Software License and Service Agreement
Beamable Software License
Effective as of May 1, 2026
1.0 SCOPE
This License governs your use of Beamable’s products, services, and platform (collectively, the “Services”). By accessing or using Beamable, you agree to the terms outlined below. To the extent that you have entered into any separate agreement concerning Services, that separate agreement shall govern the relationship between you and Beamable. This License is incorporated into and governed by the Beamable Terms of Service. In the event of a conflict, the Terms of Service will control.
Your use of Beamable is subject to:
This License (inclusive of Pricing & Subscription Tiers)
Beamable provides a backend platform for building and operating live games. Access to the Services is offered through a tiered subscription model designed to scale with your project’s needs.
2.0 LICENSE
Subject to the other terms of this agreement, Beamable grants Customer, for the duration of the Term specified below, a term-based, non-exclusive, non-assignable license to use the Software for Customer’s use only and not for any third party.
3.0 DEFINITIONS
“API Calls” billed by Beamable as part of a Subscription Tier make up a Usage-Based plan and include all calls that occur to Beamable-managed services, whether they originate from the end-user app, a custom game server, or a custom C# Microservice. API Calls do not include calls that Beamable makes implicitly or extra hops made between Beamable-managed services.
“CID” means customer identification, a unique code assigned to each Customer, used in our internal reporting and analytics, and the basis for determining the Customer’s usage of our Services.
“Developer Seat” is a unique email ID and password attached to a customer account.
“Microservice” means a single custom C# microservice running in a single realm. If you have one customer C# microservice deployed to a dev, staging, and production realm, that counts as three microservices.
“Subscription Tier” means the set of services and limits available for a monthly subscription price under Beamable. A subscription tier is defined by the number of included API Calls, the number of Microservice Instances allowed, and any other functional or support services offered at that tier.
“Wingman AI Dashboard” means our proprietary AI tool.
4.0 DISCLAIMER
BEAMABLE DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER UNDERSTANDS THAT THE SOFTWARE AND PLATFORM SERVICE MAY NOT BE ERROR-FREE AND USE MAY BE INTERRUPTED.
5.0 PAYMENT; BILLING; SUBSCRIPTION TIERS
5.1 Subscriptions are billed on a recurring basis unless otherwise agreed in writing.
By subscribing to a paid tier, you agree to:
- Pay all applicable fees associated with your selected tier
- Provide accurate billing information
- Authorize Beamable (or its payment processor) to charge your payment method
- All fees are non-refundable except where required by law or explicitly stated otherwise.
5.2 Rate Card. Unlimited seats for all tiers.
5.3 Overage Charges. API Usage Overcharge above 10kb per API call, at $10 per 1 million API calls (in $100 increments). Overage charges do not apply until the account exceeds the API call and bandwidth allotments for its tier.
5.4 Changes to Pricing. Beamable may update pricing or introduce new tiers from time to time. Changes will take effect for new subscriptions immediately. Existing customers may be notified in advance of any pricing changes affecting their subscription
5.5 Tier Changes. You may upgrade or downgrade your subscription tier in accordance with Beamable’s current policies. Upgrades may take effect immediately or at the start of the next billing cycle. Downgrades may take effect at the end of the current billing cycle.
6.0 MUTUAL CONFIDENTIALITY
6.1 Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (“Discloser”) to the other party (“Recipient”), whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Beamable’s Confidential Information includes, without limitation, the Software, nonpublic portions of its user interface design and layout, and pricing information.
6.2 Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own Confidential Information (but in no event less than reasonable care), and it may not disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with the Recipient no less restrictive than the confidentiality terms of this agreement.
6.3 Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser; (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser; (iii) is received from a third party without breach of any obligation owed to Discloser; or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.
7.0 PROPERTY
7.1 Reservation of Rights. The Software, Platform Service workflow processes, user interface, designs, technical documentation, and other technologies provided by Beamable as part of the Software are the proprietary property of Beamable and its licensors, and all right, title, and interest in and to such items, including all associated intellectual property rights, remain only with Beamable and its licensors. The Software is protected by applicable copyright and other intellectual property laws. Customer may not remove any product identification, copyright, trademark, or other notice from the Software. Beamable reserves all rights unless expressly granted in this agreement.
7.2 Restrictions. Customer may not: (i) transfer, assign, sublicense, rent the Software, create derivative works of the Software, or use it in any type of service-provider environment; (ii) reverse engineer, decompile, disassemble, or translate the Software; (iii) evaluate the Software for the purpose of competing with Beamable; or (iv) operate the Software other than in accordance with its Getting Started Guide and other technical documentation.
7.3 Covenants. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with all applicable laws (including export control laws) and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from a claim regarding Customer’s non-compliance to applicable laws and regulations, provided Customer is promptly notified of any and all threats, claims and proceedings related thereto (except that failure to provide such notice will relieve Customer of its obligations only to the extent Customer is materially prejudiced as a direct result of such failure) and given reasonable assistance (at Customer’s request and expense) and the opportunity to assume sole control over defense and settlement; provided, however, Company may participate at its own expense in the defense and any settlement discussions, and will have the right to approve any settlement agreement that involves an admission of fault by Company or imposes non-monetary obligations on Company (such approval not to be unreasonably withheld).
8.0 TERM AND TERMINATION
8.1 Term. This agreement expires when Customer ceases using the Services or moves to an enterprise plan, in which the terms of such enterprise shall govern.
8.2 Right of Termination for Material Breach. If either party is in material breach of this agreement, the non-breaching party may terminate this agreement after providing a written 30-day notice/cure period, provided the breach has not been cured. The aforementioned notwithstanding, Beamable reserves the right to suspend or terminate access to the Services without notice if:
- You violate this License
- Payment obligations are not met
- Your use poses a risk to the platform or other users
8.3 Return Beamable Property Upon Termination. Upon termination of this agreement for any reason, Customer must discontinue use of the Software, de-install it, and destroy or return the Software and all copies within 5 days. Upon termination of the license to the Software, all access to the Platform Service will also be terminated. Upon Beamable’s request, Customer will confirm in writing its compliance with this destruction-or-return requirement.
9.0 LIABILITY LIMIT
9.1 Exclusion of Indirect Damages. To the maximum extent allowed by law, Beamable is not liable for any indirect, special, incidental, or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of or unauthorized access to data or information; and lost profits, revenue, or anticipated cost savings), even if it knows of the possibility or foreseeability of such damage or loss.
9.2 Total Limit on Liability. To the maximum extent allowed by law, Beamable’s total liability arising out of or related to this agreement (whether in contract, tort, or otherwise) will not exceed the greater of the amount paid or payable by Customer within the 12-month period prior to the event that gave rise to the liability.
10.0 SUPPORT
Beamable’s technical support and maintenance services under this agreement are limited to online documentation, documentation Q/A, and Discord chat support. Additional support can be purchased as part of a Subscription Tier or Enterprise Agreement.
11.0 DEFENSE OF THIRD-PARTY CLAIMS
11.1 Beamable will defend or settle any third-party claim against Customer to the extent that such claim alleges that the Software violates a copyright, patent, trademark, or other intellectual property right, if Customer promptly notifies Beamable of the claim in writing, cooperates with Beamable in the defense, and allows Beamable to solely control the defense or settlement of the claim. Beamable will pay infringement claim defense costs it incurs in defending Customer, Beamable-negotiated settlement amounts, and court-awarded damages. Process. If such a claim appears likely, then Beamable may modify the Software, procure the necessary rights, or replace it with the functional equivalent. If Beamable determines that none of these are reasonably available, then Beamable may terminate the Software and refund any prepaid and unused term license fees.
11.2 Exclusions. Beamable has no obligation for any claim arising from: Beamable’s compliance with Customer’s specifications; a combination of the Software with other technology or aspects where the infringement would not occur but for the combination; or technology or aspects not provided by Beamable. THIS SECTION CONTAINS CUSTOMERS’ EXCLUSIVE REMEDIES AND BEAMABLE’S SOLE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
12.0 GOVERNING LAW AND FORUM
This agreement is governed by the laws of the state of Nevada (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be brought exclusively in the federal or state courts of Clark County, Nevada, and Customer submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
13.0 OTHER TERMS
13.1 Entire Agreement and Changes. This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise, or inducement not included in this agreement is binding. This agreement is subject to change by Beamable at any time. Material changes will be communicated to customers via electronic methods. Using Services constitutes continued acceptance of this agreement.
13.2 No Agency Relationship. This Agreement creates a licensor-licensee relationship between the Parties. Nothing in this Agreement shall be construed to establish a joint venture, agency, or partnership relationship between the Parties.
13.3 Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation, force majeure events.
13.4 Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach of this agreement.
13.5 Order of Precedence. If there is an inconsistency between this agreement and the terms of an order, the order prevails.
13.6 Survival of Terms. All provisions of this agreement regarding payment, confidentiality, indemnification, limitations of liability, proprietary rights, and such other provisions that by fair implication require performance beyond the term of this agreement must survive expiration or termination of this agreement until fully performed or otherwise are inapplicable.
13.7 U.S. Government Restricted Rights. If Customer is a United States government agency or acquired the license to the Software hereunder pursuant to a government contract or with government funds, then as defined in FAR §2.101, DFAR §252.227-7014(a)(1), and DFAR §252.227-7014(a)(5), or otherwise, all Software provided in connection with this agreement are “commercial items,” “commercial computer software,” or “commercial computer software documentation.” Consistent with DFAR §227.7202 and FAR §12.212, any use, modification, reproduction, release, performance, display, disclosure, or distribution by or for the United States government is governed solely by the terms of this agreement and is prohibited except to the extent permitted by the terms of this agreement.