Terms of Use

1. Agreement to these Terms

These Terms of Use (the "Terms") are a legal agreement between you and Playful Software, Inc. ("Playful", "we", "us", or "our"). They govern your use of the playful.app website, the Playful platform, the apps we host, and any related tools, APIs, content, and support we provide (together, the "Service").

By creating a Playful account, purchasing a plan or credits, or using Playful's creator-facing features after being given a link to these Terms, you agree to them. If you don't agree, please don't create an account or use those features. Our Privacy Policy explains how we collect and use information; it is a privacy notice and is not part of these Terms. The Platform Rules in Section 8 and our Data Processing Addendum (when it applies) are part of these Terms.

If you only visit or use an App built by a Creator and don't have a Playful account, you do not become a party to these Terms solely by visiting that App. The Creator's own terms may apply to you. Our Privacy Policy still explains Playful's handling of technical information and App Data, and we may remove content or restrict access to protect the Service, comply with law, or enforce the Creator's obligations to us.

If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.

2. Definitions

A few capitalized words have specific meanings in these Terms:

• "App" means an application created using the Service, including its code, design, configuration, and content.
• "App Data" means data that an App stores or processes, including information that End Users submit to an App.
• "Creator" means a user who creates, edits, or publishes an App.
• "End User" means anyone who uses an App, whether or not they have a Playful account.
• "Family App" means a personal, noncommercial App that a Creator builds for use by the Creator's own child under 13, as permitted by Section 3.4.
• "Input" means anything you submit to the Service, such as prompts, instructions, text, images, files, code, and data.
• "Output" means the code, text, images, designs, and other material the Service generates in response to your Input.
• "Platform Content" means your Input, Output, Apps, and the code, design, configuration, and content you create through Playful's creator-facing features, but excludes App Data.
• "Your Content" means your Platform Content and your App Data.
• "Work Use" means using an App in your own trade, profession, or business, including with your own clients and customers, as permitted by Section 6.4.
• "AI Providers" means the third-party companies whose AI models power the Service, such as Anthropic and OpenAI, and any other providers we use from time to time.

3. Who can use Playful

3.1 Age requirements

You must be at least 18 years old and legally able to enter into a binding contract to create a Playful account, purchase a plan or credits, or use Playful's creator-facing features. We will close an account if we learn that its holder is under 18.

3.2 Playful is a general-audience service

Playful is a general-purpose tool for building software and is not designed for children. We do not verify the age of every person who visits a Creator's App, and we cannot guarantee that a minor will not misrepresent their age. Except for a Family App that meets the conditions in Section 3.4, Creators may not build Apps directed to children under 13 or knowingly collect their personal information. An App that gives End Users access to AI features supplied through Playful may not be directed to people under 18 or knowingly allow a person under 18 to use those AI features unless Playful has approved the use in writing after appropriate age, consent, safety, moderation, monitoring, and privacy safeguards have been implemented. We may disable an App or AI feature if we learn that it is serving minors contrary to this Section.

3.3 Other requirements

To use the Service you must also: (a) be legally able to enter into a binding contract; (b) not have been previously suspended or removed from the Service; (c) not be located in, or be a resident or national of, a country or region subject to comprehensive U.S. sanctions, and not be listed on any U.S. or other applicable restricted-party list (see Section 20); and (d) comply with all laws that apply to you.

3.4 Apps for your own children

You may build a Family App for your own child under 13 if you are that child's parent or legal guardian, and only where the law where you and the child live allows you to consent on the child's behalf. A Family App is an exception to Section 3.2, and to the Restricted Data rule in Section 7.3 for that child's information only, on these conditions:

• Your consent. By letting a child under 13 use your App, you represent that you are the child's parent or legal guardian, and you consent on the child's behalf to the App collecting and using the child's information as you have configured it. As between you and Playful, you are responsible for complying with children's privacy laws, including COPPA, for your Family App. Playful hosts the App and processes its App Data on your behalf under our Data Processing Addendum.
• Household use only. A Family App may be used only by your own children and by other people you invite. It may not be published publicly, listed in any gallery, or made available to children in general. If you want another child to use it, you must first get permission from that child's parent or legal guardian and keep a record of it.
• No accounts for children. A child under 13 may not create a Playful account or their own End User sign-in. Any sign-in a Family App requires must belong to you or another adult you invite, and you are responsible for the child's use of the App.
• Collect the minimum. Configure the App to collect only what its purpose needs. Every other category of Restricted Data in Section 7.3 still applies, and you may not use a Family App to profile, advertise to, or publicly disclose information about a child.
• No AI features. Section 3.2 still applies: a Family App may not give a child access to Playful-provided AI features unless Playful has approved the use in writing.
• You stay in control. You can review and delete the child's App Data at any time through the App or by deleting the App, and you can ask us for help at contact@playful.app. We honor deletion requests from a verified parent or legal guardian.

We treat a child's information in a Family App as App Data: we use it only to host, operate, secure, and support the App, and never for advertising, profiling, or training AI models. If we learn that a Family App is being used outside these conditions, we may disable it and delete affected information.

4. Your account

4.1 Accurate information

When you create an account, give us accurate, complete information and keep it up to date. We send legal and account notices to the email address on your account, so please make sure it works.

4.2 Keeping your account secure

You are responsible for everything that happens under your account. Keep your password and any API keys confidential, don't share your account with anyone, and tell us right away at contact@playful.app if you suspect unauthorized access. We aren't responsible for losses caused by someone using your account without permission if you failed to protect your credentials.

4.3 Usernames and identifiers

You may not choose a username, workspace name, App name, or web address that impersonates someone else, infringes anyone's rights, or is offensive. We may reclaim or change identifiers that violate these Terms, that could cause confusion, or that we need for technical or operational reasons. We'll give you reasonable notice where we can, but you don't have any ownership right in an identifier and we don't owe you compensation for changing one.

5. AI features

5.1 How AI works on Playful

The Service uses AI models from AI Providers to generate, edit, and run Apps. When you use an AI feature, your Input and the relevant parts of your Platform Content (for example, the current code and files of the App you're working on) are sent to one or more AI Providers, which return Output. If a Creator builds AI features into an App, End Users' inputs to those features are App Data and are sent to AI Providers on the Creator's behalf. We decide which AI Providers to use and may add, remove, or switch providers at any time, subject to the Data Processing Addendum when a provider will process App Data.

5.2 AI Providers' rules also apply

Your use of AI features is subject to the usage policies of the AI Providers whose models handle your request, including the Anthropic Usage Policy and the OpenAI Usage Policies, as they may be updated. You agree not to use the Service in any way that would violate those policies. AI Providers may refuse, filter, or flag requests, and we may pass their restrictions on to you.

5.3 Output is not guaranteed

AI is probabilistic and imperfect. Output may be inaccurate, incomplete, outdated, biased, or unsuitable for your purpose. Code in Output may contain bugs, security vulnerabilities, or licensing issues. Output may be similar or identical to Output generated for other users, and may resemble material owned by third parties. You are responsible for reviewing, testing, and validating Output before you use it, rely on it, or make it available to others.

Output is not professional advice. Don't rely on it as a substitute for advice from a qualified doctor, lawyer, accountant, engineer, or other professional. Don't use the Service or Output for decisions or systems where errors could cause injury, death, significant financial loss, or the loss of legal rights (including medical, legal, financial, and safety-critical uses) without qualified human review and appropriate safeguards. Don't present Output as human-created in situations where doing so could mislead or harm someone.

5.4 Safety systems

We rely on the safety measures built into our AI Providers' services to help prevent misuse of AI features. We do not independently review Input or Output before it is delivered, and we don't guarantee that AI features will refuse harmful requests or that Output will be free of objectionable content. If you encounter harmful Output or misuse of the Service, please report it as described in Section 9.

5.5 Product improvement and AI training

We may analyze Platform Content, including prompts, Output, project files, feature interactions, and related feedback, to operate, debug, evaluate, secure, and improve Playful. This may involve automated analysis and limited access by authorized personnel. We do not use Platform Content or App Data to train or fine-tune generative AI models. We do not use App Data to improve Playful. AI Providers process content under their own published terms rather than agreements negotiated with Playful. None of the AI Providers or model hosts we use retain inputs or outputs for training or use them to train their models; our Privacy Policy describes what we send them, where they are, and how they handle it.

5.6 Credits

AI features consume credits based on the computing work involved, regardless of whether you're satisfied with the Output. See Section 10.

6. Your Content and your Apps

6.1 Your rights in Your Content

As between you and Playful, you retain all rights you lawfully hold in your Input, your Apps, and your App Data. End Users and other third parties retain any rights they hold in material they submit to an App; these Terms do not transfer those rights to you. To the extent permitted by law and subject to third-party rights, Playful assigns to you any right, title, and interest Playful obtains in Output generated for you. We don't otherwise claim ownership of Your Content.

AI-generated material may not qualify for copyright or other legal protection. Output may be similar or identical to material generated for other users and may contain or resemble third-party material. We therefore can't promise that Output is unique, protectable, non-infringing, or exclusively yours.

6.2 Playful and third-party components

Apps may include software, templates, components, or services provided by Playful or by third parties, including open-source software. Those materials remain the property of their owners. We grant you a non-exclusive license to use Playful-provided components as part of your Apps for as long as these Terms allow you to use the Service, and third-party components are subject to their own license terms.

6.3 The license you give us

To run the Service we need your permission to handle Platform Content. You grant Playful a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit (including to AI Providers and our other service providers), display, technically adapt, and otherwise use Platform Content to provide, secure, maintain, support, evaluate, and improve the Service, to comply with law, and to enforce these Terms. This includes analyzing prompts, Output, project files, feature interactions, and feedback as described in Section 5.5. If you publish or share an App, this license also covers making the App and its content available to End Users and the people with whom you share it.

App Data is different. You instruct Playful to process App Data only to host, operate, maintain, secure, and support your App, provide features you request (including sending End User inputs to AI Providers when your App uses an AI feature), comply with law, and follow your other documented instructions consistent with these Terms. We do not use App Data to improve Playful or train or fine-tune generative AI models. When App Data includes personal information, our Data Processing Addendum governs that processing.

The license for Platform Content ends when you delete the relevant Platform Content or your account, except that (a) copies may remain for a limited time in backups or as required by law, (b) content you shared with others may remain with them, and (c) we may keep and use de-identified or aggregated information that does not identify you or your End Users, as described in our Privacy Policy. App Data is deleted or returned as described in the Data Processing Addendum and Privacy Policy.

6.4 Sharing, publishing, and remixing

The Service may let you share an App by link, publish it publicly, or allow other users to copy or remix it. If you use those features, you grant the people you share with the rights described in the feature (for example, the right to view and use a published App, or to copy and modify a remixable one). Anything you make public can be seen by anyone. You can unpublish an App or stop sharing it at any time, but copies that others have already made may persist.

Publishing or sharing an App does not by itself make every use permissible. You may use an App for personal purposes and for Work Use. An App may support a service you charge for, such as coaching or consulting for your own clients, but the App itself may not be what you sell. You may share an App with others for their personal use. Unless Playful gives you separate written permission, you may not: (a) sell, rent, or license an App, or charge a fee or subscription for access to it; (b) monetize an App through advertising, sponsorships, or similar arrangements; (c) offer App creation, hosting, or maintenance to other people or organizations as a service, or otherwise resell the Service (see Section 8.2); or (d) use an App on behalf of an employer or an organization you do not own or operate.

Work Use does not change Section 7 or Section 8. Playful is not a HIPAA service, so an App used for Work Use may not create, receive, maintain, or transmit protected health information regulated by HIPAA, and you may not use an App in your work for or on behalf of a HIPAA covered entity or business associate. Restricted Data stays prohibited, and regulated services still require the licenses the law requires. If you use an App in your work, you are responsible for the professional, confidentiality, and licensing obligations that apply to you and to your clients' information. Information you put in a creator prompt or project file is Platform Content and may be sent to AI Providers as described in Section 5.5; store client information inside the running App if you want it handled as App Data.

6.5 You are responsible for Your Content and your Apps

You represent that (a) you have all rights, licenses, and consents needed for Your Content and for the way you use it on the Service; (b) Your Content, your Apps, and your use of them comply with these Terms, the Platform Rules, and all applicable laws; and (c) Your Content does not infringe or misappropriate anyone's intellectual property, privacy, publicity, or other rights. We don't pre-screen Content or Apps, and we aren't responsible for them.

6.6 Your End Users and their data

If you share or publish an App, you are responsible for it and for how it treats End Users. In particular:

• You control the App's data. You decide what your App collects from End Users and why. Where privacy laws use these terms, you are the "controller" or "business" for App Data and Playful is your "processor" or "service provider," handling personal information in App Data under our Data Processing Addendum. Legal roles depend on the facts and applicable law, not merely the labels in these Terms.
• Give End Users the notices they're entitled to. If your App collects personal information, you must provide End Users with a privacy notice and any terms required by law, obtain any consents that are needed, and honor End Users' privacy rights (such as access and deletion requests).
• Comply with the law. You are responsible for your App's compliance with privacy, consumer protection, accessibility, and other laws that apply to it and to you, including, where they apply, the GDPR, UK GDPR, CCPA/CPRA and other U.S. state privacy laws, PIPEDA, CAN-SPAM and the TCPA, COPPA, the FTC Health Breach Notification Rule, and state consumer-health privacy laws such as Washington's My Health My Data Act.
• No Apps for young children, except Family Apps. You may not build Apps that are directed at children under 13 or that knowingly collect personal information from children under 13, other than a Family App that meets Section 3.4. Apps that expose Playful-provided AI features may not target or knowingly serve people under 18 unless Playful has approved the use in writing under Section 3.2.
• No Restricted Data. Your App may not collect or store Restricted Data as described in Section 7.
• Give your users enforceable rules. You must provide any End User terms reasonably necessary for your App and require End Users to follow rules consistent with our Platform Rules. You are responsible for supporting your End Users and for addressing their conduct in your App. If an End User contacts us about your App, we may forward their request to you, and we may also act directly where we believe an App violates these Terms or the law.

6.7 How Playful may access App Data

We access App Data only as needed to host, operate, maintain, secure, and support your App; provide features and respond to requests you initiate; investigate abuse, fraud, or security incidents; comply with law; and follow your documented instructions consistent with these Terms and the Data Processing Addendum. We do not use App Data to improve Playful. Our Privacy Policy and Data Processing Addendum have more detail.

6.8 Backups, limits, and portability

You are responsible for keeping your own copies of Your Content. The Service may offer export tools, but we don't guarantee that Your Content won't be lost, corrupted, or made unavailable. Your plan may include limits on storage, compute, bandwidth, or other resources, and we may suspend or remove Apps or Content that exceed those limits or that belong to accounts that have been inactive for an extended period. We'll try to give you reasonable notice before we do.

6.9 Hosting, web addresses, and attribution

Apps are hosted on domains and infrastructure that we control. We own those domains and any subdomains or addresses assigned to your Apps, and we may reassign, redirect, or reclaim them for operational, legal, or security reasons, or if they violate these Terms. We'll give notice where reasonably possible. Depending on your plan, we may display attribution (for example, "Built with Playful") on your Apps.

7. Sensitive Data and HIPAA

7.1 Personal health information is allowed

You may create personal Apps, and Apps for Work Use, that store or process medical, mental-health, wellness, medication, symptom, disability, or genetic information about you or an End User ("Consumer Health Data"), provided your use complies with these Terms, including Section 7.2, and applicable law. An App used for Work Use may not store or process protected health information regulated by HIPAA. Health information is not protected health information under HIPAA merely because it concerns health. Consumer Health Data stored or processed by a running App is App Data: we process it on the Creator's behalf under the Data Processing Addendum and do not use it to improve Playful or train or fine-tune generative AI models.

If you put health information in a creator prompt, project file, feedback message, or other creator-facing feature, it is Platform Content rather than App Data and may be analyzed to operate, secure, evaluate, and improve Playful as described in Section 5.5. Store personal health information inside the running App if you want it handled as App Data.

7.2 Playful is not a HIPAA service

The Service is not offered as a HIPAA-compliant or HIPAA-eligible service. Playful does not enter into business associate agreements. You may not use the Service, including for Work Use, for or on behalf of a health care provider, health plan, health care clearinghouse, employer health plan, business associate, or other person when doing so would require Playful to create, receive, maintain, or transmit protected health information under HIPAA. Whether information is protected health information and whether an entity is a "covered entity" or "business associate" depend on applicable law, the parties' relationships, and the actual facts—not the label placed on an App or the fact that it is free.

The Service is also not certified under PCI DSS, FedRAMP, or similar frameworks and is not intended for data that requires those frameworks.

7.3 What you must keep out of Playful

You may not submit to the Service, or build Apps that collect or store, any of the following, whether it belongs to you or to your End Users ("Restricted Data"):

• Protected health information that Playful would create, receive, maintain, or transmit for or on behalf of a HIPAA covered entity or business associate;
• Payment card numbers, bank or financial account numbers, or other financial account credentials;
• Government-issued identification numbers such as Social Security, passport, or driver's license numbers;
• Biometric identifiers, such as fingerprints or facial recognition data;
• Precise geolocation used to track individuals;
• Passwords or credentials for other services, except through integrations we support;
• Personal information of children under 13, except information that a Family App collects about the Creator's own child as permitted by Section 3.4; and
• Any information whose storage or processing through the Service is prohibited by law or requires a compliance framework that Playful does not offer.

Other sensitive information—including Consumer Health Data and information about race or ethnicity, religion, sexual orientation, immigration status, or criminal history—is not Restricted Data solely because it is sensitive. You may store it as App Data for a lawful personal purpose or Work Use, but you must minimize what you collect and comply with all notice, consent, security, deletion, and other requirements that apply.

7.4 Your responsibilities for sensitive data

We do not pre-screen App Data or determine whether an App is subject to HIPAA or another health-privacy law. If your App collects Consumer Health Data or other sensitive information from an End User, you are responsible for clearly explaining what it collects and why, obtaining any consent the law requires, limiting collection and sharing, responding to access and deletion requests, and complying with applicable breach-notification and consumer-health privacy laws. An App must not present itself as HIPAA-compliant, as an official record system of a healthcare provider or health plan, as a substitute for a health professional, or as a service for emergencies.

If you submit Restricted Data or use the Service in a prohibited regulated context, you do so in violation of these Terms. You agree to indemnify us under Section 17 for resulting claims. We may restrict access, securely return or delete affected data where appropriate, disable the App, or suspend your account when we become aware of the violation.

8. Platform Rules

These Platform Rules apply to you, to Your Content, to your Apps, and to anything End Users do in your Apps. We decide, acting reasonably, whether something violates them. If you're unsure whether a use is allowed, ask us first.

8.1 Don't use Playful to harm people

You may not use the Service, or build or distribute an App, to do any of the following:

• Break the law. Engage in, promote, or facilitate any illegal activity.
• Harm children. Create, request, or distribute sexual content involving minors (including fictional, drawn, or AI-generated content), sexualize minors in any context, or facilitate grooming, exploitation, or abuse of a minor. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children and to law enforcement.
• Sexual content. Create or distribute pornography or sexually explicit content, non-consensual intimate imagery (real or synthetic), or content that promotes or solicits sexual services.
• Violence and extremism. Threaten, incite, or glorify violence; promote terrorist or violent extremist organizations; or provide instructions for weapons, including chemical, biological, radiological, nuclear, or explosive weapons.
• Harassment and hate. Harass, bully, intimidate, or threaten anyone; publish someone's private information without consent (doxxing); or attack or demean people based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, age, disability, health status, or other protected characteristics.
• Self-harm. Promote, encourage, or provide instructions for suicide, self-harm, or disordered eating.
• Deception and fraud. Run scams, phishing, fake login pages, fake giveaways, or fraudulent investment offers; impersonate a person or organization; create deceptive deepfakes or manipulated media of real people; generate fake reviews or testimonials; spread misinformation that could endanger public health or safety or interfere with elections; or present AI-generated content as human-created in a way that deceives people.
• Privacy violations. Collect, scrape, aggregate, or profile personal information without a lawful basis and any required consent; covertly track, monitor, or surveil individuals; use facial recognition or other biometric identification without consent; or sell personal information collected through an App.
• Security abuse. Create or distribute malware, exploits, or tools for credential theft, denial-of-service attacks, or unauthorized access to systems, accounts, or data.
• Infringement. Infringe anyone's copyright, trademark, patent, trade secret, or other rights, including by cloning existing websites, apps, or brands or by using someone else's trademarks in a way that could confuse people.
• Regulated and high-risk uses. Offer gambling, weapons, controlled substances, or financial, legal, insurance, or medical services without the licenses the law requires; make automated decisions that have legal or similarly significant effects on people (for example, decisions about credit, employment, housing, insurance, education, or healthcare) without meaningful human review and legal compliance; operate safety-critical systems such as medical devices, vehicles, weapons, or critical infrastructure; or engage in biometric surveillance, predictive policing, or manipulation of elections or democratic processes.
• Spam. Send spam or unsolicited bulk messages, emails, or texts through an App; create engagement bait, click farms, or search-engine spam; or use the Service to distribute unsolicited advertising.

8.2 Don't misuse the platform

You also may not:

• Circumvent or attempt to circumvent usage limits, credit metering, rate limits, security measures, or access controls, including by creating multiple accounts;
• Share your account, sell or transfer your account, or resell, sublicense, rent, or provide the Service to others as a service bureau or time-sharing arrangement;
• Reverse engineer, decompile, or otherwise attempt to extract the source code, models, system prompts, or internal logic of the Service, except where the law expressly allows it;
• Access the Service using bots, scrapers, or other automated means except through interfaces we document and permit;
• Use the Service, Output, or Input to develop or train AI models or a product that competes with the Service;
• Consume an unreasonable amount of resources, mine cryptocurrency, or use Apps as general-purpose hosting, file storage, proxies, or content delivery for material unrelated to the App;
• Interfere with the Service, other users' Apps, or other users' data, or try to access any of them without authorization;
• Attempt to bypass, "jailbreak," or manipulate the safety systems of the Service or of our AI Providers, or violate AI Providers' usage policies (see Section 5); or
• Remove, hide, or alter any attribution, notices, or labels that the Service applies.

8.3 Context matters

Educational, documentary, journalistic, and clearly labeled fictional or artistic content is generally allowed, as long as it doesn't promote harm, isn't sexually explicit, and complies with AI Providers' policies. We make the final call on how the Platform Rules apply.

9. Enforcement, reporting, and appeals

9.1 Monitoring

We have no obligation to monitor the Service, Your Content, or Apps, but we may do so. We may use automated tools, including safety systems provided by our AI Providers, to detect violations.

9.2 What we may do

If we believe that you, Your Content, or your Apps violate these Terms, the Platform Rules, AI Providers' policies, or the law, or create risk or liability for us or others, we may, with or without notice: remove or refuse to display Content; disable, unpublish, or delete Apps; limit features; suspend or terminate your account; forfeit credits; and cooperate with law enforcement and other authorities. We may also take these actions to comply with legal obligations or requests. We are not liable for taking or not taking any of these actions.

9.3 Reporting abuse

To report Content or an App that you believe violates these Terms, email contact@playful.app with the subject line "Abuse report." Include the web address of the App or Content, a description of the problem, and a way to contact you. For copyright complaints, use the process in Section 13.

9.4 Appeals

If we remove your Content or App or suspend your account and you believe we made a mistake, you may appeal by emailing contact@playful.app within 14 days. Tell us what was removed and why you think the decision was wrong. We will review appeals in good faith, but our decision after review is final.

10. Plans, payments, and credits

10.1 Plans

We offer free and paid plans, as described on our pricing page. Each plan's features, limits, and included credits are described there and may change over time.

10.2 Subscriptions and cancellation

Paid plans are billed in advance on a recurring monthly or annual basis and renew automatically at the then-current price until you cancel. By subscribing, you authorize us and our payment processor to charge your payment method for each renewal. You can cancel at any time in your account settings or by emailing contact@playful.app. Cancellation takes effect at the end of your current billing period; you keep your plan's features until then, and we don't provide refunds or credits for partial periods except where the law requires.

10.3 Credits

AI features and certain other features consume credits. Credits may be included with your plan or purchased separately. Unless the pricing page says otherwise, plan-included credits refresh each billing period and unused credits do not carry over. Purchased credits expire as stated at the time of purchase and, in any case, when your account closes. Credits are consumed based on the computing work an action requires, regardless of the outcome: they are not restored if Output is wrong, incomplete, or needs to be regenerated. Credits have no cash value, can't be transferred or redeemed for cash, and are non-refundable except where the law requires. Our usage metering and billing records are authoritative unless there is a clear error.

10.4 Payment processing

Payments are handled by third-party payment processors under their own terms. We don't store your full payment card number. If a payment fails, we may retry it, suspend or downgrade your plan, and disable published Apps until your account is current, and you remain responsible for the amounts owed. Initiating a chargeback without first contacting us may result in suspension of your account.

10.5 Price changes

We may change our prices and plan features. We'll give you at least 30 days' notice by email or in the Service before a price change affects a renewing subscription. If you don't agree with the change, cancel before it takes effect; continuing to use a paid plan after the change means you accept the new price.

10.6 Taxes

Our prices don't include taxes unless we say otherwise. You are responsible for any sales, use, value-added, goods and services, or similar taxes that apply to your purchase, other than taxes on our income.

10.7 Free plans and trials

We may change, limit, or discontinue free plans and trials at any time. If a trial converts to a paid plan, we'll tell you before we charge you, and you can cancel before the trial ends to avoid charges.

10.8 No purchases by minors

You must be at least 18 to create an account or purchase a plan or credits.

11. Playful's intellectual property

11.1 What we own

The Service, including its software, design, interfaces, documentation, templates, components, trademarks, and all related intellectual property, belongs to Playful and its licensors. Except for the rights expressly granted in these Terms, we reserve all rights in the Service. We may use technical usage data and statistics generated by operation of the Service for lawful purposes, including improvement and marketing, provided they do not include App Data and do not identify you or any End User.

11.2 Your license to use the Service

Subject to these Terms and the limits of your plan, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service to create, run, publish, share, and manage Apps for personal purposes and for Work Use as described in Section 6.4. Public sharing is permitted. Use on behalf of an employer or an organization you do not own or operate, offering App creation or hosting to others as a service, and other commercial uses not described in Section 6.4 are not permitted unless Playful gives you separate written permission. This license does not let you copy, modify, distribute, sell, lease, or provide the Playful platform itself to others except as these Terms expressly allow.

11.3 Trademarks

"Playful" and our logos are our trademarks. You may not use them without our written permission, except for attribution the Service displays automatically.

11.4 Feedback

If you send us ideas, suggestions, or other feedback about the Service, you agree that we may use it for any purpose without restriction or compensation to you, and you won't have any claim to it.

12. Third-party services and integrations

The Service may let you connect to or use third-party services, such as sign-in providers, databases, payment providers, email services, or external APIs, and Apps may rely on them. Your use of a third-party service is governed by that third party's terms and privacy policy, not these Terms. When you connect a third-party service, you authorize us to exchange information with it as needed to provide the integration. We aren't responsible for third-party services, and we may change or discontinue integrations at any time. AI Providers are third parties too, and Section 5 describes how we work with them.

13. Copyright and image-removal requests

We respect intellectual property rights and respond to notices that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). We terminate the accounts of repeat infringers in appropriate circumstances.

13.1 Sending a notice

If you believe that Content on the Service infringes your copyright, send a notice to our designated agent:

Copyright Agent, Playful Software, Inc. Attn: Mike Harrington 1904 3rd Ave, Suite 910 Seattle, WA 98101, United States Email: contact@playful.app (subject line "DMCA Notice")

Telephone: +1 401-261-1928

Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim has been infringed; (c) identification of the material you claim is infringing and enough information (such as a web address) for us to locate it; (d) your contact information, including address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

13.2 Counter-notices

If your Content was removed because of a notice and you believe the removal was a mistake or misidentification, you may send a counter-notice to the same agent. It must include: (a) your physical or electronic signature; (b) identification of the material that was removed and where it appeared before removal; (c) a statement, under penalty of perjury, that you have a good-faith belief the material was removed by mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if you're outside the United States, the Western District of Washington) and that you will accept service of process from the person who sent the original notice or that person's agent. Unless the original claimant tells us that they have filed a court action seeking to restrain the allegedly infringing activity, we may restore the material between 10 and 14 business days after we receive a valid counter-notice.

Knowingly making a false claim in a notice or counter-notice may make you liable for damages under 17 U.S.C. § 512(f).

13.3 Nonconsensual intimate images

To request removal of an intimate image or video of you that was published without your consent, including a realistic image created or altered using AI, email contact@playful.app with the subject line "Intimate image removal request." Include: (a) your physical or electronic signature, or that of a person authorized to act for you; (b) identification of the image and information reasonably sufficient for us to locate it, such as the App's web address; (c) a brief statement explaining your good-faith belief that the image was published without consent; and (d) contact information we can use to reach you. We will remove a depiction covered by the TAKE IT DOWN Act, and make reasonable efforts to remove known identical copies, within 48 hours after receiving a valid request. This process is available whether or not you have a Playful account.

14. Term, suspension, and termination

14.1 Term

These Terms start when you create an account, purchase a plan or credits, or first use Playful's creator-facing features after being given a link to them, and continue until terminated.

14.2 Ending your account

You can stop using the Service and delete your account at any time through your account settings or by emailing contact@playful.app. Deleting your account cancels any subscription at the end of the current billing period, takes your published Apps offline, and deletes Your Content as described in our Privacy Policy. Please export anything you want to keep first.

14.3 Suspension or termination by Playful

We may suspend or terminate your access to all or part of the Service, with notice where reasonably possible, if we believe that you have breached these Terms or the Platform Rules; if your use creates legal, security, or reputational risk for us, our users, or others; if you don't pay amounts owed; if your account has been inactive for an extended period; or if the law requires it. We may also modify or discontinue the Service or any feature. If we discontinue the Service entirely, we will give you reasonable advance notice and refund any prepaid fees for the period after discontinuation.

14.4 Effect of termination

When these Terms end: your right to use the Service ends; your Apps will go offline; the license in Section 6.3 ends (subject to the exceptions there); unused credits are forfeited unless the law requires otherwise; and you remain responsible for any fees incurred before termination. We may keep or delete Your Content as described in our Privacy Policy. Sections that by their nature should survive (including Sections 6.3, 6.5, 6.6, 7, 11, and 15 through 20) will survive termination.

15. Disclaimers

16. Limitation of liability

17. Indemnification

You agree to defend, indemnify, and hold harmless Playful and its officers, directors, employees, agents, licensors, and providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content or your Apps, including any claim that they infringe or violate someone's rights; (b) your End Users, App Data, or your failure to comply with Section 6.6; (c) Restricted Data you submit or collect in violation of Section 7; (d) your breach of these Terms, the Platform Rules, or AI Providers' policies; (e) your violation of any law or the rights of any third party; or (f) your use or misuse of the Service. We may take over the defense of any matter you must indemnify, in which case you agree to cooperate with us. This Section doesn't apply to the extent the law prohibits it (for example, consumers in some jurisdictions).

18. Governing law and dispute resolution

18.1 Governing law

These Terms and any dispute between you and Playful are governed by the laws of the State of Washington, without regard to its conflict-of-law rules, and by the Federal Arbitration Act with respect to arbitration. If you are a consumer in a jurisdiction whose mandatory consumer-protection laws give you additional rights, nothing in these Terms takes those rights away.

18.2 Talk to us first

Before starting an arbitration or lawsuit, you agree to first send us a written description of the dispute and what you want us to do about it at contact@playful.app (subject line "Dispute notice"), and we will do the same by emailing your account address. You and we agree to try in good faith to resolve the dispute informally for at least 30 days after the notice is received before either of us starts a formal proceeding.

18.3 Binding arbitration

If we can't resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (if you are an individual using the Service for personal purposes) or its Commercial Arbitration Rules (otherwise), as modified by these Terms. The AAA rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator, may take place by video, telephone, or written submissions, and any in-person hearing will be held in King County, Washington, unless you and we agree otherwise or the AAA rules require a different location. The arbitrator has exclusive authority to decide all issues, including whether a claim is arbitrable, and may award the same relief that a court could award to an individual. Payment of filing, administrative, and arbitrator fees is governed by the AAA rules. Judgment on the award may be entered in any court with jurisdiction.

18.4 No class actions or jury trials

You and Playful agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any form of representative or class proceeding. You and Playful each waive the right to a jury trial in any proceeding that takes place in court.

18.5 Exceptions

Either of us may (a) bring an individual claim in small claims court if it qualifies, (b) seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized use of the Service, and (c) seek to enforce an arbitration award in court.

18.6 Your right to opt out

You may opt out of this arbitration agreement by emailing contact@playful.app with the subject line "Arbitration opt-out" within 30 days after you first accept these Terms. Include your name and the email address on your account. If you opt out, Sections 18.3 and 18.4 (other than the jury-trial waiver) won't apply to you, but the rest of this Section 18 will.

18.7 If arbitration doesn't apply

If the arbitration agreement is found unenforceable as to a particular claim, or if you have opted out, that claim will be brought exclusively in the state or federal courts located in King County, Washington, and you and we consent to the personal jurisdiction of those courts. If the class-action waiver in Section 18.4 is found unenforceable for a particular claim, that claim (and only that claim) will proceed in court rather than in arbitration.

18.8 Time limit for claims

To the extent the law allows, any claim arising out of or relating to these Terms or the Service must be filed within one year after it arises, or it is permanently barred.

19. Changes to the Service and these Terms

We are always improving the Service, and we may add, change, or remove features at any time. We may also update these Terms. Whenever we change these Terms, we will notify you by email or in the Service and post the updated Terms with a new effective date. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you don't agree, stop using the Service and, if you have a paid plan, cancel it before the change takes effect.

20. General terms

20.1 Entire agreement

These Terms (including the Platform Rules and, when applicable, the Data Processing Addendum) and any additional contractual terms we present for specific features or plans are the entire agreement between you and Playful about the Service and replace any earlier agreements. Our Privacy Policy is a notice describing our data practices and is not part of this contractual entire agreement. If additional contractual terms conflict with these Terms, the additional terms control for the specific feature or plan they cover. The Data Processing Addendum controls over these Terms for its subject matter.

20.2 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

20.3 Severability and waiver

If any part of these Terms is found unenforceable, that part will be enforced to the maximum extent permitted and the rest of the Terms will remain in effect. Our failure to enforce a provision isn't a waiver of our right to do so later.

20.4 Events beyond our control

We aren't responsible for delays or failures caused by events outside our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or utility failures, or failures of AI Providers or other third-party services.

20.5 Export controls and sanctions

You must comply with all applicable export control and sanctions laws, including those of the United States. You represent that you are not located in a country or region subject to comprehensive U.S. sanctions, that you are not on any U.S. government restricted-party list, and that you won't use the Service for any purpose prohibited by those laws.

20.6 U.S. government users

The Service is "commercial computer software" and "commercial computer software documentation" as those terms are used in the Federal Acquisition Regulation and its agency supplements. Government users acquire only the rights described in these Terms.

20.7 Electronic communications

You agree that we may communicate with you electronically, including by email and through the Service, and that electronic communications, notices, and agreements satisfy any legal requirement that they be in writing. Notices to you are effective when we send them to the email address on your account or post them in the Service. Notices to us should be sent to the addresses in Section 22.

20.8 California residents

If you are a California resident and have a complaint about the Service that we haven't resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20.9 Interpretation

Headings are for convenience only. "Including" means "including without limitation." No one other than you and Playful has any rights under these Terms, and these Terms don't create a partnership, joint venture, or agency relationship between us. These Terms are written in English; any translation is for convenience only, and the English version controls.

21. SMS and text messaging

If you provide your mobile number or contact us via text message, we will use your mobile information only to respond to support requests and manage your account. We do not share mobile information with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. Message frequency may vary. Message and data rates may apply. Reply HELP for help or STOP to opt out.

22. Contact us

Questions about these Terms? We're happy to help.

Playful Software, Inc. 1904 3rd Ave, Suite 910 Seattle, WA 98101, United States Email: contact@playful.app