1. Agreement to these terms
Multiplayer Agent is owned and operated by Midnight Monsters Corporation. In these Terms, “we”, “us”, and “our” mean Midnight Monsters Corporation.
These Terms of Service (the “Terms”) govern your access to and use of Multiplayer Agent, the multiplayer backend, the client SDK, the MCP server, the in-browser builder, the dashboard, the documentation, and every related service we operate (together, the “Service”). By creating an account, using an access code, using a publishable key, or connecting an AI agent to our MCP endpoint, you agree to these Terms. If you do not agree, do not use the Service.
If you use the Service on behalf of a company, studio, or other organization, you represent that you have authority to bind it, and “you” means that organization.
2. Definitions
- “Your Game”: the game or application you build on or connect to the Service, including its source code, assets, design, name, and branding.
- “Your Content”: everything you submit to the Service: Your Game, prompts and instructions you give the builder or an AI agent, uploaded files, room and game configuration, and any other material you provide.
- “Generated Output”: code, text, images, audio, level data, or other material produced by an AI model in response to your prompts, whether through our in-browser builder, our MCP server, or an agent you connect yourself.
- “Player Data”: data belonging to or describing the end users who play Your Game: player identities, saved progress, scores, player-created content, and gameplay analytics.
- “Studio Account”: your account with us, including any members you invite to it.
3. Accounts, keys, and eligibility
You must be at least 13 years old to hold a Studio Account, and at least 16 where local law requires it. You are responsible for the accuracy of your account information, for the security of your password, and for everything done under your account or with your keys.
Two kinds of keys exist, and the difference matters:
- Publishable keys (
pk_…) are public by design. They ship inside the client of Your Game, so anyone who plays it can read them. Pasting one into a chat, a repository, or a webpage is safe and expected. Protection comes from per-key rate limits and quotas, not from secrecy. - Secret keys (
sk_…) are not. They authorize administrative actions on your account. Keep them out of client code, screenshots, public repositories, and chat transcripts. You are responsible for activity performed with your secret key, and you must tell us promptly at info@midnightmonsters.co if you believe one has been exposed.
Access to some features is granted by invitation or access code. We may add, restrict, or withdraw such access, and we may decline to open an account.
4. What you may not do
You agree not to use the Service to:
- break the law, infringe anyone’s intellectual property, or violate anyone’s privacy;
- publish material that is unlawful, that sexualizes minors, that harasses or threatens people, or that is designed to deceive players about what they are buying;
- attempt to escape the server-side execution sandbox, read another customer’s data, probe or attack our infrastructure, or circumvent quotas, rate limits, or billing;
- resell or expose the Service as a general-purpose backend to third parties who are not building your games, except as a feature of Your Game;
- use the Service to generate material intended to impersonate a real person or organization, or to reproduce a third party’s copyrighted work or trademarks without the right to do so.
You are responsible for the conduct of your players inside Your Game, including any content they create and share through features you enable. We provide moderation tools; using them is your call and your responsibility.
5. Intellectual property: you own your game
You own Your Game. As between you and us, you retain all right, title, and interest in Your Content and Your Game, including the parts of it that we host, store, build, or execute. Nothing in these Terms transfers ownership of Your Game to us, and we claim no equity, revenue share (other than the transaction fees you expressly agree to), or ownership stake in what you build.
We own the Service. We retain all right, title, and interest in the platform itself, the runtime, the SDK, the MCP server, the builder, the dashboard, our documentation, our trademarks, and any improvements to them. These Terms grant you a limited, non-exclusive, revocable licence to use the Service; they grant you no rights in it beyond that.
The licence you grant us is only what running the Service requires. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, execute, adapt for technical purposes, and display Your Content solely in order to operate, secure, support, and troubleshoot the Service for you, and to deliver Your Game to the players you direct to it. This licence exists for the sole purpose of running the Service. It ends when you delete the content or close your account, except for backups pending their normal deletion cycle and anything we must keep by law.
We will not use Your Game to market ourselves without asking. We will not publish your name, logo, or screenshots of Your Game as a customer reference, case study, or demo without your prior written permission including on our website, in a pitch deck, or in a public presentation. Permission for one use is not permission for another. This does not apply to games you have already published publicly, or to material you choose to list in a public library or gallery feature of the Service.
Feedback. If you send us suggestions about the Service, we may use them without obligation to you. This covers feedback about our platform only; it does not touch Your Game.
6. AI-generated material: what we cannot protect
This section is the one to read twice. The Service is built to let an AI agent write your game. That is the product. It also means a meaningful part of Your Game may be Generated Output, and Generated Output does not carry the same legal protection that human-authored work does.
As between you and us, Generated Output is yours. We claim no ownership of the code, assets, or other material an AI model produces for you through the Service, and we do not assert copyright in it. Subject to your compliance with these Terms, you may use, modify, publish, and commercialize it.
But “yours” is not the same as “protected,” and we do not promise it is protectable. Specifically, and notwithstanding anything else in these Terms:
- Copyright may not exist in it at all. In the United States and in a number of other jurisdictions, copyright protection requires human authorship. Material generated by an AI model without sufficient human creative contribution may not be eligible for copyright, may be refused registration, or may be protected only in the portions a human actually authored, selected, or arranged. The law here is unsettled and is actively changing. We make no representation about how any court or registry will treat Your Game.
- It is not exclusive to you. AI models are not deterministic in your favour. Another user giving a similar prompt may receive similar or substantially identical output. We do not promise that Generated Output is unique, original, novel, or that no one else has or will receive materially the same thing. You have no claim against us or against another user because output resembles yours.
- It may infringe someone else’s rights. Generated Output may unintentionally resemble existing copyrighted works, trademarks, character designs, music, or code. We do not review Generated Output for infringement and cannot do so. Clearing Generated Output before you publish or commercialize Your Game is your responsibility.
- We provide no IP indemnity for it. We do not defend, indemnify, or hold you harmless against any claim that Generated Output infringes or misappropriates a third party’s intellectual property, publicity, or moral rights, and we are not liable for any loss arising from Your Game being unprotectable, copied, refused registration, taken down, or challenged. This exclusion survives and applies notwithstanding any other provision of these Terms.
- Third-party model terms also apply. Generated Output is produced by AI models operated by third-party providers. Their terms and acceptable-use policies apply to that output in addition to these Terms, and their terms, not ours: govern what rights, if any, they grant or reserve in it.
- Store and platform rules are separate. App stores, game portals, asset marketplaces, and advertising networks increasingly have their own rules about AI-generated content, including disclosure requirements. Complying with them is your responsibility.
What you can do about it. If protectability matters to your business, because you intend to license Your Game, raise money on it, or enforce against clones: the practical answer is human authorship: meaningfully select, edit, arrange, and add to what the AI produces, and keep records of what you contributed and when. Some studios also commission human-authored art and audio for the assets they most need to own. We can tell you what the Service stores about your build history; we cannot tell you whether it is enough. Talk to an intellectual-property lawyer about your specific game.
These Terms are not legal advice. Nothing on this page or anywhere in the Service is legal advice, and no attorney-client relationship exists between us.
7. Confidentiality; we will not disclose your game
We treat what you build as yours and private. This section is a mutual confidentiality commitment, and it is binding on us, not merely a policy we may change at will.
What we treat as confidential. We treat as your Confidential Information: Your Game and its source code and assets; the prompts, instructions, and design notes you give the builder or an AI agent; build traces, logs, and version history; unreleased features, mechanics, art direction, and release plans; your keys; your analytics and revenue figures; and anything else you provide that a reasonable person would understand to be confidential. This applies whether or not you label it.
What we commit to. We will not disclose your Confidential Information to any third party, and we will not use it for any purpose other than operating, securing, supporting, and improving the Service for you. Concretely, and without limiting that:
- we will not show, describe, or demo your unreleased game to anyone outside our organization;
- we will not use your game, your prompts, or your build history to develop a competing game or to seed a template, sample, or gallery entry, without your prior written permission;
- we will not sell, rent, or trade your Confidential Information, and we will not disclose that you are a customer without your permission (see Section 5);
- we limit internal access to personnel who need it to run the Service or to answer a support or abuse issue, and those personnel are bound by confidentiality obligations at least as protective as these;
- we may share it with infrastructure providers strictly as needed to run the Service, hosting, database, AI model, and payment providers: each under contractual confidentiality obligations. The current list is in our Privacy Policy.
Support access. To investigate a problem you report, our staff may need to view your account and your game’s data, including in some cases by viewing the dashboard as your account would see it. We do this to deliver support and to investigate abuse or a security incident, not for any other purpose, and the access is covered by this Section 7.
The usual exceptions. This section does not apply to information that: (a) is or becomes public through no fault of ours; (b) we already lawfully held without a confidentiality obligation; (c) we independently develop without reference to your Confidential Information; or (d) we lawfully receive from a third party free to disclose it. We may also disclose your Confidential Information where legally compelled, by subpoena, court order, or law, in which case we will give you notice in advance where we are lawfully able to, disclose only what is required, and seek confidential treatment where we can.
What you make public is public. Once you publish Your Game, share a public link to it, or list it in a public library or gallery feature of the Service, the material you have made public is no longer confidential. You can publish whenever you like; nothing in this section restricts what you do with your own game.
Duration. These obligations start when you first send us anything and continue for as long as the information remains confidential, including after your account is closed. If you want a separate signed NDA on your own paper, write to info@midnightmonsters.co.
Your side. If we share non-public information about the Service with you, unreleased features, pricing under discussion, security details, or anything marked confidential, you agree to protect it on the same terms.
8. Player data and your obligations to your players
Your Game collects data about the people who play it. As between you and us, you decide what Your Game collects and why; we process Player Data on your behalf and on your instructions in order to run the Service. That makes you responsible for:
- having your own privacy notice for Your Game, and any consent your jurisdiction requires from your players;
- honouring your players’ access and deletion requests: we give you the tools to do this from the dashboard, and we will help where the tools do not reach;
- not sending us data you have no right to send us, and in particular not sending special-category data (health, biometric, precise location, government identifiers) through the Service;
- complying with children’s-privacy law if Your Game is directed at or likely to reach children, including COPPA in the United States and equivalent rules elsewhere.
How we handle this data on our side is described in our Privacy Policy, which is part of these Terms.
9. Plans, credits, and billing
Some parts of the Service are free within published limits; others are paid, by subscription plan or by usage credits. Prices, plan limits, and credit rates are shown in the Service and may change on notice, for subscriptions, changes take effect at your next renewal.
Payments are processed by Stripe. We do not receive or store your full card details. Subscription fees are billed in advance and are non-refundable except where the law requires otherwise or where we have said otherwise in writing. Usage credits are consumed as you use metered features, do not represent currency, and are not redeemable for cash. If a payment fails or an account exceeds its limits, we may suspend metered features until it is resolved.
Where you sell to players through the Service, the applicable transaction fees are disclosed at the time you enable that feature. You are responsible for the tax consequences of your own sales.
10. Availability, beta features, and changes
The Service is under active development and parts of it are explicitly beta. We may add, change, or remove features. We aim to give reasonable notice before a change that would break existing games, but we do not guarantee backwards compatibility during beta, and we do not commit to any uptime level unless we have agreed one with you in writing.
We may set and enforce technical limits: rate limits, concurrent-player caps, storage and payload limits, to keep the platform stable for everyone.
11. Suspension, termination, and your data
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, if your use threatens the security or stability of the Service or another customer, if required by law, or if your account is unpaid after notice. Where circumstances allow, we will tell you first and give you a chance to fix the problem.
Before you close your account you can export your data from the dashboard. After closure we delete or anonymize your account data within a reasonable period, except for what we must retain by law or for legitimate records such as billing history. Our confidentiality obligations in Section 7 survive termination.
12. Disclaimers
Except as expressly stated in these Terms, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or secure against every attack; that Generated Output will be accurate, functional, original, non-infringing, or protectable (see Section 6); or that Your Game will succeed. You are responsible for testing Your Game before you put it in front of players.
13. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, even if advised of the possibility.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).
These limits do not apply to our obligations under Section 7 (Confidentiality), to either party’s liability for death or personal injury caused by negligence, for fraud, or to any other liability that cannot lawfully be limited.
14. Indemnity
You will defend, indemnify, and hold us harmless from third-party claims arising out of Your Content, Your Game, Generated Output you publish, your use of the Service in breach of these Terms or of law, or your handling of Player Data. We will tell you promptly about any such claim and give you reasonable control of the defence and cooperation at your expense.
15. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules, and the courts located there have exclusive jurisdiction: except that either party may seek injunctive relief in any competent court to protect its Confidential Information or intellectual property. Before filing anything, please write to info@midnightmonsters.co; most disputes are faster to solve that way.
16. General
These Terms, together with the Privacy Policy and any order or plan terms you accept, are the entire agreement between us about the Service. If a provision is held unenforceable, the rest stays in force. Our not enforcing a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, subject to our confidentiality obligations continuing to apply.
We may update these Terms. If a change is material, we will give notice in the Service or by email before it takes effect, and the “last updated” date above will change. Continuing to use the Service after that means you accept the updated Terms. If you do not, you may close your account.
17. Contact
Midnight Monsters Corporation operates Multiplayer Agent. Questions about these Terms, a confidentiality concern, or a request for a signed NDA: info@midnightmonsters.co.