FirstLook Player Terms of Service

Last Updated: August 19, 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 FirstLook Player Terms of Service (these “Terms”) are entered into by and between you (“you,” “your,” or “Player”) and Pragma Platform, Inc., a Delaware corporation, d/b/a FirstLook, Player.gg, and Creators.gg (“Pragma,” “we,” “our,” or “us”). These Terms govern your access to and use of the Services (as defined below) made available through the FirstLook platform, including the firstlook.gg, player.gg, and creators.gg websites and related tools and features. The Platform is a single ecosystem operated by Pragma: depending on the features you choose to use, you may participate as a playtester in game tests and surveys, as a creator in paid Studio campaigns, as a curator operating a Publication (including, if approved, a monetized Partner Publication), or in any combination of those roles, all under one account and this one agreement.

These Terms are organized so that you only need to accept one agreement:

Sections 1 through 4 and Sections 8 through 17 apply to every Player.
Section 5 (Playtesting) applies only if and to the extent you participate in playtests, surveys, or similar games research.
Section 6 (Creator Campaigns) applies only if and to the extent you participate in paid Campaigns offered by Studios.
Section 7 (Curator Publications and Paid Subscriptions) applies only if and to the extent you operate a Publication, and the Paid Subscription provisions of Section 7 apply only if and for so long as your Publication is approved as a Partner Publication.

If you never engage in a particular activity, the corresponding role-specific Section simply does not apply to you. If you engage in more than one activity, each applicable Section applies to the corresponding activity.

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 as described in Section 17 (Updates to Terms). Your continued use of the Services after the effective date of any update 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.

1. 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, consumer protection and automatic renewal laws, data protection and privacy laws, and laws governing commercial electronic messages (including the CAN-SPAM Act).

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

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

“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.

“Community Content” means any reviews, comments, ratings, forum or community posts, messages, and other content or information that you submit to or through publicly accessible or community areas of the Platform, other than Campaign Content, Publication Content, and Playtest Data.

“Confidential Information” means any non-public information disclosed by either party to the other, or obtained by you through the Platform or in connection with a playtest, Campaign, or Publication opportunity, directly or indirectly, in writing, orally, or by inspection, which a reasonable person would consider confidential, including without limitation prerelease game information, unreleased game content, mechanics, artwork, and unpublished features, unreleased gameplay footage, embargoed announcements, 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.

“Curator Program” means the application- or invitation-based program through which Pragma makes the Curator Services available, including the Curator, Publication, and Partner Publication designations (or any successor designations) described in the Services.

“Curator Services” means the Platform tools and features made available by Pragma to Players who operate Publications, including publication hosting, writing and game-embedding tools, newsletter distribution, subscriber management and analytics, game key and playtest invitation distribution, custom domain support, and, for Partner Publications, Paid Subscription facilitation and payment processing.

“Embargo Date” means the date specified by a Studio before which particular Campaign Content, Publication Content, or related information may not be published or disclosed.

“Fees” means the compensation you may earn when your Campaign 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.

“Game Keys” means digital activation codes (including game keys, demo codes, and DLC keys) provided by a Studio or Pragma through the Services.

“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, manipulates, or otherwise affects subscriptions, views, impressions, engagement, traffic, or other performance metrics, or that generates or increases them by any means other than organic, unpaid distribution, including without limitation: (a) purchased, paid, fabricated, automated, or incentivized views, impressions, engagement, subscriptions, or traffic; (b) any advertising, paid promotion, paid placement, “boosting,” sponsored amplification, or other use of money or consideration to acquire, drive, or increase views, impressions, or engagement on Campaign Content, whether or not the resulting views, impressions, or engagement originate from real persons or reflect genuine viewer interest; (c) fake, fraudulent, or self-dealing subscriptions, or subscriptions purchased with stolen or unauthorized payment methods; (d) use of bots, click farms, view exchange services, engagement pods, or raid groups designed to inflate statistics; (e) manipulation of the Services’ discovery, ranking, or recommendation features; and (f) any other activity that does not reflect genuine, organic viewer or reader interest.

“Paid Subscription” means a paid subscription to a Publication (whether recurring or for a fixed period, and including any pay-what-you-wish or gift options made available through the Services) purchased by a Subscriber through the Services.

“Partner Publication” means a Publication that Pragma has approved to offer Paid Subscriptions and any related monetization features.

“Payment Processor” means the third-party payment processor(s) engaged by Pragma or its affiliates to process Subscription Fees, Fees, and payouts.

“Platform” means the Pragma platform used by Studios and Players to run and participate in playtests, creator programs, campaigns, publications, and player communities, which includes the FirstLook, Player.gg, and Creators.gg branded services and websites.

“Platform Fee” means the portion of Subscription Fees retained by Pragma for operating the Curator Services. Unless otherwise agreed in writing or specified in the Services, the Platform Fee is ten percent (10%) of gross Subscription Fees, calculated before deduction of any payment processing, currency conversion, or similar fees.

“Playtest Agreement” means a separate agreement between you and the applicable Studio governing your participation in an individual playtest.

“Playtest Data” means all telemetry, gameplay footage, video and audio recordings, survey responses, questionnaire responses, conclusions, suggestions, comments, reports, and other information generated by you or collected from you in connection with a playtest or similar games research through the Platform.

“Profile Content” means the information, images, biographical text, portfolio media, publication branding, connected social media statistics, and other content you upload to or display on your Player profile, creator profile, or Publication home page on the Services.

“Publication” means the curator page or publication hosted through the Curator Services under your account, including its posts, newsletters, collections, branding, and Subscriber relationships, whether accessed through the Platform or an approved custom domain.

“Publication Content” means any data, content, or other information that you or your contributors create, input into, submit through, publish, or otherwise make available via the Services in connection with your Publication, including without limitation articles, posts, reviews, newsletters, game collections and recommendations, images, audio, video, comments, and any other editorial materials.

“Revenue Share” means, for any period, the Subscription Fees actually received for your Publication during such period (excluding any amounts attributable to Invalid Activity), less (a) the Platform Fee; (b) any payment processing, currency conversion, or similar fees not included in the Platform Fee; and (c) refunds, chargebacks, and associated fees (in each case net of any associated Platform Fee reversed pursuant to Section 7).

“Services” means the firstlook.gg, player.gg, and creators.gg websites, platforms, tools, and features made available by Pragma to Players, including playtest matching and participation, Campaign discovery, content submission, performance tracking, the Curator Services, payment processing facilitation, and profile hosting.

“Studio” means a game developer, publisher, brand, or other entity that uses the Platform, including to run playtests, distribute Game Keys, or create and fund Campaigns.

“Subscriber” means a user of the Services who follows, subscribes to, or purchases a Paid Subscription to your Publication.

“Subscriber Data” means information regarding Subscribers to your Publication that is made available to you through the Services, such as names, email addresses, and subscription status.

“Subscription Fees” means the amounts paid by Subscribers for Paid Subscriptions to your Publication, exclusive of any taxes collected from Subscribers.

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

“Your Content” means, collectively, your Campaign Content, Publication Content, Community Content, Profile Content, and Playtest Data.

2. Accounts, Eligibility, and Acceptance

Right to Use the Services

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right, during the Agreement Term (as defined in Section 15), to access and use the Services for your personal use and not for resale or further distribution, including, as applicable to your activities, to discover and participate in playtests, discover Campaigns, submit Campaign Content, track performance, receive Fees, operate your Publication, publish Publication Content, distribute newsletters, manage your Subscribers, and, if you are approved as a Partner Publication, offer Paid Subscriptions and receive the Revenue Share.

Eligibility; Age Requirements

You must be at least thirteen (13) years old (or sixteen (16) years old if you reside in the European Economic Area or United Kingdom) to create a FirstLook account. If you are under the age of majority in your jurisdiction, your parent or legal guardian must review and accept these Terms and Pragma’s Privacy Policy on your behalf. Notwithstanding the foregoing, 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 in order to: (a) participate in paid Campaigns under Section 6; (b) participate in the Curator Program or operate a Publication under Section 7; (c) offer Paid Subscriptions; or (d) receive any Fees, Revenue Share, or other payment through the Services. By engaging in any of the activities described in the preceding sentence, you represent and warrant that you meet these requirements. You must provide accurate, current, and complete information during registration and onboarding, including, where applicable to your activities, your legal name, email address, and applicable tax identification information.

Account Security; Contributors

You are solely responsible for (a) maintaining the confidentiality and security of your account credentials, (b) all activities that occur under your account (and, if applicable, your Publication), whether or not you are the individual who undertakes such activities, (c) the security and management of Your Content and your own systems and accounts, and (d) ensuring your credentials are not shared with any unauthorized 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 or if your password is lost, stolen, or otherwise may have been compromised. If your Publication permits multiple contributors or authors, you are responsible for each contributor’s access to and activities within your Publication, and for each contributor’s compliance with these Terms, as if such activities were your own. You may maintain only one Player account. Creating multiple accounts to circumvent restrictions, earning caps, fees, or other limitations constitutes a material breach of these Terms.

Communications and Notifications

By creating a FirstLook account you expressly consent to receive service-related communications from Pragma, including emails, in-app messages, and Discord notifications, that are reasonably necessary to operate the Platform, notify you of playtest, Campaign, and other opportunities, and facilitate any activity you elect to join. You hereby assent to receiving such messages and if you do not wish to receive them you must delete your FirstLook account. You agree that these Terms, and any notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.

3. Access to and Use of the Platform

Access to the Platform; Modifications

We do not provide you with the equipment to access the Platform. You are responsible for all fees charged by third parties to access the Platform (e.g., charges by internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Platform without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform. We will endeavor to provide reasonable notice of any material changes to Service features or functionality, including material changes to the Paid Subscription features.

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 (including U.S. export control laws);
copy, modify, or create derivative versions of the Services, in whole or in part, or store, copy, modify, distribute, or resell any content made available on the Platform or compile or collect any such content as part of a database or other work;
distribute, publish, transfer, publicly display, rent, lease, lend, share, sell, license, sublicense, redistribute, or otherwise make the Services available to any third party, except as expressly contemplated by the Services (such as publishing your Publication to Subscribers);
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, alter, or obscure any proprietary notices (including copyright notices) from the Services;
use any automated tool (e.g., robots, spiders) to access or use the Platform or to store, copy, modify, distribute, or resell any content made available on the Platform;
attempt to cloak or conceal your identity, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
access the Services in any manner that compromises, breaks, or circumvents any of our technical processes, security measures, digital rights management, 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, security, or availability of the Services, including the deliverability of emails sent through the Services;
engage in any form of Invalid Activity;
upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
“stalk” or otherwise harass another person, write comments that in any way refer to persons under 18 years of age in a sexualized or otherwise inappropriate manner, or collect or store personal data about other users;
use Discord channels or any FirstLook-supported community forum to harass, threaten, or otherwise violate these Terms or any acceptable-use policy published by Pragma or a Studio;
send emails or other messages through the Services to any person who has not consented to receive them, or import, upload, or use any purchased, rented, or scraped contact list;
solicit or direct Subscribers or prospective Subscribers to pay for your Publication, or for content or benefits offered through your Publication, outside of the Services in a manner intended to circumvent the Platform Fee (as further described in Section 7);
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.

If you see content on the Platform that violates these use restrictions, please contact Pragma at support@pragma.gg.

Right to Suspend

We may restrict functionality or suspend your use of the Services (including your Publication’s visibility, email privileges, or Paid Subscription features) if we reasonably believe such action is necessary to prevent unauthorized use of the Services, to prevent violation of these Terms, to prevent violation of any Applicable Laws, to protect the integrity of the Services’ payment or email systems, or to protect the rights, safety, or property of Pragma, Studios, Subscribers, or other users.

Content Removal

Pragma may reject, refuse to post, remove, delist, restrict the visibility of, or disable access to any of Your Content, at any time, for any or no reason, with or without prior notice, and without liability to you. Pragma has no obligation to review or monitor Your Content, and Pragma’s exercise or non-exercise of the rights in this Section does not make Pragma the publisher or speaker of any content or affect the allocation of responsibility for Your Content under these Terms. As between you and Pragma, you remain solely responsible for Your Content.

Third-Party Links and Content

The Platform may contain links to third-party products, services, and websites. We exercise no control over such third-party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through them, or for any damage or loss caused to you by your use of or reliance on any goods or services available through them. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties (including other Players and Studios) on the Platform are those of the respective authors and not of Pragma, and Pragma does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Platform, you may be exposed to content that is offensive, indecent, or objectionable.

If you choose to connect your YouTube account to the Platform, the Services will access and use certain information from your YouTube account via YouTube API services in order to provide the requested functionality. You can stop our access to your YouTube account at any time by: (a) disconnecting your YouTube account within the settings page in our Services (if available); and/or (b) revoking access in Google’s account security settings at https://myaccount.google.com/connections. By connecting your YouTube account to the Platform, you are agreeing to be bound by YouTube’s Terms of Service available at https://www.youtube.com/t/terms. By connecting any other third-party platform account (e.g., TikTok, Twitch, Instagram) to the Services, you grant Pragma permission to access publicly available data and metrics as permitted by each platform’s API terms, and 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.

4. Role-Based Participation

How the Role-Specific Sections Apply

Your account gives you access to the different activities available on the Platform, and the role-specific Sections of these Terms apply automatically based on what you actually do: Section 5 applies when you register for, join, or participate in a playtest, survey, or similar games research; Section 6 applies when you apply to, accept, or participate in a Campaign; and Section 7 applies when you apply to or are accepted into the Curator Program or operate a Publication, with the Paid Subscription provisions of Section 7 applying only if your Publication is approved as a Partner Publication. You may hold and move between multiple roles under a single account, subject to meeting the eligibility requirements for each activity. In the event of a conflict between a role-specific Section and the generally applicable Sections of these Terms, the role-specific Section will control with respect to the applicable activity.

Game Keys and Access Codes

Studios or Pragma may make Game Keys, playtest invitations, demo codes, or similar access available through the Services for your own use or, for Publications, for distribution to your Subscribers. With respect to Game Keys, you agree that: (a) Game Keys are provided solely for the authorized purpose for which they are issued (such as your personal use in a playtest, creating content for the applicable Campaign, or authorized distribution to your Subscribers) and are a limited, revocable license that may be terminated at any time; (b) you will not claim Game Keys for Campaigns or playtests you do not actively participate in or intend to create content for; (c) you will not sell, trade, or share Game Keys except as expressly authorized, and you will comply with any restrictions specified by the applicable Studio (including regional, platform, or quantity restrictions); (d) key abuse (including claiming without participating or creating content, reselling, hoarding, farming, or unauthorized sharing) will result in immediate account suspension and forfeiture of all pending earnings; and (e) 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.

Relationship to Other Pragma Terms

If you are, or act on behalf of, a Studio customer of Pragma, the FirstLook Developer Terms of Service (and any applicable Orders thereunder) apply to such use. Each such agreement governs the activities within its scope, and nothing in these Terms limits your obligations under any other Pragma agreement to which you are bound. In the event of any conflict between these Terms and any other Pragma terms with respect to your activities as a Player, these Terms will control.

5. Playtesting

This Section 5 applies only if and to the extent you participate in playtests, surveys, or similar games research through the Platform.

Playtest Participation; Playtest Agreements

The Platform matches Studios to testers to perform and record game tests, remotely operated via the internet, and to participate in surveys and other similar games research. Your participation in any individual playtest may also be governed by a separate Playtest Agreement between you and the applicable Studio. Pragma is not a party to any Playtest Agreement, does not control its terms, and disclaims all responsibility and liability arising out of or related to any Playtest Agreement, the applicable Studio’s game, the playtest itself, or the Studio’s data-collection practices.

No Compensation

Unless explicitly provided in a separate Playtest Agreement or in the applicable playtest opportunity as presented through the Services, neither Pragma nor the Studio owes you any compensation, monetary or otherwise, for your participation in a playtest.

Playtest Recordings and Disclosures

You will not post, stream, record, capture, or otherwise disclose any image, video, or audio from a playtest except as expressly authorized in writing by the relevant Studio. All non-public information you obtain in connection with a playtest is Confidential Information subject to Section 11.

License to Playtest Data

You grant Pragma an irrevocable right, unlimited in time and territory, to use all results of the testing procedure (including all video and audio recordings, conclusions, suggestions, comments) and any related reports made by you or in connection with the testing under these Terms, with such right being fully transferable to third parties, in particular to the applicable Studios. You further agree that Pragma is free to use any comments, information, ideas, concepts, reviews, or techniques contained in your Playtest Data, including responses to questionnaires, without further compensation, acknowledgement, or payment to you, for any purpose whatsoever, including developing, manufacturing, and marketing products and creating, modifying, or improving the Platform and our products and services.

Data Roles for Playtests

Pragma’s handling of personal data is described in the Pragma Privacy Policy. For clarity, and only to the extent applicable: (a) Pragma acts as an independent data controller for FirstLook account data (e-mail address, FirstLook ID, Discord ID, etc.), and (b) Pragma acts solely as a data processor on behalf of the relevant Studio for any telemetry, gameplay footage, survey responses, or other information generated during a playtest. If applicable, if you wish to exercise a data-subject right regarding processor data, please contact the applicable Studio.

6. Creator Campaigns

This Section 6 applies only if and to the extent you participate in paid Campaigns through the Platform.

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 Players 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; and (c) any material breach of the Studio-Creator Agreement may also constitute a breach of these Terms.

Content Submission and Approval

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

Campaign Content Standards

You represent and warrant that all Campaign 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, EU and UK rules on the identification of advertising and unfair commercial practices, 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, or the publishing platform’s built-in paid promotion tool) as required by Applicable Laws and platform policies, clearly, conspicuously, and unavoidably within the content itself and not solely in a description, comment, bio, or link;
clearly, conspicuously, and unavoidably disclose any material connection between you and a Studio or Pragma, including any compensation, Game Keys, in-game items, rewards points, early or pre-release access, travel, or other things of value received, whether or not the content was created for a Campaign;
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;
comply with all Applicable Laws governing advertising directed at 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 Campaign 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: (a) not publish or disclose any Campaign Content or Campaign-related information before the specified Embargo Date; (b) not share embargoed game information, unreleased screenshots, gameplay footage, or prerelease content outside the specified Campaign scope and timeline; (c) comply with any NDA or confidentiality requirements specified in the Campaign Details; (d) acknowledge that prerelease builds and materials may contain unique digital watermarks (visible or invisible) to trace unauthorized disclosures; and (e) 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.

Content Availability

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

Earning Fees

If your Campaign 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. 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 Campaign 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. Fees are paid out through the payment provisions of Section 8.

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. Views, impressions, and engagement associated with Invalid Activity, or on accounts that engage in Invalid Activity (including any paid advertising, boosting, or other paid amplification), are excluded from all Fee calculations and are not eligible for payment, and any payouts based on inflated or invalid metrics may be reclaimed.

Campaign Acknowledgments

You acknowledge and agree that: (a) submitting Campaign 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 Campaign Content; (c) a Studio may make Campaign Content inaccessible and upon request you will immediately remove or take down Campaign Content at the Studio’s sole discretion; (d) you are solely responsible for your interactions with each Studio; (e) the relationship between Studios and Players 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.

License to Campaign Content

By submitting Campaign 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 Campaign 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. You understand 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 you hereby agree 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 Campaign Content for the purpose of operating, providing, and improving the Services. Pragma may also use Campaign Content for platform marketing, case studies, and portfolio purposes, and as described in Section 9 (Discovery, Cross-Promotion, and Studio Matching).

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

7. Curator Publications and Paid Subscriptions

This Section 7 applies only if and to the extent you operate a Publication. The provisions of this Section 7 relating to Paid Subscriptions, the Platform Fee, and the Revenue Share apply only if and for so long as your Publication is approved as a Partner Publication.

Curator Program; Application and Tiers

The Curator Program is selective and access is by application or invitation. Pragma may accept or decline any application, and may assign, condition, upgrade, or downgrade your Publication’s designation (including Partner Publication status), in each case in its sole discretion. Pragma may condition Partner Publication status on additional requirements, including identity verification, onboarding with the Payment Processor, tax documentation, minimum publishing activity, and audience quality review. Becoming a Partner Publication is a distinct step: before Paid Subscriptions are enabled for your Publication, Pragma may require you to affirmatively accept the Paid Subscription provisions of this Section 7 through the Services.

Publication Hosting; Custom Domains

Pragma will host your Publication as part of the Curator Services. If Pragma makes custom domain functionality available to your Publication, you are solely responsible for registering, renewing, and maintaining your custom domain and its DNS configuration, and you represent and warrant that you own or control the domain and that its use does not infringe the rights of any third party. Pragma may suspend custom domain functionality that creates security, deliverability, or reputational risk to the Services.

Editorial Responsibility

Your Publication is yours. You are solely responsible for your Publication, your Publication Content, and all commitments you make to Subscribers, and you are solely liable for any harm caused by the content you publish. Pragma does not have an obligation to review, monitor, edit, or approve Publication Content, does not endorse any Publication Content or opinions expressed by curators, and is not the publisher of Publication Content. Pragma is a provider of an “interactive computer service” within the meaning of 47 U.S.C. § 230, Publication Content constitutes information provided by another information content provider, and nothing in these Terms will be construed to make Pragma the publisher or speaker of any Publication Content. Nothing in these Terms creates any employment, agency, partnership, or joint venture relationship between you and Pragma, and you have no authority to bind Pragma.

Publication Content Standards

You represent and warrant that all Publication Content will:

be original to you (or used with all necessary rights, licenses, and permissions, including from any individuals, musicians, or other third parties depicted or included in your Publication Content) and not be plagiarized or impersonate any person or publication;
comply with all Applicable Laws, including without limitation the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, EU and UK rules on the identification of advertising and unfair commercial practices, and the FTC’s guidance on clear and conspicuous disclosures;
clearly, conspicuously, and unavoidably disclose any material connection between you and a Studio or other third party, including any compensation, free game keys or early access, travel, or other things of value received in connection with the applicable content;
reflect your honest and accurate opinions about your experience and not otherwise be false, deceptive, abusive, unfair, or misleading;
not infringe, misappropriate, or otherwise violate any Intellectual Property Rights, privacy rights, publicity rights, or other right of any person or entity;
not contain or promote any material that is harmful, threatening, defamatory, libelous, obscene, pornographic, sexually explicit, harassing, or that promotes violence, discrimination, hatred, or illegal activities;
not include, in any publicly accessible portion of your Publication (including post previews and free content), material that is inappropriate for general audiences;
comply with all Applicable Laws governing advertising directed at minors;
not be created primarily by AI or generative tools without clear disclosure to your readers; and
comply with the content policies of each third-party platform on which the Publication Content is cross-published or distributed.

Newsletters and Email

Emails and other messages distributed through the Services must comply with all Applicable Laws governing commercial electronic messages. You may send messages through the Services only to recipients who have consented to receive them. You will not import or use purchased, rented, harvested, or scraped contact lists, and any import of a pre-existing subscriber list requires evidence of consent satisfactory to Pragma. You will honor unsubscribe and opt-out requests immediately, and you will not remove, obscure, or override any unsubscribe mechanism provided by the Services. Pragma may impose sending limits, review list imports, or suspend email privileges to protect the deliverability and reputation of the Services.

Moderation; Removal; Discovery Features

Pragma reserves the right (but has no obligation) to remove, restrict, demote, age-gate, or exclude from discovery, recommendation, or directory features any Publication Content or Publication that Pragma believes violates these Terms or any applicable Pragma policies, creates risk for Pragma, Subscribers, Studios, or the Services, or as required by Applicable Laws, in each case at any time and without notice. Placement in any directory, feed, or recommendation surface is at Pragma’s discretion and is not guaranteed.

Offering Paid Subscriptions

Paid Subscriptions may be offered only by Partner Publications. Before enabling Paid Subscriptions, Pragma may require you to complete onboarding with the Payment Processor (including identity verification), provide tax documentation, and satisfy any other requirements communicated through the Services. Payment processing services are provided by the Payment Processor, and by offering Paid Subscriptions you agree to be bound by the Payment Processor’s applicable terms of service. Pragma may suspend Paid Subscription features if you fail to maintain good standing with the Payment Processor or comply with these Terms.

Subscription Pricing

You may set the pricing for Paid Subscriptions to your Publication within the parameters made available through the Services (including any minimum or maximum prices, supported billing intervals, supported currencies, and pay-what-you-wish options). Price changes apply prospectively only: a price change will not apply to a Subscriber’s then-current subscription term, and will apply to renewals only after any notice required by Applicable Laws or the Services has been given. You are responsible for accurately describing what is included in each subscription tier.

Billing; Automatic Renewal; Cancellation

Subscription Fees are collected from Subscribers by the Payment Processor through the Services, and Subscriber payments are received, held, and settled by the Payment Processor for disbursement to you and Pragma as described in this Section 7. Paid Subscriptions renew automatically until cancelled, and Subscribers may cancel at any time through the Services, in which case cancellation takes effect at the end of the then-current billing period unless otherwise required by Applicable Laws or the applicable subscriber-facing terms. Each Subscriber’s purchase is subject to the purchase, renewal, and refund terms presented to the Subscriber at checkout, which Pragma may update from time to time. As between you and Pragma, Pragma manages the billing relationship with Subscribers through the Services.

Platform Fee and Revenue Share

Pragma will retain the Platform Fee on all Subscription Fees as compensation for operating the Curator Services. The remaining Revenue Share will be payable to you as set forth in this Section 7 and Section 8. If Subscription Fees are refunded to a Subscriber or returned pursuant to a chargeback, the Platform Fee associated with the refunded or returned amount will be reversed and will not be retained by Pragma; the Platform Fee is otherwise non-refundable. Pragma may modify the Platform Fee from time to time upon at least thirty (30) days’ prior notice, with the modified Platform Fee applying only to Subscription Fees received after the effective date of the change. If Pragma makes Paid Subscriptions available for purchase through a third-party app store or similar third-party sales channel, any commissions or fees imposed by such channel may be deducted in addition to the Platform Fee, or Pragma may adjust the prices presented in such channel to account for such fees.

Refunds

Pragma may establish, communicate, and administer a refund policy for Subscribers, and may grant or deny Subscriber refund requests in its reasonable discretion, including without limitation refunds requested within a limited period after a charge, refunds relating to Publications that have become dormant or materially failed to deliver promised content or benefits, and pro-rata refunds for platform service issues. Refunded amounts (other than amounts refunded solely due to a platform service failure attributable to Pragma) will be reflected in the calculation of your Revenue Share or, to the extent the related Revenue Share has already been paid to you, deducted from future payouts (net, in each case, of the reversed Platform Fee), and if such amounts exceed your available balance you will repay them promptly upon request.

Ceasing Publication; Unfulfilled Subscription Terms

If you stop publishing, delete your Publication, disable Paid Subscriptions, or these Terms terminate before the end of any Subscriber’s paid subscription term, Pragma may, at its discretion, either (a) continue to make previously published Publication Content available to affected Subscribers through the end of their then-current paid subscription terms, or (b) cancel affected Paid Subscriptions and refund the unused portion of prepaid Subscription Fees to Subscribers on a pro-rata basis, with such refunds reflected in the calculation of your Revenue Share or deducted from amounts payable to you (or subject to prompt repayment), net of the reversed Platform Fee. As between you and Pragma, all obligations associated with the unfulfilled portion of a Subscriber’s paid subscription term — including refund obligations — are your responsibility; provided that, if these Terms are terminated by Pragma for convenience and not due to your breach, Pragma will bear the Platform Fee portion of any such refunds and will provide you with reasonable notice to allow for an orderly wind-down.

Chargebacks

If a Subscriber initiates a chargeback or payment dispute, the disputed amount (net of the reversed Platform Fee) and any associated Payment Processor or card network fees will be reflected in the calculation of your Revenue Share or, to the extent the related Revenue Share has already been paid to you, deducted from future payouts, pending resolution. Pragma or the Payment Processor may respond to chargebacks on your behalf, and you will provide reasonable cooperation and evidence of benefit delivery upon request. Excessive chargeback or refund rates may result in suspension of Paid Subscription features or of your account.

No Guarantees; Non-Circumvention

Pragma does not guarantee any minimum number of Subscribers, any level of Subscription Fees or Revenue Share, or the continued availability of any monetization feature. You will not solicit or direct Subscribers to purchase, or accept payment for, your Publication or the content and benefits offered through your Publication outside of the Services in a manner intended to circumvent the Platform Fee. For clarity, this Section does not restrict activities unrelated to your Publication or content you create and monetize independently of the Services.

Subscriber Relationship

All commitments made to Subscribers regarding your Publication — including publishing cadence, subscriber-only content and benefits, community access, and similar offerings — are made by you alone, and you are solely responsible for fulfilling them. Pragma is not responsible or liable for your failure to deliver promised content or benefits, and Pragma’s role is limited to providing the Curator Services and facilitating payments as described in these Terms. You acknowledge that Subscribers are also users of the Services and that their use of the Services is governed by the applicable Pragma terms and policies.

Subscriber Data

Pragma will make certain Subscriber Data available to you through the Services. You may use Subscriber Data solely to operate your Publication, communicate with Subscribers about your Publication, and provide the content and benefits you have promised, in each case in compliance with all Applicable Laws (including data protection, privacy, and anti-spam laws) and Pragma’s policies. You will not sell Subscriber Data, use it to market unrelated products or services without the Subscriber’s separate consent, or disclose it to third parties except to service providers acting on your behalf under appropriate confidentiality and data protection obligations. You will promptly honor any unsubscribe, objection, access, or deletion request from a Subscriber as required by Applicable Laws. As between the parties, Pragma is the controller of personal information processed in connection with the operation of the Services, and you are an independent controller of any Subscriber Data that you export from or otherwise process outside of the Services, and you are solely responsible for your processing of such exported data.

8. Payments, Payment Account, and Taxes

This Section 8 applies if and to the extent you earn Fees, Revenue Share, or other amounts through the Services.

Payment Account; Payouts

Payment for earned Fees and payouts of the Revenue Share will be sent through the Payment Processor 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 amounts. Pragma reserves the right to establish minimum payout thresholds, earning verification periods, and other payment processing requirements as communicated through the Services. By using the payout features, you agree to be bound by the Payment Processor’s applicable terms of service. You acknowledge that Pragma (including through the Payment Processor) may process payments on behalf of Studios or Subscribers as a service of the Platform, and that Pragma’s (or the Payment Processor’s) obligation is limited to disbursing amounts actually received in connection with your approved Campaign Content or your Publication, as applicable. 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.

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 or claim amounts payable to you within the time period specified in the Services, Pragma may hold such amounts and will handle unclaimed amounts in accordance with applicable law (including applicable unclaimed property laws).

Taxes

You are solely responsible for determining, reporting, and paying all applicable taxes on amounts you receive through the Services. Pragma does not withhold taxes on payouts unless required by law; any amounts withheld and remitted to a taxing authority as required by law will be treated as paid to you. 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 Players, Pragma or the Payment Processor will issue applicable tax information returns (e.g., Form 1099) as required by law. Where Applicable Laws treat Pragma or the Payment Processor as a marketplace facilitator or similar collection agent, Pragma may calculate, collect, and remit sales tax, VAT, GST, or similar transaction taxes on Paid Subscriptions based on the Subscriber’s location; amounts so collected are excluded from Subscription Fees and the Revenue Share. You will provide any information reasonably requested by Pragma to determine the taxability of your offerings.

Withholding; Invalid Activity; Disputes

Pragma reserves the right to withhold, delay, reverse, offset, or deny payments, in its sole discretion, in any situation where Pragma suspects fraud, Invalid Activity, or a violation of these Terms, or as required for legal or compliance reasons (including missing tax documentation). Subscriptions, metrics, and amounts attributable to Invalid Activity are excluded from all Fee and Revenue Share calculations and are not eligible for payment, and any payouts based on Invalid Activity may be reclaimed. 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. If an amount is withheld, Pragma will endeavor to communicate the reason to you promptly. You may dispute withheld or deducted amounts by contacting support@pragma.gg within fourteen (14) days of the withholding notice.

9. Intellectual Property Rights

Your Content

As between you and Pragma, you own your Campaign Content, your Publication Content, your Community Content, and your Profile Content, subject to the licenses granted in these Terms. You hereby waive (and, to the extent permitted by law, cause to be waived) any moral rights you may have in Your Content to the extent necessary for Pragma and Studios to exercise the licenses granted in these Terms.

License to Publication Content

By publishing or submitting Publication Content through the Services, you grant Pragma a non-exclusive, worldwide, fully paid-up, royalty-free right and license (with the right to sublicense to Pragma’s service providers) to host, store, cache, use, copy, reproduce, modify (for technical and formatting purposes), prepare derivative works of (solely as necessary to display and distribute the content across formats and devices), publish, display, perform, distribute, and transmit your Publication Content — including via web pages, email, RSS, mobile applications, and approved custom domains, and on or through any other portion of the Platform — for the purposes of operating, providing, and improving the Services and the Platform and fulfilling Paid Subscriptions. You further grant Pragma the right to use your Publication Content, your Publication’s name and branding, and excerpts of your Publication Content to market and promote your Publication, the Services, and the Platform, including by featuring or cross-promoting your Publication and Publication Content on game and Studio pages, within or alongside other Publications and creator profiles, and elsewhere across the Platform. Following termination, this license continues solely (a) with respect to copies of Publication Content already delivered or distributed to Subscribers (including by email), (b) as necessary to continue making previously published Publication Content available to Subscribers through the end of any paid subscription periods that Pragma elects to honor in accordance with Section 7, and (c) for routine backup and legal compliance purposes; otherwise, Pragma will cease public display of your Publication Content within a reasonable period after termination.

License to Community Content and Profile Content

By posting or submitting Community Content or Profile Content, you grant Pragma a non-exclusive, fully paid, royalty-free, worldwide license and right (sublicensable to Pragma’s affiliates and service providers, and as necessary for Pragma to exercise the rights described in this Section 9) to host, display, cache, use, perform, reproduce, modify, distribute, and create derivative works of (solely as necessary to display, excerpt, and distribute the content across formats and devices) such Community Content and Profile Content in any media, software, or technology of any kind now existing or developed in the future, for the purposes of operating, providing, promoting, and improving the Services and the Platform, including displaying your profile to Studios and other Platform users and featuring reviews, comments, and other Community Content on game and Studio pages and elsewhere across the Platform. Following termination of these Terms or your deletion of the applicable content, this license continues solely (a) with respect to Community Content posted to reviews, ratings, comment threads, or other community areas of the Platform, which Pragma may continue to display and use to preserve the continuity and integrity of community discussions, reviews, and aggregate ratings; (b) for routine backup and legal compliance purposes; and (c) with respect to excerpts of Community Content or Profile Content already incorporated into other content or materials as permitted by these Terms; otherwise, Pragma will cease public display of the applicable Community Content or Profile Content within a reasonable period. You represent and warrant that public posting and use of your Community Content and Profile Content by Pragma will not infringe on or violate the rights of any third party, and that your Community Content and 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; (d) complies with all Applicable Laws; (e) reflects your honest and accurate opinions about your experience and is not otherwise false, deceptive, or misleading; and (f) clearly and conspicuously discloses any material connection between you and any Studio or other third party whose game, product, or service the content reviews or promotes, including any compensation, free Game Keys, early or pre-release access, or other things of value received. Pragma reserves the right to remove any Community Content or Profile Content that violates these standards at any time without notice.

Discovery, Cross-Promotion, and Studio Matching

You acknowledge and agree that Pragma may: (a) display, feature, and promote your Player profile, your Publication, and Your Content (and excerpts thereof) in directories, feeds, search results, game and Studio pages, recommendation surfaces, and other discovery features on the Services and across the Platform, including by cross-promoting your Publication or profile alongside other Players, creators, curators, and Publications; (b) share your profile, Publication information, Your Content, and performance metrics relating to you or your Publication (including, notwithstanding the definition of Usage Data, metrics identified with you or your Publication, such as subscriber counts, engagement rates, content history, past Campaign performance, and audience characteristics) with Studios and across the Platform for discovery, recommendation, campaign matching, playtest and Game Key distribution, and promotional purposes; and (c) operate and improve the discovery, recommendation, and matching features of the Services and the Platform using automated systems, including artificial intelligence and machine learning technologies, and use Your Content, and related metrics to develop, train, and improve the models and systems used to provide such features. Pragma does not use the text, images, or other expressive content of Your Content to train generative artificial intelligence models. Nothing in these Terms restricts Pragma from (i) processing Your Content through generative models at your direction, including where you use an AI-assisted drafting, editing, summarization, translation, or similar feature made available through the Services; (ii) using Your Content to train, tune, or operate systems for trust and safety, content moderation, fraud and Invalid Activity detection, or enforcement of these Terms; (iii) using aggregated or de-identified data derived from Your Content that does not reproduce, and cannot reasonably be used to reconstruct, your expressive content; (iv) using Your Content as expressly permitted by consent you provide; or (v) any use required by Applicable Laws or legal process. Nothing in this subsection obligates Pragma to feature, recommend, or match any Player or Publication, and placement remains at Pragma’s discretion. If you use any single sign-on functionality made available through the Services on third-party websites (e.g., a Studio’s white-label site), Pragma may share your basic profile information with that third party, subject to that third party’s privacy policy.

Subscriber Access

You grant each Subscriber a non-exclusive right to access and view the Publication Content made available to such Subscriber through the Services (including content delivered by email) for personal, non-commercial use. You acknowledge that copies of Publication Content delivered to Subscribers (such as email newsletters) cannot be recalled.

Studio and Third-Party Materials

Studios and other third parties retain all Intellectual Property Rights in their game titles, trademarks, logos, game assets, screenshots, trailers, and marketing materials. You are solely responsible for ensuring that your use of any third-party materials in Your Content is authorized or otherwise lawful. Any assets or materials made available to you by a Studio through the Services are licensed to you solely for use in the applicable Campaign or your Publication and in accordance with any restrictions specified by the Studio, and such license terminates upon Campaign completion, request by the Studio, or termination of these Terms. 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 a Studio’s 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 the Platform, including the FirstLook, Player.gg, and Creators.gg names, logos, designs, 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.

10. Data Privacy and Security

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 Content and Subscriber Data from accidental loss and from unauthorized access, use, alteration, and disclosure. However, we do not guarantee the security of Your Content or any data transmitted through the Services. Any transmission is at your own risk.

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.

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.

11. Confidentiality and Embargoes

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. For the avoidance of doubt, Confidential Information of a Studio disclosed to you through the Services (including prerelease game content and information you obtain in connection with a playtest) is protected under this Section, and the applicable Studio may enforce these obligations with respect to its own Confidential Information. With respect to Confidential Information you obtain in connection with a playtest, you agree to hold such Confidential Information in strict confidence for five (5) years from disclosure (or, for trade secrets, indefinitely), and not to reproduce, record, stream, or distribute such Confidential Information without prior written permission from its owner. You acknowledge that monetary damages may be inadequate for a breach of this Section and that Pragma or the applicable Studio may seek injunctive relief.

Embargoes

Certain opportunities made available to you may involve Embargo Dates, non-disclosure requirements, or prerelease game content. You must not publish or disclose any content or related information before the applicable Embargo Date, and you must not share embargoed game information, unreleased screenshots, gameplay footage, or prerelease content outside the authorized scope and timeline. You acknowledge that prerelease builds and materials may contain unique digital watermarks (visible or invisible) to trace unauthorized disclosures, and you will return or destroy confidential materials upon request. Violation of an embargo or confidentiality requirement is a material breach of these Terms and may result in immediate suspension or termination of your account, withholding or offset of related amounts as described in Section 8, and potential legal action.

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.

12. Copyright Policy

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, including the URL or other specific location on the Platform where the material is located; (c) your contact information (address, telephone number, and email address); (d) a statement of good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and (f) your physical or electronic signature. If Your Content is removed in response to a DMCA notice, you may submit a counter-notification to support@pragma.gg containing the information required by 17 U.S.C. § 512(g)(3), and Pragma may restore the removed content in accordance with the DMCA. Pragma reserves the right to remove or disable content alleged to be infringing. Repeat infringers will have their accounts terminated.

13. Warranties and Disclaimers

Player Warranties

You represent and warrant that: (a) the information you provide in registering for the Services and any onboarding is accurate, complete, and rightfully yours to use; (b) you meet the eligibility and age requirements set forth in Section 2, including the requirement that you be at least 18 years old for the activities described therein; (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 or publish Your Content and Your Content has not been collected, stored, or transferred in violation of Applicable Laws; (e) you have all rights necessary to grant the licenses described in these Terms, including from any contributors to your Publication and any individuals, musicians, or third parties depicted or included in Your Content; (f) you will comply with all applicable advertising and endorsement disclosure requirements, including FTC guidelines; (g) all recipients of emails you send through the Services have consented to receive them; (h) you will fulfill the commitments you make to Subscribers; (i) you are not a competitor of Pragma or using the Services for purposes that are competitive with Pragma; and (j) you have no conflicting commitments or obligations that would interfere with your ability to perform under these Terms.

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 (INCLUDING THE PAYMENT PROCESSOR) 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. PRAGMA DOES NOT GUARANTEE ANY LEVEL OF SUBSCRIBERS, SUBSCRIPTION FEES, FEES, OR OTHER EARNINGS. ANY MATERIAL OBTAINED THROUGH THE PLATFORM IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRAGMA OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 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. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

14. Limitation of Liability and Indemnification

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.

Exclusion of Consequential and Related Damages

NEITHER PRAGMA NOR ITS RESPECTIVE AFFILIATES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU, 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). THE FOREGOING CAP DOES NOT LIMIT PRAGMA’S OBLIGATION TO PAY ANY FEES OR REVENUE SHARE PROPERLY EARNED AND PAYABLE BUT UNPAID UNDER SECTIONS 6 THROUGH 8. 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 arise from or relate to: (a) your breach of these Terms; (b) Your Content or your Publication; (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, including advertising, consumer protection, anti-spam, tax, and data protection laws; (e) your breach of any embargo, NDA, or confidentiality obligation; (f) your failure to deliver content or benefits promised to Subscribers; (g) your use of Subscriber Data; (h) your custom domain; and (i) any dispute between you and a Subscriber, a Studio, or another user of the Services.

15. Term, Suspension, and Termination

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, or, in your case, by deleting your account); provided that, if Pragma terminates these Terms for convenience with respect to an account in good standing, Pragma will provide at least thirty (30) days’ notice. 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, your Publication, or any Services feature 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;
excessive refunds, chargebacks, or Subscriber complaints, or abuse of email or key distribution privileges;
extended inactivity (twelve (12) months with no Campaign, playtest, or publishing 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, and Pragma may remove your Publication and other content from public display;
all active Game Keys and pre-release access may be revoked;
active Paid Subscriptions will be handled in accordance with Section 7 (Ceasing Publication; Unfulfilled Subscription Terms), and any refunds to Subscribers will be reflected in the final reconciliation of amounts payable to you as described therein;
any Fees or Revenue Share properly earned but unpaid will be paid out in the next regular payout cycle (subject to verification and any offsets, deductions, and repayment obligations under Sections 7 and 8), regardless of the basis for termination;
amounts attributable to fraudulent or Invalid Activity are not earned and are not payable, and any unclaimed amounts will be handled in accordance with applicable law (including applicable unclaimed property laws);
copies of Publication Content already delivered to Subscribers (including by email) may be retained by recipients, and Section 9 governs the surviving scope of the content licenses;
for thirty (30) days following termination (other than a termination resulting from your fraud, Invalid Activity, or unlawful content), Pragma will, upon your request, make available to you a commercially reasonable means to export your Publication Content and your Subscriber Data (including your Subscriber email list) in a commonly used electronic format; and
Pragma may permanently delete your information, settings, and Your Content after the expiration of such thirty (30) day export period with no liability or notice to you.

Survival

Sections 9 (Intellectual Property Rights), 10 (Data Privacy and Security), 11 (Confidentiality and Embargoes), 13 (Warranties and Disclaimers), 14 (Limitation of Liability and Indemnification), 15 (Term, Suspension, and Termination), and 16 (Dispute Resolution), as well as the embargo and confidentiality obligations in Sections 5 through 7, any payment reconciliation and repayment obligations under Sections 7 and 8, and any provisions that by their nature should survive termination, will survive any termination or expiration of these Terms.

16. 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

Before initiating any arbitration or other formal proceeding, the party asserting a dispute must first send to the other party an individualized, written notice of the dispute (a “Dispute Notice”) that includes the claimant’s name, the account (and, if applicable, Publication) at issue, a description of the nature and basis of the dispute, and the specific relief sought, and that is personally signed by the party asserting the dispute. Dispute Notices to Pragma must be sent to support@pragma.gg or to the notice address set forth in Section 17. If either party requests one, the parties will participate in an individualized telephone or video conference in a good faith attempt to resolve the dispute. The parties agree to attempt to resolve any dispute informally for a period of at least thirty (30) days before initiating any formal proceedings. Compliance with this informal dispute resolution process is a condition precedent to initiating arbitration, and any applicable statute of limitations will be tolled while the process is pending. 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. Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies for such court.

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, 1401 21st Street Suite R, Sacramento, CA 95811, 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.

Mass Filings

If twenty-five (25) or more similar demands for arbitration are filed against Pragma by or with the assistance of the same law firm, group of coordinated law firms, or organization (a “Mass Filing”), then, notwithstanding anything to the contrary in these Terms: (a) the demands will be administered in sequential batches of up to ten (10) demands per batch, with a single arbitrator appointed for each batch and a single set of filing and administrative fees due per side per batch; (b) the first batch will proceed to resolution as bellwether proceedings, and all remaining demands will be held in abeyance (with no filing or administrative fees due with respect to them) until the batch preceding them is resolved; (c) after each batch is resolved, the parties will participate in a global mediation session in a good faith effort to resolve the remaining demands; (d) any applicable statute of limitations will be tolled for a demand held in abeyance from the date Pragma receives a compliant Dispute Notice for that demand until the demand is permitted to proceed under this subsection; and (e) if the AAA is unable or unwilling to administer these procedures, the parties will select an alternative arbitration provider that will do so. If a court or arbitrator determines that this subsection is unenforceable as to a particular demand, that demand (and only that demand) may proceed in court, and it will be severed from arbitration.

Injunctive Relief

Notwithstanding anything to the contrary herein, either party has the right to bring a claim against the other 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 such party’s Intellectual Property Rights, or any breach of the confidentiality or embargo provisions of these Terms, and each party agrees that venue is proper and that it is subject to personal jurisdiction in such forum.

17. General Provisions

Entire Agreement

These Terms (including any Campaign Details, program-specific terms, or Playtest Agreements you accept through the Services, which govern the activities within their scope) are the entire agreement between you and Pragma regarding its subject matter and supersede all prior and contemporaneous agreements regarding its subject matter, including any prior Playtester Terms of Service, Creator Terms of Service, or Curator Terms of Service you may have accepted, which are consolidated into and superseded by these Terms.

Assignment

You may not assign or transfer these Terms without Pragma’s prior written consent. Any sale or transfer of a Publication requires Pragma’s prior written consent and is conditioned on the transferee’s acceptance of these Terms and completion of any required onboarding (including with the Payment Processor). 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 that Studios may enforce the confidentiality and embargo provisions (Sections 5, 6, 7, and 11) with respect to their own Confidential Information as expressly stated therein.

Notices and Publicity

Notices, requests, and approvals under these Terms must be in writing. Notices to Pragma must be sent to: Pragma Platform, Inc., 1401 21st Street Suite R, Sacramento, CA 95811, Attn: Legal. Notices to you will be sent to the primary email address associated with your account and will be deemed given upon delivery. 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://firstlook.gg/legal/players/ (or the applicable legal page of the Platform) and providing you with notice of the revision by email or via notification through the Services. Revisions will become effective and binding the next business day after they are posted, except that any material change to these Terms (including any change to the Platform Fee, the payment provisions of Sections 7 and 8, or the arbitration provisions of Section 16) will become effective no earlier than thirty (30) days after notice is provided. Changes to the arbitration provisions of Section 16 will not apply to any dispute of which the parties had actual notice before the effective date of the change. Your continued use of the Services after the effective date of a revision constitutes your acceptance of the revised Terms. This version of these Terms supersedes all earlier versions.

Contact Information

For questions, concerns, or notices regarding these Terms:

Pragma Platform, Inc.
1401 21st Street Suite R
Sacramento, CA 95811
support@pragma.gg