Jabali AI - Terms & Conditions

Jaabaali Inc. Terms and Conditions

Last Updated: September 21, 2026

These Terms of Service (“Terms”) govern the relationship between Jaabaali Inc. (“Company,” “we,” “us” or “our”) and our customers (“Customer,” “you” or “your”), i.e., each entity or person using or accessing our services, applications, or platforms through our website available at jabali.ai (“Site”), app stores, Google Play, APIs, through any of our Discord servers and related channels, or by any other means (together, the “Services”). The Terms explain what rights and obligations you have with respect to text, images, 3D objects, animation files, software code, and sound prompts you might provide or enter into the Services (referred to herein as “Inputs”), and text, images, 3D objects, animation files, software code, sound, output, and other assets you might generate with the Services (referred to herein as “Assets”), your use of the Services, and other important topics.

In these Terms, “Game” means any game, interactive experience or playable build created, modified or published using the Services, including its source code and project files and any remix of another Customer’s Game. “Platform Components” means the software, runtimes, engine integrations, SDKs, templates, libraries, hosted services and other technology that Company provides or that the Services embed in or use to build, run, host, distribute or monetize a Game, including software licensed under the Jabali Code License available at jabali.ai/license (the “Jabali Code License”). “Customer” includes people who create Games (“creators”) and people who play them (“players”), whether or not they have an account. “Business Customer” means a Customer that is a company or other legal entity, or an individual who uses the Services on behalf of one or primarily for business or professional purposes.

Please read these Terms carefully, along with our Privacy Policy, which outlines how we handle your data. Together with the Privacy Policy, the Jabali Code License, and any Program Terms or Export Terms that apply to you (each as defined below), these Terms form a single binding agreement between you and Company (“Agreement”). If they conflict, a written agreement signed by Company controls, then the Program Terms or Export Terms, then these Terms, then the Jabali Code License.

By selecting “I accept” or “I agree” (or words to similar effect), registering for a Company account, or otherwise using any of our Services, you: (i) agree that you have read and understood, and, as a condition to your access to and use of any of our Services, you agree to be legally bound by, these Terms and (ii) agree that Company may make updates to these Terms on a going forward basis at any time in its sole discretion. We will post the updated Terms on this page and change the “Last Updated” date. If a change is material, we will also notify you by email or through the Services at least 30 days before it takes effect, unless the change is needed sooner for legal, safety or security reasons or only adds new features. Changes do not apply to a dispute that arose before the change took effect. Where a section of these Terms sets a different notice period, that section controls. Continued use of the Services thereafter constitutes acceptance of the most recently modified version of the Terms. If you do not agree to this Agreement, you must stop using or accessing the Services.

Age Requirements

Minimum Age and Ability to Assent. To create an account, or to create, publish or monetize Games, you must be at least 18 years old. To play Games, you must be at least 18 years old and meet the minimum age of digital consent in your country. By accessing the Services, you confirm that you meet these requirements and are able to form and understand this Agreement. If you do not meet these requirements, you are not permitted to use the Services.
Parents and Guardians. If you are under 18 (or the age of majority where you live), you may use the Services only with the permission of your parent or legal guardian, who must read and agree to this Agreement for you. If you are a parent or guardian and you allow a minor to use the Services, you agree to this Agreement on the minor’s behalf, and you are responsible for the minor’s activity on the Services, including any purchases. The Services are not directed to children under 13, and Company does not knowingly collect personal information from them. If you believe a child under 13 has given us personal information, contact personaldata@jabali.ai.
Suitability. Assets are generated by an artificial intelligence system using Customer Inputs. This technology is still being refined and it does not always work as expected. No guarantees are made as to the suitability or appropriateness of the Assets for you or any other Customer.

Registration and User Accounts

Account Creation: Some parts of the Services, including creating, publishing and monetizing Games, require you to register for a Company account and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (i) all required registration information you submit is current, complete, truthful and accurate; and (ii) you will maintain the accuracy of such information. All personal data that you provide to us to create a user account or through the use of any of the features within the Services is governed by our Privacy Policy.
Account Responsibilities: You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account, whether authorized by you or not. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Each user of the Services may only have one account, and You may not share your account with anyone else. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Business and Professional Use. The Services may be used for business and professional purposes as well as personal ones, subject to this Agreement, the Jabali Code License and the terms of your subscription plan. If you use the Services on behalf of a company or other legal entity, you represent that you have authority to bind it to this Agreement, and “you” and “Customer” include that entity.

Using the Services

License: Subject to your compliance with this Agreement, Company grants you a non-exclusive, limited, revocable, non-transferable license to use the Services on devices you own or control.

Restrictions

In connection with your access and use of the Services, you agree that you will not, directly or indirectly:

violate any local, state, provincial, national, or other law or regulation, or any order of a court (including those relating to data privacy or security);
attempt to gain unauthorized access to any part of the Services or to any Company computer systems or networks;
infringe or misappropriate the rights of any person or entity, including their intellectual property, privacy, publicity or other proprietary or contractual rights, including but not limited to providing input for the purposes of generating Assets that would violate another’s intellectual property, privacy, publicity, or other proprietary or contractual right without that person’s permission;
interfere with, damage, violate the security or integrity of, or place an unreasonable load on any part of the Services, our infrastructure or systems, or any networks, computer systems, communications system, or software application, including through the use of viruses, bots, trojan horses, harmful code, ping floods, denial-of-service attacks, packet or IP spoofing, forged routing or email address information, circumvention or modification of any protective measures or other security mechanism employed by us or our Services, or similar methods or technology;
use scripts, bots, spiders, application programming interfaces (“API”) or other automated mechanisms to access, collect or scrape information or otherwise interact with the Services;
use or interact with the Services in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, including the input of abusive content, or in a manner that would damage, disparage, or negatively affect Company or our licensors, licensees, or partners;
reverse engineer, disassemble, or decompile any portion of the Services, including any corresponding source code, models, algorithms, or systems;
access or use the Services for purposes of developing models, research, or products that compete with Company;
allow more than one user to access the Service per registered account;
resell or redistribute the Services, or access to the Service;
export, host, publish, distribute or commercialize any Game or Platform Components outside the Services, except as permitted in the section titled “Games, Export and Distribution Outside the Services”;
remove, disable or circumvent any technical measure, license identifier or attribution in a Game or the Services;
generate, or encourage others to generate, invalid or artificially inflated traffic, clicks, installs or purchases;
create, publish or share Content or Games that break the section titled “Content Rules and Moderation”;
represent that output was human-generated when it was not; or
restrict or inhibit any user from using our Services as expressly permitted by Company.

You agree not to use the Services in any way that is not expressly permitted by the Terms. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, referral to law enforcement or regulators for any illegal or unauthorized use of the Services.

Availability

We reserve the right to modify and change our Services in our sole discretion without notice, including but not limited to the features made available to you, the art or style of the Assets, and the algorithms used to generate Assets. No guarantees are made with respect to the Service’s quality, stability, uptime, or reliability, and we will not be liable if for any reason all or any part of the Services are unavailable at any time for any period. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to you or your downstream users for any harm caused by any such dependencies.

Open Community

Please note that Jaabaali is an open community, which means that by default, the Assets you create will be viewable by other users whenever you post them in a shared or open setting. If you purchase a subscription tier that includes a feature which allows you to generate Assets privately, we will make best efforts not to publish any Assets you generate wherever this feature is engaged. Please note, however, that if you generate Assets in a public setting (such as a Discord channel), the Asset will be viewable by other users in that space, regardless of whether you have purchased the privacy feature.

AI-Generated Output

Assets are generated by artificial intelligence. They may be inaccurate, incomplete, offensive or different from what you intended, and they may not be unique: other Customers may receive the same or similar Assets. Company does not promise that Assets are original, free of third-party rights, or protectable under copyright or other intellectual property laws. You are responsible for reviewing Assets and Games before you publish or rely on them, and you should not rely on Assets as professional advice.

Third-Party Services and Advertising

The Services may include, link to or depend on services and content from third parties, such as app stores, Discord, payment processors and advertising networks, and may show advertising, including in and around Games. Third-party services are governed by their own terms and privacy policies. Company does not control them and is not responsible for them.

Content Rules and Moderation

Your Responsibility. You are solely responsible for your Content (as defined below) and your Games, and for the consequences of creating, publishing or sharing them.
Our Role. Company provides tools and a place to publish. Content and Games made by Customers are the responsibility of the Customers who made them, even when Company hosts, displays, distributes, features or monetizes them. Company does not pre-screen, endorse or guarantee any Content or Game, and is not responsible for it. You may come across Content or Games that you find offensive, inaccurate or objectionable, and you use the Services at your own risk.

Content Rules. You will not create, publish or share any Content or Game that:

is illegal, or promotes or helps with illegal activity;
sexualizes, exploits or endangers minors in any way. Company reports apparent child sexual exploitation to the National Center for Missing & Exploited Children and to law enforcement as the law requires;
is sexually explicit or pornographic, or includes an intimate image or video of a person shared without that person’s consent;
harasses, bullies, threatens or defames anyone, or promotes hatred or violence against people because of who they are;
promotes or glorifies self-harm, terrorism or violent extremism;
impersonates a person or organization, or misleads players about who made a Game or whether Company or anyone else endorses it;
uses someone’s name, likeness, voice, brand, characters, music or other material without the rights or permission to do so;
contains malware, or tries to access, damage or take over a player’s device, accounts or data; or
breaks any additional content guidelines that Company publishes on the Site. Those guidelines are part of this Agreement.

Game Rules. Unless Company agrees in writing, or your subscription plan or Program Terms expressly allow it, a Game may not:

collect, request or transmit players’ personal information, such as names, contact details, precise location, photos or payment details;
ask for or accept payment outside the payment features of the Services, or send players elsewhere to pay for the Game or for anything used in it;
offer gambling, betting, sweepstakes or anything a player can win or exchange for money or items of real-world value;
show third-party advertising or sponsorship other than through the advertising features of the Services. A Game may promote the products or services of the Customer that publishes it, or of that Customer’s client; or
target children under 13, or be presented as made for them.
Moderation. Company may, but does not have to, review Content and Games, using automated tools, people or both. Company may remove, restrict, delist, age-restrict, stop monetizing or disable any Content, Game or account at any time, with or without notice, if Company believes it breaks this Agreement or the law, creates risk or harm for Company, players or anyone else, or for any other reason. Company has no obligation to host, store or keep available any Content or Game. Company is not liable to you for any action it takes under this paragraph. This does not affect Company’s obligation to pay accrued, undisputed Revenue Share as described in the section titled “Creator Monetization and Revenue Share”.
Reporting. To report Content or a Game that breaks these rules, use the reporting tools in the Services or email takedown@jabali.ai. To report copyright or trademark infringement, follow the section titled “DMCA and Takedown Policy”.
Intimate Images Shared Without Consent. If an intimate image or video of you has been published on the Services without your consent, you or someone authorized to act for you can ask Company to remove it by emailing takedown@jabali.ai with the subject “Intimate Image Removal”. You do not need an account. Include: (i) your physical or electronic signature, or that of the person acting for you; (ii) enough information for us to find the image or video, such as a link; (iii) a brief statement that you believe in good faith that it was published without your consent; and (iv) a way for us to contact you. Company will remove the image or video, and make reasonable efforts to remove known identical copies, as soon as possible and no later than 48 hours after receiving a valid request.

Company’s Rights. Company owns all rights, title, and interest in and to the Services. Except as expressly granted in these Terms, Customer does not receive any right, title, or interest in or to our Services. All registered and unregistered trademarks, logos, and service marks are the property of Company and/or their respective owners. Nothing displayed or accessed in connection with the Services shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed in connection with the Services without the owner’s prior written permission, except as otherwise described herein.
Platform Components. Games built with the Services include or depend on Platform Components. Company and its licensors own the Platform Components, and your ownership of Assets does not include them. Company grants you a limited, non-exclusive, non-transferable, revocable license to use Platform Components solely as part of Games hosted and operated through the Services, and as otherwise expressly permitted by Export Terms. The Jabali Code License is incorporated into this Agreement. If it conflicts with these Terms, these Terms control.
Your Rights. Inputs and Assets are collectively “Content.” As between you and Company, and to the extent permitted by applicable law, you: (i) retain any ownership rights in Inputs, and (ii) own the Assets you generate using the Services, provided they were created in accordance with this Agreement, and subject to any other applicable laws. Your ownership of Assets does not include Platform Components and is subject to the sections titled “Games, Export and Distribution Outside the Services” and “Creator Monetization and Revenue Share”.
Rights You Give to Company. By using the Services, you grant to Company, its affiliates, successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, royalty-free, irrevocable license to reproduce, prepare derivative works of, publicly display, publicly perform and distribute your Content for purposes of providing or improving the Services, training any models underlying the Services, and generating Assets at your or other Customers’ direction. This license survives termination of this Agreement by any party, for any reason.
License to Distribute and Monetize Games. For each Game you publish through the Services, you grant Company a worldwide, sublicensable license to host, reproduce, distribute, publicly perform and display, adapt as technically necessary, market and monetize the Game through the Services and third-party stores, platforms and channels. You also grant Company the right to use the Game’s name and artwork and your name, username and likeness to promote the Game and the Services. This license is royalty-free, other than any Revenue Share (as defined below) payable under these Terms, and lasts for as long as the Game is published through the Services, plus a reasonable period to remove it.
License to Players. When you publish a Game through the Services, you grant each person who can access it through the Services a non-exclusive, personal, non-commercial license to access and play the Game through the Services, as the features of the Services allow.
Remixes. Where the Services let other Customers remix published Games, and unless you turn remixing off for a Game where the Services offer that setting, you grant other Customers a non-exclusive license to copy, modify and build on your published Game within the Services to create a new Game (a “Remix”), and to publish and monetize that Remix through the Services under this Agreement. The Services may credit the original Game. You own what you add in a Remix, and the creator of the original Game keeps their rights in the original. A Remix does not give its creator any right to a share of the original Game’s revenue, or the original creator any right to a share of the Remix’s revenue, unless the Program Terms say so. If you remove a Game or turn remixing off, Remixes already made may remain on the Services.
Your Promises About Your Content. You represent and warrant that: (i) you own your Inputs or have all the rights and permissions needed to use them and to grant the licenses in this Agreement; (ii) your Inputs, and your Games as you direct, publish and use them, do not infringe or violate anyone’s intellectual property, privacy, publicity or other rights, or any law; (iii) you have permission from every identifiable person whose name, likeness or voice appears in your Content or Games; (iv) your Games follow the Content Rules and Game Rules in this Agreement; and (v) when you promote a Game, you will follow advertising and endorsement laws, including disclosing any payment or other connection you have with Company.
No-IP Clause. Users may not upload, generate, or distribute content that includes or imitates third-party trademarks, copyrighted characters, logos, or trade dress without written permission from the rights holder.
Repeat-Infringer Policy. Accounts with repeated substantiated intellectual property violations may be suspended. A third substantiated violation results in permanent termination of the account.
In-App IP Reporting Channel. We provide a dedicated in-app “Report IP” feature, accessible in Settings. Reports are submitted directly to takedown@jabali.ai.

DMCA and Takedown Policy

Designated Agent. Company’s designated agent for notices of claimed infringement is: Copyright Agent, Jaabaali Inc, 1968 S. Coast Hwy #5633, Laguna Beach, CA, 92651; email takedown@jabali.ai.
Notice Procedure. Company respects the intellectual property of others. If you believe that one of our users is, through the use of our Services, unlawfully infringing your copyright(s) or violating your trademark(s) in a work, and wish to have the allegedly infringing material removed, please send a notice of claimed infringement to takedown@jabali.ai or mail to:

Jaabaali Inc, 1968 S. Coast Hwy #5633, Laguna Beach, CA, 92651
with the subject “Takedown Request,” and including the following:
- physical or electronic signature of copyright owner or authorized agent;
- identification of the copyrighted work (or trademark) you believe to have been infringed;
- identification of the material you believe to be infringing in a sufficiently precise and detailed manner to allow us to locate that material;
- adequate information by which we can contact you (including your name, postal address, telephone number, and email address);
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright or trademark owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright or trademark that has allegedly been infringed or that you are authorized to act on behalf of the copyright or trademark owner.
Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.

Please note that, pursuant to 17 U.S.C. § 512(f) of the DMCA, knowingly misrepresenting material facts (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by Company in connection with the written notification and allegation of copyright.
Counter-Notice Procedure. If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notice with us by submitting a written notification to our copyright agent at takedown@jabali.ai or mail to:

Jaabaali Inc, 1968 S. Coast Hwy #5633, Laguna Beach, CA, 92651
with the subject “Counter-notice.” Such notification must include the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.
What Happens After a Counter-Notice. If we receive a valid counter-notice, we will send a copy to the person who sent the original notice. We may restore the removed material 10 to 14 business days later, unless that person tells us they have filed a court action to stop the alleged infringement.

Games, Export and Distribution Outside the Services

No Distribution Outside the Services Without Permission. Except through export, publishing or syndication features that Company makes available to you, under the terms and subscription tier that apply to them, or as expressly permitted by your subscription plan, Program Terms or a written agreement with Company, or with Company’s prior written permission, you will not and will not permit anyone else to: (i) download, extract, copy or export any Game or Platform Components from the Services; (ii) host, publish, distribute, sell or license any Game on or through any website, app store, platform or service other than the Services; or (iii) commercialize any Game outside the Services. This applies to any Game, including Games created by other Customers. You may request permission at business@jabali.ai. Company may grant, condition or refuse permission in its discretion, including on payment of fees or a share of revenue.
Export. Company may make features available that let you export a Game for use outside the Services (“Export Features”). Export Features may be limited to certain subscription tiers, may not be available for every Game, and may change or be withdrawn. If you export a Game using an Export Feature while you hold an eligible subscription: (i) Company grants you a non-exclusive, non-transferable license to use the Platform Components included in the exported build solely as part of that Game, on the terms stated for the Export Feature at the time of export (“Export Terms”), including whether and how the exported Game may be commercialized; (ii) you may not separate Platform Components from the Game, use them to build other products, or provide them to others except as part of the exported Game; (iii) the exported Game will not include hosted services, such as accounts, leaderboards, saves, payments and advertising, unless the Export Terms say so, and Company has no obligation to support it; (iv) you may export only Games you created, or remixes to the extent the Services permit; and (v) you may not export a Game while it is subject to exclusivity under this section, unless Company agrees in writing. Your license to builds you exported while eligible continues after your subscription ends, as long as you comply with this Agreement, but you may not export new builds.
Exclusivity for Monetized Games. For any Game enrolled in Monetization Features (as defined below) or a creator program, the license you grant Company to distribute and monetize the Game is exclusive during enrollment and for 12 months afterwards. You will not release the Game or a substantially similar version elsewhere during that period.
Technical Measures and Attribution. You will not remove, disable or circumvent any license key, license identifier, domain lock or other technical measure in a Game or the Services, or remove or obscure any “Made with Jabali” attribution the Services include in a Game, unless the Export Terms allow it.
What Stays Yours. Nothing in this section limits your ownership or use elsewhere of your Inputs and other materials you created independently of the Services, including your name, likeness, brand, characters and pre-existing content.
Remedies. Breach of this section is a material breach of this Agreement. Company may suspend or terminate your account, remove the Game from the Services, withhold and set off amounts otherwise payable to you, recover any advance or guarantee paid for the Game, and seek injunctive relief. This section survives termination of this Agreement.

Payment and Billing; Termination

Monthly Subscription. For paid subscriptions, we will charge you for your use of the Services through a third-party payment service provider on each agreed-upon periodic renewal until you cancel, including all applicable taxes. If your payment cannot be completed, we may suspend your access to our Services until payment is received. The third-party service provider’s terms of service shall govern and supersede this Agreement in case of conflict, solely with respect to the processing of such payments.
Subscription Tiers. Features, including Export Features, may differ by subscription tier. If you cancel or move to a tier that does not include a feature, you lose access to that feature at the end of the current subscription period.
Cancellation. You can cancel your paid subscription at any time. Cancellation will become effective at the end of the then-current subscription period. If you cancel your subscription, you will not be refunded for the current subscription period for which you have already paid, but you will not be charged after the current subscription period has ended.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice. Any price increase will take effect on your next renewal so that you can cancel if you do not agree with the price increase.
Termination. We reserve the right to suspend or terminate your access to the Services or Assets for any reason, including for violation of this Agreement or other inappropriate use of the Services. If the subscription is terminated, you will not be refunded for the current subscription period for which you have already paid, but you will not be charged after the current subscription period has ended. The section titled “Creator Monetization and Revenue Share” explains what happens to accrued Revenue Share, and the section titled “Games, Export and Distribution Outside the Services” continues to apply after termination.

Purchases in Games and Virtual Items

Purchases. The Services may let you buy items, currency, passes, subscriptions or other digital content for use in Games (“Virtual Items”), or pay to access a Game. Unless we tell you otherwise at the time of purchase, the seller is Company, its payment partner or the app store you use, and not the creator of the Game. Prices may change, and you are responsible for any taxes. Purchases made through an app store are also subject to that store’s terms.
Virtual Items. Virtual Items are licensed to you, not sold. You receive a limited, personal, non-transferable, revocable license to use them in the Services. Virtual Items have no cash value, cannot be exchanged for money or anything of value outside the Services, and may not be sold, traded or transferred except as the Services allow. Company and creators may change, limit or discontinue Virtual Items, and Games may be changed or removed, at any time.
Refunds. All purchases are final and non-refundable, including when a Game or Virtual Item is changed or removed or your account is suspended or closed, except where the law requires otherwise or Company states otherwise at the time of purchase.
Recurring Purchases. If a purchase renews automatically, it will renew at the price and interval shown when you bought it until you cancel. You can cancel at any time in your account settings, or through the app store you used, and the cancellation takes effect at the end of the current period.
Purchases by Minors. If you allow a minor to use the Services, you are responsible for their purchases. Use the parental controls on your device or app store to manage them.

Monetization. Company may offer features that allow Games to generate revenue, including advertising, in-game purchases, subscriptions, tips and paid distribution (“Monetization Features”). Company does not guarantee that any Game will generate revenue. Company may decide where and how Games are monetized, including pricing, ad placement, partners and channels, subject to any controls the Services give you.
Revenue Share. If a Game is eligible for and enrolled in Monetization Features, Company will pay you a share of the Net Revenue (as defined below) attributable to that Game (“Revenue Share”). The applicable percentage and any thresholds, minimums, payment schedule, minimum payout amount or other commercial terms are set out in the program terms that apply to you, as published by Company or agreed with you in writing (“Program Terms”). They may differ by program, Game, channel or Customer.
Net Revenue. “Gross Revenue” means amounts Company actually receives that are attributable to a Game. “Net Revenue” means Gross Revenue less the following, to the extent attributable or reasonably allocated to the Game: (a) fees and commissions charged or retained by app stores, platforms and distribution channels, including Apple and Google; (b) payment processing and payout fees; (c) taxes, duties and withholdings, other than Company’s income taxes; (d) refunds, chargebacks, credits, fraud losses and amounts reversed or clawed back by advertising or other partners; (e) user acquisition costs, meaning amounts paid to third parties to advertise, promote or acquire users for the Game; (f) hosting costs, meaning infrastructure, bandwidth, storage, compute and AI inference costs of building, hosting and operating the Game; and (g) operational costs, meaning the costs of operating Monetization Features and supporting the Game, such as customer support, moderation, fraud prevention, compliance and payment operations. Company may calculate hosting and operational costs using actual costs, a reasonable allocation method, or standard rates published in the Program Terms.
Statements, Payment and Set-Off. Company will make a statement of Gross Revenue, deductions and Revenue Share available for each payment period. Company will pay accrued Revenue Share on the schedule and above the minimum payout amount stated in the Program Terms, once you have provided complete payment and tax information and while your account is in good standing. Company’s records determine amounts payable absent manifest error, and you must raise any dispute within 60 days of a statement. Company may withhold, set off or recover refunds, chargebacks, clawbacks, taxes, advances or guarantees paid to you, and other amounts you owe. Revenue attributable to fraud, invalid or artificially generated traffic, or breach of this Agreement is not payable. You are responsible for your own taxes.
Changes to Monetization; Effect of Termination. Company may change Monetization Features, Program Terms and the calculation of Net Revenue on at least 30 days’ notice. Changes apply only to revenue earned after they take effect. If this Agreement or your enrollment ends, Company will pay accrued, undisputed Revenue Share less set-offs, unless it ended because of fraud or your material breach.

Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Company and its officers, employees, agents, affiliates and representatives, from and against any costs, attorneys’ fees, expenses, losses, and liabilities arising from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your Inputs, Assets, Games or other Content, or (iii) your violation of these Terms by you, your officers, employees, agents, affiliates, or representatives, including without limitation, any claims for intellectual property infringement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disputes Between Users; Release. Company is not a party to disputes between Customers, for example between a creator and a player, or between creators about a Remix. You are responsible for your dealings with other Customers. To the fullest extent the law allows, you release Company and its officers, employees, agents and affiliates from all claims, demands and damages arising out of or connected with those disputes. You waive California Civil Code Section 1542, and any similar law, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Warranty Disclaimers

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR ANY OTHER INTANGIBLE LOSS) INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THIS LIMIT DOES NOT APPLY TO COMPANY’S OBLIGATION TO PAY ACCRUED, UNDISPUTED REVENUE SHARE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SMS and WhatsApp Notifications

If you opt in, Jaabaali Inc. (“Jabali”) may send you automated SMS and/or WhatsApp messages about the progress of games you are making on Jabali (for example, generation started, generation complete, or a problem with a build). These are optional account notifications, not marketing, and are not used to acquire new users.

Message frequency varies. Message and data rates may apply. Reply STOP to cancel, HELP for help, or email personaldata@jabali.ai. After you reply STOP you will receive one confirmation and no further messages. You can also turn notifications off in account settings. Carriers are not liable for delayed or undelivered messages. Consent is not required to use Jabali.

See our Privacy Policy for how we handle your number.

Governing Law, Dispute Resolution, and Mandatory Arbitration

YOU AGREE THAT ALL MATTERS AND LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ALL DISPUTES, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, EXCEPT AS STATED IN THIS SECTION, AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA’S CONFLICTS OF LAWS RULES. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR JOIN A CLASS ACTION.

Informal Resolution First. Before starting an arbitration or a court case, the party with the dispute must send the other a written notice describing the dispute and the relief requested. Send notices to Company at Jaabaali Inc, 1968 S. Coast Hwy #5633, Laguna Beach, CA, 92651 and business@jabali.ai with the subject “Dispute Notice”. Company will send notices to the email address on your account. You and Company will try in good faith to resolve the dispute for 60 days after the notice is received, and any limitation period is paused during that time. If the dispute is not resolved within 60 days, either party may start an arbitration, or a small claims case if the claim qualifies.
Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration conducted in Santa Clara County, California, USA before a mutually selected single arbitrator. The arbitration shall be administered by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“AAA Rules”).

By agreeing to mandatory arbitration as set forth herein, you and Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding or counterclaim, except that either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. Further, the arbitrator must identify a “prevailing party” and award the prevailing party its reasonable attorneys’ fees, expert fees, and costs. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.

Individual Consumers. If you are an individual using the Services for personal, family or household purposes, and you are not a Business Customer, the following applies to you instead: (i) the arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules in force when the arbitration is filed; (ii) if you and Company do not agree on an arbitrator, one will be appointed under those rules; (iii) hearings will be held by video or phone unless the arbitrator decides an in-person hearing is needed, in which case it will be held in the county where you live or another place you and Company agree on; (iv) payment of filing, administration and arbitrator fees is governed by those rules; and (v) each party pays its own attorneys’ fees, expert fees and costs unless the arbitrator awards them under applicable law, and the sentence above about a “prevailing party” does not apply. If the American Arbitration Association’s rules for mass arbitration filings cover the dispute, they apply.

Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NEEDED TO RESOLVE THAT PARTY’S CLAIM. If a court decides that this paragraph cannot be enforced for a particular claim or request for relief (such as a request for public injunctive relief), that claim or request will be severed and decided in court after the remaining claims have been arbitrated, and the rest of this section will still apply.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may go to court to seek an injunction or other relief to stop infringement or misuse of intellectual property or unauthorized use of the Services, without first using the informal resolution process.
Opting Out. You may opt out of this agreement to arbitrate by emailing business@jabali.ai or writing to Jaabaali Inc, 1968 S. Coast Hwy #5633, Laguna Beach, CA, 92651 within 30 days after you first accept these Terms or, if you accepted an earlier version that did not offer an opt-out, within 30 days after this version takes effect. Include your name, the email address on your account, if you have one, and a statement that you opt out of arbitration. If you opt out, or if this agreement to arbitrate is found not to apply to a claim, the claim must be brought only in the state or federal courts located in Santa Clara County, California, and you and Company consent to their jurisdiction.
Time Limit on Claims. To the extent the law allows, any claim arising out of or relating to this Agreement or the Services must be filed within one year after it arises. Otherwise it is permanently barred.
Changes to This Section. If Company changes this section after you have accepted it, you may reject the change by sending written notice to the address above within 30 days after the change takes effect. If you do, the version of this section you previously accepted continues to apply.

Miscellaneous

Assignment. You may not assign or transfer any rights or obligations under this Agreement and any attempt to do so will be void. We may assign our rights or obligations under this Agreement to any affiliate, subsidiary or successor in interest of any business associated with our Services.
No Waiver. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later.
Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots or war.
No Agency. This Agreement does not create any agency, partnership, or joint venture between you and Company.
Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect to the maximum extent under the law.
No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does, and you may not use the Services on behalf of or for the benefit of a third party except as expressly provided herein. This does not stop a Business Customer from using the Services for its own business, or from creating Games for its clients, as long as the Business Customer remains responsible for that use under this Agreement.
Entire Agreement. This Agreement is the entire agreement between you and Company about the Services and replaces any earlier agreement or understanding about them.
Feedback. If you send Company ideas, suggestions or other feedback about the Services, Company may use them without restriction and without paying you.
Export Controls and Sanctions. You may not use the Services if you are located in, or ordinarily resident in, a country or region that is subject to comprehensive U.S. sanctions, or if you are on a U.S. government list of restricted parties. You will comply with all export control and sanctions laws that apply to your use of the Services.
Notices and Electronic Communications. Company may send you notices by email, through the Services or by posting them on the Site, and you agree to receive communications from Company electronically. Send legal notices to Company at Jaabaali Inc, 1968 S. Coast Hwy #5633, Laguna Beach, CA, 92651, with a copy to business@jabali.ai.
Contact and California Notice. You can reach Company at the address above or at business@jabali.ai. Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this Agreement, will survive this Agreement. This includes the licenses you grant, your promises and indemnity, the release, the limitation of liability, the dispute resolution section, the section titled “Games, Export and Distribution Outside the Services”, and Company’s withholding and set-off rights.