Terms of Service (Game Company)

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PlayCamp Game Company Terms of Use

Effective Date: October 20, 2026

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Revision History

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1. Acceptance of Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between SmartPlay Inc., a company incorporated under the laws of the Republic of Korea (the “Company,” “We,” “Us,” or “Our”), and the entity you represent (“Game Company,” “You,” or “Your”). By accessing or using the PlayCamp platform (the “Platform”), creating an Account, or executing an Order Form, You agree to be bound by these Terms. If You do not agree to these Terms, You may not access the Platform. You represent and warrant that You are an authorized representative with full legal authority to bind Your organization to these Terms.

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2. Definitions

For the purposes of these Terms, the following definitions apply:

• 2.1 “Account” means the registered business account established by You to access the Services.
• 2.2 “Aggregated Data” means data related to the usage of the Platform, Campaign performance, and Creator metrics that has been anonymized, aggregated, or de-identified so that it does not identify You or any specific individual.
• 2.3 “Business Day” means any day other than a Saturday, Sunday, or a day on which commercial banks are authorized or required by law to close in the US, Korea, or Your country of incorporation.
• 2.4 “Campaign” (or “Quest”) means a specific marketing, operation, or service initiative run on the Platform.
• 2.5 “Campaign Amount” means the actual total funds deposited or payable by You to compensate Creators and the Company for use of the Platform.
• 2.6 “Campaign Wallet” or “Wallet” means the virtual ledger or balance maintained by the Platform associated with Your Account.
• 2.7 “Content” means any video, stream, post, or other media created by a Creator in response to a Campaign.
• 2.8 “Creator” means a third-party content creator, influencer, or streamer registered on the Platform who participates in Campaigns.
• 2.9 “Creator Code” means a digital code (Boost Code) that users use to support a specific Creator.
• 2.10 “Game Keys” means a digital activation code or coupon that grants the receiver a limited, non-exclusive license to download, access, and/or use specific software or assets within specific software.
• 2.11 “Net Revenue” means the revenue actually recognized and received by You from game users in connection with the Game (regardless of platform, e.g., Apple App Store, Google Play, Steam, console stores, webshops), minus actual standard platform commission fees (e.g., the 15-30% fee charged by Apple and Google) and 3-10% payment processing fees (e.g., fees charged by payment service providers). Net Revenue does not include refunds, chargebacks, or VAT/sales tax collected and remitted to tax authorities.
• 2.12 “Order Form” means (1) an online description, payment, campaign, or subscription page, (2) a checkout interface on the Platform, or (3) a separate ordering document, specifying the Services to be provided, relevant fees, Campaign Amount, etc., entered into between You and the Company.
• 2.13 “Platform Fee” means the service fee charged by the Company for use of the Platform.
• 2.14 “Services” means the provision of the PlayCamp platform, including creator matchmaking, campaign management tools, performance tracking, payment facilitation, and analytics.

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3. Modification of Terms

We may modify these Terms. We will announce the changes and the effective date via the Platform dashboard or the email address associated with Your Account at least 7 days before the effective date. Significant changes unfavorable to You will be announced at least 30 days before the effective date and notified to You individually by email. Continued use of the Platform after the effective date constitutes Your acceptance of the modified Terms.

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4. Account Registration and Verification

• 4.1 Corporate Verification. To access the Services, You must register for an Account using a valid corporate email address. Registration using generic email domains (e.g., Gmail, Yahoo) is not permitted and may be rejected.
• 4.2 Manual Approval. Account creation is not automatic. The Company reviews all applications and may approve or reject Your registration in its sole discretion. Access to the Platform is granted only after the Company issues a confirmation of approval.
• 4.3 Accuracy. You warrant that all information provided during registration is accurate, current, and complete, and You are responsible for keeping it accurate. If any information provided is inaccurate, incomplete, or misleading, Your access to the Platform may be suspended or terminated.

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5. Account Security

• 5.1 Credentials. You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your Account.
• 5.2 Authorized Users. You may grant access to employees or contractors (“Authorized Users”) provided they comply with these Terms. You are fully liable for the acts and omissions of Your Authorized Users.
• 5.3 Breach Notification. You must notify Us immediately of any unauthorized access to or use of Your Account. The Company is not liable for any loss or damage arising from Your failure to comply with this Section.

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6. Access Rights and Tiers

• 6.1 License Grant. Subject to Your compliance with these Terms and payment of applicable fees, the Company grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for Your internal business purposes during the Term.
• 6.2 Subscription Tiers. The extent of Your access may be determined by Your Campaign or subscription plan (“Plan”) as described on the Platform or in an applicable Order Form.
• 6.3 Restrictions. You shall not: (a) license, sell, rent, or lease the Platform; (b) circumvent security measures; (c) build a competitive product; or (d) reverse engineer the Platform.

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7. Description of Services

• 7.1 Campaign Creation. The Platform allows You to create and publish Campaigns (“Quests”). You are solely responsible for the Campaign description, deliverables, timeline, and any specific requirements (“Campaign Brief”).
• 7.2 Creator Matching. The Company uses proprietary algorithms to recommend or match Creators to Your Campaign. We do not guarantee that any specific Creator will accept Your Campaign invitation.
• 7.3 Performance Tracking. We use public APIs from third-party platforms (e.g., YouTube, Twitch), the services of AI analysis service providers, and integration with Your systems to track Creator and Campaign performance. The Company is not liable for data discrepancies caused by API outages or Creator privacy settings.
• 7.4 Payment Administration. The Company acts as the commercial intermediary. We collect the Campaign Amount from You and distribute the Creator Share (the Campaign Amount minus the Platform Fee and/or other fees) to Creators.
• 7.5 Content Review Period. For Campaigns that require Your pre-approval before launch, You have three (3) Business Days from the date a Creator submits Content to review and approve or reject it (“Review Period”). If You reject Content, You must provide a detailed explanation so that the Creator can revise it. If You take no action within the Review Period, the Content is deemed automatically approved.

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8. Platform Availability

• 8.1 Service Levels. The Platform is provided “as is” and “as available.” We do not guarantee that the Platform will be uninterrupted or error-free.
• 8.2 Maintenance. We may suspend access to the Platform for scheduled or emergency maintenance. We will endeavor to provide reasonable notice of scheduled maintenance that may impact active Campaigns.

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9. Technical Integration and API Access

• 9.1 Integration Obligation (Code-Linked Campaigns). For Creator Code-Linked Campaigns, to facilitate accurate tracking of Net Revenue, Creator Code usage, and Campaign performance, You agree to provide the Company with the following. Fixed Mission and Event Campaigns do not require this integration.
  • (a) An in-game Creator Code entry point and access to the necessary server, client, and other APIs (including server-to-server (S2S) integration);
  • (b) Real-time or near real-time data on user spend, coupon usage, and in-game transactions; and
  • (c) Verification methods for Creator Code inputs.
• 9.2 Accuracy of Data. You warrant that the data provided via Your APIs, servers, or databases is accurate and complete. You shall not manipulate, obscure, or alter transaction data to artificially lower the calculated Net Revenue or Campaign Amount. Failure to provide continuous, accurate API access constitutes a material breach of these Terms.

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10. Non-Circumvention

• 10.1 Restriction. You acknowledge that the Company has invested substantial resources in analyzing, sourcing, and vetting Creators. During the Term and for six (6) months thereafter, You agree not to directly or indirectly solicit, employ, or engage any Creator You first discovered or transacted with through the Platform.
• 10.2 Exception. This restriction does not apply to Creators with whom You can demonstrate a pre-existing commercial relationship prior to Your use of the Platform.

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11. Provision of Game Materials

• 11.1 Game Assets. You represent that You own the licenses to distribute any Game Keys or game-related assets provided. Once a Key is claimed by a Creator, it is considered consumed.
• 11.2 Risk of Loss. The Company is not liable for the unauthorized resale of Keys by Creators, provided the Key was delivered to the authenticated Creator account.

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12. Campaign Conduct

• 12.1 Compliance. You are responsible for ensuring Campaigns comply with applicable laws (e.g., South Korean advertising laws, FTC Guidelines, and European consumer protection laws such as the UCPD).
• 12.2 Prohibited Content. You shall not request Content that is illegal, deceptive, or offensive.

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13. Dispute Resolution (Studio vs. Creator)

• 13.1 Company as Arbiter. Only for Campaigns that require pre-approval of Content, regarding disputes over Content quality or appropriateness: (a) You must notify Us within three (3) Business Days of submission; and (b) if no resolution can be reached between You and the Creator(s), the Company acts as the final arbiter. Our decision on whether Content met the Campaign Brief is final for the purpose of releasing funds.

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14. Campaign Types and Payment Terms

• 14.1 Campaign Types. Campaigns are run as one of the following types or a combination of them. The type and detailed terms are set out in the Order Form or a separate agreement before the Campaign starts. Other arrangements may be agreed through consultation.
  • (a) Creator Code-Linked (Revenue Share): A percentage of Net Revenue from payments linked through Creator Code entry or the in-game cheer feature is distributed to Creators. Broadcasts or video views alone are not counted as performance.
  • (b) Fixed Mission: Paid according to pre-agreed mission conditions and rewards.
  • (c) Event: Paid according to the achievement conditions and rewards in the pre-agreed event plan.
• 14.2 Minimum Term. The minimum campaign term is three (3) months. Extensions are set out in the Order Form or a separate agreement.
• 14.3 Deposit. You pay a deposit; the timing and method of payment are provided at the time of contract. The default deposit is KRW 5,000,000 and may be adjusted through consultation depending on campaign scale and circumstances. Any remaining deposit balance after settlement is completed at the end of the Campaign is refunded to You.
• 14.4 Code-Linked Campaign Amount. The Campaign Amount for a Code-Linked Campaign is the sum of:
  • (i) Creator Share: X%, as agreed in the Order Form, of Net Revenue generated by users of a specific Creator Code; and
  • (ii) Platform Fee: 8% of Net Revenue generated by users of a specific Creator Code. However, the Platform Fee is waived for performance generated on or before March 31, 2027. The Platform Fee applies to performance generated on or after April 1, 2027, and the Company will notify game companies with active campaigns individually by email at least 30 days before the waiver period ends.
• 14.5 Fixed Mission and Event Campaign Amount. The Campaign Amount, achievement conditions, and payment criteria for Fixed Mission and Event Campaigns follow the plan and Order Form agreed before the Campaign starts.
• 14.6 Settlement. Performance for Code-Linked Campaigns is aggregated monthly. Performance for campaign month M is reconciled with You and confirmed in month M+1, and You pay the settlement amount to the Company by the 5th of month M+2 according to the invoice issued by the Company. If You fail to pay by the due date, the Campaign may be suspended and interest under Section 15.6 accrues on the overdue amount. For Fixed Mission and Event Campaigns, the timing and method of payment are provided at the time of contract (Order Form).

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15. Fees and Merchant of Record

• 15.1 Platform Fee. The Company deducts the Platform Fee from the total Campaign Amount (inclusive). No Platform Fee is deducted for performance waived under Section 14.4(ii).
• 15.2 Merchant of Record. The Company, its affiliates, or partners act as the Merchant of Record. We accept payments from You as a commercial agent on behalf of the Creators. Your obligation to pay a Creator is satisfied when You remit funds to Us.
• 15.3 Campaign Wallet. Funds are held in a virtual “Campaign Wallet.” These funds do not accrue interest.
• 15.4 Currency. As a principle, domestic (Korean) game companies settle in Korean won (KRW) and overseas game companies settle in United States dollars (USD); the specific currency is set out in the Order Form. You are responsible for any currency conversion and other fees charged by Your financial institution.
• 15.5 Invoicing and Suspension for Non-Payment. The Company transmits invoices to You according to the payment schedule set forth herein. If You remain in arrears for more than three (3) Business Days after the applicable due date, the Company may, in its sole discretion and without limiting its other rights or remedies, immediately suspend or terminate Your access to the Platform and withhold any Services until all outstanding amounts are paid in full.
• 15.6 Interest on Overdue Amounts. Any amount not paid when due bears interest from the day after the due date until paid at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law.

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16. Refunds and Cancellations

• 16.1 Cancellation.
  • (a) Code-Linked: During the minimum term, a Campaign may be cancelled only with at least 60 days’ written notice, and cancellation takes effect no earlier than the end of the minimum term (3 months). If extended after the minimum term, a Campaign may be cancelled with 30 days’ written notice.
  • (b) Fixed Mission and Event: Cancellation terms are set out in the Order Form.
• 16.2 Refund of Funds. Upon the end of a Campaign or a valid cancellation:
  • (a) Committed Funds: Funds allocated to Creators who have already performed work are non-refundable.
  • (b) Uncommitted Funds: Remaining cash balances of the Campaign Amount are refunded to You, less transaction fees; any remaining deposit balance is refunded under Section 14.3.
• 16.3 Refund of Platform Fee. In the event of a cancellation, the Platform Fee is refundable pro rata based on the uncommitted Campaign Amount refunded.

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17. Taxes

• 17.1 Exclusive of Taxes. Fees are exclusive of VAT/GST. You are responsible for applicable sales taxes.
• 17.2 South Korean VAT. South Korean entities are charged 10% VAT on the Platform Fee.
• 17.3 Creator Tax Liability. You have no liability for Creator taxes (income tax, social security).

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18. Right to Audit

• 18.1 Authority. To verify the accuracy of Net Revenue calculations, Creator Code usage, and Campaign Amounts for Code-Linked Campaigns, the Company may audit Your records and systems.
• 18.2 Scope. You agree to provide the Company with:
  • (a) Access to actual third-party revenue source documentation (e.g., settlement reports from Apple App Store, Google Play, Steam, and payment service providers);
  • (b) Read access to relevant game server logs and database records verifying user transactions; and
  • (c) Any other financial records reasonably necessary to verify Net Revenue as defined.
• 18.3 Discrepancies. If an audit reveals an underpayment of the Campaign Amount by more than 2%, You must immediately pay the difference plus interest at 1.5% per month. If the underpayment exceeds 5% of the reported amount, You must also reimburse the Company for the reasonable costs of the audit.

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19. Intellectual Property

• 19.1 Ownership. You acknowledge that the Company owns all right, title, and interest in and to the Platform, the Services, and all related software, source code, algorithms, user interfaces, designs, and “look and feel” (collectively, “Platform IP”). The Company acknowledges that You own all right, title, and interest in and to all intellectual property related to Your games, brands, and materials (“Game IP”). No ownership of or title to the Game IP is transferred to the Company or any third party under these Terms.
• 19.2 License to the Company. You grant Us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute Your Game Materials (as defined in Section 11) and trademarks solely for the purpose of:
  • (a) Operating the Campaign and the Services;
  • (b) Marketing the Platform (e.g., displaying Your logo on our “Partners” page); and
  • (c) Distributing Keys and assets to authorized Creators.
• 19.3 You grant Creators a limited, non-exclusive license to use Your Game Materials solely to create and publish Content in accordance with the Campaign Brief.
• 19.4 Creator Content. Unless otherwise agreed in a specific written agreement between You and a Creator, Creators retain all ownership rights in the Content they produce.
• 19.5 Usage Rights. By participating in a Campaign, the Creator grants You (via the Platform terms) a non-exclusive, worldwide, royalty-free license to share, repost, and display the Content on Your official social media channels and websites for marketing purposes for up to twelve (12) months after the end of the Campaign, subject to the Creator’s moral rights and third-party platform terms (e.g., YouTube/Twitch Terms of Service).

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20. Privacy and Personal Data

• 20.1 Aggregated Data. You agree that the Company owns all Aggregated Data (anonymized performance metrics) and may use, sell, license, and distribute Aggregated Data to third parties.
• 20.2 Company Data. You retain all rights to the confidential data You submit to the Platform, such as Your specific marketing strategy and non-public Game Materials (“Company Data”).
• 20.3 Privacy. To the extent the parties process personal data of Creators (e.g., names, email addresses), the parties acknowledge that the Company and You are independent data controllers under applicable data protection laws (including the GDPR and the South Korean PIPA). Each party is individually responsible for complying with its obligations as a controller.

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21. Confidential Information

“Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or should reasonably be understood to be confidential, including but not limited to unreleased Game Materials, marketing strategy, Creator lists, and pricing terms. The receiving party agrees to:

• (a) Use Confidential Information only to perform its obligations under these Terms;
• (b) Protect it with the same degree of care it uses for its own confidential data (but no less than reasonable care); and
• (c) Not disclose it to any third party except to employees or contractors who need to know and are bound by confidentiality obligations. This obligation survives for three (3) years after the termination of these Terms.

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22. Warranties and Liability

• 22.1 Mutual Warranties. Each party represents and warrants that it has the legal power and authority to enter into these Terms and that its performance under these Terms will not violate any applicable law or third-party agreement.
• 22.2 As Is. The Platform is provided “as is.” We do not guarantee specific marketing or other results.
• 22.3 Liability Cap. The Company’s total liability is limited to the Platform Fees the Company received from You in the three (3) months preceding the claim, and during the Platform Fee waiver period this limit is zero (KRW 0). However, this limit does not apply in cases of the Company’s intent or gross negligence, or to matters for which liability cannot be excluded under applicable law.

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23. Indemnification

• 23.1 Indemnification by Game Company. You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) Your access to or use of the Platform; (b) Your Game Materials or Campaign content (including IP infringement); or (c) Your violation of these Terms or applicable law.
• 23.2 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• 23.3 Disclaimer Regarding Creator Conduct. (a) Intermediary Status. You acknowledge and agree that the Company acts solely as a technological intermediary and platform for exchanging offers and acceptances between You and Creators. (b) Independent Parties. Creators are independent third parties and independent contractors, not employees, agents, or partners of the Company. The Company does not control the manner or means by which Creators perform their services or create content. (c) No Liability for Creator Acts. Consequently, the Company is not liable for any acts, omissions, misconduct, negligence, breach of contract, or illegal activities committed by any Creator, nor for the content produced by any Creator. You agree not to hold the Company liable for any damages, losses, or claims arising out of or relating to a Creator’s action or inaction, and You release the Company from any such claims.

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24. Term and Termination

• 24.1 Term. These Terms commence on the date You create an Account or execute an Order Form and continue until terminated in accordance with this Section (“Term”).
• 24.2 Termination for Convenience. You may terminate Your Account at any time by providing written notice to Us, provided there are no active Campaigns or outstanding payments due.
• 24.3 Termination for Cause. Either party may terminate these Terms immediately if the other party materially breaches these Terms and fails to cure the breach within fourteen (14) days of written notice.
• 24.4 Suspension. The Company may suspend Your access to the Platform immediately if We reasonably suspect fraudulent activity, non-payment, or violation of the Non-Circumvention clause.
• 24.5 Effect of Termination. Upon termination:
  • (a) Your right to access the Platform ceases immediately;
  • (b) Any outstanding Campaign budgets for completed deliverables are released to Creators;
  • (c) Any uncommitted funds in Your Wallet are refunded in accordance with Section 16;
  • (d) Sections 10 (Non-Circumvention), 15 (Fees), 19 (IP), 20 (Data), 22 (Liability), and 23 (Indemnification) survive termination.
• 24.6 Termination or expiration of these Terms does not relieve You of any obligation to pay Fees or Campaign Amounts accrued or payable to the Company before the effective date of termination. All such outstanding amounts become immediately due and payable upon termination.

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25. General Provisions

• 25.1 Governing Law. Laws of the Republic of Korea.
• 25.2 Dispute Resolution. You and the Company agree to first attempt to resolve any dispute informally for at least thirty (30) days. If the dispute is not resolved:
  • Exclusive Jurisdiction: Any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the Seoul Central District Court in Seoul, Republic of Korea. You waive any and all objections to the exercise of jurisdiction by such court and to venue in such court.
• 25.3 Force Majeure. Neither party is liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargoes, fire, floods, accidents, or strikes.
• 25.4 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between You and the Company.
• 25.5 Notices. All notices must be in writing and sent to contact@playcamp.io.
• 25.6 Entire Agreement. These Terms, along with any applicable Order Forms and our Privacy Policy, constitute the entire agreement. If these Terms conflict with a mutually executed Order Form, the Order Form prevails.

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Addendum

1. These Terms take effect on October 20, 2026.
2. Order Forms executed or campaigns started before the effective date remain subject to the previous terms until that Order Form or campaign ends. However, changes favorable to game companies apply from the effective date.
3. The deposit in Section 14.3 applies only to Order Forms newly executed on or after the effective date.