Release Date of this Terms of Service: June 5, 2026
Effective Date of this Terms of Service: June 5, 2026
Welcome to use Neonarcade ("we," "us" or "our","Neonarcade") and become a part of our creative community!
Thank you for accessing or using our APP, or other forms of services that may be developed in the future (the "Platform") owned or controlled by Neonarcade, and the products, services and features we make available to you as part of the Platform (together, the "Service"). You and all other users of the Service will be referred to herein collectively as "Users."
By accessing or using our Services, you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. Your registering, accessing or using the Service is subject to this Terms of Service, the Privacy Policy and other applicable terms we may publish and update in connection with your use of the Service from time to time (together, the "Agreement"). If you do not agree to the Agreement (including any revisions and updates thereof), please immediately stop using this Service.
ANY ACCESS OR USE OF NEONARCADE BY ANYONE UNDER THE AGE OF 13 IS STRICTLY PROHIBITED. TO CREATE AN ACCOUNT AND USE THE PLATFORM, YOU MUST BE A PERSON WITH FULL CAPACITY FOR CIVIL CONDUCT IN YOUR COUNTRY OR REGION OF RESIDENCE. IF WE ARE REQUIRED BY LOCAL LAWS TO VERIFY PARENTAL OR LEGAL GUARDIAN CONSENT BEFORE PROCESSING MINORS' PERSONAL DATA, WE RESERVE THE RIGHT TO CONDUCT SUCH VERIFICATION AND MAY LIMIT THE TYPES AND SCOPE OF PERSONAL DATA COLLECTED, AS WELL AS THE FUNCTIONS AVAILABLE TO MINORS.
IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION, YOU MAY ONLY USE NEONARCADE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO HAS READ THIS PRIVACY POLICY AND AGREES TO BE RESPONSIBLE FOR YOUR ACTIVITIES. BY PERMITTING A MINOR TO CREATE A NEONARCADE ACCOUNT OR USE THE PLATFORM, THE PARENT OR LEGAL GUARDIAN ACKNOWLEDGES AND AGREES THAT THEY ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL OF THE MINOR’S ACTIONS, INCLUDING THE USE OF ANY AGE-APPROPRIATE FUNCTIONS AND THE PURCHASE OF ANY VIRTUAL CONTENT OR SERVICES.
To have a copy of this Agreement or if you have any questions about this Agreement, you may also contact Neonarcade via the information in Section 15.
Catalogue
1. Registration and Accounts
2. General Terms and Service Description
3. Content Ownership and License
4. Screening and Prohibition of User Content
5. Restrictions on Use of the Service
6. External Sites
7. Feedback
8. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
9. Subscription and Neonarcade Credit
10. Limitation of Liability and Disclaimer of Warranties
11. Third Party Disputes
12. Indemnification
13. Term and Termination
14. Consent to Electronic Communications
15. Miscellaneous
16. Contact Us
1. Registration and Accounts
(a) Log-In Credentials. In order to enjoy the full benefits of the Service, including serving as a Creator, you must register an account with us (an "Account"). At registration, you shall follow our guide to enter your email, to set up the account password and enter the verification code for completing the registration. After that, you can use your registered account to log in directly, or, to make it easier to use Neonarcade, you may also choose to register and login to Neonarcade through your account on a third-party platform (e.g., Apple ID, Google). In this way, we will create an Account ID connected to your third party platform account.
(b) Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Neonarcade immediately via the contact information in Section 16 if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Neonarcade will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Neonarcade of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 5 below). To request account deactivation or deletion, please use available function in the Platform or contact Neonarcade support team in Section 16 on website. Neonarcade will guide you through the process and ensure that your account and associated data are handled in accordance with our privacy standards. Note that some data may be retained as required by law or for legitimate business purposes.
(c) Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as Neonarcade requests.
You will update the information about yourself including Log-In Credentials you used for the Account promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Neonarcade, or violate any applicable laws or regulations. You shall be responsible for the accuracy of information and for any delay or failure to update it to maintain its accuracy.
(d) Eligibility.
1) By using the Service, you confirm that you are at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services.
2) If you are a parent or legal guardian, and you allow your child to use the Services, you are responsible for their activity on the Services, and these terms apply to you as well. You must provide verifiable consent for users under the applicable Minimum Age in your jurisdiction. We may use credit card verification, signed consent forms, or other age verification methods to confirm parental consent.
3) In view of the User-Generated Content nature of the Service, we do not guarantee the suitability of the content in the Service for all users. It is advisable for parents to carefully assess the appropriateness of the content for their children and to supervise their children's use of the Services.
(e) Account Deletion and Data Retention. You may request deletion of your Account at any time by contacting us via Section 16 or through the Account Deletion function in your profile settings. Upon deletion: (i) your Account will be deactivated immediately; (ii) we will initiate deletion of your personal data within 30 days, except where retention is required by law; (iii) User Content you have published may remain visible if shared by other users or third parties, though attributed to an anonymized identifier; (iv) some anonymized or aggregated data may be retained for analytics and service improvement purposes.
2. General Terms and Service Description
(a) Supplemental Terms. We may supply different or additional terms in relation to some of our Services. Those different or additional terms (“Supplemental Terms”) become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
(b) Changes to Terms. We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
(c) AI Services. As part of the Services, Neonarcade may make available artificial intelligence-powered features and tools (“AI Services”), including to generate a game (“Game”) based on the prompts you supply. You understand and agree that, as explained further in the Agreement, because the AI Services rely on emerging technology and the prompts and other inputs you provide, responses and other content generated by the AI Services may be inaccurate, inappropriate, or otherwise not be suitable for play. You acknowledge and agree that the Game may not be unique, and the Services may generate the same or similar output for other users of the Services utilizing the generative artificial intelligence features.
3. Content Ownership and License
(a) Your Content and Ownership of Output. You retain ownership of the content (including text, images, etc.) you provide to the Service ("Input"). By submitting Input, you grant Neonarcade a worldwide, perpetual, sublicensable license to use such Input to provide the AI Services and maintain the Platform. You acknowledge and agree that all content generated through the Neonarcade Service ("Output" or "UGC") is the exclusive property of Neonarcade. While you are granted a license to use such content (as set forth below), Neonarcade retains full title, ownership, and intellectual property rights in and to all Output.
(b) License to You. Subject to your complete and ongoing compliance with this Agreement, Neonarcade grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide license to: (i) access and use the Service solely for your personal, non-commercial use; (ii) use and reproduce the Output for personal and non-commercial purposes; and (iii) modify and create derivative works of the Output solely for use within the Neonarcade Platform. Commercial exploitation of the Output outside of the Service is strictly prohibited without Neonarcade's prior written consent.
(c) Neonarcade Content and Restrictions. "Neonarcade Content" includes the AI models, game templates, basic assets, text, graphics, software, interactive features, and all other content provided by Neonarcade on or through the Service. Neonarcade solely owns all rights, including design rights, databases, compilation, trademarks, service marks, logos, and other intellectual property rights in and to the Neonarcade Content and the Service. You may not commercially exploit Neonarcade Templates or Generic Game Assets outside of the Service. Nothing in this Agreement will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any Neonarcade Content or Trademarks located or displayed therein, except as expressly granted in this Section 3.
(d) External Sites.The Service may contain links to third-party websites ("External Sites"). Neonarcade does not endorse or assume responsibility for the content or accuracy of any materials on such External Sites. You access them at your own risk.
(e) Your Representations. You represent, warrant and covenant that: (i) you have complied with all applicable laws in connection with your collection, use and provision of Your Content and generation of UGC; (ii) you have provided all notices, and have or have obtained all rights, licenses and permissions required under applicable law as may be necessary for you and Neonarcade or its licensors to process Your Content and UGC and provide the Services as contemplated by these Terms; and (iii) Your Content and UGC does not and will not infringe, misappropriate, violate, dilute or otherwise conflict with the intellectual property rights or personal rights of any third party.
4. Screening and Prohibition of User Content
(a) Screening User Content. Neonarcade offers Users the ability to submit User Content to or transmit through the Service. To maintain a safe environment and comply with content moderation standards, Neonarcade employs an automated content filtering mechanism. Every piece of User Content submitted to or transmitted through the Service is subject to mandatory AI content review and automatic model screening prior to publication. If any User Content is identified as violating these Terms or containing Objectionable Content during this automated review process, Neonarcade reserves the right to immediately reject its generation or prevent its publication. Furthermore, we reserve the right, with or without notice, to remove, disallow, block, or delete any User Content in our sole discretion and at any time, including: (i) that we consider to violate this Agreement, applicable law, or otherwise constitute Objectionable Content; or (ii) in response to complaints from other Users or licensors of any Neonarcade Content or any governmental authorities. Neonarcade does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will Neonarcade be liable in any way for any User Content, where permissible under applicable laws and regulations.
(b) Objectionable Content and Abusive Users. You are not permitted to and agree not to upload or post any User Content to the Service that is or could be interpreted to be:
1) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, pedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the applicable laws in force;
2) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide);
3) belonging to another person over which you do not have any right;
4) harming minors in any way;
5) deceiving or misleading the addressee or recipient of such information about the origin of such information;
6) threatening the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
7) patently false and untrue and having been written or published with the intent to harass or mislead for financial gain, or causing injury to any person; or is patently false or misleading, but is knowingly and intentionally communicated as it can be reasonably perceived as a fact; or
8) infringing any patent, trademark, copyright or other proprietary rights; in each of clauses (1 - 8) of this paragraph, as Neonarcade may determine in its sole and absolute discretion (collectively, "Objectionable Content").
An "Abusive User" means any User who: (i) repeatedly uploads or posts Objectionable Content; (ii) engages in harassment, bullying, or threatening behavior toward other Users; (iii) attempts to circumvent content moderation systems or safety features; (iv) uses the Service to exploit, groom, or otherwise harm minors; (v) impersonates other Users or creates false identities; or (vi) otherwise violates this Agreement in a manner that threatens the safety, security, or well-being of the Neonarcade community, as determined by Neonarcade in its sole discretion.
Neonarcade has zero tolerance for Objectionable Content and Abusive Users. If you encounter any Objectionable Content or Abusive User on the Service, please immediately report such content or user via the reporting functionality provided on the Service.
(c) Reporting Mechanism. The Service provides Users with a designated email address to report Objectionable Content and Abusive Users. Users may report content or users for, including but not limited to: (i) sexually explicit or pornographic content; (ii) hate speech; (iii) violent content or threats of violence; (iv) harassment or bullying; (v) child exploitation or content harmful to minors; (vi) impersonation or false identity; (vii) spam or unauthorized commercial content; and (viii) any other content or conduct that violates this Agreement or applicable law. To submit a report, Users must send an email to neonarcade.ai@gmail.com and provide a reason for the report along with sufficient details (such as the username or a link to the relevant content). Upon receiving a report, Neonarcade will review the reported content or user conduct and take appropriate action in accordance with Section 4(d) below.
(d) Response to Reports and 24-Hour Acknowledgment. Upon receiving a report of Objectionable Content or an Abusive User via our designated email address at neonarcade.ai@gmail.com, Neonarcade will provide an acknowledgment or reply within twenty-four (24) hours to confirm receipt of the report. Following this acknowledgment, Neonarcade will conduct a review of the reported content or conduct, and any subsequent actions—including but not limited to the removal or disabling of access to verified Objectionable Content, or the suspension or termination of the Account of the User who provided the offending content or engaged in abusive conduct—will be taken based on the outcome of such review. In urgent cases, particularly those involving the safety of minors or suspected child sexual abuse material (CSAM), Neonarcade will escalate immediately to the appropriate authorities and take immediate remedial action without waiting for the standard review period. Neonarcade reserves the right to take action against any User or content that violates this Agreement even in the absence of a user report, through our proactive moderation systems described in Section 4(a).
(e) Blocking Mechanism for Abusive Users. Users have the ability to block abusive or unwanted users to prevent further interaction. When a user blocks another user, the following actions will be taken instantly: (i) all content published by the blocked user will be immediately removed from the blocking user's feed; and (ii) the blocking action and the associated inappropriate content will be simultaneously notified to Neonarcade for review and further action. Blocked users cannot contact the blocking user in any form, including through direct messages (DMs), comments, tips, or content interactions.
(f) Violations of Restrictions on Use. You acknowledge and agree that any violation of the restrictions set forth in Section 5 ("Restrictions on Use of the Service") constitutes a material breach of this Agreement. Without limiting our rights under Section 4(a), if Neonarcade determines, in its sole discretion, that you have violated any provision of Section 5, we reserve the right to take immediate remedial action against your Account. Such actions may include, but are not limited to: issuing warnings; temporarily or permanently suspending or terminating your Account; removing, disallowing, blocking, or deleting any User Content associated with your Account; and/or reporting your identity and relevant information to law enforcement authorities or other appropriate governmental bodies, either directly or indirectly. You agree that Neonarcade shall bear no liability to you for any loss, damage, or consequences arising from such enforcement actions.
5. Restrictions on Use of the Service
(a) In addition to any other restrictions set forth in this Agreement, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):
1) make unauthorized copies of any content made available on or through the Service;
2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
3) attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;
4) delete or alter any material Neonarcade or any other person or entity uploads or posts on the Service without authorization;
5) frame or link to any of the materials or information available on the Service;
6) alter, deface, mutilate or otherwise bypass any approved software through which the Service is made available;
7) use any trademarks, service marks, design marks, logos, photographs or other content belonging to Neonarcade or obtained from the Service;
8) access, tamper with or use non-public areas of the Service, Neonarcade's (and its hosting company's) computer systems and infrastructure or the technical delivery systems of Neonarcade's providers;
9) provide any false personal information to Neonarcade;
10) create a false identity or impersonate another person or entity in any way;
11) create a new account with Neonarcade, without Neonarcade's express written consent, if Neonarcade has previously disabled an account of yours;
12) solicit, or attempt to solicit, personal information from other Users of the Service;
13) restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about or threaten, harass, menace or intimidate Users of the Service;
14) use the Service, without Neonarcade's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
15) use the Service, without Neonarcade's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
16) gain unauthorized access to the Service, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
17) upload or post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
18) interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
19) upload or post any Objectionable Content and/or any User Content in breach of the Agreement; or using the Service to create, distribute, or promote any content that is obscene, defamatory, libelous, invasive of privacy or publicity rights, abusive, harassing, threatening, or otherwise objectionable or harmful;
20) violate any applicable federal, state or local laws or regulations or the terms of this Agreement.
(b) User Safety, Blocking, and Direct Messaging.
To maintain a safe environment, Neonarcade provides Users with tools to manage their interactions and enforces strict rules regarding direct communications:
1) Blocking Functionality: You may block any account at any time through the functionalities provided on the Service. Upon blocking, all forms of interaction between you and the blocked account will be immediately and completely severed across the entire platform. This includes, but is not limited to, direct messages (DMs), comments, tips, and content visibility. Blocked users cannot contact each other in any form. When you block another User, Neonarcade will be automatically notified of the blocking action and the identity of the blocked User. Upon such notification, all content published by the blocked User will be immediately removed from your feed, timeline, and all other areas of the Service where such content would otherwise be visible to you. The blocked User's content will remain removed from your view for as long as the block remains in effect.
2) Direct Messaging Limitations: Direct messaging on Neonarcade is restricted to mutual followers only. If Users do not follow each other mutually, they are strictly limited to sending no more than three (3) messages before a mutual follow is established. You agree not to attempt to bypass or circumvent these system limitations.
3) Prohibited Communications: Sending prohibited content via DMs or direct sharing features—including explicit material, threats, or harassment—is a strict violation of this Agreement, regardless of the relationship between the Users.
4) Protection of Minors: Neonarcade maintains a zero-tolerance policy for the use of DMs or direct sharing features to facilitate grooming, exploitation, or inappropriate contact with Users identified as minors. Prohibited conduct includes, but is not limited to: soliciting personal information from minors; attempting to establish secretive or private relationships; sending sexual or suggestive content; or attempting to move conversations with minors off-platform to unmonitored channels. Violations of this subsection will result in immediate permanent suspension of your Account and may be reported to relevant law enforcement authorities.
5) Proactive Moderation: While Users can report violating content, comments, or accounts at any time, Neonarcade reserves the right to proactively remove content or suspend Accounts without prior user reports when violations are identified through our internal moderation systems. Urgent cases, particularly those involving the safety of minors or suspected child sexual abuse material (CSAM), will be escalated immediately to the appropriate authorities.
(c) You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against Neonarcade with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Neonarcade, its owners, operators, affiliates, licensors, and licensees regarding all matters related to your use of the Service.
Specifically, you may not use the Output to train competing AI models or to create derivative works that infringe upon Neonarcade's intellectual property.
6. External Sites
The Service may contain links to or the ability to share information with third party websites ("External Sites"). Neonarcade does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. Neonarcade is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when accessing and using all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that Neonarcade will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
7. Feedback
While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Neonarcade, you agree that:
(a) Neonarcade has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;
(b) Feedback is provided on a non-confidential basis, and Neonarcade is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
(c) You irrevocably grant Neonarcade perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
8. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
(a) Respect of Third Party Rights. Neonarcade respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.
(b) Repeat Infringer Policy. Neonarcade's intellectual property policy is to (i) remove or disable access to material that Neonarcade believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by "repeat infringers". Neonarcade considers a "repeat infringer" to be any User that has uploaded User Content or Feedback to or through the Service and for whom Neonarcade has received more than two takedown notices with respect to such User Content or Feedback. Neonarcade has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon Neonarcade’s own determination.
(c) Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes or is alleged to infringe an intellectual property right you own or control, then please send such Notification of Claimed Infringement containing the following information to our email address listed below. Your Notification of Claimed Infringement may be shared by Neonarcade with the User alleged to have infringed an intellectual property right you own or control, and you hereby consent to Neonarcade making such disclosure. Your communication must include substantially the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
2) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
3) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Neonarcade to locate the material;
4) Information reasonably sufficient to permit Neonarcade to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
5) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7) You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
(d) Upon receiving notification in the manner prescribed above, Neonarcade may disable access to or remove such infringing content.
(e) Designated Agent Contact Information. Neonarcade's designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted via E-mail set forth in Section 16 (Contact us).
(f) Counter Notification. If you receive a notification from Neonarcade that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Neonarcade with what is called a "Counter Notification". To be effective, a Counter Notification must be in writing, provided to Neonarcade's Designated Agent through one of the methods identified in Section 7 (e) and include substantially the following information:
1) A physical or electronic signature of you;
2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3) A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4) Your name, address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, then for any judicial district in which Neonarcade may be found, and that the you will accept service of process from the person who provided notification under Section 7 (c) above or an agent of such person.
5) Party submitting a Counter Notification should consult a lawyer to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
(g) Recovering of Content Subject to a Counter Notification. If you submit a Counter Notification to Neonarcade in response to a Notification of Claimed Infringement, then Neonarcade will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Neonarcade will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and Neonarcade will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Neonarcade's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Neonarcade's system or network.
(h) False Notifications of Claimed Infringement or Counter Notifications. Any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Neonarcade relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Neonarcade reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
9. Subscription and Neonarcade Credit
The following terms apply to the extent permitted by law:
(a) Subscriptions. Neonarcade may provides you with paid Services. To enjoy more benefits of the Service, you could choose to purchase a subscription to the Service. If you purchase a subscription to the Service, then the following terms (1)-(4) apply:
1) Automatically renewable subscriptions. By purchasing a renewable subscription to the Service as applicable, you agree that, once your subscription expires, your subscription will automatically renew according to the RENEW PLAN, as you may select, unless and until you cancel your subscription.
2) Recurring charges. You authorize Neonarcade and its partner (including Apple or Google), as applicable, to process your payments for any renewal subscription. Subscription prices will be displayed to you at the time of purchase. You will be billed for the same subscription plan at the then-current monthly periods subscription price plus any applicable taxes. Your payments will be processed for any renewal subscription using the same billing cycle as your current subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law.
3) Cancel. You may cancel your subscription to the Service at any time. If you want to obtain a refund in connection with any subscription, Neonarcade will have no liability to you whatsoever for any refunds in connection with subscriptions. "Cancel" only means that you will not be charged for the next subscription cycle.
4) Our subscription product names and categories may expand in the future. At that time, the updates will be reflected accurately on our Platform.
(b) Neonarcade Credits. Neonarcade may offer you the ability to purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use Credits ("Credits",the types of that may increase, and whose names may change). Neonarcade allows users to purchase, receive, or earn Credits and to redeem those Credits for eligible digital products and services available through the Neonarcade Platform to enhance the user experience. Credits can only be used in connection with the Service as permitted by Neonarcade and you may view your balance of Credits at any time in your personal profile. Once redeemed for consumption, Credits will be deducted from your account balance and cannot be used again. If the paid service you are using fails to work, we may automatically return the corresponding Credits actually consumed to your account. In the event of any dispute, Neonarcade shall have the final determination over the calculation of your Credits account balance. Neonarcade may make certain features or functionality of the Service available that allow or require the redemption of Credits, and may in its sole discretion modify or discontinue any applicable features or functionality or otherwise change the manner in which Credits may be redeemed. The cost to purchasing Credits is determined by Neonarcade in its sole discretion, including any discounts, promotions and gifts, and may be changed at any time. You agree that Neonarcade has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Credits as it sees fit in its sole discretion, and that Neonarcade will have no liability to you based on its exercise of these rights. Notwithstanding any language to the contrary contained in the Platform or any other terminology used by Neonarcade, Credits have no monetary or "real world" value and can only be used with the Service. Credits may not be redeemed or exchanged for "real" currency or any legal tender out of the Service. Neonarcade reserves the right to revoke the licenses to them, at any time without notice.
(c) Virtual Items: Neonarcade may offer Virtual Items at any time exclusively for use within the Services and are intended solely for entertainment purposes. These items hold no intrinsic or monetary value and cannot be transferred, exchanged, or redeemed outside the Services. The amount of Credits needed to obtain Virtual Items will be displayed at the point of redemption. Neonarcade may determine, in its sole discretion, what Virtual Items may be available for redemption through the Service from time to time, and Neonarcade may change the selection of Virtual Items or discontinue a Virtual Item at any time without any liability to you based on its exercise of these rights. You may redeem, if applicable, Virtual Items for as long as Neonarcade chooses to make Virtual Items redeemable through the Services, which Neonarcade has no obligation to continue to do.
(d) Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you in connection with the Credits. Unless authorized in the Service, Neonarcade prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the "real world" of any Credits to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless Neonarcade expressly pre-approves the applicable event in writing. Credits are solely for your personal, non-commercial use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Section constitutes a material breach of the Agreement and may result in the termination of your ability to access the Service. Neonarcade may revise the pricing for Credits at any time. If your Account is terminated for any reason, including due to a violation of our Agreement, then your license to any Credits will automatically terminate and you will lose access to applicable Credits permanently. If Neonarcade reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Credits, Neonarcade reserves the right to restrict your access to and use of Credits or the Service. If you violate this Section, then other than the termination rights already mentioned, Neonarcade may, in its sole discretion also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that Neonarcade incurs in connection with the violation.
You acknowledge that you have no ownership or other property interest in the Credits and that, except as otherwise provided by law, you will not receive any refunds, cash or non-cash incentives, or other compensation for unused Credits, Virtual Items, or Services for any reason, including: (i) if an Account is closed or terminated or the Service is terminated, whether such closure is voluntary or involuntary; (ii) if they are subject to expiration dates, they will expire at the time of expiration and cannot be accumulated, returned or refunded to your account.
10. Limitation of Liability and Disclaimer of Warranties
The following terms in this Section apply to the fullest extent permitted by law:
(A) NEONARCADE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "NEONARCADE PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICE, ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, VALIDITY COMPLETENESS, APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE NEONARCADE PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, COMPLETENESS, APPROPRIATENESS, TIMELINESS OR RELIABILITY OF THE SERVICE AND ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, INFORMATION STREAM FROM WHATEVER CAUSE, OR ANY LOSSES CAUSED TO YOU THEREFROM. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL USER CONTENT YOU USE THROUGH THE SERVICE.
(B) THE NEONARCADE PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO NEONARCADE PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
(C) THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE NEONARCADE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
(D) IN NO EVENT WILL ANY NEONARCADE PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH NEONARCADE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEONARCADE'S LIABILITY, AND THE LIABILITY OF ANY OTHER NEONARCADE PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US FOR ANY CREDITS AND U.S. $100.
(E) You specifically acknowledge that Neonarcade shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
(F) YOU UNDERSTAND THAT DUE TO THE NATURE OF THE GENERATIVE TOOLS, OUTPUT YOU GENERATE MAY NOT BE UNIQUE, AND IT IS POSSIBLE THAT THE GENERATIVE TOOLS MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS IF THE INPUTS ARE SIMILAR. YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT THE COPYRIGHT STATUS OF THE GENERATED OUTPUT MAY NOT BE CLEAR AND THAT THE USE OF SUCH GENERATIVE TOOLS MAY AFFECT YOUR ABILITY TO OBTAIN OR ENFORCE ANY INTELLECTUAL PROPERTY RIGHTS IN OR TO THE OUTPUT.
(G) ALTHOUGH WE ARE CONSTANTLY STRIVING TO IMPROVE THE SERVICES AND THE QUALITY AND ACCURACY OF OUTPUT, YOU ACKNOWLEDGE THAT ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES ARE RAPIDLY EVOLVING AND MAY PRODUCE OUTPUT THAT IS INACCURATE, UNRELIABLE, INAPPROPRIATE, INFRINGING, OR OTHERWISE UNSUITABLE OR THAT DOES NOT MEET YOUR EXPECTATIONS.
(H) YOU AGREE TO USE THE GENERATIVE TOOLS SOLELY TO GENERATE OUTPUT AND NOT TO DEVELOP OTHER TOOLS OR APPLICATIONS OR FOR ANY OTHER PURPOSE. YOU FURTHER AGREE NOT TO USE THE GENERATIVE TOOLS OR THE RESULTING OUTPUT IN A MANNER THAT MAY INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY OR VIOLATE ANY APPLICABLE LAWS, RULES, OR REGULATIONS, AND YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE SOLELY RESPONSIBLE FOR VETTING AND EVALUATING THE ACCURACY, APPROPRIATENESS, LEGALITY, AND SUITABILITY FOR YOUR USE OF ANY OUTPUT BEFORE USING IT, INCLUDING EVALUATING WHETHER SUCH USE WILL INFRINGE UPON OR VIOLATE THE RIGHTS OF OTHERS; (2) YOU WILL NOT USE PROMPTS OR OTHER INPUTS THAT ARE INTENDED OR LIKELY TO RESULT IN INFRINGING OUTPUT; AND (3) YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE GENERATIVE TOOLS AND ITS RESULTING OUTPUT AND THAT NEONARCADE WILL HAVE NO LIABILITY FOR SUCH USE.
(I) Data Security Limitations. While we implement reasonable technical and organizational measures to protect your data, no electronic data transmission or storage can be guaranteed to be 100% secure. You acknowledge that you provide personal information at your own risk. We will notify you of any data security breaches as required by applicable law.
11. Third Party Disputes
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other User, is directly between you and such third party, and you irrevocably release the Neonarcade from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
12. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Neonarcade Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this Agreement; (b) your access to, use or misuse of Neonarcade Service Content; or (c) your User Content. Neonarcade will provide notice to you of any such claim, suit or proceeding. Neonarcade reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Neonarcade believes that you are unwilling or incapable of defending Neonarcade's interests. In such case, you agree to cooperate with any reasonable requests assisting Neonarcade's defense of such matter at your expense.
13. Term and Termination
(a) Term. As between you and Neonarcade, the Term of this Agreement commences as of your first use of the Service and continues until the termination of this Agreement by either you or Neonarcade.
(b) Termination. You may terminate this Agreement by sending written notification to Neonarcade via the contact information in Section 16, terminating all uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so via the contact information in Section 16,, but the removal or deletion of such User Content will not terminate this Agreement. Neonarcade reserves the right, in its sole discretion, to restrict, suspend or terminate this Agreement and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third party. Neonarcade may further terminate this Agreement immediately for any other reason with or without notice to you, using the email address or mobile phone number associated with your account credentials. Neonarcade reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
(c) Effect of Termination on Data. Upon termination of your Account, we will immediately cease providing the Service to you; we will delete or anonymize your personal data within a reasonable period (typically no more than 30 days), subject to any longer retention periods required by applicable laws, regulations, or official guidance in your jurisdiction, or as otherwise communicated to you by us in writing—and in all cases, unless retention is required by law, regulation, or legitimate business purposes (such as financial auditing, dispute resolution, or security log retention), in which case we will retain only the minimum necessary data for the required duration and apply appropriate security safeguards; all “Output” content you generated through the Service (including images, videos, text, etc.) will be deleted from our active systems and cannot be recovered, though please note that if you downloaded, exported, or transferred any “Output” to third-party platforms (e.g., social media, cloud storage, etc.) prior to termination, we have no control over or ability to delete those external copies, and their subsequent use and management remain your sole responsibility; and we may retain fully anonymized and aggregated data (which cannot be linked to any individual) indefinitely for product improvement, trend analysis, model performance evaluation, or other legitimate business purposes.
14. Consent to Electronic Communications
By using the Service, you may receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
15. Miscellaneous
(a) This Agreement is governed by the internal substantive laws of Singapore, without respect to its conflict of law provisions. Any dispute arising out of or in connection with the Agreement, including any question regarding existence, validity or termination of the Agreement, shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of SIAC ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. By accepting this Agreement, you and Neonarcade agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both You and Neonarcade agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
(b) You agree that no joint venture, partnership, employment or agency relationship exists between you and Neonarcade as a result of this Agreement or use of the Service.
(c) You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Neonarcade other than pursuant to this Agreement.
(d) If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
(e) Failure of Neonarcade to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against Neonarcade unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
(f) Except as expressly agreed by Neonarcade and you, this Agreement constitutes the entire agreement between you and Neonarcade with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
(g) Change to the Agreement. You understand and agree that we may change this Agreement at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Agreement that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Service. The revised Agreement will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Agreement. If you find any change to this Agreement or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this Agreement will govern any updates Neonarcade provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern. Notwithstanding the preceding sentences of this Section, no revisions to this Agreement will apply to any dispute between you and Neonarcade that arose prior to the effective date of such revision.
(h) The Section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns.
(i) You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Neonarcade. Neonarcade may assign this Agreement, including all its rights hereunder, without restriction.
(j) If Neonarcade provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version will prevail.
(k) Neonarcade is willing to provide services in accordance with the legal requirements of your region. Due to limited resources, we request that you contact us in a timely manner for any necessary compliance-related actions or inquiries. This collaboration is vital to ensure that our services meet the regional legal standards and address your specific needs effectively.
16. Contact Us
If you would like to contact us in connection with your use of the Service, then please refer to the contact information below by email:
Company Name: Skywork AI Pte. Ltd.
Address: 2 Science Park Drive, #01-08, Ascent, Singapore 118222
Email: neonarcade.ai@gmail.com