Terms of Service

1. Acceptance of Terms

By accessing or using SpawnForge ("the Service"), operated by SpawnForge ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service.

These Terms apply to all visitors, registered users, and subscribers of the Service. By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or legal guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

2. Description of Service

SpawnForge is a web-based, AI-powered game creation platform that allows users to build 2D and 3D games through natural language interaction and a visual editor. The Service includes, but is not limited to:

• A browser-based game editor with real-time 3D rendering
• AI-assisted game creation and scene editing via natural language
• AI-powered asset generation (3D models, textures, sound effects, music, voice)
• Visual scripting and TypeScript-based game scripting
• Game export and cloud publishing capabilities
• Cloud project storage and management
• A community marketplace for sharing and discovering games

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration

To access certain features of the Service, you must create an account. When you register, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Subscriptions and Billing

SpawnForge offers both free and paid subscription tiers. By subscribing to a paid plan, you agree to the following:

4.1 Subscription Plans

The features, limits, and pricing of each subscription tier are described on our Pricing page. We reserve the right to change pricing and plan features upon 30 days' written notice to subscribers.

4.2 Payment

All payments are processed through Stripe, a third-party payment processor. By providing your payment information, you authorize us to charge your selected payment method for the applicable subscription fees on a recurring basis. You agree to Stripe's terms of service as they relate to payment processing.

4.3 Billing Cycle

Subscriptions are billed monthly. Your billing cycle begins on the date you subscribe and renews automatically on the same date each month unless cancelled.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to your paid features until the end of your current billing period. No refunds are provided for partial billing periods.

4.5 AI Token Credits

Certain subscription tiers include AI token credits for use with platform AI features. Unused token credits do not roll over between billing periods. Token usage and balances are tracked in your account dashboard.

5. User Content

5.1 Ownership

You retain all ownership rights to the content you create using SpawnForge, including game projects, scripts, scene configurations, and any original assets you upload ("User Content"). SpawnForge does not claim ownership of your User Content.

5.2 License to SpawnForge

By uploading or creating User Content on the Service, you grant SpawnForge a non-exclusive, worldwide, royalty-free license to host, store, display, and transmit your User Content solely for the purpose of operating, maintaining, and providing the Service to you. This license terminates when you delete your User Content or close your account, except for content that has been shared publicly or with other users.

5.3 Published Games

When you publish a game through SpawnForge's cloud publishing feature, you grant SpawnForge the right to host and serve that game to end users at the published URL. You may unpublish your game at any time.

5.4 Responsibility

You are solely responsible for your User Content and the consequences of publishing it. You represent and warrant that you own or have the necessary rights to all content you upload or create on the platform.

6. AI-Generated Content

6.1 Ownership of AI Outputs

Content generated by AI features within SpawnForge (including but not limited to 3D models, textures, sound effects, music, voice lines, and scene configurations) is provided for your use within the Service. To the extent permitted by applicable law, you are granted a license to use AI-generated content in your projects, including for commercial purposes.

6.2 No Guarantees

AI-generated content is provided "as is." We do not guarantee the accuracy, quality, originality, or fitness for any particular purpose of AI-generated outputs. AI outputs may occasionally produce content that resembles existing copyrighted works; you are responsible for reviewing AI-generated content before use.

6.3 Third-Party AI Providers

AI asset generation features are powered by third-party providers. Your use of these features is also subject to the applicable terms of service of those providers. SpawnForge is not responsible for the output or behavior of third-party AI services.

6.4 BYOK (Bring Your Own Keys)

Certain subscription tiers allow you to use your own API keys for AI services. When using BYOK, you are responsible for managing your API keys, any charges incurred with the third-party provider, and compliance with that provider's terms of service. SpawnForge encrypts stored API keys but is not liable for charges incurred through your keys.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Create, distribute, or publish content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
• Infringe on the intellectual property rights of others
• Distribute malware, viruses, or other harmful code through published games
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Circumvent or manipulate subscription limits, token quotas, or usage restrictions
• Use the AI features to generate content that violates the acceptable use policies of the underlying AI providers
• Scrape, data mine, or use automated tools to access the Service in a manner not authorized by SpawnForge
• Interfere with or disrupt the Service or its infrastructure
• Impersonate another person or entity

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending accounts, and reporting violations to law enforcement.

8. Intellectual Property

The Service, including its original content (excluding User Content), features, and functionality, is owned by SpawnForge and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The SpawnForge name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SpawnForge. You may not use such marks without our prior written permission.

The game engine technology, editor interface, AI orchestration systems, MCP command framework, and all proprietary tools and libraries within the Service remain the exclusive property of SpawnForge.

9. Third-Party Services

The Service integrates with various third-party services to provide its functionality. These include, but are not limited to:

• Clerk for authentication and user management
• Stripe for payment processing and subscription management
• Third-party AI providers for asset generation (3D models, textures, audio, music, voice)

Your use of these third-party services is subject to their respective terms of service and privacy policies. SpawnForge is not responsible for the practices or policies of third-party service providers.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SpawnForge does not warrant that the Service will be uninterrupted, secure, or error-free; that defects will be corrected; or that the Service or the servers that make it available are free of viruses or other harmful components.

Games created and exported through SpawnForge are provided without warranty. SpawnForge does not guarantee the performance, compatibility, or functionality of exported games on any particular platform or browser.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPAWNFORGE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

1. Your access to, use of, or inability to access or use the Service
2. Any conduct or content of any third party on the Service
3. Any content obtained from the Service, including AI-generated content
4. Unauthorized access, use, or alteration of your transmissions or content
5. Loss or corruption of User Content, game projects, or exported games

IN NO EVENT SHALL SPAWNFORGE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO SPAWNFORGE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless SpawnForge and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your User Content or published games
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so through your account settings or by contacting us.

Upon account termination, we will make reasonable efforts to allow you to export your User Content for a period of 30 days. After this period, we reserve the right to delete all data associated with your account.

The following sections survive termination: User Content (Section 5.2 for published content), Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the language shall be English.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting the updated Terms on the Service and, where possible, notifying you by email.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the new terms, you must stop using the Service.

16. Contact Information

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

• Email: legal@spawnforge.ai
• Website: https://spawnforge.ai