Once you (User) subscribe to our Services, the most current version of these Terms will apply to your access of the Services, while any commercial terms specifically agreed at the point of sale (such as pricing and subscription duration) will remain in effect for the agreed period. However, please note that we may change any part of these terms at any time by updating this page of the Platform and providing you with notice of such changes via email at least 30 days before they take effect. Your continued use of the Platform after such changes constitutes acceptance of the modified terms. You can check the date at the top of this page to see when we last updated these terms.

1. ACCESS AND USE OF THE PLATFORM
   
   You must only use the Platform in accordance with these Terms and any applicable laws. If you are accessing the Platform as a business entity, you must ensure that your employees, contractors, and agents who use or access the Platform comply with these Terms, applicable laws, and any third-party platform distribution requirements (including but not limited to Steam, Itch.io and GameJoin). You are responsible for ensuring all content created using the Platform complies with applicable content ratings, distribution platform requirements, and industry standards. 

   
   

2. ACCOUNTS

   
   2.1 Accounts

   1. In order to use some of the functionality of the Platform, you will be required to sign-up, register and create an account through the Platform (an Account).
      
      

   2. As part of the Account registration process and continued use of the Platform, you will be required to provide personal information including but not limited to name, email, age verification (for compliance with content ratings and monetisation requirements), preferred username, secure password, billing information, payment details, and other relevant information as determined by the Company. For paid tier accounts seeking monetisation rights, additional verification and documentation may be required to ensure compliance with international regulations and third-party distribution platform requirements. Users are responsible for ensuring compliance with their local laws regarding game development and distribution.
      
      

   3. You agree that you’re solely responsible for:
      
      (i) maintaining the confidentiality and security of your Account information and your password; and

      (ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
      
      

   4. You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
      
      

   5. Once you complete the Account registration process, Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
      
      

   6. Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
      
      

   7. Company may suspend or cancel your Account immediately and without prior notice for any material breach of these Terms (including but not limited to violations of content regulations or illicit content restrictions), or upon providing 30 days written notice for any other reason. During any suspension period, you will remain liable for all fees and charges, and Company shall not be liable for any loss or damage arising from such suspension or cancellation. Material breach includes, but is not limited to, violation of payment obligations, misuse of the Platform, unauthorised monetisation of games by free tier users, breach of data protection obligations, or violation of third-party distribution platform requirements. The Company reserves the right to take legal action against users who engage in unauthorised monetisation of games developed using the Platform.
      
      

   8. You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
      
      

   9. We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
      
      

   10. You agree to release Company from any and all liability for any loss or damage that arises out of or in connection with information you provide that is not accurate, honest, correct or up-to-date.
       

       2.1 Accounts cancellation

       
       

   11. (Cancellation by you) You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided on the Platform. Upon account cancellation or termination, the Company will retain your User Content for a period of 1 year, after which it will be permanently deleted. During this retention period, you may export your User Content, but you will not have access to the Platform's development tools or features.
       
       

   12. (Cancellation by us) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Platform at any time without notice without issuing a refund if you breach any provision of these terms.

       
       

3. PAYMENT FOR SUBSCRIPTION
   
   

   1. (Subscription and Onboarding) Access to the Platform requires:
      
      (i) Creation of a valid user account and acceptance of these Terms;
      
      (ii) For paid tier users, payment of the applicable subscription fee (monthly or annual) based on the selected subscription plan; and
      
      (iii) Completion of the account verification process and acceptance of any applicable third-party platform distribution requirements before accessing monetisation features (paid tier only).
      
      The subscription provides access based on the selected tier (free or paid) and the number of user seats purchased. Team or organisation accounts must specify the number of authorised users.
      
      

   2. (Subscription models) The Platform offers both free and paid tier subscriptions. The paid tier subscription prices are:
      (i) available on monthly or annual subscription basis for paid tier users, with pricing and discounts as displayed on our pricing page https://fierogameengine.com/pricing or as separately agreed between the Company and the User. Prices may be displayed in various currencies based on your region, with final conversion handled by our payment processor. Free tier users will have access to basic features but cannot monetise their games. These terms may be superseded by separate enterprise agreements where applicable;

      (ii) displayed in your local currency where supported by our payment processor; and

      (iii) subject to change prior to you completing the payment, without notice.
      
      

   3. (Payment obligations) Unless otherwise agreed in writing, you must pay for the subscription plan selected by you at the time of placing an order.
      
      

   4. (VAT) Unless otherwise indicated, amounts stated do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us including that amount in the order, or otherwise providing a tax invoice.
      
      

   5. (Online payment partner) We use secure third-party payment providers (Payment Providers) to collect payments through enterprise-grade payment processing systems supporting global transactions. Payments will be processed in supported currencies through our payment provider, with any applicable currency conversion handled by them. Our Payment Providers support multiple payment methods and currencies to accommodate our global user base. Users are responsible for ensuring compliance with their local banking and currency exchange regulations. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. The terms and conditions of the Payment Provider may be accessed using https://www.paddle.com/legal/terms.
      
      

   6. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
      
      

   7. (Refunds) If you cancel a contract with us for a Subscription, we will process any refund due to you as soon as possible and, in any case, within 14 days after the day you have given notice of your cancellation. We will refund any money received from you using the same method originally used by you to pay for your purchase unless otherwise agreed.
      
      

   8. (Auto-renewal) Unless you cancel your Subscription, it will be automatically renewed at the end of each subscription term, at the rate(s) then in effect. Where required by applicable law, you will receive an auto-renewal reminder notice prior to charging your payment method. You may cancel your subscription at any time up to 1 day before the renewal date through your account settings on the Platform or by contacting customer service at [insert email id]. Failure to cancel before the renewal date will result in automatic renewal for the next subscription period at the then-current rates. Your Subscription will continue until the end of the then existing billing period. No refunds will be provided for any unused portion of the subscription period.
      
      

   9. (Recurring Billing) By placing an order for a Subscription, you authorise us to charge you the subscription fee then in effect at the beginning of each billing period to your payment method. We reserve the right to change pricing with 60 days' notice for existing subscribers. For subscription upgrades or additional user seats, charges will be applied on a pro-rata basis for the remainder of your current billing period. If your payment method is declined for a recurring payment, provide us a new payment method promptly or your subscription will be cancelled. You acknowledge that the amount charged each billing period may vary due to price changes, subscription changes, or pro-rata adjustments, and you authorise us to charge your payment method for such varying amounts.
      
      

4. YOUR OBLIGATIONS

   You must not:

   1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, reverse engineer, reverse assemble, reverse compile or decompile any part or aspect of the Platform, including but not limited to its proprietary game engine technology, development tools, algorithms, source code, or technical documentation without the express written consent of the Company, except as strictly permitted by applicable law or as necessary for interoperability with independently created software;
      
      

   2. use the Platform for any purpose other than game development, testing, and authorised monetisation (paid tier only) in accordance with these Terms and applicable third-party platform requirements;
      
      

   3. use, or attempt to use, the Platform in a manner that is illegal or fraudulent, facilitates illegal or fraudulent activity, violates third-party intellectual property rights, or breaches third-party platform distribution terms, including but not limited to: (i) unauthorised use of copyrighted game assets, code, artwork, or other content; (ii) unauthorised monetisation of games developed using the free tier subscription; (iii) distribution of games through unauthorised channels or in violation of applicable content rating requirements; or (iv) uploading, creating, or distributing content that violates applicable local regulations regarding illicit or restricted content;
      
      

   4. use, or attempt to use, the Platform in a manner that may interfere with, disrupt or create undue burden on the Platform or the servers or networks that host the Platform; 
      
      

   5. use the Platform with the assistance of any automated scripting tool or software;
      
      

   6. post or share any personal information of children under 13 (or higher age where required by local law), allow minors to access and use the Services without consent from their parent or guardian, or create content that targets children without complying with applicable children's privacy laws (including but not limited to COPPA, GDPR-K, and other applicable regional requirements) and international content ratings requirements (including PEGI, ESRB, CERO, and other relevant rating systems). Users are responsible for ensuring compliance with all applicable regional age restrictions and content rating requirements in jurisdictions where their games may be distributed;
      
      

   7. act in a way that may diminish or adversely impact the reputation of Company globally, including but not limited to: (i) unauthorised linking to the Platform; (ii) making false or misleading statements about the Platform or Company on any website, social media platform, or distribution platform; (iii) misrepresenting the relationship between User and Company; or (iv) attempting to circumvent the Platform's subscription tier restrictions; and
      
      

   8. attempt to breach the security of the Platform, or otherwise interfere with the normal functions of the Platform, including by:
      (i) gaining unauthorised access to Platform accounts or data;
      (ii) scanning, probing or testing the Platform for security vulnerabilities;
      (iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Platform; or
      (iv) instigate or participate in a denial-of-service attack against the Platform.

      
      

5. INFORMATION ON THE PLATFORM
   
   

   1. While we make every effort to ensure that the Platform functions as intended, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      
      (i) we will pre-moderate any user-generated content, though we reserve the right to remove content that violates these terms or third-party rights upon notice;
      
      (ii) the Platform will be free from errors or defects (or both, as the case may be);
      
      (iii) the Platform will be accessible at all times;
      
      (iv) messages sent through the Platform will be delivered promptly, or delivered at all;
      
      (v) information you receive or supply through the Platform will be secure or confidential; and
      
      (vi) any information provided through the Platform is accurate or true.
      
      

   2. We reserve the right to change any information or functionality on the Platform by updating the Platform with prior notice as follows: (i) for material changes affecting paid tier users, at least 30 days' notice; (ii) for pricing changes, at least 60 days' notice for existing paid tier subscribers; and (iii) for other Platform updates, reasonable notice as determined by the Company. All notices will be provided in English through the Platform and/or registered email addresses. In the event of service discontinuation, we will provide at least 90 days' notice and allow users to export their games and associated content. Users retain all rights to their exported content and may continue to distribute previously exported games through authorized platforms.  

      
      

6. USER CONTENT 
   
   

   1. In the course of accessing and using the Services, you may create, upload, or input games, game assets, code, artwork, audio, text, and other creative content (collectively referred to as “User Content”). While you retain ownership rights in your original User Content, you grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to host, store, display, modify, and use such contents as necessary to provide, improve, and develop the Services, including the right to create derivative works and use anonymized data for machine learning and analytics purposes. Only paid tier users may monetise their User Content through third-party distribution platforms subject to our monetisation policies and guidelines. Free tier users are strictly prohibited from monetising or commercially distributing their User Content. Any attempt by free tier users to monetise their User Content will result in immediate account termination and potential legal action. The Company does not provide distribution services or facilities, and users are solely responsible for arranging distribution through third-party platforms. To the extent permitted by applicable laws, you retain all ownership rights in the User Content. While you own the output data generated specifically for your organisation, the Company retains all intellectual property rights in the underlying algorithms, models, and methodologies used to generate such output data. The Company maintains the right to use anonymised and aggregated data derived from User Content for improving its services and generating industry insights. 
      
      

   2. The Company, as the data processor, will store and process the User Content, including personal data and game development-related information, in accordance with its privacy policy and in compliance with applicable Data Protection Legislation, including but not limited to the UK GDPR, EU GDPR, and other relevant privacy laws applicable in the jurisdictions where the Services are provided Company will: 
      
      (i) only use the User Content for providing the Services; 

      (ii) process aggregated, anonymised data at an industry level for analytical purposes; 

      (iii) not share personally identifiable information with third parties; 

      (iv) implement appropriate technical and organisational measures to protect the User Content; and 

      (v) not use any User Content for development or improvement of its Services without explicit consent. 
      
      

   3. You are responsible for all input data and information and represent and warrant that you have all rights, title, interest, licenses and permissions, as may be required, to provide such input data and information while using the Services. You further acknowledge and confirmation that you will be solely responsible for evaluating the accuracy, intended purposes and use of the output data. The Company or any of its third-party suppliers will in no way be responsible for ensuring the accuracy and appropriateness of the output data accessed by you using the Services. 
      
      

   4. You acknowledge and agree that due to the nature of the Services provided through the Platform, certain game features, mechanics, implementations, or basic coding patterns may be similar or identical across different users' projects, and such similarities do not constitute infringement of intellectual property rights. The existence of such similarities shall not be grounds for any claims between users. However, your specific game content, assets, and creative works remain your unique property. The Platform may generate similar basic game components or features for different users, but these common elements do not affect your ownership rights in your unique creative content. We collect behavioural analytics data at user and project levels for internal product development and improvement purposes, which is stored securely with restricted access and is not sold to third parties. 
      
      

   5. The Platform provides enterprise-grade encryption and security measures compliant with international standards (including ISO 27001, SOC 2, and regional data protection requirements) for all User Content stored on the Platform, including game projects, assets, and related development data. These measures apply equally to both free and paid tier users, though paid tier users receive additional backup and recovery services. 
      
      

   6. You shall not use any Platform-generated content, game assets, code, analytics data, or any other output from the Services to develop, directly or indirectly, any competing game development platforms, engines, AI models, or similar services that replicate or compete with the Services, whether independently or in collaboration with third parties. Any breach of this provision will constitute a material breach of these Terms and may result in immediate termination of your account and legal action for damages. While you may use the Platform's output for creating and distributing your own games (subject to the tier-based monetisation restrictions), you must not use such output to develop tools or services that could compete with the Platform's core functionalities. Any Platform-generated content, including game templates, assets, or analytics insights, must not be used to train AI models or be redistributed as development tools or services to third parties in any form.  
      
      

7. INTELLECTUAL PROPERTY
   
   

   1. Company retains ownership of the Platform, its game engine technology, and all materials on the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads, software, and development tools) (Platform Content). Users retain ownership rights only in the original creative elements of their User-Generated Content, including games, assets, and creative works developed using the Platform. All Platform technology, APIs, algorithms, methods, processes, and underlying technical elements remain the exclusive property of the Company, regardless of how they are used in User-Generated Content. For paid tier users, this includes the right to commercially distribute and monetise their User-Generated Content. The Company reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you. 
      
      

   2. You may make a temporary electronic copy of all or part of the Platform for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform or any Platform Content without prior written consent from Company or as permitted by law. This restriction specifically includes any attempt to extract or repurpose aggregated industry data or analysis provided through the Platform’s modules. 
      
      

   3. Company retains all intellectual property rights in the Services, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Services. 
      
      

   4. In this clause 7, “intellectual property rights” means copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world. 
      
      

8. THIRD PARTY SUPPLIERS
   
   

   1. We may do any of the following:
      
      (i) outsource any part of performing any services; or 

      (ii) procure any services from third party suppliers, 
      
      without further notice to or permission from you. 
      
      

   2. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of third parties, including distribution platforms, payment processors, or hosting providers. We are not liable for any loss of revenue, profits, or opportunities related to game distribution or monetization. However, we will maintain appropriate security measures and data protection safeguards for all user data and content stored on our platform. 
      
      
      

9. THIRD PARTY TERMS AND CONDITIONS
   
   

   1. The User acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.  
      
      

   2. The User agrees to comply with all Third Party Terms applicable to any third party services, including but not limited to distribution platform terms (such as Steam, Itch.io, GameJoin) and game engine licensing terms. Only paid tier users are permitted to monetise games developed using the Platform through third-party distribution platforms. The Company reserves the right to take legal action against free tier users who attempt to monetise games developed using the Platform, including but not limited to seeking injunctive relief, monetary damages, and recovery of legal costs. Additionally, the Company may immediately terminate access to the Platform and delete all associated User-Generated Content upon discovery of unauthorized monetization attempts. The Company will not be liable for any loss or damage suffered by the User in connection with such Third Party Terms, distribution requirements, or any liability arising from the distribution or monetization of User's games on third-party platforms. 
      
      

   3. You confirm and acknowledge to use the Services and the User Content only in compliance with applicable laws, intellectual property rights, content rating requirements (including but not limited to PEGI, ESRB, CERO, and other relevant regional rating systems), distribution platform guidelines, international gaming regulations, and Third Party Terms. You specifically agree not to upload, create or distribute: (a) content that infringes third-party intellectual property rights; (b) stolen or unauthorised game assets; (c) malicious code or content; (d) content that promotes hate speech, violence, or discrimination; (e) content that violates applicable content rating guidelines; or (f) any illicit or illegal content as defined by local regulations in the jurisdictions where such content is uploaded or distributed. You are solely responsible for ensuring compliance with all applicable local regulations regarding content restrictions and distribution. You specifically acknowledge responsibility for ensuring compliance with applicable gaming laws, content distribution regulations, and monetisation requirements in all jurisdictions where you operate or distribute games. You must ensure all content uploaded to the Platform has been created and shared in accordance with applicable intellectual property laws and platform guidelines. You also confirm not to use the Services or the User Content in a manner that infringes, misappropriates or otherwise violates any third party rights, including intellectual property rights and distribution platform terms. 
      
      
      

10. LINKS TO OTHER WEBSITES 
    
    
    

    1. The Platform may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content. 
       
       

    2. Inclusion of any linked website on the Platform does not imply our approval or endorsement of the linked website. 
       
       
       

11. SECURITY 
    
    The Company implements industry-standard security measures including encryption, access controls, regular security assessments, and appropriate international data transfer mechanisms (including Standard Contractual Clauses where applicable) to protect the Platform and its data in compliance with regional data protection requirements. This includes specific measures to protect game projects, user accounts, and monetisation data in accordance with UK GDPR requirements. We maintain regular backups of all paid tier users' projects. Due to the proprietary nature of the Platform's formats, data portability to other platforms is not supported. While the Company maintains these security standards, Users must also implement appropriate security measures, including but not limited to: 
    
    

    1. maintaining up-to-date anti-virus and security software;

    2. ensuring secure access protocols for their authorised users; 

    3. implementing appropriate access management procedures; and 

    4. following security best practices as communicated by the Company. 

    The Company does not accept responsibility for loss or damage to computer systems or data arising from use of the Platform where such loss or damage is not caused by the Company's negligence or breach of its security obligations under this agreement. 
    
    
    

12. REPORTING MISUSE 
    
    If you become aware of any security incidents, unauthorised access, misuse of the Platform, or any errors in the material on the Platform, you must report any security incidents or unauthorised access within 24 hours through our designated support channels as specified in the Platform documentation. Other Platform issues or concerns must be reported within 48 hours of discovery. For general Platform access issues or non-security related difficulties, please submit a support ticket through the Platform's support portal or designated support channels during UK Business Hours (9:00 AM to 5:00 PM GMT/BST). 
    
    
    

13. PRIVACY AND DATA PROTECTION 
    
    
    13.1 Client data
    

    1. Words and phrases in this section shall have the meaning given to them by applicable data protection, privacy, and intellectual property legislation in force from time to time in the UK, while acknowledging and complying with other major privacy regulations including but not limited to GDPR, CCPA, PIPEDA, and other applicable regional data protection laws where the Platform operates including without limitation the UK GDPR; the Data Protection Act 2018; the Copyright, Designs and Patents Act 1988; and other applicable laws as amended from time to time. Terms defined in data protection legislation such as “controller”, “processor”, “process” and “personal data” shall have their statutory meanings. Terms related to intellectual property shall include “User-Generated Content” meaning any content, games, or assets created using the Platform, and “Platform IP” meaning the Company's proprietary technology, code, and assets.  
       
       

    2. During and after the delivery of the Services, the User agrees that the Company will be processing personal data for its own purposes and as such will be a controller under the Data Protection Legislation and this includes (but is not limited to) the following purposes: 

       (i) the Company providing Services;
       
       (ii) the Company and/or its subcontractors and third party suppliers use the contact details of the User to send marketing materials or other publications;
       
       (iii) the Company may process personal data concerning its other clients and contacts in other ways for its own business purposes; the Company may process and transfer personal data as necessary to effect a re-organisation of its business; and
       
       (iv) the Company will not share personal data with third parties except where: (i) required by law; (ii) with the explicit consent of the User; (iii) necessary for the performance of the Services; (iv) in connection with a business reorganisation, merger, or sale; or (v) with trusted service providers who assist in operating the Platform and providing the Services, subject to appropriate data protection agreements. The Company may anonymize and aggregate data for industry-level analysis and reporting purposes, including but not limited to game development trends, platform usage patterns, and performance metrics, while ensuring no individual user or game project can be identified. 
       
       

    3. The User’s instructions are taken to include the use by the Company, where appropriate, of independent contractors and third party suppliers appointed by us for functions such as data and file storage, back-up, destruction, billing, payment processing, subscription management, debt collection, legal processing and the like, in accordance with the foregoing and applicable international data protection regulations.  
       
       

    4. By accepting these Terms, the User gives positive consent for the Company to obtain, store and process information about the User as described in this clause 13. 
       
       

    5. Each party shall comply with the terms of the Data Protection Legislation. 

       
       
       13.2 Third Party Data
       

    6. During and after the delivery of Services, there may be limited occasions where the Company may process on your behalf as a processor any personal data, you have provided to the Company.  
       
       

    7. You agree that where necessary you will have satisfied relevant statutory ground under the Data Protection Legislation as also undertaken necessary compliances, in connection with the processing, before providing the Company with personal data.  
       

    8. You warrant, in relation to the personal information and all other data that you provide to the Company in connection with this agreement (Third Party Data), that: 
        
       (i) You have all necessary rights in relation to Third Party Data, such that the Services can be performed in respect of that data; 

       (ii) You are not breaching any Law by providing the Company with Third Party Data; 

       (iii) the Company will not breach any Law by performing the Services in relation to any Third Party Data; 

       (iv) there are no restrictions placed on the use of the Third Party Data (including by any Third Party Terms) and if there are any such restrictions, you have notified the Company of this, and the Company has agreed to perform the Services in respect of that data (being under no obligation to do so); and 

       (v) the Company will not breach any Third Party Terms by performing the Services in relation to any Third Party Data. 
       
       

    9. You agree at all times to indemnify and hold harmless the Company and its officers, employees and agents from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those parties, where such loss or liability was caused or contributed to a breach of a warranty in clause 13.2(a). 
       
       

    10. You and the Company acknowledge that the roles of data controller and data processor, as defined under applicable Data Protection Legislation, will vary depending on the specific processing activities: (a) where the Company processes personal data for its own purposes as described in clause 13.1, it acts as a data controller; and (b) where the Company processes personal data on your behalf as described in clause 13.2, it acts as a data processor. 
        
        

    11. You and the Company will comply with the Data Protection Legislation. 
        
        

    12. The Company shall, in relation to any Personal Data processed in connection with this clause 13.2: 
        
        (i) process that personal data only on your written instructions of the Client; 

        (ii) keep the personal data confidential; 

        (iii) comply with your reasonable instructions with respect to processing personal data; 

        (iv) not transfer any personal data outside of the UK or European Economic Area (EEA), unless in accordance with both UK and EU Data Protection Legislation, including but not limited to UK GDPR and EU GDPR, and the Company ensures that: 
        
        (A) the transfer is to a country approved as providing an adequate level of protection for personal data; or  

        (B) there are appropriate safeguards in place for the transfer of personal data; or  

        (C) binding corporate rules are in place; or  

        (D) one of the derogations for specific situations applies to the transfer. 
        
        (v) assist you, at your cost and upon reasonable written notice (minimum 48 hours in your local time zone), in responding to any data subject access request and to ensure compliance with your obligations under the Data Protection Legislation applicable in your jurisdiction, provided that the Company reserves the right to charge reasonable fees for assistance beyond what is strictly required by applicable Data Protection Legislation with respect to security, breach notifications, privacy impact assessments and consultations with supervisory authorities or regulators; 
        
        (vi) notify you without undue delay on becoming aware of a personal data breach or communication which relates to the Company’s or your compliance with the Data Protection Legislation; 
        
        (vii) at your written request, delete or return personal data (and any copies of the same) to you on termination of these Terms unless required by the Data Protection Legislation to store the personal data; and 

        (viii) maintain complete and accurate records and information to demonstrate compliance with this clause 13.2 and allow for audits by you or your designated auditor. 
        
        

    13. The Company maintains ISO 27001-compliant security measures appropriate for processing game development data and user information, including: 
        
        (i) enterprise-grade encryption for data in transit and at rest; 

        (ii) role-based access controls with multi-factor authentication; 

        (iii) regular security audits and penetration testing; 

        (iv) dedicated data protection personnel; 

        (v) documented incident response procedures; and 

        (vi) specific measures for protecting game development assets, source code, and user intellectual property. 
        
        

    14. These measures are regularly reviewed and updated to ensure compliance with global data protection requirements, including but not limited to UK GDPR, EU GDPR, CCPA, PIPEDA, and other applicable regional regulations, as well as industry best practices for handling game development data and user information. Such measures may include, where appropriate: 
        
        (i) pseudonymising and encrypting personal data, including behavioural analytics data; 

        (ii) ensuring confidentiality, integrity, availability and resilience of its systems and services, including those processing behavioural analytics data; 

        (iii) ensuring that availability of and access to personal data can be restored in a timely manner after an incident; and 

        (iv) regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it. 
        
        

        
        

14. DATA BACKUP 
    
    
    

    1. Upon cancellation of your Account or service discontinuation, the Company will: (a) retain data and material associated with the User, including User Data and game projects, for 1 year after the end date of your Account (the “Retention Period”); (b) allow you to export your game projects and associated assets during the Retention Period; (c) permit continued distribution of previously exported games through third-party platforms; and (d) provide reasonable notice before any service discontinuation that may affect your ability to access or modify your games. After the Retention Period, the Company will permanently delete such data and materials in accordance with its data retention policies and applicable laws.  
       
       

    2. The Company will not be able to recover any such data or content after the one-year Retention Period following the end of your Account, so it is recommended that you back up anything important to it.  
       
       

    3. The Company will not be responsible to the User and the Company expressly disclaims any liability for, any cost, loss, damages or expenses arising out of the cancellation of your Account and any loss of data.
       
       

15. LIABILITY 
    
    
    

    1. To the maximum extent permitted by applicable law, Company's total aggregate liability to any person or business entity for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Platform, these terms or any services provided by the Company in any 12-month period, is limited as follows: (a) for individual users using the free tier, liability is limited to 500 GBP (or equivalent in your local currency) or the amount paid for premium features in the past 3 months, whichever is less; (b) for business users or paid tier subscribers, liability is limited to the greater of: 

       (i) the total Fees paid to the Company by you in the 3 months preceding the first event giving rise to the relevant liability; and 

       (ii) 1,000 GBP
       
       

    2. All express or implied representations and warranties in relation to the Services and the associated services performed by the Company are, to the maximum extent permitted by applicable law, excluded. The Company specifically disclaims any liability for: (a) user-generated content created using the Platform; (b) the commercial success or viability of games created using the Platform; (c) the availability or policies of third-party distribution platforms; (d) any claims arising from the use or distribution of games created using the Platform; and (e) any losses or claims arising from unauthorized monetization of games by free tier users. 
       
       

    3. (Indemnity) You agree to defend, indemnify and hold harmless the Company and its directors, officers, employees, contractors, licensors, and agents, its affiliates, employees, agents, successors and assigns against any and all claims, demands, damages, losses, costs and expenses (including reasonable legal fees and costs) brought by any third party or which is or may be suffered by any person arising from: (a) your or your representatives' use of the Platform; (b) any games or content created using the Platform; (c) any third-party intellectual property rights violations in your games or content; (d) any unauthorized monetization or commercial exploitation of games created using the Platform, particularly by free tier users; (e) any violation of third-party distribution platform policies; or (f) your or your representatives’: 
       
       (i) breach of any of these terms; 

       (ii) use of the Platform; or 

       (iii) access of any Services provided by the Company or participation in any competition organised by the Company. 
       
       

    4. (Consequential loss) To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special or consequential loss or damages, or damages for: (a) loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue; (b) loss of revenue from game sales or monetization, including losses resulting from unauthorized monetization attempts; (c) removal or suspension of games from distribution platforms; (d) changes in distribution platform policies or requirements; (e) currency exchange rate fluctuations or payment processing fees; or (f) any other losses arising under or in connection with this Platform, these terms or any Products or services provided by the Company (except to the extent this liability cannot be excluded under law). 
       
       

    5. Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence. 
       
       

    6. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect. 
       
       
       

16. DISPUTE RESOLUTION 
    
    
    

    1. A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause. 
       
       

    2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause. 
       
       

    3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute. 
       
       
       

17. THIRD PARTY RIGHTS 
    
    This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. 
    
    
    

18. FORCE MAJEURE 
    
    
    

    1. If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of: 
       
       (i) reasonable details of the Force Majeure Event; and 

       (ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
       
       

    2. Subject to compliance with clause 18(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event. 
       
       

    3. The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible. 
       
       

    4. For the purposes of this agreement, a ‘Force Majeure Event’ means any: 
       
       (i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire; 

       (ii) strikes or other industrial action outside of the control of the Affected Party; 

       (iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or 

       (iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations. 
       
       
       

19. GENERAL 
    
    19.1 Governing Law and Jurisdiction
    

    This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. 
    
    19.2 Waiver
    
    No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver. 
    
    19.3 Severance
    

    Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected. 
    
    19.4 Joint and Several Liability
    

    An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally. 
    
    

    19.5 Assigment
    

    The User may not assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the Company. Only paid tier Users may transfer their rights to distribute and monetize games created using the Platform, subject to continued compliance with the paid tier subscription requirements. Free tier Users have no rights to monetize or distribute games for commercial purposes. These terms may be superseded by separate written agreements (such as enterprise contracts) between the Company and the User. The Company may assign, novate or transfer its rights and obligations under these terms to: (i) any affiliate or subsidiary; (ii) any successor in interest pursuant to a merger, acquisition, or sale of all or substantially all of its assets; or (iii) any third party with prior written notice to the User. 

    
    19.6 Costs
    
    Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
    
    
    

    19.7 Entire Agreement
    
    
    This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms. 
    
    
    19.8 Interpretation
    
    

    1. (singular and plural) words in the singular includes the plural (and vice versa); 
       
       

    2. (currency) fees and payments may be processed in various currencies supported by our payment processor. The Company maintains the right to set region-specific pricing in local currencies, taking into account factors such as regional purchasing power and market conditions. Currency conversion, where applicable, will be handled by our payment processor at their prevailing rates; 
       
       

    3. (gender) words indicating a gender includes the corresponding words of any other gender;
        

    4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms. 
       
       

    5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity; 
       
       

    6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
       
       

    7. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it; 
       
       

    8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time; 
       
       

    9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
       
       

    10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
        
        

    11. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision. 

        
        

    19.9 Notices
    
    
    This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms. 

    1. A notice or other communication to a party under this agreement must be: 
       
       (i) in writing and in English; and 
       
       (ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party. 
       
       

    2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given: 
       
       (i) (24 hours after the email was sent (based on GMT/BST), unless that falls on a Saturday, Sunday or a public holiday in England and Wales, in which case the notice will be taken to be given on the next occurring business day in England and Wales; or 
       
       (ii) when replied to by the other party, 
       
       (iii) whichever is earlier.