Developer Tooling and API Terms

Effective date: September 28, 2026

The short version

• These terms cover the summer-engine CLI (npm), the Summer MCP Server and the platform APIs, including your API keys.
• Keep your keys secret, respect rate limits, and expect us to monitor API traffic.
• Absolutely prohibited: any service that accepts, holds, brokers, converts, trades or wagers Sparks, Earned Sparks, Game Points, Virtual Content or Passport Items. We will send a cease-and-desist, cut access, reverse ledger entries and reserve legal action.
• Also prohibited: scraping user data, harvesting credentials, spam automation, working around moderation, and using the APIs to profile Summer's business.
• Third-party apps and MCP servers must use least-privilege scopes, get real user consent, never sell data, meet a security baseline, carry pass-through terms that name Summer as a non-party, and never pretend to be Summer. We can suspend an app for risk at any time.
• Your app is yours. We take only the rights we need to list and describe it; listing or featuring an app is promotion, not approval.
• The tools are free unless the Fee and Rates Schedule says otherwise. Paid features (metered AI generation, hosting, any paid tier) are billed under the Fee and Rates Schedule, the Subscription Terms and the AI Features and Generated Content Terms, exactly as today. The 18+ rule covers buying Sparks and real-money purchases inside Summer Games; it does not cover these tools.
• Player terms, privacy and refund policies live at summer.games.

1. What this document covers

1.1 Scope. These Developer Tooling and API Terms (these "API Terms") govern your access to and use of: (a) the summer-engine command line interface distributed through the npm registry (the "CLI"); (b) the Summer Model Context Protocol server (the "MCP Server"); (c) Summer's application programming interfaces, endpoints, webhooks, software development kits and developer documentation (the "Platform APIs"); and (d) API keys, tokens and other credentials Summer issues (the "API Credentials"). Together, the "Developer Tools".

1.2 Additional Terms. These API Terms are Additional Terms under the Summer Games Terms of Service, which you must also accept. Capitalized terms not defined here have the meanings given in the Summer Dictionary. If these API Terms conflict with the Summer Games Terms of Service on the specific subject of the Developer Tools, these API Terms control for that subject.

1.3 Parties; acceptance. These API Terms are between you and Summer Labs, Inc., a Delaware corporation, 2810 N Church St, STE 89812, Wilmington, DE 19802, United States ("Summer", "we", "us"). You accept them by installing or using the CLI or the MCP Server, requesting or using API Credentials, calling the Platform APIs, or registering a Third-Party App. If you act for an entity, you represent that you have authority to bind it.

1.4 Eligibility. You must have an Account in good standing and be at least 13 to use the Developer Tools; Users aged 13 to 17 require the parent or guardian acceptance in the Parent Account Terms. Access to any Creator Program endpoint (for example Program Payment status) requires enrollment under the Creator Program Terms, which is 18+. Developers may use the Developer Tools from any country Summer supports. The age-of-majority rule for real-money purchases covers Sparks and purchases inside Summer Games, not paid Developer Tool features; Section 3.7 states which terms govern paid features.

1.5 Definitions. (a) "Third-Party App" means any application, service, bot, agent, plugin, MCP server, script, integration or tool, other than the unmodified CLI and MCP Server as distributed by Summer, that accesses the Platform APIs or processes API Data, whether or not made available to anyone other than you. (b) "API Data" means any data obtained through the Platform APIs, the CLI or the MCP Server, including User data, Game data, asset data and telemetry. (c) "Scope" means a named permission defining the categories of API Data and operations an API Credential can reach.

2. Licenses

2.1 License to the CLI and the MCP Server. The CLI and the MCP Server are made available under the open source license included in their distribution packages, which governs your copying, modification and redistribution of that code; these API Terms do not restrict the rights that license grants in the code itself. Regardless of what you do with the code, ALL ACCESS TO THE PLATFORM APIS AND ALL USE OF API CREDENTIALS AND API DATA remain governed exclusively by these API Terms, including Section 5.

2.2 Platform APIs license. Subject to these API Terms, Summer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to call the Platform APIs using your own API Credentials, within your granted Scopes and rate limits, solely for the purposes in Section 4.1. Summer acquires no ownership of your Third-Party App by reason of your use of the Platform APIs, and you acquire no ownership of the Platform APIs or of content accessed through them.

2.3 Your license to Summer. For a Third-Party App you register or list, you grant Summer a non-exclusive, worldwide, fully paid-up license, for the term of the registration, to host, display and reproduce the App's name, icon, screenshots and description, and to use its marks, solely to list, describe, promote and security-review (Section 6.9) the App on the Platform and in Summer's channels. You also grant Summer the right to obtain, install, run and retain a copy of the Third-Party App, including any MCP server code, solely to review it for security and compliance under Section 6.9 and to preserve evidence of a violation of Section 5; Summer uses that copy for no other purpose. Summer takes no other license in your Third-Party App or its content.

2.4 Third-party components and reservation. The Developer Tools include open source components listed in the Third-Party Software Notices, each under its own license. All rights not expressly granted are reserved.

3. API Credentials, Scopes, rate limits and monitoring

3.1 Registration. Most Platform APIs require API Credentials issued through your Account. You must provide accurate registration information and keep it current. Credentials are issued per Account and, for Third-Party Apps, per registered app.

3.2 Credential security. You are responsible for all activity under your API Credentials. You must keep them confidential; not embed secret credentials in client-side code, public repositories, Exported Games or any distributable artifact; use per-environment credentials; and notify Summer at support@summerengine.com and rotate affected credentials promptly on any suspected compromise. Summer may revoke or force-rotate any credential at any time.

3.3 Documented means; no masking. You must access the Platform APIs only by the means Summer documents, and must not misrepresent or mask your identity or your Third-Party App's identity, including by spoofing user agents, rotating identities to evade limits, or presenting an agent as a human User.

3.4 Scopes and least privilege. API Credentials carry Scopes. Request only the narrowest Scopes your use case requires; Summer may reject or narrow requests. Attempting to reach API Data or operations outside your Scopes is a material breach.

3.5 Rate limits and quotas. Summer may impose and change rate limits, quotas, concurrency caps and payload limits at any time, per endpoint, credential, Account or globally. You must not circumvent them, including by rotating credentials, spreading requests across Accounts, spoofing request attributes or using third parties to multiply your quota.

3.6 Monitoring; access to your app. Summer monitors and logs use of the Platform APIs and the CLI's and MCP Server's calls to Summer services, including request metadata, credential identity, IP addresses and error rates, for security, abuse prevention, quality, capacity, billing and compliance purposes, as described in the Summer Games Privacy Policy, and may for those purposes access and test a Third-Party App (for example to find security issues). You must not interfere with monitoring. Summer may throttle, sandbox or block traffic it reasonably believes degrades the Services or violates these API Terms, without prior notice.

3.7 Fees. The Developer Tools are provided without charge as of the Effective Date, except where the Fee and Rates Schedule states otherwise for specific endpoints, volumes or services (including Hosting Services and metered AI generation). Unpaid metered usage is recovered only as Section 10.4 of the Summer Games Terms of Service allows: never from Purchased Sparks, never by a bank debit (except in cases of your fraud, where the Creator Program Terms allow Summer to recover by any lawful means), never by locking your Account. Summer may introduce paid tiers prospectively under Section 11. The age-of-majority rule for real-money purchases in Section 8 of the Summer Games Terms of Service covers Sparks and real-money purchases inside Summer Games: Accounts registered to Users aged 13 to 17 cannot buy Sparks or make real-money purchases inside Summer Games. That rule does not reach paid Developer Tool features. Metered AI generation, Hosting Services and any paid tier under the Fee and Rates Schedule are governed by the Subscription Terms and the AI Features and Generated Content Terms as they stand, including any existing path for a parent to buy, or for a User aged 13 to 17 to hold, a Summer Engine subscription under the Parent Account Terms.

4. Acceptable use

4.1 Permitted purposes. You may use the Developer Tools to: (a) create, edit, test, publish and manage your own Games and content; (b) operate Third-Party Apps that comply with Section 6 and provide genuine value to Users who authorize them; (c) automate your own Creator workflows (builds, releases, asset management, diagnostics); and (d) integrate the Editor and Engine with your own development infrastructure and AI agents.

4.2 General conduct; end-user flow-down. Your use must comply with the Summer Games Terms of Service, the Summer Games Community Standards, the AI Acceptable Use Policy and applicable law. Content you create or publish through the Developer Tools is subject to the same rules, moderation and Content Maturity Label requirements as any other content. You must require the users of your Third-Party App to comply with applicable law and the Summer terms, and must not knowingly enable them to violate either.

5. Prohibited uses

The prohibitions in this Section apply regardless of the license form in Section 2.1, to any means of access (including unauthenticated scraping of Platform surfaces), and survive termination.

5.1 No conversion, marketplace or wagering services (the anti-casino clause). You must not operate, offer, promote, enable or facilitate, and must not design any Third-Party App or service to operate, offer, promote, enable or facilitate, any service, site, application, bot, agent or scheme that: (a) accepts, holds, aggregates, brokers, buys, sells, trades, converts or moves between Users any Sparks (Purchased Sparks or Earned Sparks), Game Points, Virtual Content or Passport Items, or any interest in them, for money, cryptocurrency, other virtual items or anything else of value; (b) offers gambling, wagering, casino-style games, lotteries, raffles, roulette, case or crate openings, coin flips, jackpots, prediction markets or any game of chance in which Sparks, Earned Sparks, Game Points, Virtual Content or Passport Items are the stake, the prize or the currency of play; (c) operates a marketplace, escrow or trading facility for Virtual Content, Passport Items or Game Points outside the Platform's own systems; or (d) represents Sparks, Earned Sparks or Game Points as money, deposits, stored value or anything that can be converted to money by a Player. Sparks are the official currency of Summer Games and can be used only to acquire Virtual Content and access within Summer Games; they are not a substitute for real currency, do not earn interest, have no equivalent value in real currency and cannot be exchanged for real currency, and your right to use them is a limited, revocable, non-transferable license. Earned Sparks are a separate instrument governed by the Creator Program Terms (a Creator's contingent entitlement to a Program Payment and nothing else); Game Points never leave their Game; none of them may be moved between Users or wagered, as the Summer Games Terms of Service state. This Section exists because third-party gambling and conversion services built on virtual items have caused serious, documented harm to minors and to platforms on other UGC ecosystems, and Summer intends to prevent that category of service from existing on or around the Platform from day one.

5.2 Enforcement of Section 5.1. If Summer determines, in its reasonable discretion, that you have violated or are attempting to violate Section 5.1, Summer may, in any order and without prior notice where the risk is urgent: (a) issue a cease-and-desist demand; (b) revoke all your API Credentials and suspend or terminate your Third-Party Apps and Accounts, including Accounts under common control; (c) reverse, withhold or forfeit Earned Sparks and Program Payments attributable to the prohibited activity under the Creator Program Terms, recovering any amounts already paid by netting and, because Section 5.1 conduct is fraud on the Platform, by any lawful means; (d) notify affected Users, distribution channels, payment processors or law enforcement; and (e) pursue all legal and equitable remedies, including claims for breach of contract, fraud, and violations of the Computer Fraud and Abuse Act and California Penal Code Section 502, and injunctive relief. You agree that violations of Section 5.1 cause Summer irreparable harm for which damages are inadequate and that Summer may seek injunctive relief without posting a bond. Purchased Sparks and Virtual Content held by innocent Players are never touched.

5.3 No scraping or bulk collection of user data. You must not scrape, crawl, harvest or bulk-collect User data, profile information, social graphs, chat content or Game analytics, whether through the Platform APIs, unauthenticated endpoints or Platform surfaces, except API Data expressly returned within your Scopes for a permitted purpose. You must not merge API Data with data from other sources to build profiles of Users, and must not use API Data to identify, contact or target any User outside the Platform without that User's separate, informed consent.

5.4 No credential harvesting. You must not request, collect, store or proxy Account passwords, session tokens, multi-factor codes or other credentials of any User, present login interfaces that imitate Summer's, or use phishing, social engineering or lookalike domains. All User authorization must flow through Summer's designated authorization mechanism.

5.5 No spam or engagement automation. You must not use the Developer Tools to send unsolicited messages, mass-follow Users, inflate play counts, ratings, reviews or engagement, register Accounts in bulk, or manipulate discovery, search ranking, Passport origin records or the Network Share attribution described in the Network Share Schedule.

5.6 No moderation circumvention. You must not use the Developer Tools to evade, test the boundaries of or defeat Summer's moderation, safety, age assurance or Content Maturity Label systems; to republish content moderation removed; to obfuscate content so automated scanning cannot evaluate it; or to interfere with the reporting tools in the Summer Games Community Standards and the Child Safety and CSAE Policy.

5.7 No security abuse. You must not probe, scan or test the vulnerability of the Services except under the Vulnerability Disclosure Policy; breach or circumvent authentication or authorization; or introduce malware, backdoors or denial-of-service load.

5.8 No unauthorized AI training. You must not use API Data to train, fine-tune or evaluate machine learning or foundation models, except (a) on your own content, or (b) on content covered by an explicit contribution under the Training Contribution Programs in the AI Features and Generated Content Terms. Hosting content on Summer never puts it in anyone's training corpus.

5.9 No profiling of Summer's business. You must not collect or aggregate API Data, usage information or metrics to assess Summer's performance or to gain insight into Summer's usage, revenue, Program Payments, Creator Rate economics or any other aspect of its business or operations, other than the aggregated statistics Summer publishes.

5.10 No unlawful use. You must not use the Developer Tools in violation of applicable law, including export control and sanctions law, or to process data of children under 13 except through interfaces Summer expressly designates as compliant with the Children's Online Privacy Protection Act.

6. Third-Party Apps

6.1 Registration and accuracy. Before making a Third-Party App available to any User other than yourself, you must register it, providing an accurate name, description, developer identity, privacy policy URL and the Scopes requested. You must not misrepresent your app's identity, functionality or data practices, and must not name or brand it to imply Summer authorship or endorsement (see the Summer Brand Guidelines).

6.2 Least privilege. A Third-Party App must request only the Scopes it needs for functionality it actually provides. Summer may audit Scope usage and revoke unused or disproportionate Scopes.

6.3 User consent and transparency. A Third-Party App may access a User's API Data only after that User grants authorization through Summer's authorization flow. Your app must: (a) accurately describe, at or before authorization, what data it accesses and why; (b) maintain a published privacy policy consistent with these API Terms and applicable law; (c) honor a User's revocation promptly, ceasing collection and deleting that User's API Data as Section 6.5 requires; and (d) not condition unrelated functionality on unnecessary Scopes.

6.4 Data handling rules. With respect to API Data you must not: (a) sell, license or disclose it for compensation; (b) use it for advertising, including retargeting or measurement, and never for targeted advertising to any known minor; (c) disclose it to data brokers, ad networks or monitoring services; (d) use it for credit, insurance, employment, housing or other eligibility determinations; or (e) retain it longer than needed for the authorized purpose. Aggregated or de-identified data may be used only if it cannot reasonably be re-identified and is not represented as Summer data. Where Summer makes personal information of a Player available to you for a business purpose, including to a Creator about the Players of that Creator's Game, these API Terms are the written contract under which you receive it, and for purposes of California Civil Code Section 1798.140 they: (i) make that information available only for the limited and specified business purposes stated in your authorized Scopes and Section 4.1; (ii) prohibit you from selling or sharing it; (iii) prohibit you from retaining, using or disclosing it for any purpose other than those business purposes, or outside your direct business relationship with Summer; and (iv) prohibit you from combining it with personal information you receive from another person or collect from your own interaction with the Player, except as that Section permits. Where you process personal information on behalf of a Creator, you must have your own written processor terms with that Creator before you process it; the Creator Data Processing Addendum is between Summer and the Creator only and does not extend to you.

6.5 Security baseline; incident notice; deletion. You must protect API Data with administrative, technical and physical safeguards appropriate to its sensitivity, including encryption in transit, access controls and secrets management, and must meet the security baseline Summer publishes for Third-Party Apps (at drafting: [OWASP ASVS Level 1, self-attested; CASA for apps with Scopes reaching Player data]). You must delete a User's API Data promptly, and in no case later than 30 days, after the User revokes authorization, the purpose ends, or Summer or the User requests deletion, except where retention is required by law. You must notify Summer at support@summerengine.com without undue delay, and within 72 hours, after becoming aware of any breach of security affecting API Data, and cooperate with Summer's investigation and any legally required notifications to Users.

6.6 Minors. Third-Party Apps must not target minors, must respect the Platform's minor-protective defaults as exposed through the Platform APIs, and must not attempt to infer or collect the age of Users beyond signals Summer provides. If Summer signals that a User is a minor, your app must not serve that User targeted advertising and must apply the most protective available settings.

6.7 Pass-through App Terms. A Third-Party App must present its own terms to its users, which must (a) require users to agree to and comply with the Summer Games Terms of Service, and (b) state expressly that: (i) the app's terms are between the user and you only, not Summer Labs, Inc.; (ii) Summer is not affiliated with you or the app; (iii) Summer is not responsible or liable for the app; (iv) Summer has no maintenance or support obligation for the app; (v) the user's remedies for the app lie against you; and (vi) Summer Labs, Inc. is a third-party beneficiary of the app's terms and, once the user accepts them, may enforce the statements in (a) and (b) against the user.

6.8 No system override; no confusion. A Third-Party App must not disable, override or alter system-level features or behavior of the Platform, the Editor or the Engine, and must not include elements that could confuse users about the distinction between the app and Summer's own interfaces, including purchase confirmations, which only the Platform renders.

6.9 Audit and review. Summer may review any Third-Party App, request information reasonably necessary to verify compliance with this Section (including a description of data flows and storage), and require certification of deletion. You will respond within 15 days.

6.10 Suspension. Summer may suspend or terminate a Third-Party App's access to the Platform APIs: (a) immediately and without notice where Summer reasonably believes the app violates Section 5, creates a security or safety risk, harms Users or the Services, or is required by law; and (b) otherwise after notice and a reasonable opportunity to remediate, which Summer will provide where it considers remediation practicable and safe. You are solely responsible for any commitments you make to your own users about availability.

6.11 Your app is yours. As between you and Summer, you are solely responsible for your Third-Party App, including its operation, support, legal compliance and terms with its users. Summer is not a party to your agreements with your users, does not screen, approve or edit your app, and listing, promotion or featuring in any directory or showcase is not a review, approval or endorsement (see Featured in the Summer Dictionary).

7. User data and privacy generally

Summer's collection and use of personal information in connection with the Developer Tools is described in the Summer Games Privacy Policy and the US State Privacy Addendum. Your collection and use of personal information through the Developer Tools must comply with those documents where they allocate responsibilities to you, with Sections 5 and 6, and with applicable privacy law. Nothing in these API Terms grants you ownership of API Data.

8. No sublicensing or resale of API access

Your API Credentials and your license under Section 2.2 are personal to you. You must not: (a) sell, rent, sublicense or share API Credentials; (b) operate a proxy, gateway or aggregation service whose effect is to give third parties access to the Platform APIs using your credentials or quota; or (c) offer the Platform APIs, or a substantially similar wrapper, as your own service. A Third-Party App serving its own authorized Users under Section 6 is not a violation; reselling raw API access is.

9. AI features reached through the Developer Tools

The CLI, the MCP Server and certain Platform APIs expose AI Tools, including generation of Generated Content from Prompts and agentic editing. Your use of them through the Developer Tools is governed by the AI Features and Generated Content Terms and the AI Acceptable Use Policy, including their provisions on ownership of Generated Content, disclosure duties and prohibited generation. Metered AI usage may be billed or capped under the Fee and Rates Schedule. Conversations with AI Tools may be recorded and processed as described in the AI Conversation and Recording Notice. An agent you operate through the MCP Server acts under your Account and your responsibility.

10. Ownership and feedback

10.1 Ownership. Summer and its licensors own the Developer Tools, the Platform APIs (including their design, schemas and documentation) and associated intellectual property, subject to any open source license under Section 2.1 and the Third-Party Software Notices. You own your Third-Party Apps, excluding the Summer components they call.

10.2 Feedback. If you give Summer feedback about the Developer Tools, you grant Summer a perpetual, irrevocable, worldwide, fully paid-up license to use it without restriction or obligation. This does not extend to your Third-Party Apps or to contributions to Summer's open source repositories, which follow the repository's terms.

11. Changes, versioning and deprecation

11.1 Changes. Summer may add, change or remove endpoints, Scopes, features, rate limits and CLI or MCP Server functionality at any time. 11.2 Deprecation notice. For a material backward-incompatible change to a generally available, documented Platform API endpoint, Summer targets at least [90] days notice through the developer documentation, the changelog or email before the old behavior is removed, except where change is needed for security, legal compliance, abuse prevention or protection of Users, in which case it may be immediate. Beta, experimental and undocumented interfaces may change without notice. 11.3 Changes to these API Terms. Summer may update these API Terms prospectively. For material changes Summer gives at least 30 days notice through the developer documentation, the Platform or email, except changes required for legal or security reasons. Continued use after the effective date is acceptance.

12. Beta features

Features identified as alpha, beta, preview or experimental (including pre-release CLI versions and MCP Server capabilities) are governed also by the Beta Program Terms, are provided as is with no reliability commitment, may contain known and unknown defects, may be subject to confidentiality obligations stated there, and carry every restriction in these API Terms.

13. Term, suspension and termination

13.1 Term; your right to stop. These API Terms take effect on your first acceptance under Section 1.3 and continue until terminated. You may stop using the Developer Tools at any time, deregister Third-Party Apps and revoke your own API Credentials through your Account.

13.2 Summer's rights. Summer may suspend or terminate your access to any Developer Tool and revoke any API Credentials: (a) immediately and without notice for violations of Section 5, for security risk, for legal compliance, or where your Account is terminated for cause under the Summer Games Terms of Service; and (b) otherwise on at least 30 days notice. Section 6.10 governs Third-Party App suspension.

13.3 Effect of termination. On termination or revocation: (a) the license in Section 2.2 ends; (b) you must stop calling the Platform APIs and, for terminated Third-Party Apps, delete API Data as Section 6.5 requires; (c) any open source rights you hold in CLI or MCP Server code survive under the applicable open source license but confer no right to access the Platform APIs; and (d) Summer's listing license under Section 2.3 ends and Summer removes the listing within a commercially reasonable time. Termination of these API Terms does not by itself terminate your Account, your Games or the Exported Game Runtime License.

13.4 Survival. Sections 1.5, 5, 6.4, 6.5 (deletion and breach notice for data already held), 6.7 (for users already onboarded), 8, 10, 13.3, 13.4, 14, 15, 16 and 17 survive.

14. Disclaimers

THE DEVELOPER TOOLS AND API DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUMMER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF DATA AND UNINTERRUPTED OR ERROR-FREE OPERATION. SUMMER DOES NOT WARRANT THAT THE PLATFORM APIS WILL REMAIN AVAILABLE, COMPATIBLE OR UNCHANGED. Some jurisdictions do not allow certain exclusions; they apply to the maximum extent permitted.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) SUMMER WILL NOT BE LIABLE UNDER THESE API TERMS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION; AND (B) SUMMER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THESE API TERMS WILL NOT EXCEED THE GREATER OF (1) THE AMOUNTS YOU PAID SUMMER FOR USE OF THE DEVELOPER TOOLS IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY AND (2) ONE THOUSAND US DOLLARS (USD 1,000). NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING FOR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

16. Indemnification

You will defend, indemnify and hold harmless Summer, its affiliates and their officers, directors, employees and agents from any third-party claim and resulting damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of: (a) your Third-Party Apps and services built with the Developer Tools, including their use by any third party; (b) your use or handling of API Data; (c) your breach of these API Terms, including Section 5; or (d) your violation of law or third-party rights. Summer may participate in the defense with its own counsel at its own expense, and you may not settle in a manner that imposes obligations on Summer without Summer's prior written consent.

17. General terms

17.1 Governing law and disputes. California law governs, without regard to conflict of laws principles. Disputes are subject to the dispute resolution provisions of the Summer Games Terms of Service (informal dispute resolution period, individual arbitration under the AAA Consumer Arbitration Rules, 30-day opt-out, small-claims carve-out, batching protocol, class action waiver, jury waiver), incorporated by reference. Notwithstanding the foregoing, Summer may seek injunctive or other equitable relief in any court of competent jurisdiction for violations of Section 5 or misuse of API Credentials or API Data. For matters not subject to arbitration, exclusive venue lies in the state and federal courts in San Francisco County, California. 17.2 Assignment. You may not assign these API Terms without Summer's prior written consent, except in connection with a merger, acquisition or sale of substantially all assets of your business, with notice; Summer may assign to an affiliate or successor. 17.3 Severability; waiver; entire agreement. 17.4 Export control. You represent that you are not located in a jurisdiction subject to comprehensive US sanctions and are not on any US restricted party list, and you will not use the Developer Tools in violation of US export control or sanctions law. 17.5 Notices. Legal notices to Summer: Summer Labs, Inc., 2810 N Church St, STE 89812, Wilmington, DE 19802, United States, copy to support@summerengine.com; security reports to the addresses in the Vulnerability Disclosure Policy. Summer may notify you through the Platform, the developer documentation, the CLI or your Account email. 17.6 Independent parties.