Last updated: May 23, 2017
1. Who can use the Services
You must be 13 years or older to use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
- you can form a binding contract with PlayCanvas; and
- you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set out in these Terms and to agree to these Terms on behalf of the business or entity.
2. Rights we grant you
PlayCanvas grants you a personal, worldwide, non-assignable, non-exclusive, non-sublicenseable, and revocable license to access and use the Services in accordance with these Terms. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.
We reserve all rights not expressly granted to you.
3. Rights you grant us
Many of our Services let you create, upload, post, send, receive, and store content publicly or, if you have selected the Personal or Organization Plan, publicly and privately. When your content is available publicly, you retain whatever ownership rights in that content you had to begin with but you grant us a license to use that content (and for our users and other third parties we work with to use that content) in connection with the Services. As such, you grant PlayCanvas a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, promote, transmit, synchronize, display, syndicate, create derivative works from, publicly perform and publish, and otherwise exploit any intellectual property in materials and content that you publish or is otherwise made available publicly by you in connection with our Services (referred to as the “IP License”). To the extent permissible under law, you irrevocably waive - or agree not to assert against PlayCanvas and its affiliates to the extent a waiver is not permitted - any moral rights or equivalent rights you may have in such content throughout the world.
4. Your Account
You are responsible for any activity that occurs in your PlayCanvas account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
- You will provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account plan).
- You (or the legal entity you represent) will not maintain more than one free account.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not allow your login to be used by more than one person – a single login shared by multiple people is expressly prohibited. Separate logins for each person as your plan allows is permitted.
- You will not register any accounts by non-humans, “bots” or other automated methods as such methods are expressly prohibited.
- You will not use your account for any illegal or unauthorized purpose.
We claim no ownership of intellectual property rights in the material and content you provide to or through the Services or any other third party. Much of the content on our Services is produced by users and other third parties. Whether that content is posted publicly or privately, the content is the sole responsibility of the person or organization that submitted it.
Your profile and the materials and content uploaded by you remain yours. However, by setting your pages, depots, or projects to be viewed publicly or otherwise making your content and materials available publicly on the Services, you agree to allow others to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, promote, transmit, synchronize, display, syndicate, create derivative works from, publicly perform and publish, and otherwise exploit your content and to associate such materials and content with you and your account.
PlayCanvas does not pre-screen content, but may do so at its sole discretion. PlayCanvas may, but has no obligation to, remove or suspend content and accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. If necessary, we may also remove content to comply with our legal obligations.
7. Plan Revenue Restrictions
Plan Revenue Restrictions:
All plan pricing and related features can be found here: https://playcanvas.com/plans
If you are signing up for the Personal Plan as a legal entity (and not an individual) you represent and warrant that:
- if you are accepting the terms on behalf of a legal entity which is a commercial entity, both (a) its annual gross revenues do not exceed US$100,000, and (b) raised funds (including but not limited to crowdfunding) do not exceed US$100,000, in each case during the most recently completed fiscal year and in any equivalent currency;
- if you are accepting the terms on behalf of a legal entity which is a non-commercial entity, its total annual budget does not exceed US$100,000 (for the entire non-commercial entity (not just a department)) during the most recently completed fiscal year and in any equivalent currency; and
- if you are an individual (not acting on behalf of a legal entity) or if you are accepting the terms as a sole proprietor, the annual gross revenues from your use of the Services do not exceed of US$100,000 during the most recently completed fiscal year and in any equivalent currency.
8. Payments, Taxes, Plan Upgrades, Downgrades and Cancellation
For all paid plans, you agree to pay the applicable subscription fees. All paid plans require a valid credit card number to be entered for your account to pay the monthly subscription fee.
Free accounts do not require a credit card.
All accounts will automatically renew each month under your then-current plan unless you cancel, upgrade, or downgrade your account before such renewal. All paid plans are billed in advance on a monthly basis.
Plan options and prices of all Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the PlayCanvas website (playcanvas.com) or the Services.
Technical support for the Services is only provided to paying account holders and is only available via email. Support is only available in English.
If the Services are subject to taxes, fees, or charges, PlayCanvas may charge you for those taxes, fees, and charges in addition to the cost of the Services (collectively, “Charges”), and you agree to pay Charges at the rates in effect when incurred. If your order is subject to taxes (including value-added or goods and services taxes) and you are required by applicable law to remit and report those taxes, you agree to remit and report such taxes to the appropriate taxing authority. If you are required to withhold or deduct any taxes, you will (a) pay to PlayCanvas any additional amount necessary so that PlayCanvas receives a net amount equal to the Charges set forth in the applicable invoice; and (b) send to PlayCanvas on a timely basis and as otherwise reasonably requested by PlayCanvas all official tax receipts or other documentation required by applicable law proving you complied with the requirement to withhold or deduct those taxes. If PlayCanvas requests, you will provide a valid VAT ID or other tax identification number for you (where required).
If you register or upgrade your free account to the Personal Plan or Organization Plan, you may change your mind for any reason within 14 days of such registration or upgrade date (“Cooling-off Period”) by completing the Cancellation Form prior to the end of such Cooling-off Period and you will receive a full refund of all monies paid related to such registration or upgrade. Any such refund will be made to your credit card on file in your account.
When upgrading your free account to a Personal Plan or Organization Plan, you will be immediately upgraded and billed for such plan on the date of such upgrade. Upgrades to an existing Personal Plan or Organization Plan are billed and accounted for (on a pro-rata basis) on the next monthly billing date for such account.
When downgrading an existing Personal Plan or Organization Plan to a different paid plan, you will be immediately downgraded and such downgrade will be billed and accounted for (on a pro-rata basis) on the next monthly billing date for such account. When downgrading from a Personal Plan or Organization Plan to a free account, you will be immediately downgraded and you will not be entitled to a refund. Downgrading your Service may cause the loss of content, features or capacity of your account. PlayCanvas does not accept any liability for such loss.
You can terminate these Terms and your use of the Services at any time and for any reason by canceling your account by emailing firstname.lastname@example.org. Such cancellation will take effect and access to your account will end immediately (the “Cancellation Effective Date”) and you will not be entitled to a refund. Upon the Cancellation Effective Date all of your content will be deleted from the Services and cannot be recovered by you or PlayCanvas.
9. Suspension or Termination of Your Account
We’re relentlessly improving our Services and creating new ones all the time. PlayCanvas may add or remove features, products, or functionalities to the Services. We may also suspend or terminate your account and refuse any and all current or future use of the Services at any time if you fail to comply with these Terms, the law, for any reason outside of our control, or at our sole discretion. We may take any of these actions at any time and, when we do, we will try to notify you beforehand – but this won't always be possible.
Termination of your account or your use of the Services whether by you or PlayCanvas will (i) result in the deletion of your account, (ii) end your access to the Services and you will not be entitled to a refund, and (iii) result in the forfeiture, relinquishment and deletion of all content in your account.
Sections 3, 5, 8, 9 and 14 to 22 of these Terms will survive the termination of these Terms.
10. Respecting Copyright
We respect copyright law. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if PlayCanvas becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact us immediately at email@example.com and include the following information:
- the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- your contact information, including your address, telephone number, and an email address;
- a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
11. Service Restrictions
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use the Services in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual-property right.
- You will not reverse engineer or attempt to extract the source code of the software used in our Services, unless laws prohibit these restriction or you have our written permission to do so.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
- You will not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or PlayCanvas.
- You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not solicit login credentials from another user.
- You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You will not abuse or exceed API calls and your bandwidth usage will not significantly exceed the average bandwidth usage (as determined solely by PlayCanvas) of other PlayCanvas customers.
- You will not abuse (whether verbally, physically, or in writing) or threaten to abuse (including actual or threated retribution) any PlayCanvas customer, employee, member, or officer.
- You will not encourage or promote any activity that violates these Terms.
12. Third-Party Services and APIs
Where the Services contain links to third party sites and resources, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information obtained from them.
If you use any service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Neither PlayCanvas or its affiliates is responsible or liable for a third party’s terms or actions taken under the third party’s terms.
PlayCanvas customers may access their account data via authorized APIs. Any use of the APIs, including use of the APIs through a third-party product that accesses PlayCanvas, is bound by these Terms.
13. Representations and Warranties
You represent and warrant (a) that neither you, nor, if you are a business, any affiliated company, are included on any restricted party list maintained by the United States, European Union, United Kingdom, or other relevant government authority -- for example, the U.S. Specially Designated Nationals List, Foreign Sanctions Evaders List, Denied Parties List, Unverified List, and Entity List, and the UK and EU consolidated lists of persons and entities subject to financial sanctions targets; (b) that you (if you are a business) are not owned or controlled by such a restricted party; and (c) that you are not resident in, located in, or organized under the laws of any country with which trade is prohibited by the sanctions described above.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless PlayCanvas and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services in violation of these Terms; (b) your content infringing or misappropriating the intellectual property rights or other proprietary rights of a third party or violating applicable law; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we cannot promise that we will always succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE EXCLUDED, INCLUDING, IN PARTICULAR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS RELATING TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. IN ADDITION, WHILE PLAYCANVAS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTION OR IMPERFECTIONS; OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
PLAYCANVAS AND ITS AFFILIATES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES PUBLICLY OR PRIVATELY. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH PLAYCANVAS NOR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT ANY RESPONSIBILITY WE MAY HAVE TO REMOVE CONTENT IF SO REQUIRED BY THE LAW OF THE COUNTRY WHERE YOU LIVE.
16. Limitation of Liability
PLAYCANVAS AND OUR AFFILIATES, DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, CONTENT, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES; (B) YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES; (C) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. IN NO EVENT WILL PLAYCANVAS OR OUR AFFILIATES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF €100 EUR OR THE AMOUNT YOU PAID PLAYCANVAS IN THE LAST 12 MONTHS FOR ANY PAID SERVICES.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY
17. Exclusive Venue
You and PlayCanvas agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of England, unless this is prohibited by the laws of the country where you reside. You and PlayCanvas consent to the exclusive jurisdiction of those courts.
18. Choice of Law
The laws of England and Wales govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of England and Wales to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Other General Terms
These Terms make up the entire agreement between you and PlayCanvas and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. You may not transfer any of your rights or obligations under these Terms without our consent.
21. Contact Us
PlayCanvas welcomes comments, questions, concerns, or suggestions. You can send us feedback by emailing us at firstname.lastname@example.org
Questions about the Terms should be sent to email@example.com.
The company responsible for the Services is PlayCanvas Ltd registered in England and Wales under company number 07627374 with registered office at 7-11 Lexington Street, Soho, London, United Kingdom, W1F 9AF. Our VAT number is 169275863.
22. Country-Specific Terms
If you are located in any of the countries listed below, or are using the Services on behalf of a business with its principal place of business located in any of the countries listed below, the additional terms listed for that country apply to you. If you are located in the European Union, or are using the Services on behalf of a business with its principal place of business located within the European Union, the European Union terms apply to you in addition to any terms specific to your country.
For individual consumers (not businesses): for details regarding dispute resolution, please follow this link to the EU Commission’s Online Dispute Resolution Platform http://ec.europa.eu/consumers/odr/.
If you are using the Services on behalf of a business located in the European Union other than in the United Kingdom, you agree to provide us the full legal name of your business, your business address, and your valid VAT ID number at the time you sign up to use the Services. You are responsible for self-assessment and should account for VAT via the reverse charge (as applicable).
In relation to Section 3 of these Terms, as to moral rights, you consent to PlayCanvas doing or omitting to do any acts that would otherwise infringe your moral rights or equivalent rights you may have in your content throughout the world.
Australia and New Zealand:
Non-Excludable Guarantees: Nothing in these Terms limits, excludes, or modifies any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms would contravene any statute or cause any part of these Terms to be void.
France (in addition to the European Union terms above):
Nothing in these Terms will affect your legal rights and remedies provided to you under French consumer law.
Sweden (in addition to the European Union terms above):
Nothing in these Terms will affect your legal rights and remedies provided to you under Swedish consumer law including the Consumer Contract Terms Act (1994:1512), the Distance and Off-premises Contract Act (2005:59), the Consumer Sales Act (1990:932).
United Kingdom (in addition to the European Union terms above):
Nothing in these Terms will affect your legal rights and remedies provided to you under U.K. consumer law including the Consumer Rights Act 2015. For detailed information about your consumer rights, please visit the Citizens Advice website at www.adviceguide.org.uk or call 03454 04 05 06.
Cancellation FormPlayCanvas Ltd
7-11 Lexington Street
I/We [*] hereby give notice that I/We [*] cancel my/our [*] PlayCanvas Personal Paid Plan,
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate