PLAYCAMP GAME COMPANY TERMS OF USE
Last Updated: Jan 16, 2026.- ACCEPTANCE OF TERMS
- DEFINITIONS
- 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 such 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 created by You on the Platform.
- 2.5 “Campaign Amount” means the actual total funds deposited or payable by You to compensate Creators and Smart Play 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 that viewers 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 a specific software or assets within a specific software.
- 2.11 “Net Revenue” means the revenue actually recognized and received by You from game users (regardless of platform, e.g., Apple App Store, Google Play, Steam, Console Stores, Webshops) in connection with the Game, minus actual standard platform commission fees (e.g., 15-30% fee charged by Apple, Google) and 3-10% payment processing fees (e.g., Stripe, Xsolla). Net Revenue does not include refunds, chargebacks, or VAT/Sales Tax collected and remitted to tax authorities.
- 2.12 “Order Form” means an (1) online description, payment, campaign or subscription page, (2) 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 Smart Play.
- 2.13 “Platform Fee” means the service fee charged by Smart Play 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.
- MODIFICATION OF TERMS
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 prohibited and may be rejected.
- 4.2 Manual Approval. Account creation is not automatic. You acknowledge that Smart Play reviews all applications and reserves the right to approve or reject Your registration in its sole discretion. Access to the Platform is granted only upon Our issuance of a confirmation of approval.
- 4.3 Accuracy. You warrant that all information provided during registration is accurate, current, and complete. You are responsible for updating Your information to keep it accurate. If any information provided is not accurate, current, complete or misleading, Your access to the Platform may be suspended or terminated.
- 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 agree to notify Us immediately of any unauthorized access to or use of Your Account. Smart Play shall not be liable for any loss or damage arising from Your failure to comply with this Section.
- ACCESS RIGHTS AND TIERS
- 6.1 License Grant. Subject to Your compliance with these Terms and payment of applicable fees, Smart Play 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 Your 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.
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. Smart Play 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 utilize public APIs from third-party platforms (e.g., YouTube, Twitch, OpenAI, Perplexity) and integration with Your systems to track Creator and Campaign performance. Smart Play is not liable for data discrepancies caused by API outages or Creator privacy settings.
- 7.4 Payment Administration. Smart Play acts as the commercial intermediary. We collect the Campaign Amount from You and distribute the Creator Share (Campaign Amount minus Platform Fee and/or other fees) to Creators.
- 7.5 Content Review Period. In case of specific Campaigns where pre-approval by You is necessary before the Campaign launches, You shall have three (3) business days from the date a Creator submits Content to review and approve or reject such Content (“Review Period”). If You reject, a detailed explanation must be provided so that the Creator can revise or edit the Content. If You do not take action within the Review Period, the Content will be deemed automatically approved.
- 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 reserve the right to suspend access to the Platform for scheduled or emergency maintenance. We will endeavor to provide reasonable notice for scheduled maintenance that may impact active Campaigns.
- TECHNICAL INTEGRATION AND API ACCESS
- 9.1 Mandatory Integration. To facilitate accurate tracking of Net Revenue, Creator Code usage, and Campaign performance, You agree to provide Smart Play with:
- (a) Access to necessary Server, Client and other APIs;
- (b) Real-time or near real-time data feeds regarding 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.
- NON-CIRCUMVENTION
- 10.1 Restriction. You acknowledge that Smart Play has invested substantial resources in analyzing, sourcing and vetting Creators. During the Term of these Terms and for a period of 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.
- 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. You acknowledge that once a Key is claimed by a Creator, it is considered consumed.
- 11.2 Risk of Loss. Smart Play is not liable for the unauthorized resale of Keys by Creators, provided the Key was delivered to the authenticated Creator account.
- CAMPAIGN CONDUCT
- 12.1 Compliance. You are responsible for ensuring Campaigns comply with applicable laws (e.g., FTC Guidelines, European consumer protection laws such as UCPD, South Korean advertising laws).
- 12.2 Prohibited Content. You shall not request Content that is illegal, deceptive, or offensive.
- DISPUTE RESOLUTION (STUDIO VS. CREATOR)
- 13.1 Smart Play as Arbiter. Only in Campaigns where pre-approval of the Content is necessary, regarding disputes of Content quality or appropriateness: (a) You must notify Us within three (3) business days of submission; and when no resolution can be reached between You and the Creator(s), (b) Smart Play shall act as the final arbiter. Our decision regarding whether Content met the Campaign Brief is final for the purpose of releasing funds.
- CAMPAIGN MODELS AND PAYMENT TERMS
- 14.1 Model Selection. You must select either Model A (Fixed Budget) or Model B (Revenue Share) at the time of Campaign creation or in the applicable Order Form.
- 14.2 Model A: Fixed Budget Campaign.
- (a) Fixed Amount. You agree to pay a fixed Campaign Amount per month.
- (b) Pre-Payment. You must deposit the full Campaign Amount for the upcoming month at least ten (10) days prior to the first day of that month.
- (c) Distribution. Creators participating in the Campaign will receive a pro-rata share of the Creator Share based on their performance metrics as tracked by the Platform.
- 14.3 Model B: Revenue Share (“Rev Share”) Campaign.
- (a) Calculation Methods. The Campaign Amount shall be calculated as sum of the below:
- (i) Creator Code: X%, as agreed on the Order Form, of Net Revenue generated by users of a specific Creator Code
- (ii)Platform Fee: 8% of the Net Revenue generated by users of a specific Creator Code
- (b) Minimum Term & Rollover. Rev Share Campaigns have a mandatory Minimum Term of six (6) months. After the Minimum Term, unless cancelled by You via written notice at least thirty (30) days prior to the end of the current term, the Campaign shall automatically renew for successive three (3) month periods.
- (c) Pre-Payment. Upon our sole discretion, You may be required to make a deposit of $5,000 USD or more, before the campaign launches.
- (d) Reconciliation and Payment in Arrears. If Smart Play expressly allows You to pay in arrears, You shall remit the outstanding balance of the Campaign Amount to Smart Play within forty (40) days following the end of the relevant calendar month. Failure to remit payment within this timeframe may result in the suspension of the Campaign and the accrual of statutory interest on overdue amounts
- (a) Calculation Methods. The Campaign Amount shall be calculated as sum of the below:
- FEES AND MERCHANT OF RECORD
- 15.1 Platform Fee. Smart Play shall deduct a Platform Fee from the total Campaign Amount (Inclusive).
- 15.2 Merchant of Record. Smart Play, 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. Unless otherwise stated, all fees are quoted and payable in United States Dollars (USD). You are responsible for any currency conversion and other fees charged by Your financial institution.
- 15.5 Invoicing and Suspension for Non-Payment. Smart Play shall transmit invoices to You in accordance with the payment schedule set forth herein. If You remain in arrears for a period exceeding three (3) Business Days following the applicable due date, Smart Play reserves the right, in its sole discretion and without limiting its other rights or remedies, to immediately suspend or terminate Your access to the Platform and withhold provision of any Services until such time as all outstanding amounts are paid in full.
- 15.6 Interest on Overdue Amounts. Any amount not paid when due shall bear interest from the due date until paid at a rate equal to the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law.
- REFUNDS AND CANCELLATIONS
- 16.1 Cancellation.
- (a) Fixed Budget: May be cancelled with notice effective the following month.
- (b) Rev Share: During the Minimum Term, cancellation is only possible with minimum 60 day notice. During the Rollover term, cancellation if possible subject to the 30-day notice period required in Section 14.3(b).
- 16.2 Refund of Funds. Upon valid cancellation:
- (a) Committed Funds: Funds allocated to Creators who have already performed work are non-refundable.
- (b) Uncommitted Funds: All remaining cash balances in the Campaign Amount are refunded to You, less transaction fees.
- 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.
- 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 will be charged 10% VAT on the Platform Fee.
- 17.3 Creator Tax Liability. You have no liability for Creator taxes (income tax, social security).
18. RIGHT TO AUDIT
- 18.1 Authority. To verify the accuracy of Net Revenue calculations, Creator Code usage, and Campaign Amounts under the Rev Share Model, Smart Play reserves the right to audit Your records and systems.
- 18.2 Scope. You agree to provide Smart Play with:
- (a) Access to actual third-party revenue source documentation (e.g., settlement reports from Apple App Store, Google Play, Steam, Stripe, Xsolla);
- (b) Read-access to relevant game server logs and database records verifying user transactions; and
- (c) Any other financial records reasonably necessary to verify the Net Revenue definition.
- 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 shall also reimburse Smart Play for the reasonable costs of the audit.
19. INTELLECTUAL PROPERTY
- 19.1 Ownership. You acknowledge that Smart Play Inc. 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”). Smart Play acknowledges and agrees that You own all right, title, and interest in and to all intellectual property related to Your games, brands, and materials (“Game IP”). No transfer of ownership or title to the Game IP is granted to Smart Play or any third party under this Agreement.
- 19.2 License to Smart Play. 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 for the sole purpose of creating and publishing Content in accordance with the Campaign Brief.
- 19.4 Creator Content. Unless otherwise agreed in a specific written agreement between You and a Creator, You acknowledge that 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 a period of 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).
- PRIVACY AND PERSONAL DATA
- 20.1 Aggregated Data. You agree that Smart Play owns all Aggregated Data (anonymized performance metrics) and Smart Play 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 Smart Play and Company are independent data controllers under applicable data protection laws (including GDPR and South Korean PIPA). Each party is individually responsible for complying with its obligations as a controller.
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.
22. WARRANTIES & 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 any other results.
- 22.3 Liability Cap. Smart Play’s total liability is limited to the Platform fees paid by You in the three (3) months preceding the claim.
- INDEMNIFICATION
- 23.1 Indemnification by Company. You agree to indemnify, defend, and hold harmless Smart Play, 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 Smart Play 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 Smart Play. Smart Play does not control the manner or means by which Creators perform their services or create content. (c) No Liability for Creator Acts. Consequently, Smart Play shall not be 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 that You will not hold Smart Play liable for any damages, losses, or claims arising out of or relating to a Creator’s action or inaction, and You hereby release Smart Play from any such claims.
- 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 such breach within fourteen (14) days of written notice.
- 24.4 Suspension. Smart Play may strictly suspend Your access to the Platform immediately if We reasonably suspect fraudulent activity, non-payment, or violation of the Non-Circumvention clause.
- 25.5 Upon termination:
- (a) Your right to access the Platform ceases immediately;
- (b) Any outstanding Campaign Budgets for completed deliverables shall be released to Creators;
- (c) Any uncommitted funds in Your Wallet shall be refunded in accordance with Section 16;
- (d) Sections 10 (Non-Circumvention), 15 (Fees), 19 (IP), 20 (Data), 22 (Liability), and 23 (Indemnification) shall survive termination;
- 25.6 Termination or expiration of this Agreement shall not relieve You of any obligation to pay Fees or Campaign Amounts accrued or payable to Smart Play prior to the effective date of termination. All such outstanding amounts shall become immediately due and payable upon termination.
25. GENERAL PROVISIONS
- 25.1 Governing Law. Laws of the Republic of Korea.
- 25.2 Dispute Resolution. You and Smart Play 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 over you by such courts and to venue in such courts.
- 25.3 Force Majeure. Neither party shall be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, fire, floods, accidents, or strikes.
- 25.4 Independent Contractors. The parties are independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between You and Smart Play.
- 25.5 Notices. All notices must be in writing and sent to legal@playcamp.io.
- 25.6 Entire Agreement. These Terms, along with any applicable Order Forms and our Privacy Policy, constitute the entire agreement. In the event of a conflict between these Terms and a mutually executed Order Form, the Order Form shall prevail.