Effective Date: May 16th 2025
These GenPlay Terms of Service (these “Terms”) govern your access to and use of the GenPlay mobile application and related services (collectively, the “Service”) provided by Gameplay Labs LLC (“Company,” “we,” “us,” or “our”). These Terms constitute a legally binding agreement between you (“you” or “User”) and Company.
1. Acceptance of Terms
1.1. These Terms become effective for all Users upon accessing or using the Service.
1.2. Company will make these Terms available to Users within the Service or through a link.
1.3. BY ACCESSING OR USING THE SERVICE (INCLUDING DOWNLOADING THE APP, CREATING AN ACCOUNT, UPLOADING OR VIEWING CONTENT), YOU AGREE TO BE BOUND BY THESE TERMS.
1.4. Company may amend these Terms from time to time in its sole discretion, to the extent permitted by applicable law. Company will notify you of any material changes by posting the amended Terms within the Service or by other reasonable means.
1.5. If you do not agree to the amended Terms, you must stop using the Service and may terminate your account. Your continued use of the Service after the effective date of the amended Terms constitutes your acceptance of the amended Terms.
2. Eligibility & Age Restrictions
2.1. THE SERVICE IS INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE SERVICE.
2.2. By using the Service, you represent and warrant that you are at least 13 years of age.
2.3. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction of residence), you represent and warrant that you have obtained permission from your parent or legal guardian to use the Service, and your parent or legal guardian agrees to be bound by these Terms on your behalf and is responsible for all your use of the Service.
2.4. Company may impose additional age restrictions for specific content on the Service, and you agree to comply with such restrictions. Specifically, you may not upload videos of "18+ rated games" to the Service.
3. User Accounts
3.1. Certain features of the Service (e.g., uploading videos) require you to create an account using Google or Apple OAuth authentication. Some features, such as viewing videos, may be available without an account.
3.2. You are responsible for maintaining the accuracy and completeness of your account information and for all activities that occur under your account.
3.3. Company does not store or retain your passwords. Please review the security policies of your OAuth provider.
3.4. You may not sell, transfer, or share your account with any other person. You must notify Company immediately if you suspect any unauthorized use of your account.
4. User-Generated Content (UGC)
4.1. All rights in and to any videos, text, information, or other materials you upload, post, or share through the Service (“UGC”) are, as between you and Company, owned by you.
4.2. However, by uploading UGC to the Service, you grant Company a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, copy, modify, edit, distribute, prepare derivative works of, publicly display, and publicly perform your UGC in connection with operating, improving, promoting, and marketing the Service. This license continues for as long as your UGC is on the Service or until you or Company remove it.
4.3. You represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to upload your UGC and to grant Company the rights granted in these Terms, and that your UGC does not and will not infringe, misappropriate, or violate any third-party’s intellectual property rights (including copyrights and trademarks), rights of publicity or privacy, or any applicable law or regulation. You agree to indemnify Company for any breach of this warranty.
4.4. Company has no obligation to pre-screen UGC, but Company may, in its sole discretion, remove or disable access to any UGC that Company believes violates these Terms, applicable law, or is otherwise objectionable, without prior notice. Company makes no representations or warranties regarding the display or availability of any UGC.
5. Company’s Intellectual Property Rights
5.1. Excluding UGC, the Service itself, all content, software, designs, logos, trademarks, service marks, and other materials included in or made available through the Service (“Company Content”) are the exclusive property of Company or its licensors.
5.2. Company grants you a limited, revocable, non-exclusive license to access and use the Service in accordance with these Terms. You may not use, copy, reproduce, modify, distribute, sell, transfer, assign, create derivative works from, or otherwise exploit any Company Content without Company’s prior written consent.
6. Prohibited Conduct
You agree not to do any of the following:
6.1. Upload or share content that infringes any third party's intellectual property rights, including copyright, trademark, or patent rights.
6.2. Upload or share content that is unlawful, harmful, obscene, defamatory, harassing, or otherwise objectionable or that promotes hate speech.
6.3. Upload videos of "18+ rated games" or other content that violates the Service's age restriction policies.
6.4. Impersonate any person or entity or post false or misleading information.
6.5. Interfere with or disrupt the normal operation of the Service, or introduce viruses, malware, or other harmful code.
6.6. Violate any applicable laws or regulations or these Terms.
7. DMCA Policy & Copyright Infringement Reporting
7.1. Company respects and complies with copyright laws, including the U.S. Digital Millennium Copyright Act (“DMCA”).
7.2. If you are a copyright owner or an agent thereof and believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) Information reasonably sufficient to permit us to identify and locate the allegedly infringing material. To assist us, especially for content within our mobile application where a URL may not be available or sufficient, please provide: i. The name of the game featured in the video; ii. The length or duration of the video; iii. A detailed description of the video's content (e.g., "Gameplay video of [Game Name]'s [specific level/character/scene], where [copyrighted music/video] is used without authorization from [start time] to [end time]"); and/or iv. The video file itself clearly identifying the allegedly infringing material within the Service;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7.3. Company’s designated Copyright Agent to receive notifications of claimed infringement is:
- Name: Copyright Compliance Team
- Organization: Gameplay Labs LLC
- Address: 30 N Gould St Ste N SHERIDAN COUNTY Sheridan, WY, 82801, USA
- Email: copyright@gameplaylabs.org
7.4. Upon receipt of a compliant takedown notice, Company will act expeditiously to remove or disable access to the allegedly infringing material and will notify the User who uploaded the UGC.
7.5. If you believe that your UGC was removed or access to it was disabled by mistake or misidentification, you may submit a counter-notification. The counter-notification must include:
(a) Your physical or electronic signature;
(b) 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;
(c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
(d) Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if your address is outside the United States, for any judicial district in which Company may be found), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
7.6. Upon receipt of a valid counter-notification, Company will forward it to the original complaining party and may restore the removed material if the complaining party does not file a court action within 10-14 business days.
8. Repeat Infringer Policy
Company reserves the right to terminate the accounts of Users who are determined by Company to be repeat infringers of copyright. Company will make such determinations on a case-by-case basis.
9. Privacy
9.1. Company collects minimal personal information necessary to provide the Service, which may include basic profile information (e.g., email address, name/username) provided through Google or Apple OAuth authentication, as permitted by those services and your settings. This information is used for account creation, service provision, customer support, and service-related communications.
9.2. Company does not store your passwords.
9.3. You acknowledge that UGC you upload is publicly accessible.
9.4. Collected data is stored on Amazon Web Services (AWS) servers located in the United States.
9.5. Company does not sell your personal information and does not share your personal information with third parties for their personalized advertising purposes.
9.6. For more detailed information about our data practices, please refer to our separate Privacy Policy. Currently, the privacy-related provisions in these Terms take precedence. For privacy-related inquiries, please contact support@gameplaylabs.org.
10. Third-Party Services and Links
Our Service may contain links to third-party websites or services, including links to download games. We do not endorse or assume any responsibility for these third-party sites or services. Your interactions with them are at your own risk
11. Disclaimers and Limitation of Liability
11.1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.
11.2. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY UGC, INCLUDING ITS CONTENT, ACCURACY, OR LEGALITY. THE RESPONSIBILITY FOR UGC RESTS SOLELY WITH THE USER WHO POSTED IT.
11.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
11.4. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED FIFTY U.S. DOLLARS ($50.00 USD).
12. Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your UGC that you submit, post, or transmit; (c) your violation of any term of these Terms; or (d) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
13. Account Suspension and Termination
Company reserves the right to suspend or terminate your access to the Service or your account, with or without prior notice, for any reason or no reason, including if Company believes that you have violated these Terms, engaged in illegal activity, harmed the operation of the Service, or for other reasonable grounds in Company's sole discretion.
14. Modification of Terms
Company reserves the right to modify these Terms at any time. If Company makes changes to these Terms, Company will provide notice of such changes, such as by posting a notice within the Service, sending an email notification, or other reasonable means. The modified Terms will become effective on the date specified in the notice. Your continued use of the Service after the effective date of the changes will constitute your acceptance of such changes.
15. Governing Law and Dispute Resolution
15.1. These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.
15.2. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be attempted to be resolved through amicable negotiations between you and Company.
15.3. If such negotiations are unsuccessful, such dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming, USA.
16. Contact Information
If you have any questions or comments about these Terms or the Service, please contact us at:
Email: support@gameplaylabs.org
17. Miscellaneous
17.1. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full force and effect.
17.2. Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.