Terms of Service
Date of Last Revision: May 31, 2026
The short version (summary, not a substitute for the full Terms)
- On a Paid Plan (currently Pro or Max), you own the games you create on Tesana — and the generated source code and Godot project for your original games are yours outright.
- On any paid plan you have full commercial rights: you can sell, publish, license, and monetize your games. Anything you create or export while on a paid plan stays commercially yours forever, even if you later cancel.
- The free plan is for personal, non-commercial use: free games stay on Tesana with Tesana branding and can't be sold or exported, and full ownership of generated content comes with a Paid Plan (anything you upload is always yours).
- Some assets used or generated for your game might be shared with other Tesana users and licensed for use in your game, not exclusively owned by you. AI can generate similar results for different people.
- If you sell on the Tesana store, Tesana keeps a 30% platform fee. If you export and sell your game elsewhere, Tesana takes nothing.
- We don't sell your data, and we don't train AI models on the files you upload.
1. Acceptance of These Terms
Dreamsands Inc. ("Tesana," "we," "us," or "our") provides services and related content through our website(s) at www.tesana.ai (the "Site"), through third-party platforms (for example Discord), and through our mobile applications and related technologies ("Mobile Apps"). The Site, Mobile Apps, and all related content, tools, features, functionality, and technology offered on or through them are collectively the "Service."
By accessing or using any part of the Service, you confirm that you have read, understood, and agree to these Terms of Service (the "Terms"). If you do not agree, do not use the Service.
Changes to These Terms
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the "Terms of Service" link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TESANA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
2. Privacy
Our Privacy Policy explains how we collect, use, and share information. By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Privacy Policy: www.tesana.ai/privacy
3. Additional Terms
Some features may have additional terms, rules, or guidelines (for example, the Creator Earnings Program Terms). Those additional terms are part of these Terms when you use those features.
4. Access and Use of the Service
4.1 Service Description
Tesana is an AI service that takes inputs you provide (including text prompts and other materials such as code, images, video, audio, assets, data, and other content) ("Submissions") and generates outputs such as game concepts, game assets, scenes, scripts, levels, logic, code (including Godot/GDScript source and project files), build artifacts, and other interactive content ("Output"). Submissions and Output together are "Content."
Games are built on Godot, an open-source game engine, and Tesana generates real Godot project files and GDScript. The Service includes a built-in code editor, the ability to publish a game to a Tesana store page, and (on eligible plans) the ability to export games and download source code.
The Service may also include social or community areas where Content can be shared with other users.
4.2 You Must Have Rights to What You Upload
Only upload or provide Submissions that you have the rights to use and that you are allowed to provide to Tesana for processing.
By providing any Submission, you represent and warrant that:
- you have all rights, permissions, and consents needed to provide the Submission and allow Tesana to use it to deliver the Service and generate Output
- your Submission and Tesana's use of it (including generating Output) do not violate any law, contract, or third-party right
- Tesana does not need to obtain additional licenses or pay royalties to any third party because of Tesana's use of your Submission to operate and maintain the Service
4.3 Tesana Chat or Assistants
We may provide AI-powered chat or assistants (for example, a chat assistant) to help you create, refine, debug, or iterate on game-related Output. You may use these assistants only for lawful purposes and in accordance with these Terms and any feature-specific rules we publish.
4.4 Registration and Eligibility
Some features require an account. If you create an account, you agree to provide accurate information and keep it up to date.
You must be at least 13 years old to use the Service. If you are in the European Economic Area, the United Kingdom, or another jurisdiction with a higher minimum age for digital consent, you must be at least 16 years old. If you are under 18, you may use the Service only with permission from a parent or legal guardian, and you agree to provide any verification information we reasonably request.
We may offer a free tier. You may not create multiple accounts to improperly obtain free-tier benefits. If we reasonably believe free-tier use is abusive or not in good faith, we may limit or remove access to the free tier.
If we discontinue a paid Service, we will refund any prepaid fees on a pro rata basis for the unused portion, unless prohibited or modified by applicable law.
4.5 Account Security
You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately of any unauthorized access. We are not responsible for losses caused by your failure to safeguard your account.
4.6 Changes, Suspension, and Storage Limits
We may change, suspend, or discontinue any part of the Service at any time. We may also set limits on storage, retention, and other usage policies. We may delete or remove Content from inactive accounts, subject to applicable law and our policies.
5. Conditions of Access and Use
5.1 User Conduct and Prohibited Uses
You are responsible for your use of the Service, your Submissions, and your Output. Tesana does not endorse user Content and is not responsible for user Content posted or shared through the Service.
You agree not to use the Service to:
- submit, upload, transmit, or generate Content that infringes intellectual property, privacy, publicity, or other rights of others
- submit Content you do not have the legal right to use or share
- distribute malware, harmful code, or anything that disrupts systems, networks, or devices
- generate or share Content that creates a privacy or security risk (for example doxxing, credential theft, spyware, social engineering)
- send spam, deceptive promotions, chain letters, pyramid schemes, or unauthorized solicitations
- generate or share unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, pornographic, excessively violent, hateful, discriminatory, or otherwise objectionable Content
- interfere with or disrupt the Service or circumvent protective measures
- violate any applicable law or regulation
- impersonate others or misrepresent your affiliation (including presenting Output as created by a person who did not create it)
- solicit personal information from anyone under 18
- harvest or collect information about other users without consent
- use the Service to further criminal activity or provide instructions for illegal conduct
- access the Service via means not intentionally provided by Tesana (including scraping, robots, or automated extraction)
- circumvent geo-restrictions or other access controls (including use of VPNs to bypass restrictions)
- use the Service or Output to build, train, improve, or enable competing AI systems, models, products, or services, or to train other machine learning systems, except where Tesana expressly permits in writing
If we block your access (including by IP), you agree not to attempt to bypass that block.
5.2 Fees, Billing, and Taxes
If any part of the Service requires payment, you agree to provide accurate billing information and authorize charges consistent with your plan.
You are responsible for applicable taxes, except taxes based on Tesana's net income.
We may change pricing. If we do, we will provide notice at least 15 days before changes take effect (or as required by law). Continued use after the effective date means you accept the new pricing. Plan features, included credit allowances, and other plan benefits may change over time.
5.3 Subscriptions, Renewals, and Cancellation
Subscriptions renew automatically at the interval shown in your account (or monthly if not specified), and you authorize us (or our payment processor) to charge your payment method at the start of each renewal period.
To avoid renewal charges, you must cancel at least 7 days before the renewal date through your account settings or by emailing [email protected].
After cancellation, you can use paid features until the end of the billing period you have already paid for. The effect of cancellation or downgrade on commercial rights, store listings, exports, and earnings is described in Sections 7 and 8.
5.4 Free Trials
If you start a free trial, it begins on the day you enroll and lasts the duration stated at sign-up (or 7 days if not specified). You can cancel any time before the trial ends to avoid being charged, using the same cancellation methods above.
If you do not cancel before the trial ends and we have notified you that trial converts to paid, you authorize the charge. If you end the trial without subscribing, Content associated with the trial may become unavailable and may be deleted.
5.5 Payment Processing
Tesana may use third-party payment processors (for example Stripe). Your payment is subject to the processor's terms and privacy policy. Tesana is not responsible for actions or failures of third-party payment processors.
5.6 Refunds
Payments are non-refundable unless Tesana decides otherwise or applicable law requires a refund.
5.7 Commercial Use and Plans
In these Terms, a "Paid Plan" means any paid Tesana subscription (currently the Pro and Max plans). The "free plan" means use of the Service without an active Paid Plan. Your rights depend on your plan:
- On a Paid Plan you have full commercial rights to the games you create and you own them as described in Section 7. You can publish, distribute, license, sell, and otherwise monetize your games.
- On the free plan you may use the games you create only for lawful, personal, and non-commercial purposes. Free games are published on Tesana with Tesana branding and may not be sold, exported, or used to earn money, and you do not receive the ownership and assignment of generated Output described in Section 7.5 until you upgrade to a Paid Plan.
Commercial use of the Service itself is separate: unless Tesana expressly allows it in writing, you may not sell, sublicense, resell, or exploit the Service (including access to it) or Service Content (as defined below) for commercial purposes. How you publish, sell, and earn from your games is described in Section 8.
5.8 Mobile App Use
You are responsible for your device, connectivity, and carrier fees. We do not guarantee availability on all devices or in all locations. We may send service-related notifications. You can manage most notification settings in-app or through your device OS, except for important administrative or service notices.
5.9 Apple App Store Terms (If Applicable)
If you download the Mobile App from Apple's App Store, you acknowledge:
- these Terms are between you and Tesana, not Apple
- Apple has no obligation to provide maintenance/support for the app
- Apple's warranty obligations are limited as required by law and App Store rules
- Tesana, not Apple, is responsible for claims related to the app, including IP infringement claims
- Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it
6. Software
6.1 Platform Software; Restrictions
The Service and the underlying platform software, infrastructure, models, and the Tesana game engine and tooling (the "Platform Software") are owned by Tesana and/or its licensors and are protected by law. You may not copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or attempt to extract source code from the Platform Software, except where such restrictions are prohibited by law.
The Platform Software is different from the games and Output you create with the Service. Your rights in the games, code, and assets you generate are described in Section 7. Nothing in this Section 6 limits the ownership of, or rights you receive in, your own games and Output.
6.2 International Use; Export Controls
Tesana is operated by Dreamsands Inc., a Delaware corporation located in the United States. You are responsible for compliance with local laws. The Platform Software is subject to U.S. export control laws and may not be exported or used in violation of them.
7. Intellectual Property and Content
7.1 Service Content
The Service may include Tesana-provided content (documentation, UI, templates, examples, branding, graphics, etc.) ("Service Content") protected by IP laws. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, scrape, or create derivative works from Service Content.
7.2 Trademarks
"Tesana" and related logos are Tesana trademarks. Other trademarks belong to their respective owners. Nothing grants you a license to use Tesana trademarks without written permission.
7.3 Third-Party Material
We do not control third-party content or user content. We may remove Content that violates these Terms or is otherwise objectionable in our judgment, but we are not obligated to monitor.
7.4 Your Content; License to Tesana
You retain ownership of your Submissions. Your ownership of, and rights in, the games and Output you create are described in Sections 7.5 and 7.6. To run and improve the Service, you grant Tesana the limited licenses in this Section.
By providing Submissions or using the Service to generate Output, you grant Tesana and our affiliates and service providers a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works from, communicate, distribute, display, and perform your Content to:
- provide and operate the Service (including generating Output, hosting your games, and powering publishing, play, export, and store features)
- maintain safety, security, and abuse prevention
- improve, develop, and enhance the Service and the Tesana game engine, including by reviewing and referencing generated Output (such as generated code and assets)
- market and promote the Service (for example sharing examples of public games)
Use of Content for AI/ML development. We may use generated Output (including generated code and assets) to develop, train, and improve machine learning models and systems, including a future code-generation model for the Tesana game engine. We do not use the files you upload as Submissions (such as your own images, audio, 3D models, code, or other materials) to train these models, and we do not place your uploaded Submissions into the shared asset library described in Section 7.6. Aggregated and de-identified usage information may be used as described in our Privacy Policy.
To the extent permitted by law and only as necessary for the licenses granted above to function, you waive moral rights in your Content as against Tesana and those acting on our behalf. If you include personal data in Submissions, you understand it may be processed as described in the Privacy Policy.
We may monitor, remove, or disclose Content as described in these Terms or when required by law.
7.5 Ownership of Your Games, Code, and Output
On a Paid Plan, you own the games you create on Tesana, including their gameplay, logic, levels, and the Output generated within your project, subject to these Terms and the points below. Tesana does not claim ownership of your games.
There are three kinds of material in a typical Tesana game, and they are treated differently:
- Your uploads (Submissions). Material you bring in yourself remains yours, exclusively. We do not reuse it in other creators' games and do not include it in the shared asset library or in model training (see Sections 7.4 and 7.6).
- Generated code (your original games). On a Paid Plan, Tesana assigns to you all right, title, and interest Tesana may have in the generated source code and Godot project files for your original games, to the fullest extent Tesana is able to assign them, so that you own that code outright.
- Generated assets and other Output. On a Paid Plan you receive full rights to use the AI-generated assets and other Output in your game, including commercially. Because AI systems can produce similar results for different users and because some generated assets may be drawn from or shared with the asset library, these rights are non-exclusive (see Sections 7.6 and 7.9).
Plans. On a Paid Plan, the ownership and rights above apply and you may use your games commercially. On the free plan, you do not receive the ownership or assignment of generated Output described above; instead, you receive a personal, non-commercial license to use the games you create, and free games are published on Tesana with Tesana branding (which serves as attribution) and may not be sold, exported, or used to earn money. The material you upload (your Submissions) remains yours regardless of plan, and the ownership and assignment of generated Output vest once you are on a Paid Plan.
These rights survive cancellation. Rights and assignments you receive in games and Output that you create or export during an active Paid Plan are permanent and continue even if you later downgrade or cancel. Cancelling or downgrading does not retroactively revoke them. It only stops new paid activity going forward (for example, generating new builds, exporting, listing games for sale on the Tesana store, and participating in Creator Earnings), as described in Section 8.
Copyright caveat. Laws around AI-generated material vary, and AI Output may not be protectable by copyright in every jurisdiction. Tesana does not guarantee that any specific Output is protectable or that you can obtain exclusive rights in it. Whether your game qualifies for copyright protection may depend on the degree of human authorship and your local law; consult a legal professional for advice.
7.6 Shared Assets, CC0 Packs, and Asset Reuse
Some of the assets that appear in your game may come from shared sources rather than being generated uniquely for you. These include public-domain ("CC0") asset packs that Tesana bundles with the engine, and AI-generated assets that Tesana indexes and may reuse across the platform.
For these shared and CC0 assets, you receive a perpetual, worldwide, royalty-free, non-exclusive license to use them as incorporated in your game, including commercially on a Paid Plan. You do not receive exclusive ownership of shared or CC0 assets: identical or similar assets may appear in other creators' games, and you may not extract them and redistribute, sublicense, or resell them as standalone assets or asset packs apart from your game.
To operate and improve the Service, you authorize Tesana to extract, index, store, and reuse assets generated within your games (Output) and to surface them in other creators' games. This applies only to generated Output, not to your uploaded Submissions, which are excluded from the shared asset library.
7.7 Remixes and Collaboration
If you enable remixing, other users may use your game as a starting point to create their own versions ("Remixes"). You can control or disable remixing in your game settings where your plan allows.
Remixes of games you do not own are for personal, non-commercial use only, regardless of your plan. You may not sell a Remix of another creator's game, list it for sale on the Tesana store, or earn money from it through the Creator Earnings Program. To protect original creators, source code downloads are disabled for Remixes and for games cloned from templates; native and Web builds may still be available on a paid plan.
When more than one person collaborates on a game, the account that owns the game project holds the ownership and rights described in Section 7.5, and each collaborator grants the project owner and Tesana the licenses in these Terms for their contributions. You are responsible for any arrangements among collaborators.
7.8 Public Sharing and Third-Party Platforms
If you share Output publicly (including in third-party apps like Discord), others may be able to view, download, and reuse it under the norms and rules of that platform, and under any sharing settings you chose. You are responsible for what you share and where you share it. New games are private by default (a draft is accessible only by direct link); publishing to your public Tesana store page is an explicit choice you make.
7.9 Non-Unique Outputs
You understand that AI systems can generate similar or identical outputs — including code and assets — for different users. Output you receive may not be unique, and similar Output may be generated for, or shared with, others. Output generated for other users is not your Content, and your rights in shared or non-unique Output are non-exclusive.
7.10 Usage Data
You authorize Tesana and our service providers to generate and use aggregated and statistical usage data related to your use of the Service ("Usage Data") in accordance with applicable law and our Privacy Policy.
7.11 Feedback
If you send us feedback, ideas, suggestions, or reviews ("Feedback"), you agree it is non-confidential and we may use it for any purpose without compensation or attribution.
7.12 Preservation and Disclosure
We may preserve or disclose Content if we believe it is reasonably necessary to:
- comply with legal process or government requests
- enforce these Terms
- address claims of infringement or wrongdoing
- protect Tesana, our users, or the public
8. Publishing, Selling, and Creator Earnings
8.1 Publishing on Tesana
You can publish a game to a Tesana store page, where others can discover and play it, or keep it as a draft accessible only by direct link. Free and paid users may publish free games. Games published on the free plan display Tesana branding (a watermark), which serves as attribution to Tesana. You are responsible for the games you publish and for ensuring they comply with these Terms.
8.2 Selling on the Tesana Store
Selling a game on the Tesana store requires an active Paid Plan. You set your game's price (subject to any minimum we publish) or offer it as pay-what-you-want. Payments are processed through our payment partner (for example Stripe Connect), and you must complete the payout onboarding to receive funds.
For sales made through the Tesana store, Tesana retains a platform fee of 30% of the sale price. You receive the remainder, less payment-processor fees. You are responsible for any taxes on your sales.
If your Paid Plan ends or you downgrade to the free plan, games you had listed for sale are automatically unlisted from the store and stop being available for purchase until you resubscribe. This does not affect your ownership of the game (which is permanent under Section 7.5) or buyers who already purchased it, who retain access to what they bought.
8.3 Off-Platform Distribution
On a Paid Plan you can export your game (for example as native macOS, Windows, or Web builds, and as Godot source for original games) and distribute or sell it anywhere else, such as Steam, itch.io, or your own website. Tesana does not take any cut of sales you make off the Tesana platform. You are responsible for meeting each destination platform's requirements and for complying with the license terms of any third-party or CC0 assets included in your game (CC0 assets permit commercial use; see Section 7.6).
8.4 Creator Earnings Program
The Creator Earnings Program lets eligible creators earn money from verified social-media views of clips featuring their games and from verified plays of their games on Tesana. Participation is available to creators on a Paid Plan who accept the Creator Earnings Program Terms and complete payout onboarding with our payment partner.
- Rates. Earnings are paid at the tiered rates published in the Service and are subject to the caps published in the Service. We may change the rates, caps, and program rules at any time.
- Verification and anti-fraud. We verify views and plays and may withhold, reverse (claw back), or refuse payment for activity we determine to be botted, duplicated, ineligible, fraudulent, or that does not feature a Tesana game you own. You must verify ownership of the social accounts you submit, and only eligible content qualifies.
- Payouts. Eligible balances above a published minimum are paid out via our payment partner on a periodic (for example weekly) cadence; sub-minimum balances roll over. Payouts require completed payout onboarding and an active Paid Plan.
- Taxes. You are responsible for any taxes on your earnings. Our payment partner may issue tax forms (such as a 1099-K) where applicable.
We may modify, suspend, or discontinue the Creator Earnings Program, and we may remove participants who violate these Terms or the program rules. The Creator Earnings Program Terms presented in the Service are additional terms incorporated under Section 3.
9. Copyright Complaints (DMCA)
Tesana respects intellectual property rights and expects users to do the same.
9.1 DMCA Notice
If you believe Content on the Service infringes your copyright, send a DMCA takedown notice to:
Email: [email protected] (Subject: "DMCA Takedown Request")
Mail: 1111B S Governor Ave, Dover, 19904, Delaware
Your notice must include:
- your physical or electronic signature
- identification of the copyrighted work claimed to be infringed (or a representative list)
- identification of the infringing material and where it is located on the Service
- your contact information (address, phone, email)
- a statement of good faith belief that use is not authorized
- a statement, under penalty of perjury, that the information is accurate and you are the owner or authorized agent
9.2 Counter-Notice
If your Content was removed and you believe it was a mistake, you may send a counter-notice with:
- your signature
- identification of what was removed and where it appeared
- a statement under penalty of perjury that removal was due to mistake or misidentification
- your contact info, consent to jurisdiction of the applicable federal court, and acceptance of service of process from the complainant
We may restore Content as permitted by law if the complainant does not file an action.
9.3 Repeat Infringer Policy
We may terminate accounts of repeat infringers and may limit access for users who infringe others' IP rights.
10. Third-Party Services and Websites
The Service may link to or integrate with third-party services ("Third-Party Services"), including social logins and payment processors. Your use of Third-Party Services is governed by their terms and privacy policies. Tesana is not responsible for Third-Party Services and does not endorse them.
11. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Tesana, our affiliates, and our respective officers, employees, directors, licensors, service providers, and agents (the "Tesana Parties") from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to:
- your use of the Service
- your Submissions or Output, including publishing, sharing, selling, or commercializing them
- your violation of these Terms
- your violation of any law or third-party right
We may assume control of the defense of any matter subject to indemnification, and you agree to cooperate. You may not settle any claim without our written consent.
12. Disclaimer of Warranties
THE SERVICE AND ANY OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TESANA PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that:
- the Service will meet your needs
- the Service will be uninterrupted, timely, secure, or error-free
- Output will be accurate, reliable, suitable, unique, or non-infringing
- bugs or defects will be corrected
You acknowledge the Service uses experimental AI technology and may sometimes generate incorrect, incomplete, offensive, or unsafe content that does not represent Tesana's views.
13. Limitation of Liability
To the maximum extent permitted by law:
- The Tesana Parties will not be liable for indirect, incidental, special, consequential, or exemplary damages, or lost profits, lost goodwill, lost data, or other intangible losses, arising out of or relating to your use or inability to use the Service or Output.
- The Tesana Parties' total liability for all claims will not exceed the amount you paid Tesana in the prior six (6) months, or $100, whichever is greater.
Some jurisdictions do not allow certain limitations. If those laws apply to you, some limits may not apply.
Your sole remedy for dissatisfaction with the Service is to stop using it.
14. Dispute Resolution by Binding Arbitration
14.1 Agreement to Arbitrate
This section (the "Arbitration Agreement") applies to all disputes between you and Tesana arising out of or relating to these Terms, the Service, Content, advertising, or your relationship with Tesana, except that you may bring qualifying claims in small claims court. You and Tesana waive the right to a jury trial and agree disputes will be resolved by a neutral arbitrator. The Federal Arbitration Act governs interpretation and enforcement of this Arbitration Agreement.
14.2 Class Action Waiver
YOU AND TESANA AGREE THAT CLAIMS MAY ONLY BE BROUGHT INDIVIDUALLY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. RELIEF MAY BE AWARDED ONLY TO THE INDIVIDUAL PARTY, EXCEPT WHERE PUBLIC INJUNCTIVE RELIEF IS REQUIRED UNDER APPLICABLE LAW FOR ENFORCEABILITY.
14.3 Informal Resolution and Notice of Dispute
Most issues can be resolved by contacting support at [email protected].
If not resolved, the party seeking arbitration must send a written Notice of Dispute by certified mail to:
1111B S Governor Ave
Dover, 19904, Delaware
The Notice must describe the dispute and the relief sought. If not resolved within 60 days after receipt, either party may initiate arbitration.
14.4 Arbitration Procedures
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Arbitration Agreement. AAA information is available at adr.org. Hearings will take place in a reasonably convenient location, or remotely, as permitted by AAA rules. For claims of $10,000 or less, you may request documents-only, phone, or in-person proceedings per AAA rules. The arbitrator will provide a reasoned written decision.
14.5 Costs
Fees are governed by AAA rules, unless this Agreement states otherwise. If allocation is not specified, fees are split equally, but if you demonstrate inability to pay or the arbitrator finds allocation unfair, Tesana will pay your portion as determined by the arbitrator. Attorneys' fees follow AAA rules.
14.6 Confidentiality
Arbitration proceedings and outcomes are confidential except as required to enforce an award or as required by law.
14.7 Severability
If any part of this Arbitration Agreement is invalid or unenforceable, it will be replaced with a valid term closest to the original intent, and the remainder will remain effective. If the class action waiver is found unenforceable (other than for public injunctive relief carve-outs), the Arbitration Agreement may be null and void as required by law.
14.8 Future Changes
If we materially change this Arbitration Agreement (except the Notice Address), you may reject the change by mailing written notice within 30 days to the Notice Address. If you reject, you arbitrate under the version in effect when you first accepted the Terms.
15. Termination
We may suspend or terminate your account or access at any time if we believe you violated these Terms or engaged in fraudulent, abusive, or unlawful conduct, or for other reasons in our discretion as permitted by law. We may also discontinue the Service at any time.
Upon termination, we may deactivate your account and delete associated Content, subject to applicable law. Tesana is not liable for termination or deletion where permitted by law.
Termination, cancellation, or downgrade does not retroactively revoke the ownership and rights you received in games and Output created or exported during an active paid subscription (Section 7.5). It may, however, end paid-only capabilities going forward, including new generations, exports, store listings, and Creator Earnings participation (Section 8).
16. SMS Messaging
If parts of the Service allow phone or SMS communications, you consent to receive calls or texts (including via autodialer) at numbers you provide, including marketing messages, unless prohibited by law. Consent is not required as a condition of purchase.
You can opt out by replying "STOP" from the device receiving messages or by contacting [email protected].
17. User Disputes
You are responsible for your interactions with other users. Tesana is not liable for user-to-user disputes, but we may intervene at our discretion.
18. General Terms
18.1 Entire Agreement
These Terms, plus any incorporated policies or additional terms, are the entire agreement between you and Tesana regarding the Service and supersede prior agreements relating to the Service.
18.2 Governing Law and Venue (Non-Arbitration)
These Terms are governed by the laws of Delaware, excluding conflict-of-law rules. For disputes not subject to arbitration, you and Tesana consent to exclusive jurisdiction and venue in state and federal courts located in Delaware.
18.3 No Waiver
Failure to enforce a provision is not a waiver.
18.4 Severability
If a court finds a provision invalid, the rest remains in effect, and the court should interpret the provision to best reflect intent where possible.
18.5 Time Limit on Claims
Unless prohibited by law, any claim must be filed within one (1) year after it arises.
18.6 Assignment
You may not assign these Terms without Tesana's written consent. Tesana may assign these Terms freely.
18.7 Notices
Notices to you may be sent by email, regular mail, or through the Service. Notices to Tesana should be sent to 1111B S Governor Ave, Dover, 19904, Delaware, unless we specify otherwise.
18.8 Force Majeure
Tesana is not responsible for delays or failures caused by events beyond reasonable control (for example natural disasters, war, terrorism, epidemics, power failures, or network outages).
18.9 Interpretation
"Include" and "including" mean "including without limitation."
19. Contact
Support: [email protected]
Billing: [email protected]
Legal: [email protected]
DMCA: [email protected]
Mailing: 1111B S Governor Ave, Dover, 19904, Delaware