AI Features and Generated Content Terms
Effective date: September 28, 2026
The short version
- You own what you make. As between you and Summer, we assign to you whatever rights we may have in the Generated Content our AI Tools produce at your direction, subject to the platform license you already granted us and to third parties' rights.
- We do not train models on your projects, your Prompts or your AI conversations. Ever, unless you join a separate opt-in program. There are two: one for Summer's own models (you can leave, and we stop using your content for future training) and one for public datasets (once released, that cannot be undone, and we say so in capitals).
- AI output is not guaranteed original or non-infringing. Similar output may be generated for other users. Clearing your commercial uses is your job.
- Purely AI-generated material may not be protectable by copyright. Your platform obligations, including the Network Share, are contractual and apply either way.
- Summer Passport does not move an item between Games. For the same Player, it generates a new, related item in the receiving Game. Nothing is charged, nothing is transferred, and every Passport Item shows where it came from. Passport tiers and origin marks are set by automated, published criteria. Nothing carries Summer's approval; featuring a Game is promotion after publication, not approval.
- If you put an AI character in your Game, the Platform tells Players it is AI. You must not hide that.
- If you are 13 to 17, you cannot buy Sparks or make real-money purchases inside Summer Games. Summer Engine subscriptions and AI usage plans are a separate matter: they are governed by the Subscription Terms and these AI Terms exactly as before, and that rule does not change them.
- Player terms, privacy and refund policies live at summer.games.
1. What these Terms cover, and definitions
1.1 The parties and the agreement. These AI Features and Generated Content Terms (these "AI Terms") are between you and Summer Labs, Inc., a Delaware corporation with offices at 2810 N Church St, STE 89812, Wilmington, DE 19802, United States ("Summer", "we", "us"). These AI Terms are Additional Terms under, and are incorporated into, the Summer Games Terms of Service. If these AI Terms conflict with the Summer Games Terms of Service on a subject specific to the AI Tools, Prompts, Generated Content or Summer Passport, these AI Terms control for that subject. On every other subject, including dispute resolution, disclaimers and limitations of liability, the Summer Games Terms of Service controls.
1.2 When these Terms apply. These AI Terms apply whenever you use any AI Tool, submit any Prompt, receive or use any Generated Content, publish a Game or Mod that includes Generated Content or an AI character, or enable, configure or use Summer Passport in a Game you create or play. If you do not agree, do not use the AI Tools.
1.3 Defined terms. Capitalized terms not defined here have the meanings given in the Summer Dictionary, including Account, Creator, Player, User, Game, Mod, Original Creator, Modder, Virtual Content, Sparks, Purchased Sparks, Earned Sparks, Game Points, Summer Creator Program (the "Creator Program"), Program Payment, Creator Rate, Network Share, Passport Item, Platform, Services, Engine, Editor, Exported Game, Hosting Services, Content Maturity Label, Parent Account, Additional Terms and Fee Schedule.
1.4 Core definitions for these AI Terms. Maintained canonically in the Summer Dictionary and restated here:
1.4.1 "AI Tools" means the features of the Platform, the Engine, the Editor, the CLI and the MCP Server that use machine learning models to generate, transform, complete, analyze or converse about content, including text and dialogue generation; code and script generation; image, texture and concept art generation; 3D model, material and animation generation; audio, music, sound effect and synthetic voice generation; video and motion generation; scene layout and gameplay logic assistance; in-Editor assistants and agents; AI-driven non-player character behavior; and the Summer Passport generation system in Section 8. A feature is an AI Tool whether the model is Summer's or a Third-Party Provider's.
1.4.2 "Prompt" means any input you provide to an AI Tool, including text, chat messages, images, audio, video, code, project files, scene data and gameplay data supplied as context, and any material the AI Tool reads from your project at your direction.
1.4.3 "Generated Content" means the output an AI Tool produces in response to a Prompt, in whatever form, including Passport Items generated under Section 8.
1.4.4 "Foundation Model" means a machine learning model trained on broad data at scale and adaptable to many downstream tasks, whether developed by Summer, an affiliate or a Third-Party Provider. "Training" includes pre-training, continued pre-training and fine-tuning the generative capabilities of such a model.
1.4.5 "Training Contribution Programs" means the two voluntary programs in Section 5.5: the Summer Model Program and the Open Dataset Program.
1.4.6 "Third-Party Provider" means a third party whose Foundation Model, generation service or content safety service Summer uses to provide an AI Tool.
2. Your license to use the AI Tools
2.1 License grant. Subject to these AI Terms, the Summer Games Terms of Service and the AI Acceptable Use Policy, Summer grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the AI Tools, solely (a) to create, edit, test and operate Games, Mods, Virtual Content and other content for the Platform and for projects you build with the Engine and the Editor, including Exported Games, and (b) as a Player, to interact with AI features that Creators or Summer make available within Games.
2.2 Conditions. Your license is conditioned on all of the following: (a) you use the AI Tools only in compliance with the AI Acceptable Use Policy; (b) you do not attempt to reverse engineer, extract the weights or architecture of, or circumvent the safety systems, content filters, provenance marks or rate limits of any Foundation Model or AI Tool, except where this restriction is prohibited by law; (c) you do not use the AI Tools or their outputs to build, train or improve a competing generative model or service, and you do not use outputs as training data for any model outside the Platform except on your own content or as Summer expressly permits in writing; and (d) you do not resell, sublicense or give third parties programmatic access to the AI Tools except through interfaces and on terms Summer permits under the Developer Tooling and API Terms.
2.3 Quotas, credits and fees. Summer may meter the AI Tools, impose rate limits and quotas, offer paid generation capacity and change metering at any time. Fees, included allowances and overage rates are stated in the Fee and Rates Schedule or, for subscription plans, the Subscription Terms. Unused generation allowances have no cash value, are not Sparks and expire as stated there. A Creator may elect under the Creator Program Terms to receive platform credit for Eligible Earned Sparks at the Creator Rate; credit so received is service credit, is spendable only on Services such as AI generation and hosting, and can never again be the basis of a Program Payment. Unpaid overage is recovered only as Section 10.4 of the Summer Games Terms of Service allows: never from Purchased Sparks and never by locking your Account. Paid generation capacity, overage and subscription plans are governed by these AI Terms and, for subscription plans, the Subscription Terms; the age-of-majority rule in Section 2.4 is limited to Sparks and real-money purchases inside Summer Games and does not apply to them.
2.4 Eligibility and minors. The AI Tools are available only to Users with an Account in good standing who meet the Platform's minimum age of 13. Summer may restrict particular AI Tools, including open-ended conversational features and companion features, for Users under 18, and applies default limits and parental controls for them as described in the Parent Account Terms, the Content Maturity Policy and the AI Conversation and Recording Notice. A parent or guardian who has accepted the Summer Games Terms of Service for a User aged 13 through 17 accepts these AI Terms on the same basis. Only Users who have reached the age of majority in their jurisdiction or state of residence may buy Sparks or make real-money purchases inside Summer Games; this is the rule in Section 8 of the Summer Games Terms of Service, and it is limited to Sparks and Summer Games purchases. Paid generation capacity, overage and Summer Engine subscription plans are not covered by that rule: they are governed by these AI Terms and the Subscription Terms, unchanged, including any path those terms provide for a parent or guardian to buy, or for a User aged 13 through 17 to hold, a subscription. Absent such a plan, an Account registered to a User aged 13 through 17 uses the AI Tools within the included allowances stated in the Fee and Rates Schedule. Included allowances are not Sparks (Section 2.3); whether such an Account may hold and spend Sparks that Summer itself grants under the Promotions and Sweepstakes Rules is governed by the Summer Games Terms of Service and those Rules, not by these AI Terms. [Reserved. Teen Sparks Allowance. Summer may later permit a Parent Account holder to fund a capped allowance of Sparks for a linked teen Account, subject to age assurance and the Parent Account Terms. Any such allowance would be an allowance of Sparks only; it would not reach Summer Engine subscriptions or AI usage, which are governed as stated above. No such program exists at launch.]
2.5 Experimental features. AI Tools labeled experimental, preview or beta are provided under the Beta Program Terms in addition to these AI Terms, may change or be discontinued without notice, and may produce lower-quality or less-filtered output. Summer has no obligation to release a production version of any experimental AI Tool.
2.6 Suspension and revocation. Summer may suspend or revoke your access to any AI Tool immediately and without prior notice if Summer reasonably believes you have violated these AI Terms or the AI Acceptable Use Policy, if a Third-Party Provider's policies require it, if required by law, or to protect the safety or integrity of the Services. Suspension of AI Tools does not affect your ownership of Generated Content already created, your project files or your export rights under the Summer Games Terms of Service.
2.7 No obligation to provide AI Tools. The AI Tools are features of the Services, not a separate product you purchased. Except as a paid plan under the Subscription Terms expressly states, Summer does not promise that any particular AI Tool, model or capability will remain available.
3. Prompts
3.1 You keep your rights in your Prompts. As between you and Summer, you retain all right, title and interest you have in your Prompts.
3.2 Operational license to Summer. You grant Summer a worldwide, non-exclusive, fully paid-up license, for the period in Section 3.5, to host, store, reproduce, transmit, process, technically adapt (tokenizing, embedding, resizing, transcoding) and display your Prompts, and to disclose them to Third-Party Providers acting on Summer's behalf, solely to: (a) operate the AI Tools and provide the output and Services you request, including maintaining conversation and project context; (b) protect safety and security, including detecting and preventing violations of the AI Acceptable Use Policy, the Summer Games Community Standards and the Child Safety and CSAE Policy, investigating abuse and complying with legal obligations, including mandatory reporting; (c) keep records of AI Tool usage as described in the AI Conversation and Recording Notice and the Data Retention and Deletion Policy, including for enforcement, lawful requests under the Law Enforcement Guidelines, billing and quotas; and (d) debug, evaluate and improve the reliability, quality and safety of the AI Tools as, and only to the extent, Section 5 permits. This license does not permit Summer to train Foundation Models on your Prompts. Section 5 exclusively governs training.
3.3 What you must not put in Prompts. You must not submit in a Prompt: (a) personal information about another person without a lawful basis and, where required, that person's consent; (b) any information about a child under 13; (c) trade secrets or confidential information of a third party you are not authorized to disclose; (d) material that infringes another person's rights; (e) payment card numbers, government identifiers, credentials or other sensitive account data; or (f) material prohibited by the AI Acceptable Use Policy.
3.4 Privacy. Summer's collection and use of Prompts and AI conversation records that relate to an identifiable person are described in the Summer Games Privacy Policy, the AI Conversation and Recording Notice and, for state-specific rights, the US State Privacy Addendum. Where you act as a business processing others' personal data through the AI Tools, the Creator Data Processing Addendum applies.
3.5 Retention. Summer retains Prompts and AI conversation records for the periods in the Data Retention and Deletion Policy. Safety-flagged records may be retained longer as stated there. When you delete a project or close your Account, associated Prompts are deleted or de-identified on the schedule stated there, subject to legal holds and mandatory reporting.
4. Who owns Generated Content
4.1 Assignment to you. As between you and Summer, and subject to Sections 4.2 through 4.6, Summer assigns to you all right, title and interest, if any, that Summer may have in Generated Content created by an AI Tool at your direction within your projects, effective on generation. To the extent an assignment is ineffective for any portion, Summer grants you a perpetual, irrevocable, worldwide, fully paid-up, transferable, sublicensable license to use, reproduce, modify, distribute, publicly perform, publicly display and create derivative works of that portion for any purpose. Summer will, at your reasonable request and expense, sign documents reasonably necessary to evidence the assignment.
4.2 What the assignment is subject to.
4.2.1 The platform license. All Generated Content you store on, publish to or operate through the Platform is subject to the license you grant Summer in Section 11 of the Summer Games Terms of Service, including hosting, distribution, Passport generation, moderation and the Mod license where you enable Modding under the Network Share Schedule. Nothing here narrows that license.
4.2.2 Third-party rights. Summer assigns only what Summer may own. The assignment does not convey rights in: (a) third-party materials the output resembles or reproduces; (b) Asset Library assets, which remain under the Asset Library License Terms; (c) other Users' content, including source-Game content used by Summer Passport under Section 8; (d) trademarks, rights of publicity or personal data rights of any person; and (e) open source or third-party software components, governed by their own licenses as described in the Third-Party Software Notices.
4.2.3 No exclusivity. AI Tools generate output probabilistically. Identical or substantially similar output may be, and you should assume will be, generated for other Users. Summer makes no promise of uniqueness. The assignment applies only to the specific output generated at your direction; it gives you no rights in similar output independently generated for another User, and other Users' independently generated output does not infringe rights assigned to you.
4.2.4 No rights in the models or tools. You receive no rights in any Foundation Model, model weights, software, prompt templates, system prompts or other technology used to provide the AI Tools.
4.3 Copyright status of AI output. Under current United States law, material generated entirely by an AI system without sufficient human authorship may not be protectable by copyright, and protection for works combining human authorship with AI generation is unsettled. Summer makes no representation that any Generated Content is or will be protectable, registrable or enforceable against any third party.
4.4 Platform obligations apply regardless of copyright status. Your obligations and those of other Users under the Summer Games Terms of Service, the Network Share Schedule and these AI Terms are contractual and bind each User who agreed to them regardless of whether any content, including Generated Content, is protected by copyright. In particular, (a) publishing a Game containing Generated Content with Modding Enabled triggers the Mod license and the automatic Network Share like any other Game, and (b) a Modder's Network Share obligation applies whether or not the parent Game's content is copyrightable. You agree not to challenge these obligations on the ground that the relevant content is unprotected.
4.5 Output based on others' content. Where an AI Tool operates on content owned by another User (a Mod asset generated from an Original Creator's Game under the Mod license, or a Passport Item generated from a source Game under Section 8), the resulting Generated Content is assigned to you only as to Summer's interest, remains subject to the other User's rights and the applicable license conditions, and may be used only within the scope of those licenses, including the Network Share Schedule where applicable.
4.6 Your responsibility for use. You are responsible for reviewing Generated Content before you use, publish, sell or distribute it, as Section 7 describes.
5. AI training and your content
5.1 The default: no training on your content. Summer does not use, and does not permit Third-Party Providers to use, any of the following to train Foundation Models: (a) your private, unpublished projects and their contents; (b) your Prompts; (c) your AI conversations, including in-Editor assistant chats and in-Game AI character conversations; (d) your published Games, Mods and Virtual Content; and (e) your interaction data in the Editor or in play. The only path by which your content contributes to training is a Training Contribution Program you join under Section 5.5. This Section states the default for the entire Platform and controls over any broader license language elsewhere.
5.2 What the platform license covers. The content license in Section 11 of the Summer Games Terms of Service covers hosting, storage, distribution, operation, Passport generation, moderation, safety and the other purposes stated there. It does not grant training rights and Summer will not rely on it for training.
5.3 Safety and service processing that does occur. Without training Foundation Models, Summer processes content, Prompts and AI conversations to run the Platform: (a) running automated safety and moderation systems over Prompts and Generated Content, and improving those non-generative safety classifiers using content those systems flagged; (b) debugging and quality evaluation, including limited human review of Prompts and outputs that you submit with a support request, that safety systems flag, or that are sampled under access controls and confidentiality obligations described in the Summer Games Privacy Policy; (c) producing aggregated or de-identified statistics containing no User content; and (d) caching and storing outputs and intermediate representations needed to deliver the Services. None of this includes training the generative capabilities of any Foundation Model.
5.4 Retention of the default. If Summer ever proposes to change the default in Section 5.1, the change will be made only prospectively, only with prominent advance notice under Section 11, and only with a mechanism at least as protective as express opt-in consent for content already on the Platform.
5.5 The Training Contribution Programs. Summer offers two voluntary programs. Joining one is not joining the other.
5.5.1 Separate, express consent. Contribution requires a separate, affirmative, informed consent given through a dedicated flow for each program, distinct from Account creation and from acceptance of these AI Terms, given per project or per defined content set. Silence, default settings and continued use of the Platform are never consent. Participation is limited to Users who are 18 or older and who own or control all necessary rights in the contributed content.
5.5.2 The Summer Model Program. For content you contribute to the Summer Model Program, you grant Summer and its affiliates a worldwide, non-exclusive, fully paid-up license to reproduce, adapt, process and use that content to develop, train, fine-tune, evaluate and improve machine learning models operated by or for Summer, and to build internal training and evaluation datasets. This license is revocable prospectively under Section 5.5.5. Summer will not publish, sell or license contributed content itself to any third party under this program; Third-Party Providers may process it only as Summer's processors under Section 6.3.
5.5.3 The Open Dataset Program. For content you contribute to the Open Dataset Program, you grant Summer and its affiliates a perpetual, IRREVOCABLE, worldwide, non-exclusive, fully paid-up, transferable, sublicensable (through multiple tiers) license to reproduce, distribute, publicly perform, publicly display, modify, create derivative works of and otherwise use that content to build and publish training datasets under a permissive open license, to train and evaluate models, and to research and demonstrate model capabilities. Contributed content WILL BE RELEASED PUBLICLY under an open license, may be used by third parties including to train their own models, and, ONCE RELEASED, CANNOT BE RECALLED OR REMOVED from the published dataset or from copies held by third parties. Summer does not control released datasets and is not responsible to you for third parties' use of them. To the maximum extent permitted by law, you waive, and agree not to assert against Summer, its affiliates and their licensees, moral rights (including attribution and integrity) in contributed content for the uses licensed here.
5.5.4 Your representations. For each contribution you represent and warrant that: you own or control all rights needed to grant the license; the contribution does not include another person's personal data, likeness or voice without a lawful basis and any required consent; it does not include content owned by other Users (source-Game content, Mod content subject to an Original Creator's rights, Asset Library assets) unless the applicable license expressly permits training contribution; it is not fraudulent or deceptive; and it complies with the Summer Games Community Standards. Summer will filter contributions for sensitive data, but the contribution remains your responsibility.
5.5.5 Leaving a program and its limits. You may remove a project or content set from the Summer Model Program at any time in your Account settings. Removal is prospective: Summer will delete the content from its internal training corpora within 90 days and will not include it in future training or evaluation runs. Removal does not and cannot untrain, retrain or degrade models already trained on the content. There is no removal from the Open Dataset Program once a dataset containing your content has been released; before release, you may remove content in the same way. [On a verified deletion request, Summer removes contributed content that contains personal information from every dataset copy that Summer or its processors hold and from every future release; copies of a released dataset already held by third parties are outside Summer's control and cannot be recalled.] You accept these limits as an express condition of participating.
5.5.6 No compensation unless stated. Contribution is uncompensated unless a specific program offer states otherwise in writing. If a program ever pays, it credits Earned Sparks that are payable only as a Program Payment under the Creator Program Terms; no program pays money directly. Contribution generates no Network Share.
5.5.7 No waiver of remedies. Participation is at your own risk and Summer warrants nothing about the Training Contribution Programs, but nothing in this Section waives any remedy you have against Summer for Summer's breach of these AI Terms.
5.5.8 Exclusivity of this path. The Training Contribution Programs are the exclusive mechanism by which User content, Prompts or conversations may be used to train Foundation Models. No other setting, feature, promotion or document creates a training right unless it satisfies Section 5.5.1.
6. Third-Party Providers
6.1 Use of Third-Party Providers. Summer provides some AI Tools using Foundation Models and services operated by Third-Party Providers in these categories: (a) text, dialogue and code generation; (b) image and texture generation; (c) 3D asset and animation generation; (d) audio, music and synthetic voice generation; (e) video and motion generation; and (f) content safety classification. The current list, by category, is published at [FOUNDATION MODEL PROVIDER LIST URL] and in the Third-Party Software Notices.
6.2 Provider policies flow down. Your use of an AI Tool powered by a Third-Party Provider is also subject to that provider's usage policies as identified at [FOUNDATION MODEL PROVIDER LIST URL] and summarized in the AI Acceptable Use Policy. Where a provider's policy is stricter, the stricter rule applies to the affected AI Tool.
6.3 No-training commitments from providers. Summer contractually requires each Third-Party Provider that processes Prompts or User content to commit that it will not use that data to train its own models and to limit retention to what the service, safety and legal obligations require. Summer will not integrate a generative provider for Prompt or content processing without such a commitment. Summer remains responsible to you for the default in Section 5.1 regardless of which provider powers an AI Tool.
6.4 Provider changes. Summer may add, remove or substitute Third-Party Providers at any time; material changes are reflected at [FOUNDATION MODEL PROVIDER LIST URL]. A provider change is not a material change to these AI Terms so long as Section 6.3 is maintained.
6.5 No provider relationship. Third-Party Providers are Summer's vendors, not parties to these AI Terms; you have no direct contractual relationship with them through the AI Tools.
7. No warranty of non-infringement; your responsibilities; indemnities
7.1 How generative output works. Output may be inaccurate, incomplete, offensive, unsafe if used without review (including generated code), or similar or identical to existing works owned by third parties, and may unintentionally include third-party trademarks, characters, art styles, likenesses or voices.
7.2 No warranty. THE AI TOOLS AND ALL GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". WITHOUT LIMITING THE Summer Games Terms of Service, SUMMER MAKES NO WARRANTY THAT GENERATED CONTENT IS ACCURATE, ORIGINAL, PROTECTABLE, FIT FOR ANY PURPOSE OR NON-INFRINGING OF ANY THIRD PARTY'S COPYRIGHT, TRADEMARK, PATENT, RIGHT OF PUBLICITY OR OTHER RIGHT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
7.3 Your duty to review and clear. You are solely responsible for evaluating Generated Content before using, publishing, selling or distributing it, including in Exported Games. Before commercial use you should check output against known third-party works, characters, logos and marks; obtain licenses, consents or releases your use requires, including for any real person's name, likeness or voice; review generated code for security and correctness; and comply with the Fan Content Policy and the Summer Brand Guidelines where applicable.
7.4 Generation-time filters. Summer operates filters and technical measures at generation time designed to reduce output that reproduces known copyrighted works, well-known protected characters, real people's likenesses and voices, and content prohibited by the AI Acceptable Use Policy, and attaches provenance metadata where the format allows. These measures reduce risk; they do not eliminate it. You must not disable, bypass or defeat them, strip provenance metadata, or craft Prompts designed to elicit infringing output. A voice sample of a real, identifiable person is processed to generate or clone a voice only after the affirmative, logged consent described in the Age Check and Biometric Data Notice has been captured for that person; consent is never inferred from uploading the sample or from accepting these AI Terms, and no voice-cloning feature is offered before that consent capture exists.
7.5 Your indemnity. In addition to your indemnity under the Summer Games Terms of Service, you will defend, indemnify and hold harmless Summer, its affiliates and their officers, directors, employees and agents from any third-party claim and resulting damages, judgments, settlements, penalties and reasonable attorneys' fees arising out of: (a) your Prompts; (b) your use, publication, sale or distribution of Generated Content, on or off the Platform; (c) your violation of these AI Terms or the AI Acceptable Use Policy; and (d) your AI characters and AI features, including any suppression of the disclosures in Section 9. This Section does not apply to the extent a claim falls within Summer's indemnity under Section 7.6, if adopted.
7.6 Summer's limited indemnity. [RESERVED; not offered at launch] [Summer will defend you against a third-party claim that unmodified Generated Content, as delivered by an AI Tool, infringes the third party's copyright, and will pay resulting adverse final judgments or approved settlements, provided that: (a) you used the AI Tool with all generation-time filters enabled and did not attempt to bypass them; (b) your Prompt was not designed to elicit the allegedly infringing material and did not include the allegedly infringed work; (c) you did not know and had no reason to know the output was infringing; (d) you promptly notified Summer and gave Summer sole control of the defense and settlement; and (e) your use complied with these AI Terms. This indemnity is limited to [CAP] and is your exclusive remedy for third-party infringement claims about Generated Content.]
7.7 Limitation of liability. The limitations and exclusions of liability in the Summer Games Terms of Service apply to the AI Tools and Generated Content, including the caps stated there.
8. Summer Passport
8.1 What the Passport does. Summer Passport is an AI-powered cross-Game item system. When a Player uses the Passport to bring one of their own Passport Items into a participating receiving Game, the Passport does not transfer, copy or move any item, asset, file or property between Games. The AI Tools generate a new item in the receiving Game, thematically related to the Passport Item and adapted to the receiving Game's art style, rules and balance settings. That new item is new Generated Content and new Virtual Content within the receiving Game, licensed to the same Player.
8.2 Same owner only; no ledger entry; no charge. The Passport works only for the Player who holds the Passport Item. It never makes an item available to any other Player, and it cannot be used to give, trade, sell or lend a Passport Item or a generated item to anyone. A Passport generation writes no Sparks ledger entry and is never charged to the Player; generation costs are borne by the receiving Game's Creator through their own service credit or allowance. A generated item cannot itself be sold, traded or converted.
8.3 No property interest transfers. A Passport Item, like all Virtual Content, is licensed to the Player under the Summer Games Terms of Service; it is not property and has no cash value. The Player's license to the original item in the source Game and to the generated item in the receiving Game are separate licenses, each governed by the Summer Games Terms of Service and each subject to the availability and moderation of the respective Game.
8.4 Which items are Passport Items. A Creator designates, item by item in the catalog, whether a durable Virtual Content item is portable through the Passport. Consumables, Game Points and access passes are never portable. Whether a granted item is portable is fixed at the time the Player acquires it and does not change if the Creator later changes the catalog. A Game may designate at most [10] Passport Items. Passport tiers, including which tiers of Passport Items may be sold for Sparks and which may only be earned in play, are assigned by automated, published criteria only, and any eligibility check (for example on a Game's play history) applied before an item becomes portable is automated. No person at Summer approves an item or its Game before publication, and there is no label, patch, stamp or editorial tier that signals approval by Summer.
8.5 Source content license. To generate a receiving-Game item, the Passport processes content from the source Game (the item's appearance, name and descriptive attributes). The source Game's Creator licenses this use to Summer under Section 11.2 of the Summer Games Terms of Service, which expressly includes Passport generation. That license does not give the receiving Game's Creator or any Player any direct license to the source Game's assets; only the generated item exists in the receiving Game.
8.6 Origin record. Every Passport Item and every generated item carries an authenticated origin record showing the Game it came from, the Creator's display name and the date the Player acquired it, visible to any Player who inspects the item in any Game. Summer may mark items whose origin and rarity have been verified by Summer's automated systems. Any such mark is a machine-verified origin and rarity indicator assigned by automated, published criteria only; it is not an approval or endorsement of the item or its Game, and it is distinct from Featured (editorial promotion of a published Game or item, defined in the Summer Dictionary), which is not an item mark. Creators may not alter or obscure origin records. Creators and Players may report items whose origin appears falsified under the Summer Games Community Standards.
8.7 Receiving-Game configuration. A Creator controls Passport participation for each of their Games: whether the Game accepts incoming generations, category and content constraints, and how generated items behave. Changes apply prospectively and do not remove items already generated, subject to the Creator's ordinary content management rights.
8.8 No guarantees. Summer does not guarantee that any generation will succeed, that a generated item will have any particular appearance, rarity, function or value, that it will resemble the source item to any degree, or that any Game will participate. Because generations are never charged, a failed or blocked generation entitles no one to any credit or compensation.
8.9 Reversal of the originating spend. Passport permanence protects a Player against moderation, enforcement and retaliation; it does not survive reversal of the spend that acquired the original item. If that spend is refunded, charged back or reversed, the Player's license to the original item ends and every generated item derived from it is revoked in every receiving Game.
8.10 Moderation and removal. Generated Passport Items are subject to the same moderation as other Virtual Content. If Summer removes a purchased source item for a policy violation, the automatic credit provisions of the Refund and Billing Policy apply to the source purchase, and derived generated items are removed; a Creator's own choice to unpublish a source Game does not remove generated items.
8.11 Revocable feature. Summer Passport is a feature of the Services, not a commitment. Summer may modify, limit, suspend or discontinue it at any time. Discontinuation does not remove items already generated, but no further generations occur.
8.12 Ownership of generated Passport Items; revenue. As between Summer and Users, Generated Content the Passport produces in a receiving Game is treated under Section 4 as generated at the direction of the receiving Game's Creator, subject to the Player's Virtual Content license and the source Creator's rights in Section 8.5. Sales of Passport Items in a Game follow the Sparks split in the Fee and Rates Schedule; any Network Share attributable to Passport usage is as stated in the Network Share Schedule.
9. AI characters: Platform-rendered disclosure and Creator duties
9.1 The Platform discloses. Where a Game includes any character, companion, opponent, guide or agent whose dialogue or behavior is generated by AI at runtime (an "AI character"), the Platform renders, before or at the start of the interaction and in a form suited to the Game's Content Maturity Label audience, a disclosure that the character is AI, that its output is generated and may be inaccurate, and, for conversational features, that the Player is talking to an AI. The Platform also renders the platform-level safety interventions described in Section 9.3.
9.2 You must not undo it. You must not suppress, obscure, restyle, delay or contradict the Platform's disclosure or safety interventions; must not present an AI agent as a human Player or as a human in chat, matchmaking, lobbies or leaderboards; and must configure AI characters so that they do not deny being AI when a Player asks. You must add any further disclosure the law requires for your Game's audience or jurisdiction.
9.3 Safety protocols. AI characters and conversational features must comply with the Summer Games Community Standards and the Child Safety and CSAE Policy, including the mandatory protocols for conversations that touch on self-harm, suicide or abuse. Summer provides platform-level safety interventions (including classifier-triggered crisis-resource interstitials); you must not disable, suppress or interfere with them, and you must not instruct or configure an AI character to provide advice or encouragement concerning self-harm. Requirements specific to minors are in the Parent Account Terms and the Content Maturity Policy. For an AI character that is open-ended or companion-type (able to sustain a relationship-like conversation across topics rather than replying only about the Game), the Platform applies the following measures whatever the Game's Content Maturity Label: a User Summer knows to be a minor is reminded at least every three hours of continuing interaction to take a break and that the character is AI and not human; sexually explicit output to a User Summer knows to be a minor is blocked; and where a Player expresses suicidal ideation, suicide or self-harm, the conversation routes to the Platform safety response, which refers the Player to crisis service providers. You must not configure an AI character to defeat any of these measures.
9.4 No unauthorized real-person simulation. You must not deploy an AI character that simulates an identifiable real person (name, likeness or voice) without that person's documented consent and, for a deceased person, the consent of the rights holder where the law requires it. The Fan Content Policy does not authorize real-person simulation.
9.5 Recording notice. If your Game's AI features cause Player conversations to be processed or recorded, the platform-level notices in the AI Conversation and Recording Notice apply, and you must not misrepresent what is recorded or how it is used.
9.6 Third-party fees and terms. You are responsible for any third-party fees your AI features incur and for compliance with the applicable provider terms identified under Section 6.2.
9.7 Enforcement. Violations of this Section 9 are enforced under the Summer Games Community Standards and the Summer Games Terms of Service, up to removal of the Game and Account termination. Repeat or egregious violations of Section 9.2 or 9.3 may result in immediate removal without prior warning.
10. Copyright complaints about Generated Content
10.1 The DMCA Policy applies. Reports that Generated Content (including generated Passport Items) infringes copyright are received, processed and resolved under the DMCA and Intellectual Property Policy, using the same notice, takedown, counter-notice and restoration procedures as all other content. The AI origin of content does not change the procedure, and Summer does not pre-screen Generated Content for infringement before publication.
10.2 Repeat infringer policy. Users who repeatedly publish infringing content are subject to the repeat-infringer policy in the DMCA and Intellectual Property Policy, whether the content was AI-generated, hand-made or both. Deliberately prompting AI Tools to reproduce third-party works is treated as knowing infringement for enforcement purposes.
10.3 Effect of removal on purchases. If a takedown removes purchased Virtual Content, affected purchasers receive the automatic credit described in the Refund and Billing Policy. Earned Sparks attributable to removed infringing content are reversed, and amounts already paid are recovered only by netting against future Earned Sparks and Program Payments, as the Creator Program Terms describe.
10.4 No revenue-claim tool at launch. Summer does not operate a mechanism by which a rights holder may claim a share of a Game's earnings instead of requesting removal. If Summer later offers one, it will be described in a separate Additional Term reviewed by payments counsel because it would introduce a third payee.
10.5 Filter feedback. Summer may use the substance of validated takedowns to improve the generation-time filters in Section 7.4. This is safety processing under Section 5.3, not training.
11. Changes to these AI Terms; contact
11.1 How we change these AI Terms. Summer may update these AI Terms. For material changes Summer gives at least 30 days advance notice by email, in-product notice or both. Non-material changes may take effect on posting.
11.2 Your choices. If you do not agree to updated AI Terms, stop using the AI Tools before the effective date; your other rights under the Summer Games Terms of Service are unaffected. No update retroactively changes the training default in Section 5.1 except through Section 5.4, and no update retroactively revokes the assignment in Section 4.1 for Generated Content already created.
11.3 Version history. Summer maintains an archive of prior versions at https://summer.games/legal/archive.
11.4 Contact. support@summerengine.com, or by mail to Summer Labs, Inc., 2810 N Church St, STE 89812, Wilmington, DE 19802, United States.