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FriendArcade Terms of Service

Privacy Policy
Contents
  • 1. Acceptance of terms
  • 2. Eligibility (age 13+)
  • 3. Accounts, invite codes, and security
  • 4. License to use the Services
  • 5. User Content (UGC) ownership and license
  • 6. AI output disclaimer
  • 7. Credits and billing
  • 8. Community standards, moderation, and prohibited conduct
  • 9. Intellectual property complaints (DMCA)
  • 10. Beta / early access; "as is" service
  • 11. Third-party services
  • 12. Termination
  • 13. Indemnification
  • 14. Limitation of liability
  • 15. Governing law
  • 16. Binding arbitration and class waiver
  • 17. Export and sanctions
  • 18. California Consumer Notice (§1789.3)
  • 19. General
  • 20. Contact

Contents

  • 1. Acceptance of terms
  • 2. Eligibility (age 13+)
  • 3. Accounts, invite codes, and security
  • 4. License to use the Services
  • 5. User Content (UGC) ownership and license
  • 6. AI output disclaimer
  • 7. Credits and billing
  • 8. Community standards, moderation, and prohibited conduct
  • 9. Intellectual property complaints (DMCA)
  • 10. Beta / early access; "as is" service
  • 11. Third-party services
  • 12. Termination
  • 13. Indemnification
  • 14. Limitation of liability
  • 15. Governing law
  • 16. Binding arbitration and class waiver
  • 17. Export and sanctions
  • 18. California Consumer Notice (§1789.3)
  • 19. General
  • 20. Contact

Effective Date: September 24, 2026

Last Updated: September 24, 2026

Operator: Exotec Inc. ("FriendArcade," "we," "us," or "our"), organized under the laws of Delaware
Services: the FriendArcade websites and products at https://friendarcade.ai and related hosts (including create.friendarcade.ai, sfx-identity.friendarcade.ai, and friendarcade.games when applicable), including AI game creation, play-with-friends features, waitlist, accounts, and credits
Contact: hello@friendarcade.ai
Governing law: laws of Delaware, USA
DMCA Agent: FriendArcade Copyright Agent — hello@friendarcade.ai — 1606 N. Hale Ave, Fullerton, CA 92831, United States
Community Guidelines: https://friendarcade.ai/guidelines

1. Acceptance of terms

These Terms of Service (the "Terms") govern your access to and use of the Services. By accessing or using the Services, creating an account, joining the waitlist, or clicking to accept, you agree to these Terms and our Privacy Policy.

If you do not agree, do not use the Services.

Dispute resolution notice: Section 16 requires most disputes to be resolved by binding individual arbitration and waives class actions and jury trials, with a 30-day opt-out. Please read it carefully.

We may update these Terms by posting a revised version. Continued use after the effective date of changes constitutes acceptance, except where law requires additional consent.

2. Eligibility (age 13+)

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, if higher) to use the Services. By using the Services, you represent that you meet this requirement and have capacity to enter a binding contract (or that a parent/guardian agrees on your behalf where allowed).

Accounts and minors: Public signup and beta invitations do not waive the age requirement. Parents/guardians are responsible for monitoring use by teens who meet the age minimum and for ensuring under-13 users do not register or submit personal information. FriendArcade may suspend accounts that appear to belong to under-age users.

3. Accounts, invite codes, and security

Public accounts may sign up without an invitation, play games, buy Credits, participate in global and friends leaderboards, and post comments while signed in. Game creation is restricted to beta testers. A valid one-time beta invitation grants beta access, including when redeemed by an existing public account. Reusable social friend codes add friends; they are not beta invitations. Existing internal beta testers retain beta access. New accounts must explicitly accept these Terms; we record the accepted version and timestamp.

High scores: FriendArcade may reset, clear, remove, or recalculate high scores and leaderboard rankings at any time, at its discretion. Rankings are not guaranteed to be permanent, and purchasing Credits does not guarantee a ranking or prevent a reset. Global leaderboards are publicly visible. Friends leaderboards show scores among accepted friends and the signed-in player.

  • You may need a Google account (OAuth via Supabase) and/or an invite / friend code to access certain features.
  • You are responsible for activity under your account and for keeping credentials and devices secure.
  • Do not share accounts or sell/transfer invite codes except as we expressly allow.
  • Provide accurate information; we may suspend accounts for fraud, abuse, or Terms violations.
  • Notify us promptly at hello@friendarcade.ai of unauthorized access.

4. License to use the Services

Subject to these Terms, FriendArcade grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose.

FriendArcade and its licensors own the Services platform, branding, software, documentation, and underlying technology (excluding your User Content). No rights are granted except as expressly stated.

5. User Content (UGC) ownership and license

5.1 Generated Content belongs to FriendArcade

As between you and FriendArcade, FriendArcade owns all right, title, and interest, including intellectual property rights, in the games, code, images, models, audio, text, and other material created or generated through the Services in response to a prompt or instruction ("Generated Content"), subject to any rights of third-party model providers in their outputs. FriendArcade grants you a personal, non-exclusive, non-transferable, revocable license to play Generated Content, share it with friends through the Services, and use it for personal, non-commercial purposes while your account is in good standing.

5.2 Uploaded Content stays yours

You keep ownership of material you created outside the Services and upload to them, such as your own artwork, audio, or text ("Uploaded Content"; together with Generated Content and your prompts, "User Content"). You grant FriendArcade and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, modify, adapt, create derivative works from, publicly display, perform, distribute, and otherwise use Uploaded Content and your prompts for any lawful business purpose, including operating, promoting, and improving the Services and training FriendArcade's models.

5.3 Model training

FriendArcade may use User Content, prompts, gameplay data, and related signals to train, fine-tune, evaluate, and improve its models and systems, as described in Privacy Policy §6. FriendArcade does not offer a product-level opt-out from this use beyond the rights described in the Privacy Policy. Deleting content or your account stops future use of that content for training, but material already incorporated into trained models cannot be removed.

5.4 Commercial use

Using Generated Content commercially outside the Services, including selling, licensing, or distributing it or using it in a business, requires a paid plan that grants those rights (when offered) or FriendArcade's written permission. FriendArcade may feature, promote, or commercialize Generated Content, with attribution where practical, without any payment or revenue share to you.

5.5 Feedback

If you provide feedback or suggestions, FriendArcade may use them without restriction or compensation.

6. AI output disclaimer

The Services use probabilistic machine-learning systems. Outputs (including generated games, assets, text, and speech transcripts) may be inaccurate, incomplete, offensive, infringing, or unsuitable. You should review outputs before relying on them, sharing them, or using them commercially.

FriendArcade does not warrant that outputs are unique, non-infringing, or fit for a particular purpose. You are responsible for how you use outputs and for ensuring your prompts and uploads do not violate law or third-party rights.

7. Credits and billing

FriendArcade may provide a credits ledger for usage of generation or other features.

  • Credits are digital, have no cash value outside the Services, are non-transferable, and are generally non-refundable except where required by law.
  • Public-only purchases: when checkout is enabled, public accounts may purchase 100 Credits for $1 USD per purchase, as often as they choose. Beta testers cannot initiate Credit purchases. Upgrading a public account to beta preserves its existing balance and disables new purchases. A paid checkout initiated before an upgrade will still be credited when payment is confirmed. Credits are added only after payment verification; opening or returning from checkout does not itself grant Credits.
    • Payment processor: hosted payments are handled by Stripe under its own terms. FriendArcade does not receive your full payment-card details.
    • Refund policy: all sales are final and no refunds are provided, except where applicable law requires them. Credit packs are one-time purchases, not subscriptions.
  • We may change credit pricing, burn rates, expiration, or promotional grants with reasonable notice where required.
  • Unused credits may be forfeited on account termination for cause or on service discontinuation, except where law requires otherwise.

8. Community standards, moderation, and prohibited conduct

You agree to follow our Community Guidelines and not to:

  1. Violate law or third-party rights (including copyright, trademark, privacy, and publicity).
  2. Submit prompts or content that is illegal, sexually exploitative of minors, terrorist, or that seeks to generate such material.
  3. Harass, threaten, defame, or abuse others; or attempt to dox users.
  4. Scrape, crawl, or bulk-download the Services without written permission; or bypass rate limits, invite gates, or access controls.
  5. Reverse engineer the Services except to the extent such restriction is prohibited by law.
  6. Interfere with security, or probe systems beyond ordinary use (authorized security research must follow any published security.txt / coordinated disclosure policy).
  7. Impersonate FriendArcade or others; or misrepresent affiliation.
  8. Use the Services to distribute malware, spam, or phishing.
  9. Resell or commercially exploit platform access itself without a separate written agreement.
  10. Share invite codes in a way that violates these Terms or enables under-13 use.

Moderation rights: FriendArcade may (but is not obligated to) monitor, review, remove, restrict, or disable User Content or accounts that violate these Terms, Community Guidelines, or create legal/safety risk — including AI-generated games. We may use automated and human review, and may cooperate with law enforcement when appropriate. Play and interaction logging may be used to improve games, AI quality, and safety systems as described in the Privacy Policy.

9. Intellectual property complaints (DMCA)

If you believe content on the Services infringes your copyright, send a notice including the elements required by 17 U.S.C. §512(c)(3) to:

DMCA Agent: FriendArcade Copyright Agent
Email: hello@friendarcade.ai
Mail: 1606 N. Hale Ave, Fullerton, CA 92831, United States

We may remove alleged infringing material and, in appropriate circumstances, terminate repeat infringers. Counter-notices may be submitted as permitted by law.

Trademark complaints: contact hello@friendarcade.ai with details of the mark and the allegedly infringing material.

10. Beta / early access; "as is" service

FriendArcade may be in beta or invite-only mode. Features can change, break, or be withdrawn. THE SERVICES (INCLUDING BETA FEATURES) ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRIENDARCADE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant uninterrupted or error-free operation, or that defects will be corrected.

11. Third-party services

The Services depend on third parties (including Cloudflare, Google, Supabase, and potentially payment processors). Their terms and privacy policies apply to their services. FriendArcade is not responsible for third-party outages or policy changes beyond our reasonable control.

Generative AI providers: FriendArcade currently uses APIs from OpenAI, Anthropic, and Google (Gemini) to generate game code and text, and specialized providers for image, animation, and 3D model generation. Their outputs are probabilistic, and we make no representation about the accuracy or uniqueness of any output. We may add or replace providers and will keep this list and the Privacy Policy current.

12. Termination

You may stop using the Services at any time and may request account deletion via hello@friendarcade.ai.

We may suspend or terminate access immediately for Terms violations, legal risk, non-payment (when billing exists), or to protect the Services or others. Upon termination, your license to use the Services ends; provisions that by nature should survive (including IP licenses to the extent needed for backups/operations, disclaimers, liability limits, indemnity, and dispute terms) survive.

13. Indemnification

You will defend, indemnify, and hold harmless FriendArcade and its officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) your User Content or prompts; (b) your use of the Services; (c) your violation of these Terms or law; or (d) your infringement of third-party rights.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRIENDARCADE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

Liability cap: EXCEPT WHERE PROHIBITED, FRIENDARCADE'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID TO FRIENDARCADE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.

Some jurisdictions do not allow certain limitations; in those cases, limits apply to the fullest extent permitted.

15. Governing law

These Terms are governed by the laws of Delaware, USA, excluding conflict-of-law rules, except that if Section 16 applies, the Federal Arbitration Act governs the arbitration agreement.

16. Binding arbitration and class waiver

Please read this section carefully. It affects your legal rights.

Except for small-claims matters and IP injunctive relief, any dispute arising out of these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer or Commercial Rules, as applicable. You and FriendArcade waive the right to a jury trial and to participate in class, consolidated, or representative actions.

Arbitration will be conducted in English by a single arbitrator. Hearings will be held by video conference or telephone unless the arbitrator decides an in-person hearing is needed, in which case it will take place in Orange County, California, or wherever the AAA consumer rules require.

You may opt out of arbitration within 30 days of first accepting these Terms by emailing hello@friendarcade.ai with the subject "Arbitration Opt-Out" and including your full name, mailing address, and the email address on your account. A valid opt-out means disputes will be resolved in court under Section 15 and does not affect any other part of these Terms.

If the class waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration.

17. Export and sanctions

You represent that you are not prohibited from using the Services under U.S. export or sanctions laws and are not located in an embargoed jurisdiction.

18. California Consumer Notice (§1789.3)

Under California Civil Code §1789.3, California users 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.

19. General

These Terms are the entire agreement regarding the Services (together with the Privacy Policy, Community Guidelines, and any feature-specific terms). If any provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization or sale. Notices may be provided via the Services or email.

20. Contact

Email: hello@friendarcade.ai

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