1. Definitions

• Account means a registered GameTune user account.

• Campaign means a marketing campaign created or administered through the Platform.

• Campaign Agreement means any campaign-specific agreement, statement of work, or Master Services Agreement between GameTune and a User governing a particular Campaign.

• Campaign Brief means the campaign-specific document defining deliverables, timelines, compensation, usage rights, and campaign requirements.

• Client means a business, agency, brand, label, publisher, game studio, or other organization using the Platform.

• Creator means an independent individual or entity creating content through the Platform, including an individual operating under an online persona, stage name, or pseudonym, and including any virtual, animated, or artificial-intelligence-generated persona, figure, or character controlled or operated by such individual or entity.

• Content means any text, images, videos, audio, livestreams, files, analytics, comments, messages, or other materials uploaded to the Platform.

• Platform means the GameTune website, APIs, creator dashboard, client dashboard, mobile applications, and related software.

• Platform Policies means the operating policies, community guidelines, brand-safety standards, and acceptable-use rules GameTune publishes and updates from time to time, which are incorporated into these Terms by reference.

• Master Services Agreement or “MSA” means any master services agreement executed between GameTune and a User that governs the broader commercial relationship.

2. Eligibility

You represent and warrant that:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction.

• You have authority to enter into binding agreements.

• All registration information is accurate.

• You will maintain accurate account information.

Businesses registering accounts represent that the person creating the account has authority to bind the business.

3. Account Registration

Users must:

• Provide accurate information.

• Maintain current contact details.

• Maintain payment information where required.

• Protect login credentials.

• Notify GameTune of unauthorized access.

• Provide and maintain a valid registered mobile phone number, and consent to receive account-verification, security, and Campaign-related messages by SMS at that number. Users may be required to complete SMS-based verification or two-factor authentication, and consent to such messaging as a condition of access. Message and data rates may apply; consent to promotional messaging is separate and may be withdrawn without affecting account-security messages.

Users are responsible for all activity occurring through their Accounts.

4. Platform License

Subject to compliance with these Terms, GameTune grants Users a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for lawful internal business purposes. No ownership rights are transferred.
This license is subject to the following restrictions. Users shall not: (a) exceed the seat, account, usage, or API-call limits applicable to their subscription or plan; (b) share, resell, sublicense, or provide access to the Platform to any third party except as expressly permitted; (c) use the Platform, its APIs, or any data obtained from it to build or train a competing product or service; (d) remove or obscure any proprietary notices; or (e) use the Platform other than in accordance with GameTune's published API terms and Platform Policies. GameTune may monitor usage to enforce these limits and may throttle or suspend access that exceeds them.

5. Acceptable Use

Users shall not:

• Violate applicable law.

• Impersonate another person.

• Create fraudulent accounts.

• Manipulate Campaign metrics.

• Upload malware.

• Interfere with Platform security.

• Scrape Platform data.

• Reverse engineer the Platform.

• Attempt unauthorized access.

• Upload unlawful content.

• Infringe intellectual property rights.

• Harass other users.

• Distribute spam.

In addition, Users represent and warrant that they are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and are not identified on any U.S. government restricted-party list (including the OFAC Specially Designated Nationals list). Users shall not use the Platform in violation of applicable export-control or sanctions laws, and shall comply with all Platform Policies governing restricted or regulated industries (including, where permitted, gaming, gambling, and betting Campaigns)

6. Campaigns

Campaign participation is governed by applicable Campaign Briefs, Campaign Agreements, and Platform Policies. GameTune may approve, reject, suspend, modify, or cancel Campaigns at its reasonable discretion to protect the Platform or comply with legal obligations. GameTune does not guarantee Campaign availability.
Brand Safety and Suitability. GameTune reserves the right, but not the obligation, to review, screen, approve, or reject Creators and Campaign Content before or after publication to protect brand safety and suitability, to enforce Platform Policies and Campaign Briefs, and to satisfy Client requirements. GameTune may maintain creator eligibility and exclusion lists and may decline to match a Creator to a Campaign. Exercise of this right does not make GameTune the author or publisher of any Content or relieve Creators of responsibility for their Content.

6A. Content Removal

Creators acknowledge that certain Campaigns may require the removal, deletion, privatization, or disabling of access to Campaign Content due to legal, regulatory, intellectual property, brand safety, platform policy, or client requirements.
Where requested by GameTune or the applicable Client, and where such request is consistent with the applicable Campaign Brief or Campaign Agreement, the Creator agrees to promptly remove, delete, make private, or otherwise disable public access to the applicable Campaign Content within the timeframe specified in the request. Creators shall reasonably cooperate with GameTune in confirming that the requested action has been completed.
Unless otherwise specified in the applicable Campaign Brief or required by law, GameTune may withhold or recover compensation for Campaign Content that is removed before satisfying any required minimum posting or live period. If removal is requested by GameTune or the Client after the Creator has fully complied with all Campaign requirements, such removal alone shall not affect the Creator's entitlement to compensation unless otherwise provided in the applicable Campaign Brief or Campaign Agreement.

6B. Sponsored Content and Required Disclosures

Creators are solely responsible for clearly and conspicuously disclosing any material connection to a Client or Campaign in accordance with the U.S. Federal Trade Commission's Endorsement Guides and all comparable laws, regulations, and platform requirements in any jurisdiction where Content is published (for example, using #ad or #sponsored or an equivalent clear disclosure). Creators shall make only truthful claims, shall not misrepresent their experience with a product or service, and shall comply with any disclosure instructions in the applicable Campaign Brief. Creators shall indemnify GameTune and the applicable Client for any claim arising from a failure to make required disclosures or from false or misleading endorsements.

6C. AI-Generated and Synthetic Content

Where a Creator uses artificial intelligence, synthetic media, voice cloning, or a virtual or AI-generated persona to create Campaign Content, the Creator represents and warrants that: (a) the Content does not infringe, misappropriate, or violate any third party's intellectual property, publicity, privacy, or other rights; (b) the Creator holds all rights necessary to use any name, likeness, voice, or persona depicted; and (c) the Content is disclosed and labeled as AI-generated or synthetic wherever required by law, by the applicable Campaign Brief, or by the rules of the platform on which it is published. GameTune may require additional disclosures or reject AI-generated Content that does not meet Client or Platform Policy standards.

6D. Third-Party Platform Compliance

Creators shall comply with the terms of service, community guidelines, and advertising and disclosure policies of every third-party platform on which Campaign Content is published (including TikTok, Instagram, YouTube, X, Snapchat, Twitch, and Discord). GameTune is not responsible for any action taken by a third-party platform, including removal, demonetization, shadow-banning, or suspension of a Creator's account, and such actions by a platform do not create liability for GameTune.

7. Payments

Where GameTune provides payment processing:

• Payments shall be made in accordance with applicable Campaign Agreements.

• Users must maintain accurate payment information.

• GameTune may verify identity before releasing funds.

• Taxes remain the responsibility of each User unless required by law.

GameTune may suspend, withhold, or reverse payments where fraud, chargeback abuse, or misrepresentation of payment, identity, or performance information is reasonably suspected. Users shall not provide false payment, banking, tax, or performance information, and any such misrepresentation is a material breach of these Terms.

8. Platform Fees

Clients agree to pay subscription fees, Campaign fees, processing fees, enterprise licensing fees, and other agreed charges. Late payments may result in suspension.

9. Intellectual Property

GameTune owns all rights relating to its software, source code, APIs, trademarks, databases, AI systems, analytics tools, and Platform design. Users retain ownership of their own uploaded content. Nothing in these Terms transfers ownership of User Content to GameTune except for the limited license below.

9A. Copyright Complaints (DMCA)

GameTune respects intellectual property rights and responds to notices of alleged infringement under the Digital Millennium Copyright Act. Copyright owners who believe Content on the Platform infringes their rights may send a written notice to GameTune's designated agent containing the information required by 17 U.S.C. § 512(c)(3). GameTune will remove or disable access to allegedly infringing Content and will terminate, in appropriate circumstances, the Accounts of Users who are repeat infringers. Users may submit counter-notifications as permitted by law.

10. License to GameTune

Users grant GameTune a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, and display User Content within the Platform, to perform technical processing, and to administer Campaigns. This license ends when User Content is removed, except where retention is required by law or reasonably necessary to resolve disputes.

10A. Campaign Usage Rights

Separate from the hosting license above, the usage rights a Client receives in Campaign Content — including any right to repost, advertise, or otherwise exploit Creator deliverables — are governed by the applicable Campaign Brief, Campaign Agreement, or Master Services Agreement, and by any approvals required from the Creator or authorized clipper stated therein. These Terms do not themselves grant a Client any advertising or commercial-use license to Creator Content beyond what those documents provide.

11. User Conduct

Users shall interact professionally. Users shall not:

• Harass others.

• Discriminate.

• Threaten violence.

• Publish illegal material.

• Knowingly spread misinformation relating to Campaigns, including false statements about compensation, deliverables, or performance.

• Abuse customer support.

Repeated violations may result in permanent suspension.

12. Account Suspension

GameTune may suspend or terminate Accounts where Users materially violate these Terms, commit fraud, manipulate analytics, violate applicable laws, compromise Platform security, or repeatedly violate Campaign requirements. GameTune may investigate suspected misconduct before taking action and will use commercially reasonable efforts to notify affected Users where appropriate.

13. Privacy and Data Protection

Collection and processing of personal information are governed by the GameTune Privacy Policy. Users consent to the processing of personal information necessary to provide the Platform.
GameTune processes personal information in accordance with applicable data-protection laws, including the California Consumer Privacy Act (as amended) and, where applicable, the EU and UK General Data Protection Regulation. Where a User acts as a business or controller and GameTune processes personal information on its behalf, the parties shall enter into GameTune's Data Processing Addendum, which is incorporated by reference and governs such processing, including any international data transfers under an approved transfer mechanism.

14. Confidentiality

Users receiving confidential Campaign information shall maintain confidentiality, use information solely for Platform purposes, and prevent unauthorized disclosure. These obligations survive termination.

14A. Relationship of the Parties

Nothing in these Terms creates any employment, partnership, joint venture, agency, or franchise relationship between GameTune and any User. Creators access the Platform as independent parties, are not employees or agents of GameTune, and are solely responsible for the manner and means of creating their Content and for their own taxes, benefits, and business expenses. No User has authority to bind GameTune.

15. Disclaimers

The Platform is provided “AS IS” and “AS AVAILABLE.” GameTune does not guarantee uninterrupted service, error-free operation, Campaign availability, specific earnings, Creator selection, business results, or algorithm performance.

16. Limitation of Liability

To the fullest extent permitted by law, GameTune shall not be liable for indirect damages, lost profits, business interruption, consequential damages, or loss of goodwill. GameTune's aggregate liability arising from these Terms shall not exceed the greater of the total fees paid by the User to GameTune during the twelve (12) months preceding the claim, or USD $500. This limitation does not apply where prohibited by law or for fraud, gross negligence, or willful misconduct.

17. Indemnification

Users agree to defend, indemnify, and hold harmless GameTune, its affiliates, officers, directors, employees, contractors, and agents from claims arising out of breach of these Terms, User Content, violation of law, infringement of third-party rights, failure to make required advertising disclosures, or negligent or intentional misconduct.

18. Force Majeure

GameTune shall not be liable for delays caused by events beyond its reasonable control, including natural disasters, internet outages, cloud failures, cyberattacks, government actions, labor disputes, social media platform outages, and pandemics.

19. Changes to the Platform

GameTune may modify features, discontinue services, update pricing, introduce new functionality, or change APIs. GameTune will provide reasonable notice where changes materially affect Users.

19A. Changes to These Terms

GameTune may amend these Terms from time to time. GameTune will post the updated Terms with a revised Effective Date and, where changes are material, provide reasonable advance notice (for example, by email or in-Platform notice). Continued use of the Platform after the updated Terms take effect constitutes acceptance. If a User does not agree to the updated Terms, the User's sole remedy is to stop using the Platform and close the Account.

20. Dispute Resolution

The Parties shall first attempt to resolve disputes informally. If unresolved within thirty (30) days, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA). Arbitration shall take place in Los Angeles County, California. Either Party may seek temporary injunctive relief to protect confidential information or intellectual property.
Class Action and Jury Trial Waiver. To the fullest extent permitted by law, disputes shall be resolved only on an individual basis, and the Parties waive any right to bring or participate in a class, collective, or representative action and any right to a jury trial. If this waiver is found unenforceable as to a particular claim, that claim shall proceed in court while all other claims remain in arbitration.

21. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Subject to the arbitration provisions, the state and federal courts located in Los Angeles County, California shall have exclusive jurisdiction over matters arising under these Terms.

22. Electronic Acceptance

By creating an Account, clicking “I Agree,” or otherwise using the Platform, the User agrees that electronic acceptance constitutes a legally binding signature under the E-SIGN Act and the California Uniform Electronic Transactions Act (UETA).

23. Termination

Users may terminate their Account at any time. GameTune may suspend or terminate Accounts for violations of these Terms, fraud, prolonged inactivity, or legal requirements. Termination does not affect accrued rights or obligations.

24. Miscellaneous

• Entire Agreement. These Terms, together with any applicable Campaign Agreement, Master Services Agreement, Campaign Brief, Privacy Policy, Data Processing Addendum, and incorporated Platform Policies, constitute the entire agreement between the Parties regarding use of the Platform.

• Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.

• Waiver. Failure to enforce a provision does not waive future enforcement.

• Assignment. Users may not assign these Terms without GameTune's prior written consent. GameTune may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.

• Survival. Provisions relating to intellectual property, confidentiality, indemnification, limitation of liability, payment obligations, disclosure obligations, and dispute resolution survive termination.

25. SMS Terms of Service

Program: Game Tune Job & Campaign Alerts

By providing your mobile number and checking the SMS consent box on Game Tune, you agree to receive recurring automated text messages from Game Tune notifying you of new clipping jobs, brand campaigns, deadlines, and submission status. Consent is not a condition of purchase or of using the Game Tune platform.

Message frequency varies. Message and data rates may apply.

For help, reply HELP or contact us at [info@gametune.ai]. To stop receiving messages, reply STOP at any time; you will receive one confirmation message and no further texts.

Carriers are not liable for delayed or undelivered messages. Your mobile information will not be shared with or sold to third parties or affiliates for their marketing or promotional purposes. For details on how we handle your data, see our [https://gametune.ai/privacy-policy]

Contact Information

Game Tune, LLC

Legal Department

• Email: legal@gametune.ai

• Mailing Address: 1155 N La Cienega Blvd, West Hollywood,CA 90069