BIG MONK GAMES
Unified Terms of Service
A single set of terms for a growing portfolio of thoughtful software, creative tools, and AI-assisted experiences.
TERMS OF SERVICE
Effective date: July 13, 2026
Applies to Big Monk Games websites, web applications, mobile applications, software tools, APIs, and related services.
Contents
1. Introduction and Agreement
2. Accounts and Eligibility
3. AI Features
4. Creative Tools
5. User Content
6. Acceptable Use
7. Subscriptions, Credits, and Payments
8. Intellectual Property
9. Beta Features
10. Exports and Portability
11. Disclaimers
12. Limitation of Liability
13. Indemnification
14. Governing Law and Disputes
15. Changes to These Terms
16. Contact
1. Introduction and Agreement
1.1 Who we are
These Unified Terms of Service (the “Terms”) are a binding agreement between you and Michael Cozzolino, a New York sole proprietor doing business as Big Monk Games (“Big Monk Games,” “we,” “us,” or “our”). They govern your access to and use of our websites, web applications, mobile applications, software tools, APIs, documentation, content, subscriptions, and related services (collectively, the “Services”).
1.2 Acceptance
By accessing or using a Service, creating an account, starting a trial, purchasing a subscription or digital item, or clicking to accept these Terms, you agree to be bound by them and by our Unified Privacy Policy below. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization; “you” then includes both you and the organization.
1.3 Product-specific terms
A Service may present additional terms, feature notices, pricing, usage limits, platform rules, or safety disclosures. Those materials become part of these Terms when presented to you. If they conflict with these Terms, the more specific product or transaction term controls for that subject. Apple, Google, Stripe, and other distribution or payment platforms may also impose their own terms, which govern your relationship with those platforms.
1.4 Our operating philosophy
Big Monk Games builds software that helps people think, create, reflect, learn, and work. Our default position is simple: you retain ownership of what you create; we collect only what is reasonably needed to provide and improve the Services; we do not sell personal data; private user content is not used to train Big Monk Games AI models; and AI features are assistive tools, not professional advisers.
2. Accounts and Eligibility
2.1 Eligibility
You must be at least 13 years old to use the Services. If you are under the age of legal majority where you live, you may use the Services only with permission and supervision from a parent or legal guardian. A particular Service may require a higher minimum age because of its content, platform rating, or applicable law. The Services are not directed to children under 13.
2.2 Account creation
Some Services require an account; others permit limited guest use. Accounts may be created through email, Replit authentication, Clerk, Google Sign-In, Sign in with Apple, or another method identified in the Service. You must provide accurate information and keep it current. You may not impersonate another person, create accounts by automated means without authorization, or transfer an account in a way that defeats subscription or security controls.
2.3 Account security
You are responsible for safeguarding your credentials and for activity under your account, except to the extent caused by our failure to use reasonable safeguards. Notify us promptly through https://www.bigmonkgames.com/contact if you suspect unauthorized access. We may require verification before restoring access, exporting data, or processing a deletion request.
2.4 Suspension and termination
You may stop using a Service at any time and may delete your account through the in-product Delete Account control where available. We may restrict, suspend, or terminate access if we reasonably believe you violated these Terms, created security or legal risk, failed to pay amounts due, abused usage limits, or used the Services in a way likely to harm others or the Services. When practicable, we will provide notice and an opportunity to cure. Sections that by their nature should survive termination—including ownership, disclaimers, liability limits, indemnification, and dispute provisions—will survive.
3. AI Features
3.1 Assistive technology
Some Services use artificial intelligence supplied by Big Monk Games or third-party model providers, including OpenAI and Google Gemini, to generate text, analysis, suggestions, images, prompts, classifications, or other results (“AI Output”). AI features are designed to assist your judgment and creative process. They do not replace human judgment or qualified medical, mental-health, psychological, legal, financial, safety, or other professional advice.
3.2 No professional relationship
AI Output may be incomplete, inaccurate, outdated, biased, inappropriate, or confidently wrong. It is not a diagnosis, treatment plan, emergency resource, fiduciary recommendation, legal opinion, or guarantee of an outcome. Do not rely on AI Output for urgent, high-risk, or professional decisions. If you may be in danger or experiencing a medical or mental-health emergency, contact local emergency services or an appropriate crisis resource; do not wait for or rely on a Service.
3.3 Your responsibilities
You are responsible for evaluating AI Output before using, publishing, distributing, or acting on it. You must obtain any needed permissions, verify material facts, and apply appropriate human review. Do not submit confidential information belonging to another person or organization unless you have authority to do so.
3.4 Inputs and outputs
As between you and Big Monk Games, you retain your rights in prompts, files, journal entries, images, and other material you submit (“Input”). To the extent permitted by law, Big Monk Games assigns to you any rights it may have in AI Output generated specifically for you, subject to these Terms and third-party rights. AI-generated material may not qualify for intellectual-property protection, may resemble material generated for others, and is not guaranteed to be unique or non-infringing.
3.5 Model providers and training
We may transmit the minimum information reasonably needed to process your request to an AI service provider. We configure and contract for those services consistent with our privacy commitments where commercially available. Big Monk Games does not use private user content to train Big Monk Games AI models. Third-party providers process data under their own service terms and data-processing commitments, as described in our Privacy Policy.
4. Creative Tools
Creative Services may generate or edit skyboxes, environment maps, images, sprite sheets, animation frames, game assets, text, metadata, and related materials. You direct the creative process and remain responsible for your Inputs, selections, edits, and use of exported results.
4.1 Ownership and permitted use
You own the original content you upload and the edits and arrangements you create. Subject to payment of applicable fees and compliance with these Terms, you may use exported creative results for personal or commercial projects. We do not claim ownership of your project merely because our tools helped create or modify it.
4.2 Technical variability
Creative results may contain seams, artifacts, frame drift, distortion, color or exposure differences, inaccurate metadata, or incompatibilities with a particular engine, device, renderer, or workflow. Preview output may differ from higher-resolution output. You are responsible for testing assets in the intended environment and maintaining backup copies.
4.3 Rights clearance
You may not use a Creative Service to copy protected characters, brands, styles, likenesses, or other material in violation of law or third-party rights. The availability of a prompt, transformation, or export option does not mean the resulting use is lawful. You are responsible for releases, licenses, attribution, and other permissions required for your project.
5. User Content
5.1 Your content remains yours
“User Content” means Inputs, account content, journal entries, reflections, messages, uploads, generated assets, saved projects, feedback, and other material you submit to or create through a Service. As between you and Big Monk Games, you retain ownership of your User Content. These Terms do not transfer ownership of your User Content to us.
5.2 Limited license to operate the Services
You grant Big Monk Games a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and modify User Content only as reasonably necessary to provide, secure, troubleshoot, support, and improve the Services; comply with your instructions; enforce these Terms; and meet legal obligations. This license ends when the content is deleted from active systems, except for limited backup retention, legal preservation, de-identified data, and content you intentionally made public or shared with others.
5.3 Private and public content
Content is private unless a Service clearly provides a public or sharing feature and you choose to use it. If you publish content to a gallery, community, shared link, or other public area, you grant us a license to display and distribute it through that feature until you remove it, subject to reasonable caching and archival limits. Do not publish sensitive information you do not want others to see or copy.
5.4 Feedback
If you voluntarily provide product suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or compensation, provided we do not publicly identify you as the source without permission.
5.5 Backups
We use reasonable operational safeguards, but the Services are not your system of record. Maintain independent copies of content that matters to you. Export features are provided to support that responsibility.
6. Acceptable Use
You may use the Services only lawfully and in accordance with these Terms. You may not, and may not help another person to:
violate any law, regulation, court order, contract, privacy right, publicity right, intellectual-property right, or other right;
create, solicit, distribute, or facilitate child sexual abuse material, sexual exploitation, non-consensual intimate imagery, credible threats, targeted harassment, stalking, or unlawful discrimination;
seek instructions to cause physical harm, defeat safety systems, create malicious code, steal credentials, or compromise networks, accounts, or devices;
submit content you do not have the right to use, or impersonate a person or falsely imply endorsement or affiliation;
scrape, crawl, harvest, probe, reverse engineer, bypass access controls, evade rate or credit limits, or interfere with normal operation, except to the extent a restriction is prohibited by law;
resell, sublicense, or provide shared access to a personal plan except through an expressly authorized business or API arrangement;
use automated systems to create excessive load, manipulate metrics, generate spam, or obtain more usage than your plan permits; or
use AI Output as the sole basis for decisions that produce legal or similarly significant effects on another person.
We may investigate suspected misuse and preserve or disclose information when reasonably necessary to protect users, the public, our rights, or the integrity of the Services, or to comply with law. Enforcement decisions may consider context, severity, repetition, and risk.
7. Subscriptions, Credits, and Payments
7.1 Plans and billing
Some Services offer free access, trials, subscriptions, season passes, usage credits, consumable purchases, or paid feature tiers. The checkout screen states the price, billing period, included usage, renewal terms, and applicable limitations. Taxes may be added where required. Prices and plan features may differ by Service, platform, region, or promotional offer.
7.2 Automatic renewal
A recurring subscription renews automatically at the interval shown at purchase until canceled. You authorize the applicable platform or payment processor to charge the payment method on file. Cancel before the renewal date through the same platform or account settings used to subscribe. Deleting an account does not necessarily cancel a third-party platform subscription; you must also cancel through Apple, Google, Stripe, or the applicable billing provider.
7.3 Trials
A trial converts to a paid subscription at the disclosed price unless canceled before the trial ends. Trial eligibility may be limited to new subscribers, one per person, account, household, device, or payment method, and may be withdrawn where abuse is suspected.
7.4 Credits and usage limits
Credits, render allowances, messages, generations, previews, exports, or other usage units are licensed access rights, not money or property. They have no cash value, may be limited by plan and billing period, and may expire or reset as disclosed. Unless required by law, unused units are non-transferable and non-refundable. We may use reasonable anti-abuse throttles and technical limits even for features described as unlimited.
7.5 Refunds
Purchases made through Apple or another app marketplace are subject to that platform’s refund process. Direct purchases are non-refundable except as required by law or expressly stated at checkout. If a paid Service is materially unavailable because of a verified issue within our control, contact support and we will assess an appropriate remedy, which may include restoration, replacement credits, extension, or refund.
7.6 Pricing changes
We may change prices or included features prospectively. For recurring subscriptions, changes take effect no earlier than the next renewal after any notice required by law or platform rules. Continued use after the effective date constitutes acceptance; you may cancel before renewal.
8. Intellectual Property
8.1 Big Monk Games materials
The Services—including software, interfaces, workflows, documentation, designs, trademarks, logos, and content supplied by Big Monk Games—are owned by Big Monk Games or its licensors and protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose.
8.2 Restrictions
Except as permitted by law or written authorization, you may not copy, modify, distribute, sell, lease, sublicense, publicly display, create derivative services from, or reverse engineer the Services. These restrictions do not prevent you from using and commercializing your own lawful exports as expressly allowed above.
8.3 Copyright complaints
If you believe material available through a Service infringes your copyright, send a notice through https://www.bigmonkgames.com/contact identifying the work, the allegedly infringing material and its location, your contact information, a good-faith statement, a statement under penalty of perjury that the notice is accurate and you are authorized to act, and your physical or electronic signature. We may remove material and terminate repeat infringers where appropriate.
9. Beta Features
We may identify features as alpha, beta, preview, experimental, early access, or similar (“Beta Features”). Beta Features may be incomplete, changed, suspended, or discontinued without notice; may have lower security, reliability, compatibility, or support commitments; and may lose or reset data. Do not use them for production-critical, safety-critical, or irreplaceable work. Unless separately agreed, Beta Features are provided without service-level commitments and at your own risk. Feedback about a Beta Feature may be used as described in Section 5.4.
10. Exports and Portability
Where supported, you may export User Content in formats made available by the Service. Examples may include images and cubemaps from creative tools; images and JSON anchor data from spatial or scene tools; and text, CSV, JSON, or similar records from reflective, journaling, analytics, or cognition tools. Export availability, format, resolution, and frequency may depend on the Service and plan.
You are responsible for downloading exports before deleting an account or allowing a subscription to lapse if a feature requires paid access. We do not guarantee that exports will preserve every internal setting, relationship, model state, or third-party dependency, or that another product will import them. Exported files may contain sensitive information; store and share them securely.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, AI OUTPUT, CREATIVE OUTPUT, BETA FEATURES, CONTENT, AND EXPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BIG MONK GAMES AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND RESULTS.
We do not warrant that the Services will be uninterrupted, error-free, compatible with every device or platform, or free of harmful components; that content will be preserved; that AI or prediction features will be accurate; that creative output will be unique, copyrightable, or suitable for production; or that reflective or educational features will improve health, wellbeing, cognition, performance, or any other outcome.
Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you. Nothing in these Terms limits rights that cannot lawfully be waived.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIG MONK GAMES, ITS OWNER, LICENSORS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITIES; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM RELIANCE ON AI OUTPUT, CREATIVE OUTPUT, PREDICTIONS, OR USER CONTENT, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BIG MONK GAMES AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BIG MONK GAMES FOR THE AFFECTED SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100.
These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not apply to liability that cannot be limited by law, which may include liability for fraud, intentional misconduct, gross negligence, or personal injury caused by negligence in some jurisdictions.
13. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Big Monk Games, its owner, licensors, service providers, and affiliates from third-party claims, damages, judgments, losses, liabilities, costs, and reasonable attorneys’ fees arising from: (a) your User Content; (b) your use or misuse of the Services or exported material; (c) your violation of these Terms or law; or (d) your infringement or violation of another person’s rights. We will provide reasonable notice of a covered claim and may control the defense and settlement. You may not settle a claim in a way that admits fault by or imposes obligations on an indemnified party without written consent. This section does not require a consumer to indemnify us for our own unlawful conduct.
14. Governing Law and Disputes
14.1 Informal resolution
Before filing a legal claim, you and Big Monk Games agree to make a good-faith effort to resolve the dispute informally. Send a written description of the issue and requested resolution through https://www.bigmonkgames.com/contact. Either party may proceed after 30 days if the dispute is not resolved. This requirement does not prevent either party from seeking urgent injunctive relief or using an eligible small-claims process.
14.2 New York law and venue
These Terms and any dispute arising from them or the Services are governed by the laws of the State of New York, without regard to conflict-of-law rules. Unless applicable consumer law requires otherwise, the state and federal courts located in Albany County, New York will have exclusive jurisdiction, and you consent to their personal jurisdiction and venue. Mandatory consumer protections of your home jurisdiction remain available where they cannot lawfully be waived.
14.3 Time to bring claims
To the extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within one year after the claim arose; otherwise it is permanently barred. This limitation does not apply where law requires a longer period.
14.4 General terms
These Terms, the Privacy Policy, and applicable product-specific terms are the entire agreement regarding the Services. If a provision is unenforceable, it will be modified only as much as necessary and the remainder will continue. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, sale, or transfer of the relevant business or assets. No third party is a beneficiary except where platform terms expressly provide otherwise.
15. Changes to These Terms
We may update these Terms to reflect new Services, changed practices, legal requirements, security needs, or business operations. We will post the revised Terms with a new effective date and, for material changes, provide additional notice through the Service, by email, or by another reasonable method. Changes apply prospectively. If you do not agree to revised Terms, stop using the Services and cancel recurring subscriptions before renewal.
16. Contact
Big Monk Games is operated by Michael Cozzolino, a New York sole proprietor doing business as Big Monk Games. For legal, support, privacy, copyright, account, or accessibility questions, contact us through:
https://www.bigmonkgames.com/contact
Please include the relevant Service, account email (if applicable), and enough detail for us to understand the request. Do not include passwords, payment-card numbers, or unnecessary sensitive information.
