Paid Games Lane: Reservation Notice (phase 2)

Effective date: September 28, 2026

1. Purpose and status of this notice

1.1 What this notice is. This notice records, ahead of the Paid Games Terms, the definitions and the reservation clause that the Summer Games Terms of Service, the Summer Dictionary, the Fee and Rates Schedule and the Summer Games Community Standards carry for the Paid Games lane. It is operative only to the extent its text is incorporated into those documents; on its own it is a drafting record for counsel.

1.2 Status. The Paid Games lane is phase 2. No Game may carry a fiat price, and no Seller Account may be opened, until (a) Summer publishes the Paid Games Terms as an Additional Term under Section 2 of the Summer Games Terms of Service, (b) Stripe has approved the Connect configuration for Summer's platform account, and (c) the Fee and Rates Schedule states the Application Fee. At lane launch the Paid Games lane is offered on Summer's website and in the Summer desktop app only. A Paid Game is not listed, sold or unlocked in the Summer iOS app, and a Game License bought on the website or in the desktop app does not unlock the Paid Game in that app, unless and until Summer also offers that Paid Game through Apple in-app purchase under the Apple App Store Addendum and iOS Compliance Notes; Summer, not the Seller, holds the developer account for the Summer iOS app.

2. Dictionary entries (shared block: paid_games_definitions)

For insertion into Summer Dictionary Section 3 in alphabetical order; renumber on acceptance. Each entry is operative text. Application Fee. The fee, stated in the Fee and Rates Schedule as a percentage of the Listing Price of a Paid Game net of Sales Tax, that Summer charges a Seller for listing, distributing and facilitating the sale of a Paid Game through the Platform, and that Stripe deducts from the sale proceeds for Summer's account when the Player's payment is collected, together with any Stripe processing fees passed through at cost as stated there. The Application Fee is Summer's only revenue from a Paid Game sale. It is not a share of Sparks, not a Program Payment and not part of the Summer Creator Program. Connect Onboarding. The process by which a Creator opens a Seller Account with Stripe through the Platform, consisting of Stripe's identity, business, tax-identity and sanctions verification, provision of a payout destination held in the Creator's own legal name, provision of a Form W-9 or a Form W-8BEN or W-8BEN-E, and the Creator's acceptance of the Stripe Connected Account Agreement. Completing Connect Onboarding with a valid tax identity is the eligibility condition for the Paid Games lane. Connect Onboarding is not enrollment in the Summer Creator Program, which uses the Identity Verification Provider and involves no Stripe account for the Creator. The Form W-9, W-8BEN or W-8BEN-E given to Stripe in Connect Onboarding is collected for the Seller Account and for Form 1099-K reporting on Paid Game sales; it is separate from the tax forms the Creator Tax Addendum requires from a Creator before the first Program Payment, and completing one does not satisfy the other. Game License. The limited, non-exclusive, non-transferable license to download, install and play a Paid Game that a Player acquires from the Seller when buying the Paid Game, on the terms of the Seller's end-user license agreement or, where the Seller supplies none, Summer's default Paid Game EULA. A Paid Game sale is a sale of a Game License, not of the Game or of any intellectual property in it. A Game License is not Virtual Content acquired with Sparks and is not governed by Section 8 of the Summer Games Terms of Service; the purchase eligibility rule in Section 7.6 of that document (only Users who have reached the age of majority in their jurisdiction or state of residence may make a real-money transaction on Summer Games) applies to every Paid Game purchase and is restated in Section 16.4(b). Listing Price. The price for a Game License that a Seller sets for a Paid Game through the Platform's listing tools, displayed to Players in US dollars at launch, and adjusted by Summer to include Sales Tax where the law of the Player's jurisdiction requires tax-inclusive display. A Game with a Listing Price may not also carry a Sparks price or be Free, and may not offer anything for Sparks. Paid Game. A Game that a Seller publishes in the Paid Games lane with a Listing Price. A Paid Game contains no Sparks, no Earned Sparks accrual, no Game Points sold for Sparks or for money, no in-game purchases of any kind at lane launch, no Network Share, no Summer Passport items, no Creator Program participation and no Qualifying Playtime. A Paid Game is distributed through the Platform and is not an Exported Game; a build of the same title exported for Steam or another store is governed by the Exported Game Runtime License. A Linked Build (reserved; Section 8.8 of the Summer Games Terms of Service) is an Exported Game distributed through a third-party store, not a Paid Game, and sits in neither lane; the one-price rule in this entry and in Section 8.14 applies to Games on the Platform and does not reach a Linked Build priced on a third-party store with Summer-authorized Sparks spend inside it. Paid Games lane. The part of the Platform, reserved at launch and opened only under the Paid Games Terms, in which Sellers sell Game Licenses to Players for money, with payments powered by Stripe through Stripe Connect. In the Paid Games lane the Seller is the Seller of Record; Summer acts as the Seller's disclosed commercial agent for listing, checkout presentation, collection and refund handling; and Summer's revenue is the Application Fee. The Paid Games lane is one of the two lanes of the Platform; the other is the Summer Games lane. Sales Tax. Sales, use, excise, value added, goods and services, digital services and similar transaction taxes imposed on or in respect of a Paid Game sale and collected from the Player. Sales Tax excludes taxes on a Seller's income or net worth. Which party collects and remits Sales Tax on a Paid Game sale is stated in the Paid Games Terms. Seller. A Creator who has completed Connect Onboarding and publishes one or more Paid Games. A Seller must be a legal entity, or an individual who is at least 18 years old and the age of majority in their jurisdiction of residence acting as a sole proprietor under their exact legal name. Minors cannot be Sellers. A Seller is a Creator in all respects and remains bound by the Summer Games Terms of Service and the Summer Games Community Standards. Seller Account. The Stripe connected account that a Seller opens through Connect Onboarding under the Stripe Connected Account Agreement (full service agreement, with the card payments capability), which is the business of record for Paid Game sales and to which the sale proceeds, net of the Application Fee and any pass-through fees, are settled by Stripe on Stripe's payout schedule in the account's settlement currency. A Seller Account is the Seller's account with Stripe, not an account with Summer. Summer performs Activity on the Seller Account only as described in the Paid Games Terms. Refunds, chargebacks, dispute fees and Sales Tax that fall on the Seller are debited from the Seller Account as stated there. A Seller Account is never a Payout Account under the Summer Creator Program and never receives Program Payments. Seller of Record. The party that sells the Game License to the Player and is legally responsible as the seller for that sale, including for delivery of the Paid Game, the Seller's end-user license agreement, Player support for the Paid Game, refunds under the Paid Games refund floor, chargebacks and disputes, and any Sales Tax the Paid Games Terms allocate to it. In the Paid Games lane the Seller is the Seller of Record. In the Summer Games lane Summer is the Merchant of Record for every sale through Summer's web checkout and the licensor in every spend of Sparks, and no Creator is ever a seller; for an App Store Purchase Apple bills the Player under Apple's terms, issues the receipt, collects tax where Apple collects it for the Player's Storefront and decides refunds, and Summer licenses the Sparks (Dictionary: Merchant of Record, App Store Purchase). Summer Games lane. The part of the Platform in which every Game is Free or priced in Sparks, Summer licenses every Spark and every license acquired with Sparks and is the sole seller and Merchant of Record for every sale of Sparks through Summer's web checkout and for every license acquired with Sparks (an App Store Purchase is billed by Apple under Apple's terms: Apple issues the receipt, collects tax where Apple collects it for the Player's Storefront and decides refunds), any Creator may publish, and Creators are paid, if at all, only through the Summer Creator Program as Program Payments at the Creator Rate. No Game in the Summer Games lane carries a fiat price.

3. Terms of Service reservation clause (shared block: paid_games_reservation_clause)

Placement proposed: the player-facing one-price rule as Section 8.14 (end of the Sparks section as renumbered by memo 11); the creator-facing reservation as Section 16.4 (after 16.3 Taxes). The Terms of Service master decides final placement; the block is self-contained. Placement recorded 2026-09-03: the Summer Games Terms of Service carry the one-price rule at Section 8.14 and the reservation at Section 16.5; references to 16.4 in this notice and in its dependencies table mean Section 16.5 of the published document.

8.14 Two lanes; one price. The Platform has two lanes. In the Summer Games lane every Game is Free or priced in Sparks, and every purchase is from Summer under Sections 7 and 8. In the Paid Games lane, when it opens under Section 16.4, a Game carries a Listing Price in money and you buy a Game License from the Game's Seller, not from Summer, if you are eligible to make real-money transactions under Section 7.6. Every Game shows exactly one of a Listing Price, a Sparks price, or Free. A Game with a Listing Price never offers anything for Sparks, and Sparks cannot be purchased, earned or spent inside a Paid Game.

16.4 Paid Games lane (reserved). (a) Reservation. Summer may open a Paid Games lane in which eligible Creators sell Game Licenses to Players for money. The Paid Games lane is not available at the Effective date of these Terms. It opens only when Summer publishes Paid Games Terms as an Additional Term under Section 2 and lists the Application Fee in the Fee and Rates Schedule. Nothing in these Terms, the Creator Program Terms or the Fee and Rates Schedule about Sparks, Earned Sparks, Program Payments, the Creator Rate, the Engagement Pool (reserved), Network Share or Summer Passport applies to a Paid Game sale, and playtime in a Paid Game is never Qualifying Playtime. (b) Seller of Record. In the Paid Games lane the Creator who publishes a Paid Game is the Seller and the Seller of Record. The sale of a Game License is a transaction between the Seller and the Player. Only Players who have reached the age of majority in their jurisdiction or state of residence may buy a Game License; a Paid Game purchase is a real-money transaction on Summer Games under Section 7.6, and Accounts registered to Users aged 13 to 17 are not shown a Listing Price checkout. The Seller appoints Summer as its disclosed agent for that transaction to list the Paid Game, present the Listing Price and the checkout, collect the price through Stripe Connect into the Seller Account with the Application Fee deducted for Summer, present and enforce the Paid Games refund floor, handle Player refund requests and card disputes, and pause, refuse or cancel a transaction for suspected fraud or breach. Charges identify the Seller as the business of record on the Player's statement, with any Summer prefix Stripe permits, and every checkout shows the Player who the Seller is. Payments in the Paid Games lane are powered by Stripe. (c) Eligibility. A Seller must be a legal entity, or an individual who is at least 18 and the age of majority in their jurisdiction of residence acting as a sole proprietor, and must complete Connect Onboarding with a valid tax identity: exact legal name matching the Seller's bank and tax documents (no trade name or alias), a payout destination in the Seller's own name, a Form W-9 or a Form W-8BEN or W-8BEN-E, sanctions and export-control screening, residence in a country supported by Stripe Connect, acceptance of the Stripe Connected Account Agreement, and no activity that Stripe lists as a prohibited or restricted business without Stripe's written approval. Summer does not distribute Paid Games in China. Minors may publish in the Summer Games lane only. Any Creator who meets these conditions may become a Seller; Summer operates no curation gate for the Paid Games lane beyond the Summer Games Community Standards and the Content Maturity Policy. Featuring a Paid Game (Dictionary: Featured) is editorial promotion after publication and is not a curation gate, review, approval or endorsement. (d) Refunds, disputes and Sales Tax on the Seller. Because the Seller is the Seller of Record, refunds, chargebacks, dispute fees, fraud losses and any Sales Tax the Paid Games Terms allocate to the Seller are the Seller's. Summer, as the Stripe Connect platform, may recover them from the Seller Account balance, by reversal of the amount settled to the Seller Account for the affected sale, and, where the Seller Account is so configured, by debit of the Seller's external account, and may hold a reserve or delay settlement where Stripe's rules or the Seller's dispute rate require. The rule in the Creator Program Terms that Summer recovers reversals only by netting against future Earned Sparks and never from a bank (except in cases of Creator fraud, where Summer may recover by any lawful means) applies to the Summer Games lane only. The Paid Games Terms will state a Player refund floor for Paid Games modeled on the Steam and Epic rule (a full refund within 14 days of purchase, or within 14 days after release for a pre-purchase, with under 2 hours of runtime, to the original payment method, with an abuse carve-out under which buying before a sale and rebuying at the sale price is not abuse), and EU and UK statutory rights apply where those Players are admitted. The first-time refund for an unauthorized purchase by a Minor using an adult's Account under the Refund and Billing Policy applies in the Summer Games lane only; it does not extend to Paid Game sales, where the Seller bears refunds under Connect. In the Paid Games lane a Player relies on the refund floor stated in this paragraph, on card-network rules and on the Seller's own goodwill, and the Paid Games Terms will disclose to Sellers that a refund within the floor is debited to the Seller Account. (e) Application Fee. Summer's only revenue from a Paid Game sale is the Application Fee stated in the Fee and Rates Schedule as a percentage of the Listing Price net of Sales Tax, plus any Stripe processing fees passed through at cost as stated there, published with a worked example. The Application Fee is deducted when the Player's payment is collected. Summer earns no Sparks, no platform share and no Creator Rate spread on a Paid Game sale. (f) Not the Creator Program. Amounts settled to a Seller Account are the Seller's own sales proceeds paid by Players through Stripe. They are not Program Payments, are not computed at the Creator Rate, are not subject to the Creator Program's minimum, maturation hold or monthly Batch, and are outside the Creator Program and the Program Payment provisions of the Creator Tax Addendum. Paid Game proceeds are the Seller's own sales proceeds; they are not payments by Summer for a license of the Seller's Game, and the US federal tax treatment and withholding that the Creator Tax Addendum states for Program Payments do not apply to them. Stripe Connect tax information reporting for Sellers is stated in the Paid Games Terms and in the lane 2 section of the Creator Tax Addendum. (g) Delisting and termination. The Paid Games Terms will provide that either the Seller or Summer may end participation in the Paid Games lane, in whole or for one Paid Game, on 30 days' notice, and immediately for a breach not cured within 15 days of notice; that Players who bought a Game License keep it and may re-download the Paid Game after delisting; that Summer disables new sales within 14 days of termination; and that the Seller keeps a Godot-compatible export of the Paid Game under Section 15. (h) Governing terms. The Paid Games Terms will be an Additional Term governed by California law and by the dispute-resolution provisions of Section 23, and will require the Seller's separate acceptance of the Stripe Connected Account Agreement, which is between the Seller and Stripe and to which Summer is not a party. The Paid Games Terms will describe the Activity Summer performs on a Seller Account and will disclose the Application Fee and any separately charged Stripe fees clearly and prominently.

4. Fee and Rates Schedule placeholder (shared block: paid_games_fee_placeholder)

Placement proposed: new Section 13 of the Fee and Rates Schedule (after Section 12, Change log), renumbered as the Fee Schedule master prefers. 13. Paid Games lane (reserved; not in effect)

13.1 Status. The Paid Games lane is not open. This Section takes effect only when Summer publishes the Paid Games Terms and replaces the placeholders below with numbers, with the notice required by Section 2. Nothing in Sections 3 to 5 (Sparks pricing, the Sparks split, Summer Creator Program rates) applies to a Paid Game sale.

13.2 Application Fee.

13.3 Settlement to Sellers. Sale proceeds net of the Application Fee and pass-through fees are settled by Stripe to the Seller Account on Stripe's payout schedule for that account, in the account's settlement currency. Summer sets no minimum, maturation hold or monthly batch for Paid Games settlements; Section 5 does not apply. Reserves, delays and reversals for refunds, chargebacks and disputes follow the Paid Games Terms. Tax information reporting: the Seller Account pays Stripe's fees (fees.payer set to account), so Stripe issues Form 1099-K to US Sellers at the statutory thresholds; Summer files no Form 1099-MISC or 1099-NEC and withholds nothing in this lane. The alternative branch (Summer files where Summer pays Stripe's fees) is not adopted. The US tax adviser confirms the thresholds as mechanics. Summer applies no US withholding to Paid Games settlements; the gross-before-withholding rule and the US-Source Share withholding in the Taxes section of this Schedule apply to Program Payments only.

13.4 Sales Tax. Summer collects and remits Sales Tax on Paid Game sales in its own name on the Seller's behalf in the jurisdictions on Summer's published Tax Jurisdictions List, and may deduct from settlements or collect from the Seller any Sales Tax for which Summer becomes liable elsewhere (alternative (B)). Alternative (A), under which the Seller is responsible for Sales Tax and Stripe Tax calculates it on the Seller Account's registrations, is not adopted, because US marketplace-facilitator statutes may make the platform the collecting party whatever the contract says.

5. Eligibility and allocation summary (informational, not operative)