Terms of Service

Welcome to Beemi! These Terms of Service ("Terms") constitute a legally binding agreement between you and Qene Games Inc ("Beemi," "we," "our," or "us") governing your access to and use of our services. Please read these Terms carefully before using our platform.

1. Introduction and Definitions

Beemi operates a three-platform architecture:

• Mobile App: Allows Players to discover, play games, and integrate with livestreaming platforms (TikTok, YouTube, Twitch).
• Studio Dashboard: Enables Creators to design games using AI-assisted tools, manage projects, collaborate with teams, and publish games.
• Backend Services: Provides multiplayer infrastructure, analytics, cloud storage, and hosting for all games and user data.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you represent that your legal guardian has reviewed and agreed to these Terms on your behalf.

2.2 Account Types

• Player Accounts: Created through the Mobile App using Google, Apple, or Facebook authentication. Enables game playing, profile management, and social features.
• Creator Accounts: Created through the Studio Dashboard using Google authentication. Provides access to game creation tools, team collaboration, and publishing capabilities.
• Unified Accounts: The same email can be used across both platforms, creating a unified Beemi account with different roles.

2.3 Account Responsibilities

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Immediately notify us of any unauthorized access or security breach
• Be responsible for all activities that occur under your account
• Not share your account with others or allow others to access your account

3. Description of Services

3.1 Mobile App Features

• Browse and search game catalog organized by categories
• Play single-player and multiplayer games
• Connect to livestreaming platforms (TikTok Live, YouTube Live, Twitch)
• Real-time interaction with livestream chat, gifts, and likes
• Join multiplayer game rooms via codes or quick-match
• Profile management and gameplay history
• In-app purchases and subscription management

3.2 Studio Dashboard Features

• AI-assisted game creation using large language models
• Visual game editor with live preview
• Code editor with syntax highlighting and error detection
• Asset management and image upload capabilities
• Version control and rollback functionality
• Team collaboration with role-based permissions
• Publishing pipeline for deploying games to production
• Analytics dashboard for game performance metrics
• CLI tool for advanced workflows

3.3 Backend Services

• Cloud hosting for games and user data
• Multiplayer infrastructure with room management
• CRDT (Conflict-Free Replicated Data Types) for shared game state
• Real-time WebSocket connections for game communication
• Analytics and usage tracking
• Authentication and authorization services
• CDN delivery for fast game loading

4. User Content and Intellectual Property Rights

4.1 Ownership of Created Games (Studio Creators)

You retain full copyright ownership of original games, code, assets, and content you create using the Studio Dashboard. We do not claim ownership of your creative work.

4.2 License Grant to Beemi

By publishing a game through the Studio, you grant Beemi a non-exclusive, worldwide, royalty-free, sublicensable license to:

• Host and store your game on our servers
• Distribute your game through the Mobile App
• Display your game in our catalog and promotional materials
• Allow Players to access and play your game
• Create backups and derivative works necessary for service operation
• Analyze usage data to improve the platform

This license continues for as long as your game is published on our platform and terminates when you unpublish the game, subject to reasonable backup retention periods.

4.3 In-Game User Interactions

For content generated during gameplay (chat messages, multiplayer interactions, user-generated levels within games), you grant Beemi a limited license to process, store temporarily, and transmit such content solely for the purpose of game operation. This content is not permanently stored beyond the game session except as necessary for game functionality.

4.4 AI-Generated Content

4.5 Content Warranties

You represent and warrant that:

• You own or have obtained all necessary rights, licenses, and permissions for your User Content
• Your User Content does not violate any third-party intellectual property rights
• Your User Content complies with all applicable laws and regulations
• Your User Content does not contain malicious code, viruses, or harmful components

4.6 Beemi's Intellectual Property

All rights, title, and interest in and to the Service, including the Beemi SDK, platform code, trademarks, logos, and proprietary technology, remain the exclusive property of Beemi (Qene Games Inc). You may not:

• Copy, modify, or create derivative works of the Beemi platform
• Reverse engineer, decompile, or disassemble our software
• Use our trademarks without prior written permission
• Remove or alter any proprietary notices

5. Subscriptions, Billing, and Payments

5.1 Service Tiers

Free Tier:

• Access to basic game playing features
• Limited game creation capabilities in Studio
• Community support

Premium Tier ($25/month):

• Unlimited game creation and publishing
• Advanced AI features
• Priority support
• Extended analytics and insights
• Team collaboration features
• Increased storage limits

5.2 Billing and Payment

• Subscriptions are billed through Apple's App Store or Google Play Store
• Payments are processed by Apple/Google, not directly by Beemi
• Subscriptions automatically renew unless canceled at least 24 hours before the renewal date
• Cancellation must be done through your App Store or Play Store account settings
• You are responsible for all charges incurred under your account

5.3 Refund Policy

All sales are final. We do not provide refunds or credits for partial subscription periods, except as required by applicable law or the policies of Apple/Google. For refund requests, please contact Apple App Store or Google Play Store support directly, as they control the payment processing.

5.4 Price Changes

We reserve the right to modify subscription pricing with 30 days' advance notice. Existing subscribers will be notified via email and in-app notification. Price changes will take effect at your next renewal date.

6. Third-Party Integrations and Streaming Platforms

6.1 Streaming Platform Connections

The Mobile App allows you to connect to third-party livestreaming platforms. You acknowledge that:

• You are solely responsible for complying with each platform's terms of service
• Beemi does not control, monitor, or moderate content on third-party platforms
• We collect only the minimum necessary data (usernames, public URLs) to enable integration
• We do not capture, store, or transmit video or audio from your livestreams
• Each platform's data handling is governed by their own privacy policies
• We are not responsible for any suspension, termination, or restriction imposed by third-party platforms

6.2 Data Sharing with Third Parties

When you connect to a streaming platform:

• Chat messages, gifts, and likes are relayed to games in real-time
• Data is processed locally on your device and not stored on our servers
• We may transmit minimal metadata (viewer counts, interaction events) to enable game functionality
• See our Privacy Policy for detailed information about data sharing

6.3 Third-Party Service Providers

We use various third-party services to operate the platform, including:

• Google Cloud Platform (hosting and storage)
• Firebase (authentication and analytics)
• Amplitude (analytics)
• Agora (livestream technology)
• OpenAI/Anthropic (AI game generation for Studio)

Each service provider has their own terms and privacy policies. We are not responsible for their practices or services.

7. Multiplayer Features and User Conduct

7.1 Multiplayer Functionality

The Service provides multiplayer capabilities including:

• Room creation with shareable join codes
• Real-time player communication via WebSocket
• Shared game state using CRDT technology
• Leadership election for session hosts
• Public and private room options

7.2 Community Standards

When participating in multiplayer games, you agree not to:

• Harass, bully, threaten, or abuse other players
• Use offensive, discriminatory, or hateful language
• Impersonate others or misrepresent your identity
• Spam, flood, or disrupt gameplay
• Cheat, exploit bugs, or use unauthorized modifications
• Share inappropriate or harmful content
• Violate any applicable laws or regulations

7.3 Content Moderation

7.4 Reporting Mechanism

You can report inappropriate behavior or content to support@beemi.app. We will investigate reports and may take action including warnings, temporary suspension, or permanent account termination.

7.5 Room Host Responsibilities

If you create a multiplayer room, you are encouraged to:

• Set clear expectations for behavior
• Remove disruptive players when necessary
• Report serious violations to Beemi

8. Developer Responsibilities (Studio Creators)

8.1 Game Content Guidelines

Creators must ensure their published games do not contain:

• Graphic violence, gore, or disturbing imagery
• Hate speech, discrimination, or harassment
• Sexually explicit or pornographic content
• Content promoting illegal activities
• Malicious code, viruses, or exploits
• Unauthorized use of third-party intellectual property
• Misleading or deceptive content
• Content targeting children inappropriately

8.2 Testing Requirements

Before publishing, Creators must:

• Test games thoroughly for functionality and bugs
• Verify compatibility with the Mobile App
• Ensure games follow SDK best practices
• Review all AI-generated code for accuracy
• Verify compliance with content guidelines

8.3 Creator Liability

Creators are solely responsible for:

• The content, functionality, and quality of their games
• Ensuring games comply with all applicable laws
• Obtaining necessary licenses for third-party assets
• Player experiences and any issues arising from their games
• Responding to player feedback and bug reports

8.4 Beemi's Role

Beemi acts as a hosting platform and marketplace. We:

• Provide tools for game creation
• Host and distribute games
• May perform technical (not content) review before publication
• Reserve the right to remove games that violate these Terms
• Do not endorse or warranty Creator content

8.5 Game Removal

We may remove games that:

• Violate these Terms or our Acceptable Use Policy
• Receive multiple user complaints
• Contain malicious code or security vulnerabilities
• Infringe third-party rights

For non-violation removals, we will provide 30 days' notice when possible.

9. Data Privacy and Security

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.1 GDPR Rights Summary (EU Users)

If you are located in the European Union, you have the following rights:

• Right to Access: Request a copy of your personal data
• Right to Rectification: Correct inaccurate or incomplete data
• Right to Erasure: Request deletion of your data
• Right to Data Portability: Export your data in a structured format
• Right to Restrict Processing: Limit how we process your data
• Right to Object: Object to certain data processing activities
• Right to Withdraw Consent: Withdraw consent for marketing communications

To exercise these rights, contact us at dpo@qenetech.com.

9.2 Data Breach Notification

In the event of a data breach affecting your personal information, we will notify you and relevant authorities as required by applicable law, typically within 72 hours of discovery.

10. Prohibited Conduct and Acceptable Use

In addition to specific restrictions mentioned throughout these Terms, you agree not to:

10.1 System Abuse

• Attempt unauthorized access to our systems or networks
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Overload or stress-test our infrastructure
• Circumvent security measures or access controls

10.2 Misuse of Features

• Create fake accounts or impersonate others
• Manipulate analytics or game metrics
• Exploit bugs or vulnerabilities for advantage
• Share account credentials or sell accounts
• Use the Service for any illegal purpose

10.3 Content Violations

• Upload viruses, malware, or harmful code
• Infringe intellectual property rights
• Distribute spam or unsolicited communications
• Engage in phishing or fraudulent activities

For detailed guidelines, see our Acceptable Use Policy.

11. Disclaimers and Limitations of Warranties

11.1 "AS IS" Provision

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, BEEMI DISCLAIMS ALL WARRANTIES, INCLUDING:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the results of using the Service

11.2 Service Availability

We do not guarantee continuous, uninterrupted, or secure access to the Service. The Service may be subject to:

• Scheduled and emergency maintenance
• Technical failures or outages
• Network or connectivity issues
• Third-party service disruptions

11.3 Third-Party Services

We are not responsible for:

• Content, practices, or availability of third-party platforms
• Actions or omissions of streaming platforms
• Third-party service provider failures
• AI model outputs or accuracy

11.4 User-Generated Content

We do not endorse, support, or guarantee the accuracy, quality, or safety of User Content, including games created by Creators. Use of games and interaction with other users is at your own risk.

11.5 AI-Generated Content Disclaimer

AI-generated code and suggestions are provided as development assistance tools only. We make no warranties regarding:

• Accuracy or correctness of generated code
• Fitness for any particular purpose
• Absence of bugs or errors
• Compliance with any standards or regulations
• Non-infringement of third-party rights

12. Limitation of Liability

12.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEEMI (QENE GAMES INC), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, consequential, special, punitive, or exemplary damages
• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Cost of substitute services
• Personal injury or property damage

ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE LESSER OF:

• The total amount you paid to Beemi in the three (3) months preceding the claim, or
• One hundred US dollars ($100.00)

12.3 Platform-Specific Limitations

• Mobile App: Not liable for device compatibility issues, data usage charges, or interaction with other apps
• Studio Dashboard: Not liable for loss of unsaved work, project data, or development time
• Multiplayer: Not liable for user interactions, room disruptions, or loss of game progress

12.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Beemi (Qene Games Inc), its officers, directors, employees, agents, affiliates, licensors, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

13.1 General Indemnification

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Your interactions with other users

13.2 Creator-Specific Indemnification

If you are a Creator, you additionally agree to indemnify us for:

• Games you create and publish through the Studio
• Content you upload or include in your games
• Player experiences with your games
• Claims that your games violate third-party rights
• Malicious code or security vulnerabilities in your games

13.3 Defense Rights

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

14. Termination and Account Suspension

14.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in App or Studio settings
• Contacting support@beemi.app
• Uninstalling the Mobile App (for Player accounts)

Upon termination, your access to the Service will cease immediately.

14.2 Termination by Beemi

We reserve the right to suspend or terminate your account immediately and without prior notice if:

• You violate these Terms or any applicable policies
• You engage in fraudulent or illegal activities
• Your account poses a security risk
• You have not accessed your account for 24 months (dormant account)
• We are required to do so by law
• We discontinue the Service (with 30 days' notice when feasible)

14.3 Effects of Termination

Upon termination of your account:

• Your license to use the Service ends immediately
• You lose access to all content and data in your account
• For Creators: Published games may be removed after reasonable transition period
• No refunds will be provided for unused subscription time
• Sections that by their nature should survive termination will remain in effect

14.4 Data Retention After Termination

After account deletion:

• Personal data will be deleted within 90 days, subject to backup retention
• Aggregated, anonymized data may be retained indefinitely
• Data necessary for legal compliance will be retained as required
• You may request immediate data deletion by contacting dpo@qenetech.com

14.5 Survival

The following sections survive termination: Intellectual Property Rights, Indemnification, Limitation of Liability, Dispute Resolution, and General Provisions.

15. Dispute Resolution and Governing Law

15.1 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 law principles.

15.2 Binding Arbitration (US Users)

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or if the parties cannot agree, appointed by the AAA.

Arbitration Terms:

• Arbitration will be conducted in English
• Location: Delaware or via video conference
• The arbitrator's decision is final and binding
• Judgment on the award may be entered in any court of competent jurisdiction
• Each party bears their own costs unless awarded by the arbitrator

15.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY FORM OF REPRESENTATIVE ACTION.

15.4 Small Claims Court Exception

Either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court.

15.5 EU Users - Optional Arbitration

If you are located in the European Union:

• Arbitration is optional, not mandatory
• You retain the right to bring disputes in your local courts
• You may file complaints with your local data protection authority
• Nothing in these Terms affects your statutory consumer rights

15.6 Injunctive Relief

Either party may seek injunctive relief in court to prevent irreparable harm, including protection of intellectual property rights.

16. Platform-Specific Terms

16.1 iOS App Store Terms

If you access the Mobile App through Apple's App Store, you acknowledge and agree that:

• These Terms are between you and Beemi, not Apple
• Apple has no obligation to provide support or maintenance
• Apple is not responsible for the App or its content
• Apple is not liable for claims related to the App
• Apple's Standard EULA applies in addition to these Terms
• Apple and its subsidiaries are third-party beneficiaries of these Terms

16.2 Google Play Store Terms

If you access the Mobile App through Google Play:

• You must comply with Google Play's Terms of Service
• Subscription billing is handled by Google
• Refunds must be requested through Google Play

16.3 Web Browser Terms (Studio)

When accessing the Studio Dashboard:

• We support modern browsers (Chrome, Firefox, Safari, Edge)
• You are responsible for maintaining compatible browser versions
• We may use cookies and local storage (see our Cookie Policy)

17. Changes to Terms of Service

17.1 Notification of Changes

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Effective Date" and "Version" at the top of this document
• Send an email notification to your registered email address
• Display a prominent notice in the Mobile App and Studio Dashboard
• Provide 30 days' advance notice before the changes take effect

17.2 Acceptance of Changes

Your continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may delete your account.

17.3 Previous Versions

Previous versions of these Terms are available upon request by contacting legal@qenetech.com.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, and any platform-specific supplements, constitute the entire agreement between you and Beemi regarding the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Beemi.

18.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, government restrictions, or network failures.

18.6 No Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Beemi.

18.7 Notices

Legal notices to Beemi must be sent to:

We will send notices to you at the email address associated with your account.

18.8 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

19. Contact Information