Construct Game Services Terms and Conditions
Last updated 23 Jan, 2026
Definitions
- "Services" ("CGS", "we", "our" or "us") means the cloud-based infrastructure, APIs, dashboards, and related software and services provided by Scirra Ltd under the Construct Game Services brand.
- "Customer" ("Customers", "Developer", "you" or "your") means the legal entity, individual or collective purchasing or using the Service.
- "End Users" means individuals who access the Service operated by the Customer.
- "Customer Content" means all text, media, data, or communications generated, transmitted, or stored by End Users through the Service.
These Terms and Conditions (“Terms”) govern your access to and use of Services. We provide a cloud platform that enables Customers to integrate cloud-based features into their products and services. By using CGS, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
Eligibility
You may use the Services only if you are legally able to enter into binding contracts. If you are using CGS on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Completing the Electronic Order Form
When you complete the electronic order form you are making a non-revocable offer to purchase, which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order. Acceptance of payment does not mean we are accepting the contract. If we refuse your order any payments made will be refunded in full.
Refund and Cancellation Policy
It is solely your responsibility to cancel any recurring payment ahead of time before a scheduled recurring payments is taken. All payments for subscriptions are final and non refundable. We will make best efforts to contact you by email when a payment is upcoming, but delivery of this is not guaranteed.
You can cancel your plans at any point, and you will still have access for the paid-for period. If cancelled, your plan will end when the next payment would of been due.
Service starts as soon as your first payment is processed. Your contract renews automatically until you cancel your order. You can cancel your contract with us at any time by logging in and visiting your account information page or by contacting us by email with at least 5 working days notice.
Changing Plan Billing or Capabilities
We offer different tiers of plans. When you choose to upgrade a plan to a more capable tier, you understand that it is not possible to downgrade the plan to a lower tier.
Our plans are offered in different billing frequencies (monthly, yearly etc). It is only possible to move a plan to a less frequently billed plan (for example going from monthly to yearly). It is not possible to go back to plans with a more frequent billing period.
Some elements of the plan can be adjusted for additional cost, for example you can add extra cloud storage. When you add extra capacity, the cost is prorated to the next renewal date. If you reduce capacity, a prorated credit will be applied to your subscription which will be deducted from the next payment on the subscription. If you cancel your subscription with credit, the credit will be forfeited and will not be refunded.
Chargebacks
If you initiate a chargeback with your financial institute, whilst the chargeback is being resolved your service may be suspended until the chargeback is resolved. This can take several weeks. If the chargeback resolves in Scirra Ltd's favour, your service will be restored. If Scirra Ltd loses the chargeback, your service may be permanently suspended.
Use of Services
We provide a technical platform only. We do not operate, control, moderate, monitor, curate Customer Content. The Customer is the sole operator of all Services.
You are responsible for maintaining the security of your account, including passwords, API keys, and access credentials.
You agree not to:
- Reverse engineer, decompile, or tamper with the Services.
- Use the Services in ways that violate applicable laws or regulations.
- Interfere with the proper operation, security, or availability of CGS.
- Use CGS within the bounds of our fair use policy.
Customer Responsibilities
The Customer acknowledges and agrees that it is solely and fully responsible for:
- All Customer Content, including user-generated messages, files, links, and media.
- Moderation of Customer Content.
- Enforcing rules of conduct with End Users.
- Removing unlawful, harmful, or prohibited content.
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Compliance with all applicable laws and regulations, including but not limited to:
- Privacy and data protection laws (e.g., GDPR, CCPA, COPPA, UK GDPR)
- Online safety, child protection, and harassment laws
- Consumer protection and advertising laws
- Employment, education, healthcare, or sector-specific regulations (if applicable)
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Obtaining all required consents from End Users for:
- Data collection and processing
- Recording or storing communications
- Use of cookies, tracking, or analytics
- Defining minimum age requirements
- Implementing age verification where required
- Obtaining verifiable parental consent where applicable
- Preventing underage access when legally required
- Establishing and enforcing End User terms, policies, and community guidelines.
- Obtaining any necessary rights, permissions, or consents from End Users before transmitting their data to CGS.
Moderation & Safeguarding Obligations
The Customer must:
- Actively moderate Customer Content and End User activity and communications.
- Remove harmful or illegal content promptly
- Respond to safety complaints and abuse reports
- Maintain trained moderators when minors are present
No Moderation or Oversight by Scirra Ltd
Scirra Ltd:
- Does not review or approve Customer Content
- Has no obligation to monitor Customer Content or communication
- Does not verify End User identity, age, or legal capacity
- Does not guarantee the safety, accuracy, or legality of Customer Content
Any tools provided for moderation are optional technical features and do not transfer responsibility and do not replace Customer oversight to Scirra Ltd.
Prohibited Content (Non-Exhaustive)
The Customer must prevent and address:
- Child sexual abuse material (CSAM)
- Grooming or predatory behavior
- Bullying, harassment, or threats
- Hate speech or extremist content
- Self-harm encouragement
- Exploitation or coercion
Reporting to Authorities
The Customer is solely responsible for:
- Mandatory reporting to law enforcement or child protection agencies
- Preserving evidence where legally required
- Cooperating with lawful investigations
Scirra Ltd has no independent reporting obligation unless required by law.
Prohibited Use
The Customer shall not use the Services to operate functionality that:
- Violate any applicable law or regulation
- Facilitate harassment, abuse, hate speech, or discrimination
- Exploit or endanger minors
- Infringe intellectual property rights
- Distribute malware, scams, or fraudulent content
- Violate privacy or data protection obligations
The Customer is responsible for preventing and addressing such use by End Users.
Data Protection & Privacy
For data protection purposes:
- The Customer acts as Data Controller
- Scirra Ltd acts as Data Processor
The Customer represents and warrants that it:
- Has a lawful basis for processing End User data
- Provides legally compliant privacy notices
- Honors data subject rights requests
- Implements appropriate security measures
Service Availability and Support
CGS aims to provide reliable Services but does not guarantee uninterrupted or error-free operation.
We may modify, suspend, or discontinue the Services at any time, with or without notice.
Fees and Payment
Some features of CGS may require payment. If applicable, fees will be disclosed at the time of subscription or usage.
All payments are non-refundable unless otherwise required by law.
Failure to pay may result in suspension or termination of your access to the Services.
Privacy and Data Protection
CGS may collect and process data about Developers and end-users in accordance with our Privacy Policy.
Intellectual Property
All CGS technology, including APIs, software, documentation, and branding, are owned by CGS or its licensors.
Except for rights expressly granted under these Terms, no licenses or rights are transferred to you.
Termination
You may stop using CGS at any time.
We may suspend or terminate your access if you breach these Terms, fail to pay applicable fees, or use the Services in a way that may harm CGS, other developers, or end-users.
Upon termination, your access to Developer Content stored on CGS may be removed. We encourage you to back up your data.
Disclaimers
CGS is provided on an “AS IS” and “AS AVAILABLE” basis.
To the fullest extent permitted by law, CGS disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the maximum extent permitted by law:
- Scirra Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
- Scirra Ltd will not be liable for indirect, incidental, special, or consequential damages arising from your use of the Services.
- Scirra Ltd will not be liable for User-generated content
- Scirra Ltd will not be liable for illegal or harmful End User behavior
- Scirra Ltd will not be liable for failure of the Customer to comply with laws
- Total liability shall not exceed the amount paid by the Customer in the 12 months preceding the claim.
Indemnification
The Customer agrees to defend, indemnify, and hold harmless [Your Company Name], its officers, directors, employees, and partners from any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from or related to:
- Customer Content
- End User behavior
- Failure to moderate or enforce rules
- Violation of laws or regulations
- Privacy or data protection breaches
- Claims by End Users or third parties
Suspension and Termination
We may suspend or terminate access to the Service if:
- The Customer violates these Terms
- Use of the Service creates legal or reputational risk
- Required by law or government request
Termination does not relieve the Customer of liability for prior activity.
No Legal or Compliance Advice
Scirra Ltd does not provide legal, compliance, or regulatory advice. The Customer is solely responsible for determining whether the Service meets legal requirements for its use case.
Changes to Terms
We may update these Terms from time to time. The latest version will always be posted on our website. Continued use of CGS after updates constitutes acceptance of the revised Terms.
Governing Law
These Terms are governed by the laws of the United Kingdom without regard to its conflict of laws principles.
Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and Scirra Ltd and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms). If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Contact
For questions about these Terms, contact us here.