grant Games Builder a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to incorporate and use the Feedback in any manner.

6. Intellectual Property

The Platform, including all content, trademarks, logos, and related intellectual property, is the exclusive property of Games Builder. You acknowledge that you have no ownership or rights to the Platform other than the limited license granted under this EULA. Any unauthorized use of the Platform is strictly prohibited and may violate copyright, trademark, and other laws.

7. Privacy and Data Collection

We may collect and use certain personal information, such as your email address, in accordance with our Privacy Policy, which is incorporated by reference into this EULA. By using the Platform, you consent to the collection, use, and disclosure of your information as outlined in our Privacy Policy. You can view the full Privacy Policy gamesbuilder.com/privacy-policy .

8. Termination

8.1 This EULA is effective until terminated. Your rights under this EULA will automatically terminate if you fail to comply with any term of this EULA. Upon termination, you must cease all use of the Platform and destroy any copies in your possession.

8.2 Games Builder reserves the right to terminate this EULA or your access to the Platform at any time, for any reason, with or without notice. Termination of this EULA will mmediately revoke any licenses granted herein.

9. Disclaimer of Warranties

The Platform is provided "as is" and "as available," without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company and the author of the Platform expressly disclaim any warranty that the Platform or any related documentation will be uninterrupted, error-free, or free of harmful components. You accept all risks arising out of the use or performance of the Platform. Under no circumstances shall the Company be liable for any direct, indirect, special, or consequential damages related to the use of the Platform, regardless of the cause of action or theory.

10. Limitation of Liability

To the fullest extent permitted by law, in no event shall Games Builder, its affiliates, licensors, or any other person or entity claiming through Licensee be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, income, or savings, arising out of or related to your use of or inability to use the Platform, whether arising in contract, tort, warranty, or otherwise, even if Games Builder has been advised of the possibility of such damages.

These limitations shall apply regardless of the essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations may not apply to you. Under no circumstances shall Games Builder's aggregate liability to you, or any other person or entity claiming through you, exceed the financial amount actually paid by you to Games Builder for the Platform.

11. Governing Law and Dispute Resolution

11.1 This EULA shall be governed by and construed in accordance with the laws of the USA, without regard to its conflict of laws principles. Any disputes arising out of or relating to this EULA or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the USA Arbitration Association. The arbitration shall be conducted in Wyoming, and the language of the arbitration shall be English.

11.2 Opt-out Provision: You have the right to opt out of the arbitration clause within 30 days of first agreeing to this EULA. To opt out, you must send a written notice to Games Builder at the contact information provided in Section 15. If you opt out of arbitration, you agree to resolve any disputes in accordance with the governing law and jurisdiction provisions of this EULA.

12. Changes to this EULA

Games Builder reserves the right to modify this EULA at any time. We will notify you of any changes by posting the new EULA within the Platform or through other communication methods at least 14 days prior to the changes becoming effective. Your continued use of the Platform after any changes indicates your acceptance of the revised EULA. If you do not agree with the modified EULA, you must discontinue using the Platform by ceasing access before the changes take effect.

13. Entire Agreement

This EULA, together with the Privacy Policy, constitutes the entire agreement between you and Games Builder regarding your use of the Platform and supersedes all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating to the Platform.

14. Severability

14.1 If any provision of this EULA is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from this EULA, and the remaining provisions shall remain in full force and effect.

14.2 Reformation Clause: If any provision of this EULA is deemed invalid or unenforceable, that provision will be reformed to the minimum extent necessary to make it enforceable while preserving the intent of the original provision. If such reformation is not possible, the invalid or unenforceable provision will be severed, and the remaining provisions of this EULA will continue in full force and effect.

15. Contact Information

If you have any questions about this EULA, please contact us at:

Games Builder
gamesbuilder.com/contact

16. General Provisions

16.1 This EULA becomes legally binding upon the earlier of (i) your execution of this EULA or (ii) your first use of the Platform. No further notice from you is required for the contract to be effective.

16.2 The License granted under this EULA is effective from the moment you download, install, or use the Platform.

16.3 The provisions of Sections 7 (Privacy and Data Collection), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), and 11 (Governing Law and Dispute Resolution) shall survive any expiration or termination of this EULA.

16.4 If you are a consumer based in the European Union, you may have additional rights and remedies under local consumer protection laws. This EULA does not limit any such rights and remedies to the extent they cannot be waived under applicable law.

16.5 This EULA and all rights and obligations hereunder are personal to you and may not be assigned or transferred by you without the prior written consent of Games Builder.

16.6 Games Builder may assign or transfer any rights or obligations under this EULA without your prior consent. This EULA shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

16.7 The failure of Games Builder to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

16.8 The headings used in this EULA are for convenience only and shall not affect the interpretation of any provision.