mindblown
1. Introduction
These Terms of Service ("Terms") govern your use of Mindblown AI, a service operated by Snark AI, Inc. ("we," "us," or "our") that creates playable games from the prompts you write. Mindblown AI is available through the Mindblown AI app and through messaging apps (together, the "Service").
By using the Service you agree to these Terms, our Privacy Policy, and our Community Guidelines , which are part of these Terms. If you do not agree, do not use the Service.
2. Who May Use the Service
You must be at least 13 years old to use the Service, or older if the law where you live sets a higher minimum age for using online services without parental consent. If you are under 18, you confirm that a parent or guardian has reviewed and agreed to these Terms on your behalf.
You may not use the Service if you are barred from doing so under applicable law or if we have previously suspended or terminated your account.
3. Your Account
Along with in-app messaging on your Mindblown AI Account, you use the Service by messaging our bot from your own account on a messaging app, currently Telegram. We identify you by the account identifier that app provides and link it to your Mindblown AI Account, so the games you create through the bot are saved there. Your relationship with the messaging app, including the security of that account, is governed by its terms, not ours.
You are responsible for activity under your Mindblown AI Account, including activity that reaches it from a linked messaging account, and including if someone else gains access to either. Keep your sign-in details confidential and do not let others use your Account. If you believe either account has been compromised, contact us at support@mindblown.ai so we can protect your Mindblown AI data.
We may suspend or terminate your Account if the information you gave us is inaccurate, if you breach these Terms, or as described in Section 12.
4. Your Content
4.1 Definitions
"Prompts" means the text and instructions you send to the Service to create or change a game.
"Generated Content" means the games, code, artwork, audio, and other material the Service produces in response to your Prompts.
"Your Content" means your Prompts, your Generated Content, and anything else you upload, publish, or post through the Service, including titles, descriptions, and comments.
4.2 You own Your Content
As between you and Snark AI, Inc., you own Your Content. Snark AI, Inc. does not claim ownership of the games you create through the Service.
4.3 What ownership does not mean
You understand and agree that:
(a) Generated Content is produced by artificial intelligence. Whether and to what extent such output is protected by copyright is unsettled and varies by country. We make no representation that you hold or can obtain copyright in Generated Content.
(b) Other users may submit similar Prompts and receive similar or identical output. Generated Content is not exclusive to you.
(c) Generated Content may unintentionally resemble existing works, characters, brands, or other protected material. We do not review Generated Content for infringement and do not warrant that it is free of third-party rights.
(d) Your right to use Generated Content for commercial purposes depends on your plan, as described in Section 6.
4.4 You are responsible for Your Content
You are solely responsible for Your Content, including its legality and its effect on the rights of others. You represent and warrant that:
(a) you have all rights needed to submit Your Content and grant the licence in Section 4.5;
(b) Your Content, and your use of it, does not infringe or misappropriate the copyright, trademark, trade secret, publicity, privacy, or other rights of any person;
(c) Your Content complies with our Community Guidelines and applicable law.
4.5 Licence to Snark AI, Inc.
You grant Snark AI, Inc a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, modify for technical purposes, publicly display, publicly perform, and distribute Your Content, solely to operate, promote, and improve the Service. For games you publish, this licence also allows other users to play them, and remix them through the Service.
This licence ends when you delete or unpublish the relevant Content, except for copies in routine backups (which we keep for up to 30 days), copies other users have already made or remixed, and copies we must retain to comply with law or enforce these Terms.
We may use de-identified Prompts, Generated Content, and Usage Data to improve how the Service interprets instructions and to develop, train, and improve our artificial intelligence models, products, and technology, as described in our Privacy Policy.
4.6 Feedback
If you send us suggestions or feedback about the Service, we may use them without obligation to you.
4.7 Remixing
When you publish a game, you grant every other user of the Service a non-exclusive, royalty-free licence to play it and to remix it, meaning to create and publish their own modified version of it through the Service. Remixing is enabled for all published games.
If you remix another user's game, you own the changes you make, and you are responsible for the remix as Your Content under Section 4.4. The original creator keeps their rights in the original, and your remix does not give you any rights in it beyond this licence. You may not remove attribution to the original game or its creator where the Service displays it.
Unpublishing or deleting your game does not affect remixes others have already created.
5. Published Games and Our Role as a Platform
5.1 Published games are public
All games you publish are public at this time. Anyone can find and play them, including people who do not use the Service, and your username may appear alongside them. You can unpublish a game at any time, but copies others have made may remain.
5.2 We host, we do not author
Games published on the Service are created by users. We do not review, endorse, or verify them before publication. We act as a provider of hosting services for user-published content and are not the author or publisher of any user's game.
5.3 We may remove content
We may, but are not obliged to, monitor, review, restrict, remove, or refuse to host any content at any time, with or without notice, where we believe in good faith that it violates these Terms, our Community Guidelines, or the law, or may harm users, third parties, or Snark AI, Inc.
5.4 Games are not vetted products
User-published games may contain errors and may not work as described. Games may use limited information the Service provides about players, such as usernames and scores. Snark AI, Inc. is not responsible for any user-published game's behaviour, quality, safety, or legal compliance. If you publish a game, you are responsible for it, including for complying with privacy and consumer law toward the people who play it.
6. Plans, Payments, and Commercial Use
6.1 Free and paid plans
The Service may offer free and paid plans, and may sell credits for generation. Features, limits, and prices are described in the Service and may change. We will give you advance notice of price changes that affect an existing subscription; if you do not agree, you may cancel before the change takes effect.
6.2 Commercial use of Generated Content
Users on a free plan may use Generated Content for personal, non-commercial purposes only. Users on a paid plan may use their Generated Content for commercial purposes, subject to Section 4.3 and to any third-party rights in it.
6.3 Subscriptions
Paid subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time, and cancellation takes effect at the end of the current billing period. Fees are non-refundable except where the law requires otherwise. If a payment fails, we may suspend or cancel your subscription.
6.4 Payment processing
Payments are processed by a third-party provider. Their terms apply to the payment itself. We do not store your full card details.
7. Acceptable Use
You must not:
(a) use the Service to create, publish, or distribute content prohibited by our Community Guidelines, including sexual content, graphic violence, content that sexualises or endangers minors, harassment, hate, content that promotes self-harm or illegal activity, or content that infringes the rights of others.
(b) attempt to bypass our safety systems, content filters, or plan limits;
(c) reverse engineer, scrape, or extract data from the Service, or use automated means to access it beyond what our published interfaces allow;
(d) use the Service to build a competing product or to train AI models;
(e) interfere with the Service or any other user's use of it, or introduce malware or harmful code;
(f) publish a game that collects any information about the people who play it beyond what the Service itself provides, such as their username and gameplay information like scores and time played. Your game must not ask players for personal information, collect it from their device, or send any player information outside the Service;
(g) publish a game that deceives, defrauds, or manipulates players, including through gambling or simulated gambling mechanics;
(h) impersonate any person or organisation, or misrepresent your affiliation;
(i) use the Service in violation of any applicable law, including export control and sanctions law.
8. Content Standards, Reporting, and Enforcement
8.1 Community Guidelines
All content created or published through the Service must comply with our Community Guidelines, which set the standard for what is acceptable on Mindblown AI. Games on the Service are intended for a general audience.
8.2 Automated and human review
We use automated systems to check Prompts and Generated Content against our Community Guidelines and the law. A request may be refused and published content may be removed on this basis. Our staff may review content that our systems flag or that users report.
8.3 Reporting content
Anyone, whether or not they have an account, may report content they believe violates our Community Guidelines, using the report function on each game or by emailing security@mindblown.ai . A report should identify the content, explain what is wrong with it, and provide a way to contact you. We review reports and take action where appropriate.
Reports of copyright infringement must follow the separate process in Section 9.
8.4 Enforcement
Where content or conduct violates these Terms or our Community Guidelines, we may remove or restrict access to the content, limit features, suspend or terminate the account, and where the law requires it, report the matter to authorities. We consider the seriousness of the violation and the user's history.
If you see content or conduct that violates these Terms or our Community Guidelines, use the Report button on the game or email security@mindblown.ai.
8.5 Appeals
If we remove your content or restrict your account, you may appeal by emailing security@mindblown.ai within 30 days. Someone not involved in the original decision will review the appeal.
9. Copyright Infringement and DMCA
9.1 Notices
We respect the intellectual property rights of others and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice to copyright@mindblown.ai.
Submitting a claim of copyright infringement is a serious legal matter. Under Section 512(f) of the Digital Millennium Copyright Act, anyone who knowingly and materially misrepresents that material is infringing may be liable for damages.
Please note that the information provided in this legal notice may be shared with third parties or made public.
9.2 Contents of a notice
To be effective, your notice must include:
(a) identification of the copyrighted work you claim has been infringed;
(b) identification of the material you claim is infringing, with information sufficient for us to locate it, such as the URL of the game;
(c) your mailing address, telephone number, and email address;
(d) a statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law;
(e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf;
(f) your physical or electronic signature.
9.3 Our response
On receipt of an effective notice, we will remove or disable access to the material and notify the user who published it.
9.4 Counter-notices
If your content was removed and you believe this was a mistake, you may send a counter-notice to the same address. It must include your signature, identification of the removed material and where it appeared, your name, address, and telephone number, and a statement under penalty of perjury that you believe in good faith the material was removed by mistake or misidentification. You must also consent to the jurisdiction of the federal court for your district, or if you are outside the United States, for any district in which we may be found, and agree to accept service of process from the person who sent the original notice.
If we receive a valid counter-notice, we may restore the material after 10 to 14 business days, unless the person who sent the original notice tells us they have filed a court action.
9.5 Repeat infringers
We will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe the copyrights of others.
9.6 Misuse
Knowingly submitting a false notice or counter-notice may result in liability for damages, including costs and legal fees.
10. Our Intellectual Property
Other than Your Content, the Service and everything in it, including software, models, designs, text, graphics, and trademarks, belongs to Snark AI, Inc. or its licensors and is protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. No other rights are granted.
11. Third-Party Services
Part of the Service runs inside third-party messaging apps, currently Telegram. Your use of a messaging app is governed by that app's terms, not ours.
Generating games relies on third-party AI model providers, and payments are handled by a third-party payment processor.
We are not responsible for third-party services, and a link from the Service to a third-party site is not an endorsement.
12. Suspension and Termination
You may stop using the Service at any time and may request deletion of your account as described in our Privacy Policy.
We may suspend or terminate your access to all or part of the Service at any time if you breach these Terms or our Community Guidelines, if required by law, if your account is inactive for an extended period, or if we discontinue the Service. Where reasonable, we will give you notice. On termination, your licence to use the Service ends, and we may delete Your Content, subject to our Privacy Policy. Sections 4.3, 4.4, 5.4, 13, 14, 15, and 17 survive termination.
13. Disclaimers
The Service is provided "as is" and "as available," with all faults. To the fullest extent permitted by law, Snark AI, Inc. disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment.
We do not warrant that the Service will be uninterrupted or error-free, that Generated Content will meet your expectations or be free of third-party rights, that user-published games will be safe or function correctly, or that any content on the Service is accurate.
You use the Service, and any game published by another user, at your own risk.
14. Limitation of Liability
To the fullest extent permitted by law, Snark AI, Inc. and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or related to the Service or these Terms, under any legal theory, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Snark AI, Inc.’s total liability to you for all claims arising out of or related to the Service or these Terms will not exceed the greater of the amount you paid us in the 6 months before the claim arose or one hundred US dollars (US$100).
Some jurisdictions do not allow certain limitations. In those jurisdictions, these limitations apply to the extent permitted by law.
15. Indemnity
You will defend, indemnify, and hold harmless Snark AI, Inc. and its officers, directors, employees, and agents from and against any claim, demand, loss, liability, or expense, including reasonable legal fees, arising out of or related to Your Content, your use of the Service, or your breach of these Terms or applicable law.
16. Changes to the Service and These Terms
We may change or discontinue features of the Service at any time. We may also revise these Terms. If a change is significant, we will use reasonable efforts to notify you before it takes effect. If you do not agree to the revised Terms, stop using the Service. Continued use after the effective date means you accept the revised Terms.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for any dispute arising out of these Terms or the Service, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property. Where the law of your country gives you mandatory consumer protections, nothing in this Section removes them.
18. General
If any provision of these Terms is found unenforceable, it will be limited to the minimum extent necessary and the rest of the Terms will remain in effect. These Terms, the Privacy Policy, and the Community Guidelines are the entire agreement between you and Snark AI, Inc. about the Service. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
19. Contact
For questions about these Terms or help with the Service, email support@mindblown.ai. To report content or appeal a decision, email security@mindblown.ai. To send a copyright notice, email copyright@mindblown.ai as described in Section 9. For questions about how we handle your information, email privacy@mindblown.ai.