Mebobox Developer & Publishing Agreement v0.2

Between Mebobox Ltd and the developer or publisher of software

In plain English — what this agreement means

This summary is for orientation only; the numbered clauses below are what actually govern.

• You own your software, and you're responsible for it — that it works, is safe, is suitable for children, keeps any user data within Mebobox's platforms, carries no advertising, and only uses third-party code you are entitled to use.
• Anyone can publish, including under-18s — but a responsible adult (such as a parent, guardian or teacher) must accept this agreement for a young person and take responsibility.
• Mebobox runs the platforms (Mebobox and any others) and the Library store, and can decline, remove or withdraw your software and/or your developer account at any time.
• Your software must not send any data about users beyond Mebobox's platforms, and must not contain advertising (unless Mebobox agrees in writing) — no analytics, no tracking, no third-party data sharing.
• You can publish your software on other platforms too — but on Mebobox platforms you may only charge for it through Mebobox (the Library).
• Only use content you're allowed to — don't include anyone else's copyrighted material (artwork, music, audio, video, fonts, code, characters, brands…) unless you created it or have the copyright holder's permission to use and distribute it.
• You're responsible for your software, including any copyright or other intellectual-property infringement — you, the developer, are liable for any infringement within your game; if anyone brings a claim against Mebobox because of it, you cover it.
• Mebobox may use submitted software and non-personal platform data to improve and develop its products, including training models.
• You must publish only appropriate content — your software must be suitable for children and meet Mebobox's content standards.

1. Parties and definitions

1.1 This agreement is between Mebobox Ltd, a company registered in England & Wales (No. [——]) ("Mebobox", "we", "us"), and the developer or publisher who accepts it ("you", the "Developer").

1.2 In this agreement:

• "Mebobox Platforms" (or the "Platforms") means the gaming and software platforms operated by Mebobox from time to time, including the Mebobox console, and any other current or future platforms, consoles, stores or distribution channels Mebobox operates.
• "Mebobox" means Mebobox's console known as Mebobox.
• "Library" means the store and marketplace, known as the Library, through which Mebobox distributes Software (and processes any payments for it) on the Mebobox Platforms.
• "Software" means any software — including any game, application or other software — together with its content and listing assets, that you submit to or distribute on the Mebobox Platforms.
• "Mebobox Tools" means any code, libraries, software development kits (SDKs), tools, APIs, samples or documentation that Mebobox may — but is not obliged to — make available to help you develop Software for the Mebobox Platforms. Each item of Mebobox Tools is licensed separately (see clause 5).

2. Acceptance and who can publish

2.1 Anyone may develop and submit Software.

2.2 Under-18 developers. If you are under 18 (or under the age of majority where you live), a responsible adult who is over 18 — such as a parent, legal guardian or teacher — must read and accept this agreement on your behalf, agree to be bound by it, and take responsibility for your compliance with it. By accepting, that adult confirms that they are responsible for you in this context (for example as your parent, guardian or teacher) and that they accept this agreement for you. References to "you" then include that adult where the context requires.

2.3 Organisations. If you accept on behalf of a company or other organisation, you confirm you are authorised to bind it.

2.4 By submitting Software or accepting this agreement, you (and, where relevant, your responsible adult or your organisation) agree to it.

3. Licence you grant to Mebobox

3.1 You grant Mebobox a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, cache, reformat and transcode (for delivery and compatibility), distribute, transmit, publicly display, make available and otherwise use your Software and its listing assets (icon, screenshots, description, trademarks) for the purpose of operating the Mebobox Platforms and the Library and distributing your Software to users.

3.2 You also grant Mebobox a licence to use your Software's name, icon and screenshots to market and promote the Software and the Mebobox Platforms.

3.3 These licences are limited to operating and promoting the Mebobox Platforms. For copies already distributed to users, they continue after this agreement ends.

4. How your Software must be licensed (two tracks)

4.1 You must license each item of Software to end users under either: (a) an approved permissive open-source licence listed in Schedule 1; or (b) the Mebobox Commercial Licence (or your own proprietary end-user licence that meets the minimum terms in Schedule 1).

4.2 No strong copyleft. Strong copyleft and "share-alike" / reciprocal licences (including the GPL, AGPL, SSPL and CC-BY-SA) are not permitted for your Software or for any bundled dependency, library, asset, font or other component. LGPL and MPL-2.0 components may be used provided their use does not require disclosure of proprietary source code, does not impose obligations on the Software as a whole, does not impose obligations on Mebobox, the Mebobox Platforms or the Mebobox Tools, and all applicable licence obligations are complied with.

4.3 Your responsibility. You are responsible for ensuring that every component of your Software complies with this clause 4 and with the terms of its own licence. You do not need to file a bill of materials, but you must be able to demonstrate compliance if asked.

4.4 No licence applied to your Software may purport to impose any obligation on, or grant any rights in, any Mebobox Tools, the Mebobox Platforms, the Library, Mebobox's intellectual property, or any other developer's software.

5. Mebobox tools and components

5.1 Mebobox is under no obligation to provide any development tools. If Mebobox does make available any Mebobox Tools to help you develop Software, each item is licensed to you individually under its own separate licence terms supplied with that item.

5.2 Use only as each licence permits. You may use each item of Mebobox Tools only for the purposes, and on the terms, set out in its individual licence, and for no other purpose. Unless that item's licence expressly states otherwise, the Mebobox Tools are proprietary and confidential, remain the exclusive property of Mebobox, and must not be reverse engineered, decompiled, sub-licensed, published, redistributed or used outside developing Software for the Mebobox Platforms, except to the extent such a restriction cannot lawfully be excluded.

5.3 Software you build is not a derivative work of any Mebobox Tools, and no rights in the Mebobox Tools pass to you beyond the specific licence granted for each item. Mebobox may change, update or withdraw any Mebobox Tools at any time.

6. Ownership

6.1 You own and are responsible for maintaining your Software. Mebobox owns the Mebobox Platforms, the Library, the Mebobox Tools and its own intellectual property. Neither party's ownership passes to the other except under a separate written assignment signed by the owner.

7. Your warranties and responsibilities

You warrant and undertake, on each submission and for as long as your Software is available, that:

• (a) you own, or have all rights and permissions necessary to grant the licences in, and to distribute, your Software and all of its content;
• (b) your Software, and its distribution through the Mebobox Platforms, do not infringe any third party's intellectual property, privacy, publicity or other rights;
• (c) Third-party content & copyright. you are responsible, and liable, for ensuring that all third-party and open-source code, libraries, assets, audio and fonts in your Software are properly and lawfully licensed, compatible with this agreement (no copyleft), and used in accordance with their terms; and that your Software contains no copyrighted material — including artwork, music, audio, video, fonts, code, characters or brands — unless you created it or have the copyright holder's explicit permission to use and distribute it;
• (d) your Software functions as described, is free of malware or other harmful code, and meets the technical and certification standards Mebobox publishes from time to time;
• (e) your Software complies with the Content Standards (clause 8) and the Privacy rules (clause 9);
• (f) you will maintain your Software and provide reasonable end-user support; and
• (g) you comply with all applicable laws, including export, sanctions and consumer-protection laws.

8. Content standards (suitable for children)

8.1 Software must be suitable for players aged 10 and over (broadly equivalent to PEGI 7 / ESRB "Everyone 10+").

8.2 The following are prohibited: sexual, pornographic or suggestive content, or nudity; explicit, gratuitous or realistic violence, gore or cruelty; profanity, hate speech, or content promoting discrimination, self-harm, drugs, weapons or illegal acts; the explicit promotion of religious or political views, causes, parties or candidates; real-money or simulated gambling; content likely to frighten or distress children; and deceptive, misleading or scam content.

8.3 Mebobox determines whether Software is appropriate in its sole and reasonable discretion, and may reject or remove any Software it considers unsuitable for children. (This mirrors the child-safety standards of platforms such as Apple's App Store "Kids" requirements and Google Play's Families policy.)

8.4 Compliance with your local law. Your Software, its content and its distribution must also comply with all laws that apply in your own jurisdiction, and you are responsible for ensuring this.

8.5 No advertising. Your Software must not contain, display or serve any advertising — including advertisements within the Software, sponsorships, promotional placements, or third-party advertising or marketing networks — unless Mebobox agrees otherwise in writing.

8.6 Functionality and review. If your Software is made publicly available on a Mebobox Platform, it must be functional and operate as described, and it is subject to review by Mebobox.

9. Privacy — no data collection

9.1 No data beyond the platforms. Your Software must not collect, store, transmit, transfer or share any data about users — including personal data, device or advertising identifiers, analytics, telemetry, behavioural or usage data, location, tracking or fingerprinting — anywhere beyond the Mebobox Platforms. No user data may leave the Mebobox Platforms (including the device).

9.2 Your Software must not include any third-party analytics, advertising, tracking or profiling code or SDK.

9.3 This reflects the Mebobox Platforms' privacy-first, child-safe design and supports compliance with laws such as the UK GDPR, the UK Age Appropriate Design Code and the US COPPA. You are responsible and liable for any breach of this clause by your Software. Any data your Software stores or handles must remain within the Mebobox Platforms and must not be transmitted to any third party or destination beyond them, except as Mebobox expressly approves in writing.

10. Use of submission and platform data

10.1 You agree that Mebobox may use the Software, listing assets and metadata you submit, together with non-personal data about the operation and use of the Mebobox Platforms (including aggregated, anonymised and de-identified operational data), solely for: operating the Mebobox platform; operating the Library; moderation; safety and security; compatibility testing; quality assurance; analytics; search and discovery; recommendation systems; platform development; platform improvement; and the development, maintenance and improvement of current and future Mebobox products and services.

10.2 This clause does not permit your Software to collect user data (clause 9 still applies), and Mebobox will handle any personal data in accordance with its privacy notice and applicable law.

10.3 Nothing in this clause permits the use of Developer Software, source code, artwork, music or other content to train general-purpose artificial intelligence models unrelated to the operation, maintenance, development or improvement of Mebobox products and services.

11. Submission and review

11.1 Mebobox may (but need not) review, test and certify Software before and after publication, and may require changes. Approval is not guaranteed and does not make Mebobox responsible for your Software.

12. Publication, withdrawal and revocation

12.1 Mebobox's discretion. Mebobox may approve, decline, suspend, remove or withdraw any or all of your Software, and/or suspend, revoke or terminate your developer account and access to the Mebobox Platforms, at any time and with or without cause, at its discretion. Mebobox may act immediately, including where required for legal, regulatory, security, safety, child-protection or platform-integrity reasons.

12.2 Statement of reasons. Where reasonably practicable, Mebobox will provide a statement of reasons for any suspension, removal, withdrawal, revocation or termination to the contact email address associated with the developer account. Failure to provide a reason immediately, or at all where not reasonably practicable, does not invalidate, delay or affect the effectiveness of the action.

12.3 Mebobox is not liable to you for any decision to decline, remove, suspend, withdraw or revoke Software or an account, including for any lost sales, revenue or income.

13. Liability and allocation of risk

13.1 Platforms "as is". The Mebobox Platforms and the Library are provided "as is" and "as available". Mebobox does not warrant uninterrupted availability, uptime, sales volumes, discoverability or revenue.

13.2 No liability for loss of income. To the maximum extent permitted by law, Mebobox is not liable to you for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, income, sales, goodwill or data, arising out of or in connection with this agreement, the Mebobox Platforms, or any removal or withdrawal of Software — even if advised of the possibility.

13.3 Cap. To the maximum extent permitted by law, Mebobox's total aggregate liability to you is limited to the greater of (a) the commission or fees Mebobox actually received in respect of your Software in the two months before the event giving rise to the claim, or (b) £500.

13.4 You are responsible for your Software. You are solely responsible and liable for your Software, including its operation, content, and any loss, damage, injury or harm it causes to any person, device, data or property.

13.5 Carve-out. Nothing in this agreement excludes or limits any liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for fraud.

13.6 Intellectual property and copyright. You, the Developer, are solely responsible and liable for any infringement, or alleged infringement, of any third party's copyright or other intellectual property or other rights by your Software, and for resolving and bearing the cost of any such claim. You must not include any copyrighted material in your Software unless you own it or have the copyright holder's permission to use and distribute it. This responsibility passes entirely to you.

14. Indemnity (claims pass to you)

14.1 You will indemnify, defend and hold harmless Mebobox, its group companies and their officers, employees and agents from and against all claims, demands, actions, liabilities, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• (a) your Software, including its development, content, operation, distribution, removal or discontinuation;
• (b) any actual or alleged infringement of a third party's intellectual property or other rights;
• (c) your use of third-party or open-source code, assets, audio or fonts;
• (d) any breach by you of this agreement or your warranties; or
• (e) any collection or misuse of user data, or any other privacy or safety breach, involving your Software.

14.2 Pass-through. If any person makes or threatens a claim against Mebobox arising out of or in connection with your Software, that claim and all associated liabilities, damages, costs and expenses are your responsibility and will be borne by you.

14.3 Mebobox may take conduct of the defence of any such claim; you must not settle in a way that admits liability or imposes obligations on Mebobox without its prior written consent.

15. Fees, payment and tax

15.1 Mebobox may charge fees for developer accounts, submission, publication or distribution, and/or take a commission or revenue share on monetized Software. Any such fees, commission or revenue share, and the applicable payment terms, will be made clear to you before they apply — and, for an item of Software, when it is published (see Schedule 2).

15.2 Exclusive monetization on Mebobox Platforms. Where your Software is distributed on a Mebobox Platform, any sale, paid licensing, in-app purchase or other monetization of that Software on or through the Mebobox Platform must be carried out exclusively through Mebobox's billing and the Library. You must not charge users for, or otherwise monetize, the Software on a Mebobox Platform by any other means. This does not restrict how you publish or monetize your Software on other (non-Mebobox) platforms.

15.3 You are responsible for all taxes on your earnings. Mebobox is not liable for any taxes you owe.

16. Confidentiality

16.1 Any Mebobox Tools, pre-release information and any non-public information Mebobox shares are confidential and remain Mebobox's property. You must keep them confidential and use them only as permitted by their individual licence and for developing Software for the Mebobox Platforms.

17. Term, termination and survival

17.1 Either party may terminate this agreement at any time, with or without cause and without notice. Mebobox may also suspend or terminate this agreement, or any Software or your account, immediately. Where reasonably practicable, Mebobox will provide the reason for termination to the contact email address associated with the developer account. Failure to provide such reason does not affect the validity or effectiveness of the termination.

17.2 On termination, your right to distribute new Software ends. You may request that your Software be removed from the Mebobox Platforms, and Mebobox will remove it within a reasonable period; licences for copies already delivered to end users continue under their terms. Clauses on ownership, warranties, liability, indemnity, data use, confidentiality and governing law survive termination.

18. Assignment, transfer and change of control

18.1 Mebobox may assign, novate or transfer this agreement, and its rights and obligations under it, in whole or in part, to any third party — including in connection with a merger, acquisition, reorganisation, financing, or the sale or transfer of all or part of its business or assets.

18.2 As part of any such transaction, Mebobox may transfer the Software, materials and data you have provided, and the benefit of this agreement, to the acquiring or successor party, who may continue to operate the Mebobox Platforms and this agreement on the same terms.

18.3 You may not assign or transfer this agreement without Mebobox's prior written consent.

19. Changes to this agreement

19.1 Mebobox may update this agreement. For material changes it will give reasonable notice (as required by applicable law). Continuing to distribute Software after changes take effect means you accept them.

20. General

20.1 The parties are independent contractors; nothing creates a partnership or agency. This agreement (with its Schedules) is the entire agreement between the parties on its subject matter. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. Notices must be given in writing. This agreement is governed by the laws of England & Wales, and the courts of England & Wales have exclusive jurisdiction.

20.2 Contact email. Developers are responsible for maintaining a valid and current contact email address on their developer account. Any notice, explanation, statement of reasons or other communication sent by Mebobox to that email address is deemed received when sent.

Schedule 1 — Approved and prohibited licences

Approved permissive open-source licences (any one may be used): MIT, Apache-2.0, BSD 2-Clause, BSD 3-Clause, ISC, Zlib. Apache-2.0 is recommended where you want an explicit patent grant.

Prohibited licences (for the Software and for any bundled component): GPL (v2/v3), AGPL, SSPL, CC-BY-SA, and any other strong copyleft, "share-alike" or reciprocal licence.

Conditionally permitted: LGPL and MPL-2.0 components may be used provided their use does not require disclosure of your proprietary source code, does not impose obligations on the Software as a whole or on Mebobox, the Mebobox Platforms or the Mebobox Tools, and all applicable licence obligations are complied with. OFL-licensed fonts may be bundled provided only the font files are affected.

Minimum terms for a proprietary EULA (if you do not use the Mebobox Commercial Licence): it must (a) keep ownership with you; (b) grant end users only a personal, non-transferable, revocable licence; (c) not collect any user data; (d) not impose obligations on the Mebobox Tools, Platforms, Library or other software; and (e) be consistent with this agreement.

Schedule 2 — Fees and payment terms

Mebobox may charge developer or distribution fees and/or take a commission or revenue share on monetized Software. The fees, commission or revenue share, the available prices or price ranges, the payment method and cycle, and any minimum payout will be set out and made available to you at the point you publish monetized Software (or before any charge applies). These terms may be updated on reasonable notice.

Monetization of Software on a Mebobox Platform may be carried out only through Mebobox and the Library (clause 15.2). Mebobox may handle refunds in line with applicable consumer law and its published refund policy, and does not guarantee any level of sales or income.