Creator Terms of Service

Version 1.0

Draft. Not in force. Not legal advice.

These Terms govern your use of Klooz as a creator: designing experiences in the studio, publishing them, listing them, and (once payments go live) selling tickets to them.

You are the author and the organiser of what you publish. Klooz distributes it. That division runs through this whole document, and §5 is the part you must read in full before you publish anything that sends a player into the physical world.

1. Who you are contracting with

The Klooz platform is operated by:

[FULL NAME], egyéni vállalkozó (registered sole trader) Registration number: [EV NYILVÁNTARTÁSI SZÁM] Tax number: [ADÓSZÁM] Registered address: [ADDRESS] Email: [CREATOR SUPPORT EMAIL]

Referred to below as "Klooz", "we" or "us". You are "you" or "the creator".

Drafting note. If the business is transferred to a company, these Terms must be reissued with the new contracting party and a new policy_id, on at least 15 days' notice (§13).

2. What these Terms cover

These Terms apply when you create a creator account and accept them. They are made available to you in full before you sign up, and remain accessible from your account at all times.

Also part of your contract with us:

If these Terms conflict with one of those, these Terms govern, except on data protection, where the Privacy Policy governs.

Where you act as a business, Klooz is an online intermediation service and Regulation (EU) 2019/1150 applies to our relationship. Sections 4, 9, 12 and 13 exist because of it.

3. Your creator account

3.1 Eligibility

You must be at least 18 years old and have legal capacity to contract. You may act as an individual or on behalf of a business; if on behalf of a business, you confirm you are authorised to bind it.

One creator account per person or business.

3.2 Your status

You are independent. Nothing in these Terms creates employment, partnership, agency or a joint venture between us. You decide what you make, when you make it, and what it costs, subject to these Terms.

You are responsible for your own taxes, registrations, licences and permits.

3.3 Information you must give us

You must give accurate identity, contact and (once payouts exist) tax and bank details, and keep them current. We may suspend publishing or payouts if we cannot verify them or if they are out of date.

4. Publishing on Klooz

4.1 Drafts and versions

You author an experience as a draft. When you publish, the draft is validated and frozen into an immutable version. Players always play a version, never your live draft; later edits cannot change a session already running or a ticket already sold.

4.2 Validation is not approval

The studio checks structural things: that your experience has a reachable ending, required metadata, and that you have confirmed the safety checklist. Passing validation is not us approving your content, verifying your facts, or certifying your route as safe. Responsibility for those stays with you.

4.3 Listings

To offer a published version to players you create a listing with title, description, media, category, themes, language and (once payments exist) a price. Listing text must be accurate, must not mislead, and must be translated into every language you offer it in.

4.4 How experiences are ranked and presented

Under Article 5 of Regulation (EU) 2019/1150 we must tell you the main parameters that determine how experiences are ordered when players browse, and why they matter.

Currently:

  • players narrow the catalogue with filters: primary category, theme, language, and location;
  • within a filtered set, results are ordered by objective, non-commercial criteria: relevance to the filters applied, the experience's rating from verified players, and how recently it was published;
  • no creator can pay for a higher position. We do not sell placement, and your subscription plan does not affect ranking;
  • we may promote a small number of experiences editorially, for example a new city or a seasonal theme. Where we do, it is labelled as such and chosen by us on editorial grounds, not sold.

If we introduce paid placement or change these parameters materially, we will update this section and give you at least 15 days' notice (§13).

Drafting note. Public player browse is not yet built. This section describes the intended behaviour and must be checked against the shipped ranking implementation (and corrected if it differs) before launch. A P2B ranking disclosure that does not match the code is worse than none.

4.5 Playtesting

You may invite testers to play an unpublished version. Testers get access outside the normal purchase path. You are responsible for who you invite and for their safety in exactly the same way as for a paying player.

4.6 Our right to review

We may review anything you publish, at any time, and act under §9 if it breaches these Terms or the Acceptable Use Policy. We are not obliged to review, and not reviewing does not make us responsible for what you publish.

5. Your responsibilities: content, rights and real-world safety

This section is the core of the agreement. By publishing, you represent and warrant each of the following, and you keep doing so for as long as the experience is live.

5.1 Rights

You own or have all necessary rights to everything in your experience (text, images, audio, maps, trademarks, characters) and to grant us the licence in §6. Your content does not infringe anyone's copyright, trademark, database right, design right or personality right.

Third-party media must be properly licensed for commercial distribution on a platform. "Found on the internet" is not a licence.

5.2 Accuracy

Factual claims (history, opening hours, distances, durations, difficulty, accessibility) are accurate to the best of your knowledge and reviewed when they change. Accessibility statements in particular must be true; players rely on them to decide whether they can take part at all.

5.3 Lawful and permitted locations

Every location you send players to is one they are lawfully entitled to be at, at the times your experience directs them there.

You must not design an experience that:

  • sends players onto private property, closed premises or restricted areas without the owner's permission;
  • requires trespass, climbing, entering water, or crossing railway lines, roads or construction sites away from a designated crossing;
  • requires players to damage, remove, deface or alter anything in the physical world;
  • directs players to a location that is unsafe at the time of day the experience is designed for;
  • breaches local rules on access, filming, noise, gatherings or commercial activity in a place.

Where a location requires the permission of an owner, a venue, or a public authority, you must obtain it before publishing and be able to evidence it if asked.

5.4 Safety of the route

You must walk or otherwise complete your own route before publishing it, in conditions comparable to those you expect players to use it in, including at night, if you design it for night. You must consider traffic, lighting, surfaces, isolation, mobile coverage, and what a lost or injured player would do at each point.

Safety-relevant information (hazards, terrain, minimum age, required equipment, whether it suits children) must be stated in the listing.

Confirming the studio's safety checklist is a statement that you have actually done this. It is not a formality.

5.5 Minors and vulnerable participants

If your experience is suitable for players under 18, say so, and design it accordingly. If it is not, set an appropriate minimum age. Do not design experiences that put minors in contact with strangers unsupervised.

5.6 Insurance

You are responsible for deciding whether you need liability insurance for the activity you organise, and for obtaining it where the law of the place requires it.

Drafting note. Optional clause, decision required. A stronger version reads: "Where you operate as a business, or where local law requires it, you must maintain public liability insurance appropriate to the activity and provide evidence on request." Requiring insurance shifts risk toward creators and away from the platform, but raises the barrier to a creator publishing at all; a live tension for a marketplace with no supply. See README open question 3.

5.7 Data protection

If your experience collects personal data from players beyond what the platform collects, you must have a lawful basis and tell players. Do not use player data you see through Klooz (display names, locations, progress, contact details) for anything other than running your experience and supporting your players. Do not export it, market to it, or sell it.

Where we each determine our own purposes, we are independent controllers. Where you process player data on our behalf, a separate data processing agreement applies.

Drafting note. The controller relationship between platform and creator needs a lawyer's determination, and a DPA drafted if it turns out to be processor-shaped.

5.8 Acceptable use

Everything you publish complies with the Acceptable Use Policy.

6. Rights in your content

6.1 You keep ownership

You own your experiences. Nothing here transfers ownership to us.

6.2 Licence to us

You grant Klooz a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt for technical formats, translate, publicly display, distribute and communicate your experience and its listing:

  • to operate the platform and deliver your experience to players, including in offline content packs stored on players' devices;
  • to promote the platform and your experience, for example a listing thumbnail in a catalogue, a marketing email, an app-store screenshot or social post.

The licence lasts while your content is published, plus:

  • for as long as any player holds a valid ticket to a version, so we can deliver it to them;
  • a reasonable technical period to remove it from caches, backups and downloaded packs;
  • for promotional material already distributed, until it is withdrawn in the ordinary course.

6.3 Feedback

If you send us suggestions about the platform, we may use them freely without obligation to you.

6.4 Our brand

You may say your experience is available on Klooz. You may not use our name or logo in a way that suggests we endorse you, or register anything confusingly similar.

7. Plans and limits

Klooz offers creator plans. The current plans, their prices, and their limits are shown on the billing page and form part of these Terms.

Plans differ in media storage, how many experiences you may have published at once, how many free-to-play experiences you may offer, and (once payments go live) the commission rate on ticket sales (Annex B).

What is actually enforced today: the media storage limit. If you exceed it, uploads are refused until you free space or upgrade. The other limits are stated in the plan description but not currently applied by the platform; we may begin applying them on notice under §13.

Drafting note. This paragraph is deliberately honest rather than aspirational. Update it as each limit is enforced. Also open: the Free-plan storage figure is small enough that a creator may not be able to publish anything real on it; a product decision that this document merely reports.

Subscriptions. Plan fees are charged in advance for the period shown. You may cancel at any time, effective at the end of the paid period; we do not refund part periods unless the law requires it. If you downgrade and are over the new plan's limits, you must bring your content within them; we may unpublish listings until you do.

If a plan payment fails, we may suspend paid features after notifying you and giving you a reasonable chance to fix it.

8. Your relationship with players

Once payments go live, tickets are sold by Klooz in its own name (Player Annex A), but the experience is yours. You must:

  • deliver what the listing describes;
  • keep the experience playable: if a venue closes or a route becomes unsafe, update or unpublish it promptly;
  • answer player questions we route to you within a reasonable time;
  • co-operate with support when a session goes wrong in the field.

If you unpublish or materially change an experience, players who already hold a ticket keep their right to play the version they bought. If it becomes genuinely unplayable, we may refund them and charge the refund back to you under Annex B.

9. Restriction, suspension and termination

This section reflects Article 4 of Regulation (EU) 2019/1150.

9.1 Grounds

We may restrict a listing, suspend your ability to publish, or terminate your creator account where:

  • you breach these Terms or the Acceptable Use Policy;
  • your content is illegal, or your experience endangers players or the public;
  • you do not hold the rights to content you publish;
  • you give false information, or we cannot verify your identity;
  • you repeatedly fail to keep experiences accurate or playable;
  • fraud, payment abuse, or manipulation of ratings or rankings;
  • the law or a competent authority requires it;
  • we discontinue the service.

9.2 Notice and reasons

Restriction or suspension: we give you a statement of reasons on a durable medium, at the latest when it takes effect.

Termination: we give you a statement of reasons and at least 30 days' notice before it takes effect.

The 30-day notice does not apply where:

  • a legal or regulatory obligation requires immediate termination;
  • you have repeatedly infringed these Terms;
  • there is an overriding reason: in particular illegal content, a safety risk to players or the public, counterfeiting, fraud, malware, spam, a data breach or another cybersecurity risk.

Given what Klooz is, a route that puts players in physical danger is an overriding reason and will be acted on immediately.

9.3 Challenging a decision

You may challenge a restriction, suspension or termination by writing to [APPEALS EMAIL] within [N] days. We will review it, and where the decision was wrong we reinstate without delay. We will tell you the outcome and why.

Note. Articles 11 and 12 of Regulation (EU) 2019/1150 (a formal internal complaint-handling system and named mediators) do not apply to providers that are small enterprises employing fewer than 50 people. Klooz is below that threshold, so the route above is a direct one. If Klooz grows past it, this section must be replaced with a compliant Article 11 system and two named mediators.

9.4 Effect

On termination your listings are removed from the catalogue. Players holding valid tickets keep access to the version they bought until it expires, and the §6.2 licence survives to that extent. Any amounts owed to you under Annex B remain payable, less amounts you owe us.

You may close your creator account at any time. §8 obligations to players who already hold tickets survive.

10. Our liability to you

We provide the platform with reasonable skill and care, but do not promise it will be uninterrupted or error-free, and we do not promise any level of sales, visibility or income.

We are not liable to you for indirect or consequential loss, lost profit, lost data, or loss of goodwill. Where we are liable, our total liability to you in any 12-month period is limited to the greater of the plan fees you paid us in that period and [AMOUNT] EUR.

We do not limit liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot be limited under Hungarian law.

11. Your liability to us

You are responsible for what you publish. If a third party (a player, a landowner, a rights holder, an authority) brings a claim against us because of your experience, your content, or your breach of these Terms, you will indemnify us against that claim and the reasonable costs of defending it.

This does not apply to the extent the claim arises from our own act or omission.

Drafting note. An unlimited indemnity against a creator who is a consumer-like individual may be unenforceable and is commercially aggressive for a platform courting first creators. Ask the lawyer whether to cap it or limit it to breaches within the creator's control.

12. Confidentiality and data access

We give you analytics about your own experiences. You may not use platform data to build a competing service or to identify individual players beyond what the interface shows you.

We do not sell your creator data to third parties. What we do with it is in the Privacy Policy.

13. Changes to these Terms

We may change these Terms. We will notify you on a durable medium and give you at least 15 days' notice before the change takes effect, longer where the change requires you to make technical or commercial adjustments.

You may terminate before the change takes effect. Publishing or listing after it takes effect means you accept it.

The notice period does not apply where the change is required by a legal obligation, or where it addresses an unforeseen and imminent danger to the service, its users or the public.

Each version has a policy_id; we record which one you accepted.

14. Support and complaints

[CREATOR SUPPORT EMAIL], target response [N] working days.

Business creators may also raise disputes under §9.3. Creators who are consumers keep the routes in the Player Terms §13.

15. Other terms

Assignment. You may not transfer these Terms. We may transfer to a successor of the business, on notice.

Severability, waiver, entire agreement. As in the Player Terms §15.

Language. Published in English; see Player Terms §15 on translations.

16. Governing law and jurisdiction

Governed by Hungarian law. Where you contract as a business, the courts of Hungary have exclusive jurisdiction. Where you are a consumer, Player Terms §16 applies instead.

Annex B: Commission, payouts and tax (not yet in effect)

This annex does not apply. There is no payout mechanism on the platform: no connected accounts, no payout schedule, no settlement reporting. Commission is currently a number in configuration that nothing applies. No creator may be told they will be paid until this annex is completed and the mechanism is built. It takes effect only on the date announced with an updated version of these Terms.

B1. Commission

Klooz retains a commission on each ticket sold, at the rate for your plan, shown on the billing page and confirmed on each listing before you publish it. Commission is calculated on the ticket price excluding tax.

We may change commission rates on at least [30] days' notice under §13. A change applies to tickets sold after it takes effect, never retroactively.

B2. Payouts

To be completed. Must state: the payment provider and the account you must open; the payout schedule; the minimum payout; the currency and who bears conversion cost; what happens to funds held for a suspended creator; and the settlement report you receive.

B3. Refunds and chargebacks

Where a ticket is refunded or charged back, the corresponding creator share is deducted from your next payout or invoiced to you. Commission on a refunded ticket is not retained by us.

Note. This clause is unenforceable in practice until the platform can actually revoke a ticket on refund. Today it cannot.

B4. Tax

You are responsible for your own tax. Prices shown to players include applicable tax; VAT on a real-world activity is generally due where the activity happens. You must tell us your VAT status and registration, and keep it current.

We may be required to collect information about you and report your income to tax authorities under EU rules on platform seller reporting (DAC7). By using the payout service you agree to give us that information; we may withhold payouts until you do.

B5. Set-off

We may set off against amounts due to you: refunds and chargebacks under B3, plan fees you owe, and amounts you owe us under §11.