Endless Adventures Terms of Use
Please read these terms and conditions (“Agreement”) carefully. By creating an account with Endless Adventures, Inc. (“EAI,” “we,” or “us”), downloading Adventure Forge, or using any of our online properties, products, services, and platforms (collectively, the “Services”), you agree to the terms and conditions of this Agreement. This Agreement applies to all users who access the Services (“Users”).
Please read our Privacy Policy, which is included as part of this Agreement and is available at https://adventureforge.games/privacy-policy. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Services. We may modify this Agreement at any time by posting the updated version at https://adventureforge.games/terms-of-service or by sending you a notice via email. Your continued use of the Services following such notification constitutes your acceptance of the modified terms.
YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO USE OR ACCESS THE SERVICES. IF YOU ARE UNDER SUCH AGE, YOU MUST NOT USE OR ACCESS THE SERVICES.
IF YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE, BUT UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE USING THE SERVICES, YOUR PARENT OR LEGAL GUARDIAN (“GUARDIAN”) MUST READ AND CONSENT TO THIS AGREEMENT. BY PERMITTING A MINOR TO USE THE SERVICES, A MINOR’S PARENT OR GUARDIAN BECOMES SUBJECT TO THE AGREEMENT AND AGREES TO BE RESPONSIBLE FOR THE MINOR’S ACTIVITIES ON THE SERVICES.
1. Account Creation
Your Account. You need to create an account (“Account”) to access certain Services. To create an Account, you must provide a valid email address, date of birth, and password, and provide truthful and accurate information. You agree that all information provided to EAI will be true, accurate, and up to date. EAI reserves the right to verify any information you provide in connection with your Account.
Account Security. You acknowledge and agree you are responsible for all activities conducted through your Account. You are responsible for maintaining the confidentiality and security of your Account credentials. Access to Services must be through your own Account only. The sale or purchase of Accounts or access credentials is expressly forbidden. Upon suspicion or awareness of Account compromise or unauthorized use, you must immediately notify us at compliance@endlessadventuresinc.com.
Account Suspension or Termination. Violation of this Agreement or any EAI policies may result in Account suspension or termination at EAI’s sole discretion. Guardians of Minors may request Account termination by emailing compliance@endlessadventuresinc.com.
Access to Services. We reserve the right, in our sole discretion, to change or suspend the Services (or any portion thereof) at any time and for any reason, including to comply with laws or to protect our users or reputation, without notice or liability to you, unless required by law.
2. Digital Content
Acquisition of Digital Content. The Services may enable you to access or acquire digital items, digital goods, Content Packs, or access to certain interactive content (collectively, “Digital Content”). These transactions are for personal entertainment only and do not establish enforceable property rights in any Digital Content. “UGC” means any content that you or another user creates, uploads, submits, publishes, displays, generates, transmits, or otherwise makes available through the Services.
Removal of Digital Content. EAI reserves the right, in its sole discretion, to suspend or remove from the Services and any Account any content, including Digital Content, without prior notification. EAI is not liable for any loss you may experience as a result of such suspension or removal.
3. Subscription, Payments, and Refunds
Free Use. Adventure Forge is free to download and use for creating games, incorporating Content Packs, and playing games. No payment is required to access the core application.
Subscription Service. EAI offers an optional subscription plan (“Subscription”) at $8.00 USD per user per month. The Subscription includes the following features: (i) cloud saving of your game development files; (ii) the ability to create Content Packs; and (iii) collaboration features allowing multiple subscribers to work on the same game project. There is no free trial period for the Subscription.
Recurring Billing Authorization. By subscribing, you expressly authorize EAI and its payment processor, Oncade, to charge your selected payment method on a recurring monthly basis at the then-current Subscription rate, beginning on the date you subscribe and continuing until you cancel your Subscription in accordance with the cancellation procedure below.
Auto-Renewal. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. In accordance with applicable law, including California’s Automatic Renewal Law, EAI will provide clear disclosure of auto-renewal terms at the time of sign-up and will notify you of any material change to your Subscription terms before they take effect. You are responsible for canceling your Subscription if you do not wish it to renew.
Billing Cycle and Amount. You will be charged $8.00 USD per month on the calendar day corresponding to the date you first subscribed (e.g., if you subscribed on the 10th of a month, you will be billed on the 10th of each subsequent month). If your billing date falls on a day that does not exist in a given month, you will be charged on the last day of that month.
Price Changes. EAI reserves the right to change the Subscription price at any time. We will provide at least 30 days’ advance notice of any price increase before it takes effect. Your continued use of the Subscription after a price change takes effect constitutes your acceptance of the new price. If you do not accept a price change, you must cancel your Subscription before it takes effect.
Taxes. Subscription fees are exclusive of applicable taxes. You are responsible for all sales tax, VAT, GST, or other applicable taxes arising from your Subscription, which may be added to your invoice depending on your location and applicable law.
Failed Payments. If your payment method is declined or fails, your Subscription will be suspended immediately. Oncade does not retry declined payments. There is no grace period. You are responsible for keeping your payment information current and accurate in your Account settings, and for resolving any payment issues promptly to restore Subscription access.
Billing and Payment Processor. Subscription billing and credit card transactions are processed by Oncade, our third-party payment processor. By subscribing, you agree to be bound by Oncade’s terms of service, available at https://oncade.gg/terms-of-service, in addition to this Agreement. EAI does not store or have access to your full payment card information. EAI is not liable for any failure, delay, or error by Oncade in processing your payment to the extent such failure is beyond EAI’s reasonable control.
Cancellation. You may cancel your Subscription at any time through your Account settings or by contacting us at accountsupport@endlessadventuresinc.com. Cancellation takes effect at the end of the then-current billing period, and you will retain access to Subscription features until that date. Subscription fees are non-refundable except as required by applicable law. No partial refunds will be issued for cancellations made mid-billing cycle. Upon cancellation, the provisions of Section 4 govern the retention and deletion of your cloud-saved game files.
Eligibility for Financial Transactions. You may only engage in financial transactions on the Services if you have reached the age of majority in your jurisdiction or state of residence.
User Responsibilities. When purchasing a Subscription or any other Services, you (or your Guardian, as applicable) represent and warrant that you have the right to use your selected payment method and that it has sufficient credit available to complete the applicable transaction. You further agree that any information you provide in connection with a financial transaction is subject to the privacy policy and terms of Oncade.
Unauthorized Charges. If you believe someone has accessed your Account or payment method without permission, you must notify us immediately at accountsupport@endlessadventuresinc.com. EAI reserves the right to suspend any Account with unauthorized charges.
Chargeback Policy. If you notice charges you did not authorize, please contact accountsupport@endlessadventuresinc.com before disputing any charges directly with your payment processor. Once a charge has been disputed with your payment processor, EAI and Oncade cannot issue a refund due to prohibitions under the payment provider’s dispute process.
Processor Availability. EAI is not liable for any failure, delay, or error by Oncade or any other payment processor in processing your payment, including any resulting interruption to your Subscription access, to the extent such failure is beyond EAI’s reasonable control.
4. Cloud Saves
What Is Saved. Subscribers may use the cloud save feature to store game development files created within Adventure Forge (“Saved Files”). Cloud saves are available only to active Subscription holders.
Retention After Cancellation or Termination. If your Subscription ends for any reason, including cancellation, non-payment, or Account termination, your Saved Files will be retained for ninety (90) days following the end of your Subscription period. You may resubscribe during this period to regain access to your Saved Files. If you have not resubscribed within ninety (90) days, your Saved Files will be permanently deleted thirty (30) days thereafter (i.e., 120 days total after the end of your Subscription). EAI will have no obligation to retain or recover Saved Files after permanent deletion.
No Warranty on Cloud Storage. EAI will use reasonable efforts to maintain the availability and integrity of cloud-saved files, but does not guarantee against data loss. We strongly encourage you to maintain local backups of your game development files.
5. Intellectual Property
EAI IP Rights. The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives thereof (“EAI Intellectual Property” or “EAI IP”), are protected by law and this Agreement. Except as allowed in this Agreement, you may not use any EAI IP without separate written permission from the owner. EAI and its licensors reserve all rights to EAI IP not expressly granted in this Agreement.
User-Created Games and External Distribution. Adventure Forge allows you to create games (“Adventures”) and export them as standalone file packages for distribution. When you export an Adventure, EAI generates a folder containing your game files and a readme file that notifies end users that Adventure Forge is required to play the game. You may distribute exported Adventures through third-party platforms such as Steam Workshop, Itch.io, Patreon, Etsy, or similar digital distribution services.
EAI does not control how you distribute your exported Adventures and expressly disclaims all liability in connection with Adventures that are sold, shared, or distributed outside the Services. This disclaimer includes, without limitation, liability for: (i) defects or bugs in your Adventure; (ii) a user’s loss of access to your Adventure; (iii) infringement of any third party’s intellectual property rights by content you incorporated into your Adventure; (iv) any claims arising from end users’ purchase or download of your Adventure through a third-party platform; and (v) any other harm arising from the external distribution or use of your Adventure. You are solely responsible for ensuring that your exported Adventures comply with all applicable laws and the terms of service of any platform through which you distribute them.
UGC. Any content you create, upload, or submit through the Services (“UGC”) must comply with this Agreement. UGC must not violate any laws, be fraudulent, deceptive, obscene, threatening, defamatory, or infringe on any intellectual property or other rights of third parties.
Feedback. Any feedback relating to the Services that you provide us grants us (without charge, royalties, or other obligation) the right to make, use, share, and commercialize such feedback in any way and for any purpose. We will not be required to treat any feedback as confidential.
6. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, EAI has a policy of terminating, in appropriate circumstances and at its sole discretion, Accounts deemed to be repeat infringers.
If you believe anyone has posted material to the Services that violates any copyright or other intellectual property right, you may notify us at DMCA@endlessadventuresinc.com. Your notice must include:
An electronic or physical signature of the individual authorized to represent the copyright holder.
A detailed description of the copyrighted work or other intellectual property alleged to have been violated.
A specific description of the content you claim infringes, including its location within the Services.
Your contact information, including postal address, telephone number, and email address.
A statement that you have a good-faith belief that the disputed use of the materials is not authorized by the copyright owner, their agent, or the law.
A statement that the information in your notification is accurate, and that you are the copyright or intellectual property rights holder or are duly authorized to act on the owner’s behalf, made under penalty of perjury.
If you fail to comply with all requirements of this Section, your DMCA notice may not be valid. See 17 U.S.C. § 512(c)(3) for further details. We may send a copy of your DMCA notice, including any contact information you provide, to the individual responsible for the reported content.
7. License to and Restriction of Services
License to the Services. Subject to your compliance with this Agreement, EAI grants you a personal, limited, non-transferable, revocable, and non-exclusive license to use the Services for your non-commercial personal use.
Usage Restrictions. In addition to any other restrictions set forth in this Agreement, you may not: (a) lease, lend, sell, redistribute, or sublicense any part of the Services; (b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, or create derivative works of the Services or related technology; (c) circumvent any technological measure designed to protect the Services; (d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to any Services’ source code, in whole or in part (except where an open-source license expressly permits such activity); (e) use the Services to create malicious or abusive content; or (f) use the Services in any manner that infringes or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
8. Third-Party Services
Third-Party Services. The Services may include or make available content, tools, or other materials from third parties (“Third-Party Services”), including payment processing through Oncade. EAI neither controls nor takes responsibility for any Third-Party Services, including how a third party may collect, use, or store your information. Your use of Third-Party Services may subject you to fees, terms, and policies not controlled by EAI. By using the Services and integrated Third-Party Services, you agree to pay any applicable fees and to follow any terms, conditions, and policies presented by those Third-Party Services.
Disclaimer. EAI does not warrant or endorse any Third-Party Services and will not be responsible or liable to you in connection with such Third-Party Services, including any losses you may sustain as a result of using them.
9. Disclaimers
UGC Disclaimer. Except as may be required by applicable law, EAI is not liable for, nor is EAI obligated to screen, approve, edit, or control any UGC that users or others make available on the Services. EAI may, at any time, without notice, and without any obligation to you, remove, edit, block, or suspend any UGC that EAI determines violates this Agreement or is otherwise objectionable. You waive any legal or equitable right or remedy that you have or may have against EAI regarding UGC.
General Disclaimer. TO THE FULLEST EXTENT ALLOWED BY LAW, EAI WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, COPYRIGHT COMPLIANCE, LEGALITY, OPERABILITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT EAI IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM: (i) USE OF THE SERVICES; (ii) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (iii) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION, OR DATA THROUGH THE SERVICES; OR (iv) THE INABILITY TO ACCESS OR RETRIEVE ANY DATA FROM THE SERVICES, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS.
10. Indemnification
You will indemnify and hold EAI, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your access or use of the Services; (ii) your violation of this Agreement or any applicable law or regulation; or (iii) your actual or alleged infringement, or the infringement by any third party using your Account, of any intellectual property or other right of any person or entity.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EAI, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, LICENSORS, AGENTS, AND REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EAI HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EAI, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, LICENSORS, AGENTS, AND REPRESENTATIVES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000 USD.
12. Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules, and the laws of the United States of America. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement.
Mandatory Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Except for disputes involving EAI’s intellectual property rights, or claims that may be brought in small claims court, you and EAI agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Services (collectively, “Disputes”) will be resolved exclusively by final and binding individual arbitration, not by a court or jury. This arbitration agreement is governed by the Federal Arbitration Act. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (or its equivalent), or by AAA under its Consumer Arbitration Rules, at the election of the party initiating the arbitration. The seat of arbitration will be Seattle, Washington. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Costs of arbitration will be allocated in accordance with the applicable arbitration rules.
Class Action Waiver. YOU AND EAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable in any particular case, then the arbitration agreement will not apply to that case and the dispute will be resolved by the courts located in King County, Washington.
Opt-Out Right. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by sending written notice to EAI at accountsupport@endlessadventuresinc.com with the subject line “Arbitration Opt-Out.” If you opt out, all disputes will be resolved in the state or federal courts located in King County, Washington, and you waive any objection to jurisdiction or venue in those courts.
13. Miscellaneous
Waiver. The failure of either party to exercise in any respect any right provided for under this Agreement will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Survival. In the event of termination of this Agreement, all provisions that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
Assignment. This Agreement is not assignable, transferable, or sublicensable by you except with EAI’s prior written consent. EAI may transfer, assign, or delegate this Agreement and any or all of its rights and obligations without consent.
Entire Agreement. This Agreement (including the Privacy Policy above) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority to bind EAI in any respect whatsoever.
Notice. Any notice required or permitted by this Agreement must be in writing and will be deemed effective upon receipt, when sent by confirmed email (to you at the email address on your Account, and to EAI at accountsupport@endlessadventuresinc.com) or when delivered by nationally recognized overnight courier or first-class certified mail to:
Endless Adventures, Inc., PO Box 6519, Bellevue, WA 98008