Legal documents

EdenSpark: Terms of Use

These EdenSpark Terms of Use (“Terms”) govern your access to and use of the EdenSpark platform and related tools and services (together, the “Service”), provided by Gaijin, meaning a company as indicated in Gaijin Terms of Service.

These Terms and any Documentation (as defined below) incorporated by reference constitute one single agreement. All the provisions of these Terms apply in conjunction with the Gaijin Terms of Service and are unconditionally binding for each Developer. However, in the event of any conflict or inconsistency between these Terms and any other Gaijin policies or terms that apply to the Service and are referenced in these Terms, these Terms shall prevail for your use of the Service.

The Service offers the Gaijin Application Platform (“GAP”) as an integral part of the Service. Accordingly, your use of the GAP within the Service is also subject to and governed by the Gaijin Application Platform Terms, which form a binding part of these Terms. In the event of any conflict between these Terms and the GAP Terms, the provisions of the GAP Terms shall prevail solely with respect to your use of the GAP.

THIS DOCUMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND GAIJIN. PLEASE READ IT CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING AND/OR USING THE SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

THE ENGLISH VERSION OF THESE TERMS SHALL BE THE ONLY ORIGINAL VERSION AND SHALL CONTROL IN THE EVENT OF ANY DISPUTE, QUESTION, OR DISPUTE RELATING TO THE MEANING, FORM, VALIDITY, OR INTERPRETATION OF THESE TERMS.

1. DEFINITIONS

Capitalized terms not defined in these Terms have the meanings assigned to them in the Gaijin Terms of Service, as applicable.

“AI Tools” refers to features within the Service that utilize artificial intelligence or automation to assist in creation, optimization, or testing. Gaijin retains all rights in the underlying AI technology, models, and training data.

“Developer” means a registered User who creates, customizes, or contributes game content, assets, or interactive experiences through the Service.

“Publisher” means a Developer authorized by Gaijin to distribute, publish, or monetize titles through Gaijin-approved flows or Third-Party Platforms (Publisher status may require a one-time fee and curation).

“Submission” means any game, build, asset, artwork, code, or other content a Developer uploads via the Service.

“Telemetry Data” means aggregated performance, usage, crash, diagnostic, and analytics data automatically collected by the Service to maintain, secure, and improve functionality (processed per the Privacy Policy).

“Third-Party Platform” means any external distribution service, storefront, or console network that interoperates with the Service and has its own terms and policies.

2. DESCRIPTION OF THE SERVICE

2.1. Overview. The Service provides an integrated environment for creators and Developers to build, test, and submit interactive entertainment experiences using Gaijin’s proprietary technologies, including the Dagor Engine, Daslang, and related SDKs. The Service combines content-creation tools, publishing features, and feedback systems designed to support the full lifecycle of prototype development, testing, and evaluation.

2.2. Core Features. The Service may include, among other functionalities:

• Development Tools. Integration with the Dagor Engine, Daslang, and Gaijin SDKs for content creation and testing;

• Submission and Evaluation. Mechanisms for uploading, reviewing, and testing builds, assets, or gameplay features;

• Curation Systems. Tools supporting internal quality assessment and feedback processes;

• Publishing Workflows. Functionality for approved Publishers to submit titles for consideration on Gaijin or Third-Party Platforms;

• Telemetry and Analytics. Collection of performance, usage, and diagnostic data to support testing, optimization, and product improvement, processed in accordance with the Privacy Policy and applicable data protection laws.

2.3. Feature Access and Modifications. Access to certain features may vary depending on your role, project type, or technical requirements. Gaijin may modify, suspend, or discontinue any feature, tool, or component of the Service at any time. Where feasible, Gaijin will provide reasonable notice of material changes that may impact ongoing projects.

2.4. Testing and Technical Limitations. Some projects may operate only in controlled or sandbox environments and may not include features such as multiplayer, monetization, or platform-level integrations until they are officially enabled. Performance and availability may vary across different projects and builds.

2.5. Service Dependencies. The Service operates in conjunction with Gaijin’s broader platform ecosystem, including authentication, account, and telemetry systems. Certain features may rely on third-party infrastructure or Gaijin’s online systems, which may be subject to downtime, updates, or maintenance.

2.6. Availability and Maintenance. The Service and its components may occasionally be unavailable due to maintenance, updates, or technical issues. Gaijin will make reasonable efforts to minimize disruption, but cannot guarantee uninterrupted access.

3. ACCOUNT AND ELIGIBILITY

3.1. Account Requirement. Access to the Service requires a valid and active Gaijin Account. Registration information must be complete, accurate, and kept up to date always. Each Account is personal to the User and may not be shared, transferred, or assigned without Gaijin’s prior written consent.

3.2. Eligibility and Age Requirements. By using the Service, you represent and warrant that you are of legal age to form a binding contract in your country of residence, and (b) are not barred from using Gaijin services under applicable law. If you are below the age of digital consent in your jurisdiction, your parent or legal guardian must review and accept these Terms on your behalf and is responsible for your use of the Service.

3.3. Account Security. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must promptly notify Gaijin of any unauthorized access, suspected breach, or misuse. Gaijin is not liable for any loss or damage resulting from your failure to safeguard your credentials.

3.4. Suspension or Restriction of Access. Gaijin may suspend, restrict, or terminate your access to the Service (in whole or in part) if:

(a) your account details are inaccurate, misleading, or incomplete;

(b) you attempt to circumvent eligibility, age, or regional requirements; or

Gaijin will make reasonable efforts to notify you of any suspension or termination unless prohibited by law or necessary to prevent further misuse or harm.

3.5. Restoration of Access. Gaijin may, at its discretion, restore access to the Service once the cause of suspension or restriction has been resolved to its satisfaction. Restoration does not waive Gaijin’s right to impose future suspensions, restrictions, or other remedies for subsequent breaches.

3.6. Account Deletion. Account deletion requests are handled in accordance with the Gaijin Terms of Service and Privacy Policy. Deletion of your Account will also terminate your access to the Service and any related features, subject to Gaijin’s data-retention and legal-compliance obligations.

4. DEVELOPER SUBMISSIONS AND CONTENT OWNERSHIP

4.1. Ownership of Submissions. Developers retain ownership of all games, builds, and projects they create using the Service (“Submissions”). A Submission may include the game logic, scenes, configurations, scripts, visual arrangement, and other elements generated within the Service using the available tools and samples provided by Gaijin. By making a submission available through the Service, you grant Gaijin a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, reproduce, display, test, distribute, and otherwise use such Submissions as necessary to operate, maintain, promote, or improve the Service and related Gaijin services. This includes performing technical processes such as compatibility testing, performance evaluation, security checks, automated processing, quality assurance, and moderation. This license is strictly limited to purposes connected to the operation of the Service, including enabling other Users to access and play Submissions. Nothing in these Terms transfers ownership of your Submission to Gaijin.

4.2. Representations and Warranties. You represent and warrant that:

(a) you own or otherwise hold sufficient rights to your Submissions to utilize them in connection with the Service;

(b) their use by Gaijin as contemplated under these Terms will not infringe any third-party rights;

(d) your Submissions do not contain personal data of any third party unless you have obtained all rights, permissions, and lawful bases required under applicable data protection law, including the GDPR, where applicable. Gaijin, we may remove or restrict any Submission that includes unauthorized personal data or violates these Terms, infringes third-party rights, or otherwise breaches applicable law or Gaijin policies.

4.3. Evaluation and Curation. Gaijin may review, moderate, or otherwise assess Submissions for compliance, safety, or operational purposes. Submissions may be made available to other Users with or without prior review. Users may report Submissions that they believe violate these Terms. Gaijin reserves the right to remove, restrict, or adjust the visibility of any Submission at its sole discretion. Moderation or evaluation does not guarantee publication, continued availability, commercialization, or promotion.

4.4. Feedback and Suggestions. Any feedback, ideas, or suggestions you provide to Gaijin regarding the Service or its tools are submitted voluntarily and without expectation of compensation. Gaijin may use such input to develop or improve products and services without obligation to you. This provision also applies to any activities you perform using the Service.

4.5. Liability for Submissions. You are solely responsible for your Submissions. Any claims, losses, or damages arising from or relating to your Submissions (including alleged infringement or unlawful content) are subject to the indemnification and limitation-of-liability provisions applicable to you under the Gaijin Terms of Service and these Terms.

4.6. AI-Assisted Creation. If you use any automated or AI Tools within the Service, you are solely responsible for all prompts, inputs, and resulting outputs. To the extent permitted by applicable law, you may be considered the author of the AI-assisted output. Where authorship is not recognized, you grant Gaijin all rights necessary to use such output to operate, maintain, or improve the Service. You grant Gaijin a non-exclusive, worldwide, royalty-free, perpetual, transferable, and sublicensable license to use the AI Tools as necessary to operate and provide the Service. You must not use AI Tools to generate or distribute content that is unlawful, infringing, or otherwise violating these Terms.

4.7. AI Transparency and Data Integrity. You must not submit AI-generated content trained on or derived from datasets that infringe third-party rights, including but not limited to intellectual and other property rights, rights of personality, likeness, or publicity. Where AI Tools incorporate external models or datasets, Gaijin may request reasonable disclosure of data sources or parameters to assess compliance with law and ethical standards.

4.8. Third-Party Rights and Dependencies. If any Submission includes third-party libraries, plug-ins, or materials under separate licenses, you must clearly identify such components and comply with the applicable license terms. Gaijin may, at its sole and absolute discretion, reject or remove Submissions that fail to meet this requirement.

4.9. Preservation of Developer Rights. Except for the limited license granted in this Section, nothing in these Terms transfers ownership of your intellectual property to Gaijin. Developers remain free to use, modify, or license their Submissions outside the Service, subject to third-party rights and any separate agreements with Gaijin.

4.10. Open-Source or Shared Assets. Where you use or contribute assets distributed under open-source or community licenses, you must comply with all applicable attribution, notice, and license-term requirements.

5. GAIJIN INTELLECTUAL PROPERTY

5.1. Gaijin Property. All software, engines, SDKs, documentation, and other technology made available through the Service (including updates, derivatives, and related know-how), including any of their derivatives, remain the exclusive property of Gaijin and its licensors. Nothing in these Terms transfers any ownership in Gaijin’s intellectual property. You receive only the limited rights necessary to use the Service in accordance with these Terms.

5.2. Trademarks and Branding. All Gaijin trademarks, service marks, logos, trade dress, and other brand elements displayed within the Service are owned by Gaijin or its affiliates and may not be used without Gaijin’s prior written consent. All other trademarks and trade names appearing in the Service are the property of their respective owners.

5.3. Restrictions on Use. You may not copy, modify, translate, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code or underlying ideas or algorithms from the Service or any Gaijin technology, except where expressly permitted by applicable law. You must not remove, alter, or obscure any copyright, trademark, or proprietary notice appearing in the Service.

5.4. Showcasing and Promotion. Gaijin may, at its discretion, showcase, feature, or otherwise reference Submissions or Assets in promotional materials, communications, or online showcases related to the Service, in accordance with the license granted above. Such use shall not imply endorsement of or by any Developer and will always credit the Developer where reasonably practicable.

5.5. Derivative Works. Gaijin retains ownership of any derivative works that Gaijin independently creates using or incorporating Submissions, such as promotional materials, screenshots, compilations, or other editorial content, as well as any derivatives primarily based on the Service, its components, or subject matter stated in Clause 5.1 above. This does not affect the Developer’s ownership of their own Submissions or any derivative works the Developer creates based on Submissions. Developers remain the sole owners of their games and related content.

5.6. Developer Attribution. Gaijin may display Developer names, project titles, logos, or visual assets for attribution or promotional purposes connected to the Service, so long as such use is non-derogatory.

5.7. Reservation of Rights. Except as expressly stated in these Terms, all rights not granted to Users are reserved by Gaijin and its licensors. No implied licenses or rights are conferred under these Terms.

5.8. Third-Party Components. The Service may include or integrate third-party software, libraries, or services provided under separate open-source or commercial licenses. Their respective license terms govern use of such components, and Gaijin makes no warranty or representation concerning them.

5.9. User-Generated Brand Elements. Gaijin may, at its discretion, make available certain logos, badges, or other brand assets (for example, “Made in collaboration with Gaijin” or “Powered by Gaijin”) for use by Developers in connection with their Submissions or promotional materials. Use of such assets is subject to Gaijin’s Brand Guidelines, where applicable, and must not imply endorsement, partnership, or official affiliation unless expressly authorized in writing by Gaijin. Gaijin reserves the right to revoke or modify such permissions at any time.

6. USER CONTENT AND CONDUCT

6.1. General Conduct. You must use the Service in a lawful, respectful, and responsible manner. You may not interfere with the operation of the Service, attempt to access areas or systems without authorization, harm or disrupt other Users’ experience, or engage in any activity intended to mislead, exploit, or abuse the platform.

6.2. Prohibited Use. You may not use the Service to upload, distribute, or promote any content that is illegal, harmful, deceptive, infringing, harassing, or otherwise inconsistent with the intended use of the Service. This includes any material that violates intellectual property rights, privacy rights, or applicable law, as well as spam, malware, or other harmful code. Gaijin may restrict or suspend your access if you violate these Terms.

6.3. User Content Standards. Users may submit comments, catalog entries, metadata, feedback, and similar materials through the Service. You must ensure that any such content is lawful, appropriate, and does not infringe the rights of others. You may not upload material that is harmful, deceptive, abusive, or otherwise violates these Terms or applicable law. Gaijin may remove or limit access to any content that does not comply with these requirements.

6.4. Reporting Violations You may report inappropriate or unlawful content through the tools available within the Service. Gaijin may review such reports and take action at its discretion. Reports concerning copyright infringement or other legal rights will be handled in accordance with Gaijin’s established procedures described below.

6.5. No Circumvention. You may not attempt to circumvent technical measures, content review mechanisms, platform restrictions, or any enforcement actions applied under these Terms.

7. COMMUNITY AND MODERATION

7.1. Responsibility for User Content. You are solely responsible for all communications, content, and materials you upload, or otherwise make available through any collaborative or community-facing features of the Service (where available). All such material must comply with these Terms and applicable Gaijin policies.

7.2. Moderation Rights. Gaijin may monitor, edit, hide, or remove any content or activity that it considers to (a) violate these Terms; (b) breach applicable law; or (c) undermine the integrity, safety, or reputation of the community. Gaijin’s moderation decisions are final. Gaijin may also restrict or disable access to community features when necessary.

7.3. Community Standards. Users must interact respectfully and may not engage in abusive, harassing, hateful, misleading, or otherwise harmful behavior. This includes impersonation, disruption of discussions, manipulation of community tools, or interference with other Users’ ability to participate.

7.4. Reporting. You may report abusive, harmful, or otherwise inappropriate behavior through the Service’s reporting tools. Reports will be reviewed in accordance with Gaijin’s internal moderation procedures. Reports concerning copyright or other legal rights violations are handled in accordance with the provisions of the section of these Terms dealing with Notice-and-Action / IP Compliance.

7.5. Repeat Violations. Repeated or serious breaches of community standards may result in temporary or permanent suspension or permanent exclusion from the Service and other Gaijin services. Gaijin may also disable communication features for Users who repeatedly abuse them.

7.6. Transparency and Records. Gaijin may log moderation actions and maintain transparency records as required by the DSA and other applicable regulations. Aggregated data about moderation activity may be included in Gaijin’s periodic transparency reports.

7.7. Community Features Disclaimer. Community features are provided for discussion and collaboration only. Gaijin is not responsible for any statements, opinions, or advice expressed by Users and does not guarantee the accuracy, completeness, or usefulness of User-generated communications.

8. NOTICE-AND-ACTION / INTELLECTUAL-PROPERTY COMPLIANCE

The Service follows Gaijin’s established framework for copyright protection and content moderation. If someone believes that content shared through the Service infringes their rights or violates the law, Gaijin provides clear procedures for reporting it, and for Users to respond if their content is removed. These procedures are set out in Gaijin Copyright Compliance Policy and Community Guidelines (DSA). Users must adhere to these policies when uploading or sharing content through the Service. Gaijin reviews and handles all reports in accordance with applicable laws and the procedures outlined in those policies.

9. DATA PROTECTION AND PRIVACY

Gaijin processes personal data in accordance with its Privacy Policy and applicable data-protection laws. The Service collects limited technical data, such as build metadata, telemetry, diagnostic, and crash information, solely to maintain, secure, and improve the Service. Data may be shared with Gaijin affiliates or trusted processors, subject to appropriate safeguards, including international transfers where permitted by law. By using the Service, you consent to such processing and may exercise your data-protection rights in accordance with the Privacy Policy.

10. WARRANTY DISCLAIMER

10.1. As-Is Basis. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Gaijin disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

10.2. No Implied Warranties. To the fullest extent permitted by law, Gaijin expressly disclaims all implied warranties, including merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. No advice or information, whether oral or written, obtained from Gaijin or through the Service creates any warranty not expressly stated in these Terms or the Gaijin Terms of Service.

10.3. Jurisdictional Limits. Some jurisdictions do not allow certain warranty exclusions. In such cases, these disclaimers apply only to the maximum extent permitted by applicable law.

11. LIMITATION OF LIABILITY

11.1. Alignment with Gaijin Terms of Service. The limitations and exclusions of liability set out in the Gaijin Terms of Service apply in full to your use of the Service.

11.2. Additional Limitation of Liability. To the fullest extent permitted by applicable law, Gaijin, its affiliates, officers, employees, and licensors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of the Service. Gaijin is not liable for interruptions, errors, delays, or other technical issues affecting the availability or performance of the Service, except where required by law.

11.3. Mandatory Law. Some jurisdictions do not allow certain limitations or exclusions of liability. In such cases, the limitations in this Section apply only to the maximum extent permitted by applicable law.

12. TERMINATION AND SUSPENSION

12.1. By Gaijin. Gaijin may suspend, restrict, or terminate your access to the Service (in whole or in part) at any time, with or without notice, for any reason permitted under the Gaijin Terms of Service, including breach of these Terms, infringement of others’ rights, unlawful activity, or where technical, security, or operational needs require it. Gaijin may also remove or disable Submissions, Assets, or other materials associated with your account where necessary to enforce these Terms or maintain the integrity of the Service. This includes suspension or discontinuation of access due to Beta testing, maintenance, or feature updates.

12.2. Effect of Termination. Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. However, the provisions that by their nature must survive termination shall remain in effect to the extent necessary to give effect to their purpose.

12.3. By User. You may close your Gaijin Account or stop using the Service at any time in accordance with Gaijin’s Terms of Service. Requests for account deletion will be handled in accordance with Gaijin’s Privacy Policy.

13. CHANGES TO THE SERVICE OR TERMS

13.1. Right to Modify. Gaijin may modify, update, or discontinue the Service, in whole or in part, or revise these Terms at any time to reflect technical, operational, business, or legal requirements, consistent with Gaijin’s update procedures. If Gaijin decides to discontinue the Service in full, Gaijin will provide at least thirty calendar days’ prior notice specifying the effective date of discontinuation. Notice may be provided through the Service, on Gaijin’s legal website, or by email to the address associated with your Gaijin Account.

13.2. Notice of Material Changes. If Gaijin makes changes that materially affect your rights or obligations, notice will be provided through the Service, on Gaijin’s legal website, or by email to the address linked to your Gaijin Account.

13.3. Effective Date and Acceptance. Unless stated otherwise in the notice, updates take effect on the date shown in the “Last Updated” line below. Your continued use of the Service after that date constitutes acceptance of the revised Terms. If you disagree, you must stop using the Service and may request account deletion in accordance with Gaijin’s Terms of Service.

14. GOVERNING LAW AND MISCELLANEOUS

For any matters not specifically addressed in these Terms, including, without limitation, governing law and jurisdiction, the relevant provisions of the Gaijin Terms of Service apply to the Service. Where these Terms include additional or more specific provisions, those specific Service-related provisions shall prevail to the extent of any inconsistency.

Last Updated: 2025-11-25