Slot Creator by Code Creations
Terms & Conditions
The short version
- By creating an account or using Slot Creator you agree to these Terms, the EULA and the Payment Policy, and you acknowledge the Privacy Policy.
- You must be 18 or over and legally able to enter into a contract.
- Slot Creator is design software. There is no real-money gambling, and demo credits have no monetary value.
- You receive a development starter for base slot mechanics, maths and layouts. You and your development team are responsible for your game's custom features, enhanced animations and release review; a starter or a passing check is not approval to publish.
- The game name is locked when a project is created. A new project, imported project or renamed copy uses another available build credit. Saving or exporting an existing project does not use another credit, and deletion does not restore a used credit.
- You are responsible for the decisions and content you contribute. We remain responsible for our own contractual obligations and for liability that cannot lawfully be excluded. Sections 18 to 21 explain the limits and protections.
- Arizona law governs these Terms. If you are in the United States, disputes go to individual arbitration with the American Arbitration Association, with a class-action and jury waiver, unless you opt out within 30 days.
- Nothing in these Terms removes rights that you have under consumer or privacy laws and that cannot be waived.
This summary is for convenience only. The full Terms below apply.
1. Agreement and acceptance
1.1 These Terms & Conditions (the "Terms") are a legally binding agreement between you and Eight Galaxies, whose registered address is 254 Chapman Road, Newark, Delaware, USA, trading as Code Creations ("Eight Galaxies", "Code Creations", "we", "us" or "our"). They govern your access to and use of Slot Creator.
1.2 You accept these Terms when you: (a) create an account and tick the box confirming that you agree to these Terms and the EULA and acknowledge the Privacy Policy; (b) click a button or take a similar action that refers to these Terms; or (c) access or use the Service in any other way. If you do not agree, do not create an account or use the Service.
1.3 The End User Licence Agreement (the "EULA") and the Payment Policy form part of these Terms. The Privacy Policy and the GDPR statement explain how we handle personal data.
1.4 If you use the Service on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" includes that organisation.
1.5 Your statutory rights. Some laws, including consumer protection and privacy laws in the European Economic Area, the United Kingdom, Australia, Canada and certain US states, give you rights that cannot be waived or limited by contract. Nothing in the Legal Documents excludes or limits those rights. Where a provision is not permitted by the law that applies to you, it applies only to the fullest extent that law allows.
2. Definitions
In the Legal Documents:
- "Account" means your Slot Creator account.
- "AI Provider" means a third-party provider of AI models, such as Anthropic or OpenAI, whose service you connect using your own API key.
- "Applicable Law" means every law, regulation, regulatory requirement, licence condition and binding rule or guidance that applies to you, to your use of the Service or to your Creator Games, including gambling, gaming, lottery, consumer protection, advertising, data protection, anti-money-laundering, sanctions, export control, tax and intellectual property laws.
- "Consumer" means an individual acting wholly or mainly for purposes outside their trade, business, craft or profession.
- "Build Credit" means an allowance for one successful creation of a new saved slot project under a Paid Plan. It is a software creation allowance, not money, a player balance or Demo Credits.
- "Creator Game" means any game, game design, mechanic, configuration, math model, outcome book, weight table, build, export, derivative or other output that you create, configure, generate, export, submit or publish using the Service, in whole or in part.
- "Demo Credits" means the fictitious credits, balances, stakes, wins and amounts shown in demos, previews, rehearsals and test flows.
- "Desktop App" means the Code Creations desktop application and any update to it.
- "Kits" means exported demo kits, developer and source kits, templates, project files, briefs and command-line copies of our source code, as further described in the EULA.
- "Legal Documents" means these Terms, the EULA, the Payment Policy, the Privacy Policy and the GDPR statement.
- "Paid Plan" means a one-time software package or a separately selected recurring subscription described in the Payment Policy.
- "Service" or "Slot Creator" means the websites at slotcreator.app and www.slotcreator.app, Studio, the browser creator, demo games, the AI studio, our application programming interfaces, the Desktop App, the Kits and all related software, content, documentation, updates and support.
- "Third-Party Platform" means any platform, remote gaming server (RGS), aggregator, operator, casino, marketplace, app store, streaming service, hosting provider or other service that we do not operate, including Stake Engine.
- "User Content" means any content or data that you submit, upload, enter, generate or store through the Service, including project data, titles, descriptions, channel handles, symbol names, artwork, prompts, creative direction and AI outputs.
3. Eligibility
3.1 You must be at least 18 years old, or the age of majority where you live if that is higher, to create an Account or use the Service.
3.2 You must have full legal capacity to enter into a binding contract, and you must not be barred from using the Service under Applicable Law.
3.3 If we have banned, suspended or terminated you or any Account you used or controlled, you must not access or use the Service, or create, use or control any other Account, without our prior written permission (see sections 17.5 and 17.6).
3.4 By using the Service you represent and warrant that you meet these requirements. We may ask for information to confirm your eligibility, and we may suspend or close any Account that does not meet them.
4. Restricted jurisdictions and unlawful use
4.1 You may use the Service only where doing so is lawful. You are responsible for knowing and complying with the laws of every place from which you access the Service and every place where your Creator Games are made available.
4.2 You must not access or use the Service from, or for the benefit of any person located, ordinarily resident or organised in, any country or region that is subject to comprehensive sanctions or embargoes imposed by the United Nations, the United Kingdom, the European Union or the United States.
4.3 We may restrict or block access from any jurisdiction at any time, without liability, if we reasonably believe that access is unlawful or creates legal, regulatory or reputational risk.
4.4 The availability of the Service in a place does not mean that designing, promoting, publishing or operating a Creator Game is lawful there.
5. What Slot Creator is, and is not
5.1 Slot Creator supplies development starters and software tools for designing, theming, testing and exporting original slot-style games. A starter may include base mechanics, maths configuration or scripts, layouts, sample presentation and the features identified in its description. The features and deliverables expressly included in your order remain part of what we agree to provide.
5.2 No real-money gambling. The Service does not offer, accept or settle any bet, wager or stake. It does not accept deposits, pay winnings or hold funds for anyone, and it is not a gambling, gaming or betting service.
5.3 Demo Credits have no monetary value. They cannot be purchased, sold, transferred, redeemed, cashed out or exchanged for money, prizes, goods, services, cryptocurrency or anything else of value, whether on the Service or elsewhere, and they are not a record of any balance owed by anyone.
5.4 Outcomes and math. Outcomes in Slot Creator demos come from finite, pre-generated outcome books produced by our Python math engine. The browser displays those outcomes; it does not select or change them. Return-to-player (RTP), maximum-win and other statistics describe those demo books only. They are development figures, not certified results, and they are not a promise about how any published game will perform.
5.5 No professional advice. Nothing in the Service, including research, market data, provider comparisons, compliance notes or checklists, is legal, regulatory, tax, financial or gambling-compliance advice. Research and catalogue entries are summaries of public information and may be incomplete, out of date or wrong.
5.6 Your additional development. Unless expressly included in your order or a separate written development agreement, production-quality enhancements, upgraded animations, character or minion behaviour, bespoke effects, additional game features and third-party integration work are for you and your own development team to design, implement and test. Available editing or AI tools assist this work; they are not a promise that we will perform custom development or finish a game for you.
6. Your account and its security
6.1 You must give accurate, current and complete information and keep it up to date. Your display name must not impersonate anyone or infringe anyone's rights.
6.2 You are responsible for keeping your password and devices secure, for using a strong password that you do not use elsewhere, and for all activity that happens through your Account, whether or not you authorised it, except to the extent that the activity results from our failure to take reasonable security measures.
6.3 You must not share, sell or transfer your Account or let anyone else use your credentials. Tell us promptly at legal@8galaxies.com if you suspect unauthorised access.
6.4 You should use the account security features that we make available from time to time, such as signing out, changing your password or ending other sessions. Signing in on a new device or browser may end sessions on other devices.
6.5 We may require you to sign in again, reset your password or take other security steps, and we may suspend access to protect you, other users or the Service.
6.6 AI Provider keys that you store are encrypted, but you remain responsible for the keys you create, their permissions and spending limits, and revoking them with the AI Provider.
7. Your responsibility for Creator Games
7.1 You are responsible for the Creator Game you choose to build, its configuration and modifications, and the decision to submit, distribute or publish it. You must arrange review by your own suitably qualified development team and, where required, independent specialists or testing laboratories. We do not act as the publisher, operator, regulator or certifying laboratory for your Creator Game. This allocation of release responsibilities does not excuse our own breach of contract, negligence or non-excludable obligations.
7.2 Before you publish, distribute, submit, stream, market or otherwise make a Creator Game available to anyone, and for as long as it remains available, you are solely responsible for:
- obtaining and maintaining every licence, registration, permit, approval and certification required under Applicable Law, including gambling or gaming licences and approvals from regulators, testing laboratories and Third-Party Platforms;
- complying with Applicable Law in every jurisdiction where the Creator Game is offered or can be accessed, including gambling, gaming, lottery, prize-promotion, consumer protection, advertising, responsible-gambling, anti-money-laundering, know-your-customer, sanctions, tax and data protection laws;
- putting in place and enforcing age verification, age restrictions, geolocation and geo-blocking, self-exclusion and any other player-protection measures that Applicable Law or any Third-Party Platform requires;
- complying with the terms, technical requirements, review processes and content policies of every Third-Party Platform you use, including Stake Engine and any streaming service;
- making sure that you own or have licensed all intellectual property in the Creator Game, including names, artwork, audio, presentation and AI outputs, and that it does not copy or imitate any third party's protected game, brand, characters or trade dress;
- reviewing and testing the final mathematics, RTP, hit and bonus frequencies, outcome books, weight tables, mode entry costs, maximum win, payout calculations, retriggers, multipliers and feature interactions against the displayed rules and paytable, and obtaining any required independent certification;
- reviewing the security of the final code, dependencies, wallet and RGS integration, recovery and replay, payment handling and deployment configuration, including changes introduced by your team;
- your players, customers, viewers and audiences, and every obligation you owe them; and
- any taxes, fees and revenue shares arising from the Creator Game.
7.3 You must not represent that Code Creations or Slot Creator has reviewed, approved, certified, endorsed or licensed your Creator Game, or is responsible for it, and you must not use our names or logos in or with a Creator Game except as we permit in writing.
7.4 If you stream, record or promote a Creator Game, you are responsible for complying with Applicable Law and with the gambling-content, sponsorship-disclosure and age-restriction rules of the streaming service, and for making clear to your audience that Demo Credits have no value.
8. No guarantee of approval, math, RTP or compliance
8.1 We do not promise, represent or warrant that any Creator Game, Kit, math model, outcome book, RTP level, maximum win, feature, mechanic, build or export:
- will be accepted, approved or certified by any Third-Party Platform (including Stake Engine), regulator, testing laboratory, app store or payment provider;
- complies with any law, technical standard or platform requirement;
- is free from errors, defects, miscalculations or security vulnerabilities; or
- is original, non-infringing, commercially successful or suitable for any purpose.
8.2 Demo math banks, RTP settings and statistics in the Service are development fixtures for play with Demo Credits. They may be unoptimised, incomplete or incorrect. Mechanic blueprints, provider research, reference catalogues and theme packs are design references and plans. They are not playable financial engines unless the Service expressly marks them as playable, and that marking is not a certification.
8.3 Before submission or publication, your team must independently review and test the final game and its exported artifacts, including any custom animations and gameplay changes, and obtain any certification required for the intended platform and jurisdiction. An export, submission helper or passing internal check does not guarantee acceptance by Engine Studio, Stake Engine, an operator or a regulator. These requirements do not limit any remedy you have if the software or services we supply fail to meet our contractual or mandatory legal obligations.
9. Your content
9.1 You keep ownership of your User Content, subject to the licence you grant us below and to our rights in the Service, templates and Kits. As between you and us, AI outputs generated for you are your User Content.
9.2 You grant us a worldwide, non-exclusive, royalty-free licence, which we may sublicense to our service providers and transfer with our business, to host, store, copy, process, transmit, adapt for technical purposes (such as formatting, resizing and validation), display and otherwise use your User Content only as needed to operate, provide, secure, support and maintain the Service, to enforce the Legal Documents and to comply with Applicable Law. This licence ends when your User Content is deleted from the Service, except for copies kept for a limited time in backups, as described in the Privacy Policy, or as required by law. We do not use your User Content to train AI models.
9.3 You represent and warrant that:
- you own your User Content or have every right, licence, consent and permission needed to use it with the Service and to grant the licence above;
- your User Content, and our use of it as these Terms permit, does not and will not infringe, misappropriate or violate any intellectual property, privacy, publicity or other right of any person, or breach any law or contract;
- your User Content does not include anyone else's personal data unless you have a lawful basis to share it; and
- your User Content does not contain malware or other harmful code.
9.4 We do not review User Content before it is stored, and we are not responsible for it. We may, but need not, remove, disable or refuse any User Content that we reasonably believe breaches the Legal Documents or Applicable Law, or exposes us or others to risk.
9.5 You are responsible for keeping your own copies of your User Content and Creator Games, and you should export your projects regularly. Drafts and cached artwork held in your browser can be lost, and on the hosted site signing out removes them from that browser.
9.6 If you believe that content on the Service infringes your rights, contact legal@8galaxies.com with enough detail for us to identify the content and your rights. We may remove content and close the Accounts of repeat infringers.
10. AI features
10.1 The AI studio lets you ask an AI Provider to draft presentation artwork, symbol icons, event screens and captions using an API key that you supply. You need your own account with the AI Provider, and your use of it is governed by its terms, usage policies and privacy policy. You are responsible for every charge the AI Provider bills to your key.
10.2 When you run a job, we send the AI Provider a brief built from your project, such as its title, tagline, channel handle, game family name, theme colours, symbol names, bonus names and your creative-direction notes, together with your key. We do not control how the AI Provider processes that information.
10.3 AI outputs are generated automatically. They may be inaccurate, inappropriate, low in quality, similar or identical to content produced for others, or infringing. We do not warrant that any AI output is original, non-infringing, protectable as intellectual property or fit for any purpose.
10.4 You must review every AI output before you use it. You alone decide whether and how to use it, and you are responsible for clearing any rights it needs.
10.5 AI outputs are presentation only. They cannot change outcome books, weights, entry costs, RTP, maximum wins or any wallet state, and no AI output is a statement about odds, fairness or winnings.
10.6 You must not use AI features to generate content that is unlawful, infringing, deceptive, sexually explicit, hateful or harmful to minors; that uses third-party trade marks, characters or likenesses without permission; or that implies guaranteed wins or misstates odds.
11. Acceptable use
You must not, and must not help or allow anyone else to:
- use the Service, a Creator Game or Demo Credits to offer, facilitate, promote or simulate real-money gambling, betting or prize play in breach of Applicable Law, or to operate any gambling service without every required licence;
- sell, trade or transfer Demo Credits, attach value to them, or present them as having value;
- market to, target or knowingly allow use by anyone under 18, or under the legal gambling age that applies to them;
- mislead anyone about odds, RTP, fairness, winnings, licensing or certification;
- infringe or misappropriate intellectual property or other rights, including by copying or imitating a third party's game, artwork, brand, trade marks or trade dress;
- use the Service for fraud, money laundering, terrorist financing, sanctions evasion or any other unlawful purpose;
- upload malware, or probe, scan, test or breach the security of the Service without our written permission;
- circumvent rate limits, access controls, usage limits or other technical restrictions, or access another user's Account or data;
- scrape, crawl or extract data from the Service by automated means, except through features we provide for that purpose;
- overload or disrupt the Service or our providers' infrastructure;
- reverse engineer, decompile or disassemble the Service, except to the extent Applicable Law expressly permits this despite this restriction;
- resell, sublicense, rent or provide the Service to others as a hosted or managed service without our written permission, or use our Kits or source code to build a competing product;
- harass, abuse, defame or harm anyone, or impersonate any person or organisation;
- access or use the Service, or create, use or control an Account, after we have banned, suspended or terminated you, except with our prior written permission; or
- breach any Legal Document or Applicable Law.
12. Third-party services and platforms
12.1 The Service relies on, links to and works with third-party services, including hosting, database, storage, email, AI and payment providers and Third-Party Platforms. We do not control them, and their own terms and privacy policies govern them.
12.2 We are not responsible or liable for any Third-Party Platform or third-party service, including its availability, security, decisions, fees, content, policies or changes, or for any review, rejection, suspension, delisting, withholding of funds or other action it takes about you or your Creator Games.
12.3 Slot Creator is an independent product. A reference to any Third-Party Platform, game, provider or brand, including Stake Engine, is for identification or comparison only and does not mean that its owner endorses, sponsors or is affiliated with Slot Creator or your Creator Games. Third-party names and marks belong to their owners.
12.4 Your dealings with any third party are solely between you and that third party.
13. Beta, demo and development features
13.1 Slot Creator is under active development. Features may be labelled beta, preview, demo, blueprint, development, test or similar ("Pre-release Features"), and some features may be incomplete without being labelled.
13.2 Pre-release Features are identified as evaluation material and may contain errors or change. Test checkout and simulator flows are labelled as tests and move no money. A checkout identified as live can charge real money for software access; check the amount, method and status before authorising it. The Payment Policy governs purchases.
13.3 The Desktop App is currently distributed as an unsigned development build. Installing it may trigger operating-system security warnings, and you install and run it at your own risk.
13.4 We may change, suspend or discontinue any part of the Service, including features, limits, templates and integrations, at any time. If a change materially reduces a Paid Plan you have paid for, the Payment Policy applies. We give no service-level, uptime or support commitment unless we agree one in writing.
14. Fees and paid plans
14.1 The Paid Plans and payment methods currently available to your Account are shown in Plans & billing. The Three Slot Package is a one-time $5,000 USD purchase for three new saved slot projects; it does not renew automatically. Complimentary or local development access, where offered, is described separately and is not proof of a payment.
14.2 Paid Plans cover software access and creation allowances under the Payment Policy. No fee is a wager, stake, player deposit or purchase of Demo Credits. Additional custom development, certification and publishing services are not included unless expressly agreed in writing.
14.3 We may introduce fees for features that are currently free. We will give notice first, and you may stop using those features if you do not wish to pay.
14.4 Names and build credits. Choose the final game name before creating a project. That name is locked to the saved project. To use a different name, create a new project or a renamed copy, which requires another available Build Credit or a separately granted creation allowance. Creating a new project from an import or duplicate is also a new creation. Updating, saving, applying changes to, recalculating or exporting the same existing project does not consume another Build Credit. A failed creation does not consume a credit. Deleting a successfully created project does not restore its credit.
14.5 We present the project name, creation allowance and applicable project terms before you confirm a new project. Confirming a project is not consent to an undisclosed payment, does not certify that your game is release-ready, and does not waive a statutory cancellation, refund or other non-excludable right. The Payment Policy explains those rights.
15. Our intellectual property
15.1 The Service and everything in it other than User Content, including software, source code, math engines, templates, theme packs, artwork, research compilations, documentation, designs, the Slot Creator and Code Creations names and logos, and all related intellectual property rights, belongs to us or our licensors and is protected by law.
15.2 Provided you comply with the Legal Documents, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Service for its intended purpose. The EULA sets out additional licence terms for the Desktop App and Kits.
15.3 We reserve all rights not expressly granted. You must not remove or alter any proprietary notice, or use our names, logos or trade marks without our prior written permission.
16. Feedback
If you send us suggestions, ideas, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable licence to use, copy, modify, commercialise and otherwise exploit it for any purpose, without any obligation or payment to you, and, to the extent permitted by law, you waive any moral rights in it. You do not have to give feedback.
17. Suspension and termination
17.1 You may stop using the Service at any time. To close your Account yourself, use Studio > Account > Delete account, which deletes your Account and its projects immediately. You can also ask us to close your Account and delete your data by following the data removal request process in our GDPR statement, which is open to every user, or by emailing legal@8galaxies.com; email requests are answered within one month, as the GDPR statement describes.
17.2 We may suspend or restrict your access, remove content, close your Account, ban you from the Service or end these Terms, with or without notice, if:
- you breach, or we reasonably suspect that you have breached, a Legal Document or Applicable Law;
- your use creates legal, regulatory, security or reputational risk for us, our providers or others;
- we are required to by law, a court, a regulator or a service provider; or
- we discontinue the Service or the relevant part of it.
17.3 Where it is reasonably practicable and lawful, we will tell you before we act and give you an opportunity to export your User Content. If we close your Account for a reason other than your breach, we will give you at least 30 days' notice where practicable and refund any prepaid fees for the unused part of a Paid Plan.
17.4 When your Account closes, your right to use the Service ends, and we may delete your Account and User Content as described in the Privacy Policy. We are not liable to you or anyone else for suspension or termination carried out in accordance with these Terms.
17.5 If we ban, suspend or terminate you or your Account, you may not access or use the Service, and you may not create, use or control another Account, whether directly or through another person, without our prior written permission. We may close any Account opened or used in breach of this section without notice.
17.6 We may refuse service to anyone at our discretion, to the extent permitted by Applicable Law.
17.7 Sections 5, 7, 8, 9.3, 10.3 to 10.5, 12, 15, 16, 17.5 and 18 to 30, and any other provision that by its nature should continue, survive termination.
18. Disclaimer of warranties
18.1 For business customers, subject to sections 18.4 and 20 and any express commitment in your order, the Service, the Desktop App, the Kits, Demo Credits, AI outputs and all other content and outputs are provided "as is" and "as available", with all faults and without warranty of any kind. Code Creations, its affiliates and its licensors disclaim all warranties, conditions and representations, whether express, implied, statutory or otherwise, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy or quiet enjoyment, and any warranty arising from a course of dealing or usage of trade.
18.2 Without limiting section 18.1, we do not warrant that the Service will be uninterrupted, timely, secure or error-free; that data will not be lost or corrupted; that defects will be corrected; that math, RTP, statistics, research or other outputs will be accurate or complete; or that the Service or any Creator Game will meet your requirements or achieve any result.
18.3 Some jurisdictions do not allow implied warranties to be excluded, so some of these exclusions may not apply to you. Where a warranty or guarantee cannot be excluded, it applies only to the minimum extent and for the minimum period that the law requires.
18.4 The development scope and disclaimers above do not remove our obligation to provide the software or services expressly agreed in your order, or mandatory duties concerning conformity, reasonable care and skill and remedies for defective or misdescribed supply. A project acknowledgement is not a statement that we have already fulfilled those obligations.
19. Limitation of liability
19.1 For business customers only, subject to section 20, Code Creations, its affiliates and their respective officers, directors, employees, agents, contractors, licensors and suppliers (the "Code Creations Parties") will not be liable, under any theory of liability (whether contract, tort including negligence, strict liability, statute or otherwise), for any:
- indirect, incidental, special, consequential, exemplary or punitive damages;
- loss of profits, revenue, business, contracts, anticipated savings, goodwill or opportunity;
- loss or corruption of data, User Content or Creator Games;
- cost of substitute goods or services;
- fines, penalties, regulatory sanctions, licence refusals, platform rejections, delistings or withheld payments; or
- loss arising from any Third-Party Platform, AI Provider, payment provider, player or other third party,
even if we were advised that such loss was possible and even if a limited remedy fails of its essential purpose.
19.2 For business customers only, subject to section 20, the total aggregate liability of the Code Creations Parties for claims arising out of the affected software or service is limited to the fees you paid us for that software or service during the 12 months immediately before the event giving rise to the first claim. This cap does not apply to Consumers, refunds due for a failure to supply the agreed purchase, or liability that cannot lawfully be limited.
19.3 The business limitations apply collectively to the Code Creations Parties; they do not create a separate cap for each party. Consumer rights and the exceptions in section 20 remain unaffected.
20. Where limits do not apply
20.1 Nothing in the Legal Documents excludes or limits any liability that cannot be excluded or limited under Applicable Law, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- gross negligence or wilful misconduct, where the law does not allow that liability to be limited; or
- rights you have as a Consumer that cannot be waived or limited, such as statutory rights under the UK Consumer Rights Act 2015, the consumer laws of EU member states or the Australian Consumer Law.
20.2 If you are a Consumer in the United Kingdom or the European Economic Area, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, but not for loss or damage that is not foreseeable. If you use the Service for any commercial, business or resale purpose, including publishing Creator Games, we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.
20.3 If you are a Consumer in Australia and the Australian Consumer Law applies, our liability for failing to comply with a consumer guarantee (other than a guarantee whose remedies cannot be limited) is limited, where the law allows, to supplying the services again or paying the cost of having them supplied again.
20.4 Where the law of your jurisdiction does not allow the exclusions or limitations in sections 18 and 19, they apply to the fullest extent that law permits.
21. Indemnification
21.1 To the fullest extent permitted by Applicable Law, you will defend, indemnify and hold harmless the Code Creations Parties and their successors and assigns (each an "Indemnified Party") from and against every claim, demand, action, suit, proceeding, investigation, inquiry, audit and enforcement action by any person, including any regulator, Third-Party Platform, player or rights holder (each a "Claim"), and every resulting loss, liability, damage, judgment, settlement, award, fine, penalty, cost and expense, including reasonable legal, expert and investigation fees (together "Losses"), arising out of or relating to:
- your access to or use or misuse of the Service, the Desktop App, the Kits or Demo Credits;
- your User Content, including AI outputs that you generate, select or use;
- any Creator Game, including its design, mathematics, RTP, features, content, naming, artwork, publication, submission, distribution, licensing, certification, marketing, streaming, operation or play by anyone;
- your dealings with any Third-Party Platform, AI Provider, payment provider, player, viewer or customer;
- your breach of any Legal Document, or any inaccuracy in a representation or warranty you give under one;
- your violation of any Applicable Law, including gambling, gaming, consumer protection, advertising, age-verification, anti-money-laundering, sanctions, export control, tax or data protection laws;
- any actual or alleged infringement, misappropriation or violation of a third party's intellectual property, privacy, publicity or other rights by you, your User Content or your Creator Games;
- any activity carried out through your Account; or
- your negligence, fraud or wilful misconduct,
in every case whatever the platform on which, or the jurisdiction in which, the Claim is brought or the Creator Game is made available.
21.2 This indemnity does not apply to the extent that a Loss is caused by an Indemnified Party's own breach of contract, negligence, fraud or wilful misconduct, or would require you to give up a non-excludable right. It does not make you responsible for our failure to provide the software or services we agreed to supply.
21.3 We will notify you of any Claim for which we seek indemnity. A delay in notice relieves you of your obligations only to the extent that the delay materially prejudices you. We may take exclusive control of the defence and settlement of any Claim at your expense, and you will cooperate fully. If we allow you to control the defence, you must use counsel reasonably acceptable to us, keep us informed, and not settle any Claim in a way that imposes any obligation, admission or restriction on an Indemnified Party without our prior written consent; we may take part with our own counsel at our own cost.
21.4 Your obligations under this section are in addition to any other rights or remedies we have, and they survive termination.
21.5 If you are a Consumer, this section applies only to the extent permitted by the law of your country of residence, and only to Losses caused by your breach of the Legal Documents, your violation of Applicable Law or your infringement of third-party rights.
22. Release of claims
22.1 To the fullest extent permitted by Applicable Law, you release the Code Creations Parties from all claims, demands and damages of every kind, known and unknown, arising out of or relating to any dispute between you and any Third-Party Platform, AI Provider, payment provider, player, viewer, customer, other user or other third party.
22.2 If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive any similar law of any other jurisdiction, to the extent a waiver is permitted.
22.3 This release does not apply to a claim arising from our own breach of contract, negligence, fraud or wilful misconduct, or to any claim that cannot be released under Applicable Law, including non-waivable Consumer rights.
23. Dispute resolution
23.1 Informal resolution first
Before starting any arbitration or court proceeding (other than in a small-claims court or for urgent injunctive relief), you and we agree to try to resolve the dispute informally. The party raising the dispute must send a written notice describing it, the relief sought and the sender's contact details, to legal@8galaxies.com if it is sent to us, or to your Account email address if it is sent to you. Both parties will negotiate in good faith for 60 days after the notice is received. To the extent the law allows, limitation periods are paused during those 60 days.
23.2 Binding individual arbitration for users in the United States
This section 23.2 applies if you live in the United States or, where you use the Service for an organisation, that organisation is established in the United States.
(a) Agreement to arbitrate. Except as set out in section 23.2(e), any dispute, claim or controversy arising out of or relating to the Service or any Legal Document, including its formation, scope, validity, enforceability or interpretation (a "Dispute"), will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in force when the arbitration is filed or, for a Dispute to which those rules do not apply, its Commercial Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this section 23.2. A court, not an arbitrator, will decide any question about the enforceability of section 23.2(c).
(b) Procedure. The seat of arbitration is Maricopa County, Arizona. If you are a Consumer, you may choose to hold any hearing in the county where you live, by video conference or on written submissions. The arbitrator may award the same individual relief that a court could, but only in favour of the individual party seeking relief and only to the extent needed for that party's individual claim. Fees are allocated under the AAA's rules; where those rules require us to pay fees for a Consumer, we will pay them.
(c) Class action waiver. You and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative or private attorney general proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. If this section 23.2(c) is found unenforceable for a particular claim or request for relief, that claim or request (and only that one) will be severed and decided by a court under section 24 after any individual arbitration is complete, and never in class arbitration.
(d) Jury trial waiver. To the extent permitted by law, you and we each waive any right to a jury trial for any Dispute, whether it is decided in arbitration or, where arbitration does not apply, in court.
(e) Exceptions. Either party may (i) bring an individual claim in a small-claims court located in Maricopa County, Arizona, if it qualifies and remains there, and (ii) ask the state or federal courts located in Maricopa County, Arizona, for temporary or preliminary injunctive relief to stop actual or threatened infringement, misappropriation or misuse of intellectual property, or unauthorised access to the Service, pending arbitration.
(f) 30-day right to opt out. You may opt out of this agreement to arbitrate by emailing legal@8galaxies.com from your Account email address within 30 days after you first accept these Terms, giving your full name and Account email address and stating that you opt out of arbitration. Opting out does not affect any other part of the Legal Documents; section 23.2(d) and section 24 continue to apply to the extent permitted by law.
(g) Changes to this section. If we change this section 23.2 after you have accepted it, you may reject the change by emailing legal@8galaxies.com within 30 days after the change takes effect, and the version you last accepted will continue to govern Disputes between us.
23.3 Users outside the United States
(a) If you are a Consumer resident in the United Kingdom, the European Economic Area, Switzerland or any other country whose law lets you bring proceedings in the courts where you live, you may bring proceedings in those courts, and the mandatory consumer protection laws of that country continue to protect you. You may also refer a dispute to an alternative dispute resolution body where one is available to you.
(b) Otherwise, Disputes will be decided by the courts named in section 24. If you use the Service for business purposes outside the United States, those courts have exclusive jurisdiction, although we may seek injunctive relief in any court of competent jurisdiction.
24. Governing law and courts
24.1 The Legal Documents and any dispute or claim arising out of or relating to them or the Service, including non-contractual disputes and claims, are governed by the laws of the State of Arizona, USA, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs section 23.2. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
24.2 Subject to section 23, any dispute or claim that is not resolved by arbitration, including small-claims actions, requests for injunctive relief, the disputes of users who opt out of arbitration and claims severed under section 23.2(c), must be brought exclusively in the state and federal courts located in Maricopa County, Arizona, and you and we submit to the personal jurisdiction and venue of those courts. If you are a Consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in your local courts where that law allows.
25. Time limit for claims
To the extent permitted by Applicable Law, any claim arising out of or relating to the Service or the Legal Documents must be started within one year after the claimant knew, or reasonably should have known, of the facts giving rise to it, or it is permanently barred. This section does not apply to Consumers where the law does not allow limitation periods to be shortened, or to any claim that cannot be time-limited by contract.
26. Order of precedence and general terms
26.1 Precedence. If the Legal Documents conflict, the following order applies to the extent of the conflict: (a) the EULA, for the Desktop App and the Kits; (b) the Payment Policy, for Paid Plans, fees, renewals and refunds; and (c) otherwise, these Terms. The Privacy Policy and the GDPR statement govern how we handle personal data. A separate written agreement signed by us prevails over all of them for its subject matter.
26.2 Entire agreement. The Legal Documents are the entire agreement between you and us about the Service and replace all earlier agreements, representations and understandings about it. You have not relied on any statement that is not set out in them. Nothing in this section limits liability for fraud.
26.3 Severability. If any provision is held invalid, illegal or unenforceable in any jurisdiction, it will be enforced to the maximum extent permissible, or changed to the minimum extent necessary, in that jurisdiction, and the rest of the Legal Documents, and that provision in every other jurisdiction, remain in full force. Section 23.2(c) contains its own severance rule.
26.4 No waiver. A failure or delay in exercising a right is not a waiver of it. A waiver is effective only if it is in writing and signed by us.
26.5 Assignment. You may not assign or transfer the Legal Documents or your Account without our prior written consent, and any attempt to do so is void. We may assign or transfer them, in whole or in part, including in connection with a merger, acquisition, reorganisation or sale of assets; where you are a Consumer, we will do so only in a way that does not reduce your rights.
26.6 Relationship. Nothing in the Legal Documents creates a partnership, joint venture, agency, employment or fiduciary relationship, and neither party can bind the other.
26.7 Third-party rights. Each Indemnified Party may enforce sections 18 to 22. Otherwise, no one other than you and us has any right to enforce any term of the Legal Documents, under any law that would otherwise give third parties that right.
26.8 Electronic communications. You agree to receive communications from us electronically. Electronic agreements, notices and disclosures satisfy any legal requirement that they be in writing.
26.9 Language and interpretation. The Legal Documents are written in English, and any translation is for convenience only; the English version prevails to the extent permitted by law. Headings and summary boxes are for convenience and do not affect interpretation. "Including" and similar words mean "including without limitation".
27. Changes to these Terms
27.1 We may change the Legal Documents from time to time, for example to reflect changes to the Service, our business or the law. We will publish each updated version with a new "last updated" date.
27.2 For material changes we will give you reasonable advance notice, normally at least 30 days, by email, in the Service or on this page, unless a change is required sooner by law or to address security, fraud or abuse, in which case we will give as much notice as is practicable.
27.3 Changes take effect on the date stated. If you keep using the Service after that date, you accept the changes. If you do not agree, you must stop using the Service before that date, and you may close your Account; if you have a Paid Plan, the Payment Policy explains your cancellation and refund rights.
27.4 Changes do not apply retroactively and do not affect any Dispute that a party notified before the change took effect. We may ask you to accept updated Legal Documents again, for example by ticking a box.
28. Export controls and sanctions
The Service, the Desktop App and the Kits may be subject to the export control and sanctions laws of the United States, the United Kingdom, the European Union and other jurisdictions. You represent and warrant that you are not (a) located, organised or ordinarily resident in a country or region subject to comprehensive sanctions; (b) named on, or owned or controlled by anyone named on, any sanctions or restricted-party list, including the US Specially Designated Nationals and Blocked Persons List and the sanctions lists maintained by the United Kingdom and the European Union; or (c) using the Service for any prohibited end use. You will not export, re-export or transfer the Service, the Kits or any Creator Game built with them in breach of those laws.
29. Force majeure
We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, government action, sanctions, and failures of the internet, utilities or our hosting, database, storage, email, AI or payment providers, and cyberattacks, provided we take reasonable steps to limit the effects.
30. Notices and contact
30.1 Send notices to us by email to legal@8galaxies.com, with "Legal notice" in the subject line, and, if you wish, by post to Eight Galaxies, 254 Chapman Road, Newark, Delaware, USA. Arbitration notices and opt-outs must be sent by email as described in section 23.
30.2 We may send notices to you at your Account email address or through the Service. An email notice is treated as received 24 hours after it is sent, unless we receive a delivery failure message.
30.3 Company details: Eight Galaxies, 254 Chapman Road, Newark, Delaware, USA. Privacy questions and data removal requests: legal@8galaxies.com (see our GDPR statement). Eight Galaxies has not appointed a representative in the European Union or the United Kingdom.