MAKEPLAY · TERMS OF SERVICE

Consumer Terms of Service

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Introduction

Welcome to MakePlay! Before you access our Services, please read these Terms of Service.

These Terms of Service (“Terms”) govern your access and use of MakePlay’s hosted application at https://makeplay.ai and other products and services that we may offer for individuals, along with any associated apps, software, and websites (together, our “Services”). These Terms are a contract between you and Shanda Group Corp (“we”, “us”, “our”). By accessing our Services, you agree to these Terms.

Please read our Privacy Policy, which describes how we collect and use personal data.

1. Who We Are

MakePlay is an AI-powered game creation platform. You describe a game you want in plain language, and our AI systems generate a playable game — including sprite, code, music, and levels — instantly and without requiring you to write code. You can iterate on your game through conversation, publish it to our public arcade, and play, comment on, favorite, and remix games created by other users.

MakePlay is developed and operated by us.

2. Account Registration and Access

Minimum Age. You must be at least 13 years old, or the minimum age required to consent to use the Services in your location, whichever is higher, to create an account. If you are between 13 years old and the age of legal majority in your place of residence, you may only use the Services with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf and takes responsibility for your use of the Services.

Account Registration. To access certain features of our Services, we may ask you to create an account, including through third-party sign-in (such as Google or Apple). You agree to provide correct, current, and complete Account information and allow us to use it to communicate with you about our Services. Our communications to you using your Account information will satisfy any requirements for legal notices.

You may not share your Account login information or Account credentials with anyone else. You also may not make your Account available to anyone else. You are responsible for all activity occurring under your Account, and you agree to notify us immediately if you become aware of any unauthorized access to your Account by sending an email to support@makeplay.ai.

You may close your Account at any time by contacting us at support@makeplay.ai.

Suspension and Termination. You may stop using the Services at any time. We may suspend or terminate your access to the Services (in whole or in part) if we reasonably determine that: (a) you have breached these Terms or our Acceptable Use Policy; (b) we must do so to comply with applicable law or a legal request; or (c) your use may pose a risk or harm to us, our users, or any third party. Where reasonably practicable and not prohibited by law or our safety obligations, we will give you notice and an opportunity to appeal; where we cannot give advance notice, we will provide it promptly afterwards. If we terminate your access for a reason other than your breach or unlawful conduct, the provisions in Section 6 apply. This does not limit any mandatory rights you have under applicable consumer law.

3. Use of Our Services

Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Acceptable Use Policy and any other documentation, guidelines, policies or supplemental terms we make available to you.

You may not access or use, or help another person to access or use, our Services in the following ways:

4. Content

Generally. You may interact with our Services by providing prompts, chat messages, and reference images to direct our AI in building your game (we call these “Inputs”). Our Services generate games — including code, pixel art, music, and levels — and other responses in reply to your Inputs (we call these “Outputs”). Inputs and Outputs collectively are “Content”.

Rights and Responsibilities. You are responsible for all Inputs you submit to our Services and for any game or other Content you publish. By submitting Inputs to us, you represent and warrant that: (a) you have all rights, licenses and permissions that are necessary for us to process the Inputs under our Terms and to provide the Services to you; and (b) your submitting Inputs to us will not violate our Terms, our Acceptable Use Policy, or any applicable laws or regulations.

General Acknowledgements. You further agree and acknowledge that: (a) we assume no liability for any Content and make no warranties about its accuracy, quality, playability, or legality; (b) you bear sole responsibility for your Content’s form, content, and accuracy; (c) we reserve the right to modify, refuse, or remove Content — including published games, comments, and message-board posts — at our discretion without liability; (d) we may collect usage data to enhance service quality; and (e) games and other Content you choose to publish to the public arcade may be freely played, viewed, and (where you enable remixing) built upon by other users, as described below.

Ownership of Content. As between you and us, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Inputs you submit (including reference images you upload). Subject to your compliance with our Terms, we assign to you all of our right, title, and interest — if any — in Outputs (including the code, art, music, and levels generated for your game). You acknowledge that Outputs may not be unique and that other users may receive similar or identical Outputs from similar Inputs.

Publishing and Remixes. When you publish a game to the public arcade, you grant us and other users of the Services a non-exclusive, worldwide, royalty-free license to access, play, and display that game, and — if and to the extent you enable remixing for that game — to create and publish derivative “remix” games built on top of it, for as long as your game remains published. Remix games will display attribution showing which game they were remixed from. You may unpublish a game at any time, which will make it unavailable to other users going forward, without affecting remixes already published by other users prior to unpublishing.

Reliance on Outputs. Artificial intelligence systems, including the models that power MakePlay, are still improving in accuracy and reliability. You acknowledge and agree that: (a) Outputs are provided for entertainment and creative purposes and may contain bugs, errors, or unexpected behavior; (b) Outputs may include characters, art, music, or other elements that unintentionally resemble existing copyrighted works, and you are responsible for reviewing and, where necessary, modifying Outputs before publishing them; and (c) you must not rely on Outputs as a substitute for professional advice of any kind.

Our Use of Content. We may use Content to provide, maintain, and improve the Services and to develop other products and services, including improving the AI systems used to build games, unless you opt out of such use through your account settings where such an option is offered. Certain Inputs (such as game descriptions, chat messages, and reference images) are processed by third-party AI model providers we engage in order to generate your Outputs; those providers process such Content pursuant to their own applicable terms, in addition to ours. Even where you opt out, we may use Content for model improvement when: (1) you provide User Feedback to us regarding any Content, or (2) your Content is flagged for safety review to improve our ability to detect harmful content, enforce our policies, or advance our safety research.

5. Fees and Virtual Items

Currently Free. As of the date of these Terms, access to and use of the Services — including creating, publishing, and playing games — is free of charge.

Coins. Certain features let you earn Coins, a virtual, non-transferable, in-Service currency, through activities such as daily check-in streaks, playtime, and tips received from other users on games you have published. Coins: (a) have no monetary value; (b) cannot currently be purchased with real money; (c) cannot be exchanged, cashed out, sold, or redeemed for cash or any item of value outside the Services; and (d) may be adjusted, capped, expired, or removed by us at any time, subject to applicable law.

Future Paid Features. We reserve the right to introduce paid subscriptions, purchasable virtual items (including Coins), or other paid features in the future. If we do so: (a) we will provide reasonable advance notice; and (b) additional or updated terms governing billing, subscriptions, virtual item purchases, and related matters will apply and will supplement or update these Terms and our Privacy Policy as needed at that time. Sections 5 and 6 of these Terms will apply in full to any such paid features once introduced.

6. Refunds and Cancellation

Because the Services are currently provided free of charge, no fees are currently collected and this Section does not presently apply.

If and when we introduce paid features under Section 5, we will update these Terms or publish supplemental terms describing applicable billing, cancellation, and refund policies, consistent with applicable consumer-protection law, including any mandatory cooling-off, withdrawal, or cancellation rights available under the law of your country or region of residence. Nothing in these Terms overrides those mandatory rights.

7. User Feedback

We appreciate feedback, including ideas, comments, suggestions for improvement, bug reports, or ratings of an Output in response to an Input (“User Feedback”). By providing User Feedback to us, you agree that: (a) we may store your User Feedback, we shall own all right, title, and interest in and to such User Feedback, and we may use such User Feedback however we choose without any obligation or payment to you; (b) we have no obligation to consider, address, or act upon any User Feedback; and (c) you have provided such User Feedback on a non-confidential basis.

8. Software

We may offer manual or automatic updates to our software, including our apps (“MakePlay Software”), without advance notice to you. MakePlay Software may include open source software, which is governed by its own license terms. The Services also rely on third-party AI models and infrastructure; your use of Outputs generated using those models remains subject to these Terms, without prejudice to any additional restrictions the underlying model provider may place on outputs of its own model where disclosed to you. In the event of any conflict between these Terms and an applicable open source license, that license will control as to the relevant portion of the MakePlay Software and to the extent of the conflict.

9. Our IP Rights

The Services are owned, operated, and provided by us and our affiliates, licensors, distributors, and service providers (collectively “Providers”). We and our Providers retain all of our respective rights, title, and interest, including intellectual property rights, in and to the Services, including the “MakePlay” name and logo. Other than the rights of access and use expressly granted in our Terms, our Terms do not grant you any right, title, or interest in or to our Services.

You may not use our name, logos, or other trademarks without our prior written permission, or in any manner that implies our affiliation, endorsement, or sponsorship, except as necessary to use the Services in accordance with our Terms.

10. Disclaimer of Warranties; Limitation of Liability

YOUR USE OF THE SERVICES, CONTENT, AND ANY GAME PUBLISHED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES AND OUTPUTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SHANDA GROUP’S TOTAL AGGREGATE LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR ACCESS TO OR USE OF THE SERVICES IN THE SIX MONTHS PRECEDING THE DATE SUCH DAMAGES FIRST AROSE, AND (B) THE EQUIVALENT OF USD 100.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU.

11. General Terms

Changes to the Services. Our Services are novel and will change. We may sometimes add or remove features, increase or decrease capacity or usage limits, offer new Services, or stop offering certain Services.

Unless we specifically agree otherwise in a separate agreement with you, we reserve the right to modify, suspend, or discontinue the Services or your access to the Services, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering a Service, there may be urgent situations — such as preventing abuse, responding to legal requirements, or addressing security and operability issues — where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Services or your access to them.

Changes to Terms. We may update these Terms or our Services from time to time. For changes that materially affect your rights or obligations, we will provide at least 30 days’ advance notice (for example, by email to the address associated with your account or by an in-product notice) before the change takes effect, unless the change is required by law or necessary for security reasons, in which case we will give as much notice as is reasonably practicable. Other changes will be effective when the updated Terms are posted on our website. If you do not agree to the changes, you must stop accessing and using our Services before the change takes effect. If you continue to access and/or use the Services after the change takes effect, you will be deemed to have agreed to the updated Terms.

Severability. If a particular Term or portion of these Terms is not valid or enforceable, this will have no effect on any other Terms.

No waiver. Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.

Entire agreement. These Terms, our Acceptable Use Policy, and any other terms expressly incorporated by reference form the entire agreement between you and us.

No assignment. These Terms may not be transferred or assigned by you without our prior written consent but may be assigned by us without restriction.

Export Controls. You may not export or provide access to the Services into any U.S. embargoed countries or to anyone on (i) the U.S. Treasury Department’s list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists. You represent and warrant that you and anyone accessing or using the Services on your behalf, or using your Account credentials, are not such persons or entities and are not located in any such country.

Legal Compliance. We may comply with governmental, court, and law enforcement requests or requirements relating to provision or use of the Services, or to information provided to or collected under our Terms. We reserve the right, at our sole discretion, to report information from or about you, including but not limited to Inputs, Outputs, or other Content, to law enforcement.

12. Governing Law; Dispute Resolution

Governing Law. These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Services, whether in contract, tort, or otherwise (each, a “Dispute”), are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Consumers outside the United States. If you use the Services as a consumer, nothing in these Terms deprives you of the protection of the mandatory consumer-protection laws of your country of residence, and those laws prevail to the extent of any conflict with these Terms.

Informal resolution. Before starting an arbitration, you and we will try in good faith to resolve any Dispute informally for at least 30 days after written notice of the Dispute (notice to us must be sent to support@makeplay.ai).

Binding arbitration. Any Dispute not resolved through the informal resolution will be finally resolved by binding arbitration administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and, for mass filings, its Mass Filing Supplemental Rules and Fee Schedule, each as then in effect, as modified here: (a) the seat (legal place) of arbitration is Wilmington, Delaware; (b) a single arbitrator will be appointed; (c) the arbitration will be conducted in English; (d) the arbitrator may conduct hearings by videoconference or other remote means, and you will not be required to attend in person; and (e) judgment on the award may be entered in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act (FAA), which governs its interpretation, validity, and enforcement.

Injunctive relief. Either party may seek injunctive or other equitable relief in the Delaware Court of Chancery (or, where that court lacks jurisdiction, the state or federal courts located in Delaware) to protect its intellectual property or Confidential Information. The parties consent to the personal jurisdiction of those courts for these purposes.

Class action and jury trial waiver. All Disputes will be brought only in a party’s individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one party’s claims or preside over any class or representative proceeding. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

Batch arbitration. If 25 or more claimants represented by the same or coordinated counsel submit demands for arbitration raising substantially similar Disputes within 90 days of one another, you and we agree that the demands will be administered by NAM under its Mass Filing Supplemental Rules in batches of up to 50 claimants each, with a single arbitrator, one set of arbitration fees, and one hearing (by videoconference or in a location the arbitrator decides) per batch, to the extent permitted by applicable law.

13. How to Contact Us

If you have any questions or comments, please contact us by email at support@makeplay.ai for product or service-related inquiries.

Terms of Service — MakePlay