Terms of Service
Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
PlayCanvas reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://playcanvas.com/terms
Violation of any of the terms below will result in the termination of your Account. While PlayCanvas prohibits such conduct and Content on the Service, you understand and agree that PlayCanvas cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
A. Account Terms
You must be 13 years or older to use the Service.
Accounts registered by non-humans, “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. PlayCanvas cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
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).
One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. API Terms
Customers may access their PlayCanvas account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses PlayCanvas, is bound by these Terms of Service plus the following specific terms:
You expressly understand and agree that PlayCanvas shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PlayCanvas has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to PlayCanvas via the API may result in the temporary or permanent suspension of your account’s access to the API. PlayCanvas, in its sole discretion, will determine abuse or excessive usage of the API. PlayCanvas will make a reasonable attempt via email to warn the account owner prior to suspension.
PlayCanvas reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
C. Plans and Restrictions
If you are accepting these terms for use with the Personal plan you agree to pay the applicable subscription fees and 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, or (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, the total annual budget does not exceed US$100,000 (for the entire Non-Commercial Entity (not just a department)) for the most recently completed fiscal year (including in any equivalent currency); and
- if you are an individual (not acting within a role in a Legal Entity) or if you are accepting the term on behalf of a Legal Entity as a Sole Proprietor, the annual gross revenues from your or its use of the PlayCanvas do not exceed of US$100,000 during the most recently completed fiscal year (including in any equivalent currency).
The Organization plan can be used by anybody who pays the applicable subscription fees.
Loading Screen Restrictions
If you are accepting these terms for use with the Personal plan you agree that you will not modify the loading screen as supplied by publishing your application or downloading the application for web or for mobile devices. You agree that you will display an unmodified PlayCanvas logo for the duration that the your application is loading.
If you are accepting these terms for use with the Organization plan you can remove the PlayCanvas logo from the loading screen or modify the loading process so that the PlayCanvas logo is not visible.
D. Payments, Refunds, Upgrading and Downgrading
Paid plans require a valid credit card number to be entered. Free accounts do not require a credit card.
When upgrading or downgrading a plan, you will be immediately billed with the new amount.
The Service is billed in advance on a monthly basis.
There are no refunds for partial months of service, unused months of an open account or upgrade/downgrade changes. In order to treat everyone equally, no exceptions will be made.
Downgrading your Service may cause the loss of Content, features or capacity of your Account. PlayCanvas does not accept any liability for such loss.
E. Cancellation and Termination
You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing firstname.lastname@example.org
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
PlayCanvas, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other PlayCanvas service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. PlayCanvas reserves the right to refuse service to anyone for any reason at any time.
F. Modifications to the Service and Prices
PlayCanvas reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
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 Site (playcanvas.com) or the Service itself.
PlayCanvas shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
G. Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content. By setting your depots or projects to be viewed publicly, you agree to allow others to view and branch your depots.
PlayCanvas does not pre-screen Content, but PlayCanvas and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You shall defend PlayCanvas against any claim, demand, suit or proceeding made or brought against PlayCanvas by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify PlayCanvas for any damages finally awarded against, and for reasonable attorney’s fees incurred by, PlayCanvas in connection with any such claim, demand, suit or proceeding; provided, that PlayCanvas (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases PlayCanvas of all liability); and (c) provides to You all reasonable assistance, at Your expense.
H. General Conditions
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
You understand that PlayCanvas uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, PlayCanvas, or any other PlayCanvas service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PlayCanvas.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any PlayCanvas customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by PlayCanvas) of other PlayCanvas customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
PlayCanvas does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that PlayCanvas shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PlayCanvas has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
If there is a disagreement between the English language Terms of Service and a translation, the English version shall take priority.
Questions about the Terms of Service should be sent to email@example.com.