Terms of Service

You must be at least sixteen (16) years old to create an account or use the Platform. By using the Platform, you represent that you are 16 or older and have the legal capacity to enter into these Terms. The Platform hosts interactive fiction with mature themes appropriate to a 16+ audience (emotional intensity, romance, suspense, stylized peril). The Platform does not permit sexually explicit content, and prohibits any content that sexualizes or endangers minors without exception (see Section 5).

You are responsible for the accuracy of your registration information, for keeping your credentials secure, and for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Platform or other users.

Black Water provides AI-assisted tools that allow creators to produce interactive narrative games without coding, and allow players to play games created on the Platform. Because parts of the Platform generate content using AI models, generated output may be unpredictable or inaccurate and does not reflect our views. AI-generated dialogue and narrative are fictional and for entertainment only.

Ownership. As between you and Black Water, you retain ownership of the original games and content you create using the Platform ("Creator Content"), to the extent such content is protectable under applicable law, and subject to the licenses below and to any third-party rights in underlying tools or models. You acknowledge that portions of Creator Content generated by AI may not be protectable by copyright under the laws of some jurisdictions (including the United States), and that Black Water makes no representation that any particular output is protectable. To the extent you hold any rights in AI-generated portions of your Creator Content, the licenses you grant below apply to them; to the extent such portions are not protectable, nothing in these Terms restricts either party’s use of them.

License to Black Water. You grant Black Water a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to host, store, reproduce, adapt, modify, translate, publicly display, publicly perform, distribute, make available, commercialize, and otherwise use your Creator Content, in any form or medium now known or later developed, to operate, provide, promote, and improve the Platform and our related products and services.

Product Improvement. Black Water may process Creator Content — the structured creation outputs you generate using the Platform’s tools, such as worldbuilding settings, character configurations, story structures, and written copy — to operate, evaluate, maintain, and improve the Platform’s creation features and services, including the design and performance of our AI-powered creation tools. Black Water does not currently use Creator Content to train AI models, and does not train its own foundation models. This processing does not include the free-text messages players send to in-game AI characters. Where required by applicable law, we rely on our legitimate interests as the legal basis. You may object to this processing at any time by emailing us at feedback@blackwaterlabs.io; see our Privacy Policy for details, including how objection affects any processing already carried out.

Managing Your Content. You may edit, update, or remove your Creator Content using the tools we provide on the Platform, or by contacting us, including after publication. If you delete your account, the games you have published will remain available on the Platform, shown under the creator name you published them with, as permitted by the license you grant above. You may ask us to remove a published game, or to display it without your creator name, at any time — before or after you delete your account. We do not guarantee the continued availability of any specific tool or feature.

Platform Rights over Content. We may, but are not obligated to, review, screen, modify, or remove any Creator Content at any time, without prior notice, to operate the Platform, comply with law, enforce these Terms, or protect users — without liability to you.

Players. Players receive a limited, personal, non-transferable, revocable right to access and play games on the Platform, and acquire no ownership of Creator Content or Platform materials.

Black Water IP. The Platform itself — including our software, the AI models and generation engine we provide, the runtime, art-style systems, templates, UI, and trademarks — is owned by Black Water or our licensors. While you retain ownership of your Creator Content, your ownership does not extend to the underlying Platform technology used to generate, run, or power games. These Terms grant you no rights in our IP except as expressly stated.

You agree not to use the Platform to create, upload, or share content that:

We respond to valid notices of claimed copyright infringement. If you believe content on the Platform infringes your copyright, send a written notice to our designated agent (see Section 14) containing the information required by the DMCA (17 U.S.C. § 512), including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Platform; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner’s behalf.

We may remove or disable access to allegedly infringing content, notify the affected user, and, where appropriate, accept a counter-notice. We terminate repeat infringers in appropriate circumstances.

Payment, Credits, and Refunds. Certain content and features (for example, unlocking later chapters of a game) may require payment or the use of credits. Prices are shown before purchase.

Credits are consumed when you use them to generate content. Where permitted by applicable law, and unless otherwise stated at the time of purchase, credits expire twelve (12) months after the date of purchase if not used. Except where applicable law requires otherwise, purchased credits are non-refundable, including once consumed. However, if a generation task fails or times out due to a technical error on our side and does not deliver the output you paid for, the corresponding credits will be returned to your balance.

Nothing in this section limits any statutory right of withdrawal or consumer-protection rights that apply to you, or any refund rights provided by the store or payment channel through which you purchased.

THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that AI-generated output will be accurate or appropriate, or that the Platform will be uninterrupted, error-free, or secure.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACK WATER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD 100.

You agree to indemnify and hold harmless Black Water and its officers, employees, and agents from any claims, damages, and expenses (including reasonable legal fees) arising out of your Creator Content, your use of the Platform, or your violation of these Terms or applicable law.

You may stop using the Platform at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law, or to protect the Platform or its users. Provisions that by their nature should survive termination (including ownership, the licenses granted to us, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

We may update these Terms from time to time. For material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new "Last updated" date). Your continued use after changes take effect constitutes acceptance.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules.

Informal Resolution First. Before starting arbitration, you agree to first contact us and describe your dispute in writing, and to allow us sixty (60) days to attempt to resolve it. Most disputes can be resolved this way.

Binding Arbitration; Class-Action Waiver. To the maximum extent permitted by law, any dispute arising out of or relating to these Terms or the Platform that is not resolved informally will be resolved by binding individual arbitration administered by AAA under its Consumer Arbitration Rules. You and Black Water waive the right to a jury trial and the right to participate in any class, collective, or representative action. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

Small-Claims Exception. Either party may bring an individual claim in a small-claims court with jurisdiction, instead of arbitration.

Your Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to feedback@blackwaterlabs.io within thirty (30) days of first accepting these Terms. Opting out does not affect any other part of these terms.

Arbitration Costs. For consumer disputes, Black Water will pay any arbitration filing and administrative fees that exceed the cost of filing in court, except where your claim is found by the arbitrator to be frivolous.

Coordinated or Mass Filings. If twenty-five (25) or more similar arbitration demands are asserted by or with the assistance of the same or coordinated counsel, the parties agree the demands will be administered in staged batches: a limited number of representative “bellwether” cases will be arbitrated first, and the remaining demands stayed, so that the results may guide resolution of the rest. Applicable limitation periods for the stayed demands are tolled during this process.

Mandatory Protections Preserved. This Section does not deprive consumers in the EEA, UK, or other jurisdictions of any mandatory local-law protections or of the right to bring proceedings in their home courts where such rights cannot lawfully be waived. If any part of this Section is held unenforceable, the remainder stays in effect; but if the class-action waiver is held unenforceable as to a particular claim, that claim will proceed in court, not in arbitration.

Black Water Lab, Inc. 584 Castro Street #3007 San Francisco, CA 94114 General: feedback@blackwaterlabs.io Copyright: DMCA Designated Agent, Black Water Lab, Inc., 584 Castro Street #3007, San Francisco, CA 94114 · dmca@blackwaterlabs.io