Terms of Service

1. About these terms

These Terms of Service (the "Terms") are an agreement between you and TODO: legal entity name, a company registered in the Republic of Türkiye with its registered office at TODO: registered address (MERSİS number: TODO: MERSİS number; tax office and number: TODO: tax office and tax number; KEP address: TODO: KEP address), trading as Playbaker ("Playbaker", "we", "us", "our"). They cover your use of the website at https://playbaker.com, the Playbaker studio, and everything we provide with them (together, the "Service").

When you use the Service, your contract is with us. When you buy a paid plan, the purchase itself is made from our reseller, Paddle.com (see section 6). These Terms also include our Privacy Policy and our Refund & Cancellation Policy.

If your organisation has signed a separate written agreement or order form with us (for example for an Enterprise plan), that agreement applies, and it takes priority over these Terms where the two conflict.

2. Accepting these terms

You accept these Terms when you create an account, tick a box or click a button that refers to them, or use the Service. If you don't agree, don't use the Service.

If you use the Service for a company or other organisation, you confirm that you are authorised to accept these Terms for it, and "you" means that organisation as well as you.

3. Who can use Playbaker

• You must be at least 16 years old to use the Service, and at least 18 (or the age of majority where you live, if higher) and able to enter a binding contract to buy a paid plan.
• The Service is built for professional use: game studios, publishers, agencies and the people who work for them. You may also use it as an individual.
• You may not use the Service if you are located in, or a resident of, a country or region subject to comprehensive sanctions, or if you are named on a sanctions list that applies to us or to our providers, or if export control laws forbid you from receiving the Service.
• You may not use the Service if we have previously closed your account for breaking these Terms, unless we agree in writing.

4. Your account

• You can sign up with an email address and password, or with Google. Give us accurate information and keep it up to date.
• Keep your password and your access to your email or Google account secure. You are responsible for everything that happens under your account, unless it happened because we failed to protect it.
• Accounts are personal. Don't share your login. On plans with team features, invite each person as their own member instead.
• If you are the owner or admin of a team workspace, you are responsible for who you invite, the roles you give them and what they do in the workspace. Content in a shared workspace can be seen and changed by its members according to their roles.
• Tell us straight away at [email protected] if you think someone has accessed your account without permission.

5. The service and how the AI works

Playbaker is a self-serve AI studio that builds HTML5 playable ads for games. You paste a store link, upload screenshots or gameplay video, or describe a game. AI agents then generate code, images, audio and 3D models, play-test the build in a headless browser, and export files for ad networks such as AppLovin, Unity Ads, ironSource, Meta, Google Ads, TikTok, Mintegral, Moloco and Liftoff, or as generic HTML5.

The nature of AI output

• The Service uses large language models and generative models run by third-party providers. Their output is produced automatically and is not reviewed by a person before you see it.
• Output can be inaccurate, incomplete, buggy or unsuitable. It can also resemble existing games, characters, artwork, music or other material, and similar output may be produced for other users.
• Automated play-testing reduces errors but does not catch all of them. We don't guarantee that a playable will work on every device, pass an ad network's review, comply with any particular law or policy, or perform well in a campaign.
• You decide whether to use, change or publish any output, and you are responsible for checking it first (see section 9).

Early access and beta features

Playbaker is in early access. Some features are labelled beta, preview or experimental. They may change, be limited or be withdrawn, and they are provided without any commitment about availability or quality.

Changes and availability

We improve the Service all the time, so features, supported networks, models and providers will change. We may add, change or remove features. If a change materially reduces what you have paid for, we will tell you in advance where we reasonably can. We aim to keep the Service available but do not promise it will be uninterrupted or error-free; service levels are only offered under a separate Enterprise agreement. If we decide to shut the Service down completely, we will give you at least 30 days' notice and refund the unused part of any prepaid fees.

The Service is not a backup or archive. Download and keep copies of the exports you need.

6. Plans, credits and billing

Plans and credits

• We offer Free, Pro, Business and Enterprise plans. Current prices, credit amounts and features are on our pricing page. Prices are in US dollars.
• Each plan includes a monthly allowance of credits that refills on your renewal date. Credits are used up by AI work, such as builds, edits and generated assets. How many credits a job takes depends on the work done, and is described on the pricing page and in the studio.
• Credits are used for the work performed, whether or not you are happy with the result. If you run out of credits, a build stops at its next step. If a build fails because of a fault on our side, we may restore the credits it used.
• On Pro and Business, unused credits from a paid month roll over for one month and then expire. Free plan credits don't roll over.
• Credits are a way of measuring use of the Service. They are not money, have no cash value, can't be sold, transferred or exchanged, and are not refundable except as stated in our Refund & Cancellation Policy or where the law requires. Unused credits end when your account closes.
• We may change how many credits a type of job costs. If a change increases costs materially, we will announce it at least 30 days ahead.

Payment through Paddle

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

This means Paddle sells you the subscription, takes your payment, issues your invoices or receipts, and calculates and collects any VAT or sales tax. Your purchase is also subject to Paddle's buyer terms. For help with a payment, receipt or refund, you can contact Paddle at paddle.net or write to us and we will help. We never see or store your full card details. If we move to a different payment processor or reseller, we will tell you, and this section will apply to them in the same way.

Renewal and cancellation

• Paid plans renew automatically at the end of each billing period (monthly or yearly) at the price then in effect, and your payment method is charged, until you cancel.
• You can cancel at any time from Plans & billing in your account, or through the link in your Paddle receipt. Cancellation takes effect at the end of the current billing period. Until then you keep your plan and credits; after that your account moves to the Free plan.
• Cancelling stops future charges. It does not refund the current period, except as stated in our Refund & Cancellation Policy or where the law requires.
• Upgrades take effect straight away and may be charged pro rata, as shown at checkout. Downgrades take effect at the end of the current billing period.

Price changes

We may change our prices. For an existing subscription, a new price applies from your next renewal after we have given you at least 30 days' notice by email or in the app. If you don't want to pay the new price, cancel before that renewal. Promotional or early-access prices apply only for the period stated with them.

Taxes

Prices are shown without taxes unless stated otherwise. Paddle adds VAT, GST or sales tax at checkout where it applies, based on your location. If you buy for a business, you can enter your tax ID at checkout where Paddle supports it.

Failed payments, mistakes and chargebacks

• If a renewal payment fails, Paddle may try again. If it still fails, we may move your account to the Free plan or pause paid features until payment succeeds.
• If a price is shown incorrectly because of an obvious error, we may cancel the order and refund what you paid.
• Please contact us or Paddle before disputing a charge with your bank. We may suspend an account while a chargeback is open.

Enterprise

Enterprise plans, volume pricing and invoice billing are agreed in a separate order form or agreement, which sets out the prices, payment terms and any service levels.

7. Free plan and fair use

• The Free plan is for trying Playbaker. Its credits and features are listed on the pricing page, and we may change or end it.
• On the Free plan you can build, preview, play and edit playables in the studio. Exporting or downloading a playable file needs a paid plan.
• One Free account per person. Don't create several accounts to get more free credits.
• All plans are subject to fair use, including features described as unlimited. Don't use scripts, bots or automated means to drive the Service unless we have agreed this with you in writing. We may apply rate limits and other technical limits to keep the Service fast and fair for everyone.

8. Acceptable use

You must use the Service lawfully and responsibly. In particular, you must not use it to create, upload or distribute anything that:

• infringes anyone's copyright, trademark, design, publicity, privacy or other rights, including using games, characters, brands, logos, music or store pages you don't have the rights or permission to use;
• is deceptive or misleading, impersonates a person or company, or breaks advertising law or ad network policies;
• is sexually explicit, sexualises minors in any way, or promotes hate, harassment, violence, terrorism or self-harm;
• contains malware, phishing, credential harvesting, cryptomining, hidden tracking, or code that collects personal data from people who see the ad without a lawful basis;
• promotes real-money gambling. Social casino playables that use only virtual coins are allowed if they clearly show that no real money can be won or wagered (for example "No real money. Coins have no cash value.");
• promotes illegal products or services, or targets children in breach of child protection or advertising rules;
• is otherwise unlawful, or would expose us or our providers to legal liability.

You also must not:

• probe, scan, test or bypass our security, credit limits, rate limits or bot protection, or interfere with the Service or other users;
• copy, scrape, reverse engineer or decompile the Service, except where the law allows this despite this restriction;
• resell, rent or provide the Service to third parties as your own service, or share accounts, without our written agreement;
• use the Service to build a competing product, or to extract our prompts, agents or system design;
• try to get around the safety systems of the AI models we use, or use the Service in a way that breaks the usage policies of our AI providers.

We may review, block or remove content, refuse a request, or suspend an account where we reasonably believe these rules have been broken. Our systems and our AI providers' systems may also refuse requests automatically.

9. Your content and the outputs

What's yours

"Inputs" are what you give the Service: prompts, store links, screenshots, videos, artwork, brand assets and other files. "Outputs" are what the Service generates for you: code, images, audio, 3D models, builds and exported files. Inputs and Outputs together are "Your Content".

• You keep all rights you have in your Inputs.
• As between you and us, you own the Outputs. We assign to you any rights we have in the Outputs, to the extent the law allows. Some Outputs may not be protected by copyright or similar rights in some countries, and because similar Outputs may be generated for others, we can't promise you exclusive rights in them.
• Playables may include our standard code (for example runtime, templates and ad network adapters) and open-source components. We keep ownership of our standard code and give you a worldwide, perpetual, royalty-free, non-exclusive licence to use, copy, modify and distribute it as part of your playables and ads. Open-source components remain under their own licences.

What you allow us to do

You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, adapt (for example to package a build for a network) and display Your Content, only as needed to provide, secure and support the Service for you, and to comply with the law. We show Your Content only inside your account and to people you share it with, such as members of your team workspace. We won't publish it, for example in our showcase, without your permission. This licence ends when Your Content is deleted, apart from copies in backups until they are overwritten and copies we must keep by law.

AI training

• We don't use Your Content to train our own AI models.
• To generate Outputs, we send relevant parts of Your Content to third-party AI providers (see our Privacy Policy). They process it under their own terms. Where a provider offers a setting that stops it training on data sent through its API, we use it.
• We may use aggregated, de-identified data about how the Service is used (for example credit use, build times and error rates) to run and improve the Service. It does not include Your Content.

Your responsibilities

• You confirm that you own, or have all the permissions needed for, your Inputs, including the games, brands, characters and store pages you reference. If you work for a publisher or client, make sure you are authorised to use their material.
• Review Outputs before you publish them. You are responsible for checking that your ads are accurate, don't infringe anyone's rights, and comply with the law and with the policies of the ad networks and stores you use.
• If your Inputs include personal data about other people (for example a face in a screenshot), you are responsible for having a lawful basis to use it.

10. Our service and intellectual property

The Service, including our software, agents, prompts, models, website, designs and the Playbaker name and logo, belongs to us or our licensors and is protected by intellectual property laws. Subject to these Terms and to paying any fees that apply, we give you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own business or personal purposes while your account is active. We keep all rights not expressly given to you. Don't use our name or logo in a way that suggests we endorse you without our written permission.

11. Third-party services and ad networks

• The Service depends on third parties, including hosting, AI model providers, email delivery, payment and sign-in providers. We are responsible for our choice of providers, but not for third-party services you choose to use yourself.
• We export files in the formats ad networks publish. We are not affiliated with, endorsed by or sponsored by any ad network, store or game publisher named on our website. Their names and logos belong to their owners.
• Ad networks and stores change their specifications and policies, and decide for themselves whether to accept your ads. Your relationship with them, including payment for ad spend and compliance with their terms, is between you and them.
• If you sign in with Google, Google's terms and privacy policy also apply to your Google account.

12. Reporting infringement

If you believe content created or stored with the Service infringes your rights, email [email protected] with your contact details, a description of the work or right concerned, enough information for us to identify the content, and a statement that the information is accurate and that you are the rights holder or authorised to act for them. We will review the notice, may remove or disable the content, and will close the accounts of users who repeatedly infringe.

13. Feedback

If you send us ideas, suggestions or feedback, we may use them freely and without any obligation to you. This does not give us any rights in Your Content.

14. Confidentiality

We treat Your Content as confidential. Our staff and contractors access it only when needed to provide or support the Service, to investigate a problem or misuse, to keep the Service secure, with your permission, or when the law requires. If you need further commitments, for example a non-disclosure agreement or specific security terms, these are available under a separate Enterprise agreement.

15. Privacy

Our Privacy Policy explains how we handle personal data. If you are a business customer and need a data processing agreement for personal data contained in Your Content, contact us.

16. Suspension and termination

By you

You can stop using the Service at any time and delete your account in your account settings or by emailing us. If you have a paid plan, cancel it before deleting your account so you are not charged again, or ask us to do both for you.

By us

We may suspend or close your account, or limit access to some features, if:

• you seriously or repeatedly break these Terms, including the acceptable use rules;
• you don't pay fees that are due;
• we reasonably believe your use creates a security, fraud or legal risk, or could harm us, other users or third parties;
• we are required to by law, by a court or by an authority, or a provider we depend on requires it.

Where reasonable and lawful, we will tell you first and give you a chance to fix the problem. We may also close an account for any other reason with at least 30 days' notice, in which case we refund the unused part of any prepaid fees.

What happens next

When your account closes, your access ends and unused credits end. Download anything you want to keep before then. We delete Your Content from our live systems within 30 days, as described in our Privacy Policy. Sections that by their nature should continue (including fees owed, Your Content and the outputs, our intellectual property, disclaimers, limitation of liability, indemnity and governing law) continue to apply.

17. Disclaimers

To the fullest extent the law allows, the Service and all Outputs are provided "as is" and "as available". We make no warranties, express or implied, including about merchantability, fitness for a particular purpose, non-infringement, accuracy, or the results of any ad campaign. We don't warrant that Outputs are unique, free of third-party rights, accepted by any ad network, or suitable for any purpose.

If you are a consumer, you have legal rights that these Terms cannot remove, for example rights relating to digital content that is faulty or not as described. Nothing in these Terms affects those rights.

18. Limitation of liability

To the fullest extent the law allows:

• Neither of us is liable for indirect, incidental, special or consequential losses, or for loss of profits, revenue, business, goodwill, data or advertising spend, or for the performance or rejection of an ad campaign, however caused.
• Our total liability to you for all claims arising out of or relating to the Service or these Terms is limited to the total fees you paid for the Service in the 12 months before the event giving rise to the claim, or USD 100 if you have not paid anything.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, for fraud, for intentional misconduct or gross negligence where the applicable law does not allow this to be limited, or your statutory rights as a consumer. The limits above don't apply to your obligation to pay fees, your indemnity obligations, or your breach of section 8.

19. Indemnity

You will defend and indemnify us and our officers, employees and contractors against claims, losses, damages, fines and reasonable costs (including legal fees) brought by third parties or authorities that arise from Your Content, your ads and campaigns, your use of Outputs, or your breach of these Terms or the law. We will tell you promptly about a claim, let you control its defence (we may join with our own counsel at our cost), and won't settle it in a way that admits fault for you without your consent. If you are a consumer, this section applies only to the extent the law allows and where the loss was caused by your fault.

20. Governing law and disputes

• These Terms, and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes), are governed by the laws of the Republic of Türkiye, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
• Business users: the courts and enforcement offices of Istanbul (Çağlayan) have exclusive jurisdiction.
• Consumers: if you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in the courts of your country of residence where the law gives you that right. Consumers in Türkiye may apply to the Consumer Arbitration Committees (Tüketici Hakem Heyetleri) or Consumer Courts within the limits set by Law No. 6502 on the Protection of Consumers.
• Before starting formal proceedings, please contact us at [email protected] and give us 30 days to try to resolve the issue informally. This does not stop either of us from seeking urgent court relief, and does not affect a consumer's statutory deadlines.
• To the extent the law allows, disputes will be resolved on an individual basis and not as part of a class, group or representative action.

21. Changes to these terms

We may update these Terms, for example when we change the Service or when the law changes. If a change is material, we will tell you by email or in the app at least 30 days before it takes effect. Changes required by law, or that only concern new features, may apply sooner. The "Last updated" date shows when the Terms last changed. If you continue to use the Service after a change takes effect, you accept the updated Terms. If you don't agree, stop using the Service and cancel your subscription before the change takes effect.

22. Notices

We send notices to the email address on your account, or show them in the app. You can send notices to us at [email protected]. Formal legal notices should also be sent to our registered address: TODO: registered address.

23. General

• Entire agreement. These Terms, together with the policies they refer to and any separate agreement mentioned in section 1, are the whole agreement between you and us about the Service.
• Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer them to a company in our group or as part of a merger, acquisition or sale of assets, and will tell you if this happens.
• Severability. If a court finds any part of these Terms invalid or unenforceable, the rest stays in effect, and the invalid part is replaced by a valid provision as close as possible to the original intent.
• No waiver. If we don't enforce a right straight away, we can still enforce it later.
• Force majeure. Neither of us is responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, war, terrorism, riots, government action, pandemics, power or internet failures, failures of third-party hosting or AI providers, or cyberattacks. This does not excuse payment obligations.
• Relationship. We are independent parties. Nothing in these Terms creates a partnership, employment or agency relationship. There are no third-party beneficiaries.
• Language. These Terms are written in English. If we provide a translation, for example in Turkish, the English version prevails if they differ, unless the law requires otherwise.
• Electronic records. You agree that we can conclude this agreement and communicate with you electronically, and that our electronic records of your acceptance and transactions are valid evidence, subject to your right to prove otherwise.

24. Contact us

Questions about these Terms? Email [email protected], or write to TODO: legal entity name, TODO: registered address. For payment, receipt or refund questions you can also contact Paddle at paddle.net.