Terms of Service

1. Who May Use the Services

You must be at least 18 years old, or the age of legal majority where you live if that is older, to create an account or use the Services. The Services are not directed to children, and no one under 18 may use them. By using the Services, you represent and warrant that you meet this requirement.

You also represent and warrant that: (a) you have the legal capacity to enter into a binding contract with us; (b) you are not barred from using the Services under the laws of the United States or any other applicable jurisdiction; (c) you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions or embargoes, and you are not on, or owned or controlled by anyone on, any U.S. government list of prohibited or restricted parties; and (d) we have not previously suspended or terminated your account or access.

If you use the Services on behalf of a company, school, or other organization, you represent and warrant that you are authorized to accept these Terms on its behalf, and “you” then means both you and that organization. If you are not authorized, you are personally bound by these Terms.

2. Changes to These Terms

We may change these Terms from time to time. When we do, we will post the updated Terms on this page and change the “Last updated” date above. If a change is material, we will give you reasonable advance notice before it takes effect, for example by email to the address on your account or by a notice in the Services, unless the change must take effect sooner to comply with law, to address a security risk or abuse, or because it concerns a new feature.

Changes take effect on the date stated in the notice or, if none is stated, when the updated Terms are posted. If you continue to access or use the Services after a change takes effect, you accept the updated Terms. If you do not agree to a change, you must stop using the Services and close your account. Unless the law requires otherwise, updated Terms do not apply to a dispute between you and us that arose before they took effect, and the Arbitration Agreement explains how changes to it apply.

Some features, programs, or offers may be subject to additional terms that we present to you. Those terms become part of these Terms for that feature and control if they conflict with these Terms.

3. The Services

WASD Engine is an agent harness for game development. It lets AI agents plan, write, run, and test game code and create assets with tools such as Godot, Blender, GIMP, and SuperCollider, and it may let you send requests to AI models through our hosted model gateway with your WASD Engine account. You can also release the games you make on our website, where anyone can play them and comment on them.

Early-access software. The Services are at an early stage of development. Versions and features labeled as previews, betas, release candidates, or similar (“Pre-release Features”), and the Services generally, may be incomplete, unstable, or insecure, and may contain errors that cause data loss or other harm. You use them at your own risk.

Changes and availability. We may change, add, remove, suspend, or discontinue any part of the Services, including features, AI models, model providers, plans, usage limits, and supported platforms, at any time, with or without notice, and without liability to you. We do not guarantee that the Services, or any feature, model, or content, will be available at any particular time or place, and we may restrict availability in some regions.

No duty to support. We have no obligation to provide support, maintenance, updates, or backups. Software we distribute may download and install updates, or may require an update before you can keep using the Services. Any support, maintenance, or updates we choose to provide are part of the Services and subject to these Terms.

4. Your Account

Some Services, including the built-in AI of the desktop app, require an account. You must give us accurate, current, and complete information when you register and keep it up to date. An account is for one person and may not be shared, transferred, or sold.

You are responsible for safeguarding your password, your devices, and every sign-in and API token issued for your account, and for all activity that occurs under your account or with your tokens. API tokens act as your account: keep them secret, and do not put them in software, repositories, or content that others can access. Tell us right away at contact@wasdengine.com if you believe your account or a token has been compromised. We are not liable for any loss caused by unauthorized use of your account or tokens.

We may require you to confirm your email address, place new accounts on a waitlist, and approve, decline, limit, or revoke access to accounts at our sole discretion, including to manage capacity. Joining a waitlist does not guarantee access.

You may not create more than one account, or create accounts by automated means, to obtain additional free usage, to evade usage limits, or to get around a suspension or termination.

5. Software, Open-Source Licenses, and Our Rights

Open-source software. The source code of the WASD Engine desktop application and harness is published at github.com/WASDEngine/WASD-Engine under the GNU General Public License, version 3, and the other open-source licenses identified in that repository, and the software includes third-party open-source components, such as Godot, Blender, GIMP, and SuperCollider, under their own licenses (together, “Open-Source Licenses”). Your rights to use, copy, modify, and distribute that software are governed by the applicable Open-Source License. Nothing in these Terms limits any right an Open-Source License grants you, or imposes any restriction that an Open-Source License prohibits. These Terms govern the hosted Services, such as your account and our model gateway, whatever software you use to reach them.

License to the hosted Services. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the hosted Services for your own purposes. We may revoke this license at any time.

Our rights. Except for the rights granted by Open-Source Licenses, the Services and all related software, content, designs, and documentation, and all intellectual property rights in them, are owned by us or our licensors. We reserve all rights not expressly granted to you in these Terms.

Trademarks. “WASD Engine,” the WASD Engine logo, the keycap mark, and our other names, logos, and slogans are our trademarks. Open-Source Licenses do not grant rights to use them. You may not use them, or confusingly similar marks, without our prior written permission, including as the name or branding of a modified version, fork, or derivative of our software, except to state truthfully and without suggesting endorsement that your work is based on WASD Engine. Other names and logos, including those of Godot, Blender, GIMP, SuperCollider, DeepSeek, and AI providers, belong to their owners.

Independence. WASD Engine is an independent project. It is not affiliated with, endorsed by, or sponsored by DeepSeek, the Godot Foundation, the Blender Foundation, the GIMP project, the SuperCollider project, or any AI provider whose agents can connect to WASD Engine.

6. AI Features and Outputs

The Services use artificial intelligence, including large language models operated by third parties such as DeepSeek, to generate text, code, images, audio, 3D assets, tool calls, and other material in response to your Inputs (defined in Your Content). This material is “Output.”

Outputs are generated by AI. Outputs are produced automatically by AI models and are not reviewed by us. They may be inaccurate, incomplete, out of date, insecure, offensive, or not what you intended, and they may contain errors or omissions. Outputs are for reference only. They are not statements by us, and they are not professional, legal, financial, medical, or security advice. You must evaluate every Output, including through human review, before you rely on it, run it, publish it, or share it, and you are solely responsible for the decisions you make and the actions you and your agents take based on Outputs.

Outputs may not be unique. The same or similar Outputs may be generated for other users, and your rights in Outputs do not extend to Outputs generated for others.

No assurance about rights in Outputs. We do not represent or warrant that Outputs are original, free of third-party intellectual property, or eligible for copyright or other protection. In many places, material generated by AI without enough human authorship cannot be protected by copyright. You are responsible for making sure that your use of Outputs, including in games you publish or sell, does not infringe or violate anyone’s rights or any law.

Model providers. When you use our hosted AI features, your Inputs are processed by the third-party model providers we use, currently DeepSeek. With respect to content you submit through the Services, you must comply with the DeepSeek Terms of Use and with any terms or usage policies of other model providers that we tell you about, and you are responsible for any breach of them caused by you or your agents. We may change models or model providers at any time.

No guaranteed performance. We do not guarantee any particular model, quality, capability, speed, context length, or availability of hosted AI features.

7. AI Agents and Actions on Your Devices

WASD Engine is built to let AI agents act for you. Depending on your settings and the permissions you give, agents can read, create, modify, move, and delete files; run shell commands, scripts, and programs, including Godot, Blender, GIMP, SuperCollider, and package managers; install software; start and control games; reach local and remote networks and services; and use other tools and accounts available on your computer, sometimes without asking you first. Third-party agents that you connect to WASD Engine, for example over the Model Context Protocol (MCP), can use WASD Engine’s tools in the same ways.

AI agents make mistakes and can behave unpredictably. They can delete or corrupt files and projects, overwrite work, expose secrets or personal information, run harmful or destructive commands, install unwanted software, use up system resources, incur charges with third-party services, and follow malicious instructions hidden in files, web pages, or other content they read.

You are solely responsible for the agents you run and for everything they do through the Services, including:

• choosing which tools, files, folders, accounts, credentials, and permissions agents can use;
• reviewing and approving actions before they run, and supervising agents while they work;
• keeping current backups and using version control for anything you value, and running agents in an isolated environment where appropriate;
• every file, command, program, and change that agents create, run, or make; and
• the conduct of any third-party agent, model, or tool you connect to the Services, which is governed by its provider’s terms.

You assume all risks of AI agents acting on your devices, accounts, and data. To the maximum extent permitted by law, we are not responsible or liable for any loss of or damage to data, files, projects, software, devices, systems, or accounts, for any security incident, or for any other harm caused by actions taken by AI agents, whether those agents are provided by WASD Engine or by anyone else.

8. Your Content

Your Content. “Inputs” are the prompts, instructions, messages, files, code, images, audio, project data, and other material that you, or agents acting for you, submit to the Services. Inputs and Outputs together are “Your Content.” As between you and us, and to the extent permitted by law, you keep any rights you have in your Inputs, and we assign to you any right, title, and interest we may have in Outputs generated for you. This does not give you rights in the Services or in Outputs generated for others.

License to us. You grant us, our service providers, and our model providers a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, copy, transmit, process, analyze, modify (for example, to reformat or re-encode), display, and otherwise use Your Content as needed to provide, operate, maintain, secure, and improve the Services, to prevent fraud and abuse, to comply with law, and to enforce these Terms. This license lasts for as long as we or they hold Your Content, including in backups and records kept as the law requires.

Your responsibility. You are solely responsible for Your Content and how you use it. You represent and warrant that you have, and will keep, all the rights, licenses, consents, and permissions needed to submit your Inputs and to grant the license above, and that Your Content, and our use of it under these Terms, will not violate these Terms, any law, or anyone’s rights, including intellectual property, privacy, and publicity rights.

Information you must not submit. Do not submit, and do not let agents submit, anything you do not want processed by us and our model providers. In particular, you must not submit:

• personal information about other people unless you have a lawful basis for doing so and have given any notices and obtained any consents the law requires;
• sensitive personal information, such as government identification numbers, financial account or payment card numbers, health or biometric information, or precise location data;
• protected health information under HIPAA, or other information subject to special legal protection or to export controls;
• passwords, private keys, or other credentials; or
• confidential information that you do not have the right to share.

Agents can put the contents of files, command output, and environment variables into their requests, so keep such information out of their reach.

No obligation to store. The Services are not a storage or backup service. We may delete Your Content at any time, including after your account closes, and you are responsible for keeping your own copies. The projects, files, and conversation history that the desktop app keeps on your device remain under your control.

Review and removal. We have no obligation to monitor Your Content, but we may access, review, screen, block, remove, or disclose it when we believe that is necessary to operate the Services, to investigate a possible violation of these Terms, to protect anyone’s rights or safety, or to comply with law.

Feedback. If you send us ideas, suggestions, bug reports, or other feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use it for any purpose without restriction, compensation, or attribution to you. Feedback you post on public sites, such as our GitHub repository, is public.

9. Acceptable Use

You must not use the Services, or help or allow anyone else to use them, to:

• violate any law or regulation, or anyone’s rights, including intellectual property, privacy, and publicity rights;
• create, upload, or distribute child sexual abuse material or any content that sexualizes, exploits, or endangers minors (we report apparent child sexual abuse material to the National Center for Missing & Exploited Children and to law enforcement);
• create or distribute non-consensual intimate imagery, or content that harasses, threatens, defames, or incites violence or hatred against any person or group;
• develop, distribute, or deploy malware, ransomware, spyware, or other malicious code, or gain unauthorized access to, attack, or disrupt any system, network, account, or data;
• probe, scan, or test the vulnerability of the Services, or breach or get around any security measure, authentication, rate limit, usage limit, waitlist, or access control, unless we have given you written permission;
• interfere with or disrupt the Services, place an unreasonable load on our infrastructure, or access the hosted Services by automated means other than through the interfaces and API tokens we provide for that purpose;
• resell, sublicense, lease, or provide the hosted Services, your account, or your tokens to anyone else, or use them to offer a service to others, for example by running a proxy, relay, or public API on top of them;
• systematically collect data from, or generate data in bulk with, the Services in order to train, fine-tune, distill, or evaluate AI models, or to build a product or service that competes with WASD Engine;
• scrape, crawl, or harvest content or data from the Services, except that public search engines may index our public website as any robots.txt file we publish allows;
• decompile, disassemble, or reverse engineer any part of the Services that we do not provide to you as source code under an Open-Source License, or try to obtain our server code, model weights, or credentials, except to the extent applicable law expressly permits this despite this restriction;
• impersonate any person or entity, misrepresent your affiliation with anyone, or present Outputs as made by a human where that is deceptive or where a law or platform rule requires disclosure that content was generated by AI;
• engage in fraud, phishing, spam, or other deceptive practices, or create disinformation intended to mislead;
• help develop or use chemical, biological, radiological, or nuclear weapons, explosives, or other weapons designed to cause mass harm;
• carry out unlawful surveillance, tracking, or profiling of people, or identify people from biometric data without the consent the law requires;
• make or support decisions that have legal or similarly significant effects on people, such as decisions about credit, employment, housing, insurance, education, or access to essential services;
• operate in hazardous settings that require fail-safe performance, such as nuclear facilities, aircraft navigation, life-support systems, or weapons systems, where a failure could lead to death, personal injury, or severe physical or environmental damage;
• violate the terms or usage policies of any model provider whose models you reach through the Services;
• violate export control or sanctions laws; or
• attempt, encourage, or assist any of the above.

We may investigate suspected violations and take any action we consider appropriate, with or without notice, including removing content, limiting or blocking requests, suspending or terminating accounts and tokens, and reporting conduct to law enforcement or other authorities.

10. Plans, Credits, Usage Limits, and Payment

Free access and credits. We may offer free access to the Services, free plans, or free AI usage or credits (“Free Credits”). Free Credits are a promotional benefit we provide at our discretion. They have no cash value, are not your property, cannot be sold, transferred, or redeemed for cash, and may expire. We may change, limit, or end free access and Free Credits, including their amounts and who is eligible, at any time without notice or liability.

Usage limits. Use of the Services is subject to limits, which may cover requests, tokens, concurrent sessions, web searches, and weekly or other periodic usage, and which may differ by plan. Limits described as “generous,” “high,” or in similar words are not unlimited. We may set, change, and enforce limits at any time, and we may throttle, queue, or refuse requests, or suspend access, if we believe your usage exceeds your limits, is abusive, or threatens the stability of the Services.

Paid plans. We may offer paid plans, such as Pro and Max, and other paid features, which may not be available yet. If you buy one:

• you agree to pay all fees and applicable taxes for it, in U.S. dollars unless we say otherwise, and you authorize us and our payment processor to charge your payment method;
• subscriptions renew automatically at the end of each billing period for another period of the same length at the then-current price, and we will charge your payment method at each renewal until you cancel;
• you may cancel at any time in your account or by contacting us; cancellation takes effect at the end of the current billing period, and you keep access to the paid plan until then;
• AI usage included with a plan applies only to the billing period it comes with, does not roll over to later periods, and has no cash value;
• all fees are non-refundable, and we do not give refunds or credits for partial billing periods, unused usage, or downgrades, except for any prorated charge or credit the Services apply when you switch plans, where the law requires, or as stated in Suspension and Termination;
• we may change prices on at least 30 days’ notice; a new price applies from your first billing period that starts after the notice period ends, and you may cancel before then if you do not agree to it;
• if a payment fails or is reversed, we may suspend or downgrade your plan until it is paid, and you remain responsible for the amounts owed; if you dispute a valid charge with your bank or card issuer instead of contacting us, we may suspend or terminate your account; and
• payments are processed by third-party payment processors, such as Stripe, under their own terms and privacy policies, and we are not responsible for their acts or omissions.

Taxes. Prices do not include taxes unless we say they do. You are responsible for all sales, use, value-added, and similar taxes on your purchases, other than taxes on our net income.

Errors. We may correct pricing, billing, and usage-accounting errors at any time, even after an order is placed or a charge is made.

11. Third-Party Services

The Services work with and link to products, services, websites, and content that we do not control, including AI model providers, AI agents you connect to WASD Engine, GitHub, payment processors, game engines and creative tools, asset sources, and game distribution platforms (“Third-Party Services”). Your use of Third-Party Services is governed by their own terms and privacy policies, and you are responsible for complying with them. We do not endorse Third-Party Services, and we are not responsible or liable for them, for their content, availability, security, or data practices, or for any loss or damage caused by your use of them. We may add, change, or remove integrations with Third-Party Services at any time.

12. Games and Projects You Make

You are solely responsible for the games, assets, code, and other works that you create, publish, distribute, or sell with the help of the Services (“Your Projects”), including for:

• complying with the laws that apply to them, such as consumer protection, privacy, accessibility, and age-rating laws;
• complying with the rules of every store or platform where you distribute them, including rules that require you to disclose AI-generated content;
• complying with the licenses of every engine, library, asset, font, and tool you use or redistribute, including the obligations of copyleft licenses such as the GNU General Public License; and
• handling any claims by your players, customers, or others.

Releasing games and posting comments. When you release a game through the Services, or post a comment or reply on a game’s page, you publish it: anyone, with or without an account, can play the game or read the comment under your display name, and our Explore page may list your game. You grant us and our service providers a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, adapt (for example, to compress or re-encode), distribute, publicly perform, and publicly display each game and comment you publish, and to let anyone play, view, and link to it through the Services. This license lasts while it is published and afterwards for as long as we hold copies of it in backups and records. You represent and warrant that you have every right needed to publish it, including rights in the code, art, music, sounds, and fonts a game contains.

We do not review games or comments before they are published, and the games and comments that others publish are theirs, not ours: you play and read them at your own risk. We may decline, hide, or take down any game or comment at any time, with or without notice, and we have no obligation to keep any of it available. The creator of a game may delete comments on its page. You may ask us to take down a game you released, and you may delete your comments; copies that others made, and replies that others posted, may remain.

We are not a party to any relationship between you and the users of Your Projects and have no responsibility for Your Projects.

13. Privacy

Our Privacy Policy describes how we collect, use, and share information when you use the Services, including that the content of your requests to our hosted AI features is sent to our model provider, DeepSeek, which processes it in the People’s Republic of China. By using the Services, you acknowledge that we will handle your information as the Privacy Policy describes. You are responsible for giving any notices and obtaining any consents needed for us to process information about other people that you submit.

14. Copyright Complaints

We respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act. To report material on the Services that you believe infringes your copyright, send a written notice to our copyright agent at contact@wasdengine.com with the subject line “DMCA Notice” that includes:

• your physical or electronic signature;
• identification of the copyrighted work you claim is infringed;
• identification of the material you claim is infringing, with information reasonably sufficient for us to locate it;
• your name, mailing address, telephone number, and email address;
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

If you believe material was removed or disabled by mistake or misidentification, you may send us a counter-notice that meets the requirements of the Digital Millennium Copyright Act. We may remove or disable access to material that is alleged to infringe, and in appropriate circumstances we terminate the accounts of users who repeatedly infringe.

15. Suspension and Termination

You may stop using the Services at any time. To close your account, email us at contact@wasdengine.com from the email address on your account.

We may suspend, limit, or terminate your account, your tokens, or your access to all or part of the Services, and may delete your account and Your Content, at any time, for any reason or no reason, with or without notice. Reasons may include that we believe you have violated these Terms or the law, that your use creates risk or possible legal exposure for us or others, that your account has been inactive for an extended period, that a model provider or other third party requires it, or that we are no longer offering the Services. We are not liable to you or anyone else for any suspension or termination.

If we terminate your paid plan for a reason other than your breach of these Terms or of the law, we will refund the prepaid fees for the unused remainder of its current billing period. Otherwise, no refund is owed on suspension or termination.

When your account ends, your rights under these Terms end immediately and you must stop using the hosted Services. Every provision of these Terms that by its nature should survive termination survives it, including those on Your Content, Feedback, fees owed, the Disclaimer of Warranties, the Limitation of Liability, Indemnification, Release, the Arbitration Agreement, Governing Law, and General Terms.

16. Disclaimer of Warranties

THE SERVICES, OUTPUTS, AND ALL SOFTWARE, CONTENT, AND MATERIALS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WASD ENGINE PARTIES (DEFINED IN THE LIMITATION OF LIABILITY SECTION) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, SAFE, LAWFUL, NON-INFRINGING, OR FIT FOR ANY PURPOSE; OR THAT ANY ACTION TAKEN BY AN AI AGENT WILL BE CORRECT, SAFE, OR WHAT YOU INTENDED. YOU USE THE SERVICES, RELY ON OUTPUTS, AND LET AGENTS ACT AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, SOFTWARE, OR DATA, AND ANY OTHER LOSS, THAT RESULTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. OPEN-SOURCE SOFTWARE IS ALSO PROVIDED WITHOUT WARRANTY, AS ITS OPEN-SOURCE LICENSE STATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, BUT THEY APPLY TO THE FULLEST EXTENT THE LAW PERMITS.

17. Limitation of Liability

In this section and the sections that follow, the “WASD Engine Parties” are WASD Engine and its owners, members, managers, shareholders, directors, officers, employees, contractors, agents, affiliates, successors, assigns, licensors, and service providers.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY WASD ENGINE PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA OR CONTENT, LOSS OF USE, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING ANY OUTPUT AND ANY ACTION TAKEN BY AN AI AGENT, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF A WASD ENGINE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ALL WASD ENGINE PARTIES TOGETHER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY AND (B) FIFTY U.S. DOLLARS (US $50).

THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US, WHICH WE WOULD NOT HAVE MADE WITHOUT THEM, AND THEY REFLECT THAT WE PROVIDE MUCH OF THE SERVICES FOR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THERE, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT THE LAW PERMITS. NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

18. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the WASD Engine Parties from and against all claims, demands, actions, and proceedings, and all related losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to:

• your access to or use of the Services;
• Your Content and Your Projects;
• actions taken by AI agents that you run or connect to the Services;
• your violation of these Terms, of any model provider’s terms, or of any law;
• your violation of anyone’s rights; or
• any dispute between you and a third party.

We may take over the exclusive defense and control of any matter you must indemnify us for, at your expense, and you will cooperate with our defense. You may not settle any such matter without our prior written consent.

19. Release

To the maximum extent permitted by law, you release the WASD Engine Parties from all claims, known and unknown, arising out of or relating to disputes between you and other users or third parties, including providers of Third-Party Services. If you are a California resident, you waive California Civil Code Section 1542, 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.” You also waive any similar law of any other jurisdiction.

20. Arbitration Agreement and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

Scope. You and WASD Engine agree that any dispute, claim, or controversy between you and us, or between you and any WASD Engine Party, that arises out of or relates in any way to these Terms, the Services, Outputs, or your relationship with us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before or after you accepted these Terms (a “Dispute”), will be resolved by final and binding individual arbitration, except as stated under Exceptions below. This Arbitration Agreement evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 and following.

Informal resolution first. Before starting an arbitration, a party with a Dispute must send the other a written notice (a “Notice”) that includes the party’s name and contact information, the email address of the account involved, a description of the Dispute, and the relief sought. Send Notice to us at contact@wasdengine.com with the subject line “Notice of Dispute”; we will send Notice to the email address on your account. For 60 days after a Notice is received, the parties will try in good faith to resolve the Dispute informally, which, if either party asks, includes an individual telephone or video conference in which you and a representative of WASD Engine take part personally (with counsel, if you have one). Completing this process is a condition of starting an arbitration. Statutes of limitations and filing-fee deadlines are tolled while the parties take part in it, and a court may enforce this paragraph, including by staying or dismissing an arbitration started without it.

Exceptions. Either party may (a) bring an individual action in small claims court for a Dispute within that court’s jurisdiction, as long as it stays there and proceeds on an individual basis, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to stop the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, or unauthorized access to, interference with, or abuse of the Services. Nothing in this Arbitration Agreement prevents you from reporting a matter to a government agency.

Rules and arbitrator. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules if you use the Services for personal purposes, and otherwise under its Commercial Arbitration Rules, including in either case any supplementary rules for mass arbitration (the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available at adr.org. A single arbitrator will decide each Dispute. If the AAA is unable or unwilling to administer the arbitration consistently with this Arbitration Agreement, the parties will agree on another administrator, or a court will appoint one.

Procedure. Unless the parties agree otherwise or the arbitrator decides that an in-person hearing is necessary, the arbitration will be conducted by videoconference, by telephone, or on written submissions. An in-person hearing will take place in the county where you live if you use the Services for personal purposes, and otherwise in New Castle County, Delaware. The arbitrator may award any individual relief that a court could award to an individual under applicable law, but only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. The arbitrator will issue a reasoned written decision, and judgment on the award may be entered in any court of competent jurisdiction.

Fees. The AAA Rules govern the payment of filing, administration, and arbitrator fees, and they limit the fees a consumer pays. Each party bears its own attorneys’ fees and costs, unless applicable law or the AAA Rules provide otherwise or the arbitrator finds that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award fees and costs to the other party.

Who decides. The arbitrator has exclusive authority to resolve any dispute about the formation, existence, scope, interpretation, applicability, validity, or enforceability of this Arbitration Agreement, except that a court of competent jurisdiction has exclusive authority to decide disputes about (a) the Class Action Waiver below, including its enforceability, (b) the Mass Arbitration procedures below, and (c) whether a party has satisfied the informal resolution requirement above.

CLASS ACTION WAIVER. YOU AND WASD ENGINE AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THAT AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, EXCEPT AS THE MASS ARBITRATION PROCEDURES BELOW PROVIDE.

If a court decides that applicable law prevents enforcement of the Class Action Waiver for a particular claim or request for relief, such as a request for public injunctive relief, that claim or request will be severed from the arbitration and brought in court, where it will be stayed until the individual claims are resolved in arbitration. If the Class Action Waiver is found unenforceable for a class or collective claim as a whole, this Arbitration Agreement will not apply to that claim, which may proceed only in court.

Mass arbitration. If 25 or more Notices or demands for arbitration raising similar claims are submitted by or with the help of the same law firm, group of law firms, or coordinated organizations (a “Mass Filing”), these procedures apply in addition to the AAA Rules. Counsel for the claimants and we will each select 10 claims, 20 in all, to be filed and decided first as bellwether arbitrations, each before a different arbitrator. The other claims will not be filed, and no fees will be due for them, until the bellwether arbitrations are decided. The parties will then mediate the remaining claims in good faith for at least 60 days. If mediation does not resolve them, they will be filed and decided in batches of up to 100 claims, unless the parties agree otherwise, with one arbitrator and one set of fees for each batch. Statutes of limitations and filing-fee deadlines for each claim in a Mass Filing are tolled from the time its Notice is sent until it is filed or resolved. A court may enforce these procedures, including by enjoining the filing or administration of demands that do not follow them.

Opting out. You may opt out of this Arbitration Agreement by emailing us at contact@wasdengine.com from the email address on your account, with the subject line “Arbitration Opt-Out” and a statement that you opt out, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms. If you opted out of an earlier version of this Arbitration Agreement, your opt-out remains in effect.

Changes. If we make a material change to this Arbitration Agreement, you may reject the change by emailing us at contact@wasdengine.com within 30 days after it takes effect, in which case the most recent version you accepted continues to apply to you. A change never applies to a Dispute for which a Notice was already sent or an arbitration already started.

Severability and survival. Except as stated for the Class Action Waiver, if any part of this Arbitration Agreement is found unenforceable, the rest of it remains in effect. This Arbitration Agreement survives the termination of these Terms and of your account.

21. Governing Law, Venue, and Time to Sue

These Terms and every Dispute are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the Arbitration Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any Dispute that is not arbitrated, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and waive any objection to those courts based on personal jurisdiction or inconvenient forum.

JURY TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE THAT PROCEEDS IN COURT.

Time to sue. To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one year after it arises, or it is permanently barred.

22. Export Controls and Sanctions

The Services and our software are subject to U.S. export control and economic sanctions laws, and may be subject to those of other countries, and you must comply with all of them. You may not access, use, export, re-export, or transfer the Services or any Output (a) to or within any country or region subject to comprehensive U.S. sanctions or embargoes; (b) to anyone on, or owned or controlled by anyone on, a U.S. government list of prohibited or restricted parties, such as the Specially Designated Nationals and Blocked Persons List or the Entity List; or (c) for any end use those laws prohibit, including the development or production of weapons of mass destruction.

23. Electronic Communications and Notices

By using the Services, you consent to receive communications from us electronically, including by email and through notices in the Services, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. We send service messages, such as email confirmations, security alerts, account notices, and notices of changes to these Terms, which you cannot opt out of while you have an account. You may opt out of any marketing messages by following the instructions in them.

We may give you notice by email to the address on your account or by posting it in the Services, and notice is effective when sent or posted. You are responsible for keeping your email address current. You may give us notice by email to contact@wasdengine.com; notice to us is effective when we receive it.

24. General Terms

Entire agreement. These Terms, together with the Privacy Policy and any additional terms we present for particular features, are the entire agreement between you and us about the Services and supersede all prior agreements, communications, and understandings about them.

Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without your consent and without notice, including to an affiliate, to a company or other successor formed to own or operate WASD Engine, or in connection with a merger, acquisition, reorganization, financing, or sale of all or part of our business or assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Severability. If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permissible or changed to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force and effect, except as the Arbitration Agreement states.

No waiver. Our failure to enforce a right or provision is not a waiver of it. A waiver is effective only if it is in writing and signed by us.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, acts of government, war, terrorism, civil unrest, labor disputes, epidemics, power or internet outages, failures of hosting, model, or other providers, and cyberattacks.

Relationship. You and we are independent contractors. These Terms do not create a partnership, joint venture, employment, agency, or fiduciary relationship.

Third-party beneficiaries. The WASD Engine Parties are third-party beneficiaries of the Disclaimer of Warranties, the Limitation of Liability, Indemnification, Release, and the Arbitration Agreement. These Terms have no other third-party beneficiaries.

Interpretation. Headings are for convenience only. “Including” and similar words mean “including without limitation.” These Terms will not be construed against the party that drafted them. If we provide a translation of these Terms, the English version controls.

U.S. government users. The Services are “commercial products” and “commercial computer software” as those terms are used in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement, and government users receive only the rights set out in these Terms and in the applicable Open-Source Licenses.

California users. Under California Civil Code Section 1789.3, California users are entitled to this consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

25. Contact

Questions about these Terms? Email us at contact@wasdengine.com.