Terms & Conditions

Effective date: 7 September 2026
Last updated: 7 September 2026

Provider and Statutory Disclosures

Legal name: Glitch State Interactive (Pty) Ltd.
Registration number: 2026 / 169063 / 07
Physical address: 1040 Edwards Road, Eldoraigne, Centurion, 0157
Postal address: 1040 Edwards Road, Eldoraigne, Centurion, 0157
Telephone: 082 489 5825
Email: support@glitchstate.com
Website: www.glitchstate.com
Information Officer: Lizelle van der Walt
Customer complaints contact: support@glitchstate.com

Definitions

• "Account" means the user account created to access the DGB.
• "Company", "we", "us" or "our" means Glitch State Interactive (Pty) Ltd.
• "Content" means games, tutorials, templates, assets, educational material, interfaces, reports and other material supplied through the DGB.
• "DGB" or "Digital Game Box" means the Company's digital game-development and educational platform, including associated software, content, tools, updates and analytics.
• "Guardian" means a parent or legally authorised guardian or competent person who may act for a child.
• "Minor" or "child" means a person under 18 years of age.
• "Subscriber" means the person or organisation that purchases or administers a subscription.
• "User" means a person authorised by the Subscriber to use the DGB.
• "User Content" means material created, uploaded, submitted, stored or shared by a User through the DGB.
• "Unity Terms" means applicable Unity engine, service, package, Asset Store, publisher and other third-party licence terms that govern components used in or with the DGB.
• "Terms" means this agreement, the Privacy Policy and any other documents the Company expressly states are incorporated into it.

Nature of the DGB

The DGB is a structured, safety-focused environment intended to support game creation, digital creativity and educational development. Depending on the applicable subscription, it may provide:

• A controlled game-building environment.
• Tutorials and guided learning activities.
• Game-development tools, templates and assets.
• Educational or entertainment games.
• Progress dashboards and developmental-domain metrics.
• Account management and parental controls.
• Content updates and new releases.
• Technical support and platform updates.

No transfer of ownership

The DGB is licensed as a service. Except where expressly stated otherwise, payment gives the Subscriber a limited right to access and use the DGB; it does not transfer ownership of the platform, software, source code, assets, templates, games or underlying intellectual property.

Educational purpose

The DGB may support skills such as problem-solving, creativity, planning, logic, digital literacy, communication and game-design thinking. The DGB is not a medical device, diagnostic tool, psychological assessment, therapy service or substitute for professional educational, psychological, medical or occupational-therapy advice.

Developmental metrics

Metrics may reflect activity within the DGB, such as completion, persistence, sequencing, planning, response patterns, collaboration or time spent. They are indicators generated from platform activity and must not be represented as definitive measurements of intelligence, disability, diagnosis, school readiness or clinical functioning. Parents, schools and professionals must interpret reports cautiously and in context.

No guaranteed educational outcome

The Company does not guarantee a particular academic result, developmental improvement, programming skill, qualification, employment outcome or school-placement outcome. Marketing and promotional material must not be interpreted as guaranteeing such outcomes.

Eligibility, Accounts and Supervision

Adult Subscribers

A Subscriber must provide accurate information and must have the legal capacity to enter into the subscription agreement.

Minor Users

A Minor may use the DGB only with the prior involvement and authorisation of a Guardian. The Guardian is responsible for:

• Approving the applicable subscription.
• Providing any consent required for the processing of the child's personal information.
• Reviewing these Terms and the Privacy Policy with the child in age-appropriate language.
• Supervising use where reasonably necessary.
• Configuring parental controls.
• Ensuring that the child uses the DGB lawfully and safely.
• Paying amounts due under the subscription.

A Minor's use of the DGB does not by itself establish that the Minor has capacity to enter into a paid subscription.

Account security

The Subscriber must:

• Keep login credentials confidential.
• Use a strong, unique password.
• Not share credentials except through an approved family, school or organisational access arrangement.
• Notify the Company promptly of suspected unauthorised access.
• Ensure that account information remains accurate.
• Log out of shared devices.

The Subscriber is responsible for activity conducted through the Account unless the Company's security failure caused the unauthorised activity.

One account per person

Unless the subscription expressly permits multiple Users, an Account may not be shared, resold, sublicensed or transferred.

Schools and organisations

A school, therapy practice, NGO or other organisation may use the DGB only under an approved organisational or institutional subscription. It must ensure that each User is authorised, and that:

• Its staff comply with these Terms.
• Any learner-data processing arrangement is documented.
• Required parent or Guardian consents are obtained.
• Users are not monitored or assessed beyond the agreed purpose.
• Access is removed when a User leaves the organisation.

Subscription Plans and Payment

Available Plans

Freemium (Individuals): After signing the T&Cs, access to the DGB is granted with starter content and two games' assets.

Three-month plan: After signing the T&Cs, access to the DGB is granted with access to all existing and new game assets for a total of 3 months. After expiry, users will only have access to the DGB starter content and two games' assets, similar to the Freemium plan.

Six-month plan: After signing the T&Cs, access to the DGB is granted with access to all existing and new game assets for a total of 6 months. After expiry, users will only have access to the DGB starter content and two games' assets, similar to the Freemium plan.

Twelve-month plan: After signing the T&Cs, access to the DGB is granted with access to all existing and new game assets for a total of 12 months. After expiry, users will only have access to the DGB starter content and two games' assets, similar to the Freemium plan. The plan as selected and paid for by the consumer will end automatically at the expiry of the fixed term.

Schools: After accepting the T&Cs, the DGB can be downloaded with access to all existing and new game assets for a total of 12 months. Five registered teachers and 30 seats are granted. After expiry, users will only have access to the DGB starter content with two games' assets, similar to the Freemium plan.

Neurodiverse centres, care centres, therapy and psychology practices: After accepting the T&Cs, the DGB can be downloaded with access to all existing and new game assets for a total of 12 months. Two caregivers/special needs teachers/therapists/psychologists and 10 seats are granted. After expiry, users will only have access to the DGB starter content with two games' assets, similar to the Freemium plan.

Price disclosure

The Company will display the total price, taxes where applicable, billing frequency, delivery or activation charges, renewal price and any material restrictions before payment. Annual price increases for each new or renewed subscription plan will be communicated on time.

Payment authorisation

By selecting a subscription plan, the Subscriber authorises the Company or its payment provider to charge the disclosed amount on the disclosed billing date.

Payment failure

If a payment fails, the Company may:

• Retry the payment using the permitted payment method.
• Notify the Subscriber.
• Suspend access after reasonable notice.
• Terminate the subscription in accordance with applicable law and these Terms.

Fixed Terms and Automatic Renewal

Fixed-term plans

A three-, six- or twelve-month plan runs for the period selected at checkout.

The Company must not structure a fixed-term consumer agreement in a way that avoids mandatory consumer protections. Fixed-term arrangements must comply with applicable limits, notice requirements and renewal rules under the Consumer Protection Act.

Renewal disclosure

The plan as selected and paid for by the consumer will end automatically. The Company will provide statutory advance notice ahead of the expiry date to inquire from the consumer about further renewal at the same or a different price.

Cancellation of renewal

The Subscriber may cancel future renewal through email notification to support@glitchstate.com.

Cancellation stops future renewal but does not necessarily refund the current paid period, subject to statutory cancellation or cooling-off rights.

The Company will retain records of the Subscriber's acceptance, payment authorisation and renewal notices.

Digital Delivery, Updates and Availability

Access

After successful payment and any required verification, the Company will provide access to the DGB using the delivery method stated at checkout. The Subscriber is responsible for compatible devices, operating systems, internet access, electricity, data costs and suitable storage.

Content schedule

The Company will use reasonable efforts to release one new qualifying title or content package per eight-week cycle as stipulated in each fixed term plan.

The Company's stated release schedule is subject to:

• Technical testing.
• Security requirements.
• Third-party licensing.
• Content classification.
• Platform compatibility.
• Events beyond the Company's reasonable control.

If a material shortfall occurs, the Company may provide a replacement title, extension, service credit or other appropriate remedy.

Updates

The Company may issue updates for security, performance, compatibility, content, educational quality or legal compliance. Some updates may be required for continued access.

An update may alter, replace or remove a feature or asset where this is reasonably necessary, including because of a third-party licence change.

Availability

The Company will aim to keep the DGB available but does not promise uninterrupted or error-free operation. Planned maintenance should be communicated where reasonably practicable.

Third-party dependencies

The DGB may depend on hosting providers, payment providers, internet services, app stores, Unity components, analytics providers or other third parties. A third-party failure may affect availability, compatibility or features.

The Company remains responsible for obligations it has expressly accepted under these Terms and applicable law.

Cancellation, Cooling-Off, Refunds and Termination

Consumer cancellation

A consumer may cancel a fixed-term agreement by giving at least 20 business days' notice, subject to applicable consumer law.

ECTA cooling-off right

Where an electronic transaction is covered by the Electronic Communications and Transactions Act, the consumer may have a statutory right to cancel within the applicable cooling-off period without reason or penalty, subject to statutory exclusions.

For digital content or services, the right may be affected if:

• The consumer expressly requested performance to begin before expiry of the cooling-off period.
• The consumer acknowledged the consequences.
• The applicable statutory exclusion applies.

Refunds

Refunds will be made where required by law, including where:

• The Company cannot supply the service.
• The Company materially fails to provide the contracted service.
• A statutory cooling-off right applies.
• The Company authorises a refund.
• A duplicate or unauthorised charge is confirmed.

Refunds may be reduced only to the extent permitted by law and clearly disclosed.

Company termination for breach

The Company may suspend or terminate an Account where the User:

• Uses the DGB unlawfully.
• Breaches the Unity Terms.
• Commercialises prohibited User Content.
• Attempts to extract or redistribute assets.
• Circumvents security controls.
• Uploads illegal, harmful or infringing content.
• Threatens the safety of Users.
• Repeatedly breaches these Terms.

Where reasonably practicable, the Company will give notice and an opportunity to remedy the breach. Immediate suspension may be necessary for security, child safety, serious IP infringement, illegal content or risks to the DGB or other Users.

Consequences of termination

On termination:

• Access may cease immediately or at the end of the paid period, depending on the reason.
• The User must stop using the DGB and Company Content.
• The Company may disable sharing links and remove hosted User Content where permitted.
• Accrued payment obligations remain due.

The Company will not delete a minor's personal information merely as a contractual penalty where retention is required by law or reasonably necessary to resolve a dispute.

Permitted and Prohibited Use

Permitted use

Subject to the subscription type, a User may:

• Access the DGB for personal learning, game-design practice and home educational use.
• Complete tutorials.
• Build games using permitted DGB tools and assets.
• Save projects in the User's Account.
• Share a playable project without charge where sharing is enabled and the project complies with these Terms.
• Display a project in a school, university or personal portfolio, provided no restricted asset is exposed or separately distributed.
• Use progress reports for educational support, provided they are not treated as a diagnosis or definitive assessment.
• Use accessibility features and parental controls.

Prohibited use

A User must not:

• Sell, rent, lease, sublicense or commercially distribute a game made in the DGB where the game contains DGB, Unity or third-party restricted components.
• Charge an entrance fee, licence fee, subscription, donation linked to access, advertising revenue, sponsorship revenue or in-game payment for such a game.
• Publish such a game on a commercial marketplace or monetised platform.
• Use it as a paid product, paid course asset, paid client deliverable or commercial service.
• Extract, copy, package, resell or redistribute Unity or third-party assets separately.
• Claim ownership of assets supplied by the Company, Unity or another licensor.
• Use DGB assets in another engine, project or platform unless the applicable licence expressly permits it.
• Reverse engineer, decompile, disassemble or attempt to obtain source code.
• Circumvent DRM, access controls, licence checks, technical protection measures or usage restrictions.
• Use bots, scraping tools, malware, cheats, exploits or automated access.
• Interfere with the DGB or another User's Account.
• Access another User's projects without authorisation.
• Use the DGB to train an AI model or build a competing service without written permission.
• Upload personal information about another person without a lawful basis and required consent.
• Upload photographs, voice recordings, names, school details or contact information of children unless authorised and necessary.
• Upload content that is unlawful, defamatory, fraudulent, hateful, threatening, sexually explicit, exploitative, discriminatory or abusive.
• Upload content that infringes copyright, trade marks, privacy, publicity, confidentiality or other rights.
• Create content encouraging self-harm, violence, criminal conduct or dangerous challenges.
• Misrepresent a developmental metric as a clinical, psychological or educational diagnosis.
• Use the DGB to harass, groom, exploit or contact children inappropriately.
• Circumvent age restrictions or parental controls.
• Use the DGB for high-risk activities, including medical, aviation, weapons, financial or safety-critical applications.
• Impersonate the Company, Unity, a teacher, parent, Guardian or another User.

Commercial use

The DGB is non-commercial unless the Company grants written permission under a separate commercial licence.

A User may not assume that "free" distribution is commercially permitted. The prohibition applies to indirect monetisation, including advertisements, sponsorships, paid promotion, premium access, donations tied to access, cryptocurrency, prizes funded by access fees and sale of a larger bundle containing a DGB-created game.

Unity and Third-Party Licensing

Incorporated third-party terms

The DGB may include or rely on Unity software, packages, services, templates, assets or other third-party technology. Those components remain subject to their applicable licence terms.

The Subscriber must comply with those terms in addition to these Terms. If the third-party terms impose a stricter restriction, the stricter restriction applies to the relevant component.

No general Unity commercial licence

A DGB subscription does not grant the User a general Unity commercial licence, an Asset Store redistribution right or a right to package Unity assets as standalone products.

The User must obtain written confirmation from the Company and any relevant licensor before undertaking any activity that may be commercial, public, monetised or outside personal educational use.

Licence changes

If a third-party licence changes, expires or is withdrawn, the Company may:

• Remove the affected asset or feature.
• Replace it.
• Restrict export or sharing.
• Require an update.
• Suspend a project that cannot lawfully continue.
• Offer a reasonable alternative where practicable.

User breach

A breach of the Unity Terms is also a breach of these Terms. The Company may suspend access, disable sharing, remove affected content, preserve evidence, require deletion of extracted assets, notify a relevant licensor and pursue lawful remedies.

The Company does not promise that Unity or another licensor will take, or will not take, enforcement action against a User.

User Content and Intellectual Property

User Content ownership

Subject to third-party rights, a User generally retains rights in original material that the User independently creates and is legally entitled to own.

The User does not own:

• The DGB software.
• Unity software or restricted components.
• Company templates, tutorials or assets.
• Third-party music, images, fonts, code or other material.
• A project element that the User has no legal right to use.

User warranty

Before uploading or sharing User Content, the User confirms that:

• The User has the necessary rights or permissions.
• The content does not infringe another person's rights.
• Any required consent has been obtained.
• The content complies with these Terms and applicable law.
• The User has not knowingly embedded restricted or pirated material.

Marketing use

The Company may not publicly display a child's identifiable User Content, name, image, voice, school or likeness for marketing without separate, specific permission from the applicable Guardian and, where appropriate, the child.

Removal and takedown

The Company may restrict, remove or disable User Content where it reasonably believes the content:

• Breaches these Terms.
• Infringes rights.
• Presents a safety risk.
• Contains illegal material.
• Breaches a third-party licence.
• Requires classification or review.
• Creates legal or technical risk.

Where appropriate, the Company will notify the User and provide a review or appeal process.

Limitation of Liability

The DGB is provided on an "as available" basis. Except as required by the Consumer Protection Act 68 of 2008 or other applicable law, the Company does not warrant that the DGB will be uninterrupted, error-free, or fit for a particular purpose beyond what is expressly stated in these Terms.

To the maximum extent permitted by law, the Company's aggregate liability to a Subscriber arising from or related to these Terms or use of the DGB, whether in contract, delict, or otherwise, is limited to the amount paid by the Subscriber for the last subscription preceding the event giving rise to the claim.

Nothing in these Terms limits liability for death or personal injury caused by the Company's negligence, fraud, or any liability that cannot lawfully be excluded or limited under South African law, including under the Consumer Protection Act.

The Company is not liable for indirect, incidental, or consequential loss, including loss of data, loss of profits, or reliance on developmental metrics as a clinical, psychological, or educational assessment (see "Developmental metrics" and "No guaranteed educational outcome" above).

Indemnification

A Subscriber indemnifies the Company against any claim, loss, or cost arising from: the Subscriber's or a User's breach of these Terms; unlawful, infringing, or unauthorised User Content uploaded through the Account; or a Guardian's failure to obtain required consents for a Minor's use of the DGB. This indemnity does not apply to the extent a claim arises from the Company's own breach of these Terms or negligence.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any dispute that cannot be resolved under the "Dispute Resolution" clause below is subject to the non-exclusive jurisdiction of the South African courts, without prejudice to any statutory right a consumer has to approach the National Consumer Commission, the Consumer Goods and Services Ombud, or another applicable forum.

Dispute Resolution and Complaints

A Subscriber or User should first raise a complaint with the Company at support@glitchstate.com. The Company will acknowledge the complaint and aim to resolve it within a reasonable time.

If a complaint concerns the processing of personal information, the Subscriber may also contact the Company's Information Officer at the same address, or lodge a complaint with the Information Regulator (South Africa) at enquiries@inforegulator.org.za.

If a complaint concerns the supply of goods or services under the Consumer Protection Act, the Subscriber may refer the matter to the Consumer Goods and Services Ombud or the National Consumer Commission.

Nothing in this clause limits a consumer's statutory right to approach a court directly.

Amendment of These Terms

The Company may amend these Terms from time to time to reflect changes in the DGB, applicable law, or its operations. Material changes will be communicated to the Subscriber by email or in-app notice at least 7 days before they take effect. Continued use of the DGB after that date constitutes acceptance of the amended Terms. Where a change materially reduces the value of a current fixed-term plan, the Subscriber may cancel in accordance with the "Consumer cancellation" clause.

General

Entire agreement: These Terms, together with the Privacy Policy and any document expressly incorporated by reference, constitute the entire agreement between the Subscriber and the Company regarding use of the DGB, and supersede prior agreements on the same subject matter.

Severability: If any provision of these Terms is found unlawful or unenforceable, the remaining provisions continue in force, and the unenforceable provision is replaced with one that most closely reflects its original intent within the bounds of the law.

No waiver: A failure by the Company to enforce a provision of these Terms is not a waiver of its right to enforce that or any other provision later.

Assignment: The Company may assign these Terms in connection with a merger, acquisition, or sale of assets. A Subscriber may not assign these Terms without the Company's prior written consent.

Notices: Notices to the Company must be sent to support@glitchstate.com. Notices to a Subscriber will be sent to the email address on the Account.

Privacy Policy: The Privacy Policy forms part of these terms.