GAMECRAFT, INC. END-USER LICENSE AGREEMENT ("EULA")

Last Updated: July 2, 2025

This End-User License Agreement ("Agreement") is a legally binding contract between you (either an individual or a single legal entity, "Licensee") and Gamecraft, Inc., a Delaware corporation ("Licensor"), governing Licensee's access to and use of the Gamecraft software and related services (collectively, the "Software"). By downloading, installing, or using the Software, Licensee agrees to be bound by this Agreement. If Licensee does not agree, do not install or use the Software.

DEFINITIONS

"Authorized Device" means a computer or virtual machine owned or controlled by Licensee that has been activated through Licensee's Gamecraft account and counted toward Licensee's seat allotment.
"Seat License" means the right for one natural person to use subscription-locked features of the Software on one Authorized Device at any given time, subject to the subscription plan purchased.
"Competitive Product or Service" means any software or service offering functionality that overlaps in any respect with the creation, editing, testing, or deployment of digital games, game assets, or interactive media.
"Competitor" means any entity that develops, markets, or sells a Competitive Product or Service, and all of its employees, contractors, officers, and agents.
"Telemetry" means diagnostic, technical, usage, performance, and related data automatically collected by the Software and transmitted to Licensor.

GRANT OF LICENSE

Free Tier

Licensor grants Licensee a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and run the object-code version of the Software on one Authorized Device solely to access the free functionality of the Software.

Subscription Features

Subject to timely payment of all applicable subscription fees and compliance with this Agreement, Licensor additionally grants Licensee the right to access and use subscription-locked features on up to the number of Seat Licenses reflected in Licensee's Gamecraft account. Each Seat License is tied to a single natural person and may not be shared or reassigned except as expressly permitted in Licensee's subscription dashboard.

Scope

All licenses are conditioned on continuous, always-online license verification. Failure to maintain internet connectivity or an active subscription may disable subscription features or the Software in its entirety.

RESTRICTIONS

Licensee shall not:

copy, distribute, sell, sublicense, rent, lend, lease, or transfer the Software;
modify, adapt, translate, or create derivative works of the Software;
decompile, disassemble, reverse-engineer, or attempt to derive source code or underlying ideas, except to the limited extent expressly permitted by non-waivable law and only after providing thirty (30) days' prior written notice to Licensor;
use the Software to develop, test, support, or operate a Competitive Product or Service;
permit any Competitor or its employees, contractors, or agents to access or use the Software for any purpose;
disclose performance or benchmarking results without Licensor's prior written consent;
remove or obscure proprietary notices or technological measures;
circumvent, disable, or interfere with license verification, security, or Telemetry mechanisms;
use the Software in violation of any export-control laws or regulations.

OWNERSHIP

The Software is licensed, not sold. Gamecraft, Inc. and its licensors retain all right, title, and interest in and to the Software, including all intellectual-property rights. All rights not expressly granted are reserved.

TELEMETRY AND PRIVACY

Collection and Use

The Software automatically collects Telemetry and transmits it to Licensor. Licensor may collect, store, process, analyze, aggregate, commercialize, and otherwise use Telemetry in perpetuity for any lawful purpose, including improving the Software and developing new products and services.

Opt-Out

Licensee may disable Telemetry within the application's settings; certain functionality may degrade or cease to operate if Telemetry is disabled.

Privacy Policy

If Telemetry or other data constitutes personal data under applicable law, Licensor will process it in accordance with the Gamecraft Privacy Policy, incorporated herein by reference.

LICENSE VERIFICATION AND REMOTE CONTROL

The Software periodically connects to Licensor's servers to validate Licensee's account status, subscription level, and seat count. Licensor may remotely disable or modify the Software immediately and without notice if (i) Licensee's subscription lapses, (ii) Licensor reasonably suspects unauthorized use or breach of this Agreement, or (iii) Licensor discontinues the Software.

UPDATES AND CHANGES TO TERMS

Auto-Install Updates. The Software may automatically download and install updates, patches, or new versions without separate notice.
Unilateral Amendments. Licensor may modify this Agreement at any time. New terms become effective immediately once presented to Licensee through in-product notice, email, or publication on Licensor's website. Continued use constitutes acceptance.

TERM AND TERMINATION

This Agreement begins on the earlier of installation or first use and continues until terminated. Licensor may terminate immediately upon any breach. Upon termination, Licensee must cease all use, remove the Software from all devices, and destroy all copies. Sections 3 through 14 survive termination.

DISCLAIMER OF WARRANTIES

The Software is provided "AS IS" with all faults. Licensor disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No oral or written advice or information creates any warranty.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Licensor, its affiliates, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or goodwill, even if advised of the possibility. Licensor's total liability shall not exceed the amount paid by Licensee for the subscription during the twelve (12) months preceding the claim.

INDEMNIFICATION

Licensee shall indemnify, defend, and hold harmless Licensor and its affiliates from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to (i) Licensee's use or misuse of the Software, (ii) violation of this Agreement, or (iii) violation of any law or third-party right.

CONFIDENTIALITY

Licensee shall keep Licensor's Confidential Information in strict confidence and use it solely as permitted by this Agreement. These obligations survive for five (5) years from disclosure, or indefinitely for trade secrets.

EXPORT COMPLIANCE

Licensee shall comply with all applicable export laws and regulations and shall not export, re-export, or transfer the Software to embargoed countries or prohibited persons.

GOVERNING LAW AND VENUE; JURY WAIVER

This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. All disputes shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and the parties irrevocably submit to personal jurisdiction therein. Each party waives any right to a jury trial.

SEVERABILITY

If any provision is held unenforceable, it shall be limited or modified to render it enforceable, and the remainder shall remain in effect.

ENTIRE AGREEMENT; WAIVER; ASSIGNMENT

This Agreement constitutes the entire agreement between the parties concerning the Software and supersedes all prior agreements. Failure to enforce any provision is not a waiver. Licensee may not assign this Agreement without Licensor's prior written consent; any attempted assignment is void. Licensor may assign freely.

AUDIT RIGHTS

For the term of the subscription and one (1) year thereafter, Licensor may require Licensee to provide electronic logs, reports, or attestations sufficient to verify compliance. Licensee shall cooperate fully. If non-compliance is found, Licensee must promptly pay additional fees and reasonable audit costs.

GAMECRAFT, INC. PRIVACY POLICY

Last Updated: July 2, 2025

Gamecraft, Inc. ("Gamecraft," "we," "us," or "our") respects your privacy. This Policy explains how we collect, use, share, and protect your information when you create an account, download, install, or use the Gamecraft software, websites, or related services (collectively, the "Services"). If you do not agree with this Policy, please do not create an account, install, or use the Services.

SCOPE

This Policy applies to information processed when you:

Register for a Gamecraft account.
Download, install, or use the Gamecraft desktop or mobile applications.
Visit our websites (for example, gamecraft.ai) or interact with our support channels, including our company Discord.
Participate in surveys, beta programs, or promotional campaigns.

It does not govern third-party sites or services even if linked from the Services.

INFORMATION WE COLLECT

ACCOUNT INFORMATION

Data: Name, email address, password hash, organization, seat assignments.
Source: You.

SUBSCRIPTION AND PAYMENTS

Data: Plan tier, Stripe transaction ID, last four digits of payment card, billing address.
Source: Stripe and you. We do not store full card data.

TELEMETRY AND USAGE

Data: Device identifiers, operating-system version, IP address, login timestamps, feature-usage events, performance metrics, crash logs.
Source: Collected automatically by the Software using the PostHog SDK (service provider may change).

MARKETING AND ADVERTISING IDENTIFIERS

Data: Hashed email, device or advertising IDs.
Source: You and automatic collection; may be shared with advertising partners for retargeting.

SUPPORT AND COMMUNITY

Data: Support tickets, Discord messages, feedback, survey responses.
Source: You.

COOKIES AND SIMILAR TRACKING TECHNOLOGIES

We use first-party and third-party cookies, local storage, pixels, and similar technologies to operate our websites and desktop applications, remember preferences, prevent fraud, and measure performance. Analytics cookies (for example, those set by PostHog) are opt-out—you can disable them using the cookie-settings link on gamecraft.ai (once available) or by enabling "Do Not Track" in your browser, which the site will respect. Advertising cookies are disabled by default unless you explicitly opt in.

SOURCE CODE AND PROPRIETARY FILES

We do not access, store, or upload your source code, project files, or other proprietary content unless you explicitly grant permission (for example, by using an optional cloud-sync feature or submitting files to support).

We do not intentionally collect special-category data (such as health, biometric, or political opinions) or data from children under 13.

HOW WE USE INFORMATION

Provide and operate the Services, including license verification and seat management.
Process payments and manage subscriptions via Stripe.
Improve and debug the Services through analytics and telemetry.
Commercialize aggregated or de-identified telemetry (for example, market insights and benchmarks).
Send service communications such as updates, security alerts, and administrative messages.
Market products and services, including tailored advertisements (you may opt out).
Prevent fraud and enforce the EULA.
Comply with legal obligations and resolve disputes.

Legal bases under the GDPR (where applicable) include contract performance, legitimate interests, consent (for marketing and optional telemetry), and legal compliance.

SHARING AND DISCLOSURE

We do not sell your personal information for money. We may share it as follows:

SERVICE PROVIDERS

(e.g., Stripe, AWS, PostHog, email and ad networks)

Purpose: payment processing, hosting, analytics, marketing.
Safeguards: data-processing agreements, confidentiality and security controls.

AFFILIATES

Purpose: internal operations consistent with this Policy.
Safeguards: same protections as parent entity.

BUSINESS PARTNERS

Purpose: joint promotions or integrations, only with your consent.

ADVERTISING PARTNERS

Purpose: retargeting using hashed email or device IDs (qualifies as "sharing" under the CPRA).
Safeguards: contractual limits on re-use and opt-out mechanisms.

AUTHORITIES

Purpose: respond to lawful requests and protect rights and safety.
Safeguards: legal review and minimal disclosure.

SUCCESSORS

Purpose: merger, acquisition, or asset sale.
Safeguards: notice and choices where required.

We may publicly share aggregated or anonymized analytics that cannot reasonably identify you.

INTERNATIONAL TRANSFERS

Gamecraft is headquartered in the United States; data may be transferred and stored outside your country. For EU and UK personal data, we rely on Standard Contractual Clauses or other approved safeguards.

EU/UK REPRESENTATIVE AND DPO

If our processing of EU/UK data exceeds occasional transactions, Article 27 GDPR may require us to appoint an EU/UK representative and, where mandated, a Data Protection Officer (DPO). We will update this section and provide contact details before such appointment becomes obligatory.

DATA RETENTION

Account and billing records: at least seven (7) years (standard accounting retention).
License and seat logs: subscription term plus three (3) years for audit and dispute resolution.
Telemetry and analytics: retained until aggregated or anonymized, then kept indefinitely.
Support transcripts and Discord logs: retained as long as necessary to provide support and improve the Services.
Marketing lists: retained until you unsubscribe or your email bounces.

When data is no longer required, we delete or anonymize it.

YOUR RIGHTS AND CHOICES

Depending on your jurisdiction, you may:

Access, correct, or delete your data.
Object to or restrict processing.
Port your data to another service.
Opt out of marketing communications and of sharing for targeted advertising.
Disable telemetry in the application settings.

To exercise these rights, contact us as described in Section 12. We may ask you to re-authenticate, provide a signed request, or furnish other reasonable proof of identity before processing your request. We will respond within the timeframes required by law.

SHINE THE LIGHT (CALIFORNIA)

If you are a California resident, you may request once per year a list of third parties (if any) to whom we disclosed personal information for their own direct-marketing purposes in the preceding calendar year. Email privacy@gamecraft.ai with the subject line "California Shine the Light" to make such a request.

CALIFORNIA PRIVACY DISCLOSURES

CPRA DEFINITIONS

Under the California Privacy Rights Act (CPRA), "personal information" is any data that identifies, relates to, or could reasonably be linked with a particular consumer or household. "Selling" is disclosing personal information for monetary value. "Sharing" is disclosing it for cross-context behavioral advertising. Gamecraft does not sell personal information. We may share hashed emails or device IDs with advertising partners for targeted ads, which qualifies as sharing. California residents can opt out by toggling "Do Not Share My Personal Information" in account settings or emailing privacy@gamecraft.ai.

GLOBAL PRIVACY CONTROL (GPC)

We honor Global Privacy Control signals detected on our website. If your browser sends a GPC signal, we treat it as a request to opt out of sharing for that browser or device.

SECURITY

We employ administrative, technical, and physical measures designed to safeguard personal information, including encryption in transit, encryption at rest, network segmentation, access controls, secure coding practices, and regular audits. No system is 100 percent secure; you use the Services at your own risk.

CHILDREN

The Services are not directed to children under 13. We do not knowingly collect their data. If we learn that we have collected such data, we will delete it. Student licenses for ages 13-17 may be offered in the future; we will update this Policy with any additional safeguards before launch.

CHANGES TO THIS POLICY

We may update this Policy from time to time. Material changes will be notified via email, in-app notice, or website banner. Continued use of the Services after the effective date constitutes acceptance of the revised Policy.

CONTACT US

Email: privacy@gamecraft.ai

BY CLICKING "CONTINUE" OR "NEXT", INSTALLING, OR USING THE SOFTWARE, LICENSEE ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.