Terms of Service

We’ve drafted these Terms and Conditions (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. These Terms form a legally binding contract between you and Games Builder (“Company,” “we,” “our,” or “us”). So please read all of these Terms carefully.

In order to use our website (www.gamesbuilder.com) and the no-code game-building software, tools, and related services (collectively, the “Platform”), you must accept our Terms and Privacy Policy, which are presented to you (i) when you first sign up to use the Platform and (ii) whenever we make any material changes to the Terms or the Privacy Policy. If you don’t agree with the Terms or the Privacy Policy, then don’t use the Platform. Any new features that augment or enhance the current Platform, including the release of new tools, software, and resources, are subject to the Terms. Your continued use of the Platform after any such updates and changes shall constitute your consent and agreement to the Terms.

1. Acceptance of Terms

By using the Platform, you signify your agreement to these Terms, including any future modifications. We reserve the right to modify these Terms at any time. We will notify you of significant changes to the Terms by posting the updated Terms on the Platform or through other communications. Your continued use of the Platform after any changes to the Terms indicates your acceptance of the updated Terms.

2. Use of the Platform

3. Your Account

You are responsible for any activity that occurs in your Games Builder account. It’s important that you keep your account secure, including by selecting a strong password that you don’t use for any other account.

By using the Platform, you agree that, in addition to exercising common sense:

• You will provide your legal full name, a valid email address, and any other information requested to complete the signup process.
• You are responsible for maintaining the security of your account and password.
• You are responsible for all content posted and activity that occurs under your account.
• You (or the legal entity you represent) will not maintain more than one free account.
• You will not create another account if we have already disabled your account, unless you have our written permission to do so.
• You will not allow your login to be used by more than one person. A single login shared by multiple people is expressly prohibited.
• You will not register any accounts by non-humans, “bots” or other automated methods, as such methods are expressly prohibited.
• You will not use your account for any illegal or unauthorized purpose.

You acknowledge that Games Builder will use the email address you provide upon creating an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Games Builder and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Games Builder can only be authenticated if they come from your Primary Email Address. If you lose access to your Primary Email Address, Games Builder will not be able to authenticate your Account and you will permanently lose access to your Account.

4. Content

We claim no ownership of intellectual property rights in the material and content you provide to or through the Platform or any other third party. Much of the content on our Platform is produced by users and other third parties. Whether that content is posted publicly or privately, the content is the sole responsibility of the person or organization that submitted it.

Your profile and the materials and content uploaded by you remain yours. However, by setting your pages, depots, or projects to be viewed publicly or otherwise making your content and materials available publicly on the Platform, you agree to allow others to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, promote, transmit, synchronize, display, syndicate, create derivative works from, publicly perform and publish, and otherwise exploit your content, and to associate such materials and content with you and your account.

You are solely responsible for any content that you upload, and for ensuring that you maintain backups of your content. We encourage you to regularly back up and/or archive your content, as we have no obligation to archive or create backup copies of your content for you. Any content that may be lost or unrecoverable through your use of the Platform remains your responsibility.

Games Builder does not pre-screen content, but may do so at its sole discretion. Games Builder may, but has no obligation to, remove or suspend content and accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. If necessary, we may also remove content to comply with our legal obligations.

5. Privacy

Your privacy matters to us. You can learn how your information is handled when you use our Platform by reading the Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by accepting it, you agree that your information may be collected and processed by Games Builder, as well as their affiliates, and transferred outside of the country in which you reside, including to countries that may not have the same data-protection laws as your country.

6. Purchase of Products and Licenses

7. Subscription and Fees

All plan pricing and related features can be found here: https://Gamesbuilder.com/pricing/

Technical support for the Platform is provided to all account holders and is available via contact form: https://Gamesbuilder.com/support/. Support is only available in English.

8. Content and Ownership

9. Monetization and Revenue Sharing

10. Respecting Copyright

We respect copyright law. We therefore take reasonable steps to expeditiously remove from our Platform any infringing material that we become aware of. And if Games Builder becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Platform infringes a copyright that you own or control, please contact us immediately at gamesbuilder.com/contact and include the following information:

• The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• Identify the copyrighted work claimed to have been infringed;
• Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
• Your contact information, including your address, telephone number, and an email address;
• A personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

11. Platform Restrictions

We try hard to keep our Platform a safe place for all users. But we can’t guarantee it. By using the Platform, you agree that:

• You will not use the Platform for any purpose that is illegal or prohibited in these Terms.
• You will not use the Platform in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
• You will not reverse engineer or attempt to extract the source code of the software used in our Platform, unless laws prohibit these restrictions or you have our written permission to do so.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Platform or extract other users’ information.
• You will not use or develop any third-party applications that interact with the Platform or other users’ content or information without our written consent.
• You will not reproduce, duplicate, copy, sell, resell, lease, or exploit any portion of the Platform (including any portion of the HTML/CSS, Javascript, or visual design elements or concepts), without the express written permission by Games Builder.
• You will not modify, adapt, or hack the Platform or modify another website so as to falsely imply that it is associated with the Platform or Games Builder.
• You will not use the Platform in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform, or that could damage, disable, overburden, or impair the functioning of the Platform.
• You will not use or attempt to use another user’s account, username, or password without their permission.
• You will not solicit login credentials from another user.
• You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Platform.
• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Platform that you are not authorized to access.
• You will not probe, scan, or test the vulnerability of our Platform or any system or network.
• You will not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
• You will not abuse or exceed API calls, and your bandwidth usage will not significantly exceed the average bandwidth usage of other users as determined solely by Games Builder.
• You will not abuse (whether verbally, physically, or in writing) or threaten to abuse any user, customer, employee, member, or officer of the Platform or Games Builder.
• You will not encourage or promote any activity that violates these Terms.

12. Trademarks and Intellectual Property Rights

All Games Builder graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Games Builder. Games Builder’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

13. Third-Party Links and Services

Our Platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Games Builder. These links are provided for your information only and should not be interpreted as approval by us of the linked websites, or the information obtained from them.

If you access or use any third-party website, service, or content from our Platform, including those jointly offered with a third party, you do so at your own risk. Each party’s terms will govern your relationship with that party, and Games Builder assumes no responsibility or liability for any third-party terms, actions, or content.

14. Suspension or Termination

We’re constantly improving our Services and may add or remove features at any time. We may suspend or terminate your access to the Platform for any reason, including failure to comply with these Terms, the law, or at our sole discretion.

Termination of your account or your use of the Services, whether initiated by you or by us, will (i) result in the deletion of your account, (ii) end your access to the Platform without any entitlement to a refund, and (iii) lead to the forfeiture, relinquishment, and deletion of all content in your account. While we will try to notify you beforehand, this may not always be possible.

Sections 3, 4, 6 and 13 to 21 of these Terms will survive the termination of these Terms.

15. Disclaimers

We strive to keep the Games Builder services up and running smoothly and free of inconveniences, but we cannot guarantee that we will always succeed.

The services are provided "as is" and "as available" and, to the extent permitted by law, without any representations or warranties of any kind, whether express or implied. To the extent permitted by law, all representations, warranties, conditions, terms, undertakings, and obligations implied by statute, common law, custom, trade usage, course of dealing, or otherwise are excluded, including, in particular, implied warranties, conditions, or other terms relating to merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. Additionally, while Games Builder strives to provide a positive user experience, we do not represent or warrant that: (i) the services will always be secure, error-free, or timely; (ii) the services will always function without delays, disruptions, or imperfections; or (iii) any content or information you obtain through the services will be timely or accurate.

If the law in the country where you live does not allow the exclusions of liability provided in this clause, those exclusions shall not apply.

Games Builder and its affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services, whether publicly or privately. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Games Builder or our affiliates will be responsible for.

Nothing in these terms will exclude or limit any responsibility we may have to remove content if required by the law of the country where you live.

16. Limitation of Liability

To the fullest extent permitted by law, Games Builder and its affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, content, use, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use the services.
• Your access to or inability to access the services.
• Any unauthorized access to or use of our servers or any personal data stored therein.
• The conduct or content of other users or third parties on or through the services.
• Any interruption or cessation of transmission to or from the services.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the services by any third party.
• Any errors or omissions in any content, or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services.

In no event will Games Builder or its affiliates’ aggregate liability for all claims relating to the services exceed the greater of €100 EUR or the amount you paid Games Builder in the last 12 months for any paid services.

If the law of the country where you live does not allow any limitation of liability provided for in this clause, that limitation will not apply.

17. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Games Builder, its affiliates, and their respective directors, officers, employees, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Platform in violation of these Terms; (b) your content infringing or misappropriating the intellectual property rights or other proprietary rights of a third party or violating applicable law; and (c) your breach of these Terms.

18. Governing Law and Dispute Resolution

19. General

20. Changes to Terms

Games Builder may revise these Terms from time to time, and the most current version will always be posted on the Platform. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Platform after revisions become effective, you agree to be bound by the revised Terms.

21. Contact Us

If you have any questions about these Terms, please contact us at:

Games Builder

gamesbuilder.com/contact

22. Country specific terms

If you or your business are located in any of the countries listed below, additional terms specific to that country will apply. If you're in the European Union or represent a business with its principal location within the EU, the European Union terms will apply in addition to any country-specific terms.