Snarky\'s
Draft placeholder text for development — needs legal review before launch.

Terms of Service

Last updated: October 5, 2026

These Terms of Service ("Terms") govern your access to and use of Snarky\'s(the "Service"), operated by [LEGAL ENTITY NAME], [ENTITY TYPE, e.g. a Delaware corporation — COUNSEL TO CONFIRM] ("Snarky\'s", "we", "us" or "our"). By creating an account, playing a game as a guest, or otherwise using the Service, you agree to these Terms. If you don't agree, don't use the Service.

1. Eligibility & age requirements

Under 13. Snarky\'s is not directed at, and does not knowingly allow, account creation by anyone under 13 years old. Anyone, including a visitor under 13, can play public games as a guest without creating an account, but creating an account requires confirming you are 13 or older. If we learn an account belongs to someone under 13, we will take the steps described in Privacy Policy — Children.

13–17.If you are between 13 and 17 years old, you may only use the Service with the involvement and consent of a parent or legal guardian, and you represent that your parent or guardian has reviewed and agreed to these Terms on your behalf. A parent or guardian who permits a minor to use the Service is responsible for that minor's activity on it, including any purchases made from a linked payment method.

18 and over. If you are 18 or older, you may use the Service on your own behalf, subject to these Terms.

Age is self-reported (a birth year you provide when you set up your account) and is not independently verified. Giving a false birth year to get around the 13+ requirement is itself a violation of these Terms.

2. Accounts and guests

Guests.You don't need an account to describe an idea, have it built, and play it — we assign an anonymous guest identity (stored in a cookie on your device) so your one free trial build and in-progress project can survive a page reload. A guest project is tied to that device/browser, not to you personally, until you sign up and it's attached to your new account.

Creating an account.You can sign up with an email address and password, or continue with Google or Apple. You're responsible for keeping your login credentials confidential and for everything that happens under your account, whether or not you authorized it, except to the extent caused by our own failure to safeguard it. Tell us right away at [SUPPORT EMAIL] if you suspect unauthorized use.

Usernames. Your username and display name are public. We can reject or reclaim a username that impersonates someone else, infringes a trademark, or is reserved for platform use.

One account per person. Accounts are for individual use. Creating multiple accounts to get around the one-time free trial, usage limits, moderation actions, or a suspension/ban is a violation of these Terms, and we use device, network and account-history signals to detect it.

3. The service

Snarky\'s lets you describe a game in plain English; our AI builds a playable browser game from that description; you (and, for public games, everyone else) can play it, like it, comment on it, save it, remix it into a new game, and publish it to your own page here or to other places listed on Publishing. The Service also includes creator tools (editing, analytics, monetization and payouts), multiplayer rooms, leaderboards, notifications, and moderation/reporting tools.

We may add, change, limit or discontinue any feature, including AI models used, credit pricing, plan features, or publishing targets, at any time. We'll try to give notice of material changes that affect what you've already paid for, but the Service evolves and some change is inherent to a product built around third-party AI providers and app stores we don't control.

4. Your content, and the license you grant

What "your content" means. This includes the prompts you type, the games you create or edit (code, art, audio, 3D models and text you upload or that are generated from your prompts), titles, descriptions, tags, comments, and anything else you submit to the Service.

You own it. As between you and us, you own your content, subject to: (a) the rights of anyone whose pre-existing work you remixed or referenced, (b) the limits on AI-generated content in Section 5, and (c) the license you grant below.

License to us. You grant Snarky\'sa worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, perform, distribute, and create technical copies and adaptations of your content (for example: thumbnails, screenshots, build artifacts, and format conversions for app-store or portal packaging) solely to operate, provide, secure, and promote the Service and your published games. This license ends for content you delete or unpublish, except for copies already made as part of normal backups, already-distributed packages (for example, a build already submitted to an app store or a portal), and anything we're legally required to keep.

License to other players, for remixing. When you publish a game with Allow remixing turned on (the default), you additionally grant every other user a worldwide, non-exclusive, royalty-free license to fork your published game, modify it, and publish the resulting remixas their own game under their own account, with automatic, non-removable credit back to you and to the original game in the remix's lineage. Turning Allow remixing off stops new remixes from being made from that point on; it does not revoke or unwind remixes other users already made and published before you turned it off — those remain independent games owned by their creators, still crediting you as the source. Turning remixing back on does not require re-granting anything retroactively; it simply allows new forks again.

Public visibility. Anyone with the link can play an Unlisted game; Public games can also appear in feeds, search and leaderboards. Privategames and drafts are visible only to you (and, inside the editor, to anyone you've shared studio access with).

Comments and other short contentyou post are covered by the same license to us above, so we can display them next to the content they're attached to.

5. AI-generated content

How it works.When you describe, edit, or ask for art for a game, that prompt — plus relevant context like your game's current code, your project's plan, and (when repairing a bug) the error the game threw — is sent to an AI model provider to generate a response. See Privacy Policy — AI processing for which providers and what data that involves.

Ownership of AI output. Subject to Section 4, you own the game, code, art and other material generated from your own prompts, to the extent the law in your jurisdiction allows ownership of AI-assisted output. We make no representation about how any particular jurisdiction treats authorship or copyrightability of AI-generated material.

No guarantee of originality or accuracy.AI models can produce output that resembles existing games, characters, art styles or code found elsewhere, including work made by other people on or off this platform, even when asked for something original — we instruct the AI to create an original take rather than a copy, and a rule-based check flags well-known franchise names for review, but neither measure is a guarantee. AI output can also be wrong, broken, offensive, or otherwise not what you asked for. We don't warrant that AI-generated content is accurate, original, non-infringing, or fit for any particular purpose.

Your responsibility.You're responsible for the prompts you submit and for what you do with the output: reviewing it before publishing or relying on it, and not publishing a game that infringes someone else's rights even if the AI produced the infringing material. If your prompts or published output require us to remove your content or suspend your account under Section 12, that's on you, not on the AI provider or on us.

Prohibited prompts.Regardless of how the resulting game turns out, you may never prompt for, or attempt to generate: sexual content involving minors in any form (reported where required by law, with an immediate and permanent account ban); real-world violent threats; content designed to defraud, phish, or collect credentials or payment information from players; malware or anything designed to abuse a player's device; or instructions to bypass this Service's own safety or moderation systems. Automated and manual checks screen prompts and output for these categories; see Community Guidelines for the full, plain-language version of these rules.

6. Credits, plans, subscriptions, renewals & refunds

Credits.AI generation (building, editing, repairing and generating art for a game) is metered in credits. Credit pricing tracks what we actually pay AI providers for a given call, plus a fixed markup — it isn't an arbitrary number. We estimate the worst-case cost of a call before we start it and only run it if you have enough balance to cover that estimate, so you should never see a surprise partial charge mid-build. Credits have no cash value, cannot be redeemed for cash, and credit packs don't expire.

Free trial. New visitors get a one-time, lifetime free-dollar trial that covers roughly your first build, usable before you even create an account. It carries over automatically when you sign up and is shared across accounts created from the same device or network — creating a second account does not grant a second free trial.

Free plan. Signed-up accounts on the free plan get a small recurring monthly allowance for light editing, on our standard AI model tier, with a monthly cost ceiling.

Paid plans. Paid plans grant a larger monthly credit allowance, access to faster/better AI model tiers, and other features shown on Pricing (for example private projects, source download, removing platform branding, commercial use, app-store export, and priority build queueing) — exactly which features are on each plan can change; current features are always shown on the Pricing page. Paid plans also carry their own monthly usage (cost) ceiling, and you can set your own, stricter spend limit in Settings → Billing.

Billing and renewal. Paid plans are billed through Stripe and renew automatically each billing interval (monthly or yearly, as you chose) until you cancel. Credit packs are one-time purchases. You can cancel a subscription any time from the billing portal (Settings → Billing); you keep the plan and its credit grant through the end of the period you already paid for, then your account moves to the free plan.

Price changes.Plan prices, monthly credit amounts, and credit-pack contents are shown on the Pricing page and can change; we'll give notice before a change takes effect for an existing subscriber's next renewal.

Refunds. Credits, subscription charges and credit-pack purchases are non-refundable except where required by applicable law, or at our discretion. If a payment is refunded or successfully charged back, we claw back any credits that purchase granted and have not yet been used for a build, and any game/item entitlement bought with a disputed payment can be revoked.

7. Creator monetization and payouts

What you can monetize.If you publish a game, you can enable tips, sell access to the whole game (a one-time unlock, including "pay what you want"), and sell in-game items/purchases your game code defines. The platform's own official games are never tipped or sold the same way — there's no creator split on those.

Payout setup.To receive money from your games, you connect your own Stripe Connect Express account from Settings → Payouts. We never collect your bank details directly — Stripe collects them, and handles identity verification and any tax forms Stripe requires for payouts in your country. You must finish Stripe's onboarding (charges/payouts enabled) before a sale can route money to you; purchases attempted before then will not go through.

Platform fee.We retain a platform fee out of each sale on your games, shown as a percentage in Settings → Payouts; the rest is transferred to your Stripe Connect account. Stripe's own processing fees are factored into that split, not charged to you separately. The exact fee percentage can change; the current rate is always shown before you connect payouts and on every transaction in your earnings table.

Ledger. Every sale is recorded as a balanced, double-entry ledger transaction (money in, your share out, our fee out) so your Settings → Payouts earnings total is always derived from that ledger, not a cached number.

Chargebacks and disputes.If a buyer disputes a charge with their bank, we may freeze the buyer's wallet pending resolution. If the dispute or refund is resolved against the sale, we reverse the original ledger entries (so a payout you already see reflected can be clawed back) and revoke any entitlement the disputed purchase granted.

Taxes.You're solely responsible for determining and paying any taxes owed on your creator earnings. Stripe, as the payment processor behind Connect payouts, may require tax information from you and may issue tax forms as required by law in your country; we don't independently calculate, withhold or file taxes on your behalf.

Holds. We can delay, reduce or withhold a payout where we reasonably suspect fraud, abuse, a violation of these Terms, or a legal or Stripe compliance requirement, until the issue is resolved.

8. Virtual items and in-game purchases

A game's own code can define purchasable items (for example extra lives, cosmetics, or level packs), each either a one-time unlock or a consumable that can be bought again. Buying one of these, a full-game unlock, or sending a tip, goes through the same Stripe-backed checkout as a plan or credit pack — we never see your full card number. Virtual items and unlocks have no cash value outside the Service, cannot be transferred between accounts, resold, or redeemed for cash, and exist only as an entitlement tied to your account on that game. A creator can change or retire the items their game offers at any time; purchases already made keep working as entitlements even if the item is later retired from sale.

9. Publishing to app stores

If your plan includes app-store export, you can package a game for the Apple App Store or Google Play. You do this with your own Apple Developer / App Store Connect and Google Play Developer accounts — we never ask for your developer-account login. You give us a scoped API credential (an App Store Connect API key, or a Google Play service-account key) instead, which is encrypted at rest and never sent back to your browser once saved. We use it only to prepare builds and submit them on your behalf.

We prepare and submit; Apple and Google decide.We generate the native project, run readiness checks, and walk you through a build, a test track (TestFlight or Google's internal testing), and submission. Apple's and Google's own review processes decide whether your game is approved, rejected, or removed later — we don't control or guarantee the outcome or timing of that review. Their own developer agreements (the Apple Developer Program License Agreement and the Google Play Developer Distribution Agreement) govern your relationship with them as the account holder, separately from these Terms.

You're responsible for your app's store listing content, age rating, privacy disclosures required by each store, and compliance with each store's guidelines; we provide tooling, not legal or compliance review of your specific submission.

10. Multiplayer and community conduct

Some games support real-time multiplayer rooms over a live connection, where players in the same room code exchange game state and messages through our servers so everyone sees the same thing. Treat other players the way you'd want to be treated: no harassment, hate speech, cheating, griefing, or using the room connection for anything other than playing the game. We can remove a player from a room, close a room, or suspend an account for misconduct in multiplayer the same as for any other part of the Service.

11. Prohibited conduct / acceptable use

You may not, and may not help anyone else to:

12. Moderation and enforcement

Prompts, titles, descriptions and comments pass through an automated filter before and after AI generation; reports from other users also feed moderation. A game that collects enough open reports is automatically held out of public feeds pending review, independent of anything a moderator has done yet. Human moderators and admins can feature or unfeature a game, unpublish or remove it, hide or remove a comment, suspend or ban an account, or adjust/refund credits, and every such action is logged internally.

Depending on severity, we may warn you, remove or unpublish specific content, suspend your account temporarily, or ban it permanently, with or without notice. We can also decline to publish, or later remove, a game for any reason even if it doesn't violate a specific rule, particularly where we reasonably believe it exposes us or other users to legal risk.

If you believe a moderation action was a mistake, contact [TRUST & SAFETY / ABUSE EMAIL].

If you believe a game, comment, or other content on Snarky\'s infringes your copyright, see our Copyright & DMCA Policy for how to send a takedown notice, how a creator can send a counter-notice, and our repeat-infringer policy. That page, not this summary, controls.

14. Third-party services

The Service relies on third-party providers to work at all: payment processing and creator payouts (Stripe), AI models that build games and generate art (Anthropic, OpenAI and Google), transactional email (Twilio SendGrid), bot/abuse protection (Cloudflare Turnstile), object storage for builds and assets, and — only when you choose to publish there — Apple's and Google's app-store platforms and OAuth sign-in with Google or Apple. See Privacy Policy — Sharingfor what each one sees. We're not responsible for outages, policy changes, content decisions, or data handling by these third parties beyond what we contract with them to do, and your use of a third-party service reached through Snarky\'s(for example an app store, or a publishing portal like itch.io) is also governed by that provider's own terms.

15. Disclaimers

THE SERVICE, INCLUDING ALL AI-GENERATED CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT AI-GENERATED GAMES WILL BE ORIGINAL, ACCURATE, OR BUG-FREE, THAT MULTIPLAYER OR REAL-TIME FEATURES WILL ALWAYS BE AVAILABLE, OR THAT AN APP-STORE OR PORTAL SUBMISSION WILL BE APPROVED.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNARKY\'SAND ITS OPERATOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DON'T ALLOW THESE LIMITATIONS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless Snarky\'s, its operator, and their officers, employees, and agents from any claim, liability, damages, loss, and expense (including reasonable legal fees) arising out of or related to: your content (including any game you publish or remix); your use of the Service in violation of these Terms, the Community Guidelines, or applicable law; your use of app-store or publishing-portal credentials and submissions; and your violation of any third party's rights, including intellectual property or privacy rights.

18. Dispute resolution

[COUNSEL TO CONFIRM] — placeholder arbitration clause below; do not rely on it until reviewed.

You and Snarky\'s agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by [ARBITRATION ADMINISTRATOR, e.g. AAA OR JAMS — COUNSEL TO CONFIRM] under its [ARBITRATION RULES SET, e.g. AAA CONSUMER ARBITRATION RULES — COUNSEL TO CONFIRM], seated in [SEAT / LOCATION OF ARBITRATION — COUNSEL TO CONFIRM], rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

Class action waiver. You and Snarky\'s each agree that any proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. If this class-action waiver is found unenforceable as to a particular claim or dispute, that claim or dispute will proceed in court rather than in arbitration, and the rest of this section still applies to any other claim.

19. Governing law

[COUNSEL TO CONFIRM] — governing law and venue below are placeholders.

These Terms are governed by the laws of [GOVERNING LAW / JURISDICTION — COUNSEL TO CONFIRM], without regard to its conflict-of-laws rules. Subject to Section 18, the courts located in [EXCLUSIVE VENUE FOR ANY COURT PROCEEDING — COUNSEL TO CONFIRM] have exclusive jurisdiction over any dispute not subject to arbitration.

20. Changes to these Terms

We may update these Terms from time to time. If a change is material, we'll give notice (for example, by email or an in-product notice) before it takes effect for existing users. The "Last updated" date at the top of this page always reflects the current version. Continuing to use the Service after a change takes effect means you accept the updated Terms.

21. Termination

You can stop using the Service any time, and can delete your account from Settings → Privacy & data. Deleting your account removes your login, email, username, and profile details from our systems, and any of your Privategames are unpublished; games you had already published publicly stay up for players who've already found them (now attributed to a deleted user), because other people may have remixed, saved, or scored them — we don't pull a published game out from under the community just because its creator's account closed. Financial records (purchases, payouts, ledger entries) are retained as accounting/legal records tied to an account id, not to your deleted profile.

We can suspend or terminate your account or access to the Service, with or without notice, for violating these Terms or the Community Guidelines, for extended inactivity, to comply with law, or to protect the Service or other users. Sections that by their nature should survive termination (including content licenses already granted, payment obligations, disclaimers, limitation of liability, indemnification, and dispute resolution) continue to apply after your account is closed.

22. Contact

[LEGAL ENTITY NAME], [ENTITY TYPE, e.g. a Delaware corporation — COUNSEL TO CONFIRM]
[LEGAL ENTITY ADDRESS]