Growth Product Terms
Last update: 1 May 2026
We're updating our Growth Product Terms
These updated Terms take effect from 11 May 2026 and apply to all customers from that date.
What's changing: We've restructured the Terms into three parts — General Terms (applying to all products), Audience Terms, and terms covering our Distribution products. We've added provisions specific to Audience (covering access, acceptable use, AI features, and product updates), and to Channel Coaching, Quest Boost, and KOL campaigns. We've also clarified a number of provisions across liability, IP, low value activity, representations, and marketing to better reflect how our products operate today.
Questions? Contact us at notices@immutable.com.
PART 1 — GENERAL TERMS
The following terms apply to all Growth Products.
1. Application of these Terms
These Growth Product Terms ('Terms') govern your access to and use of the Growth Products. Specific commercial terms (including fees, term length, and any product-specific arrangements) are set out in your Ordering Document where one applies. These Terms supplement Immutable's Platform Terms to the extent you are subject to them.
In these Terms:
- references to 'we', 'us', 'our', and 'Immutable' are to the Immutable entity identified as the contracting party in your Ordering Document, or where you have activated Audience directly through our website or platform interface without an Ordering Document, the Immutable entity operating that interface; and
- references to 'you' and 'your' are to the entity or individual entering into these Terms.
These Terms are structured as follows:
- Part 1 (General Terms): applies to all Growth Products.
- Part 2 (Audience Terms): applies only where you access or use the Audience product.
- Part 3 (Other Terms): applies only where you have subscribed to the relevant Distribution Products or receive Channel Coaching as described in that Part.
We've done our best to make sure that there are no inconsistencies, but if there is a direct conflict or inconsistency, the following order of precedence will apply to resolve it:
(a) the terms of an applicable Ordering Document will prevail; then
(b) for any matter concerning the provision or use of Growth Products, these Terms will prevail over the Platform Terms; then
(c) for any matter not concerning Growth Products, the Platform Terms will prevail over these Terms to the extent of the inconsistency related to your activities contemplated under the Platform Terms; and then
(d) within these Terms, terms in Parts 2 and 3 specific to a particular Growth Product will prevail over any conflicting provisions in Part 1.
2. Changing these Terms
(a) Our business is constantly changing, so we need to be able to change these Terms and the Product Descriptions at any time.
(b) If we make a change we think will benefit you or be relatively neutral, we can make the change without telling you by posting the amended Terms or Product Descriptions on our website. Any such changes are effective immediately upon posting.
(c) If we make a change that we think will be materially detrimental to you, we will use commercially reasonable efforts to provide you with prior notice (including but not limited to through our services, sites, email or other similar means). During this notice period, you may take the following actions by notifying us at notices@immutable.com:
(i) If the change is to a Product Description for a specific Growth Product that materially reduces or alters in a net negative way the Growth Product you have subscribed to, you may cancel your subscription for that affected Growth Product; or
(ii) If the change is to the body of these Terms and it materially and adversely affects your rights and obligations as a whole, you may cancel your entire Agreement with us.
(d) If you do not provide notice of cancellation before the change takes effect, your continued use of the Growth Products will constitute your acceptance of the change.
3. Right to Access and Use Growth Products
Provided you comply with these Terms and anything set out in your Ordering Document (if applicable), we will provide you with the relevant Growth Products for use during the Subscription Term. Unless your Ordering Document or registration process says something different, subscriptions for a Growth Product automatically renew for successive Renewal Periods unless you cancel your subscription in writing before the expiry of the then-current term.
4. Fees for Growth Products
(a) Any applicable fees for your Growth Products will be set out in your Ordering Document. The fees stated do not include applicable indirect taxes (such as GST, VAT or other sales taxes), which you'll need to pay as an additional sum if applicable to the fees.
(b) We will invoice you the fees, and you need to pay them (including any applicable taxes) in accordance with your Ordering Document. If you don't, we may withhold the provision of, or stop providing you with, the Growth Products, and we may charge you interest on any unpaid amounts at the lesser of 1.5% per month or the maximum rate permitted by law, accruing from the due date until paid in full.
(c) Fees are based on the Growth Products purchased and not actual usage. All payment obligations are non-cancellable and all fees paid are non-refundable, except where expressly stated otherwise in these Terms or required by applicable law.
(d) If you provide credit card information to us, you authorise us to charge such credit card for the Growth Products listed in the Ordering Document, for the Subscription Term as set forth in the Ordering Document.
5. Taxes
(a) You are responsible for paying all applicable taxes (such as GST, VAT or other sales taxes) that apply to the supply of the Growth Products to you.
(b) If required by law in your jurisdiction, you agree to handle any additional sales taxes obligations yourself and inform us of such requirements.
(c) For GST purposes in Australia, if requested during your account setup or Ordering Document process, you must declare your residency status and provide a valid ABN if you are an Australian resident business.
(d) We are not responsible for determining your tax obligations, nor for collecting, reporting, or remitting any taxes arising from your use of the Growth Products, other than any indirect taxes we are lawfully required to charge on our fees. You should seek your own independent tax advice.
(e) All fees must be paid to us free and clear of any deductions or withholdings. If a withholding tax or other deduction is required by law, you must pay an additional amount to ensure that the net amount we receive equals the full invoiced amount. You are responsible for remitting any withheld amounts to the relevant tax authority.
6. Compliance with Laws & Sanctions
While you're using the Growth Products or interacting with us, you need to comply with all applicable laws and make sure that you don't cause us or our suppliers to breach any applicable laws. You promise to tell us straight away if you violate any laws while using our services or interacting with us. We can take any action we reasonably believe is necessary to comply with laws or third-party rights, which may include not allowing you to access or restricting your access to the Growth Products from particular jurisdictions. Nothing in these Terms requires us to do anything that we reasonably believe will or might breach a law or any third-party rights. You must not use the Growth Products if you are on a Sanctions List or located in a Sanctioned Jurisdiction (or you are acting on behalf of someone on a Sanctions List or who is located in a Sanctioned Jurisdiction).
7. Data and Privacy
(a) Please see our Privacy Policy (available here) for how we collect, use and disclose personal information or personal data. By using the Growth Products, you also agree to be bound by our Data Sharing Terms (available here), which are incorporated into these Terms by reference.
(b) For any data that's not personal information or personal data, we can collect, use and disclose your data to monitor and improve our services and for other business purposes. For the avoidance of doubt, while we may provide you with aggregated or anonymised insights related to your Growth Products, we will not share any end user personal information or personal data with you other than as prescribed by our Data Sharing Terms.
(c) You are responsible for your own compliance with all applicable data protection and privacy laws in connection with your use of the Growth Products, including (where required by applicable law) maintaining a publicly accessible privacy policy that accurately describes your collection, use, and disclosure of personal information in connection with your Game. Without limiting the generality of Section 6, you must ensure that any collection, use, or sharing of end user data facilitated through the Growth Products (including through Audience) is conducted in accordance with applicable law and any consents you have obtained from end users.
(d) You are responsible for maintaining the security of any account credentials, passwords, or access tokens associated with your use of the Growth Products. We are not liable for any loss arising from unauthorised access to your account resulting from your failure to maintain the security of your credentials.
8. Confidentiality
If you have entered into a separate non-disclosure agreement with us, we each agree to comply with that non-disclosure agreement in respect of any confidential information disclosed as part of our relationship. If you don't have a separate non-disclosure agreement with us and you access or receive any of our confidential information in connection with the Growth Products, you need to take all reasonable measures to protect it. You can only disclose our confidential information: (i) if you are compelled by law to do so and you agree to inform us of the required disclosure so that we can take reasonable steps to protect that information; or (ii) to someone who needs to know it for the purposes of our relationship concerning the Growth Products and then only if that person agrees to take reasonable measures to protect it. Our confidential information includes all non-public information and materials related to our business, customers, suppliers, partners or services, including the Growth Products.
9. IP Ownership
(a) Each party retains ownership of all intellectual property rights it owned or held before entering into these Terms or that it develops independently of these Terms ('Pre-existing IP'). For the avoidance of doubt, Immutable's Pre-existing IP includes all rights in the Platform, the Protocol, Immutable Play, and all associated software, technology, APIs, SDKs, Smart Contracts, and Back-End Infrastructure. Nothing in these Terms transfers, assigns, or licences any of Immutable's Pre-existing IP to you, except to the limited extent expressly stated in these Terms or a separate written agreement. Your own Pre-existing IP (including your Game, trademarks, and Developer Content) remains owned by you, subject to the licences you grant us under these Terms.
(b) We (or our licensors as applicable) own all rights (including IP) in: (i) any Growth Products; (ii) any information we give you or allow you to access in connection with the Growth Products (including but not limited to any Channel Coaching); (iii) anything we derive from any information (or anything else) you provide us with in connection with the Growth Products; (iv) any information or anything else we derive from providing you with the Growth Products; and (v) any modifications that either of us make to the things set out in (i), (ii), (iii) and (iv), or anything that either of us create using the things set out in (i), (ii), (iii) and (iv) (which you must provide us with immediately on creation). Together, this makes up the "Growth Product IP". You can use the Growth Product IP associated with a Growth Product solely to the extent necessary to receive the benefit of the Growth Product during the Subscription Term.
(c) If you provide us with any feedback, ideas, suggestions, or recommendations relating to the Growth Products or our services ('Feedback'), you acknowledge that we may use, modify, and incorporate such Feedback into our products and services without restriction, obligation, or compensation to you. All Feedback is provided on a non-confidential basis, and no Feedback will be subject to any obligation of confidence on our part, notwithstanding any other provision of these Terms or any separate non-disclosure agreement between us.
10. Immutable Play Platform
(a) Certain Growth Products may involve listing or featuring your Game, Quests, or other content ('Developer Content') on Immutable Play.
(b) You grant us a non-exclusive, worldwide, royalty-free licence during the applicable Subscription Term to host, display, reproduce, distribute, and otherwise use the Developer Content (including game titles, descriptions, logos, trademarks, images, videos, and links) on and in connection with the operation and promotion of the Immutable Play platform.
(c) You are solely responsible for: (i) ensuring all Developer Content you provide for use on Immutable Play is accurate, complete, up-to-date, and complies with all applicable laws, regulations, and advertising standards; (ii) complying with any content guidelines, technical requirements, or policies applicable to Immutable Play that we may provide or make available from time to time (which may be included in the Platform Terms); and (iii) ensuring you have all necessary rights, licences, and permissions to provide the Developer Content to us for use on Immutable Play as contemplated by these Terms.
(d) We reserve the right, in our sole discretion but without obligation, to: (i) review, modify (including but not limited to, for formatting or technical reasons), refuse, or remove any Developer Content from Immutable Play, particularly if we believe it violates these Terms, applicable guidelines, laws, or is otherwise inappropriate or detrimental to the platform or its users; and (ii) determine the placement, layout, design, and functionality of Immutable Play and how Developer Content is displayed.
(e) Immutable Play is provided "as is" and "as available". We do not guarantee uninterrupted access to, or specific performance or uptime of, the Immutable Play platform. We are not responsible for any inability to access or display Developer Content due to platform downtime or technical issues. Unless explicitly stated as part of a specific Growth Product in an Ordering Document, we make no commitments regarding the visibility, ranking, or specific placement of your Developer Content on Immutable Play.
11. Game Quality and Performance
(a) You acknowledge that the success of any Growth Product and/or Channel Coaching is fundamentally dependent on the quality, design, and appeal of your Game.
(b) We make no representations, warranties, or guarantees (whether express, implied, oral, or written) regarding specific improvements to your performance metrics, including but not limited to: (i) daily active users (DAUs) or monthly active users (MAU); (ii) retention rates; (iii) conversion metrics; or (iv) revenue generation.
(c) You are solely responsible for the underlying quality, design, appeal and performance of your Game. You warrant that you have not relied on any prior performance data, case studies, or informal projections provided by us as a guarantee of future results.
(d) For the avoidance of doubt, the provision of Growth Products to you does not constitute an endorsement by us of the Game's commercial viability or its likelihood of success in the market.
12. Low Value Activity
You acknowledge that online gaming ecosystems are inherently susceptible to automated bot activity, multi-accounts, duplicate accounts, and inauthentic user behaviour (together, "Low Value Activity"). While we may, in our discretion, implement measures to mitigate such risks, we do not warrant that any such measures will be effective and we make no representations or warranties regarding the authenticity, quality, or "human" status of any end users directed to your Game or interacting with your Growth Products. You agree that:
(a) the risk of Low Value Activity is inherent in the services;
(b) we are not responsible for any loss, including the depletion of reward / incentives or skewed analytics, resulting from Low Value Activity;
(c) we are not responsible for implementing secondary verification or anti-bot measures within your Game environment; and
(d) we reserve the right to suspend or restrict Growth Products if we reasonably suspect Low Value Activity is compromising the integrity of the Platform, Protocol, or Immutable Play.
13. Prohibited Content
(a) Prohibited Categories: You must not use the Growth Products, Audience, or Immutable Play in connection with any Game or content that:
(i) constitutes or promotes gambling or real money wagering;
(ii) contains adult, sexually explicit, or pornographic material;
(iii) promotes or glorifies gore or self-harm;
(iv) promotes hatred, discrimination, or harm against any person or group based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics;
(v) targets minors with content or monetisation mechanics that are inappropriate for their age group or that exploit minors;
(vi) facilitates or promotes illegal activity; or
(vii) is otherwise determined by us, acting reasonably, to be harmful, offensive, or inconsistent with our content standards (as published from time to time) or the integrity of the Growth Products, Audience, or Immutable Play.
(together, "Prohibited Content").
(b) Review and Suspension: We reserve the right, at any time and in our sole reasonable discretion, to: (i) review any Game or Developer Content in connection with which the Growth Products or Audience are being used; (ii) suspend access to the Growth Products, Audience, or Immutable Play pending the outcome of any such review; and (iii) immediately terminate your access to the Growth Products and/or Audience, and remove any Developer Content from Immutable Play, if we determine that your Game or any associated content constitutes or contains Prohibited Content.
(c) No Liability: To the maximum extent permitted by law, we are not liable for any loss, damage, or costs you incur as a result of any suspension or termination under this Section. The rights in this Section are in addition to, and do not limit, our other rights under these Terms.
14. Representations and Warranties
(a) Mutual Representations and Warranties: Each party represents and warrants to the other that: (i) it is duly incorporated, validly existing, and in good standing under the laws of its jurisdiction of incorporation; (ii) it has the full corporate power, capacity, and authority to enter into these Terms (and any Ordering Document) and perform its obligations hereunder; (iii) the execution and delivery of these Terms (and any Ordering Document) has been duly authorised by all necessary corporate action; and (iv) these Terms (and any Ordering Document) constitute a legal, valid, and binding obligation, enforceable against it in accordance with their terms.
(b) Customer Representations and Warranties: You represent, warrant, and covenant to us that: (i) you own or have secured all necessary rights, licences, and permissions for the Game and Developer Content; (ii) our use of your logos, trademarks, and Game assets as contemplated by these Terms will not infringe the intellectual property rights of any third party; (iii) you have independently evaluated the suitability of the Growth Products for your Game and acknowledge that the Game's commercial performance is solely your responsibility and that you have not relied on any case studies, projections, or informal performance data provided by us as a guarantee of future results; (iv) you will not, and will not encourage third parties to, engage in any Low Value Activity (including using bots or scripts) to artificially inflate metrics on the Platform or within the Game environment; (v) your Game and your use of the Growth Products, including any actions taken based on AI Features or Channel Coaching, comply with all applicable laws and advertising standards; and (vi) your Game and all Developer Content do not constitute, contain, or promote any Prohibited Content as defined in Section 13, and you will promptly notify us if this ceases to be the case.
(c) Disclaimer of Other Warranties: Except as expressly set out in these Terms, and to the maximum extent permitted by law: (i) the Growth Products, AI Features, and Immutable Play are provided on an "as is" and "as available" basis; and (ii) we expressly disclaim all other warranties, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.
15. Liability
Nothing in these Terms excludes or limits: (a) any liability which can't lawfully be excluded or limited (but where the law allows us to, we limit our liability to resupplying or paying the cost of resupplying services); or (b) our liability to you for our fraud or wilful misconduct.
We won't be liable for: (i) anything outside our reasonable control (including but not limited to Low Value Activity) or the acts/omissions of third parties (including but not limited to KOLs, ad networks, and platform providers like Twitch, Kick, X or Discord); (ii) any loss of profits, savings, business, reputation, and/or data; (iii) any loss or damage resulting from your use of or reliance on Channel Coaching and/or AI Features (including any Output); (iv) any failure to achieve specific performance metrics (including but not limited to daily active users, retention, or revenue), as you acknowledge such outcomes depend fundamentally on the quality and design of your Game; and (v) any damage you suffer or cost or expense you incur, unless it directly results from our gross negligence or wilful misconduct in providing the Growth Products.
For all other circumstances in connection with these Terms or the Growth Products, we (subject to the exclusions above) limit our entire liability to you for all your loss, damage, costs or expenses to the greater of: (i) AUD $1,000; or (ii) the total fees paid by you to us for the specific Growth Product(s) giving rise to the claim in the 12 months preceding the event giving rise to the claim. Our liability will be reduced to the extent the loss, damage, costs or expenses are caused or contributed to by you (or someone you are responsible for). These exclusions and limitations continue to apply after our relationship under these Terms ends.
16. Indemnity
You indemnify us and our personnel, affiliates, and suppliers against all claims, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your breach of these Terms;
(b) your use of the Growth Products not in accordance with these Terms;
(c) any content or materials you provide in connection with the Growth Products (including Developer Content provided for Immutable Play);
(d) your violation of any applicable law or regulation; or
(e) your infringement or violation of any third-party rights (including IP rights).
17. Cancellation and Termination
(a) Cancellation of Growth Product Subscription by Either Party (Post Initial Term): After the Initial Term for a Growth Product, either of us may cancel a subscription for that Growth Product by providing the other party with 30 days written notice.
(b) Immediate Cancellation by Us (for good reason): We may immediately stop providing you with, or cancel or suspend your subscription to, a Growth Product or your account at any time provided we have good reason to do so (including but not limited to breach of these Terms, legal requirement, misuse of services, or the presence of Prohibited Content).
(c) Cancellation of Specific Growth Product or Overall Relationship by You (for cause): You may, by telling us in writing: (i) terminate your subscription to an affected Growth Product if we commit a material breach of our obligations under these Terms with respect to that specific Growth Product, and we fail to remedy that breach within 30 days of you notifying us; or (ii) terminate these Terms and your overall relationship with us if: (A) we commit a material breach of these Terms that substantially affects all Growth Products or fundamentally undermines the overall agreement, and we fail to remedy such breach within 30 days of you notifying us; or (B) we become insolvent.
(d) Cancellation of Specific Growth Product or Overall Relationship by Us (for cause): We may, by telling you in writing: (i) terminate your subscription to a specific Growth Product if you commit a material breach of your obligations under these Terms with respect to that Growth Product (such as a failure to pay the fees applicable to that Growth Product), and you fail to remedy that breach within 30 days of us notifying you; or (ii) terminate these Terms and your overall relationship with us if: (A) you commit a material breach of these Terms, and you fail to remedy such breach within 30 days of us notifying you (if capable of remedy); or (B) you become insolvent.
(e) Effect of Cancellation/Termination:
(i) If a Growth Product subscription is cancelled: (A) you have to immediately pay us any unpaid fees for the cancelled Growth Product that we have provided to you; (B) you must immediately stop using the cancelled Growth Product; and (C) you must immediately stop using any Growth Product IP associated with the cancelled Growth Product and either destroy or return (as we tell you) any Growth Product IP you have (unless otherwise agreed under an Ordering Document).
(ii) Where you have ordered multiple Growth Products under a single Ordering Document, and one (or more) but not all of the Growth Products under the Ordering Document are being cancelled, we will provide you with a new Ordering Document to reflect the terms that will apply to any retained Growth Products (including any updated fees). Once we sign a new Ordering Document, your old Ordering Document will automatically be cancelled to the extent it covered the cancelled Growth Products.
(iii) If the overall relationship under these Terms is cancelled, all your rights to use any Growth Products cease immediately, and amounts owing become immediately due and payable.
(iv) If you have received any incentives (including but not limited to in relation to using our Platform if you are a Developer), cancelling the relationship may impact those incentives.
(v) Provisions intended to survive termination (including Fees for Growth Products (Section 4), Taxes (Section 5), Confidentiality (Section 8), IP Ownership (Section 9), Liability (Section 15), Indemnity (Section 16), Disputes (Section 20), and General (Section 23)) will remain in effect.
18. Third parties and subcontracting
(a) You understand and agree that there may be circumstances where the Growth Products (or any part of them) may be provided by a third party to you, or where Immutable may engage a third party to assist with the provision of the Growth Products (or any part of them) to you.
(b) To the maximum extent permitted by law, we are not responsible or liable for the availability, functionality, policies, statements, acts, or omissions of any third-party providers or platforms, even if we facilitate the engagement of such parties. This includes, but is not limited to: (i) any third party engaged by us to deliver aspects of the Growth Products; (ii) third-party social, streaming, or community platforms (including but not limited to X, Twitch, Discord, or Kick); (iii) KOLs engaged as part of a campaign, who remain independent third parties and not our employees or agents; and (iv) any third party providing the underlying infrastructure for AI Features.
19. Resources and Templates
From time to time, we may create, make available, or refer you to resources, templates, tools, or guidance materials, whether authored by us or sourced from third parties ("Resources"), that we consider may assist you in using the Growth Products. Resources are provided for informational purposes only and do not constitute legal, regulatory, compliance, or professional advice. Any Resources authored by us are provided on a general basis and have not been prepared with regard to your specific legal, regulatory, or operational circumstances. We make no representations or warranties as to the accuracy, completeness, or legal sufficiency of any Resources for your specific circumstances, and we do not endorse or take responsibility for any content sourced from third parties. You are solely responsible for assessing the suitability of any Resources for your purposes and obtaining your own independent advice before relying on them. We are not liable for any loss arising from your use of or reliance on any Resources. Your use of any Resources does not create any advisory, professional services, or fiduciary relationship between you and us.
20. Disputes
(a) We hope that disputes won't happen, but if they do, you agree to resolve them in the following way. If you have any issue relating to the Growth Products or these Terms, you agree to formally tell us about the issue in writing (to notices@immutable.com or as otherwise directed) and meet with us (virtually or in person) to try to resolve the issue in good faith. If the issue can't be resolved within 30 days of you telling us about it, either party can seek to have the issue resolved exclusively by binding arbitration in Sydney, Australia by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with their arbitration rules. The decision of the arbitrator will be final, binding and enforceable.
(b) To the extent permitted by applicable law, all disputes, claims, or proceedings arising under or in connection with these Terms must be brought on an individual basis only and not as a plaintiff or class member in any purported class or representative proceeding. You agree not to bring or participate in any class, collective, representative, or consolidated claim or proceeding against us, whether in arbitration or before any court. The arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of representative, class, or collective proceeding. Nothing in this section limits your right to bring an individual claim or affects any right that cannot be waived under applicable law.
(c) If a court decides that applicable law precludes enforcement of any of the limitations in this section 20, then that claim (and only that claim) will be severed from the arbitration and may be brought in court.
21. Your People
You are responsible for whatever your people do (or don't do) in connection with the Growth Products and these Terms, and you need to make sure that your people comply with these Terms. Your people include your employees, directors, officers, contractors, customers, suppliers, and any other person who accesses or uses the Growth Products through you or on your behalf.
22. Marketing
(a) Our Discretion: The specific channels, methods, frequency, and content of any marketing support provided as part of the Growth Products remain subject to our reasonable discretion. We do not guarantee any specific reach, engagement, or outcomes from these marketing activities.
(b) Licence Grant — Marketing Support: You grant us a non-exclusive, worldwide, royalty-free licence during the applicable Subscription Term to use your name, logos, trademarks, and any Game assets or information you provide to us, solely for the purpose of providing marketing support as part of the Growth Products and promoting your participation in the relevant Growth Product(s).
(c) Case Studies: We may, at our discretion, create case studies and other marketing materials relating to your use of the Growth Products. These materials may include but are not limited to performance metrics and data derived from your use of the Growth Products. You acknowledge that all such case studies and marketing materials are works created by us and form part of our Growth Product IP under Section 9. To the extent any such materials incorporate your name, logos, trademarks, or Game assets as they existed at the time of creation, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, and perpetual licence to use those assets solely in connection with such materials. This licence survives expiry or termination of these Terms.
(d) Customer Marketing Obligations: During the Subscription Term, you agree to maintain a hyperlink to the Immutable Play platform (or any successor URL we provide) in a reasonably prominent position on the homepage of your primary website associated with the Game.
23. General
(a) Governing Law: The relationship under these Terms and your use of the Growth Products is governed by the laws of New South Wales, Australia.
(b) Jurisdiction: Subject to Section 20 (Disputes), each of us submits to the exclusive jurisdiction of the courts of New South Wales, Australia solely for the purposes of (i) seeking urgent interlocutory or injunctive relief; or (ii) the recognition and enforcement of any judgment or arbitration award.
(c) Entire Agreement: These Terms (including any applicable Ordering Document) constitute the entire agreement between you and us in relation to the Growth Products and supersede all prior or contemporaneous understandings. You acknowledge and agree that you have not relied on any statement, promise, representation, or warranty made or given (whether oral, written, or published) by or on behalf of us that is not expressly set out in these Terms or your Ordering Document. These Terms operate alongside the Platform Terms (where applicable to you), with precedence determined in accordance with Section 1.
(d) Assignment: You must not assign, transfer, novate or sub-licence any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or novate our rights and obligations under these Terms.
(e) Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be read down or, if necessary, severed to the minimum extent necessary, and the remainder will continue in full force.
(f) Waiver: A failure or delay by us to exercise a right or remedy under these Terms does not constitute a waiver. A waiver must be in writing and applies only to the specific instance.
(g) Notices: We may give notices by email, by posting on our websites, or via the relevant Growth Product interface. Notices are effective on posting or when sent. You must keep your contact details up to date and send any notices to us at the contact details specified by us (notices@immutable.com or as per your Ordering Document).
(h) No Implied Terms: To the extent the law allows us to, all implied terms are excluded.
(i) Relationship of Parties: Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship. Each party is an independent contractor.
(j) Force Majeure: Neither party is liable for delay or failure to perform its obligations under these Terms if such delay or failure is caused by an event beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labour disputes, pandemics, epidemics, failure of public utilities or public (including blockchain) networks, or governmental action (a "Force Majeure Event"). The affected party will notify the other party as soon as practicable and use reasonable efforts to minimise the impact of the Force Majeure Event.
24. Dictionary
AI Features has the meaning given in Section 27(a) of these Terms.
API means application programming interface.
Audience means the Immutable marketing technology product comprising Immutable Game Page and Immutable Insights, together with any AI Features or ancillary features made available through those products, as further described in the Product Descriptions.
Authorised Users has the meaning given in Section 26(a) of these Terms.
Back-End Infrastructure means our software, hardware, and networking architecture supporting our APIs and SDKs.
Beta Features has the meaning given in Section 28(c) of these Terms.
Channel Coaching has the meaning given in Section 31(a) of these Terms.
Developer means anyone who accesses and uses our services and/or solutions to develop a Game or applications on the Protocol.
Developer Content has the meaning given in Section 10(a) of these Terms.
Distribution Products means the distribution-focused Growth Products described as such in the Product Descriptions or your Ordering Document, currently comprising UA Boost, Quest Boost, X Boost, Twitch Boost, and Channel Coach.
Feedback has the meaning given in Section 9(c) of these Terms.
Game means your game, interactive software application, or other digital entertainment product that is identified in an Ordering Document as the recipient of the Growth Products, whether developed or published by you and whether or not developed using the Protocol.
Growth Products means the products and services subscribed to by you in an applicable Ordering Document (or, in the case of Audience, activated by you directly through our website or platform interface where not otherwise specifically subscribed to in an Ordering Document), the features and deliverables of which are described in the Product Descriptions. Growth Products include Audience and the Distribution Products.
Growth Product IP has the meaning given in Section 9(b) of these Terms.
Immutable Play means our end user platform designed to showcase games and facilitate end user engagement.
Initial Term means the term specified in the Ordering Document.
IP means intellectual property rights of any kind including but not limited to copyright (including rights in software), trade mark, service mark, design, patent, trade secret, code, trade business, domain or company names, moral rights, rights in confidential information, know-how or other proprietary rights (whether or not any of these are registered) and all protections of a similar nature anywhere in the world.
KOL means key opinion leader or influencer.
Low Value Activity has the meaning given in Section 12 of these Terms.
Order Form means a specific type of Ordering Document issued by us and executed by both parties.
Ordering Document means the document, webpage, or user interface that sets out your subscription to the Growth Products, the fees, Subscription Term, and any other specific commercial terms, and may include an Order Form executed by the parties, a quote, or a checkout process completed via our designated billing software.
Output has the meaning given in Section 27(a) of these Terms.
Platform means the tooling and/or the interfaces designed by us and which are integrated into the Protocol, including the solutions that go by the style of 'Developer Hub', 'Passport', 'Checkout', 'Relayer' and 'Orderbook'.
Platform Terms means the platform terms available at https://www.immutable.com/legal/developer-terms (or any successor URL), as updated from time to time.
Pre-existing IP has the meaning given in Section 9(a) of these Terms.
Product Descriptions means the descriptions of the features and deliverables of the available Growth Products at https://www.immutable.com/legal/growth-product-overview (or any successor URL), as may be updated by us from time to time in accordance with Section 2 of these Terms.
Prohibited Content has the meaning given in Section 13(a) of these Terms.
Protocol means the layer 2 Ethereum Blockchain software known by the style of 'Immutable zkEVM' and incorporating the APIs, SDKs, Smart Contracts, and Back-End Infrastructure.
Quests means a quest, mission or task associated with your Game which end users can complete.
Renewal Period means the period specified in the Ordering Document.
Resources has the meaning given in Section 19 of these Terms.
Sanctions List means a sanctions list or equivalent maintained by the United National Security Council (UNSC), the United States Department of the Treasury's Office of Foreign Assets Control (OFAC) and/or the Australian Government Department of Foreign Assets and Trade (DFAT) or any other applicable regime.
Sanctioned Jurisdiction means a jurisdiction against which any of Australia, the United States, the United Nations or United Nations Security Council have imposed, administered or enforced sanctions.
SDK means software development kit.
Smart Contract means a system of software code running on the Ethereum blockchain, the Protocol or any other compatible blockchain that automatically executes part or all of a transaction.
Subscription Term means the Initial Term and any Renewal Period.
Update has the meaning given in Section 28(a) of these Terms.
Weekly Points means the points issued and managed by us through the Immutable Play platform in connection with Quest Boost and other eligible Growth Products.
PART 2 — AUDIENCE TERMS
The following terms apply only where you access or use the Audience product.
25. Do these terms apply to you?
This Part 2 applies to you if you access or use the Audience product, whether you have done so:
(a) pursuant to an Ordering Document that includes a subscription to Audience; or
(b) by registering for or activating access to Audience directly through our website or platform interface, without a separate Ordering Document.
In either case, your access to and use of Audience constitutes your agreement to be bound by this Part 2. If you are unsure whether this Part 2 applies to you, please contact us at notices@immutable.com.
This Part 2 supplements Part 1 (General Terms). In the event of any inconsistency between this Part 2 and Part 1, this Part 2 will prevail to the extent of the inconsistency, in accordance with Section 1(d).
26. Access and Acceptable Use
(a) Authorised Users: Access to Audience is limited to the individuals you authorise to use the platform on your behalf ('Authorised Users'). You are responsible for: (i) ensuring that the number of Authorised Users does not exceed any limit specified in your Ordering Document or at the time of registration; (ii) maintaining the confidentiality of all Authorised User login credentials and preventing unauthorised access; and (iii) all acts and omissions of your Authorised Users in connection with Audience. You must notify us promptly if you become aware of any unauthorised access to or use of your account.
(b) Data Upload Warranty: Where you upload, import, or otherwise provide us with data relating to your users or prospective users through Audience, you represent and warrant that: (i) you are an authorised representative of the entity that collected the data and have full authority to upload it and to authorise its processing by us for the purposes contemplated by these Terms and the Data Sharing Terms; (ii) the data was collected and is being shared in compliance with all applicable laws and regulations, including all applicable data protection and privacy laws; (iii) where applicable law requires a marketing consent, a valid consent has been obtained from each data subject prior to upload, and that consent extends to the type of marketing activity for which the data is being provided; (iv) you will not upload data in respect of any individual who has withdrawn consent, opted out, or otherwise objected to receiving marketing communications; and (v) you will promptly notify us if you become aware that any data previously uploaded no longer satisfies the warranties in this section (including but not limited to where a data subject revokes or unsubscribes from a previously given marketing consent), and will provide us with instructions to delete or suppress that data.
(c) Acceptable Use: You must not use Audience to: (i) send unsolicited communications or engage in spam or deceptive marketing practices; (ii) upload, transmit, or process sensitive personal data as defined under applicable data protection or privacy law, unless expressly permitted in your Ordering Document; (iii) conduct any campaign or activity that violates applicable advertising standards, spam laws, or data protection laws; or (iv) use the platform in any manner that could damage, disable, overburden, or impair our systems or interfere with other customers' use of the platform.
(d) No reverse engineering: You must not (and must not permit any third party to) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Growth Products, or access the Growth Products by automated means (including scraping, bots, or crawlers) except to the extent expressly permitted by these Terms or applicable law that cannot be excluded by agreement.
27. AI Features
(a) Certain components of Audience may include features powered by artificial intelligence or machine learning, such as an AI copilot designed to provide insights, recommendations, or content suggestions (together, "AI Features"). You acknowledge that AI Features are provided "as is" and are intended for informational purposes only. We do not warrant the accuracy, completeness, reliability, or appropriateness of any information, recommendations, or content generated by the AI Features ("Output").
(b) Your use of AI Features is subject to any third-party 'Acceptable Use Policies' we notify you of, and you must not use AI Features to generate content that is illegal, harmful, or violates third-party IP.
(c) You are solely responsible for: (i) independently verifying the accuracy of any Output before taking action; (ii) ensuring that your use of any Output complies with applicable laws and does not infringe third-party rights; and (iii) all decisions, marketing strategies, or game modifications made in reliance on the AI Features.
(d) AI Features may occasionally produce biased, incorrect, or offensive Output. You agree that we are not liable for any damages or losses resulting from such Output or your reliance upon it.
28. Product Updates
(a) Updates and modifications: We may, from time to time, update, modify, enhance, or deprecate features or functionality of Audience and any other Growth Products (each, an 'Update'). Updates may include bug fixes, security patches, feature additions, or changes to existing features. We may implement Updates at any time without prior notice to you, provided that we will use reasonable efforts to: (i) notify you in advance of any Update that materially reduces the core functionality of a Growth Product you have subscribed to; and (ii) minimise disruption to your use of the platform during any planned maintenance or Update deployment.
(b) No reduction of core functionality: We will not make Updates that materially and permanently reduce the core functionality of a Growth Product without providing you with reasonable prior notice. If such a reduction occurs and we fail to remedy it within 30 days of your written notice to us, you may terminate the affected Growth Product subscription in accordance with Section 17(c).
(c) Beta features: We may, from time to time, make available features or functionality that are designated as "beta", "preview", "early access", or similar ('Beta Features'). Beta Features are provided "as is" and "as available" without warranty of any kind. We may modify, suspend, or discontinue Beta Features at any time without notice or liability. Beta Features do not form part of the core Growth Product functionality for the purposes of Section 28(b).
(d) No entitlement to specific features: Your subscription to, or activation of, Audience grants you access to the Audience platform as it exists from time to time. You have no entitlement to any specific feature, functionality, or configuration of the platform beyond what is expressly described in your Ordering Document (if any) at the time of subscription or activation.
PART 3 — OTHER TERMS
The following terms apply only where you have subscribed to Distribution Products or receive Channel Coaching.
29. Do these terms apply to you?
This Part 3 applies to you if your Ordering Document includes a subscription to one or more Distribution Products, or if we provide you with Channel Coaching as part of or alongside your Growth Product subscription. Distribution Products may be subscribed to in addition to, or separately from, the Audience product. Each section in this Part is self-contained and applies only to the product or service it describes — subscribing to one Distribution Product does not mean all sections in this Part apply to you.
The sections currently covered by this Part are:
- Section 30 (Quest Boost): applies if your Ordering Document includes a subscription to Quest Boost.
- Section 31 (Channel Coaching): applies where we provide Channel Coaching in connection with your subscription, whether or not it is separately itemised in your Ordering Document.
- Section 32 (Distribution Marketing): applies if your Ordering Document includes any Distribution Product involving KOL engagement or third-party channel activity, including X Boost or Twitch Boost.
This Part 3 supplements Part 1 (General Terms). In the event of any inconsistency between this Part 3 and Part 1, this Part 3 will prevail to the extent of the inconsistency, in accordance with Section 1(d).
30. Quest Boost
If your Ordering Document includes a subscription to Quest Boost, the following additional terms apply to your use of that product:
(a) Quests and Rewards: Quest Boost enables you to deploy Quests for your Game on Immutable Play or via your Game directly, through which end users may earn Weekly Points or other rewards upon completion. The design, milestones, and reward parameters for each Quest will be agreed between us as part of your Ordering Document or as otherwise agreed in writing.
(b) Weekly Points and Reward Pools: Weekly Points are issued and managed by us. We make no representations about the value, utility, or continued availability of Weekly Points. You are responsible for ensuring your Quests and associated rewards comply with all applicable laws, including any laws relating to prize promotions, lotteries, or digital assets in your relevant jurisdiction.
(c) Immutable Play Feature Tile: The terms of Section 10 (Immutable Play Platform) apply to your Game's feature tile on Immutable Play. Placement, timing, and duration of any feature tile remain subject to our reasonable discretion.
31. Channel Coaching
(a) Provision of Channel Coaching: From time to time, we may provide you with coaching related to your use of specific Growth Products across first and third-party channels ('Channel Coaching'). Channel Coaching may be provided as part of a Growth Product package, as a separately itemised service in your Ordering Document, or informally as part of our general customer support. In each case, the terms of this Section 31 apply.
(b) Nature of Channel Coaching: Channel Coaching is provided on a reasonable endeavours basis as a complement to the Growth Products. Unless explicitly agreed otherwise in a separate written agreement signed by both parties (such as an Ordering Document), Channel Coaching does not include any specific, guaranteed deliverables, service levels, response times, or outcomes.
(c) Disclaimer: You acknowledge and agree that any Channel Coaching, including any information, suggestions, or guidance provided by us or our representatives, is general in nature and does not constitute financial product advice, investment allocation advice, tax, accounting, professional marketing, technical, security, regulatory, or legal advice. We make no representations or warranties of any kind, express or implied, about the accuracy, suitability, reliability, or completeness of Channel Coaching for your specific purposes. Any reliance you place on Channel Coaching is strictly at your own risk, and, to the extent permitted by law, we will not be liable for any loss or damage (including but not limited to marketing spend or skewed analytics) arising from your use of or reliance on Channel Coaching. You are responsible for seeking your own independent legal and financial advice from appropriately licensed professionals. Any recommendations provided as part of Channel Coaching that are based on historical campaign data, prior results, or insights derived from other customers are provided for context only. Past performance and prior outcomes are not a reliable indicator of future results, and you acknowledge that you have applied your own independent judgment in deciding whether to act on any recommendation. You further acknowledge that Immutable and its affiliates may have a commercial interest in certain channels or products that may be recommended as part of Channel Coaching, and that you have considered this in evaluating any such recommendation.
(d) Fees: Any applicable fees associated with Channel Coaching will be specified in an Ordering Document. Where Channel Coaching is provided informally or as part of a broader Growth Product package without separate itemisation, no additional fee applies unless otherwise agreed in writing.
(e) Intellectual Property: All IP related to or arising from the provision of Channel Coaching, including any know-how, methodologies, derived data, or improvements developed by us, are owned by us in accordance with Section 9 (IP Ownership). Channel Coaching does not result in the creation of bespoke IP owned by you unless expressly agreed in a separate signed written agreement.
(f) Written Communications: Any written materials, session notes, summaries, or follow-up communications provided by us or our representatives in connection with Channel Coaching (including via email or messaging platforms) are provided for reference purposes only, do not constitute binding recommendations or commitments, and are subject to the disclaimer in Section 31(c) in the same way as any other Channel Coaching.
32. Distribution Marketing
This Section applies where your Ordering Document includes a Distribution Product that involves KOL engagement or the use of third-party channels, including X Boost and Twitch Boost.
(a) KOL Campaigns:
(i) You acknowledge that while we will align on messaging with you, the final content of any KOL campaign remains at our and the KOL's discretion to ensure authenticity. We may provide guidance to or remind KOLs of applicable advertising disclosure requirements, but you remain responsible for ensuring the overall marketing campaign for your Game complies with all laws applicable to you.
(ii) KOLs are independent third parties and not our employees or agents. To the extent permitted by law, we are not responsible or liable for any specific statement, act, or omission by a KOL.
(b) Third-Party Channels: Where a Distribution Product involves the use of third-party channels, we are not responsible for their availability, functionality, or policies. The delivery of marketing activities on such platforms is subject to their terms and operational status, and we are not liable for any failure to deliver caused by changes to platform policies or availability.