These Terms of Use (“Terms”) are an agreement between you and SeeStudents, LLC, a North Dakota limited liability company doing business as SOFT-WHERE (“we”, “us”). They cover your use of SOFT-WHERE Games, including the website, the games and tools on it, the Studio, multiplayer rooms and chat, the store, groups, the puzzle embeds, and the AI connector (together, the “Service”). By creating an account or using the Service, you agree to these Terms, our Privacy Policy, and our Community Rules, which are part of these Terms. If you don't agree, don't use the Service.
1. Who can use the Service
- You must be at least 13 years old to create an account or use features that need one. The Service is not directed to children under 13. If we learn that an account belongs to someone under 13, we will close it and delete its personal information.
- If you are under 18 (or the age of majority where you live), you may use the Service only with the permission of a parent or legal guardian, who agrees to these Terms for you and is responsible for your use, including any purchases.
- You must give a truthful date of birth. You may not use the Service if we have previously banned you, or if the law forbids you from using it.
2. Your account
- Keep your password secret and your email address current. You are responsible for everything that happens under your account.
- One person per account. Don't share, sell, buy or transfer accounts, and don't use someone else's.
- Usernames and display names must follow the Community Rules. They can't impersonate someone else, and they can't contain contact information. We may change or remove a name that breaks the rules.
- Tell us right away at travissmith@soft-where.com if you think someone else has accessed your account.
3. Community Rules and acceptable use
You agree to follow the Community Rules everywhere on the Service: in games, scripts, names, descriptions, items, groups, chat and uploads. You also agree not to:
- Use the Service negligently or recklessly. Don't act carelessly in ways that you know, or reasonably should know, could harm other players, expose someone's personal information, damage the Service, or lead other players into danger. Examples: publishing a game or script without checking what it does, uploading files you haven't checked, sharing your login or connector access with someone you don't trust, or leaving your account open on a shared device. You are expected to take reasonable care with what you build, publish and share.
- Break the law, or help or encourage anyone else to.
- Harass, threaten, bully, stalk or exploit anyone, especially minors. Don't try to move other players to private apps or meet them in person.
- Post or upload anything you don't have the right to use: other people's music, art, models, characters, logos or trademarks.
- Put malicious or deceptive code in a game or script, or try to escape the script sandbox, attack, overload or probe the Service, other players' devices, or our providers.
- Cheat, exploit bugs or glitches (including in the economy, leaderboards, trades or multiplayer), or use bots, macros or modified clients to gain an advantage. If you find a bug, report it to us instead.
- Scrape, crawl or bulk-download the Service or other players' content, except through APIs we provide and under their terms.
- Buy, sell or trade accounts, Gold, Silver, items or other virtual goods for real money or anything of value outside the Service.
- Impersonate any person, company or SOFT-WHERE staff, or misrepresent your connection to anyone.
- Collect other players' personal information, or ask them for it.
- Get around a suspension, ban, filter, age screen or other safety feature, including by making a new account.
4. What you make
You keep ownership
Games, scripts, worlds, items, decals, uploads, group pages, chat messages and other content you create or submit (“Your Content”) remain yours. We don't claim ownership of Your Content.
The license you give us
So that we can run the Service, you give SeeStudents, LLC a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt (for example, resize or reformat), display, perform and distribute Your Content on and through the Service and in promoting the Service (for example, an ad or screenshot of a published game). This license lasts while Your Content is on the Service, plus a reasonable time afterwards to remove it from backups and caches. It also lasts for copies that other players already legitimately own, such as store items they bought.
Published games and items
When you publish a game or make it public, you also give every player a license to play it, and to see and interact with it, on the Service. When you sell an item in the store, buyers get a license to use that item on the Service. We may add a way for players to copy or remix public games onto their own profile. If we do, it will be opt-in for each game. Your games won't become copyable unless you choose that setting, and the setting will explain what others can do with a copy.
Your promises about Your Content
You promise that you own Your Content or have all the rights needed to post it and to grant the licenses above, and that it follows these Terms and the Community Rules. You are responsible for Your Content and the consequences of posting it.
Feedback
If you send us ideas or suggestions, we may use them without owing you anything.
5. AI-assisted creation
You can connect an AI assistant (for example, Claude) to your account through our connector, and let it build and edit games, design items and update your character for you.
- You are responsible for everything the assistant does under your account, just as if you had done it yourself. That includes what it builds, writes, uploads, publishes or spends.
- Content made with AI is Your Content. It must follow these Terms and the Community Rules, and the same filters, reviews and moderation apply to it.
- AI tools can make mistakes and can produce material that resembles someone else's work. Review what the assistant makes before you publish it, and don't publish anything you don't have the rights to.
- The AI assistant is provided by another company under that company's own terms and privacy policy. We aren't responsible for that service. You can disconnect it at any time from the assistant's settings.
6. Gold, Silver and virtual items
- Gold can be bought with real money through our payment processor, Stripe. Silver is earned by playing and building (for example, a daily bonus, or visits to games you own). Gold and Silver can be exchanged for each other on the in-site exchange, at a rate that changes and with a small fee.
- Gold, Silver, items, game passes, in-game products and anything else you get with them (“Virtual Items”) are a limited, personal, revocable license to use them on the Service. They are not your property, have no cash value, are not money or a deposit, and cannot be redeemed, cashed out or transferred off the Service, by you, a group, or anyone else.
- Virtual Items can be moved between accounts only through features we provide: trades, store purchases, game sales and group payouts. Group funds belong to the group's balance on the Service, and the group owner decides payouts to members in Gold or Silver. Group funds are never paid out in money.
- All purchases are final and non-refundable, except where the law requires otherwise or we decide otherwise. If a purchase didn't arrive, email travissmith@soft-where.com and we'll look into it.
- Creators receive a share of sales of their items and passes in Gold or Silver as shown on the Service (currently 70%). We may change prices, rates, fees and shares going forward.
- We may change, rebalance or discontinue Virtual Items. We may remove Virtual Items obtained through bugs, fraud, chargebacks or breaking these Terms. If your account is closed for breaking these Terms, you lose your Virtual Items without compensation.
- If you are under 18, a parent or guardian must approve purchases. If you think a purchase was made without permission, contact us.
7. Moderation, suspension and termination
We use automatic filters, review of uploads, player reports and staff moderators to keep the Service safe. We don't review everything before it appears, and we aren't responsible for content other players post. But we may, at any time and without notice:
- refuse, hide, unpublish, edit (for example, mask words in chat) or remove any content;
- hold uploads or games for review before they go public;
- warn, mute, suspend or permanently ban an account, and remove its Virtual Items; and
- keep records and cooperate with law enforcement where we believe someone may be at risk or the law requires it.
How we usually handle violations is described in the Community Rules, which also explain how to appeal. You can stop using the Service at any time, and you can ask us to close your account by emailing travissmith@soft-where.com. Sections 4 (licenses for content already distributed), 6, 9 through 13 and anything else that by its nature should survive will survive the end of this agreement.
8. Copyright
We respect intellectual property and respond to valid notices of infringement under the Digital Millennium Copyright Act. We close the accounts of repeat infringers in appropriate circumstances. See Copyright & DMCA for how to send a notice or counter-notice.
9. Other services
The Service relies on or links to services run by others, including Stripe (payments), sign-in, hosting and storage providers, our ad network TheAd Vantage, puzzle publishers such as Minot's Bugle, and AI assistants you choose to connect. Those services have their own terms and we aren't responsible for them. Ads on the Service come from advertisers. We don't endorse what they offer.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We don't promise that the Service will be uninterrupted, secure or error-free, that saves, scores, items or balances will never be lost, or that content made by players or AI tools is accurate, safe or lawful. Games can involve fast motion and flashing lights. Take breaks, and stop playing if you feel unwell.
11. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, SEESTUDENTS, LLC AND ITS OWNERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, VIRTUAL ITEMS OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US $50. Some places don't allow some of these limits, so they apply to you only as far as the law allows.
12. Indemnity
If someone makes a claim against us because of Your Content, your use of the Service, or your breaking these Terms or the law, you agree to defend and indemnify SeeStudents, LLC and hold it harmless, including reasonable attorneys' fees, to the extent allowed by law. If you are a minor, this applies to your parent or guardian.
13. Governing law and disputes
These Terms are governed by the laws of the State of North Dakota and applicable US federal law, without regard to conflict-of-law rules. Any dispute that isn't resolved informally will be brought only in the state or federal courts located in or serving Ward County, North Dakota, and you and we consent to those courts' jurisdiction. Before filing a claim, please email travissmith@soft-where.com so we can try to fix it. Either party may bring an individual claim in small-claims court if it qualifies.
14. Changes
We may update these Terms. If a change is material, we'll show the date at the top and ask you to accept the new version the next time you sign in. Continuing to use the Service after a change means you accept it. We may change, add or remove features of the Service at any time.
15. Everything else
These Terms, with the Privacy Policy and Community Rules, are the whole agreement between you and us about the Service. If a part is found unenforceable, the rest still applies. Our not enforcing a term isn't a waiver. You may not transfer these Terms. We may transfer them as part of a merger, sale or reorganization. Nothing here gives rights to anyone else.
16. Contact
SeeStudents, LLC (d/b/a SOFT-WHERE), Minot, North Dakota. Email: travissmith@soft-where.com.