Terms of Service

What the Service is

ModGod is a tool. You pick a game, say what kind of thing you want made and describe it; the Service holds a short conversation to fill in what it still needs, draws sprite candidates for you to choose from, writes and compiles the mod, tests that it loads in a reference copy of the game, and puts the result in your library. You can download the mod file and its source, ask for another version, and list the mod in the public catalog where anyone can download it or use it as the starting point for their own.

The Service is new and changes often. Supported games, the kinds of mod each game offers, prices and features can be added, changed or withdrawn at any time. Where these Terms promise notice of a change, we give it; otherwise a change takes effect when it is made.

Who may use the Service

To use the Service you must:

• be at least 13 years old;
• if you are under 18 (or under the age of majority where you live), have a parent or legal guardian who has read these Terms, accepts them on your behalf and is responsible for your use of the Service. Purchases must be made by an adult: a minor may not buy credits or a plan;
• be able to enter into a binding contract with us;
• not be barred from using the Service under the laws that apply to you, including United States export-control and sanctions laws; and
• not have had an account closed by us for breaking these Terms.

If you use the Service for an organisation, you confirm that you are authorised to bind it, and “you” means the organisation as well.

Your account

You sign in through an identity provider (Google, unless another is offered). We do not hold a password for you; keeping your identity-provider account secure is your responsibility, and so is everything done through your ModGod account. Tell us at founder@modgod.tech straight away if you believe your account has been used without your permission.

You choose a username when you first sign in. Your username is public: it appears on every mod you list in the catalog and is stamped as the author into every mod file you build, so anyone you give a mod file to can see it. A username may not impersonate another person, mislead people about who you are, or break the Acceptable Use Policy; we may change or reclaim a username that does, that infringes someone’s rights, or that has been inactive for a long time.

One person, one account, unless we agree otherwise. You may not sell, lend or transfer an account, and you must keep the email address on your identity-provider account working: it is where we send notices.

Credits, plans and payment

Builds are paid for in credits. Credits are sold two ways: pay-as-you-go credits, bought one time in whatever quantity you choose, and monthly plans, which add a fixed number of credits to your balance for each period you pay for. The price, the number of credits a purchase grants and any tax are shown at checkout, and if the checkout and this page disagree the checkout governs. Prices are in US dollars unless the checkout says otherwise.

Payments are processed by Stripe. We never see or store your card details, and by paying you also agree to Stripe’s terms. You must be authorised to use the payment method you provide.

How credits are spent

The Service shows you what a build will cost before you commit to it. Before a paid step runs, the credits it will cost are reserved from your balance, and a step is charged when it runs, on these rules:

• A build turn that produces no mod file costs nothing for that turn: the credits reserved for it are returned.
• A round of sprite candidates is charged once you answer it, by picking one or asking for another round, and a sprite animation is charged when it is made from your pick — whether or not you go on to finish the mod. A round you never answer is not charged.
• Credits reserved for something the Service failed to deliver are returned automatically.

Your credits page shows every reservation, charge, return and purchase. If you think a charge is wrong, contact us at founder@modgod.tech.

What credits are

Credits are a prepaid licence to use the Service, not money. They have no cash value, cannot be transferred, sold, exchanged or redeemed for cash, and belong to the account that bought them. Credits do not expire while your account is in good standing. We may change the price of credits and plans, what a credit buys, and what the Service offers; a change to what a credit buys applies only to builds started after we have given at least 14 days’ notice, and never to a build already in progress.

Plans

A plan renews automatically every month, at the price shown when you subscribed (or as later changed with notice under section 19), until you cancel. Each paid period adds the plan’s credits to your balance, and those credits stay yours after you cancel. You can cancel at any time from the credits page (“Manage subscription”); cancellation takes effect at the end of the period you have already paid for, and you keep the credits that period granted. A change of plan takes effect as described at the time you make it.

We may reverse credits that were granted by mistake, obtained through fraud or abuse, or bought with a payment that is later reversed or fails.

Refunds and cancellation

All purchases are final, and credits that have been spent are not refundable, except as this section says.

We refund, on request to founder@modgod.tech:

• purchased credits you have not spent, if we permanently discontinue the Service or close your account without cause (section 13);
• a duplicate charge, or a charge made in error; and
• anything else the law that applies to you requires us to refund.

Refunds go to the payment method used for the purchase.

If you are a consumer in the European Union, the United Kingdom or another place with a statutory right of withdrawal, you may withdraw from a purchase of credits within 14 days of making it and receive a refund of the credits you have not spent. By spending credits you ask us to perform immediately and acknowledge that you lose the right of withdrawal for the credits spent.

Subscription fees already paid are not refunded when you cancel: the plan runs to the end of the period you paid for and you keep the credits it granted.

Please contact us before disputing a charge with your bank or card issuer. If a charge is disputed with your bank, we may remove the credits it bought and suspend your account until the dispute is resolved.

Your content and your mods

Inputs are the prompts, messages, reference images, choices, notes and anything else you submit to the Service. Outputs are what the Service produces for you from them: sprite candidates, art, source code, build logs, test results and the compiled mod file. Together they are Your Content.

Who owns what

You own your Inputs. As between you and ModGod, you own the Outputs the Service produces for you, and you may use, modify, distribute and share them, subject to: (a) the rights of others, including the owners of the game the mod is for and of any material you supplied; (b) the terms of the game and its mod loader; (c) our rights in Platform Code (section 8); and (d) the licences in this section. Because Outputs are generated by AI from shared models, prompts and templates, similar requests from different people can produce similar results, and we do not promise that any Output is unique, original, or free of third-party rights.

The licence you give us

So that we can run the Service, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, display and adapt Your Content as needed to provide the Service to you, to keep it secure and to enforce these Terms.

You also grant us a perpetual, irrevocable, worldwide, royalty-free licence to use Your Content, together with records of how the Service handled it, to operate, evaluate, develop and improve the Service, including to train, tune and test the models, prompts and playbooks that power it. We will not publish or distribute your private Inputs or private Outputs, or present them as our own work, other than as described in this section, in the Privacy Policy, or with your permission.

Your promises

You promise that:

• you have every right needed to submit your Inputs and to grant the licences in these Terms, and you will only upload reference images you have the right to use;
• Your Content does not infringe or misappropriate anyone’s rights and does not break any law or the Acceptable Use Policy; and
• you are responsible for the mods you make and for what you do with them.

Backups

Download the mods you care about. We keep your library while your account exists, but the Service is not a backup service and we may remove content as these Terms allow.

Feedback

If you send us ideas, suggestions or feedback, we may use them freely and without any obligation to you.

Listing a mod in the catalog

Listing a mod is your choice, made with one toggle in your library. When you list a mod, its page (name, summary, brief, art, contents, build results, versions and the game version it was built for), your username and its download counts become public, and anyone can download it.

By listing a mod you grant:

• us the right to publicly display, distribute and promote the mod and its page, including on the Service’s landing pages and in search; and
• every user of the Service a non-exclusive, royalty-free licence to download, install and play the mod and, through the Service’s fork feature, to make their own mods from it. A fork is a new mod in the other person’s library that records where it came from.

You may unlist a mod at any time. Unlisting stops new downloads and forks; it does not affect copies already downloaded or forks already started, which keep the licence they were made under.

We may remove, unlist or refuse to list any mod at any time, including one that breaks the Acceptable Use Policy, infringes someone’s rights or fails our build checks. The catalog is free to browse and to download from; we do not sell mods, and you may not charge for access to a mod through the Service.

Our intellectual property

The Service and everything that makes it up, including its software, build packs, runbooks, playbooks, prompts, templates, scaffolding, design, name and logos, and all content we provide other than Your Content, belong to us or our licensors and are protected by intellectual-property law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service in line with these Terms. Every right not expressly granted is reserved.

Platform Code

Every mod the Service builds includes framework code, scaffolding and assets that are common to every build and that we wrote or licensed (“Platform Code”). You have a perpetual, worldwide, royalty-free licence to use, modify and distribute Platform Code as part of mods you build with the Service. You may not extract Platform Code, our build packs, runbooks or prompts to build a competing service, and you may not use the Service or its Outputs to develop or train a product or model that competes with it.

Restrictions

Except for the mod source we hand you on purpose, you may not copy, modify, reverse engineer, decompile or try to obtain the source of the Service; access it by any automated means other than the interfaces we provide; scrape, crawl or bulk-download it; resell, rent or sublicense it; work around its limits, credit accounting or security; or remove any notice on it.

AI-generated content

The Service uses artificial-intelligence models, including models run by third-party providers, to hold the build conversation, write code and draw sprites. Outputs are generated automatically. They can be wrong, incomplete, unbalanced, buggy or unsuitable for your purpose, and they can differ from what you asked for. Review every mod before you rely on it or share it.

The in-game test the Service runs is a check made at build time against a reference copy of the game. It does not guarantee that a mod is bug-free, balanced, safe or compatible with your installation, your other mods, later game or mod-loader versions, or multiplayer servers. Games and mod loaders update; we do not promise that a mod keeps working after they do, or that we will rebuild it.

Sprites and animations are drawn to fit the game they are for, so they may resemble existing game content in style, size or pose. Whether a particular Output may be used in a particular way is for you to judge.

Acceptable use and enforcement

You must follow the Acceptable Use Policy. We may investigate suspected violations, and when we reasonably believe you have broken these Terms, the law or someone’s rights we may remove or unlist content, refuse a build, reverse credits, limit, suspend or close your account, and report conduct to authorities. We are not obliged to monitor content but may do so.

Copyright complaints

We respond to notices of alleged copyright infringement and close the accounts of repeat infringers, as the Copyright Policy describes. Send notices to founder@modgod.tech.

Third-party services and games

Signing in uses an identity provider such as Google, payments use Stripe, and the Service runs on hosting and AI providers we choose. Your use of those services is governed by their own terms, and we are not responsible for them.

The mods you build are for games and mod loaders made by other people. ModGod is an independent tool. It is not affiliated with, endorsed by or sponsored by any game studio, publisher or mod-loader project, and game names, artwork and trademarks belong to their owners. It is your responsibility to comply with the game’s and the mod loader’s terms and mod policies, including any rules about how mods may be distributed or whether they may be sold. We grant you no rights in any game or its assets.

Suspension and termination

You may stop using the Service at any time, and you may ask us to close your account by emailing founder@modgod.tech from the address on the account. The Privacy Policy explains what is deleted.

We may suspend or close your account, with notice where practical, if you materially breach these Terms; if your use creates legal, security or operational risk for us or for others; if a payment is reversed or unpaid; if the law requires it; or if we discontinue the Service. If we close your account for breach, unspent credits are forfeited. If we close it without cause or discontinue the Service, we refund unspent purchased credits (section 5) and, where practical, give you a chance to download your mods first.

On termination your right to use the Service ends. The sections that by their nature should survive (including sections 6 to 8 and 14 to 20) survive.

Disclaimers

THE SERVICE AND EVERYTHING IT PRODUCES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE FIXED, OR THAT ANY MOD WILL WORK, KEEP WORKING, BE BALANCED, OR BE COMPATIBLE WITH ANY GAME, MOD LOADER, OTHER MOD, SAVE FILE OR SERVER. YOU USE THE SERVICE, AND INSTALL AND PLAY MODS, AT YOUR OWN RISK.

Some jurisdictions do not allow some of these exclusions, so some may not apply to you. Nothing in these Terms limits rights you have as a consumer that cannot be limited by contract.

Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, SAVED GAMES, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US$100) AND THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limits do not apply to liability that cannot be limited by law, such as liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence.

Indemnification

You will defend, indemnify and hold harmless ModGod and its owner, affiliates, contractors and licensors from any claim, demand, loss, liability, damage and expense (including reasonable legal fees) arising out of or relating to Your Content; the mods you build, share or distribute; your use of the Service; your breach of these Terms; or your violation of any law or of anyone’s rights, including the terms of any game or mod loader. We may take over the defence of any matter you must indemnify, in which case you will cooperate with us. This section does not apply where the law that applies to you does not allow it.

Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Talk to us first

Before starting any formal dispute, email founder@modgod.tech with your name, your account email and a description of the problem and what you want done about it; we will do the same if we have a dispute with you. We each agree to try in good faith to resolve the dispute within 60 days of that notice. Only after that may either of us start arbitration or a court action.

Arbitration

Except for the claims listed under “Claims not covered”, you and ModGod agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including whether a claim must be arbitrated, will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org. The Federal Arbitration Act governs this section. The arbitrator may award the same relief a court could, but only to the individual party seeking it and only to the extent needed to resolve that party’s own claim. Hearings take place by video or, if the AAA rules require an in-person hearing, in the county where you live. Fees are allocated under the AAA rules, except that if the arbitrator finds a claim frivolous or brought for an improper purpose the party who brought it pays the other side’s fees.

Claims not covered

Either of us may bring an individual claim in small-claims court if it qualifies, and either of us may ask a court for an injunction or other equitable relief to protect intellectual-property rights or to stop unauthorised use of the Service.

No class actions; no jury

YOU AND MODGOD EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of different people or preside over any form of class or representative proceeding. YOU AND MODGOD EACH WAIVE THE RIGHT TO A JURY TRIAL.

Coordinated filings

If 25 or more demands for arbitration are filed against us that raise similar claims and are brought by the same or coordinated counsel, the demands will be resolved in batches of no more than 25, each batch as a single arbitration before one arbitrator with one set of fees. The parties will cooperate to select the batches, and any statute of limitations is tolled from the first filing until the batch containing your demand is resolved.

Opt-out

You may reject this arbitration agreement by emailing founder@modgod.tech within 30 days of first accepting these Terms, with your name, your account email and the words “arbitration opt-out”. Opting out does not affect any other part of these Terms.

Severability

If any part of this section is found unenforceable as to a particular claim, that claim (and only that claim) will be heard in the courts named in section 18 and the rest of this section stays in force. If the class-action waiver is found unenforceable for a claim seeking public injunctive relief, that claim is severed and stayed until the arbitration of every other claim is complete.

Outside the United States

If you live outside the United States, nothing in this section deprives you of the protection of laws in your country of residence that cannot be waived by contract, and you may bring claims in the courts of your country where those laws require.

Governing law

These Terms, and any dispute arising out of them or the Service, are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act for section 17. Any claim not subject to arbitration will be brought in the state or federal courts located in Los Angeles County, California, and you consent to their jurisdiction, except that consumers may have the right to bring claims in the courts of their own place of residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Changes to these Terms

We may change these Terms. If a change materially reduces your rights or increases your obligations, we will give at least 14 days’ notice by email to your account address or by a notice in the Service before it takes effect, unless the change is required by law or covers a new feature, in which case it takes effect when posted. The effective date at the top of this page states when the current text took effect. Using the Service after a change takes effect means you accept it. If you do not accept a change, stop using the Service; within 30 days of the change taking effect you may close your account and ask for a refund of unspent purchased credits.

General terms

• Entire agreement. These Terms, with the policies they incorporate, are the whole agreement between you and us about the Service and replace any earlier agreement.
• Severability. If a provision is found unenforceable, it is enforced to the extent permitted and the rest stays in force.
• Assignment. You may not assign or transfer these Terms or your account. We may assign them, for example to a successor of the business, and will tell you if we do.
• No waiver. Our not enforcing a provision is not a waiver of it.
• Force majeure. We are not liable for delay or failure caused by events outside our reasonable control, including outages of the providers the Service runs on and changes made by game or mod-loader publishers.
• Notices. We send notices to the email address on your account; you send them to founder@modgod.tech. A notice is effective when sent.
• Export control. You may not use or export the Service in violation of United States export-control or sanctions laws.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.
• Interpretation. Headings are for convenience only, and “including” means “including without limitation”.

Contact

Questions about these Terms: founder@modgod.tech. We are ModGod, the operator of modgod.tech.