Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Scalista GmbH, Spallartgasse 23/99, 1140 Vienna, Austria (“Scalista”, “we”, “us”) and the entity you represent (“Customer”, “you”) governing access to and use of the GameAdMaker platform, websites, editors, runtimes, exports, hosted campaigns, APIs and related services (together, the “Service”).

• By creating an account, clicking accept, or using the Service, you confirm that you act in the course of a business (Unternehmer within the meaning of the Austrian Commercial Code, UGB), that you are not a consumer, and that you have authority to bind the entity you act for.
• If you use the Service on behalf of clients (e.g. as an agency), you remain fully responsible to us for everything done in your workspace.
• Our Privacy Policy explains how we handle data; it forms part of the overall framework but is not a contractual annex.

The Service currently includes, without being limited to:

• game templates (e.g. match-3, runner, tap-to-collect, slots) and a visual editor;
• AI-assisted features such as brand extraction, copy generation, translation and config editing;
• export pipelines producing bundles for ad networks (e.g. Meta, Moloco, TikTok) with best-effort compliance checks;
• hosting of published web campaigns under GameAdMaker-controlled URLs;
• any features, integrations or APIs we add in the future, which are automatically covered by these Terms.

The Service is under continuous development. We may add, modify or retire individual features at any time (Section 11 governs material changes and discontinuation).

• You must be at least 18 years old and use the Service for business purposes only.
• You are responsible for all activity under your account and workspace, including activity by your team members and contractors, and for keeping credentials confidential.
• Account information must be accurate and kept up to date; we may rely on it for billing and legal notices.
• You may not transfer, sell or sub-license access to the Service except as expressly allowed by your plan.

• Paid plans are billed in advance, per billing cycle, via our payment provider (currently Stripe). Subscriptions renew automatically until cancelled.
• Plan limits (projects, exports, seats) and AI credits are consumed as metered in the product. Credits reset with each billing cycle, do not roll over, and have no monetary value outside the Service.
• We may change prices and plan structures with at least 30 days' notice; changes take effect at your next billing cycle. If you do not agree, cancel before the new cycle starts.
• All fees are exclusive of taxes; you are responsible for applicable VAT or withholding unless we are required to collect it.
• On non-payment we may downgrade, suspend or restrict the workspace after reasonable notice. Fees already paid are non-refundable except where these Terms expressly say otherwise (Sections 11–12).
• Enterprise agreements with separate order forms prevail over conflicting plan terms.

Trials, free tiers, and features labelled alpha, beta, preview or experimental are provided as-is, without any warranty or service commitment. We may modify, limit, suspend or terminate them — and delete associated data — at any time without notice, refund or liability. Beta features may produce incorrect output and should not be relied on for production campaigns without review.

• Your content stays yours. You retain all rights in assets you upload (logos, images, audio, fonts, copy) and in your project configurations (“Customer Content”).
• You grant us a worldwide, non-exclusive license to host, store, process, transform (e.g. optimize media), display and distribute Customer Content solely to operate, secure and improve the Service — including serving published campaigns at your direction. This license ends when the content is deleted, except for backups kept briefly thereafter.
• You warrant that you own or are licensed to use all Customer Content — in particular third-party brands, trademarks, characters, fonts and music — for the advertising you create, and that your use respects the rights of others. Agencies additionally warrant their clients' authorization.
• Export license. For each playable bundle exported during a paid subscription term, we grant you a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce and distribute that bundle (including the embedded GameAdMaker runtime) for your advertising purposes. This license survives termination of these Terms. The runtime and templates themselves are licensed, not sold (Section 13).

• AI features are powered by third-party large-language and generation models. Output is probabilistic: it may be inaccurate, incomplete, or similar to output generated for other customers, and may not be protectable by copyright in some jurisdictions.
• To the extent we hold any rights in AI output generated for you, we assign or license them to you upon generation. We make no warranty that AI output does not infringe third-party rights — you must review and clear it before commercial use.
• You may not use AI features to generate unlawful, deceptive or infringing material, or input personal data of third parties (see our Privacy Policy).
• AI usage is metered in credits (Section 4); model availability and quality may change as providers evolve, and a specific model is never guaranteed.

You must not, and must not allow anyone using your workspace to:

• create or distribute ads that are illegal, deceptive, defamatory, discriminatory, or that infringe third-party rights;
• misrepresent gameplay, odds, prices, prizes or promotional offers (including promo codes embedded in playables — offers you publish, you must honor);
• target minors with age-restricted products, or circumvent age, geo or content restrictions of any ad network or jurisdiction;
• introduce malware or tracking into playables beyond what the platform provides, or attempt to circumvent ad-network review systems;
• reverse engineer, scrape, resell or benchmark the Service except as permitted by mandatory law;
• impose abnormal load, abuse rate limits, share credentials, or mine the AI features to build a competing dataset or model.

Regulated industries. If your campaigns concern regulated products or services — including gambling, real-money gaming, financial products, crypto-assets, alcohol, tobacco, pharmaceuticals or healthcare — you are solely responsible for licensing, mandatory disclosures, age-gating, geo-fencing and every other regulatory requirement in each market you target. We may require evidence of compliance and may suspend campaigns at our discretion if we have reasonable concerns.

• Exported bundles run inside third-party ad networks under those networks' terms and technical specifications, which change frequently and outside our control.
• Our compliance checks are a best-effort convenience, not a guarantee of acceptance, performance, or continued compatibility. A passed check does not mean a network will approve or keep serving your ad.
• We are not responsible for network rejections, policy enforcement, account actions, spend, attribution or measurement on third-party platforms, nor for changes that require re-exporting existing bundles.
• Payment, authentication and infrastructure providers we integrate (e.g. Stripe, Clerk) apply their own terms to their part of the flow.

• Published web campaigns are hosted under GameAdMaker-controlled URLs as part of the Service. You are the publisher of, and responsible for, their content in every jurisdiction you direct them at, including any privacy notices your audience requires.
• We operate a notice-and-action mechanism consistent with the EU Digital Services Act: anyone can report allegedly illegal hosted content to [email protected]; we review diligently and may remove or disable access, informing you where the law allows.
• We may suspend or take down hosted campaigns that violate these Terms, applicable law, or that put the Service, other customers or end users at risk. Where reasonable, we notify you first.
• Published URLs, visibility settings and password gates are conveniences, not a security guarantee — do not publish content that must remain confidential.

• Evolution. We may modify the Service at any time, including adding, changing or retiring features, templates, AI models, plans, networks or technical requirements, provided the core character of a paid plan is not materially degraded during a paid-up cycle without the remedies below.
• Suspension. We may suspend the Service or parts of it, wholly or for specific customers, where reasonably necessary — e.g. for maintenance, security incidents, suspected abuse, legal compliance, or non-payment. We restore access as soon as the reason lapses.
• Discontinuation. We may discontinue the Service, or any material feature of it, at any time and for any reason — including commercial ones. For customers on paid plans we will (i) give at least 30 days' notice where legally and practically possible, (ii) keep a data-export window open for 30 days after the effective date, and (iii) refund the pro-rata share of prepaid fees covering the period after discontinuation.
• Sole remedy. To the maximum extent permitted by law, the refund in clause (c) is your sole and exclusive remedy for any modification, suspension or discontinuation of the Service. Export licenses already granted under Section 6(d) survive unaffected — your live campaigns keep running on their networks.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including outages of providers, networks or models, acts of authorities, war, or internet infrastructure failure.

• These Terms apply from first use and run until terminated. You may cancel your subscription at any time in the app; cancellation takes effect at the end of the current billing cycle, with access until then.
• We may terminate for convenience with 30 days' notice, refunding the pro-rata share of prepaid fees for the unused period — the same sole-remedy rule as Section 11(d) applies.
• We may terminate or suspend immediately for material breach (including Sections 6–10), insolvency, or where required by law. No refund is owed for terminations caused by your breach.
• Upon termination: access ends; we delete Customer Content within 30 days (backups shortly after) except where retention is legally required; Sections 6(d), 13–16 and 18 survive.

• The Service — including software, templates, game mechanics, runtimes, design systems, documentation and trademarks — is and remains the exclusive property of Scalista or its licensors. You receive only the limited, non-exclusive, non-transferable rights expressly granted in these Terms.
• Nothing in these Terms transfers ownership of templates or the runtime, in or outside exported bundles; their use inside exports is governed by Section 6(d).
• Feedback, suggestions and feature ideas you share may be used by us without restriction or compensation; we will never publicly attribute them to you without consent.
• You may not remove or alter proprietary notices, nor use our marks except to truthfully reference the Service.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied — including merchantability, fitness for a particular purpose, non-infringement, availability, or that defects will be corrected. We do not warrant uninterrupted operation, specific uptime, that exports will be accepted by any network, that AI output is accurate or non-infringing, or that campaigns will achieve any particular performance, approval, reach or return. Statutory warranty rights that cannot be excluded between businesses under Austrian law remain unaffected; § 924 ABGB (presumption of defectiveness) and recourse under § 933b ABGB are excluded to the extent permissible.

• We are liable without limitation for damage caused intentionally or by gross negligence, and for personal injury — to that extent nothing in these Terms limits liability.
• For slight negligence, liability is excluded — except for breach of essential contractual obligations, where it is limited to the typical, foreseeable damage.
• In all cases other than clause (a), our aggregate liability under or in connection with these Terms is capped at the total fees you paid us in the 12 months preceding the event giving rise to the claim.
• We are not liable for indirect or consequential damage, lost profits, lost revenue, lost data (to the extent you failed to keep exports of your content), business interruption, or third-party claims arising from your campaigns — each to the maximum extent permitted by law.
• Claims under this section lapse 12 months after you became aware of the damage, unless mandatory law provides otherwise.

You will indemnify and hold Scalista, its officers, employees and providers harmless from any third-party claims, damages, fines and reasonable legal costs arising out of (i) Customer Content, (ii) your campaigns and their compliance with advertising, consumer-protection and industry-specific regulation, (iii) your breach of these Terms, or (iv) your violation of third-party rights — except to the extent the claim was caused by our own breach. We will notify you promptly of any such claim and let you reasonably participate in the defense.

We may amend these Terms — for instance when features, providers or laws change. For material changes we give at least 30 days' notice in the app or by email, with the new version and effective date. If you do not agree, you may terminate before the effective date (with a pro-rata refund of prepaid fees for the period after termination); continued use after the effective date constitutes acceptance. The version and effective date at the top of this page always identify the current Terms; earlier versions are available on request.

• These Terms are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
• Exclusive place of jurisdiction for all disputes is the court with subject-matter jurisdiction for Vienna, Inner City, Austria.
• If a provision is or becomes invalid, the remainder stays in force; the invalid provision is replaced by the valid rule that comes economically closest to its purpose.
• You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition or asset sale.
• These Terms (with referenced order forms and policies) are the entire agreement regarding the Service and supersede prior arrangements. No failure to enforce a right is a waiver of it.
• These Terms are drafted in English; the English version governs any translation we may provide for convenience.