Terms of Service · Arcadette

Plain-English summary

Here's the short version. The rest of this page has the detail and the legal framing.

Two kinds of people use Arcadette. Brands make games for their stores. Players play them. Some sections apply to one or the other; we say which.
Brands own their games and assets. You give us a limited license to host and serve them so the game can run on your site and on our play pages.
The codes are yours, not ours. You make discount codes in Shopify (or wherever you sell) and paste them in. Arcadette only shows them; your store honors them.
The contacts are yours too. When a player leaves an email or phone number to claim a code, that contact belongs to the brand, goes to the brand's workspace and any tools the brand connects, and is the brand's to market to lawfully. Arcadette sends the one code email the player asked for and never markets to players.
Free to make and share; a plan puts it on your site. Making a game and playing it on its arcadette.com play page are free. Putting it on your own site takes a paid plan, monthly or yearly, sized by plays (runs players start), which renews until you cancel. Contacts are unlimited on every plan. A first paid plan starts with auto top-up on and no monthly limit unless you set one. When the plays run out and nothing adds more, your games stop until plays reset on the 1st. See Billing.
Players are never asked for anything until the prize. Playing is free and needs no account; a contact is asked only to claim a reward, and you can decline and keep playing.
Don't scrape the Service or use our data to train AI models.
If we have a dispute, we'll try to work it out informally first, then go to individual arbitration — you can opt out of arbitration in your first 30 days.
You keep your mandatory local consumer-protection rights. Nothing in these Terms waives them.
The Service is provided “AS IS.” Our liability is capped — see the limits.

The agreement

These Terms of Service (“Terms”) are a binding contract between you and VNTOS LLC, a Delaware limited liability company that operates Arcadette (“Arcadette,” “we,” “us,” “our”). They govern your use of the Arcadette application, the website at arcadette.com, the games we host and serve on play pages and inside embeds on other sites, the files we generate for you, and related services (together, the “Service”). By creating an account, making a game, embedding a game, or playing one, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use Arcadette.

These Terms include an arbitration agreement and class-action waiver that affects how disputes are resolved. Please read that section carefully.

Brands and players

Arcadette turns a store, a mascot, or a product line into a short playable game that ends with a reward. Two roles run through these Terms:

A “Brand” is a business (or a person acting for one) that makes a game, pastes in its discount codes, places the game on its site or a hosted page, and receives the contacts players leave. Brands are our customers. Sections on accounts, content, codes, contacts, data processing, embeds, and billing are written for Brands.
A “Player” is anyone who plays a Brand's game, on the Brand's site or on one of our play pages. Players need no account. If you claim a reward, you leave an email address or phone number, and that contact goes to the Brand as described in Contacts & consent and our Privacy Policy.

Where these Terms say “you” without saying which, they apply to both.

Eligibility

You must be at least 13 years old — or the minimum age required by law in your country, whichever is higher (for example, 16 in parts of the EEA) — to use Arcadette, including to play a game and claim a reward.

You must have the legal capacity to enter into this contract.
Brands act on behalf of a business. If you make a game or run a workspace for a business, you represent that you have authority to bind that business, and “you” refers to that business.
You must not be barred from using the Service under applicable law — see Export controls & sanctions.
Brands may not direct a game at children under 13 or design a reward to collect contacts from them.

Your account & workspace

Brands sign in with an emailed one-time code or with Google. No password is stored. You're responsible for keeping access to that email account secure and for everything that happens in your workspace.
Signing in creates a workspace for your brand. Games, contacts, destinations, and billing belong to the workspace, not to an individual. A workspace admin can invite members; you're responsible for the people you let in and for what they do.
Provide accurate information, and don't impersonate anyone or misrepresent your affiliation with a brand.
Notify us at support@arcadette.com if you suspect unauthorized access. We may place a temporary lock on the workspace while we investigate.

Games made before you sign in

You can make a game without an account. Until you sign in, the game belongs to the browser that made it: we set a device cookie and use it to let that browser edit the game and see its contacts.

Sign in to keep it. Signing in moves every game your browser made, and the contacts those games captured, into your workspace. Until then, clearing cookies or switching devices loses your edit access, though the game and any contacts it captured stay in our systems and can be recovered by emailing us with the play link.
A game made without an account can still be placed and can still capture contacts, and everything in these Terms applies to it. The business it was made for is the Brand.
Games that are never claimed may be removed after a period of inactivity, after we try to notify any address we have.

Your games & brand assets

“Your Content” is everything a Brand provides or generates on Arcadette — the store URL you paste and the text, logos, mascots, product images, and colors we fetch from it at your request; images you upload; the copy, reward tiers, consent text, and settings of your games; and the games themselves as configured by you. You own Your Content. You're also solely responsible for it, including that you have the rights to use it, that the codes you paste are real, and that nothing in it infringes anyone else's rights.

Games built from a concept.When you paste a URL, Arcadette reads your site and proposes game concepts (titles, instructions, the things in the game, reward copy). Once you build one, that text and the configuration it produced are Your Content and yours to use for that game. The game engine itself — the mechanics, scenes, effects, and the sticker set — stays ours and is licensed to you to run your game (see Our intellectual property). We may reuse anonymized signals from concept generation (which families and scenes get picked and played) to improve the proposals for everyone; we never reuse your brand name, logo, or copy in another Brand’s game.

When you paste a store URL, you're asking us to fetch that site's public pages and assets on your behalf to build your game. You represent that you own or are authorized to use that site and its brand assets. Don't paste a site you don't have rights to. If a mascot, character, or image includes an identifiable person, you confirm you have their permission to use it in a game that will be public. We don't verify that the person who builds or claims a game is connected to the brand in it; that promise is theirs, not ours. A brand can report a game made without its permission from the game's play page, and we'll take it down (see Moderation & takedowns).

The character sprites, backgrounds, and copy we generate from Your Content are part of Your Content once generated, subject to the license in Our intellectual property for the game engine, chrome, and built-in art we supply.

Games we make for you

We sometimes build a game from a business's public website and send it a private link. That game stays unlisted: it isn't in our gallery or on any site until someone claims it. If it's your business and you'd rather we didn't, email support@arcadette.com and we'll delete it.

Claiming a game moves it into your workspace, and from then on it is Your Content under these Terms. By claiming, you confirm you're authorized to act for that business. If someone else shows a better right to the brand, we may move the game to them or remove it.

License you give us

To operate Arcadette, we need permission to store, process, and serve Your Content. You grant Arcadette a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers only), transferable license to host, store, reproduce, reformat (for example, to cut a mascot out of its background, resize an image, or draft copy in your brand's voice), publicly display, and distribute Your Content — to run your game on our play pages, inside embeds on the sites you place it on, in share cards and emails generated for your game, and, if you set a game to public, in our gallery.

This license lasts only as long as Your Content stays on the Service. When you delete a game or your workspace, we end the license and remove the content on the schedule described in our Privacy Policy. Narrow exceptions:

Any copy of a game you downloaded while single-file export was offered, and copies of your game that players shared (for example, a share card in a group chat), are outside our control.
We may retain de-identified or aggregated data that can no longer be linked to you.

Publicity carve-out. We will not use your name, brand, or likeness in paid advertising without your explicit opt-in consent, and we will never sell Your Content to third parties. Public games appear in our gallery and on our site only while you keep them set to public.

Discount codes

Arcadette does not create, manage, redeem, or honor discount codes. Brands make codes in their own store (for example, Shopify Discounts) and paste them into a game's reward tiers. The game displays a code when a player reaches the tier; the store decides whether it works.

Brands are responsible for their codes: what they're worth, when they expire, how many times they can be used, and whether they exist at all. New games ship with placeholder codes that your store will not accept; replace them before you place the game.
A code shown or emailed to a player is a courtesy from the Brand to the player. Arcadette is not a party to any purchase, and any dispute about a code is between the player and the Brand.
Don't advertise a reward you don't intend to honor. A game that promises a code that never works is deceptive and a violation of these Terms.

Contacts & consent

When a player claims a reward, the game asks for an email address and, if the Brand enabled it, a phone number, under consent text the Brand chose. The contact, the score, the code, and a consent record (the text shown, the time, the IP address, and the page the claim happened on) go to the Brand's workspace and to the destinations the Brand connected.

For Brands

The contacts are yours, and so are the obligations. You are the controller of the contacts your games capture. You decide what consent text to show, and you're responsible for it being accurate and lawful in every market you run the game in — including the CAN-SPAM Act, the TCPA and state SMS laws, CASL, the GDPR and ePrivacy rules, and any platform rules of the tools you sync to.
SMS needs express written consent. If you turn phone capture on, keep the default consent language (frequency, message and data rates, STOP, HELP) or replace it with language that meets the same standard. Don't text people who didn't check the box.
Honor opt-outs. Unsubscribes, bounces, and spam reports we learn about go on your suppression list, so that address is never treated as a new contact again; removing the person from your marketing tools is your job.
Don't hide the capture behind play, add fields the game doesn't show, or use captured contacts for anything the consent text didn't cover.

For Players

Playing never requires a contact. The claim sheet appears only after you earn a reward, and you can skip it and keep playing.
If you claim, your email or phone number goes to the Brand. We send you one email with your code on the Brand's behalf. We don't send marketing, and we don't sell contacts.
To get off a Brand's list, use the unsubscribe or STOP mechanism in what they send you, or contact the Brand. If you can't reach them, email support@arcadette.com and we'll help.

Data processing for brands

This section is the data-processing agreement between a Brand and Arcadette for the personal data of players (“Player Data”). It applies to the extent data-protection law does.

Roles. The Brand is the controller of Player Data captured by its games. Arcadette is the Brand's processor when it captures, stores, delivers the code email for, and syncs Player Data. For the limited purposes of billing, detecting duplicates and abuse, honoring suppressions, and securing the Service, Arcadette acts as an independent controller.
Instructions. These Terms, your game settings (capture fields, consent text, destinations), and any written instructions you give us are your complete instructions. We won't process Player Data for any other purpose.
Subprocessors. We use the providers listed in our Privacy Policy. We'll update that list before adding a provider that handles Player Data and give you at least 30 days' notice by email; you may object by deleting the affected games. Destinations you connect (Shopify, Klaviyo, Mailchimp, SMS platforms, webhooks) receive Player Data at your direction and are your processors, not ours.
Security. Encryption in transit and at rest, encrypted storage of the API keys you give us, access controls on production systems, and hashing of addresses used for deduplication. If we confirm a breach affecting Player Data, we'll notify you without undue delay and within 72 hours of confirming it.
Assistance. We'll help you answer player requests to access or delete their data, and provide the information you reasonably need for your own compliance records.
Deletion. Delete a game to stop new captures; delete or ask us to delete your workspace and we remove Player Data on the schedule in our Privacy Policy. Export your contacts first; we can't restore them afterward.
Location. Player Data is processed in the United States.

Embeds, placements & the badge

Every game has a play page on arcadette.com that you can link to and share anywhere. Putting a game on your own site with our script tag takes a paid plan (see Billing); if your plan ends, the script stops showing the game on your site and the play page keeps working. The script loads the game from our servers and may show it inline or as a popup on a delay, a scroll depth, or exit intent, with a frequency cap stored in the visitor's browser. You're responsible for placing it in a way that complies with the laws and platform rules that apply to your site, including cookie and consent requirements where they apply.
The badge. Games on the Free, Starter and Plus plans carry a small “Made with Arcadette” badge. Don't hide, cover, or remove it except by moving to a plan that removes it (Growth and up), which removes it from every game in the account. It returns if that plan lapses.
Out of plays. When your workspace has no plays left for the month, your games show that they're out of plays instead of starting, on your site and on their play pages, and a popup doesn't open, until plays reset on the 1st or you add more.
Don't modify the runtime, spoof scores or claims, or use the embed to run content that isn't your game.
We may change the runtime and the script over time; games keep working, and material changes to what the embed shows on your site get notice.

AI features

Arcadette uses AI services — currently Anthropic's Claude for copy in your brand's voice and fal.ai for image processing such as removing a mascot's background — to build your game from your store and assets. When you use these features, the text and images you provide (or that we fetched from your site at your request) are sent to those providers to produce a result, as described in our Privacy Policy. Player Data is never sent to an AI provider.

AI output can be wrong. Generated copy may misdescribe your products, and generated art may not match your brand. Review your game before you place it — the dashboard lets you change every line.
Only submit content you're authorized to use.
We don't use your inputs or content to train our own models, and our AI providers process your data as our service providers, not to train their models.

Feedback

If you send us ideas, suggestions, or other feedback about Arcadette, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you. We're not required to keep feedback confidential, and nothing stops us from developing similar ideas independently.

Acceptable use

Don't use Arcadette to do any of the following:

Build a game from a site, brand, mascot, or image you don't have the rights to, or that impersonates another business.
Put content in a game that is illegal, harassing, hateful, sexually explicit, or that targets or sexualizes minors.
Capture contacts deceptively: hidden fields, misleading consent text, rewards you won't honor, or using contacts beyond what the consent covered.
Send marketing, especially SMS, to people who didn't consent, or fail to honor opt-outs.
Fake plays, scores, claims, or contacts — including bots, disposable addresses, or coordinating people to trigger rewards.
Infringe someone else's copyright, trademark, trade secret, privacy, publicity, or contractual rights.
Access, or try to access, workspaces, games, or contacts that aren't yours, or circumvent access controls, rate limits, the badge, or region restrictions.
Upload malware, probe or scan for vulnerabilities, reverse-engineer the Service, or interfere with its operation or other users' access.
Resell, sublicense, or provide the Service to third parties except as an agency plan we agreed to in writing allows.
Use the Service after we've suspended or banned you.

No scraping, no AI training

Unless you have our advance written permission, you may not — whether manually, through automation, or using a third party:

Scrape, crawl, index, or bulk-download content or data from the Service, including play pages, the gallery, and the runtime, by using headless browsers, scripted API calls beyond our published rate limits, or circumventing robots directives or access controls.
Use Arcadette content or data to train or fine-tune machine-learning models, or to build datasets for ML training or evaluation.
Resell, redistribute, or syndicate Arcadette content or data at scale, or use it to build a competing product, dataset, or index.

These restrictions are material. We may pursue injunctive relief for violations in addition to any other remedies available. (Fetching your own store's pages by pasting its URL into Arcadette is you asking us to fetch them, not you scraping us.)

Moderation & takedowns

We can take a game down, remove content, remove a game from the gallery, and suspend or terminate workspaces that violate these Terms. Depending on severity, we may issue a warning, set a game to unlisted, take it down, pause capture, temporarily suspend the workspace, or permanently terminate it. Players can report a game from its play page.

Where possible, we notify affected Brands of the reason for an enforcement action and offer an appeal by email. For serious or repeated violations, or where the law requires prompt action, we may act immediately and without prior notice. Nothing in these Terms requires us to actively monitor games — but we reserve the right to.

EU Digital Services Act notices

If you use Arcadette from the European Union, you have rights under the Digital Services Act (Regulation (EU) 2022/2065). Our point of contact for users and authorities is support@arcadette.com (English accepted). Email us there to report illegal content in a game (include the play link, why it's illegal, and your contact details), to appeal a moderation decision within six months (free of charge), or for information about out-of-court dispute settlement bodies in your Member State.

Copyright (DMCA)

If you believe a game on Arcadette infringes your copyright, email support@arcadette.com with the elements required by 17 U.S.C. § 512(c): identification of the copyrighted work, a link to the infringing game, your contact information, a good-faith statement, a statement under penalty of perjury that you're authorized to act, and your physical or electronic signature.

We respond to valid notices and, where appropriate, remove content and terminate repeat infringers. If you believe your content was removed in error, you may submit a counter-notice. Knowingly submitting a false notice or counter-notice may expose you to liability under 17 U.S.C. § 512(f).

Our intellectual property

The Service — including our name, logo, mascot, design system, source code, the game engine and runtime, built-in art and copy, and the selection and arrangement of content we create — is owned by Arcadette and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service, including to serve the runtime inside your game on your own site through our embed and play pages, solely as these Terms allow. The game runs from our servers; you may not download, modify, strip, re-host, or redistribute the game files or the runtime, or create derivative works of our proprietary materials without our written permission. All rights not expressly granted are reserved.

Third-party services

The Service relies on platforms we don't control — including Google Firebase, Stripe, SendGrid, Anthropic, and fal.ai, along with others listed in our Privacy Policy — and it sends contacts to services you connect, such as Klaviyo, Mailchimp, and webhooks you set up, and makes discount codes in stores you connect, such as Shopify, WooCommerce, and Stripe, under their terms and your accounts with them. Your use of those platforms is governed by their own terms. We're not responsible for third-party services or sites linked from within the Service, including a Brand's store — you interact with them at your own risk.

Billing

Making a game and playing it on its arcadette.com play page are free. Putting a game on your own site takes a paid plan sized by plays, at the prices on arcadette.com/pricing, which are part of these Terms. Prices are in US dollars. Email contacts are never metered or billed, on any plan. Payments are processed by Stripe; card and bank account numbers never touch our servers.

Billed through Shopify. A workspace with a store that installed Arcadette from Shopify is billed by Shopify instead, on the store's Shopify bill and under Shopify's terms, at the same prices: you approve each plan and pack on Shopify's page, and auto top-up charges there stay under the monthly cap you approved. A workspace already paying through Stripe when a Shopify store joins it stays on Stripe. Moving to Free ends a Shopify-billed plan at once, and Shopify credits the unused part of the period to your bill. Removing Arcadette from the store ends the plan too.

On October 1, 2026, paid plans stopped adding build coins each month: a plan now adds its build coins once, when you move onto it, and build coins from a plan no longer expire when the plan ends. Coins a plan had already added stay yours. We updated this section on September 29, 2026: putting a game on your own site now takes a paid plan, a game that runs out of plays stops until plays reset, a first paid plan starts with auto top-up on, and we spelled out renewals, plan changes, cancellation, refunds and payment methods. If you had a workspace before September 30, 2026, these updates apply to you from October 29, 2026. Until then the earlier version applies to you: games already on your site on the Free plan keep playing there, and a game past its plays keeps playing with prizes and contact capture paused.

What counts. The unit is a play: a qualified run a player starts, including genuine replays. Your own previews, recognized automated traffic, duplicate run requests, and implausibly fast request bursts do not count, and neither does opening a popup or looking at a start screen. Plays are pooled across the sites in your account. Contacts are not metered: a contact never costs anything, however many your games capture (verified phone contacts, below, are the one exception). Your dashboard still labels each contact, for example as a duplicate or as suppressed, so you can see which are new.
Monthly plays. Plays are counted per calendar month (UTC) and reset on the 1st, whatever day your plan renews. Unused plays don't roll over. When your plan changes, the new plan's plays apply from that moment for the rest of the month.
Free plan. On the Free plan, your games play on their arcadette.com play pages, not on your own site. Each workspace gets a number of plays free every calendar month (currently 50), with the badge on. Play packs and auto top-up are not available on the Free plan, so once the month's plays are used, your games stop until the 1st.
Plans and renewal. Paid plans are billed monthly or yearly, in advance, and renew automatically at the end of each billing period, at the price then in effect, until you cancel. We email a receipt when we charge you, and before a yearly plan renews we email you the date and the amount. When you pass your plan's plays for the month, play packs you have bought are used next, then auto top-up while it's on. Past those, your games stop and show that they're out of plays until the 1st, and we email you.
Changing plans. You can move to another plan at any time from your billing settings, and the change takes effect right away. We prorate it by the days left in your current billing period, not by the plays you have used: moving up is charged for the difference, and moving down leaves a credit that is applied to your next invoices.
Cancelling. You can cancel at any time from your billing settings. Your plan stays active until the end of the period you have paid for; then your workspace moves to the Free plan: your games stop showing on your own site and keep playing on their arcadette.com play pages, and your games, contacts and codes stay in your account. We don't refund the unused part of a period you cancel.
Refunds. Charges aren't refundable as a rule: plans, play packs, auto top-ups and build coin packs are paid for up front. But if something went wrong (a charge you didn't mean to make, a plan that renewed while you weren't using it, or Arcadette not doing what it should), email support@arcadette.com within 30 days of the charge and tell us what happened. We read every request and refund when it's fair; a refund in one case doesn't commit us to one in another. Where the law gives you a right to a refund, you get it. Refunds go back to the payment method that paid, and banks usually take 5 to 10 business days to show them.
Play packs and auto top-up. On a paid plan you can buy packs of plays. A pack is charged when you buy it, never expires, and is used after your plan's plays for the month. Auto top-up is on when a workspace starts its first paid plan, and the checkout page says so before you pay. While it's on, each time your plays run out it buys the pack you chose (the smallest pack unless you pick another) on your saved payment method, and we email you a receipt each time. There is no monthly limit unless you set one in your billing settings. It never changes your plan, and you can turn it off or set a limit at any time; with it off, or once your limit is reached, your games stop when your plays run out. If a top-up is declined, nothing is bought, your games stop until the 1st or until you add plays, and we email the workspace's admins.
Your saved payment method. When you start a plan or buy a pack, Stripe saves the payment method you used (for example a card, a wallet such as Apple Pay or Link, or a bank account) so that your plan's renewals, later purchases you confirm, and auto top-up while it's on can be charged to it. You can change it at any time from your billing settings. Bank payments can take a few business days to clear; if one is returned, we may remove the plays or coins it paid for that haven't been used, and we email you.
Build coins. Building or refining a game uses one build coin. A new workspace starts with five. Moving onto a paid plan adds that plan's build coins once (5 with Starter, 15 with Plus, 30 with Growth, 100 with Pro; Scale's are set with each agreement), and moving up to a larger plan adds the difference. Plans don't add build coins each month, and moving down or ending a plan takes none back. Build coin packs are charged when you buy them. Every build coin, given or bought, stays yours until used, on any plan, and doesn't expire. Build coins are not refundable once purchased, except where the law requires, and have no cash value.
Phone contacts. Where you enable SMS verification, each verified phone contact is billed at our carrier cost, shown on the pricing page, and is off by default.
Failed payments. If a plan charge fails, we email you and retry it over the following weeks; your games keep running and keep capturing contacts in the meantime. If every retry fails, the plan ends and your workspace moves to the Free plan: your games stop showing on your own site, keep playing on their play pages, and the badge returns. To keep your plan, update your payment method and pay the open invoice from your billing settings; otherwise the new method is used at the next retry.
Disputes. Think we counted plays we shouldn't have, or charged you in error? Email support@arcadette.com within 30 days of the invoice with what you're seeing. We'll review it, credit any plays that don't meet the definition above, and correct any charge made in error.
Taxes. Prices exclude taxes. Where we're required to collect sales tax or VAT, it's added to the invoice.
Changes to rates are material changes and get at least 30 days' notice under Changes to these Terms. Agency plans and Studio Builds are agreed separately in writing.

Beta & experimental features

From time to time we release beta, preview, or experimental features (collectively, “Beta Features”). Beta Features may be unstable, may change or be removed without notice, and may not work as documented. They are provided “AS IS” without any warranty, and the limitation of liability below applies in full. You agree to keep non-public details of Beta Features confidential until we make them generally available.

Accessibility

We're working to make Arcadette usable by everyone, including people who use assistive technologies: games work with a keyboard, respect reduced-motion settings, and never require sound. If you encounter a barrier, email support@arcadette.com and we'll work with you to find a solution. You can also request an accessible alternative format of these Terms.

Export controls & sanctions

You agree to comply with all US and non-US export control and sanctions laws applicable to the Service. You may not use the Service, and Arcadette does not grant rights, to anyone located in a country or region subject to comprehensive US sanctions, or to anyone on a US Government denied-parties list (including OFAC's Specially Designated Nationals list). You represent and warrant that you are not such a person.

Consumer rights & notices

Mandatory consumer protections (EU, UK, EEA, Australia, and similar)

Nothing in these Terms limits or excludes any mandatory rights you have as a consumer under the laws of your country. Where a provision in these Terms would limit such a right, that provision is modified to the minimum extent necessary to comply with local law; the rest of the Terms remain in effect.

California consumers (Cal. Civ. Code § 1789.3)

California residents may reach the California Department of Consumer Affairs' Complaint Assistance Unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Termination

You can stop using Arcadette at any time. Delete games from your dashboard to stop them everywhere they're placed. To delete your workspace and data, email support@arcadette.com and we'll confirm and remove your information on the schedule in our Privacy Policy; export your contacts first. Outstanding metered charges are invoiced at termination. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service.

Survival. Sections that by their nature should survive termination — including License you give us (to the limited extent described), Feedback, No scraping, no AI training, Billing (for amounts owed), Disclaimers, Limitation of liability, Indemnification, Disputes & arbitration, Governing law, and Miscellaneous — survive.

Disclaimers

The Service is provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, Arcadette disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade. We don't warrant that the Service will be uninterrupted, error-free, or secure; that any game will produce a particular number of plays, shares, or contacts; that generated copy or art is accurate; or that any discount code a Brand pastes will work. Capture rates and benchmarks shown in the Service are informational.

Limitation of liability

To the maximum extent permitted by law, Arcadette and its officers, directors, employees, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, goodwill, or business interruption, arising out of or related to your use of the Service, whether based in contract, tort, statute, or otherwise, even if we've been advised of the possibility of such damages. Our aggregate liability for any claim arising out of or related to these Terms or the Service will not exceed the greater of (a) the total amount you've paid Arcadette in the 12 months before the claim, or (b) US $100.

Some jurisdictions don't allow the exclusion or limitation of certain damages or warranties. In those jurisdictions, these limits apply to the fullest extent permitted, and nothing in these Terms limits liability that cannot be limited under applicable law (including liability for fraud, gross negligence, or death or personal injury caused by our negligence).

Indemnification

You agree to indemnify and hold harmless Arcadette and its personnel from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) Your Content, (b) your use of the Service in violation of these Terms, (c) your marketing to, or handling of, the contacts your games capture, or (d) your violation of any law or any rights of a third party. We'll notify you promptly of any such claim and cooperate reasonably in the defense. We may assume exclusive defense and control at our expense; in that case you agree to cooperate.

Disputes & arbitration

This section affects how legal disputes between you and Arcadette are resolved. Read it carefully.

Informal resolution first (60 days)

Before filing a claim, you agree to send us a written notice at support@arcadette.com describing the dispute, the relief you're seeking, your name, and the email address on your account (or, for players, the address you used to claim). You and Arcadette agree to try to resolve the dispute informally for at least 60 days after that notice is sent. Statutes of limitations and other filing deadlines are tolled during the informal-resolution period.

Binding arbitration

If we can't resolve a dispute informally, you and Arcadette agree to resolve it through final, binding, individual arbitration rather than in court, except as noted in Exceptions below. The Federal Arbitration Act governs the interpretation and enforcement of this agreement. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at adr.org. The arbitrator — not any court — has exclusive authority to resolve disputes relating to the interpretation, enforceability, or formation of this arbitration agreement, except that a court may decide whether a claim falls within the class-action waiver.

Class-action and jury waiver

You and Arcadette each waive the right to participate in a class action, class arbitration, private attorney general action, or other representative action, and each waives any right to a jury trial. Claims must be brought individually.

Coordinated (batch / mass) arbitration

If 25 or more similar demands for arbitration involving the same counsel or coordinated counsel are filed against Arcadette within a 60-day window, the parties agree that the AAA will administer them as a coordinated proceeding in batches of up to 50, with a single arbitrator per batch and filing fees paid per batch rather than per individual demand. This batching is intended to preserve the benefits of individual arbitration while preventing the use of mass arbitration as a coercive fee-generation tactic. Nothing in this paragraph expands either party's right to pursue class or representative actions.

30-day opt-out

You can opt out of this arbitration agreement by emailing support@arcadette.com within 30 days of creating your account (or, for players, within 30 days of your first claim), with your name and the sentence “I opt out of Arcadette arbitration.” Opting out doesn't affect any other part of these Terms.

Exceptions

Nothing in this section prevents either party from seeking injunctive relief in court for intellectual-property infringement, unauthorized access to the Service, or violation of No scraping, no AI training, or from bringing an individual action in small-claims court if it qualifies.

Location and costs

Arbitration will take place in the US county where you live, by telephone or video if either party requests, unless we otherwise agree. Arcadette will pay filing, administration, and arbitrator fees to the extent required by the AAA's Consumer Arbitration Rules. Each party bears its own attorneys' fees unless applicable law or the arbitrator's award provides otherwise.

Severability

If any part of this arbitration section is found unenforceable, the rest remains in force. If the class-action or representative-action waiver is found unenforceable in a particular case, the affected claim will proceed in court, but the arbitration of the remaining claims continues.

Governing law & venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply. For any claim not subject to arbitration, you and Arcadette submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware. If you're a consumer in the EEA, UK, or another jurisdiction with mandatory local consumer-protection laws, you also benefit from those mandatory protections.

Changes to these Terms

We may update these Terms as the Service evolves.

Material changes (for example, a substantive change to how disputes are resolved, the scope of the license you grant us, prices, or what counts as a play): we'll give you at least 30 days' advance notice by in-app banner or email before the change takes effect. You can reject the change by asking us to delete your workspace before the effective date.
Non-material changes (for example, clarifying language, a new contact email, or updated subprocessor references): take effect when posted.
The Last updated date at the top always reflects the current version. If you need a prior version, email support@arcadette.com.

Miscellaneous

Entire agreement. These Terms, our Privacy Policy, and the rate card at arcadette.com/pricing are the entire agreement between you and Arcadette about the Service and supersede any prior agreement on the same subject.
No waiver. Our failure to enforce any provision isn't a waiver of it. A waiver is only effective if signed by an authorized Arcadette representative.
Severability. If a provision is found unenforceable, the rest of the Terms remain in effect and the provision is reformed to the minimum extent necessary.
Assignment. You may not assign these Terms without our prior written consent; any attempted assignment is void. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
No agency. These Terms don't create a partnership, joint venture, employment, or agency relationship.
Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, fire, flood, strike, war, terrorism, pandemic, internet or power outages, or actions of third parties or governments.
Notices to you may be sent to the email address on your account or posted in-app. Notices to us must go to support@arcadette.com.
Headings are for convenience only and don't affect interpretation.
Language. The English version of these Terms controls; translations are provided for convenience.

Contact

Legal notices, support requests, privacy questions, billing disputes, safety reports, copyright notices, and EU DSA matters all go to support@arcadette.com — Arcadette is a small independent operation, so a single inbox keeps things simple. Say-hi-type messages are welcome at hello@arcadette.com.