Terms of Service

Last updated: [DATE]

These terms are the agreement between you and [COMPANY NAME] (“Smoke”, “we”, “us”), based in [COUNTRY]. By creating an account or using Smoke you agree to them. If you don't agree, please don't use Smoke.

1. What Smoke is

Smoke is an online marketplace where people (“sellers”) sell digital products such as games, apps, software, media and assets to other people (“buyers”). Sellers are independent. Each seller is responsible for their own products.

2. Your account

• You must be at least 13 to browse and buy, and at least 18 to sell. Where the law of your country sets a higher age, that age applies.
• Give us accurate information and confirm your email address. You need a confirmed email to buy or sell.
• Keep your password secret. You are responsible for what happens under your account. Tell us at once if you think someone else has used it.
• One person, one account. Usernames that pretend to be Smoke or its staff are not allowed.

3. Buying

• The price you see is the price you pay. Payments are handled by [PAYMENT PROVIDER]. [TAXES: HOW SALES TAX / VAT IS HANDLED]
• Smoke members only. You need a Smoke account to buy or download anything on Smoke, including free products.
• After you buy, you can download the product from its page and from My library. If a seller later removes a product from the marketplace, you keep your download.
• When you buy a product you get a personal, non-transferable licence to use it yourself. You may not copy it, resell it, share it or upload it elsewhere, unless the product's license says you may. Every product page shows its license, and you get the license that was shown when you bought it.
• Reviews. Only people who bought a product, or downloaded it if it is free, can review it, and sellers can't review their own products. Reviews are public with your username. Be honest and respectful. Fake, paid-for or abusive reviews are not allowed, and we may remove them.
• Refunds are covered in our Refund Policy.

4. Selling

• Only list things you made or have the full right to sell. You are responsible for your listings and for any claim about them.
• Paid items must cost at least $1.99. Free items are allowed.
• Licenses. You choose the license for each product (for example personal use, commercial use, an open-source or Creative Commons license, or your own terms). Make sure you have the right to grant it. Choosing a public-domain or open-source license lets buyers share the product for free. You can change the license later, but a change only applies to people who buy after it.
• Our fee. Smoke keeps a percentage of each sale. At the start this is 17%, or 15% for an item you sell only on Smoke (“exclusive”). Monthly plans lower it (Starter $10: 14% exclusive / 16% other; Pro $23: 13% / 15%; Studio $120: 12% / 14%; Enterprise: agreed with us). The card processing fee is paid by the seller and is taken from the seller's share. [CONFIRM PRICES AND PERCENTAGES BEFORE LAUNCH]
• We may change fees or plans. A change only applies to sales made after we announce it.
• Exclusive items. Marking an item exclusive means you promise not to sell it on any other marketplace or store. We may check. If an item marked exclusive is found elsewhere, we may charge the higher fee, remove the item or close the account.
• Payouts. [PAYOUT SCHEDULE, MINIMUM PAYOUT AND ANY HOLD PERIOD FOR REFUNDS]
• You can delete a listing at any time. If it has been bought before, it is taken off the marketplace but earlier buyers keep their download.

5. What is not allowed

• Sharing, leaking or reselling products you bought or downloaded. To protect sellers, downloads are limited (currently 5 downloads of each product per account per day), download links expire after a few minutes, and we keep a private download log. Accounts that leak or share products can be limited or closed without a refund.
• Anything illegal, or that you don't have the right to sell, including pirated, stolen or leaked content.
• Malware, spyware, hidden miners, or files that do something other than what the listing says.
• Content that sexualises minors, promotes violence or hatred against people, harassment, or sharing someone's private information.
• Scams, fake reviews, false descriptions, or copying another seller's work.
• Trying to break, overload or get around Smoke's security, fees or limits.
• Spam, advertising or abuse in community posts, replies or support messages, and misusing coupon codes (for example making many accounts to reuse one).
• Using the game token or cloud save features to read or change anyone else's data.

Every new product is reviewed by the Smoke team before it appears in the marketplace. We may approve it, ask for changes or refuse it, and we may remove any listing later. We may also suspend or close accounts that break these rules, with or without notice where needed to protect people.

6. Reporting and copyright

Use the Report buttons on product and creator pages. If you believe something on Smoke infringes your copyright or other rights, email [LEGAL / COPYRIGHT CONTACT EMAIL] with what you own, where the item is on Smoke, and your contact details. [ADD DMCA / LOCAL TAKEDOWN PROCEDURE AND AGENT IF REQUIRED]

7. Our rights and yours in content

You keep ownership of what you upload. You give Smoke the right to host, show, copy and deliver it so the marketplace can work (for example showing your listing and letting buyers download it). This right ends when the content is deleted, except for copies buyers already downloaded and records we must keep.

What Smoke may do with products you post. When you post a product on Smoke, you give Smoke a free, non-exclusive, worldwide licence to host it, store and copy it as needed to deliver and back it up, and show and promote it and its page, screenshots, trailer and description, on Smoke and in Smoke's emails, social media and advertising. This licence is only for running and promoting the marketplace. It does not let Smoke sell your product anywhere else or take ownership of it.

Browser games. If you upload a browser version of your product, you give Smoke the right to unpack it, store it, and run it for Smoke members on Smoke's games server, shown inside a protected frame on your product page. Smoke runs it only for people who are allowed to play it (for paid products, buyers), and may stop running it at any time, for example if it breaks these Terms or puts people at risk. You must not include code that tries to break out of the frame, attack Smoke or its members, collect personal data without consent, or run harmful programs. Browser games may contain only web files; programs and scripts that run on a server are not allowed. [LAWYER TO CHECK]

Smoke team copies. The people on Smoke's team may download and use any product on Smoke free of charge, only for testing, review, moderation and promotion. They may not share, resell or redistribute it. These copies are not sales, so you are not charged a fee on them and they are not paid out. [LAWYER TO CHECK THIS SECTION AND THE LICENCE ABOVE]

8. Ending your account

You can stop using Smoke at any time. To close your account, contact support. We may suspend or close accounts that break these terms or put others at risk.

9. No promises about uptime, and limits on our responsibility

Smoke is provided “as is”. We work to keep it running and safe but we can't promise it will always be available or error-free. To the extent the law allows, we are not responsible for losses that come from sellers' products, from files you download, or from things outside our control, and our total responsibility to you is limited to [LIMIT, E.G. THE FEES YOU PAID US IN THE LAST 12 MONTHS]. Some places don't allow these limits, and your legal rights as a consumer are not affected. [LAWYER TO CHECK THIS SECTION]

10. Changes, law and contact

We may update these terms. If a change matters, we'll tell you on the site or by email, and using Smoke after that means you accept it. These terms are governed by the laws of [COUNTRY / STATE], and disputes go to the courts of [PLACE], unless the law of your country says otherwise.

Questions: [SUPPORT EMAIL] or Support.