Terms of Service

GameFoundry is operated by Fracturelabs OÜ, a private limited company (osaühing) registered in Estonia under registry code 14651876, with its registered office at Saani tn 2/2-26, Põhja-Tallinna linnaosa, Tallinn, Harju maakond, 10149, Estonia.

In these Terms, 'Fracture Labs', 'we', 'us' and 'our' refer to Fracturelabs OÜ. You can reach us using the details on our Contact page.

GameFoundry is intended for users aged 13 and older. You must confirm you are at least 13 when you create an account. The service is not available to children under 13.

If you are between 13 and the age of majority where you live, you may use GameFoundry only with the involvement of a parent or guardian, and they should review these Terms with you. Any paid plan must be set up and paid for by an adult who accepts these Terms.

GameFoundry provides in-browser tools for creating game assets, including image, audio, level-design and AI-assisted generation tools, plus a tester feedback portal. Free in-browser tools are available without charge; some features consume credits or require a paid plan.

We may add, change, suspend or remove features at any time. We aim to give reasonable notice of significant changes that materially affect you.

You are responsible for the accuracy of your registration information, for keeping your credentials secure, and for all activity under your account. Tell us promptly if you believe your account has been compromised.

Your use of GameFoundry must comply with our Acceptable Use Policy, which forms part of these Terms. You may not use the service for unlawful, harmful, infringing or age-inappropriate purposes, and you may not misuse the AI tools to generate prohibited content or to bypass safety measures.

Paid plans are billed through our payment processor, Stripe, on a recurring basis until cancelled. Each plan includes a monthly credit allowance. Credits are valid for the billing month in which they are granted and do not roll over; unused credits expire at the end of each billing period. Free-tier credits refill monthly.

Prices and credit allowances may change; we will give reasonable notice of material changes before they take effect. You can cancel a paid plan at any time, effective at the end of the current billing period — cancellation stops future renewals but does not shorten the period you have already paid for.

You are responsible for any taxes that apply to your purchase, other than taxes on our income.

When an AI generation you have spent credits on fails on our side, those credits are returned to your balance automatically. A generation 'fails' when our system or an AI provider does not return a usable result; it does not cover results you are simply unhappy with.

Beyond that automatic credit return, paid subscriptions and consumed credits are generally non-refundable, because the service is delivered immediately and on an ongoing basis. We know that does not fit every situation, so if you have a billing problem — an unexpected charge, a technical issue that stopped you using what you paid for, or anything similar — contact us and we will review it in good faith and work with you on a fair resolution.

Nothing in this section limits any non-waivable refund or withdrawal rights you have under the consumer-protection law that applies where you live.

You retain ownership of the content you upload to or create on GameFoundry — your prompts, images, project files, bug reports and comments ('Your Content'). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit and display Your Content, and to make technical copies of it, solely to operate, secure, support and improve the service.

You are responsible for Your Content and must hold the rights needed to submit it and to use it for your intended purpose. Do not upload content you do not have permission to use.

Some GameFoundry tools use third-party AI models to generate assets such as sprites, images, sound effects, music, character voices and source code ('Generated Output'). As between you and Fracture Labs, and to the extent we hold any rights in Generated Output you create, we assign those rights to you so that you may use Generated Output in your projects, including commercially. We do not claim ownership of the games or assets you build.

This is subject to two important limits. First, your rights in Generated Output are also governed by the terms of the AI provider that produced it (for example Anthropic, OpenAI or Replicate) and the underlying model licences; where a provider's terms restrict how output may be used, those restrictions apply to you too. Second, the law on whether AI-generated material can be owned or protected by copyright at all is unsettled and varies by country, and in some places purely machine-generated output may not be protectable.

AI output is not unique. The same or a similar prompt can produce the same or similar results for other users, and Generated Output may resemble existing works or other users' output. We do not warrant that Generated Output is original, non-infringing, or free of third-party rights.

You are responsible for reviewing Generated Output before you use it and for obtaining any clearances, licences or permissions needed to use it — including checking for copyright, trademark, likeness, voice and publicity-rights issues before any commercial use. Generated source code may contain errors, insecure patterns or licensing characteristics that require review; you must test and review generated code before relying on it.

GameFoundry does not train AI models of its own and does not use Your Content to build one. Our AI features are delivered through third-party providers, which process prompts and content under their own terms; our Privacy Policy explains which providers are involved and what they receive.

We respect intellectual-property rights and expect users to do the same. If you believe content on GameFoundry infringes your copyright, you can ask us to remove it; if you believe your own content was removed in error, you can object. The information we need, the takedown and counter-notice process, and our policy on repeat infringers are set out in our Copyright Policy.

GameFoundry is built on open-source software and integrates third-party provider APIs. Those components are governed by their own licences and terms, and the underlying providers process certain data to deliver their features. Our Privacy Policy lists the providers we use.

The GameFoundry name, logo, branding, user interface and the site itself are owned by Fracturelabs OÜ or its licensors. These Terms do not grant you any rights in our trademarks or branding. The licences for the open-source components we build on are unaffected by this section.

You may use GameFoundry only where doing so is permitted under applicable export-control and economic-sanctions laws. By using the service you confirm that you are not located in, ordinarily resident in, or acting on behalf of anyone in a country or region subject to comprehensive sanctions, and that you are not on a restricted-party or denied-party list. You agree not to use GameFoundry, or any output from it, for any purpose prohibited by export-control law.

We may suspend or terminate an account that violates these Terms or the Acceptable Use Policy, that creates legal risk for us or other users, or where suspension or termination is required to comply with law. Where it is reasonable and lawful to do so, we will give you notice and a chance to address the problem first; serious violations, including anything involving the safety of minors, may result in immediate termination.

You may stop using GameFoundry and delete your account at any time from Account settings. Sections that by their nature should survive termination — including content licences you have granted, disclaimers, limitation of liability, indemnification and governing law — continue to apply after your account ends.

GameFoundry is provided 'as is' and 'as available', without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, to the fullest extent permitted by law.

We do not warrant that the service will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the service or any output will meet your requirements. AI-generated output — including generated art, audio, character voices and source code — is produced automatically, may be inaccurate, incomplete, insecure or infringing, and must be reviewed and tested by you before you rely on it.

GameFoundry is a creative-tooling service, not a backup service. We do not guarantee that projects, assets or other data stored with the service will be preserved, so you should keep your own copies of anything important.

To the fullest extent permitted by law, Fracture Labs will not be liable for any indirect, incidental, special, consequential or exemplary damages, or for any loss of profits, revenue, data, goodwill, or game projects or assets, or for the cost of substitute tools, arising out of or relating to your use of (or inability to use) GameFoundry or any output from it, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims relating to the service in any twelve-month period will not exceed the greater of the total amount you paid us for the service in that period or 50 euros.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law that applies to you — including liability for death or personal injury caused by negligence, for fraud, or for any mandatory rights you have as a consumer. If you are a consumer, these limitations apply only to the extent the consumer-protection law of your country of residence allows.

If a third party brings a claim against us because of content you submitted or generated, your breach of these Terms or the Acceptable Use Policy, or your violation of someone else's rights, you agree to cover the reasonable costs, losses and damages we incur as a result, to the extent the law allows and the claim is attributable to you. We will notify you of the claim and let you participate in handling it. This section does not apply to a consumer where local law does not permit it.

We may update these Terms from time to time. When we do, we will post the updated version with a new 'last updated' date, and for material changes we will provide reasonable notice — for example by email or an in-product notice — before they take effect. If you continue using GameFoundry after a change takes effect, you accept the updated Terms; if you do not agree, you should stop using the service and may close your account.

These Terms, and any dispute arising out of or in connection with them or your use of GameFoundry, are governed by the laws of Estonia, without regard to its conflict-of-laws rules. The courts of Estonia have jurisdiction over any such dispute.

If you are a consumer resident in the European Union, this does not deprive you of the protection of the mandatory consumer-law provisions of your country of residence, and you may also be able to bring proceedings in the courts there.

We would always rather resolve a problem directly, so please contact us first and we will try to sort it out.

Questions about these Terms can be sent to the addresses on our Contact page. Our company details are set out in section 1 above.