Multiplayer Hosting Terms

Effective date: September 28, 2026

The short version

• We run the multiplayer servers so you do not have to. These terms cover Summer-hosted infrastructure for Games on the Platform and for Exported Games you publish elsewhere (for example on Steam).
• Publishing a Game includes a baseline allocation at no charge. Above it, hosting is usage-based, billed monthly in arrears under the Fee and Rates Schedule. You turn hosting on and off per Game. Fee-bearing hosting is for Creators who have reached the age of majority (18 in most US states) and for entities; the free baseline is open to every Creator in good standing.
• If you do not pay, we can set the over-limit Game to private, charge your payment method, and set off what you owe against your Program Payments and Earned Sparks. We never touch your Purchased Sparks, never debit your bank, and never lock your Account or your Players' items over a hosting bill.
• The Summer Games Community Standards apply to everything that runs on our servers, including Exported Games. No gambling services, no illegal content, no crypto mining or proxy abuse.
• Hosting is provided as is. We publish an uptime objective on our status page, but that is an objective, not a guarantee.
• If you leave (or we shut down), you can export your server data. That is a real commitment.
• Player terms, privacy and refund policies live at summer.games.

1. About these Terms

1.1 Parties. These Multiplayer Hosting Terms (these "Hosting 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"). Contact: support@summerengine.com.

1.2 What these Terms cover. These Hosting Terms govern your access to and use of the Hosting Services described in Section 2, whether used with a Game published on the Platform or with an Exported Game distributed outside it. Capitalized terms not defined here have the meanings given in the Summer Dictionary.

1.3 Relationship to the Terms of Service. These Hosting Terms are Additional Terms under, and incorporated into, the Summer Games Terms of Service, whose dispute resolution, disclaimer and limitation provisions apply except where these Hosting Terms expressly state otherwise. If these Hosting Terms conflict with the Summer Games Terms of Service with respect to the Hosting Services, these Hosting Terms control. Your use is also subject to the Summer Games Community Standards, the Developer Tooling and API Terms (programmatic access), the Creator Data Processing Addendum (where Section 8 applies) and the Fee and Rates Schedule.

1.4 Acceptance. You accept these Hosting Terms by enabling Hosting Services for a Game or an Exported Game, by using them, or by clicking to accept, whichever happens first. If you act on behalf of an entity, you represent that you have authority to bind it and "you" means the entity. Acceptance covers every Game you own.

1.5 Eligibility. The Hosting Services are available only to Creators. The baseline allocation in Section 2.2 is available to every Creator with an Account in good standing. To enable fee-bearing Hosting Services you must (a) have reached the age of majority in your jurisdiction or state of residence (18 in most US states) or be an entity, (b) maintain an Account in good standing, and (c) keep a valid payment method on file. Creators may use the Hosting Services from any country Summer supports; Players may buy Sparks only in the countries published as Sparks purchase countries on the Fee and Rates Schedule (for App Store Purchases, every launch country on that Schedule from launch day; for Summer's web checkout, the United States from launch day, further countries as that Schedule is updated). Summer may require identity verification where fraud or sanctions signals warrant it, and always before any Program Payment under the Creator Program Terms.

2. The Hosting Services

2.1 What we provide. Subject to these Hosting Terms, Summer makes available (collectively, the "Hosting Services"): (a) dedicated or shared multiplayer server instances that execute the server-side portion of a Game or Exported Game; (b) session orchestration, including provisioning, scaling, region selection and lifecycle management; (c) matchmaking and lobby services where enabled; (d) network relay and traversal for real-time game traffic; (e) server-side data storage associated with the hosted Game or Exported Game, such as player save data, session state, configuration and logs ("Server Data"); and (f) operational telemetry, metrics and log access for your hosted instances.

2.2 On-Platform Games. A baseline allocation of Hosting Services is included with publication of a Game on the Platform, as the Fee and Rates Schedule states. Usage above the baseline, and optional capabilities identified as fee-bearing there, are billed under Section 4.

2.3 Exported Games. You may use the Hosting Services to operate multiplayer infrastructure for an Exported Game, subject to the Exported Game Runtime License and Section 7. Hosting for Exported Games is fee-bearing from the first unit of usage unless the Fee and Rates Schedule states otherwise. An Exported Game is distributed outside the Platform; Summer is not its publisher, distributor or merchant of record.

2.4 What the Hosting Services do not include. (a) Sparks, Earned Sparks, Game Points sold for Sparks, Virtual Content purchases or any Platform commerce feature in Exported Games (Sparks cannot be purchased, earned or spent off the Platform); (b) content distribution through third-party stores; (c) Player support for Exported Games; or (d) professional services unless separately agreed in writing.

2.5 Third-party infrastructure. We may provide the Hosting Services using third-party cloud providers and may change providers, regions or architecture at any time, provided the change does not materially degrade the Hosting Services as a whole.

2.6 Beta features. Features identified as alpha, beta, preview or early access are provided as is, may contain known and unknown defects, may be changed or discontinued at any time, may be subject to the Beta Program Terms, are excluded from any uptime objective, and carry every restriction in these Hosting Terms. Summer has no obligation to make a beta feature generally available, with or without charge.

3. Enablement, capacity and fair use

3.1 Per-Game enablement. You activate and deactivate each Hosting Service per Game or Exported Game through a toggle in the Creator dashboard. Enabling a fee-bearing service for a Game is your instruction to bill that Game's usage.

3.2 Capacity and limits. We use commercially reasonable efforts to provision capacity, but capacity is finite. We may impose and change quotas, concurrency limits, instance sizes, region availability and rate limits, and may queue or throttle provisioning during high demand.

3.3 Fair use. You will not use the Hosting Services in a manner that materially exceeds the usage patterns of a comparable multiplayer game, as reasonably determined by us. Idle instance farming, artificial session inflation and workloads unrelated to serving real player sessions are prohibited (Section 6).

3.4 Your software and support. You are responsible for the operation, integration and support of the server-side code, configuration and content you deploy, and for keeping it compatible with supported Engine versions; Summer has no obligation to support your Game except as law requires. We may discontinue support for old Engine or runtime versions on reasonable notice. You are responsible for any third party you allow to access your hosted instances.

3.5 Maintenance. We may apply upgrades, patches and fixes. For scheduled maintenance we give commercially reasonable prior notice (targeting at least [48 hours]) through the Creator dashboard or status page and schedule it in low-usage windows; emergency maintenance may occur at any time without notice. You will use reasonable efforts to comply with notified requirements.

4. Fees and billing

4.1 Usage-based fees. You will pay the fees for fee-bearing Hosting Services set out in the Fee and Rates Schedule, which may include per-instance, per-hour, per-player-session, bandwidth and storage components. Fees are stated exclusive of Transaction Taxes (sales, use, value-added, goods and services, excise, gross receipts and similar taxes), which are added where Summer must collect them; you will provide tax identification information Summer reasonably requests and are liable for penalties arising from your own mis-declaration.

4.2 Payment method. You authorize Summer, directly or through its payment processor, to store your payment method and to charge it for fees when due, and you warrant that you have the right to use it. Summer may request identity or billing verification before accepting a payment method.

4.3 Billing in arrears; measurement. Fees are calculated from metered usage and billed monthly in arrears, with an electronic statement at the end of each calendar month, automatically charged at period end. Summer may invoice more frequently where there is non-payment risk or suspected fraud. Summer's measurement of usage is determinative absent manifest error; Summer provides a usage dashboard and near-real-time metrics so you can verify it, and may notify you when usage nears a cap you have selected, without any obligation to do so. Payment obligations for usage you incurred are non-cancellable.

4.4 Billing disputes and refunds. If you dispute a charge in good faith, tell us within [60] days of the statement date at support@summerengine.com. We will review it in good faith; if the inaccuracy is ours, we refund the disputed amount to your payment method (not as credit) or, at your election, as service credit. We do not extend credit, and no other refund or credit is available except under this Section or Section 11.5. We will not suspend or restrict, temporarily or permanently, your Account or your Hosting Services for reasons that include a good-faith dispute raised through this process.

4.5 Changes to fees. We may increase or introduce fees on at least [30] days notice through the Creator dashboard or email; changes apply prospectively to usage after the effective date. If you do not agree, your remedy is to disable the fee-bearing Hosting Services before the change takes effect.

5. Non-payment and recovery

5.1 What Summer may do. If fees remain unpaid when due, Summer may, in the order it reasonably chooses and with notice: (a) set the Game or Exported Game that incurred the fees to private, or disable its Hosting Services, until the amount is settled; (b) charge the unpaid amount to any payment method you have on file for the Hosting Services; (c) set off the unpaid amount against any Program Payment otherwise payable to you under the Creator Program Terms; and (d) debit Eligible Earned Sparks from your earned ledger in an amount equal to the unpaid fees, valued at the Creator Rate in effect at the time of the debit. Summer may also continue to accrue charges and recover reasonable collection costs and interest under Section 5.4.

5.2 Purchased Sparks are never used; no lock; no bank. Summer will not debit Purchased Sparks to recover hosting fees, will not debit your bank account or Payout Account, will not invoice or pursue collection against a consumer Creator for a negative earned balance except in cases of your fraud, and will not lock your Account, your access to your project files, your export rights, your Players' Virtual Content or your Purchased Sparks over an unpaid hosting fee. Nothing in this Section gives Sparks or Earned Sparks any equivalent value in real currency, creates any right to receive money for them, or makes any ledger balance an amount that Summer keeps on your behalf. A debit under Section 5.1(d) is an accounting set-off of a fee you owe Summer against a Program Payment Summer would otherwise make to you, consistent with the Creator Program Terms.

5.3 Suspension for non-payment. If undisputed fees remain unpaid [15] days after we notify you of the delinquency, we may suspend some or all of your fee-bearing Hosting Services (including for Exported Games) until the balance is paid, with advance notice where commercially reasonable and, where practicable, allowing in-progress sessions to end gracefully. Suspension under this Section never suspends your Account, the baseline allocation for other Games, your project files or your export rights.

5.4 Interest and collection costs. We may charge interest on overdue undisputed amounts at the lesser of 1 percent per month or the maximum rate permitted by law, plus reasonable collection costs, in each case recoverable only against a business Creator or through the channels in Section 5.1.

6. Acceptable use

6.1 General. You may use the Hosting Services only to operate the server-side components of a Game or Exported Game and directly supporting workloads. You are responsible for all activity through your hosted instances, whether by you, your team, your code or your players, and you will require your players to comply with this Section to the extent they can affect your instances.

6.2 Prohibited uses. You will not use the Hosting Services, or permit any third party to use them, to: (a) operate wagering, gambling, casino, lottery, sweepstakes-for-consideration or prize services of any kind, including games of chance played for anything of value, simulated casinos that accept real payment, skin or item gambling, and any mechanic in which Sparks, Earned Sparks, Game Points, Virtual Content or Passport Items are the stake, the prize or the currency of play; (b) operate any service that buys, sells, brokers, converts or trades those instruments, or any off-platform marketplace for them; (c) store, host, transmit or relay content that is illegal, infringes intellectual property rights (see the DMCA and Intellectual Property Policy) or violates the Child Safety and CSAE Policy; (d) abuse compute, network or storage resources, including cryptocurrency mining, proof-of-work computation, open proxies, VPN exit nodes, Tor relays, anonymization services, botnet command and control, mass scraping, message relay unrelated to game functionality, or reselling raw compute, storage or bandwidth; (e) launch, facilitate or test denial-of-service attacks or any attack on any network, including ours (security research is governed exclusively by the Vulnerability Disclosure Policy); (f) distribute malware or disrupt the Hosting Services, other Creators' instances or the Platform; (g) circumvent metering, quotas, safety systems, moderation or access controls, or misrepresent usage; or (h) violate applicable law, including export control and sanctions law, or use the Hosting Services in an embargoed territory or for a prohibited end use.

6.3 Community Standards apply, including to Exported Games. All content and conduct on infrastructure we operate must comply with the Summer Games Community Standards, regardless of where the game client is distributed. If your Exported Game uses the Hosting Services, the Summer Games Community Standards apply to content stored on, transmitted through or served from those Hosting Services and to conduct through them, even though the Exported Game is distributed off the Platform. If you do not want them to apply to your Exported Game's servers, do not use our Hosting Services to run them.

6.4 Moderation and enforcement. We use automated scanning and post-publication review to enforce this Section; we do not pre-approve content before deployment. We may investigate suspected violations, remove or disable violating content, suspend offending instances or sessions, and take Account-level action under the Summer Games Terms of Service. Where moderation removes purchased Virtual Content in an on-Platform Game, the automatic credit provisions of the Refund and Billing Policy apply.

7. Exported Games: your responsibilities as publisher

7.1 You are the publisher. For an Exported Game, you, not Summer, are the publisher and operator toward your players, and you are solely responsible for the game and its content; compliance with the store or channel terms you distribute through; your own end-user terms, privacy notice and refund handling; player support; age ratings; and compliance with all laws applicable to your game and its distribution.

7.2 Required player-facing disclosures. You will present to players of your Exported Game (a) an end-user agreement and privacy notice that accurately describe your use of Summer-operated Hosting Services to process player data and state that Summer is not the publisher and has no obligation to your players, and (b) any disclosures required by law or your distribution channel. You will not state or imply that Summer is the publisher of, or responsible for, your Exported Game.

7.3 No Sparks; no Game Points for Sparks. You will not implement, emulate or offer Sparks, Earned Sparks, Passport Items or Platform commerce in an Exported Game, will not sell your Exported Game's points or anything else for Sparks, and will not represent any off-platform currency, item or balance as connected to Sparks. Monetization of an Exported Game is your responsibility and occurs entirely outside the Platform economy; it is not a Paid Game in Summer's Paid Games lane.

7.4 Minors. If your Exported Game is directed to children or you have actual knowledge that children under 13 play it, you are responsible for your own compliance with the Children's Online Privacy Protection Act and similar laws as controller, including required parental consents. Summer's processing on your behalf is governed by the Creator Data Processing Addendum.

7.5 Indemnity. You will defend, indemnify and hold harmless Summer and its affiliates, officers, directors, employees and agents from any third-party claim and resulting damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of: (a) your Exported Game, its content or operation; (b) your breach of this Section 7 or Section 6; (c) your violation of law or third-party rights in connection with an Exported Game; or (d) your relationship with your players, distributors or stores. We will give you prompt notice and reasonable cooperation at your expense, and may participate in the defense with our own counsel. You will not settle in a manner that imposes obligations on us without our prior written consent.

8. Data protection

8.1 On-Platform Games: Summer is the controller. For Games published on the Platform, Summer determines the purposes and means of processing Players' personal information and is the controller (or "business" under US state privacy law), as described in the Summer Games Privacy Policy and the US State Privacy Addendum. Your access to Player data is limited to what the Platform exposes and is subject to Section 14 of the Summer Games Terms of Service and the Developer Tooling and API Terms.

8.2 Exported Games: you are the controller, Summer is your processor. For an Exported Game, you are the controller of your players' personal data processed through the Hosting Services, and Summer processes it on your instructions as processor (or "service provider"). The Creator Data Processing Addendum is incorporated and governs that processing, including confidentiality, security, subprocessors, assistance, and deletion or return at the end of the engagement.

8.3 Platform integrity data. Notwithstanding Section 8.2, Summer processes limited data from all hosted workloads (including Exported Game workloads) for its own security, anti-abuse, anti-cheat, billing, legal compliance and service integrity purposes, such as network metadata, abuse signals and metering records, as an independent controller, as described in the Summer Games Privacy Policy.

8.4 Security. We maintain administrative, technical and physical safeguards designed to protect Server Data, as the Creator Data Processing Addendum describes. You are responsible for the security of your own code, credentials and configurations, including secrets you deploy.

8.5 Data retention. Retention and deletion of Server Data follow the Data Retention and Deletion Policy and, for Exported Games, the Creator Data Processing Addendum and your documented instructions, subject to the export window in Section 12.

8.6 No training. Server Data and hosted content are never used to train foundation or generative models; training rights arise only under the Training Contribution Programs in the AI Features and Generated Content Terms.

9. Availability, maintenance and support

9.1 As is. The Hosting Services are provided as is and as available. We do not promise they will be uninterrupted or error free. 9.2 Uptime objective. We publish a monthly uptime objective for generally available Hosting Services on the status page in Section 9.4, measured across the service and excluding maintenance under Section 3.5, beta features under Section 2.6 and events outside our reasonable control. This is a good-faith operational objective, not a service level agreement, warranty or guarantee, and missing it is not a breach. 9.3 Service credits. [PLACEHOLDER: a service credits program is under evaluation. If adopted, credits will be defined in the Fee and Rates Schedule, will be the sole remedy for availability shortfalls, and will be issued as service credit, not money.] 9.4 Status and support. We operate a public status page at [STATUS PAGE URL] and provide Creator support through the channels in the Creator dashboard; response targets, if any, are in the Fee and Rates Schedule.

10. Changes to the Hosting Services

10.1 We may add, change or remove features. If a change materially reduces the core functionality of a generally available, fee-bearing Hosting Service you are actively using, we will use commercially reasonable efforts to give at least [30] days notice, except where a shorter period is required for security, legal compliance or third-party provider changes beyond our control. 10.2 We may modify these Hosting Terms as the Summer Games Terms of Service describe; material changes are notified at least [30] days in advance, and continued use after the effective date is acceptance. Non-material changes, feature updates and legally required changes may take effect immediately.

11. Term, suspension and termination

11.1 Term. These Hosting Terms apply from your first acceptance under Section 1.4 until terminated under this Section.

11.2 Suspension by Summer. If we become aware of a violation of Section 6 we may notify you and request correction; if you fail to correct within the period we state, we may disable, limit or suspend the affected Hosting Services until corrected. We may suspend immediately, without a cure period, where we reasonably believe suspension is required to comply with law or a governmental request we reasonably believe valid, to address a material security risk, to protect Users or third parties from imminent harm, or to avoid a substantial economic or technical burden on the Platform, or where your Account is suspended under the Summer Games Terms of Service. We give notice of the suspension and its reason where lawful and practicable, scope the suspension to what is reasonably necessary, and restore service promptly once the ground is resolved.

11.3 Termination by you. You may stop using the Hosting Services at any time and may terminate these Hosting Terms by disabling Hosting Services for all your Games and Exported Games. You remain liable for fees accrued through termination; your right to use ends immediately with no further charges; fees already paid are not refunded except under Section 4.4 or as the Refund and Billing Policy provides.

11.4 Termination by Summer. We may terminate these Hosting Terms, or Hosting Services for a specific Game or Exported Game: (a) immediately on notice for a violation of Section 6.2(a), (b), (c), (e) or (f), for a breach that cannot be cured, or where your Account is terminated for cause under the Summer Games Terms of Service; (b) for any other material breach not cured within [30] days of notice; (c) for non-payment after a failure-of-payment notice and expiry of the stated grace period; (d) if you cease to meet Section 1.5; or (e) for convenience on at least 90 days written notice, or on shorter notice if we discontinue the Hosting Services generally under Section 12.4. Termination of these Hosting Terms does not terminate your Account or the Summer Games Terms of Service, but termination or suspension of your Account terminates or suspends fee-bearing Hosting Services.

11.5 Effect of termination. On termination: accrued fees become due on the final statement; your right to use the Hosting Services ends, subject to Section 12; and Sections 4 through 8 (as to accrued obligations), 11.5, 12 through 18, and any provision that by its nature should survive, survive.

12. Data migration and export on exit

12.1 Portability commitment. We are contractually committed to content portability. You keep copies of your projects, and you can take your server-side data with you. 12.2 Export window. For at least 90 days after termination or expiration of Hosting Services for a Game or Exported Game (or after Account closure, whichever is later), we make available, at no charge beyond any pass-through data transfer costs in the Fee and Rates Schedule, self-service export of your Server Data, including player save data for which you are the controller, configurations and reasonably available logs, except to the extent we are legally prohibited; personal data exports for Exported Games are subject to the Creator Data Processing Addendum. 12.3 Formats. Exports are provided in machine-readable, commonly used formats and, where the data originates from Engine-native structures, in formats compatible with Godot 4. 12.4 Wind-down. If Summer discontinues the Hosting Services generally or winds down the Platform, we give at least 90 days advance notice where lawfully able and keep the export mechanisms available during that period. 12.5 Deletion. After the export window, we delete or de-identify Server Data under the Data Retention and Deletion Policy and, for Exported Games, the Creator Data Processing Addendum, except records retained for billing, legal or security purposes.

13. Intellectual property

13.1 Your content. As between you and Summer, you retain all rights in the code, content and Server Data you deploy to or generate through the Hosting Services, subject to the licenses in the Summer Games Terms of Service. You grant Summer a non-exclusive, worldwide, fully paid-up license to host, store, execute, reproduce, transmit and display that code, content and data solely as necessary to provide, secure and improve the Hosting Services and to comply with law. This license grants no training rights. 13.2 Our services. Summer and its licensors retain all rights in the Hosting Services, the Platform, the Engine and related software and documentation; no rights are granted except as expressly stated here, in the Summer Games Terms of Service and in the Exported Game Runtime License. 13.3 Feedback. If you give us feedback about the Hosting Services, we may use it without restriction or obligation to you; this does not extend to your content or to open source contributions.

13.4 Studio transfer of a Game. Before a Studio transfer of a Game to another Creator under the Creator Program Terms (Accounts themselves are never transferred; see Section 4.3 of the Summer Games Terms of Service), you must disable fee-bearing Hosting Services for the Game or settle any outstanding balance; Summer may decline to process the Studio transfer until you do.

14. Disclaimers

14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HOSTING SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND SUMMER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SUMMER DOES NOT WARRANT THAT THE HOSTING SERVICES WILL MEET THE UPTIME OBJECTIVE IN SECTION 9.2, THAT SERVER DATA WILL NOT BE LOST, OR THAT THE HOSTING SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR YOUR OWN BACKUPS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

15. Limitation of liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL 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, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) SUMMER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THESE HOSTING TERMS WILL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID FOR THE HOSTING SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY AND (II) ONE THOUSAND US DOLLARS (USD 1,000). 15.2 The exclusions and cap do not apply to: your payment obligations; your indemnity under Section 7.5; either party's infringement or misappropriation of the other's intellectual property; Summer's export obligations under Section 12; or liability that cannot be limited under applicable law, including for gross negligence, willful misconduct, fraud, death or personal injury. 15.3 The limitations apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose.

16. Dispute resolution

16.1 Any dispute arising out of these Hosting Terms or the Hosting Services is governed by the dispute resolution provisions of the Summer Games Terms of Service, including its informal resolution period, individual arbitration under the AAA Consumer Arbitration Rules, 30-day opt-out, small-claims carve-out, batch arbitration protocol, class action waiver and jury trial waiver, all incorporated by reference.

17. Governing law and venue

17.1 These Hosting Terms are governed by the laws of the State of California, without regard to conflict of laws rules. Subject to Section 16, the state and federal courts in San Francisco County, California have exclusive jurisdiction over any dispute not subject to arbitration, and the parties consent to personal jurisdiction and venue there.

18. General

18.1 Entire agreement. These Hosting Terms, with the Summer Games Terms of Service, the Fee and Rates Schedule, the Creator Data Processing Addendum and the other documents referenced here, are the entire agreement regarding the Hosting Services. 18.2 Assignment. You may not assign these Hosting Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets with notice to us; we may assign to an affiliate or successor, subject to Section 12. 18.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except that force majeure does not excuse payment for services already delivered. 18.4 Notices. We may notify you through the Creator dashboard, the status page or your Account email. Legal notices to Summer: support@summerengine.com and Summer Labs, Inc., 2810 N Church St, STE 89812, Wilmington, DE 19802, United States. 18.5 Severability; waiver; independent contractors. 18.6 Government use; export. The Hosting Services are commercial computer software services. You will comply with US export control and sanctions laws in your use of them.