Kaigen Software Licence Agreement
Last updated: November 10, 2026
This Kaigen Software Licence Agreement (the "Licence") is between 16456383 Canada Inc., a corporation incorporated under the laws of Canada, doing business as Kaigen, 329 Howe Street, Unit 233, Vancouver, British Columbia V6C 3N2, Canada ("Kaigen"), and you ("you" or the "Licensee").
By ticking a box to accept this Licence, signing in to the Kaigen Software, or installing or using the Kaigen Software, you agree to this Licence. If you do not agree, do not install or use the Kaigen Software. If you accept for an organization, you confirm you have authority to bind it, and "you" means that organization as well as you.
This Licence forms part of your agreement with Kaigen together with the Kaigen Terms of Service (the "Terms"). Words with capital letters not defined here have the meaning given in the Terms. The dispute resolution terms in Section 23 of the Terms, including arbitration and a class-action waiver for users in the United States, apply to this Licence.
1. Definitions
"AI Training Use" means using the Kaigen Software, a Build, or any output of either, to generate, collect or provide data for training, fine-tuning, evaluating or benchmarking machine-learning models, including simulation, reinforcement-learning environments and synthetic data.
"Builds" means applications, games, experiences and other outputs made with the Kaigen Software that incorporate components of the Kaigen runtime in object code form. The Terms use the same meaning.
"Commercial Use" means any use of the Kaigen Software or a Build that is intended to generate revenue or commercial advantage, directly or indirectly, including selling, licensing or monetizing a Build (through sales, advertising, in-app purchases, subscriptions, paid access, sponsorship, donations tied to access, or otherwise), work done for a client or under contract, and use in the operations or products of a business, but not evaluation of the Kaigen Software.
"Commercial Distribution" means, in the course of Commercial Use, offering, selling, licensing or otherwise making a Build available to others, or receiving revenue or other consideration from a Build, including by keeping it listed for sale on a store or platform, or by receiving revenue from advertising, in-app purchases, subscriptions or paid access in it, whenever the Build was published.
"Developer" means an individual who uses the Kaigen Software to create, edit, build, run or publish projects. Automated systems such as build servers and CI do not count as Developers.
"Documentation" means the manuals, API references, guides, examples and other materials Kaigen provides for the Kaigen Software, including non-public materials available after sign-in.
"Headless Use" means running the Kaigen Software or a Build without a person interacting with it in real time, other than (a) to build, test or publish your own projects, or (b) as a server hosting game sessions for human players of your Build.
"Kaigen Software" means Kaigen Studio, the Kaigen command-line tools, the Kaigen engine and runtime, and all related tools, libraries, headers, build systems, templates, sample content, Documentation, updates and credentials Kaigen provides, in any form.
"Plan" means the plan your Account has under the Terms (Free, Plus, Pro, Studio, Industry, Enterprise, an Academic approval or a Special Licence, including a trial of any of them), and "Plan Entitlements" means what a Plan allows, as set out in Schedule A.
"Platform Use" means using the Kaigen Software to build or operate a game engine, a game-creation platform, a creation tool, a hosting or cloud service, or any product that lets third parties create, build, run or distribute content with the Kaigen Software or its capabilities, or embedding the Kaigen Software in hardware or an operating system for distribution by a device maker. Creation features inside a Build (such as a level editor or mod support), used only to make content for that Build and not exposing Kaigen Software tools or APIs to third parties, are not Platform Use.
"Seat" means a paid Developer seat on a Company Plan or Enterprise Agreement.
"Splash" means the "Powered by Kaigen" screen the Kaigen runtime shows while a Build starts, as Kaigen specifies it from time to time.
2. Licence grant
2.1 Grant. Subject to your continuous compliance with this Licence and the Terms, Kaigen grants you a limited, non-exclusive, non-transferable, non-sublicensable licence, revocable only as set out in Section 16, while your Plan is active, to:
- (a) install and use the Kaigen Software on devices you own or control, within your Plan Entitlements;
- (b) create Builds with it; and
- (c) reproduce and distribute Builds, in object code form only, as your Plan Entitlements allow (and, after your Plan ends, as Section 9 allows), and permit their end users to install and use them.
2.2 Conditions. The licence in Section 2.1 is conditional on your compliance with Sections 3 to 8. Any use outside the licence, or in breach of those Sections, is unlicensed and infringes Kaigen's intellectual property, in addition to being a breach of this Licence.
2.3 Reservation. Kaigen reserves all rights not expressly granted. No licence is granted by implication, estoppel or otherwise.
3. Plans, eligibility and Developers
3.1 Plan Entitlements. You may use the Kaigen Software only within the Plan Entitlements of your current Plan, including its permitted platforms, device runs, publishing targets, Commercial Use rights and Splash requirements.
3.2 Commercial Use requires an active paid Plan. The Free plan is for evaluation, learning, game jams and other non-commercial projects, and does not permit Commercial Use. Commercial Use, including the Commercial Distribution of any Build, is permitted only while you hold an active Plan that permits Commercial Use (Plus, Pro, a Company Plan, an Enterprise Agreement, or a Special Licence that expressly permits it), at all times during that use. Publishing a Build while you hold such a Plan does not, by itself, permit its Commercial Distribution after that Plan ends.
3.3 Eligibility. Your Plan must match your eligibility under Section 5 of the Terms. Personal Plans are for one named individual. A Personal Plan may not be used for work for an organization (as Section 5.2 of the Terms uses that word) whose Finances are two hundred thousand US dollars (US $200,000) or more; that work must be done under that organization's own Company Plan Seat, Enterprise Agreement or Special Licence.
3.4 Seats. On a Company Plan, each Developer who uses the Kaigen Software for the Company must have a Seat. Seats are assigned to one individual at a time and may be reassigned only as the Services allow. Build servers, CI and other automated systems need no Seat, but may be used only for the Company's own projects.
3.5 Personnel. On a Company Plan or Enterprise Agreement, the organization's employees and individual contractors who hold a Seat may use the Kaigen Software solely for the organization, if each is bound by obligations at least as protective of Kaigen as this Licence. The organization is responsible for their acts and omissions, and their use ends when their work for it ends. A Personal Plan cannot be shared: each Developer working for a company on Personal Plans needs their own Personal Plan.
3.6 Academic. The Academic programme gives the Pro Plan Entitlements, free of charge, to individuals Kaigen approves for teaching at an accredited institution, or for non-commercial research at an accredited institution whose results are intended for publication and which is not funded by, done for, or subject to rights held by a commercial entity. An Academic approval does not permit Commercial Use. Kaigen may end Academic access at any time, and each approval lasts for the period Kaigen states.
4. The Splash
4.1 When it is required. Builds made or published while your Plan requires the Splash (the Free and Plus plans, as set out in Schedule A) must show the Splash, unaltered, each time they start, as the Kaigen runtime displays it. Play pages of games published on the Free plan show a "Made with Kaigen" link (the "Play-Page Link").
4.2 No removal. You will not remove, hide, shorten, obscure, cover, alter or interfere with the Splash or the Play-Page Link, or help anyone else do so.
4.3 Consequences. If you breach this Section, Kaigen may, in addition to its other rights: remove or disable the Hosted Games concerned; terminate this Licence as Section 16 provides; and require you to pay the fees of the Plan that does not require the Splash (Pro, or the equivalent Company Plan) for the period of the breach.
4.4 Builds made without a Splash. Builds both made and published while your Plan did not require the Splash may continue to be distributed without it under Section 9, subject to Section 3.2 for Commercial Distribution.
5. Restrictions
Except as this Licence expressly allows, you will not, and will not permit, assist or use an AI Agent to:
- (a) copy, distribute, sell, rent, lease, lend, sublicense or otherwise make available the Kaigen Software or the Documentation, in standalone form, in source code form or otherwise, except as incorporated into Builds;
- (b) engage in Platform Use, or offer the Kaigen Software or any part of it as a hosted, online, managed or cloud service for others, except by making your Builds available to their users;
- (c) reverse engineer, decompile, disassemble, decrypt, deobfuscate or otherwise try to derive the source code, algorithms, file formats or internal structure of the Kaigen Software, except to the extent the law expressly allows despite this restriction;
- (d) modify, adapt, translate or create derivative works of the Kaigen Software, other than creating Builds with it as intended and editing the module and template source Kaigen provides for inclusion in your projects;
- (e) circumvent, disable or interfere with sign-in, plan checks, device credentials, licence checks, telemetry, the Splash or any other technical protection or limitation;
- (f) share an Account, Seat, device credential, CI Token or licence key, or use one not issued to you;
- (g) falsify, spoof or alter machine identifiers, plan information or any other information the Kaigen Software sends to Kaigen;
- (h) remove, alter or obscure any proprietary, copyright, trademark or licence notice in the Kaigen Software;
- (i) use the Kaigen Software, the Documentation or Kaigen's confidential information to design, build or improve a game engine, runtime, creation tool or other product that competes with the Kaigen Software;
- (j) use the Kaigen Software beyond your Plan Entitlements; or
- (k) use the Kaigen Software in breach of any law.
6. AI tools and AI Training Use
6.1 AI Agents. You may use AI Agents to develop Builds with the Kaigen Software, including AI Agents that read the Documentation and API, write code against them, and send portions of the Kaigen Software or Documentation to their model provider as part of their normal operation for that purpose. Section 11.1 of the Terms applies to everything they do.
6.2 Training on Kaigen. You will not, and will not use, permit or configure any AI Agent or other system to:
- (a) train, fine-tune, distill or otherwise develop or improve any AI model using the Kaigen Software, the Documentation or Kaigen's confidential information, or use any of them as training, evaluation or benchmark data;
- (b) compile the Kaigen Software or Documentation, in whole or in substantial part, into a dataset, including by scraping, crawling or bulk extraction; or
- (c) reproduce, clone or reimplement the Kaigen Software or any substantial part of its functionality, including by using the Documentation, the API or its observed behaviour as a specification, except to the extent the law expressly allows despite this restriction.
6.3 AI Training Use and large-scale Headless Use. AI Training Use, and Headless Use of more than four (4) concurrent instances, require a separate Special Licence from Kaigen. Without one, they are outside this Licence. This does not restrict you from using AI Agents under Section 6.1, or from training models on data that is not the Kaigen Software, the Documentation or output of the Kaigen Software or a Build.
6.4 Training settings. Where an AI Agent offers a setting that prevents your inputs from being used to train models, and it is reasonably available to you, you will enable it whenever the AI Agent processes the Kaigen Software or the Documentation.
7. Sign-in, plan checks and offline use
7.1 Sign-in. The Kaigen Software must be signed in to an Account, or activated with a credential Kaigen issues, to use features beyond those Kaigen makes available without sign-in. Each signed-in device receives a device credential tied to it.
7.2 Plan checks. While online, the Kaigen Software checks your Plan with Kaigen's servers. If it cannot reach them, your paid Plan Entitlements continue offline for thirty (30) days on a Personal Plan and seven (7) days on a Company Plan (or the period an Enterprise Agreement states) from the last successful check, after which the Kaigen Software uses the Free plan's entitlements, or stops features that need a check, until it reconnects. Changing your device's clock does not extend this period.
7.3 Changes take effect at the next check. A change, suspension, expiry or termination of your Plan or Licence takes effect in the Kaigen Software at its next successful check, even within the offline period.
7.4 Published Builds do not check. Builds you have published do not check your Plan or sign-in and are not affected by this Section 7.
8. Data, your Builds and their users
8.1 Data the Kaigen Software sends. The Kaigen Software sends Kaigen usage data, plan and licence checks, crash reports and other data described in the Privacy Policy, which Kaigen uses as described there, including to validate your Plan, detect misuse and verify compliance with this Licence. You may switch off usage data as Section 5 of the Privacy Policy describes, and where that Section says usage data is collected only if you agree, it is collected only if you do. Plan and licence checks and crash reports continue whatever you choose, and you will not otherwise block or interfere with any data described in this Section.
8.2 Your Builds and their users. Builds include Kaigen runtime components that send limited technical data to Kaigen when they run, including when other people use them, as described in the Privacy Policy. You are solely responsible for your Builds and their users, including giving any notice and obtaining any consent the law requires. You may use the text in Schedule B in your Build's privacy notice.
8.3 Logs. To the extent within your control, you will not cause your Builds to write their users' personal information to the Kaigen runtime log.
8.4 Children. If a Build is directed to children, you are solely responsible for complying with all laws on children's privacy and safety, including any requirement to give notice of, limit or obtain consent for the data described in Section 8.2. Section 8.4 of the Terms applies to Kaigen's hosting.
8.5 Debug symbols. When you publish a Build, the Kaigen Software uploads its debug symbols, which contain function names and source file paths of your code but not the code itself. Kaigen will treat them as your confidential information, use them only to process crash reports for you, and delete them on your request or within ninety (90) days after your Account is closed.
8.6 Compliance confirmation. On Kaigen's request, you will confirm in writing within ten (10) business days that your use of the Kaigen Software complies with this Licence, with reasonable supporting information.
8.7 No commitments for Kaigen. You will not make any representation, warranty or commitment about the Kaigen Software on Kaigen's behalf. Kaigen has no obligation or liability to the users of your Builds, and you will not represent otherwise.
9. When your Plan changes or ends
9.1 Copies already in users' hands. Every person who obtained a copy of a Build that you published while you held a Plan allowing that publication may continue to install and use that copy, without time limit, whatever later happens to your Plan or this Licence. Kaigen will not use technical measures to stop published Builds from working.
9.2 Continued distribution. Kaigen grants you a perpetual, worldwide, non-exclusive licence to continue to reproduce and distribute, in object code form and without Commercial Distribution, each Build you published while you held a Plan (including a trial, an Academic approval or closed-beta access) that allowed that publication, on the terms (including the Splash requirement) of the Plan under which it was published. Commercial Distribution of any Build continues to require an active Plan under Section 3.2.
9.3 Grace period. When you stop holding a Plan that permits Commercial Use, you have thirty (30) days to buy a Plan that permits Commercial Use or to stop the Commercial Distribution of your Builds, including by removing them from sale and disabling their paid features and advertising. Commercial Distribution after that period is unlicensed, and Section 16.5 applies to it.
9.4 Survival. The licences in Sections 9.1 and 9.2 survive the end of your Plan and of this Licence. The licence in Section 9.2 ends for a Build only as Section 16.2 provides. Removal of a Hosted Game from Kaigen's hosting does not affect them.
9.5 New work. After your Plan changes or ends, new Builds, device runs and publications follow the Plan Entitlements of your new Plan, or the Free plan.
9.6 Hosted Games. What happens to Hosted Games is governed by the Terms.
9.7 No obligation to update. The licences in Sections 9.1 and 9.2 cover the Kaigen runtime version included in the Build. Kaigen has no obligation to provide updates, fixes or support for it.
10. Ownership
10.1 The Kaigen Software and Documentation, including all copies, updates and derivative works, and all intellectual property in them, belong to Kaigen and its licensors. This Licence is a licence, not a sale.
10.2 You own your projects, Your Content and your Builds, except the Kaigen Software components in them, which remain Kaigen's and are licensed to you under this Licence.
10.3 You may use the templates and sample assets included with the Kaigen Software in your Builds, subject to this Licence.
11. Feedback, publicity and confidentiality
11.1 Feedback. Section 12.4 of the Terms applies to feedback about the Kaigen Software.
11.2 Publicity. You may state that a Build is made with Kaigen. You may not otherwise use Kaigen's trademarks, or suggest that Kaigen endorses you, without written permission. Kaigen may promote publicly available Builds as set out in Section 8.11 of the Terms.
11.3 Confidentiality. The Kaigen Software, the non-public Documentation, credentials and other non-public information Kaigen identifies as confidential, or that a reasonable person would understand to be confidential, are Kaigen's confidential information. You will keep them confidential with at least reasonable care, use them only under this Licence, and share them only with your personnel who need them for it. This does not apply to information that is or becomes public through no fault of yours, that you lawfully knew before, or that you must disclose by law after giving Kaigen notice where lawful. Your use of Kaigen, and your opinions about it, are not confidential.
12. Third-party components
The Kaigen Software includes third-party components licensed under their own terms, listed in the notices included with it. Those terms govern those components, and prevail over this Licence for them to the extent they require.
13. Updates and support
13.1 Kaigen may provide updates, which may install automatically, and may require you to update to keep using the Kaigen Software or a feature. Updates are part of the Kaigen Software.
13.2 Kaigen has no obligation to provide support, maintenance, updates or fixes, except as stated in your Plan, a signed agreement, or Section 26 of the Terms where the law requires it for consumers. "Priority support" means Kaigen will try to respond to your requests before those of Plans without it; it is not a guaranteed response or resolution time.
14. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KAIGEN SOFTWARE IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". KAIGEN MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, ABOUT THE KAIGEN SOFTWARE OR ANY BUILD, AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE KAIGEN SOFTWARE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED, WILL WORK ON ANY PLATFORM OR DEVICE, OR THAT DATA WILL NOT BE LOST. YOU ARE RESPONSIBLE FOR TESTING YOUR BUILDS. IF YOU ARE A CONSUMER, SECTION 26 OF THE TERMS APPLIES.
15. Limitation of liability and indemnity
15.1 Sections 19 and 20 of the Terms apply to this Licence, the Kaigen Software and Builds as if set out here. The limit in Section 19.2 of the Terms is a single limit for all claims under the Terms and this Licence together.
15.2 In addition, you will defend, indemnify and hold harmless Kaigen and the persons listed in Section 20 of the Terms against all claims and losses arising out of or related to your Builds, their users, any Commercial Use, Platform Use or AI Training Use outside your Plan, and any breach of this Licence. If you are a consumer, this Section applies only to the extent permitted by the law where you live.
16. Term, termination and remedies
16.1 Term. This Licence starts when you accept it and continues until it is terminated.
16.2 Automatic termination. Any breach of Section 3.2, 4, 5 or 6 automatically terminates the licence in Section 2, without notice. The licence in Section 9.2 ends for a particular Build only if you breach Section 4, or Section 5(a), (b), (c) or (e), in respect of that Build, and do not cure the breach within thirty (30) days after Kaigen notifies you of it.
16.3 Termination. Kaigen may suspend or terminate this Licence as Section 21 of the Terms describes. You may terminate it by stopping all use of the Kaigen Software and closing your Account.
16.4 Effect. On termination, all rights granted to you end, except the licences in Section 9 where they survive. You will stop using and delete the Kaigen Software and non-public Documentation and, on request, confirm that in writing.
16.5 Unlicensed use. If you use the Kaigen Software beyond your Plan Entitlements or in a way that requires a different Plan, Seat or Special Licence, then, without limiting Kaigen's other rights, Kaigen may require you to buy the correct Plan, Seats or licence on its then-current terms and pay the fees of the Plan the use required, for the period of the use, after any grace period in Section 9.3 of this Licence or Section 5.5 of the Terms that applies (no grace period applies to use based on an untrue declaration).
16.6 Injunctions. A breach of Section 3.2, 4, 5, 6 or 11.3 would cause Kaigen irreparable harm. Kaigen may seek an injunction or other equitable relief without proving actual damage or posting a bond, in addition to any other remedy.
16.7 Survival. Sections 1, 2.2, 2.3, 3.2, 4 (for Builds that continue under Section 9), 5, 6, 7.4, 8.2 to 8.7, 9, 10 to 12, 14 to 18, and any provision that by its nature should survive, survive termination.
17. Closed beta licence keys
17.1 Keys. As amended on November 10, 2026, the Kaigen Closed Beta License Agreement continues to govern use of Kaigen Software versions that are activated with a closed-beta licence key and not signed in to an Account, until that key expires or is revoked.
17.2 Moving to an Account. When you sign in to the Kaigen Software with an Account, this Licence governs your use of the Kaigen Software through that Account, and replaces the Closed Beta License Agreement for that use.
17.3 End of the closed beta. The closed beta ends on December 7, 2026. From then, closed-beta access granted to Accounts ends, and those Accounts move to the Plan they hold.
18. General
18.1 No commitment. Kaigen has no obligation to release any feature, platform or version, or to offer the Kaigen Software on any particular terms or at any price after your current billing period.
18.2 Export and sanctions. Section 24 of the Terms applies.
18.3 Changes. Section 22 of the Terms applies to changes to this Licence. A change does not reduce the licences in Sections 9.1 and 9.2 for Builds already published.
18.4 General. Section 25 of the Terms applies to this Licence.
18.5 US Government users. The Kaigen Software is "commercial computer software" and "commercial computer software documentation" under the US Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. US Government users acquire only the rights this Licence grants to all users.
Schedule A: Plan Entitlements
| Free | Plus | Pro | Studio and Industry (Company Plans) | Enterprise and Special Licences | |
|---|---|---|---|---|---|
| Who | Individuals, and organizations with Finances under US $200,000 (Terms Section 5) | Same | Same | Companies with Finances of up to US $10,000,000, up to 25 Seats; required from US $200,000; Studio for games, Industry for non-game applications | By agreement |
| Commercial Use, including Commercial Distribution (Section 3.2) | No | Yes, while the Plan is active | Yes, while the Plan is active | Yes, while the Plan is active | By agreement |
| Build and run on desktop, web and PC VR | Yes | Yes | Yes | Yes | Yes |
| Build and run on phones and standalone VR headsets | No | No | Yes | Yes | Yes |
| Publish | Web, to Kaigen hosting, up to 5 Hosted Games | Web, Windows, macOS, Linux, PC VR | Every supported platform, including iOS, Android and standalone VR | Every supported platform | By agreement |
| Splash | Required | Required | Not required | Not required | Not required |
| Offline period (Section 7.2) | Not applicable | 30 days | 30 days | 7 days | By agreement |
| Support | Community | Community | Priority | As stated in the plan | By agreement |
| Platform Use, AI Training Use, Headless Use above Section 6.3 | No | No | No | No | Only under a Special Licence |
During a trial, the Plan Entitlements of the Plan being trialled apply. An Academic approval has the Pro Plan Entitlements without Commercial Use (Section 3.6). Until the closed beta ends (Section 17.3), closed-beta Accounts have the platform access Kaigen granted them, without Commercial Use.
Kaigen may change the Plan Entitlements of a Plan for later billing periods as the Terms allow. Supported platforms are those Kaigen supports from time to time.
Schedule B: Disclosure text for your Build's privacy notice
You may copy the following text into the privacy notice for your Build:
This application is built with the Kaigen engine. When it runs, the engine sends technical data to Kaigen (16456383 Canada Inc.), the engine's developer, to validate the engine's licence, diagnose crashes and understand how the engine is used: the developer's Kaigen account identifier; a random identifier that changes every time the application starts; the application's title, bundle identifier, version and a one-way hash of its project identifier; your device's operating system, processor, memory, graphics card and display; how long each session lasted and how it ended; and the time and your approximate country. Kaigen's infrastructure provider processes your IP address to receive this data; Kaigen stores only the approximate country. If the application crashes, it sends a crash report containing technical details about the crash and the end of the application's log, which may include information the application wrote to it. Outside web browsers, a crash report, and any data not yet sent while your device is offline, is stored temporarily on your device and deleted once sent. Kaigen does not receive your name or contact details. Kaigen's Privacy Policy is available at kaigen3d.com/privacy.
Contact: 16456383 Canada Inc., doing business as Kaigen, 329 Howe Street, Unit 233, Vancouver, British Columbia V6C 3N2, Canada. legal@kaigen3d.com