Creators.gg Creator Terms of Service

Last Updated: March 20, 2026

IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ACCESSING, USING, OR SUBMITTING ANY INFORMATION THROUGH OUR SERVICES. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. BY USING OR ACCESSING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES, YOU AGREE THAT DISPUTES BETWEEN YOU AND PRAGMA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

These Creator Terms of Service (these “Terms”) are entered into by and between you (“you,” “your,” or “Creator”) and Pragma Platform, Inc., a Delaware corporation, d/b/a Creators.gg (“Pragma,” “we,” “our,” or “us”). These Terms govern your access to and use of the Services (as defined below) available through the Creators.gg platform. The Creators.gg platform operates as a marketplace that connects Creators with Studios for paid campaign opportunities. Pragma facilitates these connections and provides the platform infrastructure, but is not a party to, and does not assume any obligations under, the individual Campaign arrangements between Studios and Creators, except as expressly set forth in these Terms.

By creating an account, clicking “I Accept,” or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

Pragma may update these Terms from time to time. Your continued use of the Services after any updates constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to discontinue use of the Services.

The Creators.gg platform is part of the Pragma FirstLook ecosystem. Pragma also operates Player.gg (for players) and the FirstLook platform (for studios). Certain features of the Services may enable you to participate in activities across these related platforms, subject to the applicable terms for each.

Definitions

“Applicable Laws” means all applicable laws, rules, regulations, industry codes of practice, and regulatory guidelines, including without limitation FTC guidelines regarding endorsements and testimonials in advertising.

“Campaign” means a marketing or promotional initiative created by a Studio through the FirstLook platform, specifying content requirements, budget, compensation rates, guidelines, and other applicable details.

“Campaign Details” means the specific terms, description, content guidelines, Fees, deliverables, and other requirements for a given Campaign as specified in the Services or otherwise communicated in writing by the applicable Studio.

“Confidential Information” means any non-public information disclosed by either party to the other, directly or indirectly, in writing, orally, or by inspection, which a reasonable person would consider confidential, including without limitation prerelease game information, unreleased gameplay footage, campaign budgets, payout rates, business strategies, and proprietary game assets. Confidential Information does not include information that (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is disclosed to the receiving party by a third party without breach of confidentiality obligations; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

“Creator Content” means any data, content, or other information that you input into, submit through, or otherwise make available via the Services, including without limitation videos, streams, clips, thumbnails, descriptions, social media posts, and any other materials created in connection with a Campaign.

“Creator Systems” means your online accounts, social media accounts, and information technology infrastructure, including computers, software, hardware, databases, and networks, whether operated directly by you or through the use of third party services.

“Documentation” means the technical documentation, user guides, FAQs, and other instructional materials made available by Pragma for the Services.

“Embargo Date” means the date specified by a Studio in the Campaign Details before which Creator Content and Campaign related information may not be published or disclosed.

“Fees” means the compensation you may earn when your Creator Content is approved by a Studio in connection with a Campaign, as specified in the applicable Campaign Details.

“Feedback” means any suggestions, enhancement requests, recommendations, or other comments you provide to Pragma regarding the Services.

“Platform” means the Pragma platform used by Studios to manage playtests, creator programs, and player communities, which includes the Creators.gg, Player.gg, and FirstLook branded services.

“Game Keys” means digital activation codes (including game keys and DLC keys) provided by a Studio through the Services for the Creator’s personal use in creating Campaign content.

“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights law, in any part of the world.

“Invalid Activity” means any activity that artificially inflates performance metrics, including without limitation purchased or fabricated views, automated or incentivized traffic, use of bots, click farms, view exchange services, engagement pods, raid groups designed to inflate stats, or any other activity that does not reflect genuine viewer interest.

“Profile Content” means the information, images, biographical text, portfolio media, and other content you upload to or display on your Creator profile on the Services.

“Services” means the Creators.gg website, platform, tools, and features made available by Pragma to Creators, including Campaign discovery, content submission, performance tracking, payment processing, and creator profile hosting.

“Studio” means a game developer, publisher, brand, or other entity that creates and funds Campaigns through the Platform.

“Usage Data” means de-identified, anonymized, or aggregated data regarding your use of the Services, including content performance metrics, platform usage patterns, and other analytics data.

Access to and Use of the Services

Right to Use the Services

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right, during the Agreement Term, to access and use the Services to discover Campaigns, submit Creator Content, track performance, and receive Fees.

Eligibility

To create an account and use the Services, you must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. By creating an account, you represent and warrant that you meet these requirements. You must provide accurate, current, and complete information during registration, including your legal name, email address, and applicable tax identification information.

Account Security

You are solely responsible for (a) maintaining the confidentiality and security of your account credentials, (b) all activities that occur under your account, (c) the security and management of your Creator Content and Creator Systems, and (d) ensuring your credentials are not shared with any other person. You will use reasonable efforts to prevent unauthorized use of the Services and will immediately notify us at support@pragma.gg if you discover any unauthorized access. You may maintain only one Creator account. Creating multiple accounts to circumvent restrictions, earning caps, or other limitations constitutes a material breach of these Terms.

Use Restrictions

You represent and warrant that you will not, directly or indirectly:

use the Services in any manner that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other right of any person, or that violates any Applicable Laws;
copy, modify, or create derivative versions of the Services, in whole or in part;
distribute, publish, transfer, publicly display, rent, lease, lend, share, sell, license, sublicense, redistribute, or otherwise make the Services available to any third party;
reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component or source code of the Services;
remove any proprietary notices from the Services;
attempt to cloak or conceal your identity when requesting authorization to use the Services;
access the Services in any manner that compromises, breaks, or circumvents any of our technical processes, security measures, or access controls;
transmit or upload any virus, worm, malware, or other malicious computer code to the Services;
use the Services for any purpose that competes with Pragma, including to replicate, compete with, or attempt to build or replace the features, functionality, or user experience of the Services;
use the Services in a manner that adversely affects the performance, stability, or security of the Services;
engage in any form of Invalid Activity, including purchasing views, using bots, click farms, view exchange services, engagement pods, or any artificial inflation of performance metrics;
create multiple accounts or circumvent any restrictions, fees, or limitations imposed by or through the Services; or
input any sensitive data (including social security numbers, protected health information, or similar regulated data) into the Services.

Right to Suspend

We may restrict functionality or suspend your use of the Services if we reasonably believe such suspension is necessary to prevent unauthorized use of the Services, to prevent violation of these Terms, to prevent violation of any Applicable Laws, or to protect the rights, safety, or property of Pragma, Studios, or other users.

Updates to the Services

You acknowledge that Pragma, in its sole discretion, has the right to update, suspend, or modify any and all aspects of the Services from time to time. We will endeavor to provide reasonable notice of any material changes to Service features or functionality.

Cross Platform Participation

The Services may offer you the opportunity to participate in activities on related Pragma platforms, such as playtesting opportunities through Players.gg or studio-initiated campaigns through your Creator account. Any such cross-platform participation will be subject to the applicable terms of the relevant platform. Your Creator account and your player account (if any) are separate, and participation on one platform does not automatically grant access to features on another. However, you may move between account types (e.g., from player to creator) through the available account settings, subject to meeting the eligibility requirements for the applicable account type.

Campaigns and Creator Content

Campaign Participation

Through the Services, you may browse available Campaigns and apply to participate. Each Campaign is created by a Studio and will include Campaign Details specifying content requirements, deliverables, timelines, compensation rates, and any applicable restrictions. By accepting a Campaign, you agree to enter into an agreement directly with the Studio under the terms of the Campaign Details (each a “Studio-Creator Agreement”). The Studio-Creator Agreement, governs your rights and obligations with respect to each Campaign. For the avoidance of doubt, Pragma facilitates the connection between Studios and Creators through the Services.

Studio-Creator Agreement

You acknowledge and agree that: (a) the Studio-Creator Agreement is the exclusive agreement governing your Campaign engagements with Studios facilitated through the Services; (b) you will not enter into any separate agreement with a Studio that modifies, supersedes, or conflicts with the Studio-Creator Agreement for Campaigns facilitated through the Services; (c) any material breach of the Studio-Creator Agreement may also constitute a breach of these Terms.

Content Submission and Approval

You will submit Creator Content to the applicable Studio through the Services in accordance with the Campaign Details. Studios are solely responsible for reviewing and approving (or rejecting) Creator Content. Studio approval of Creator Content triggers the applicable Fee payment. Pragma does not have an obligation to review, monitor, or approve Campaigns, Campaign Details, or Creator Content and is not responsible or liable for any Campaign, Campaign Details, or Creator Content in any manner.

Creator Content Standards

You represent and warrant that all Creator Content will:

be original and authentically created by you, and must include your own commentary, review, analysis, or other transformative creative input (raw, unedited, or silent gameplay footage alone does not satisfy this requirement);
comply with all Applicable Laws, including without limitation the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, the FTC’s guidance on clear and conspicuous disclosures in social media advertising, and all applicable advertising standards;
comply with all applicable Campaign Details, including content guidelines, platform requirements, and brand guidelines;
include all required sponsorship disclosures (e.g., #ad, #sponsored, paid partnership labels) as required by Applicable Laws and platform policies, clearly, conspicuously, and unavoidably within the content;
not infringe, misappropriate, or otherwise violate any Intellectual Property Rights or other right of any person or entity;
reflect your honest and accurate opinions about your experience and not otherwise be false, deceptive, abusive, unfair, or misleading;
not promote any material that is harmful, threatening, defamatory, libelous, obscene, pornographic, sexually explicit, harassing, or that promotes violence, discrimination, illegal activities, or profanity;
not target individuals under the age of 18 or offer products or services that are illegal for minors;
not be created primarily by AI or generative tools without explicit disclosure to the Studio and Pragma and prior Studio approval; and
comply with the content policies of each third party platform on which the Creator Content is published (including YouTube, TikTok, Twitch, Instagram, and similar platforms).

Embargo and Prerelease Content

Certain Campaigns may include Embargo Dates, non-disclosure requirements, or involve prerelease game content. You must:

not publish or disclose any Creator Content or Campaign-related information before the specified Embargo Date;
not share embargoed game information, unreleased screenshots, gameplay footage, or prerelease content outside the specified Campaign scope and timeline;
comply with any NDA or confidentiality requirements specified in the Campaign Details;
acknowledge that prerelease builds and materials may contain unique digital watermarks (visible or invisible) to trace unauthorized disclosures; and
return or destroy all confidential materials upon Campaign completion or account termination.

Violation of an embargo is a material breach of these Terms and may result in rejection of the submission, forfeiture of Fees for that Campaign, immediate account suspension or termination, and potential legal action.

Game Keys and Access Codes

Studios may provide Game Keys through the Services for your use in creating Campaign content. With respect to Game Keys, you agree that:

Game Keys are provided solely for your personal use in creating content for the applicable Campaign and are a limited, revocable license that may be terminated at any time;
you will not claim Game Keys for Campaigns you do not actively participate in or intend to create content for;
key abuse (including claiming without creating content, reselling, or sharing) will result in immediate account suspension and forfeiture of all pending earnings; and
Pragma does not guarantee the functionality of Game Keys and is not liable for keys that fail to activate due to regional restrictions, platform issues, or Studio errors.

Content Availability

Unless otherwise specified in the Campaign Details, you agree to keep submitted Creator Content live and publicly accessible for a minimum of thirty (30) days after submission. If you delete or make private any submitted Creator Content before the minimum display period, Pragma may reclaim the associated Fee and apply a penalty to your account standing.

User Acknowledgments

You acknowledge and agree that: (a) submitting Creator Content in connection with a Campaign does not create any employment, agency, or other legal relationship between you and a Studio or between you and Pragma; (b) a Studio has no obligation to use, publish, post, or otherwise disseminate your Creator Content; (c) a Studio may make Creator Content inaccessible and upon request you will immediately remove or take down Creator Content at the Studio’s sole discretion; (d) you are solely responsible for your interactions with each Studio; and (e) the relationship between Studios and Creators is that of independent contractors, not employer-employee; and (f) your Campaign engagement with each Studio is governed by the Studio-Creator Agreement and the applicable Campaign Details.

Fees and Payments

Earning Fees

If your Creator Content is approved by a Studio for use in a Campaign, you may earn Fees in accordance with the Studio-Creator Agreement and the applicable Campaign Details. Creator Fees are owed by the applicable Studio under the Studio-Creator Agreement. For the avoidance of doubt, no Fees are due and owed to you unless and until a Studio approves your Creator Content for use in a Campaign. Fees are calculated based on the performance metrics or fixed rates specified in the Campaign Details. Pragma does not guarantee any minimum level of Fees or Campaign availability.

Payment Processing

Payment for earned Fees will be sent to the financial account that you designate within the Services (your “Payment Account”). Payouts are processed on a monthly basis for the previous period’s finalized earnings. Pragma reserves the right to establish minimum payout thresholds, earning verification periods, and other payment processing requirements as communicated through the Services. Payouts may be facilitated through a third party payment processor, and by using the payout features, you agree to be bound by such processor’s applicable terms of service. You acknowledge that Pragma (including through a third party, if applicable) may processes Creator Fee payments on behalf of Studios as a service of the Platform. Pragma’s (or the applicable third party’s) obligation is limited to disbursing payments it has received from Studios in connection with approved Creator Content.

To the extent that Pragma utilizes a third party payment processor to facilitate any payments hereunder, you acknowledge and agree that Pragma shall not be liable for any errors, delays, or other issues arising from such third party payment processing.

Payment Account

You are solely responsible for providing and maintaining accurate Payment Account information. Pragma is not liable for failed or misdirected payments due to incorrect information provided by you. If you fail to designate a Payment Account within the time period specified in the Services, Pragma may forfeit unclaimed Fees in accordance with applicable law.

Taxes

You are solely responsible for determining, reporting, and paying all applicable taxes on Fees received through the Services. Pragma does not withhold taxes on Creator payouts unless required by law. Pragma may request tax identification documentation (e.g., W-9, W-8BEN, or equivalent) and may withhold payments until such documentation is provided. For U.S.-based Creators earning over $600 in a calendar year, Pragma will issue a 1099-NEC form as required by the IRS.

Disputed and Withheld Payments

Pragma reserves the right to withhold, delay, or reverse payments if fraud, Invalid Activity, or a violation of these Terms is suspected. If a content submission is found to violate Campaign guidelines or these Terms after payment has been issued, Pragma may deduct the corresponding amount from your future earnings. You may dispute withheld payments by contacting support@pragma.gg within fourteen (14) days of the withholding notice.

Metric Verification

Pragma tracks content performance using a combination of official platform APIs, automated monitoring, and manual review. Pragma’s recorded metrics are the basis for all Fee calculations. You acknowledge that metrics collected from third party platforms may be subject to delays, corrections, or adjustments, and that Pragma is not responsible for discrepancies caused by third party platform changes or API limitations. Metrics may be retroactively adjusted if a third party platform revises its counts. Payouts based on inflated or invalid metrics may be reclaimed.

Intellectual Property Rights

Creator Content

By submitting Creator Content through the Services, you grant:

To the applicable Studio: Unless otherwise specified in the Studio-Creator Agreement, a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the Creator Content for promotional purposes directly related to the Campaign game, for a period of twelve (12) months from submission (or such other period as specified in the Campaign Details). This license covers use on the Studio’s official channels, store pages, marketing materials, and social media. Creator understands that Studios may require exclusive rights, extended license periods, or additional usage rights (e.g., paid advertising, broadcast) and may specify them in the Campaign Details, and Creator hereby agrees to such additional licensing terms to the extent set forth in the Studio-Creator Agreement.

To Pragma: A non-exclusive, revocable, worldwide, limited, fully paid-up and royalty-free right to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze your Creator Content for the sole purpose of operating, providing, and improving the Services. Pragma may also use Creator Content for platform marketing, case studies, and portfolio purposes.

Neither Pragma nor Studios may misattribute statements or imply endorsements not actually made by the Creator.

Studio Intellectual Property

Studios retain all Intellectual Property Rights in their game titles, trademarks, logos, game assets, screenshots, trailers, and marketing materials provided through Campaigns. Your rights to such assets and materials are limited to those expressly granted by the Studios in their Campaign details. All rights licensed to you will automatically terminate upon Campaign completion or your removal from the Campaign. You may not use Studio assets for any purpose other than the specific Campaign for which they were provided and within the scope of the license granted to you by the applicable Studio. All use of logos or trademarks must be in strict compliance with any trademark guidelines published by the applicable Studio, and you agree that you will not modify or alter any logos or trademarks of the applicable Studio, including without limitation, through the use of generative AI. Any goodwill arising from your use of Studio trademarks inures solely to the benefit of the applicable Studio.

Pragma Platform IP

Pragma retains all Intellectual Property Rights in, and sole ownership of, the Services and the Platform, along with all Intellectual Property Rights related to the Services and Platform, including the Creators.gg name, logo, design, code, algorithms, and all platform features. Your use of the Services does not give you any additional rights in the Services or any Intellectual Property Rights associated with the Services.

Feedback

All Feedback is and will be treated as non-confidential. You hereby assign to Pragma all right, title, and interest in any Feedback. Pragma is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback for any purpose whatsoever. Pragma is not required to use any Feedback.

Data Privacy, Security, and Profile Visibility

Privacy and Security

You acknowledge and agree that Pragma will collect, use, and disclose your personal information in accordance with our Privacy Policy, available at https://firstlook.gg/legal/privacy/. Pragma has implemented measures intended to secure your Creator Content from accidental loss and from unauthorized access, use, alteration, and disclosure. However, we do not guarantee the security of your Creator Content. Any transmission of Creator Content is at your own risk.

By creating a Creator account, you grant Pragma the right to:

display your Creator profile, connected social media statistics, content history, and past Campaign performance to Studios on the Services for the purpose of Campaign discovery and matching;
share performance reports and metrics with Studios for Campaigns you have accepted or completed;
use your name, username, profile image, and biographical information in connection with the operation of the Services; and
if you use any single sign-on or “Sign in with Creators.gg” functionality on third party websites (e.g., a Studio’s white label site), share your basic profile information with that third party, subject to that third party’s privacy policy.

Data Use

You acknowledge and agree that Pragma may use Usage Data to: (a) operate, improve, and support the Services; (b) develop or enhance new products and services; (c) develop and publish benchmarks and similar informational reports for internal purposes or sharing with external parties; and (d) for any other lawful purpose. Pragma will own all Intellectual Property Rights in, and sole ownership of, such Usage Data and any data derived therefrom.

Third Party Platform Data

By connecting your third party platform accounts (e.g., YouTube, TikTok, Twitch, Instagram, etc.) to the Services, you grant Pragma permission to access publicly available data and metrics as permitted by each platform’s API terms. You acknowledge that third party platform data availability, API rate limits, and metric accuracy are governed by those platforms’ policies and are outside Pragma’s control.

Data Processing Agreement

Pragma’s Data Processing Agreement is available for review at https://firstlook.gg/legal/dpa (the “DPA”) and is incorporated by reference and subject to these Terms. Pragma reserves the right to update the DPA from time to time as necessary in response to changes in applicable law, provided that such changes are no less protective of personal information processed in connection with the Services.

Profile Content and User Generated Content

License to Host

You grant Pragma a non-exclusive, worldwide, royalty-free license to host, display, cache, and distribute your Profile Content for the purpose of operating the Services, including displaying your profile to Studios and other platform users.

Profile Content Standards

You represent and warrant that your Profile Content: (a) does not infringe any third party Intellectual Property Rights, privacy rights, or publicity rights; (b) does not contain nudity, sexually explicit material, hate speech, or content promoting violence or discrimination; (c) does not contain illegal content or promote illegal activities; and (d) complies with all Applicable Laws. Pragma reserves the right to remove any Profile Content that violates these standards at any time without notice.

DMCA Compliance

If you believe content on the Services infringes your copyright, submit a DMCA notice to support@pragma.gg including: (a) identification of the copyrighted work, (b) identification of the infringing material, (c) your contact information, (d) a statement of good faith belief, and (e) a statement under penalty of perjury that the information is accurate. Repeat infringers will have their accounts terminated.

Confidentiality

Protection of Confidential Information

Each party will: (a) not disclose, use, transmit, inform, or make available to any entity, person, or body any of the Confidential Information of the other party for any purpose outside the scope of these Terms; and (b) take all actions reasonably necessary and appropriate to prevent the unauthorized disclosure of such Confidential Information, and at all times exercise at least a reasonable level of care to safeguard such Confidential Information. Each party agrees to restrict access to the Confidential Information of the other party to those employees, advisors, agents, and other representatives who require access in order to perform its obligations hereunder and who are subject to confidentiality obligations consistent with these Terms.

Compelled Disclosure

The receiving party will not be in violation of its confidentiality obligations for disclosing Confidential Information as required by applicable law or regulation or in response to a valid order by a court or other governmental body, as long as the receiving party provides the disclosing party (to the extent legally permissible) with prior written notice of the disclosure to permit the disclosing party to seek confidential treatment of that information, and limits such disclosure to what is required by law or legal order.

Warranties and Disclaimers

Creator Warranties

You represent and warrant that: (a) the information you provide in registering for the Services is accurate, complete, and rightfully yours to use; (b) you are 18 years old or older; (c) you will use the Services in compliance with these Terms, Applicable Laws, and all guidelines, standards, and other requirements that may be implemented by Pragma from time to time with respect to use of the Services; (d) you are authorized to submit the Creator Content and your Creator Content has not been collected, stored, or transferred in violation of Applicable Laws; (e) you are not a competitor of Pragma or using the Services for purposes that are competitive with Pragma; (f) you will comply with all applicable advertising disclosure requirements, including FTC guidelines; (g) you have no conflicting commitments or obligations that would interfere with your ability to perform under these Terms; and (h) you have all rights necessary to grant the licenses described in these Terms, including from any individuals, musicians, or third parties depicted or included in your Creator Content.

Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, GUARANTEES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, DESIGN, TITLE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRAGMA RELIES ON THIRD PARTY SERVICE PROVIDERS AND THEREFORE DOES NOT WARRANT THAT THE SERVICES, OR ANY INFORMATION PROVIDED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, AVAILABLE, ACCESSIBLE, SECURE, TIMELY, ACCURATE, COMPLETE, FREE FROM VIRUSES, ERROR FREE, OR WILL ALWAYS BE AVAILABLE. WE DO NOT PROVIDE ANY WARRANTIES, INDEMNITIES, OR REMEDIES FOR ANY TRIALS AND BETA FEATURES. TRIALS AND BETA FEATURES ARE OPTIONAL AND ARE USED AT YOUR OWN RISK.

Limitation of Liability, Indemnification, and Termination

Force Majeure

Neither party will be liable to the other party for any loss, damage, or delay that may be suffered by a party due to any event or circumstance beyond a party’s control, including but not limited to cyber attacks, cyber warfare, third party hacks, pandemic, epidemic, any act of nature, inclement weather, failure or shortage of power supplies, flood, fire, strike, trade dispute or labor disturbance, the act or omission of a governmental entity, war, military operations, acts of terrorism, or the failure of a third party to perform a function essential to the performance by a party of the duties and obligations under these Terms.

NEITHER PRAGMA NOR ITS RESPECTIVE AFFILIATES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CREATOR, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, BUSINESS, OR DATA; BUSINESS INTERRUPTION; OR LOSS OF GOODWILL OR REPUTATION, REGARDLESS OF WHETHER PRAGMA IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR ANY LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

Limitation on Liability

UNDER NO CIRCUMSTANCES WILL PRAGMA’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED FIVE HUNDRED DOLLARS ($500.00). IN NO EVENT WILL PRAGMA BE LIABLE FOR ANY DAMAGES FOR SERVICES PROVIDED ON A FREE TRIAL BASIS OR FOR BETA PRODUCTS.

Indemnification

You agree to defend, indemnify, and hold Pragma (along with its affiliates and their respective officers, directors, employees, contractors, and agents) harmless from and against any and all claims, losses, demands, liabilities, damages, settlements, expenses, and costs (including reasonable attorney’s fees) brought against Pragma that arises from or relates to: (a) your breach of these Terms; (b) your Creator Content; (c) your violation of any third party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (d) your violation of any Applicable Law or regulation; (e) your breach of any embargo, NDA, or confidentiality obligation; and (f) any dispute between you and another user of the Services or a Studio.

Agreement Term

The term of these Terms commences when you access the Services or otherwise accept these Terms (whichever is first) and will continue in effect until terminated as set forth herein (the “Agreement Term”).

Termination by Either Party

Either party may terminate these Terms at their convenience at any time, with or without cause, by providing written notice to the other party (which may be by email). In addition, each party may terminate these Terms upon written notice in the event the other party commits any material breach of these Terms and fails to remedy such breach within fifteen (15) days after written notice of such breach.

Suspension and Termination by Pragma

Pragma may suspend or terminate your account at any time for:

violation of these Terms or any applicable policies;
fraudulent activity, Invalid Activity, or suspected fraud;
breach of any embargo, NDA, or confidentiality obligation;
Game Key abuse, including reselling, hoarding, or farming;
extended inactivity (twelve (12) months with no Campaign activity);
legal requirements, court orders, or regulatory obligations; or
at Pragma’s reasonable discretion, with thirty (30) days’ notice for accounts in good standing.

Effect of Termination

Upon expiration or termination of these Terms:

any and all liabilities accrued prior to the effective date of termination will survive;
your access to and use of the Services will cease;
all active Game Keys and pre-release access may be revoked;
unless terminated based on your breach, any earned but unpaid Fees above the minimum payout threshold will be paid out in the next regular payout cycle (subject to fraud verification);
unearned Fees, Fees below the minimum payout threshold, and Fees associated with fraudulent or Invalid Activity may be forfeited; and
Pragma may permanently delete your information, settings, and Creator Content within thirty (30) days of termination with no liability or notice to you.

Survival

Sections 5 (Intellectual Property Rights), 6 (Data Privacy), 8 (Confidentiality), 9 (Warranties and Disclaimers), 10 (Limitation of Liability, Indemnification, and Termination), and 11 (Dispute Resolution), as well as any provisions that by their nature should survive termination, will survive any termination or expiration of these Terms.

Dispute Resolution

Governing Law

These Terms will be governed by the laws of the State of California, exclusive of its rules governing choice of law and conflict of laws. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Informal Resolution and Arbitration

Any disputes arising from these Terms must first be addressed through good faith negotiation by contacting support@pragma.gg. The parties agree to attempt to resolve any dispute informally for a period of at least thirty (30) days before initiating any formal proceedings. If a dispute cannot be resolved informally within thirty (30) days, it will be submitted to binding, final, and confidential arbitration before a single arbitrator administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will take place in Los Angeles County, California, or remotely at the arbitrator’s discretion. The arbitrator will have the exclusive and sole authority for determining whether a dispute or claim is arbitrable, and will follow applicable substantive law of the State of California. The arbitrator may only resolve disputes between you and Pragma and may not consolidate claims or proceedings without Pragma’s consent.

Class Action Waiver

YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

You may opt out of arbitration within thirty (30) days of the date that you first access or use the Services by sending a letter to: Pragma Platform, Inc., Attn: Legal Department, 1301 N Broadway, Suite 13963, Los Angeles, CA 90012, stating your name, the website you accessed or used, and your intent to opt out of arbitration. Unless you timely opt out, you will not have the right to have a court or jury decide your dispute.

Injunctive Relief

Notwithstanding anything to the contrary herein, you agree that Pragma has the right to bring a claim against you in the state or federal courts of California for injunctive relief, equitable relief, or otherwise arising from any potential or actual misappropriation or infringement of Pragma’s Intellectual Property Rights, or any breach of the confidentiality or embargo provisions of these Terms, and you agree that venue is proper and that you are subject to personal jurisdiction in such forum.

General Provisions

Entire Agreement

These Terms (including any Campaign Details you accept) are the entire agreement between you and Pragma regarding its subject matter and supersede all prior and contemporaneous agreements regarding its subject matter.

Assignment

You may not assign or transfer these Terms without Pragma’s prior written consent. Pragma may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. Any non-permitted assignment by you is void. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns.

Relationship of the Parties

The parties are independent contractors. Nothing in these Terms will be construed to create any association, partnership, agency, employment, or joint venture between the parties. Neither party will have the authority to obligate or bind the other in any manner. There are no third party beneficiaries to these Terms, except as expressly stated.

Notices and Publicity

Notices, requests, and approvals under these Terms must be in writing. Notices to Pragma must be sent to: Pragma Platform, Inc., 1301 N Broadway, Suite 13963, Los Angeles, CA 90012, Attn: Legal. Notices to you will be sent to the primary email address or mailing address associated with your account. Notices will be deemed given upon delivery if by email. Pragma may refer to your name, username, and profile information in Pragma’s marketing materials, website, and case studies in connection with the Services. Pragma will not use your name or likeness in any other publicity (e.g., press releases) without your prior written consent (which may be by email).

Export Compliance

Each party will comply with the applicable export laws and regulations of the United States, European Union, and other applicable jurisdictions in providing and using the Services.

Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, it will be limited to the minimum extent necessary so the rest of these Terms remains in effect.

Waiver

Waivers must be signed by the waiving party’s authorized representative(s) and cannot be implied from conduct. Failure or delay by either party to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision.

Updates to Terms

Pragma may modify any part or all of these Terms by posting a revised version at https://creators.gg. The revised version will become effective and binding the next business day after it is posted. Pragma will provide you with notice of the revision by email or via notification through the Services.

Contact Information

For questions, concerns, or notices regarding these Terms:

Pragma Platform, Inc. 1301 N Broadway, Suite 13963 Los Angeles, CA 90012 support@pragma.gg