PlaySafe AI Terms of Service
Last updated December 22, 2024
1. Introduction
These Terms of Service (“Terms”) govern the access to and use of the PlaySafe AI platform, APIs, dashboards, integrations, and related services (collectively, the “Service”) provided by PlaySafe AI (“PlaySafe”, “we”, “us”). By signing an order form, creating an account, or otherwise using the Service, the customer (“Customer”, “you”) agrees to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
These Terms work alongside the PlaySafe AI Privacy Policy, which explains how end-user (player) data is handled. The Privacy Policy is incorporated into these Terms by reference.
2. Definitions
- Customer Data: data submitted to the Service by or on behalf of the Customer, including User IDs, usernames, in-game communications, gameplay activity, user reports, and session information.
- Customer: the game developer, studio, publisher, or other entity that has entered into an agreement to use the Service. Under GDPR, the Customer acts as the Data Controller.
- Data Processor: PlaySafe AI, when processing Customer Data on behalf of the Customer.
- Players: end users of the Customer’s games whose data may be processed through the Service.
- Order Form: any document signed or accepted by the Customer that references these Terms and specifies the subscription, pricing, and term.
3. The Service
PlaySafe AI provides automated community moderation and management tools for game developers, including:
- Detection and classification of in-game communications, behavior, and player reports.
- Tools for enforcing community guidelines and applying moderation actions.
- Dashboards, analytics, and APIs for managing moderation decisions and appeals.
- Optional integrations with third-party platforms operated by the Customer.
The features available to a Customer depend on the plan, order form, or subscription tier in effect at the time.
4. Eligibility and Accounts
To use the Service, the Customer must be a legal entity capable of entering into a binding contract. The Customer is responsible for:
- Providing accurate and complete account information.
- Keeping account credentials and API keys confidential.
- All activity that occurs under its account, whether or not authorized.
Accounts may not be shared across unrelated entities. We reserve the right to suspend or terminate accounts found to be in violation of these Terms.
5. Customer Responsibilities
The Customer is responsible for:
- Configuring moderation rules, severity thresholds, and automated actions appropriate to its community.
- Obtaining explicit consent from Players for the collection and processing of their data, in accordance with applicable End-User License Agreements (EULAs), privacy notices, or equivalent agreements.
- Ensuring that data submitted to the Service does not include information about children under 13 years old, in line with the PlaySafe AI Privacy Policy.
- Communicating moderation decisions to its Players as it deems appropriate.
- Complying with all laws applicable to its operation of its game and community.
6. Acceptable Use
The Customer agrees not to:
- Use the Service to process content unlawfully, or in a way that violates the rights of any third party.
- Attempt to reverse-engineer, decompile, or extract the underlying models, training data, or proprietary methods of the Service.
- Resell, sublicense, or relicense the Service to third parties without prior written consent.
- Use the Service to build a competing product or to benchmark it for purposes of building a competing product.
- Interfere with the integrity or performance of the Service, including by submitting malicious data, automated abuse, or excessive load outside the limits of the Customer’s plan.
7. Fees, Billing, and Renewals
Fees are set out in the active Order Form or in the self-serve plan selected by the Customer. Unless otherwise stated:
- Fees are billed in advance for the applicable billing period (monthly or annual).
- Fees are non-refundable except where required by law.
- Subscriptions renew automatically at the end of each billing period unless cancelled in accordance with these Terms.
- Late payments may incur interest at the lesser of 1.5% per month or the maximum rate permitted by law.
We may adjust pricing for future billing periods with reasonable advance notice.
8. Data Processing and Privacy
PlaySafe AI acts as a Data Processor under GDPR and a service provider under the CCPA. We process Customer Data solely to provide the Service and only on the documented instructions of the Customer. Full details of how Player data is collected, used, retained, and protected are set out in the PlaySafe AI Privacy Policy.
The Customer warrants that it has obtained all necessary consents and lawful bases to submit Customer Data to the Service. The Customer is solely responsible for the accuracy, legality, and provenance of the data it submits.
9. Intellectual Property
PlaySafe retains all rights, title, and interest in and to the Service, including all underlying software, models, documentation, and improvements thereto. No rights are granted to the Customer other than the limited right to use the Service in accordance with these Terms.
The Customer retains ownership of Customer Data. The Customer grants PlaySafe a non-exclusive, worldwide, royalty-free license to host, process, transmit, and use Customer Data solely as necessary to provide and improve the Service, subject to the obligations set out in the PlaySafe AI Privacy Policy.
Feedback or suggestions provided by the Customer about the Service may be used by PlaySafe without obligation or compensation.
10. Confidentiality
Each party agrees to keep the other party’s Confidential Information confidential and to use it only for the purposes of performing under these Terms. Confidential Information includes non-public business, technical, and financial information disclosed by one party to the other. Customer Data is treated as Confidential Information of the Customer.
The confidentiality obligations do not apply to information that is publicly known through no fault of the receiving party, was independently developed without use of the disclosing party’s Confidential Information, or is required to be disclosed by law.
11. Service Availability and Support
We aim to provide a reliable Service but do not guarantee uninterrupted availability. Scheduled maintenance, incidents, and force majeure events may cause temporary unavailability. Service level commitments, if any, are set out in the applicable Order Form or service-level agreement.
Support is provided in accordance with the Customer’s plan or Order Form.
12. Warranties and Disclaimers
PlaySafe warrants that the Service will be provided in a professional and workmanlike manner. Beyond this, and to the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Automated moderation results are probabilistic and may include false positives or false negatives. The Customer is responsible for reviewing, overriding, or escalating moderation decisions as it deems appropriate.
13. Limitation of Liability
To the maximum extent permitted by law:
- Neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, or data, even if advised of the possibility of such damages.
- PlaySafe’s total aggregate liability arising out of or related to these Terms shall not exceed the fees paid by the Customer to PlaySafe in the twelve (12) months immediately preceding the event giving rise to the claim.
These limitations apply regardless of the form of action, whether in contract, tort, or otherwise.
14. Indemnification
The Customer agrees to indemnify, defend, and hold harmless PlaySafe and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of:
- The Customer’s use of the Service in violation of these Terms.
- Customer Data, including any claim that Customer Data infringes the rights of, or has caused harm to, a third party.
- The Customer’s failure to obtain necessary consents from Players or to comply with applicable laws.
15. Term and Termination
These Terms remain in effect for the duration of the Customer’s subscription or Order Form. Either party may terminate for material breach by the other party that is not cured within thirty (30) days of written notice describing the breach.
Upon termination:
- The Customer’s right to access and use the Service ends immediately.
- We will, on reasonable request and within a reasonable window, assist with the export of Customer Data.
- After the export window, Customer Data will be deleted or anonymized in accordance with the retention provisions of the PlaySafe AI Privacy Policy.
Provisions that by their nature should survive termination (including those relating to intellectual property, confidentiality, indemnification, limitation of liability, and governing law) will survive.
16. Updates to these Terms
We may update these Terms from time to time. Material changes will be communicated to Customers by email or through the Service in advance of taking effect. Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes.
17. Governing Law and Disputes
These Terms are governed by the laws of the jurisdiction specified in the Customer’s Order Form, or, if not specified, the jurisdiction in which PlaySafe is incorporated, without regard to its conflict of laws principles. The parties agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction for any dispute arising out of or relating to these Terms, subject to any mandatory consumer protection laws that may apply.
18. Contact Us
Questions about these Terms can be sent to hello@playsafe.ai. For privacy-specific inquiries, see the PlaySafe AI Privacy Policy or contact privacy@playsafe.ai.