Terms of Service

Last updated: 13 August 2026

These Terms of Service (the Terms) are between you and ZOXX Pty Ltd, ABN 89 700 936 090 (ZOXX, we, us or our). They govern your access to and use of zoxx.ai, our applications, and the products and services we make available through them (together, the Service).

Please read these Terms carefully. By creating an account, clicking to accept these Terms, purchasing a subscription, or otherwise using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.

1. Definitions

In these Terms:

Account means the account registered to access the Service, including any profiles, Games, subscriptions and other data associated with it.

Account Holder means the adult individual who opens an Account and accepts these Terms.

Account Content means prompts, text, instructions, code, images, audio, video, files, data, characters, stories, names and other material that an Account Holder submits, uploads or otherwise provides to the Service, including material created by a Contributor other than the Account Holder. Account Content does not include Generated Assets, Usage Data or ZOXX Materials.

Asset means any image, sprite, animation, texture, tileset, background, sound effect, music, voice output, video, three-dimensional model, procedural model, asset sheet, cover image or similar creative or technical component used or capable of being used in a Game.

Contributor means any person who creates material that an Account Holder submits as Account Content, including the Account Holder or a Managed Profile User.

Creator Plan means the paid subscription plan described as “Creator” on our Pricing Page.

Child Safety and Content Rules means the rules published at https://zoxx.ai/child-safety/rules, as updated in accordance with section 19.

Game means a game project created through the Service, including its project-specific gameplay, rules, logic, narrative, level design, configuration, versions, build files and source code. A Game may contain Account Content, Generated Assets, ZOXX Library Assets, ZOXX Materials and Third-Party Materials, each of which remains subject to the separate rights described in these Terms.

Generated Asset means an Asset generated or produced through the Service for use in or in connection with a Game. A Generated Asset does not include the original Account Content file used to request or guide its generation.

Managed Profile User means a person other than the Account Holder whose creative contributions the Account Holder identifies through a profile associated with the Account.

Output means code, text, Assets, builds, responses and other material generated or produced through the Service based on Account Content or activity within the Service.

Plan means a trial, Starter, Creator, Pro or other subscription or access tier we offer from time to time.

Pricing Page means the pricing and plan information published on the Service at https://zoxx.ai/pricing, as updated from time to time in accordance with these Terms.

Pro Plan means the paid subscription plan described as “Pro” on our Pricing Page.

Starter Plan means the paid subscription plan described as “Starter” on our Pricing Page.

Third-Party Materials means software, models, content, Assets, data or other materials owned or supplied by someone other than you or ZOXX, including open-source software and material provided by third-party AI, audio, hosting, infrastructure or asset providers.

Usage Data means technical, diagnostic, operational, metering, performance and statistical data generated through the operation or use of the Service. Usage Data does not include Account Content or a Game’s creative content.

ZOXX Library Asset means an Asset made available from a ZOXX catalogue, template, kit, starter project or reusable asset system, including configurable and procedural Assets. A ZOXX Library Asset remains a ZOXX Library Asset even if you select, configure, recolour, resize or otherwise customise it for a Game.

ZOXX Catalogue means the curated collection of Games that ZOXX approves and makes available through zoxx.ai, our apps and other ZOXX-operated distribution channels. It is the same ZOXX Catalogue wherever we make it available, even if presentation or technical features vary by channel or device.

ZOXX Materials means the Service and all software, systems, models, prompts, workflows, agent configurations, templates, kits, procedural systems, interfaces, designs, documentation, technology, tools and other materials created, owned or licensed by ZOXX, together with improvements and modifications to them. ZOXX Materials do not include Account Content, Games as a whole, or Generated Assets, which are treated separately under these Terms.

2. Eligibility, Accounts and Profiles

2.1 Account Holder

You must be an individual who is at least 18 years old and legally able to enter into these Terms where you live to open an Account and accept these Terms. Companies and other legal entities are not eligible to hold an Account.

ZOXX is an adult-operated creative tool. Parents and guardians may use it as a shared family activity by inviting family members to contribute ideas and take part in creative decisions. However, the adult Account Holder must operate the Service and submit all prompts, recordings, files and other information. No other person may operate the Service or submit Account Content through the Account.

Where the Service permits, the adult Account Holder may create and manage profiles to identify family members or other people who contribute to a creative project. A profile does not authorise the person it represents to operate the Service or submit Account Content. The Account Holder is responsible for:

  • deciding whose creative contributions may be associated with each profile;
  • providing any supervision and permissions required by law;
  • ensuring that ideas and other material contributed as part of a shared activity comply with these Terms; and
  • ensuring that ZOXX and its service providers may lawfully process material submitted through the Account; and
  • obtaining the rights, permissions and consents required for material created by each Contributor before the Account Holder submits it as Account Content, without claiming authority the Account Holder does not legally have.

2.2 Managed profiles and guardian authority

If a Managed Profile User is under the age of legal majority, the Account Holder must be that user's parent or legal guardian, or must have permission from a person who is legally entitled to authorise the user's participation in the shared creative activity and the association of their contributions with a profile. The Account Holder must provide the supervision and give or obtain the privacy and other permissions required by applicable law. We may ask for reasonable evidence of that authority.

Authority to create or supervise a Managed Profile does not by itself make the Account Holder the owner of the Managed Profile User's contributions, the user's agent for intellectual-property purposes, or a person entitled to exercise or consent in relation to the user's moral rights. The Account Holder may submit a Managed Profile User's contribution and grant licences or consents concerning it only where, and only to the extent, the Account Holder is legally authorised to do so.

Where applicable law requires a Managed Profile User's own permission or consent to the use of their contribution, including because the user has legal capacity to give it, the Account Holder must obtain it from the user. If the Account Holder cannot obtain a required permission or is unsure whether they have authority over particular material, that material must not be submitted, used to generate Output, published, exported or otherwise exploited through the Service.

2.3 Registration information

You must provide accurate, current and complete registration and billing information and keep it updated. You must not impersonate another person, register an Account using information you are not entitled to use, or transfer an Account without our written approval.

2.4 Account security

You are responsible for taking reasonable steps to keep Account credentials secure and for activity you authorise or that results from your failure to take those steps. You must promptly notify us at support@zoxx.ai if you suspect unauthorised access. We may require you to reset credentials or take other reasonable security steps.

2.5 Trials and usage limits

We may allow limited trials for registered Accounts. Trial limits and conversion terms will be disclosed when you sign up. You must not create multiple Accounts or use false information to evade a trial, usage limit, suspension or payment obligation.

3. The Service and AI-generated Output

3.1 What ZOXX provides

ZOXX uses artificial intelligence and other technologies to help you plan, design, build, modify, save, publish and play Games. The Service may generate code, Assets, gameplay, text and other Output and may use third-party providers to do so.

Features and limits differ by Plan. The Pricing Page and any feature-specific terms you accept form part of these Terms. If feature-specific terms conflict with these Terms, the feature-specific terms prevail only for that feature and only to the extent of the conflict.

3.2 AI limitations

Artificial intelligence is probabilistic and may produce Output that is incomplete, incorrect, unsuitable, offensive, insecure or similar to material produced for someone else. We do not promise that Output will:

  • be accurate, original, unique or free from errors;
  • be protected by copyright or other intellectual property laws;
  • be free of third-party rights;
  • meet the rules of an app store, game marketplace or other distribution platform;
  • work on every device or browser; or
  • achieve a particular creative, commercial or technical result.

You must review and test a Game before submitting it for publication or distributing it independently. You are responsible for the Account Content and instructions you submit, information you give us about a Game, and decisions you make when releasing it independently. ZOXX decides what is published through the ZOXX Catalogue and takes responsibility for the Catalogue as described in section 7.

3.3 Similar Output

Output may be the same as or similar to material generated for other accounts. Rights granted under these Terms apply only to the material generated for your Account and do not give you rights in material generated for anyone else.

ZOXX may reuse Generated Assets as described in section 6. This does not mean that you receive rights in similar or identical material independently generated for another account.

3.4 Service changes

We may improve, update or replace parts of the Service and its AI or infrastructure providers. Where a change materially reduces a paid feature during your current billing period, we will provide reasonable notice where practicable and allow you to cancel the affected subscription for a pro rata refund of the unused prepaid period.

4. Subscriptions, fees and payments

4.1 Plans

We may offer Starter, Creator, Pro, trial and other Plans. The price and billing period for a paid Plan will be displayed before purchase.

4.2 Automatic renewal

Unless stated otherwise at checkout, a paid subscription renews automatically for the same billing period until cancelled. You authorise us and our payment processor to charge the payment method associated with your Account for subscription fees, usage charges, taxes and other amounts you approve.

You may cancel through your Account settings or by contacting billing@zoxx.ai. Cancellation takes effect at the end of the current paid billing period unless applicable law provides otherwise.

4.3 Upgrades and downgrades

An upgrade may take effect immediately and may result in a prorated charge. A downgrade will ordinarily take effect at the next renewal date.

4.4 Usage and credits

We may meter usage and apply reasonable technical limits to protect the Service and other users. Unused allowances do not roll over and are not redeemable for cash.

4.5 Prices and taxes

Prices are shown in the currency displayed at checkout. Australian consumer prices displayed in AUD include GST. You are responsible for other applicable taxes, duties and charges except taxes imposed on ZOXX’s net income.

We may change the price of a paid Plan for a future renewal by giving you at least 30 days’ notice before the renewal date. The new price will not apply to any period you have already paid for. If you do not accept the change, you may cancel before renewal.

4.6 Payment processors

Payments may be processed by a third-party payment processor. Your payment information and transactions are also subject to that provider’s terms and privacy practices. We do not store complete payment card details.

4.7 Refunds and Australian Consumer Law

Except where the Pricing Page says otherwise, we do not provide refunds merely because you change your mind or do not use the Service. This does not limit any right to a refund, re-supply, cancellation or other remedy available under the Australian Consumer Law or other applicable law.

If we permanently discontinue a paid Plan or material paid feature during a prepaid period for reasons unrelated to your breach, we will offer you a choice between a reasonable substitute and a pro rata refund of the unused prepaid period.

4.8 Failed payments

If a payment is overdue or fails, we may retry the payment, limit paid features, downgrade the Account or suspend access after giving reasonable notice. You remain responsible for amounts validly incurred before cancellation or suspension.

5. Ownership of Games, Account Content and contributor rights

5.1 Account Content stays with its actual author or rights holder

Account Content remains owned by its actual author or, where copyright or another right is lawfully owned by someone else, that other rights holder. As between ZOXX, the Account Holder and each Managed Profile User, submitting material through an Account does not transfer its ownership to ZOXX or the Account Holder. In particular, an Account Holder does not acquire ownership of Account Content merely because it was created or submitted through a profile the Account Holder created, manages or pays for.

Each Contributor retains the rights they have in their Account Content, subject only to licences or consents that the Contributor validly gives or that a legally authorised representative validly gives on their behalf. Where Account Content has multiple authors or rights holders, their respective rights continue to apply. These Terms do not determine or alter ownership shares between Contributors.

You are responsible for ensuring that you have all rights, permissions and consents required to submit Account Content and allow it to be used as described in these Terms. You must not publish, export, transfer or otherwise exploit a Contributor's Account Content except as the relevant rights holder has permitted.

5.2 Rights in Games and contributions

As between ZOXX and the Account Holder, the Account Holder owns the rights they create or lawfully acquire in a Game as a whole and its project-specific gameplay, rules, narrative, level design, configuration and bespoke code, subject to:

  • ZOXX’s ownership of ZOXX Materials and ZOXX Library Assets;
  • the separate ownership and licence terms applying to Generated Assets under section 6;
  • the rights applying to Third-Party Materials; and
  • each Contributor's continuing rights in their Account Content, including any rights of joint authorship or ownership; and
  • any rights in material that the Account Holder was not legally authorised to acquire.

To the extent ZOXX obtains any transferable right, title or interest in the project-specific elements described above, ZOXX assigns that right, title and interest to the Account Holder on creation. This assignment does not include Account Content, a Contributor's rights, ZOXX Materials, Generated Assets, ZOXX Library Assets or Third-Party Materials.

Owning rights in a Game as a whole does not transfer or extinguish a Contributor's separate rights in their contribution. A transfer, export or publication of a Game remains subject to those contributor rights and any agreed attribution or use restrictions.

Owning a Game does not mean that you exclusively own every idea, mechanic, genre, technique, workflow, component or Asset appearing in it. Nothing prevents ZOXX or another person from independently developing or generating a Game with similar ideas, functionality or material, provided ZOXX complies with its obligations concerning your Account Content.

5.3 Licence to operate the Service

Whenever these Terms say that you grant a right, licence or consent concerning Account Content or a contribution created by someone else, you do so only in respect of rights that you own or that you are legally authorised to grant on behalf of the relevant rights holder. For a Managed Profile User's material, the Account Holder grants no broader rights than the Account Holder is legally authorised to grant. Status as an adult, parent, guardian, subscriber or Account Holder does not, by itself, establish that authority.

Subject to that limitation, you grant ZOXX, its affiliates and service providers a worldwide, non-exclusive, royalty-free and sublicensable licence to host, store, reproduce, format, transmit, modify, adapt, create derivative works from, display, perform and otherwise process Account Content and Games only as reasonably necessary to:

  • provide, maintain, secure and support the Service;
  • generate and revise Output at your request;
  • host, build, preview and consider your Games for publication according to your settings;
  • detect or prevent fraud, abuse, security threats and violations of these Terms;
  • comply with law and enforce legal rights; and
  • improve the reliability and performance of the Service using internal review and de-identified learnings.

The licence in this section ends when the relevant content is deleted from our active systems, except to the extent that:

  • the Game remains published under the publishing licence in section 5.4;
  • copies remain temporarily in backups;
  • a service provider must retain it under its applicable terms;
  • we must retain it by law or to establish, exercise or defend legal claims; or
  • another licence in these Terms expressly survives.

5.4 Publishing licence for the ZOXX Catalogue

When you submit a Game for publication, and subject to the authority limitation in section 5.3, you grant ZOXX, its affiliates and service providers a worldwide, non-exclusive, royalty-free and sublicensable licence to review, test, host, store, reproduce, format, adapt, translate, modify, communicate, display, perform, publish, distribute and make available:

  • the submitted Game and the versions we publish or reasonably need to support a published release;
  • its public title, description, player instructions and other metadata;
  • its cover images, screenshots and gameplay footage; and
  • the creator and profile attribution selected for it.

ZOXX may exercise this licence only as reasonably necessary to review, curate, secure, operate, distribute and support the ZOXX Catalogue; make it available through ZOXX-operated channels and third-party app stores or distribution platforms; allow players to access, install and play it; comply with law and these Terms; and promote ZOXX in ordinary ways such as discovery pages, showcases, app-store listings and social posts linking to the Catalogue.

We will seek separate permission before using a private Game or Account Content in an unrelated advertising campaign. This publishing licence does not transfer ownership of your Game to ZOXX.

The licence continues while the Game is published and for a reasonable wind-down period afterwards. It also continues for copies already lawfully installed, downloaded or cached by players; records and evidence reasonably needed for legal, safety or platform-compliance purposes; temporary backup retention; and promotional material already lawfully released.

6. Ownership and licensing of Assets

6.1 Why Assets are treated separately

A Game may contain Account Content, Generated Assets, ZOXX Library Assets, ZOXX Materials and Third-Party Materials with different ownership and licence terms. Owning a Game does not override those terms.

6.2 Generated Asset ownership and licences

Where intellectual property rights arise in a Generated Asset, ownership depends on applicable law and any Third-Party Materials or provider terms. As between you and ZOXX, you retain any right, title and interest you have in the Generated Asset. ZOXX does not acquire ownership merely because the Asset was generated through the Service.

To the extent you own or control the rights needed to grant this licence, you grant ZOXX a perpetual, worldwide, non-exclusive, royalty-free and sublicensable licence to host, store, reproduce, format, index, modify, adapt, display, perform, communicate and distribute the Generated Asset only as reasonably necessary to:

  • provide, maintain, secure and support the Service and its asset systems;
  • generate, revise, build, host, publish and distribute Games incorporating the Generated Asset in accordance with these Terms and the applicable Account settings;
  • include a Generated Asset that is eligible under section 6.3 in a reusable library, make it available for incorporation into Games in other accounts, allow those account holders and their service providers and distributors to use, modify, host and distribute it solely as part of those Games, and allow end users to play or use those Games; and
  • comply with law, protect the Service and enforce these Terms.

ZOXX may sublicense the rights above only as reasonably necessary for those purposes. This licence does not transfer ownership to ZOXX, and its perpetual duration does not expand its stated purposes or permit us to retain or use personal information contrary to applicable law or our Privacy Policy.

To the extent ZOXX holds rights in a Generated Asset that you do not already hold and is permitted to grant them, ZOXX grants you a perpetual, worldwide, royalty-free, non-exclusive licence to:

  • use and modify the Generated Asset in your Games;
  • reproduce, publish, perform, communicate, distribute and commercially exploit the Generated Asset as incorporated into a Game; and
  • permit distributors, hosting services, app stores, game platforms and end users to use copies of the Generated Asset as necessary to distribute, host, play or use that Game.

You must not extract, sell, sublicense or redistribute a Generated Asset as a standalone Asset, asset pack, stock item, template or competing library, except with our written permission. You may transfer the benefit of the licence with a lawful transfer of the complete Game in which the Asset is incorporated.

Subject to section 6.3, ZOXX may exercise the limited licence above to reuse the same Generated Asset in Games and accounts other than the one for which it was generated.

6.3 Generated Assets derived from Account Content

We do not acquire ownership of the original Account Content file merely because it is used to generate a Generated Asset. The actual author or other lawful rights holder continues to own that Account Content. To the extent a Generated Asset incorporates protectable elements of Account Content, and subject to the authority limitation in section 5.3, the licence you grant in section 6.2 applies to those elements only as they appear in that Generated Asset and only for the purposes stated in that section. This does not enlarge an Account Holder's authority over a Managed Profile User's contribution.

An original Account Content file is not eligible for cross-account reuse. A Generated Asset created using an original Account Content file as an input or reference, or otherwise materially derived from one, is also not eligible for cross-account reuse.

A Generated Asset that we know reproduces an identifiable person’s likeness or voice, personal information, or other material that we have expressly designated sensitive or account-restricted is not eligible for cross-account reuse. Other Generated Assets are eligible for cross-account reuse under the limited licence in section 6.2.

6.4 Generated Asset limitations

The Generated Asset licences do not transfer ownership of:

  • ZOXX Materials;
  • ZOXX Library Assets or their underlying procedural systems;
  • Third-Party Materials;
  • open-source software or public-domain material; or
  • a provider’s models, training data, software or technology.

Some providers grant commercial usage rights without creating or transferring copyright. Others restrict licensing, sublicensing, particular uses or particular service tiers. Where provider terms limit what can be licensed, passed through or sublicensed, ZOXX will provide the maximum rights it is permitted to provide, but cannot grant greater rights than it has.

We do not guarantee that a Generated Asset is protectable by copyright, enforceable against third parties or globally unique.

6.5 ZOXX Library Assets and ZOXX Materials

ZOXX and its licensors retain all rights in ZOXX Library Assets and ZOXX Materials.

Subject to these Terms and your applicable Plan, ZOXX grants you a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify and distribute ZOXX Library Assets and those ZOXX Materials that are embedded in a Game, solely as part of operating, publishing, distributing and commercialising that Game.

This embedded-use licence continues for copies of a Game validly published or exported while your Account was entitled to do so. It does not permit you to extract, resell, sublicense or distribute ZOXX Library Assets or ZOXX Materials as standalone assets, source libraries, templates, tools or competing services.

6.6 Third-Party Materials

Third-Party Materials remain owned by their respective owners and are governed by applicable third-party terms. We may provide notices, attribution requirements or additional restrictions in the Service, project files or documentation. You must comply with them.

If a Third-Party Material is no longer available or its terms change, we may remove, replace or stop offering it. We will not knowingly remove your existing rights in a copy already validly licensed to you, but continued hosting or generation may depend on the provider.

6.7 Moral rights consent

Moral rights remain personal to each individual author or performer. They are not assigned to ZOXX or the Account Holder under these Terms, and one joint author or performer does not give consent for another. Nothing in these Terms waives or transfers a moral right where applicable law does not permit that right to be waived or transferred.

To the extent permitted by law, an Account Holder who is personally an author or performer gives their informed and genuine consent to ZOXX, our affiliates and service providers, distributors and others acting with our authority doing or omitting to do the following in relation to the material and Games covered by the licences in these Terms:

  • editing, cropping, resizing, compressing, formatting, translating, adapting and combining it with other material;
  • modifying code, gameplay, audio, images and Assets at your request or as technically necessary to operate a Game;
  • displaying creator attribution using the profile information selected for a Game, or omitting attribution where it is not technically reasonable to display it;
  • using and modifying a Generated Asset in other Games as described in section 6.2; and
  • modifying, removing or restricting material as reasonably necessary to comply with law, safety or platform requirements, or these Terms.

For material authored or performed by a Managed Profile User or another person, the Account Holder does not give that person's moral-rights consent merely by accepting these Terms. The Account Holder must obtain a separate, valid and informed consent from that author or performer, or may communicate consent on their behalf only if applicable law permits the Account Holder to represent them for that purpose. Parent, guardian or Account Holder status alone is not treated as proof of that authority. Where the author or performer has legal capacity to consent personally, the consent must be theirs.

Each consent under this section is limited to the specified acts, omissions, classes of acts and purposes described above and to Account Content and Games submitted or created through the relevant Account. It does not authorise false attribution or any derogatory treatment beyond what is inherent in or reasonably necessary for those acts and purposes. If a required moral-rights consent has not been validly obtained, ZOXX may use the material only to the extent otherwise permitted by law and may decline to process, publish or continue hosting it.

7. Publishing, distribution and end users

7.1 One ZOXX Catalogue

The ZOXX Catalogue is one curated collection, whether a player reaches it through zoxx.ai, a ZOXX app or another ZOXX-operated channel. Creating a Game or submitting an update does not automatically put it in the Catalogue. You ask us to consider a Game for publication using the controls we provide, and ZOXX decides whether and when to approve, publish, update, feature, restrict or remove it.

7.2 What you are responsible for

You are responsible for the Account Content and instructions you submit, for having the rights, permissions and consents needed to use that material, and for giving us accurate information about your Game when we reasonably request it. You must comply with these Terms and must not deliberately attempt to evade our safety, security or publication controls.

Every Game submitted for publication must be appropriate for kids as young as 6 and comply with the Child Safety and Content Rules. We may reject, restrict or remove a Game or update that does not meet those Rules or could make the Catalogue unsuitable for its intended audience.

This section does not make you responsible for Output or ZOXX-controlled functionality you could not reasonably control, or for the moderation, publication and platform obligations that ZOXX takes on for the ZOXX Catalogue under section 7.3.

7.3 What ZOXX is responsible for

Because ZOXX controls what enters the ZOXX Catalogue, ZOXX is responsible for:

  • deciding what is published and which version is made available;
  • reviewing and moderating the Catalogue and responding appropriately to reports;
  • assessing whether Games are suitable for the Catalogue's intended audience and meeting any classification or rating requirements that apply; and
  • meeting the app-store, distribution-platform, privacy and child-safety obligations that apply to the Catalogue and to features, data practices, advertising, software development kits and other functionality ZOXX controls.

7.4 Changes, attribution and removal

ZOXX may make technical, compatibility, accessibility, formatting, localisation, security, moderation and audience-suitability changes reasonably necessary to operate the Catalogue. Where practicable, we will ask you to make a material creative change yourself. We may instead decline to publish, restrict or remove the affected material or Game.

You may ask us to unpublish a Game using available controls. Unpublishing ends future public availability through ZOXX after a reasonable processing and wind-down period, but does not require ZOXX, players or platforms to recall copies lawfully received while it was published.

7.5 Public URLs and identifiers

We may provide usernames, profile names, project slugs, public URLs or similar identifiers. They remain part of the Service and are not your property. We may reject, reclaim or change an identifier where reasonably necessary to address infringement, impersonation, inactivity, security, technical requirements or abuse. Where practicable, we will give reasonable notice before changing an active identifier for non-urgent reasons.

7.6 Distribution outside ZOXX

Where your Plan permits export or off-platform distribution, you may distribute and commercialise your Game subject to these Terms and applicable third-party licences. Exporting a Game does not transfer ownership from ZOXX to you: you already own the Game subject to section 5.2 and the different rights that apply to its Assets under section 6.

For an independent release, you are the responsible developer and publisher. You must obtain any required classification or rating and comply with applicable law, privacy and data rules, child-safety requirements, consumer obligations, taxes, player-support requirements and the rules, technical requirements, fees and policies of each destination platform.

ZOXX does not take a share of off-platform revenue unless you separately agree to a marketplace, publishing or revenue-sharing arrangement with us.

7.7 End-user data

You must not design or use a Game submitted for the ZOXX Catalogue to collect personal information from players except through functionality ZOXX expressly provides or approves. ZOXX is responsible for the notices, consents and safeguards required for ZOXX-controlled collection.

If an independently distributed version collects personal information, you are responsible for providing required notices, obtaining required consents, securing that information and complying with applicable privacy laws. You must not use a Game to collect sensitive information unless the collection is lawful and appropriately protected.

8. Privacy, data and service providers

8.1 Privacy Policy

Our collection, use, disclosure and retention of personal information is described in our Privacy Policy at https://zoxx.ai/privacy. The Privacy Policy should be read together with these Terms.

8.2 AI and infrastructure providers

To provide the Service, we may transmit Account Content, Games and Output to third-party AI, media-generation, hosting, storage, security, payment and infrastructure providers. Those providers may process data in Australia or other countries and may apply provider-specific terms and retention practices.

We will select and manage providers with reasonable care, but we do not control every aspect of their systems. Further information about material providers and international disclosures will be described in our Privacy Policy or provider notices where required.

8.3 Service improvement

To improve our Service we may use:

  • feedback provided under section 12;
  • internal evaluations and human reviews to improve quality, safety and reliability; and
  • aggregated or de-identified information that does not reasonably identify you or disclose Account Content.

Third-party providers may process inputs and outputs under their applicable business terms. Where a provider offers a choice, we will use commercially reasonable settings appropriate to the Service and describe material practices in our Privacy Policy.

8.4 Usage Data

ZOXX may collect and use Usage Data to operate, secure, analyse and improve the Service, allocate costs, enforce limits and develop products. To the extent intellectual property rights subsist in a compilation or analysis of Usage Data created by ZOXX, ZOXX owns those rights. We will handle any Usage Data that is personal information in accordance with our Privacy Policy and applicable law.

8.5 Storage and backups

The Service is not a guaranteed archival or backup service. You should retain copies of important Account Content and exports made available to you. We may apply reasonable storage and retention limits disclosed through the Service.

Following deletion, content may remain in backups for a limited period and may be retained where required by law, provider terms or legitimate legal and security purposes.

9. Acceptable use

You must use the Service lawfully, safely and in accordance with these Terms. You must not use, or help another person use, the Service to:

  • deliberately request, submit or distribute a Game or other material that breaches the Child Safety and Content Rules, which are the canonical content standard for Games created or published through ZOXX;
  • infringe or misappropriate intellectual property, privacy, publicity, confidentiality or other rights;
  • upload material you do not have permission to use;
  • create or reproduce a real person's signature or another authentication credential;
  • engage in, promote or facilitate an unlawful or seriously harmful activity, including child exploitation, grooming, child sexual abuse material, terrorism, violent extremism, encouragement of self-harm or suicide, fraud, stalking or unlawful surveillance;
  • disclose personal or confidential information without authority, dox another person or harvest personal information unlawfully;
  • create malware, spyware, ransomware, credential theft, destructive code or instructions intended to compromise systems;
  • attack, probe, overload, disrupt or circumvent the security, limits or operation of the Service or another system;
  • access the Service using bots, scrapers, automated extraction or interfaces we have not authorised;
  • create multiple Accounts, manipulate usage, or evade payment, safety controls, moderation, suspension or access restrictions;
  • reverse engineer, decompile or attempt to extract source code, system prompts, model weights, training data or non-public technology, except to the limited extent such a restriction is prohibited by law;
  • use ZOXX Materials, ZOXX Library Assets, Generated Assets or access to the Service to train or develop a competing generative AI model or competing service without our written permission;
  • redistribute ZOXX Materials, ZOXX Library Assets or Generated Assets as standalone products contrary to section 6;
  • conduct unauthorised advertising, spam or solicitation;
  • facilitate gambling; or
  • violate applicable law, sanctions, export controls, a provider’s applicable terms, or an additional policy you accept through the Service.

We may use automated systems and human review to detect prohibited activity. Context matters, and content may be restricted even if it is not expressly listed above where we reasonably consider restriction necessary to protect users, comply with law or maintain the Service.

10. Content moderation and intellectual property complaints

10.1 Moderation

We may investigate, restrict, unpublish, remove or disable access to content or a Game where we reasonably believe it:

  • breaches these Terms;
  • infringes or is likely to infringe another person’s rights;
  • creates a safety, security or legal risk;
  • is subject to a valid legal or regulatory request; or
  • could materially harm users, ZOXX or the Service.

Where appropriate and legally permitted, we will notify you and provide a reasonable opportunity to respond or correct the issue. We may act immediately in urgent cases.

Players and Account holders may report a Game, content or user through the reporting methods provided in the Service or by emailing safety@zoxx.ai. We will review reports and take the action we reasonably consider appropriate, including restricting content, blocking interactions, preserving evidence, notifying affected people or reporting unlawful material where required.

10.2 Copyright and other rights complaints

If you believe material available through the Service infringes your rights, contact legal@zoxx.ai with:

  • your name and contact details;
  • identification of the protected work or right;
  • identification and location of the material complained of;
  • an explanation of why the use is unauthorised;
  • a statement that the information supplied is accurate and made in good faith; and
  • evidence that you are the rights holder or authorised to act for them.

We may request further information, notify the affected Account, remove or restrict material, or allow a response. Knowingly submitting a false or misleading complaint may expose you to liability.

We may suspend or terminate Accounts that repeatedly or seriously infringe the rights of others.

11. Third-party services

The Service may integrate with or link to third-party services, including AI providers, media generators, hosting platforms, payment processors and authentication services. We do not own or control those services, and their separate terms and privacy practices may apply.

We are not responsible for a third-party service except to the extent responsibility cannot lawfully be excluded or the third party is acting as our agent in circumstances for which we are legally responsible.

We may change or discontinue an integration where the provider changes its service, pricing, rights, availability or terms.

12. Feedback

If you voluntarily provide feedback, suggestions or ideas about ZOXX or the Service, you grant us a perpetual, worldwide, royalty-free, transferable and sublicensable licence to use and incorporate that feedback without restriction or compensation. This does not give us ownership of a Game or Account Content merely because it is mentioned in feedback.

Do not provide feedback that you are required to keep confidential.

13. Beta features and Service availability

We may identify some features as alpha, beta, preview, experimental or early access. These features may be incomplete, change materially, produce unexpected results or be withdrawn.

We aim to provide a reliable Service, but do not guarantee uninterrupted or error-free access. Maintenance, internet failures, provider outages, security events and circumstances beyond our reasonable control may cause interruption.

Nothing in this section limits a consumer guarantee or other right that cannot lawfully be limited.

14. Suspension, cancellation and termination

14.1 Your rights

You may stop using the Service or cancel your subscription at any time. You may request Account deletion using available Account controls or by contacting privacy@zoxx.ai.

Subscription cancellation, Account closure and deletion are different actions. Cancelling a subscription stops renewal but does not necessarily delete the Account or its Games.

14.2 Suspension or termination by ZOXX

We may suspend or restrict an Account immediately where reasonably necessary to:

  • address a material breach of these Terms;
  • prevent fraud, abuse, harm or a security incident;
  • comply with law, a court order or a provider requirement;
  • address non-payment; or
  • protect the Service or other users.

Where a breach can reasonably be corrected and there is no urgent risk, we will ordinarily provide notice and a reasonable opportunity to correct it before permanently terminating the Account.

We may terminate the Service or an Account for reasons unrelated to breach by giving reasonable advance notice. If we terminate a prepaid subscription for convenience, we will provide a pro rata refund of the unused prepaid period.

14.3 Effect of termination

When an Account is terminated:

  • access to the Service and hosted Games may end;
  • public Games may be unpublished;
  • unpaid amounts validly incurred remain due;
  • content may be deleted in accordance with our retention practices; and
  • provisions intended to survive will continue, including ownership, existing Asset licences, confidentiality, liability, indemnity and dispute terms.

Termination, cancellation or downgrade does not retroactively revoke:

  • your ownership of Games;
  • a licence already granted to you for a Generated Asset incorporated in a Game; or
  • the embedded-use licence for ZOXX Materials in a Game validly published or exported while permitted.

If technically and legally practicable, we will provide a reasonable opportunity to retrieve exports available under your Plan before a non-urgent termination initiated by ZOXX.

15. Warranties and Australian Consumer Law

15.1 Non-excludable rights

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. For example, services supplied to consumers must generally be provided with due care and skill, be fit for a purpose made known in relevant circumstances, and be supplied within a reasonable time where no time is specified.

Nothing in these Terms excludes, restricts or modifies those guarantees or any other non-excludable right or remedy.

15.2 Service disclaimer

Except for rights and warranties that cannot lawfully be excluded, the Service, Output and ZOXX Materials are provided on an “as available” basis. To the maximum extent permitted by law, we do not make additional warranties that:

  • the Service will always be available, secure or error-free;
  • Output will be accurate, complete, original, unique, non-infringing or suitable for a particular purpose;
  • a Game will be commercially successful or accepted by a platform;
  • defects will always be corrected; or
  • data will never be lost.

You acknowledge the particular limitations of AI described in section 3.

16. Liability

16.1 Liability that is not limited

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability arising from fraud, wilful misconduct, or a failure to comply with a non-excludable consumer guarantee.

16.2 Excluded loss

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, including any such loss of profit, opportunity, goodwill or data, arising from these Terms or the Service, except where such loss:

  • cannot lawfully be excluded;
  • was caused by fraud or wilful misconduct; or
  • was reasonably foreseeable as a result of a failure to comply with a non-excludable consumer guarantee.

16.3 Liability cap

To the maximum extent permitted by law, each party’s aggregate liability arising out of or relating to the Service or these Terms is limited to the greater of:

  • the amount you paid ZOXX for the Service during the 12 months before the event giving rise to the claim; and
  • AUD $100.

This cap does not apply to liability identified in section 16.1 or where applying the cap to either party would be unlawful or unfair under applicable law.

16.4 Permitted limitation for services

Where the Australian Consumer Law permits us to limit a remedy for failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the affected services again or paying the reasonable cost of having them supplied again. This limitation applies only where it is fair and lawful to do so.

17. Your responsibility for claims

To the extent permitted by law, you indemnify ZOXX and its officers, employees and contractors against a third-party claim and resulting loss or reasonable legal cost to the extent caused by:

  • Account Content you were not entitled to submit or license;
  • materially false information you provide about a Game;
  • a deliberate attempt to evade our safety or publication controls;
  • an independently released Game infringing another person’s rights or breaking the law;
  • your unlawful, fraudulent or wilful misuse of the Service; or
  • your material breach of these Terms.

Your responsibility is reduced to the extent that ZOXX’s breach, negligence, wilful misconduct or unlawful act caused or contributed to the loss. We will give you reasonable notice of a covered claim and allow reasonable participation in its defence. You must not settle a claim in a way that admits liability for ZOXX or imposes an obligation on ZOXX without our written consent, which will not be unreasonably withheld.

You do not indemnify ZOXX for a claim caused by our publication or audience-suitability decision, moderation, platform compliance, ZOXX-controlled functionality, or a change we made without your instruction, except to the extent the claim was also caused by your breach or by Account Content you were not entitled to submit or license.

This section does not require a consumer to indemnify ZOXX for merely exercising a legal right or for loss that it would be unfair or unlawful to transfer to the consumer.

18. Governing law and disputes

18.1 Informal resolution

If a dispute arises, either party may give the other written notice describing the issue and requested resolution. The parties will attempt in good faith to resolve it for at least 30 days before starting court proceedings, unless urgent relief is required.

This process does not prevent you from contacting a consumer protection regulator, bringing a claim in a tribunal or court where you are legally entitled to do so, or exercising a non-excludable consumer right.

18.2 Governing law

These Terms are governed by the laws of New South Wales, Australia, and the laws of the Commonwealth of Australia applicable there, without excluding any mandatory law that applies where you live.

The parties submit to the courts with jurisdiction in New South Wales, but a consumer may bring proceedings in another forum where applicable law gives them that right.

19. Changes to these Terms

We may update these Terms or the Child Safety and Content Rules to reflect changes to the Service, Plans, providers, law, classification standards, safety requirements or business operations.

We will give at least 30 days’ notice of a material change by email, in-product notice or another reasonable method, unless a shorter period is reasonably necessary to comply with law, address an urgent security or safety issue, or introduce an optional new feature.

A material change takes effect no earlier than the end of the applicable notice period unless a shorter period is permitted under this section.

A material change that is detrimental to you will not apply during your current prepaid billing period unless reasonably necessary to comply with law or address an urgent security or safety issue. If such a change applies during that period, you may cancel and receive a pro rata refund of the unused prepaid period.

If you do not agree to a material change, you may stop using the Service and cancel before it takes effect. Continued use after the effective date constitutes acceptance where permitted by law.

20. General terms

20.1 Additional terms and entire agreement

These Terms, the Privacy Policy, the Pricing Page, the Child Safety and Content Rules and any feature-specific terms you accept form the entire agreement between you and ZOXX about the Service and replace earlier representations or agreements about the same subject matter.

Nothing in this section excludes liability for misleading or deceptive conduct or another liability that cannot lawfully be excluded.

20.2 Assignment

You may not assign your Account or these Terms without our written consent. This does not prevent you from transferring a Game where the rights granted under these Terms permit that transfer.

ZOXX may assign these Terms as part of a genuine corporate restructure, financing, merger, acquisition or sale of the Service, provided the recipient assumes ZOXX’s material obligations under these Terms and the assignment does not materially reduce your rights. We will provide notice where required by law.

20.3 No waiver

A failure or delay in enforcing a right is not a waiver of that right.

20.4 Severability

If a term is invalid, illegal or unenforceable, it will be read down to the minimum extent necessary or severed. The remaining terms continue to apply.

20.5 Force majeure

Neither party is responsible for delay or failure caused by events beyond its reasonable control, except for payment obligations already incurred. This does not limit rights that cannot lawfully be limited.

20.6 Relationship

These Terms do not create employment, partnership, agency, fiduciary or joint-venture relationships between you and ZOXX.

20.7 Notices

We may give notices through the Service or by email to the address associated with your Account. You are responsible for keeping that address current.

Legal notices to ZOXX must be sent to legal@zoxx.ai and, where formal service is required, to Unit 113, 4 Columbia Court, Norwest NSW 2153, Australia.

20.8 Headings and interpretation

Headings and summaries are for convenience. “Including” means “including without limitation.” A reference to written notice includes email and in-product notice unless formal service is legally required.

20.9 Electronic acceptance and IP assignments

The parties agree that electronic acceptance of these Terms is intended to constitute a written agreement and electronic signature for the purposes of any assignment or consent in these Terms, including an assignment of existing or future copyright, to the fullest extent permitted by applicable law. It is effective only for rights the accepting person owns or is legally authorised to grant under sections 2.2 and 5.3. Electronic acceptance by an Account Holder is not deemed to be the signature or personal moral-rights consent of a Managed Profile User or other Contributor without that authority.

21. Contact

Questions, complaints and support requests may be sent to:

ZOXX Pty Ltd
ABN: 89 700 936 090
Address: Unit 113, 4 Columbia Court, Norwest NSW 2153, Australia
General support: support@zoxx.ai
Billing: billing@zoxx.ai
Safety and content reports: safety@zoxx.ai
Privacy and data requests: privacy@zoxx.ai
Legal and rights complaints: legal@zoxx.ai