Legal

Beta Program Terms

Effective date: September 28, 2026

The short version

  • The Beta Program is the invite-only creator onboarding running September and October 2026, before the public launch in November 2026. Everything in it is pre-release and provided as is.
  • We may reset, adjust or wipe Sparks balances, Game Points, Virtual Content and progression before launch. If you paid money for Purchased Sparks that get wiped, we re-grant them or refund you. If the Creator Program is live and you have accrued Earned Sparks, we carry them forward or make a final Program Payment at the then-current Creator Rate before any reset, gross, before any tax withholding the Creator Tax Addendum describes.
  • Only adults can buy Sparks during the beta. If you are 13 to 17 you can play, earn and build, and hold Sparks we grant you.
  • Founding-creator bonuses, if we offer them, are Earned Sparks paid from Summer's own share, for a limited time and on stated conditions. They never change the split or the Creator Rate, and they are separate from the Engagement Pool, which exists only if the Fee and Rates Schedule lists it as active.
  • You always keep your own project files and can export them in a Godot-compatible format, including when the beta ends.
  • Feedback you give us is ours to use. Your Games and project content are not feedback and stay yours.
  • Some features may be marked confidential. Do not talk about those publicly until we release them.
  • Player terms, privacy and refund policies live at summer.games.

1. What these Terms are

1.1 These Beta Program Terms (these "Terms") are between you and Summer Labs, Inc., a Delaware corporation, 2810 N Church St, STE 89812, Wilmington, DE 19802, United States ("Summer", "we", "us"). They govern your participation in the beta program described in Section 2 (the "Beta Program") and your access to any feature, service, build or environment Summer designates as beta, preview, early access, pre-release or experimental (each a "Beta Feature").

1.2 These Terms are Additional Terms under the Summer Games Terms of Service, which, with the Summer Games Privacy Policy, the Summer Games Community Standards and every document they incorporate, continue to apply. If these Terms conflict with the Summer Games Terms of Service on a subject specific to the Beta Program, these Terms control for that subject.

1.3 Capitalized terms not defined here (including Account, Creator, Player, Game, Mod, Virtual Content, Sparks, Purchased Sparks, Earned Sparks, Eligible Earned Sparks, Game Points, Summer Creator Program (the "Creator Program"), Program Payment, Creator Rate, Network Share, Passport Item, AI Tools, Generated Content, Platform, Services, Engine, Editor, Parent Account and Fee Schedule) have the meanings given in the Summer Dictionary.

1.4 By accepting an invitation, activating a Beta Feature, or continuing to use the Services during the Beta Program after notice of these Terms, you agree to them.

2. The Beta Program

2.1 The Beta Program is the invite-only creator onboarding period, currently scheduled from September 2026 through October 2026, ending on general availability of the Platform (targeted for November 2026) or on the earlier date Summer announces. Summer may extend, shorten, pause or restructure it at any time.

2.2 During the Beta Program Summer may give you pre-release access to the Platform, the Engine, the Editor, Hosting Services, AI Tools, Sparks, Game Points, the Creator Program, Passport Items, Network Share and any other Services, in unfinished form.

2.3 Invitations are personal to you and your Account. You may not sell, transfer, share or commercially exploit an invitation, access credential or invite code without Summer's written permission. Summer may revoke any invitation at any time.

2.4 Summer may designate individual features as Beta Features at any time, before or after general availability, by labeling them in the product, release notes or documentation. These Terms apply to every Beta Feature while it carries that designation.

3. Eligibility

3.1 You must have an Account in good standing and meet the eligibility requirements of the Summer Games Terms of Service, including the minimum age of 13. If you are 13 to 17, your parent or guardian must have accepted the Summer Games Terms of Service and these Terms for you under the Parent Account Terms. Only participants who have reached the age of majority in their jurisdiction or state of residence may purchase Sparks or make any other real-money transaction during the Beta Program, as Section 8 of the Summer Games Terms of Service provides. Participants aged 13 to 17 are not shown a purchase option and may hold and spend only Sparks that Summer itself grants where the Promotions and Sweepstakes Rules allow grants to their Accounts.

3.2 Participation in the Creator Program, including any Program Payment during the Beta Program, requires that you be at least 18 and satisfy the Creator Program Terms, including identity verification through Summer's identity verification provider (currently Persona), the Tax Forms the Creator Tax Addendum requires (a valid Form W-9 for US Creators, or Form W-8BEN or W-8BEN-E for non-US Creators, before your first Program Payment; without a valid form, backup withholding for US Creators or full 30 percent US withholding for non-US Creators applies as that Addendum describes) and a verified payout destination in your own name. Creators aged 13 to 17 may accrue Earned Sparks as a contingent entitlement during the Beta Program and may enroll after turning 18.

3.3 Geography. The Beta Program is offered to Players in the United States only. Creators may participate from any Supported Country under the Creator Program Terms. After the Beta Program, Players may buy Sparks in the countries on the Sparks purchase country list published in the Fee and Rates Schedule, as updated there (App Store Purchases in every launch country from launch day, including Japan, Brazil and Argentina; web checkout in the United States only at launch, other countries as each is cleared); the Beta Program's US-only Player rule does not carry into launch. In Japan, Sparks are sold from launch day through App Store Purchase, and Summer monitors the total unused Purchased Sparks balance held by Players in Japan against the Payment Services Act registration threshold (JPY 10,000,000 outstanding at the 31 March and 30 September test dates) and completes the prepaid payment instrument registration and deposit before that threshold is reached, as the Regional Schedule for Japan states; until then Summer is within the exemption. The founding-creator cohort includes non-US Creators, who participate from any Supported Country from day one.

3.4 Summer may condition access to specific Beta Features on additional criteria and may suspend or revoke your participation at any time, with or without cause, as Section 12 describes.

4. Pre-release services provided as is

4.1 Everything in the Beta Program is pre-release and under active development. Beta Features may contain errors, defects, security vulnerabilities, incomplete functionality and inaccurate or missing documentation, and may cause loss of data, interruption of service, or incorrect behavior of Games, Mods, Virtual Content, the Sparks Ledger, analytics and Program Payments.

4.2 Beta Features are provided as is and as available, without warranties, as Section 13 states. Summer offers no service level, uptime or performance commitment for the Beta Program and no commitment that any Beta Feature will be available at any time or at all.

4.3 Summer may, but is not obligated to, provide support for Beta Features.

4.4 Nothing in these Terms is a commitment to release any Beta Feature, to release it in any particular form, or to launch the Platform on any date. Roadmaps and previews are informational only.

5. Changes, suspension and discontinuation

5.1 Summer may modify, suspend, limit or discontinue any Beta Feature or the entire Beta Program at any time, with or without notice and without liability, including changing feature behavior, pricing displayed for testing only, rates and splits shown in unpublished draft versions of the Fee and Rates Schedule or the Network Share Schedule, quotas, storage limits and access levels. Pricing displayed for testing only is labeled as a test value and is not shown on a screen where a real-money purchase can be completed; every real-money checkout during the Beta Program carries the point-of-sale license statement Summer shows before every Sparks purchase. This clause does not extend to a Creator Rate, threshold or split that has been published in the Fee and Rates Schedule: those change only as Section 11.2 and the Creator Program Terms provide, prospectively, on at least 30 days notice, never retroactively, and with a window to request a Program Payment at the pre-change rate.

5.2 Where a change would materially reduce your ability to retrieve your own project content, Summer will use commercially reasonable efforts to give advance notice and an export window under Sections 7 and 12.4.

6. Economy resets and data wipes

6.1 Reset right. At any time during the Beta Program and before general availability, Summer may, in its sole discretion, reset, adjust, recalculate, re-grant or wipe, in whole or in part: (a) Sparks balances, including Purchased Sparks and Earned Sparks; (b) Game Points; (c) Virtual Content, Passport Items, inventories and entitlements; (d) player progression, achievements, leaderboards, statistics and matchmaking data; (e) engagement metrics, analytics, discovery rankings and monetization metrics; and (f) test environments, staging data and sample content. Summer will use commercially reasonable efforts to announce economy resets in advance, targeting at least 14 days notice where practicable, but advance notice is not a condition of Summer's rights under this Section.

6.2 Purchased Sparks bought with money. If Summer wipes or resets Purchased Sparks you acquired for money during the Beta Program, Summer will, at its election, either (a) re-grant an equivalent quantity of Purchased Sparks to your Account, or (b) refund the amount you paid for the wiped Purchased Sparks under the Refund and Billing Policy. If the wiped Purchased Sparks were bought as an App Store Purchase, Apple decides refunds for that purchase under Apple's terms, so Summer remedies the wipe by re-granting an equivalent quantity of Purchased Sparks or by cooperating with Apple on a refund Apple issues, and never by a refund that duplicates one Apple has made. Purchased Sparks granted for free (promotional grants, test grants, beta stipends) may be wiped without re-grant, refund or other compensation.

6.3 Earned Sparks if the Creator Program is live. If the Creator Program is live during the Beta Program and Summer conducts a reset that would otherwise eliminate Earned Sparks you have accrued, Summer will, at its election, either (a) carry your accrued Earned Sparks forward through the reset, or (b) make a Program Payment for your Eligible Earned Sparks at the then-current Creator Rate before the reset takes effect, waiving the minimum and, at Summer's election, the maturation hold. If you are not eligible for Program Payments at the time of the reset (for example because you are under 18 or have not completed identity verification and the Tax Forms the Creator Tax Addendum requires), Summer will carry your accrued Earned Sparks forward under clause (a). Any payment under this Section is a Program Payment under, and has the character described in, the Creator Program Terms. A payment under this Section also carries the US federal tax treatment described in the Creator Tax Addendum: US withholding applies only to the US-Source Share, the Tax Forms are due before the first Program Payment, the payment is stated gross at the Creator Rate, and any legally required withholding is shown on your payment statement.

6.4 Nature of Sparks and Earned Sparks unchanged. Nothing in the Beta Program changes the nature of Sparks (the official currency of Summer Games, usable only to acquire Virtual Content and access within Summer Games; not a substitute for real currency; Sparks do not earn interest, have no equivalent value in real currency and cannot be exchanged for real currency; your right to use Sparks is a limited, revocable, non-transferable license, and no Player has a right to receive money for them) or of Earned Sparks (a separate instrument governed by the Creator Program Terms: a ledger record of a Creator's contingent entitlement to a Program Payment, not a license, not spendable, not property), as the Summer Games Terms of Service describe. No balance during the Beta Program is a deposit, an amount Summer keeps on your behalf, or a claim against Summer, and this Section creates none.

6.5 Data wipes. Summer may wipe or reset test Accounts, test Games, server state, saved games, social graphs created for testing, chat history and other Beta Program data. Section 7 survives any wipe.

6.6 No survival guarantee. Summer does not guarantee that any content, Game, Mod, Virtual Content, Sparks balance, Game Points, metric, ranking, follower relationship or other state created or accrued during the Beta Program will carry over to general availability, subject only to Sections 6.2, 6.3 and 7.

7. Your projects and portability

7.1 You keep your projects. You retain ownership of your Games, Mods and project content to the full extent described in the Summer Games Terms of Service. Participation transfers nothing to Summer.

7.2 Export commitment. During the Beta Program, and for at least 90 days after your participation ends for any reason (a wipe, your exit, termination, the end of the Beta Program, or discontinuation of the Platform), Summer will make available a mechanism to export your projects in a Godot-compatible format, as the Summer Games Terms of Service describe. This is a contractual commitment; it applies to your project source content as stored by you on the Platform and does not require Summer to reconstruct data lost to defects, wipes you were notified of, or your own deletions.

7.3 Keep local backups. Beta Features can lose data; keep current local copies of every project you care about.

7.4 Content licenses and AI training. Your content licenses to Summer during the Beta Program are those in Section 11 of the Summer Games Terms of Service: hosting, operation, distribution, moderation, safety and Passport generation. Summer does not train foundation or generative models on your content, Prompts or conversations; training happens only under the Training Contribution Programs in the AI Features and Generated Content Terms. Participating in the Beta Program is not an opt-in.

8. Feedback

8.1 "Feedback" means suggestions, ideas, bug reports, feature requests, survey responses, usability observations, benchmark results and other comments you provide to Summer about the Services, the Beta Program or any Beta Feature, in any channel. Feedback does not include your Games, Mods, Virtual Content, Game designs or other project content, which remain governed by Section 7.

8.2 License. You grant Summer a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, sublicensable and transferable license to use, reproduce, modify, adapt, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit Feedback for any purpose, without restriction, attribution or compensation.

8.3 No obligation. Summer has no obligation to use, respond to or keep confidential any Feedback. Do not include anything you consider confidential; if you must include project content to illustrate a bug, the license applies to that content only as needed to reproduce, diagnose and fix the issue.

8.4 Independent development. Summer may already be developing, or may later develop, things similar to your Feedback, without obligation to you.

9. Confidential Beta Features

9.1 Designation. Summer may designate specific Beta Features, builds, documents or communications as confidential by labeling them "Confidential Beta Feature", "Confidential" or similar ("Confidential Beta Information"). Summer designates Confidential Beta Information only to participants who are 18 or older; a participant aged 13 to 17 accepted through a Parent Account receives non-designated Beta Features only, and no obligation under this Section 9 rests on a minor's own assent. Unless designated, participation is not confidential and you may create content about, stream and discuss non-designated Beta Features.

9.2 Obligations. For Confidential Beta Information you will: (a) not disclose it to anyone other than Summer and other participants Summer has confirmed have the same access; (b) not publish screenshots, recordings, streams, benchmarks or descriptions of it; (c) use it only to participate and provide Feedback; and (d) protect it with at least reasonable care.

9.3 Exclusions. Confidential Beta Information does not include information that: (a) is or becomes public through no fault of yours (including when Summer releases or announces the feature); (b) you knew without confidentiality obligation before receiving it; (c) you receive from a third party without breach of an obligation to Summer; or (d) you develop independently without using it.

9.4 Compelled disclosure. You may disclose Confidential Beta Information to the extent required by law or court order, giving Summer prompt notice and reasonable cooperation where legally permitted.

9.5 Duration. Your obligations for each item continue until the earlier of (a) the date Summer makes it public and (b) two years after the end of the Beta Program.

9.6 Remedies. Unauthorized disclosure may cause Summer harm that money cannot remedy; Summer may seek injunctive relief in addition to other remedies, notwithstanding Section 15.

10. Beta conduct

10.1 The Summer Games Community Standards and the Content Maturity Policy apply during the Beta Program, including in beta-only spaces, test servers and event channels. 10.2 Do not exploit bugs. If you find a bug that grants Sparks, Game Points, Virtual Content, entitlements, Earned Sparks or other advantages, you must not exploit it and must report it. Summer may reverse ledger entries, remove content and adjust balances that result from exploits, in addition to its rights under Section 6. 10.3 Report security vulnerabilities through the Vulnerability Disclosure Policy, not publicly. 10.4 Do not use the Beta Program to build or benchmark a competing service using Confidential Beta Information.

11. The Creator Program and founding-creator bonuses during the Beta Program

11.1 Summer may, but is not obligated to, operate the Creator Program during the Beta Program. If it does, the Creator Program Terms, the Fee and Rates Schedule, the Network Share Schedule and the Creator Tax Addendum govern accrual of Earned Sparks (spend-based at launch; the Engagement Pool is reserved under Section 4 of the Creator Program Terms and exists only once the Fee and Rates Schedule lists it as active) and Program Payments, and Section 6.3 governs accrued Earned Sparks in any reset.

11.2 Rates, splits, thresholds and timing published during the Beta Program may be changed at or before general availability, prospectively only, as the Creator Program Terms and the Fee and Rates Schedule provide. Changes do not retroactively reduce amounts already paid or Program Payments already requested.

11.3 Founding-creator bonuses. Summer may offer founding-creator or other beta bonus programs. If it does: (a) the program is described in a published framework incorporated into the Creator Program Terms, stating its eligibility conditions, its duration and its cap; (b) bonuses are credited as Earned Sparks funded solely from Summer's platform share and are payable only as Program Payments at the Creator Rate under the Creator Program Terms; (c) bonuses are time-boxed, conditional and expirable, and never change the Sparks split, the Creator Rate or any other published economics; (d) eligibility requires complete compliance with the Summer terms at all times, and Summer may review, suspend or reclaim bonus Earned Sparks for abuse, including multi-accounting, alternate emails or devices, bots, impersonation or misrepresented affiliation, encouraging existing Players to open alternate Accounts, self-buying, or disproportionately high chargebacks, each of which Summer treats as fraud or misrepresentation under the forfeiture grounds of the Creator Program Terms, and any such reclaim is a forfeiture only on a ground listed in the Creator Program Terms; and (e) Summer may modify or end a bonus program prospectively on notice, without affecting bonus Earned Sparks already credited except under clause (d). No bonus is ever paid in money directly, and no bonus creates Purchased Sparks. Bonus payouts are Program Payments and carry the same tax treatment and withholding under the Creator Tax Addendum; the Creator Rate is a gross rate before any legally required withholding. Founding-creator bonuses are not the Engagement Pool: if the Fee and Rates Schedule lists the Engagement Pool as active during the Beta Program, Section 4 of the Creator Program Terms governs it; until then no Engagement Pool exists.

11.4 No guarantee of earnings. Building a successful Game is difficult and time-consuming. Participation in the Beta Program, the Creator Program or any bonus program is no promise of an audience, of Player spending, or that any Program Payment will become due. Once every published condition in the Creator Program Terms is met, the resulting Program Payment is an obligation of Summer, subject only to the forfeiture grounds listed there.

12. Term, exit and termination

12.1 Term. These Terms take effect when you first accept them or first access a Beta Feature and continue until the Beta Program ends, until the last Beta Feature you use loses its designation, or until terminated earlier under this Section.

12.2 Your exit. You may leave at any time by discontinuing use of Beta Features or by closing your Account under the Summer Games Terms of Service.

12.3 Suspension and termination by Summer. Summer may suspend or terminate your Beta Program participation, or access to any Beta Feature, at any time, with or without cause. If termination is for your breach, Summer may also exercise its enforcement rights under the Summer Games Terms of Service. Termination of beta access never removes your project files, your export rights or your Purchased Sparks.

12.4 Effect of end. When your participation ends: (a) your access to Beta Features ends; (b) the export window in Section 7.2 applies; (c) amounts properly accrued as Earned Sparks are handled under Section 6.3 and the Creator Program Terms; and (d) Sections 1, 6.4, 7.1, 8, 9, 13, 14, 15 and 16 survive, with any provision that by its nature should survive.

13. Disclaimer of warranties

13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BETA PROGRAM AND ALL BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SUMMER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SUMMER DOES NOT WARRANT THAT BETA FEATURES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT DATA WILL NOT BE LOST. 13.2 Some jurisdictions do not allow certain exclusions; nothing here limits rights that cannot be limited by contract.

14. Limitation of liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUMMER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF THE BETA PROGRAM OR ANY BETA FEATURE. 14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUMMER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE BETA PROGRAM AND THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS (USD 100) AND (B) THE AMOUNTS YOU PAID SUMMER FOR SPARKS AND OTHER PAID SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. For a claim you bring in your capacity as a Creator, the Creator liability cap in the Creator Program Terms applies instead of the cap in this Section 14.2. 14.3 The limitations do not apply to (a) Summer's obligations under Sections 6.2, 6.3 and 7.2, (b) refunds or credits owed under the Refund and Billing Policy, (c) undisputed Program Payments due under the Creator Program Terms, or (d) liability that cannot be limited under applicable law.

15. Dispute resolution and governing law

15.1 The dispute resolution provisions of the Summer Games Terms of Service apply to any dispute arising out of these Terms or the Beta Program (informal resolution period, individual arbitration under the AAA Consumer Arbitration Rules, small-claims carve-out, batch arbitration protocol, class action waiver, jury trial waiver and 30-day opt-out), incorporated by reference. 15.2 These Terms are governed by California law, without regard to conflict of laws principles. For matters not subject to arbitration, exclusive venue is the state and federal courts in San Francisco County, California.

16. General terms

16.1 Changes to these Terms. Summer may update these Terms during the Beta Program by posting the updated version and giving notice as the Summer Games Terms of Service describe. Material changes take effect on the stated effective date; continued participation is acceptance; if you do not accept, leave under Section 12.2. 16.2 Assignment. You may not assign these Terms; Summer may assign them to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets, subject to Section 7.2. 16.3 Entire agreement. These Terms, with the Summer Games Terms of Service and the documents incorporated into them, are the entire agreement about the Beta Program. 16.4 No waiver; severability. 16.5 Contact: support@summerengine.com, or by mail to Summer Labs, Inc., 2810 N Church St, STE 89812, Wilmington, DE 19802, United States.

Version 2026-09-28T20:00:48.333Z. Document hash cb41a250deadab86. Source of truth is the Summer Games Legal master; this page is its published text.

Summer Labs, Inc., 2810 N Church St, STE 89812, Wilmington, DE 19802, United States. Questions: support@summerengine.com. Player terms, privacy and refund policies live at summer.games.