Updated on:

October 9, 2025

Terms of Service

These Terms of Use (this "Agreement" or “Terms”) are a binding contract between you or the entity you represent ("Customer," "you," or "your") and Gamebeast, Inc. ("Gamebeast," "we," “our” or "us"). This Agreement governs your access to and use of our software-as-a-service offerings, our website(s) (including gamebeast.gg and all subdomains), and related services (collectively, “Services”). 

THIS AGREEMENT TAKES EFFECT AT THE EARLIEST OF WHEN YOU CLICK THE "I ACCEPT" BUTTON BELOW, OR EXECUTE AN ORDER THAT INCORPORATES THIS AGREEMENT BY REFERENCE, OR ACCESS OR USE THE SERVICES (the "Effective Date"). BY CLICKING ON THE "I ACCEPT” BUTTON BELOW,OR EXECUTING AN ORDER THAT INCORPORATES THIS AGREEMENT BY REFERENCE, OR ACCESSING OR USING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND IF ENTERING INTO THIS AGREEMENT FOR AN ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY; AND (C) ACCEPT THIS AGREEMENT ON YOUR BEHALF OR ON BEHALF OF THE ENTITY YOU REPRESENT IF YOU ARE ENTERING INTO THIS AGREEMENT FOR AN ENTITY AND AGREE THAT YOU OR SUCH ENTITY, AS APPLICABLE, ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE SELECT THE "I DECLINE" BUTTON BELOW. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

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  1. Definitions.
  1. "Aggregated Statistics" means data and information related to Customer's use of the Services and Customer’s end-users use of and interaction with Customer’s Experiences, that is collected by Gamebeast’s proprietary technology and used by Gamebeast in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services, to improve and expand upon Gamebeast’s Services, including the training and improvement of Gamebeast’s AI technology, and for other proprietary or commercial purposes as determined by Gamebeast.
  1. “AI Feature" means any feature, functionality, or component of the Services that incorporates, uses, depends on, or employs any AI technology.
  2. “AI Output" means information, data, materials, text, images, code, works, expressions, or other content or analysis generated or otherwise output from an AI Feature in response to Customer Data or from use of an AI Feature by or on behalf of Customer or its Authorized Users. 
  3. “API" means any application programming interface made available by Gamebeast in connection with the Services, or otherwise necessary to use, integrate, or interoperate with the Services.
  4. "Authorized User" means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement.
  5. “Customer Data" means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services.
  6. "Documentation" means all user manuals, instructions, guides, model cards, and other specifications and technical materials, in any form or media, relating to the Services and provided or made available by Gamebeast to Customer.
  7. “Experience(s)” means Customer’s Roblox games, or other end-user simulations utilizing the Roblox platform. 
  8. “Gamebeast Entities” means Gamebeast and its respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, assigns, and independent contractors.
  9. “Gamebeast IP" means the Services (including the SDK), and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing. For the avoidance of doubt, Gamebeast IP includes Aggregated Statistics and any information, data, or other content derived from our monitoring of Customer's access to or use of the Services. Gamebeast IP includes all modifications, enhancements, refinements, adaptations, customizations, improvements, and derivative works of the Services.
  10. "Order" means an ordering document or online order entered into between Customer and Gamebeast that references this Agreement and describes the Services you are subscribing to.
  11. “Process" means to take any action or perform any operation or set of operations on any data, information, material, work, expression, or other content, including to (a) collect, receive, input, upload, download, record, reproduce, store, organize, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate, or make other improvements or derivative works, (b) process, weigh, perform statistical analysis, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose, or otherwise provide or make available, or (c) block, erase, or destroy. "Processing" and "Processed" have correlative meanings.
  12.   “SDK” means the Software Development Kit which includes the APIs and supporting code within Customer’s Experience(s). 
  13. “Subscription” means the Services you choose to subscribe to based on your subscription tier.
  1. Access and Use of the Services.
    1. Provision of Access. When you create an account with us, Gamebeast shall provide you and Authorized Users access via API to the Services, which differ depending on your Subscription. Gamebeast shall, as part of the Services, provide Customer the access credentials (or ability to create access credentials), to enable Customer and its Authorized Users to access and use the Services you are subscribed to in accordance with this Agreement. 
    2. Access and License Grant. Gamebeast hereby grants to Customer during the Term, a non-exclusive and non-transferable:
  1. Right to access and use the Services for Customer's personal or business purposes (as applicable), including, for receiving AI Output from the AI Features (if included in your Subscription) and otherwise Processing Customer Data.
  2. Right and license to generate, print, copy, upload, download, store, and otherwise Process all audio, visual, digital, and other output, displays, data, and content as may result from any access to or use of the Services.
  3. Right and license to access and use the SDK (including the APIs).
  4. Right and license to prepare, reproduce, print, download, and use the Documentation during the Term as may be necessary or useful for any use of the Services under this Agreement.
  1. Use Restrictions. Except as otherwise permitted under this Agreement, Customer shall not and shall not permit any Authorized Users to: (a) modify or create derivative works of the Services, in whole or in part; (b) rent, lease, lend, sell, license, sublicense, distribute, publish, assign, or otherwise transfer the Services, including but not limited to, the APIs and SDK; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (d) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (e) combine or integrate the SDK, including the API, with any software, technology, services, or materials not authorized by Gamebeast; (f) attempt to cloak or conceal Customer’s identity or the identity of the Experience(s) when requesting authorization to use the API; (g) attempt to modify or otherwise circumvent the SDK; or (h) remove any proprietary notices from the Services.
  2. Reservation of Rights. Gamebeast reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Gamebeast IP.
  3. Suspension. Notwithstanding anything to the contrary in this Agreement, Gamebeast may temporarily suspend Customer's and any Authorized User's access to any portion or all of the Services if: (i) Gamebeast reasonably determines that (A) there is a threat or attack on any of the Gamebeast IP; (B) Customer's or any Authorized User's use of the Gamebeast IP disrupts or poses a security risk to the Gamebeast IP or to any other customer or vendor of Gamebeast; (C) Customer, or any Authorized User, is using the Gamebeast IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Gamebeast's provision of the Services to Customer or any Authorized User is prohibited by applicable law; (ii) any vendor of Gamebeast has suspended or terminated Gamebeast's access to or use of any third-party services, products or components required to enable Customer to access the Services; or (iii) Customer fails to pay the applicable Subscription fee when due (any such suspension described in this subclause (i), (ii), or (iii), a “Service Suspension”). Gamebeast shall use reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. Gamebeast shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Gamebeast will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension. 
  4. Additional Terms. Certain uses of the Services may be subject to additional limitations, restrictions, terms and/or conditions specific to such use (“Additional Terms”) set forth in a separate agreement between you and us. In such cases, the applicable Additional Terms will be made available to you and your access to and use of the Services will be contingent upon your acceptance of and compliance with such Additional Terms.
  1. Customer Responsibilities.

(a) Account Use. You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether that access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of this Agreement's provisions as applicable to such Authorized User's use of the Services and shall cause Authorized Users to comply with such provisions.   

  1. Use of AI Output. You are solely responsible for (i) evaluating (including by human review) AI Output for accuracy, completeness, and other factors relevant to your use before using, distributing, or relying on the AI Output and (ii) your decisions, actions, and omissions in reliance or based on the AI Output. 
  2. Passwords and Access Credentials. You are responsible for keeping your API key, passwords and/or access credentials associated with the Services confidential. You shall not sell or transfer them to any other person or entity. You shall promptly notify us about any unauthorized access to your API key, passwords or access credentials.
  3. Privacy Notices to End-Users. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of your Experiences and the rights granted to us hereunder.
  1. Subscriptions.
    1. Tiers. We offer a free version of the Services with limited features and usage allowances for a “Free Account” which is free of charge to you, unless you exceed your usage allowance and then you will be charged the associated overage fees. To access certain features of Gamebeast’s Services and increased usage of features you must pay a Subscription fee for a “Paid Account”.
    2. Registration. Whether you are signing up for a Free Account or a Paid Account you must complete an account registration. By completing the registration process for the Subscription tier of your choice, and submitting any associated Order (if applicable) you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this Agreement.  You agree to provide us with accurate and complete registration information and to promptly notify us in the event of any changes to any such information. 
    3. Payment of Subscription Fees. All payments of Subscription fees are non-refundable. You may pay for your Subscription fees via our third-party payment processor by credit card, debit card or any other payment method specified at the time of purchase of your Subscription for a Paid Account. Upon processing your Subscription fee you will receive an email notification that your Subscription has been activated. We reserve the right to revise our fees, including by increasing or adding new fees, at any time on thirty (30) days’ notice. Such notice may be sent to you by email to your most recently provided email address or posted on our website(s) or by any other manner chosen by us in our commercially reasonable discretion. You will be deemed to have received any such notice that is posted on the website on the day it was posted. Your use of the Service after the thirty (30) day notice period constitutes your acceptance of the new or revised fees. If you do not agree to the revised fees, you may cancel your Subscription. 
    4. AUTO RENEWAL. IMPORTANT NOTICE ON AUTO-RENEWAL: DEPENDING ON THE BILLING OPTION YOU CHOOSE WHEN YOU REGISTER FOR YOUR SUBSCRIPTION, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON EACH MONTHLY OR YEARLY ANNIVERSARY OF THAT DATE THAT WE CHARGE YOUR OFFERED METHOD OF PAYMENT FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, WE WILL CHARGE YOUR OFFERED METHOD OF PAYMENT WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE). EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE MONTH OR ONE YEAR, DEPENDING ON THE BILLING OPTION YOU CHOOSE. YOU MAY CANCEL OR DOWNGRADE YOUR SUBSCRIPTION AT ANY TIME FROM WITHIN THE SERVICE OR BY CONTACTING US AT SUPPORT@GAMEBEAST.GG. IF YOU DOWNGRADE OR CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR CURRENT SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION PERIOD FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL DOWNGRADE OR EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD. 
    5. Payments and No Refund Policy.  You agree to pay all applicable fees related to your Subscription. We may suspend or terminate your account and/or access to the Service if your payment is late and/or your offered payment method (e.g. credit card or debit card) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees, including usage overage fees, on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular Subscription and utilized Services (including any overage fees). We understand that you might cancel your account, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due on the account. To make things less complicated, you agree that we may charge any unpaid fees to your provided payment method.   
    6. Support. This Agreement does not entitle Customer to any support for the Services.
    7. Consent to receive email. We may send you transactional messages related to our Services. We may send marketing communications to users and you may unsubscribe from any such communications at any time by clicking the “unsubscribe” link found within our emails or by emailing us at support@gamebeast.gg. Please note that you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.
  2. Intellectual Property Ownership. 
    1. Gamebeast IP. Gamebeast is and will remain the sole and exclusive owner of all right, title, and interest in and to the Gamebeast IP, including all intellectual property rights therein.
    2. Customer Data. Gamebeast acknowledges that, as between Gamebeast and Customer, Customer owns its Customer Data, subject to the license granted to the Gamebeast Entities herein. Customer hereby grants (i) Gamebeast a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and Process the Customer Data as may be necessary for Gamebeast to provide the Services to Customer and (ii) the Gamebeast Entities a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sublicensable (indirectly and directly through multiple tiers), transferable, royalty-free and fully paid up license to reproduce, distribute, publish, modify, create derivative works of and otherwise use and display Customer Data to train, develop, adapt, modify, enhance, or improve the Services and AI Features and other products or services of the Gamebeast Entities. 
    3. Aggregated Statistics. Gamebeast may monitor Customer's use of the Services and collect and compile Aggregated Statistics. As between Gamebeast and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Gamebeast. Customer acknowledges that Gamebeast may compile Aggregated Statistics based on Customer Data input into the Services. Customer agrees that Gamebeast may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify Customer.
    4. Feedback. If Customer or any of its Authorized Users sends or transmits any communications or materials to Gamebeast by mail, email, telephone, or otherwise, suggesting or recommending changes to the Gamebeast IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Gamebeast is free to use such Feedback. Customer hereby assigns to Gamebeast on Customer's behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Gamebeast is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Gamebeast is not required to use any Feedback.    
    5. Surviving Rights. For the purposes of clarity, it is the parties’ intention that, the following rights granted hereunder shall survive the termination of Customer’s Subscription: (i) Customer shall be able to retain and use the resulting data and analysis generated by the Services, including, if applicable, the AI Output, for its personal or business purposes (as applicable) and (ii) the Gamebeast Entities shall retain the perpetual licenses to the Customer Data (including Customer’s end-user data) granted pursuant to Section 5. 
  3. Privacy Policy. Provider complies with its privacy policy, available at https://www.gamebeast.gg/support/privacy-policy ("Privacy Policy"), in providing the Services. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
  4. Indemnification.  You shall indemnify, release and hold harmless the Gamebeast Entities and each of our respective officers, directors, employees and agents, from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by any third party due to or arising out of your access to the website(s) and/or the Services, in violation of this Agreement, or infringement of any intellectual property or other right of any person or entity. If you are a California resident, you waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
  5. WARRANTY DISCLAIMER. THE SERVICES ARE PROVIDED "AS IS" AND GAMEBEAST HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GAMEBEAST SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. GAMEBEAST MAKES NO WARRANTY OF ANY KIND THAT THE GAMEBEAST IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. 

YOU ACKNOWLEDGE THAT, GIVEN THE NATURE OF THE SERVICES AND AI TECHNOLOGY, THE AI OUTPUT (I) MAY BE INACCURATE, (II) MAY BE THE SAME AS OR SIMILAR TO AI OUTPUT THE SERVICES GENERATE FOR OTHER USERS, (III) MAY NOT QUALIFY FOR INTELLECTUAL PROPERTY PROTECTION.

  1. Limitations of Liability. IN NO EVENT WILL GAMEBEAST BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR USE OF OUR WEBSITE(S) OR ANY SERVICES PROVIDED BY US, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GAMEBEAST’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO GAMEBEAST BY CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS GREATER. CERTAIN STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. 

IF YOU ARE A CUSTOMER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTY DISCLAIMERS” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

  1. Right to Terminate License to Services. Certain violations of these Terms, as determined by us, may require immediate termination of your Account and your access to the Service without prior notice to you. We may also terminate this Agreement at any time upon thirty (30) days’ notice. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us with respect to the subject matter herein and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between us about the Service. The proprietary rights, license to your Customer Data, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.  
  2. DMCA/Copyright Policy. We respect copyright law and expect our customers to do the same. It is our policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please reach out to us at support@gamebeast.gg if you believe one of our customers has infringed a copyrighted work.
  3. Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify these Terms. You will be notified of modifications through notifications or posts on our applicable website(s) or direct email communication from us. You will be responsible for reviewing and becoming familiar with any such modifications. 
  4. Governing Law. You agree that: (i) the Service shall be deemed solely based in Seattle, WA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Seattle, WA. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of Delaware including its statutes of limitations without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in King County, Washington for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that King County, Washington is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
  5. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. For any dispute with Gamebeast, you agree to first contact us at support@gamebeast.gg and attempt to resolve the dispute with us informally. In the unlikely event that Gamebeast has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Seattle, Washington, unless you and Gamebeast agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, our reasonable attorney’s fees, and our reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Gamebeast from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
  6. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GAMEBEAST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
  7. CONTACT US. If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at 8503 Westlake Avenue N., Floor 3, Seattle, WA 98109 mailto:support@gamebeast.gg.

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