Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Exepad LLC, a Wyoming limited liability company doing business as Exekite ("Exekite", "we", "us", or "our"). By accessing or using the Exekite platform, website at exekite.com, applications, APIs, or any related services (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of a business or organization, you represent and warrant that you have authority to bind that entity to these Terms.

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such notice constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 16 years old to use the Service. If you are under 18 (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

You must provide accurate and complete registration information, maintain the security of your account credentials, and promptly notify us of any unauthorized access. You are responsible for all activity that occurs under your account.

3. The Service

Exekite is an AI-powered game creation platform that enables users to create, iterate on, and publish video games using natural language descriptions and AI-assisted tools. The Service includes:

• AI game generation from text descriptions
• Iterative game refinement through natural language feedback
• AI-generated art, music, sound effects, and other game assets
• Build generation for Web, Windows, macOS, Linux, Android (as an installable APK), and iOS

The Service is provided on an "as available" basis. We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We continuously improve our AI models and tools, which may affect how the Service operates.

4. Subscriptions and Payment

4.1 Plans and Pricing

Exekite offers a free Player tier and paid Developer Lite and Developer Pro subscription plans with different features and pricing as described on our Pricing page. Prices are in US dollars and do not include applicable taxes unless stated otherwise.

4.2 Price Changes

We may change subscription prices to reflect changes in the cost of providing the Service, including AI provider, infrastructure, and support costs, or changes in applicable taxes or legal requirements. We will give you at least 30 days' advance notice by email of any increase to your subscription price, explaining the reason, the new price, and when it will take effect. An increase applies only on a renewal date after that notice period; it will not change the price of a billing period you have already paid for. You may cancel before the increase takes effect to avoid the new charge, and you will retain access until the end of your paid period. If you cancel and later resubscribe, the price shown when you resubscribe will apply.

4.3 Billing

Subscriptions are billed monthly on the same date each month. You authorize us to charge your payment method on file for all applicable fees. If payment fails, we will attempt to collect up to three times over 10 days before suspending your account.

4.4 Upgrades and Downgrades

You may upgrade your plan at any time from your billing page. Upgrades take effect immediately, and we charge the prorated difference for the remainder of your current billing period. Credit is added to match: an upgrade adds credit equal to the amount we actually charge you for it, so a mid-period upgrade adds the prorated difference rather than a second full month's allowance. Your new plan's full allowance is then added as normal on your next renewal. To move to a smaller plan, cancel your current plan from the billing portal — you keep full access until the end of the period you have already paid for (Section 4.6), and you may subscribe to the smaller plan at any point after that.

4.4a Credit Allowance

Each paid plan includes a monthly credit allowance, shown on the Pricing page, which is added to your wallet when a payment succeeds. We add credit equal to the amount we actually receive, up to your plan's monthly allowance — so a payment that is reduced, prorated, or fully covered by an existing credit balance adds credit in proportion to what was paid.

Credit is consumed by the work you ask the Service to do. Each request is charged at twice the measured cost of the AI providers we call on your behalf, with a minimum charge of $0.12 per request. Consumption varies with the request, the models used, and any generated assets. A small September 2026 sample measured about $1–$2 of credit for an authored edit and $3–$8 for an initial game generation. These are examples, not fixed prices or caps; finishing a game usually requires further requests and additional credit. Requests that fail our automated validation and are rolled back are not charged. Every charge appears itemised in your billing history.

Unused credit rolls over and remains available while you hold an active plan, and it is not lost if you cancel. Credit expires 12 months after it is added to your wallet. Credit is consumed oldest-first, so the credit you have held longest is always used before more recent credit. Credit has no cash value and is not redeemable or transferable.

Creating and editing games requires an active plan that includes creation. If your subscription lapses or is cancelled, your games remain playable and you can download your full project source at any time, but starting new work and buying additional credit require an active plan. Any credit you hold stays in your wallet, subject to the 12-month expiry above, and becomes usable again when you resubscribe.

4.5 Refunds

Except as expressly stated in these Terms or where required by law, all fees are non-refundable. The Service performs real AI generation on paid computing infrastructure: every generation you run consumes that capacity immediately and irreversibly, and it cannot be reclaimed or resold once used. Generations already delivered to you are therefore never refundable, including where you are dissatisfied with the creative output.

You may cancel at any time to stop future charges, and you keep full access for the remainder of the billing period you have already paid for (Section 4.6). We do not refund the unused remainder of a period that has already started.

Consumers in the EEA and the UK — 14-day right of withdrawal. You have 14 days from the day you subscribe to withdraw from your subscription without giving a reason. To exercise it, contact us at hello@exekite.com. Because you ask us to begin providing the Service immediately when you subscribe, if you withdraw we will refund what you paid less a proportionate amount for what has already been supplied to you up to the moment you tell us you are withdrawing — that is, the elapsed part of the billing period together with the generations already run on your account. You will never owe us more than you have already paid, and we will reimburse you without undue delay and no later than 14 days after we are informed of your decision, using the same payment method you used. You lose this right of withdrawal once the subscription period has been fully performed by us.

The 14-day period does not restart if you change plans, or cancel and then resubscribe, because you have already had the opportunity to test the Service.

If the consumer-protection law that applies to you gives you a cancellation, withdrawal or refund right, that law applies and nothing in these Terms limits, waives or restricts it. Where such a law allows us to retain an amount proportionate to what we have already supplied, we will do so on the basis set out above.

If you open a dispute with your bank or card issuer, the funds are withdrawn from us immediately and the outcome is decided by your issuer, not by us; we cannot process a refund while a dispute is pending. If you believe you are owed a refund, please contact us first — it is faster.

4.6 Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation, you retain access to the Service until the end of your current billing period. Your games and exported projects remain yours after cancellation (see Section 5).

4.7 Free Trial and Early Access

We may offer free trials, early access programs, or promotional offers. These are subject to additional terms communicated at the time of the offer. We reserve the right to limit eligibility and modify or discontinue such offers at any time.

5. Ownership and Intellectual Property

5.1 Your Game Content

You own your games. All game projects, source code, compiled builds, and exported assets created through the Service using your descriptions and creative direction ("Your Game Content") belong to you. Exekite claims no ownership, copyright, license, or revenue share over Your Game Content.

You may use, modify, distribute, sell, and commercialize Your Game Content without restriction, subject to the limitations in Section 5.3.

5.2 Your Input

You retain all rights to the text descriptions, feedback, creative direction, and other materials you provide to the Service ("Your Input"). You grant Exekite a limited, non-exclusive license to use Your Input solely for the purpose of providing and improving the Service.

5.3 AI-Generated Assets

Art, music, sound effects, and other assets generated by our AI specifically for your project ("Generated Assets") are included in Your Game Content and you may use them freely in your games and related marketing materials.

However, Generated Assets are created using AI models trained on licensed and public domain data. While we make commercially reasonable efforts to ensure Generated Assets do not infringe third-party rights, you acknowledge that:

• AI-generated content may, in rare cases, resemble existing copyrighted works
• Copyright protection for AI-generated works varies by jurisdiction
• You are responsible for reviewing Generated Assets before commercial use

5.4 Exekite Platform IP

The Service itself — including the platform, AI models, algorithms, interfaces, documentation, branding, and all underlying technology — remains the exclusive property of Exekite. Nothing in these Terms grants you any right to Exekite's intellectual property except the limited right to use the Service as described herein.

5.5 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant Exekite a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

6. Acceptable Use

You agree not to use the Service to:

• Create games that contain or promote illegal content, including child sexual abuse material, non-consensual intimate imagery, or content that violates applicable law
• Create games that infringe upon the intellectual property rights of third parties, including unauthorized use of copyrighted characters, trademarks, or proprietary content
• Create games designed primarily to harass, threaten, defame, or harm specific individuals
• Distribute malware, spyware, or other harmful software through games created on the platform
• Circumvent or attempt to circumvent usage limits, access controls, or other technical restrictions of the Service
• Reverse engineer, decompile, or disassemble the Service or its AI models
• Use automated systems (bots, scrapers) to access the Service in ways that exceed normal human usage
• Resell, sublicense, or provide the Service to third parties as a standalone service
• Misrepresent your identity or affiliation, or impersonate any person or entity

We reserve the right to review content created on the platform and take action — including suspension or termination of your account — if we determine, in our reasonable judgment, that a violation has occurred. We may report illegal content to appropriate authorities.

7. Exported Builds and Distribution

The Service produces Web, desktop (Windows, macOS, Linux), and mobile (Android and iOS) builds that you may host and distribute yourself. Desktop and Android builds are unsigned; operating systems such as Windows SmartScreen and macOS Gatekeeper may display a security warning on first launch, and the Android build is a sideloadable APK rather than a Google Play listing. Installing an iOS build on a device or submitting it to the App Store requires your own Apple Developer account and compliance with Apple's program terms and review process, which are outside our control.

You are responsible for:

• Hosting and distributing your exported builds
• Any code signing, notarization, or store submission you choose to pursue independently, including any third-party developer accounts and fees
• Complying with the terms of any platform or store you distribute to
• Handling end-user support and legal obligations for your published games

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Exekite does not warrant that:

• The Service will be uninterrupted, error-free, or secure
• AI-generated content will be free from errors, defects, or infringement
• Games created through the Service will be accepted by any app store or platform
• Games created through the Service will achieve any particular level of commercial success
• The Service will meet your specific requirements

You acknowledge that AI-generated content may contain errors, inaccuracies, or unintended outputs, and you are responsible for reviewing all content before use or publication.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXEKITE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL EXEKITE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO EXEKITE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Exekite and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Service
• Your Game Content or any games you publish
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any claims by end users of games you publish through the Service

12. Termination

You may terminate your account at any time by canceling your subscription and contacting us to delete your account.

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use policy
• Your payment method fails and is not resolved within the collection period
• We are required to do so by law or regulatory order
• We reasonably believe your account has been compromised

Upon termination, your right to use the Service ceases immediately. However, the following survive termination:

• Your ownership of Your Game Content (Section 5.1)
• Your right to continue using and distributing games you exported before termination
• Sections 5.4, 5.5, 9, 10, 11, 13, and 14 of these Terms

We will make your project data available for export for 30 days following termination. After 30 days, we may delete your data from our systems in accordance with our Privacy Policy.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal claim, you agree to attempt to resolve disputes informally by contacting us at legal@exekite.com. We will attempt to resolve the dispute within 30 days.

13.2 Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by a recognized arbitration provider, rather than in court. The arbitration shall be conducted in English.

13.3 Class Action Waiver

YOU AND EXEKITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief in court for matters related to intellectual property rights or unauthorized access to the Service.

14. General Provisions

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

14.2 Entire Agreement

These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and Exekite regarding the Service, superseding any prior agreements.

14.3 Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

Exekite is not liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service outages.

15. Contact Us

If you have questions about these Terms, please contact us:

• Email: legal@exekite.com
• General inquiries: Contact page
• Legal entity: Exepad LLC (doing business as Exekite)
• Mailing address: 30 N Gould St, Ste N, Sheridan, WY 82801, United States