These are the terms for making games with Pupkins Create. They are a contract between you and Degenku, the company that runs the Moku brand ("Moku", "we", "us" or "our"). Please read them: they limit our liability and affect your legal rights.
The short version
- Early access is by our invitation. We can decline, change, pause or end it, and remove any game, at any time.
- You keep what you make, except changed versions of our characters, which are ours. Our characters, props and tools stay ours, and you may only use them to make games for Pupkins.
- You let us host, run, check, adapt and promote your games, and use them and data about them to train AI models.
- You are responsible for your games, including everything your AI tools write for you. No wallets, tokens, real-money play or collecting players' data.
- We don't pay you anything unless we agree to it separately in writing.
- The service comes "as is", our liability is limited, and you cover us for claims about your games: sections 15 to 17.
- Disputes go to individual arbitration, not to court or a class action, except where the law where you live doesn't allow that: section 21.
1. What these terms cover
These terms cover Pupkins Create: this site, the creator kit (the plugin, command line tool, software library and starter games), our characters, animations and props, the build, hosting and multiplayer services, and the creator dashboard (together, "Create").
They add to the Moku Terms of Service, which also apply. If the two conflict, these terms win for Create. Our Creator Privacy Notice explains how we handle your information.
By applying, accepting these terms when asked, signing in here, installing or using the kit, or publishing a game, you agree to these terms. If you do this for a company or anyone else, you promise you can bind them, and "you" includes them.
2. Who can be a creator
You must be at least 18, or the age of majority where you live if that is higher, and able to make a binding contract. You can't use Create if you are in, or a resident of, a place sanctioned as the Moku Terms of Service describe, or if you are on a sanctions list. Don't use a VPN or any other tool to get around this.
One person may have one creator account. The information you give us, including your Discord username, must be true and yours.
3. Early access
Create is an early, unfinished service, available only to people we invite. We decide who gets in, in our sole discretion. We may decline any application, without giving a reason, and applying doesn't entitle you to anything.
We may change, limit, pause or end any part of Create at any time, with or without notice, including its software, its features, what it costs, and the limits on builds, uploads, storage and room time. Things will break, change and disappear, and a change may stop a game you have made from working. Keep your own copies of your work: we don't promise to keep any game, build, log or other data.
Create is free to use today. We may charge for it in future, and we'll tell you before we start charging you. Your own Claude plan and other tools are yours to pay for.
4. Your account and kit link
You use Create with your Moku account. Your kit link, invite key and sign-ins are for you alone: don't share them or put them in a game, a repository or anywhere public. You are responsible for everything done with your account and credentials, and you must tell us straight away at support@moku.gg if you think someone else has them.
5. What we let you use
Create and everything we provide through it belong to Moku or our licensors. That includes the kit, the software library and rooms, the starter games, our characters (such as the Moki and Schiffy), animations, props, artwork and sounds, and our names and logos ("Our Materials"). Nothing here transfers ownership of any of them to you. Using a starter game or building on one doesn't give you any ownership of it, and it stays Our Materials wherever it appears in your Game.
While you are an approved creator, we give you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to use Our Materials only to make, test and publish games for Pupkins through Create, as these terms and our documentation allow. You may share a game with a small group through the kit to test it.
You must not, and must not help anyone else to:
- use Our Materials outside Create, or in any game, film, merchandise, token, NFT or other product we haven't approved in writing;
- extract, copy, redistribute, resell or publish Our Materials on their own, or offer a game containing them anywhere but through Create;
- use Our Materials or Create to train, tune or test any AI model, other than your own AI tools helping you make your game;
- use our names, logos or characters in a way that suggests we made, endorse or are responsible for your game, or register anything confusingly similar to them;
- copy, reverse engineer or build a competing service from Create, except where the law gives you a right to that you can't give up;
- get around the sandbox, limits, checks, security or access controls, test them without our written permission, or reach anything that isn't yours;
- overload Create, or use it to mine, to run anything but a game, or to attack anyone.
Anything made from our characters is ours. A changed, recoloured, dressed or re-rigged version of one of our characters, and anything else derived from them, including animation made for them ("Modified Characters"), belongs to us. To the extent you have or gain any rights in a Modified Character, you irrevocably assign them to us, and you waive any moral rights in it as far as the law allows. You may use Modified Characters under the license above, and only in your Games on Create.
Our names. Don't use Pupkins, Moku, Moki, Schiffy or anything similar in the title of a game, or in a creator name, username or community name, without our written permission. We decide what counts as similar. All goodwill from any use of our names, logos and characters belongs to us.
Parts of the kit come from others under their own licenses (three.js, for example), and those licenses apply to those parts. Tools we don't run, such as Claude Code, Chrome and Node.js, have their own terms.
6. Your games and what you let us do
Your "Game" is what you make or upload with Create, including its code, art, sounds, name and description, but not Our Materials. Between you and us, you keep whatever rights you have in your Game.
You give us and our affiliates a worldwide, royalty-free, non-exclusive, transferable and sublicensable license to host, store, copy, run, build, scan, test, translate, modify, adapt, create derivative works of, display, perform and distribute your Game, let players play it, and use it for any business purpose related to Create and Pupkins, for as long as it is on Create and for a reasonable time after.
What outlasts that. You can update your Game or take it down whenever you like. This license still continues, in perpetuity, for anything already in use or published when you do, for copies we need for security, safety, abuse, legal or dispute reasons, and, for all of it, if we end your access because you broke these terms.
AI training. You also let us and our affiliates use your Game and data about how it is built, checked and played on our services (its files, builds, check results, logs and play data, without players' names, email addresses or wallet addresses) to train, develop, test, improve and use machine learning and AI models and related products. This permission is worldwide, royalty-free, sublicensable and perpetual, and it can't be taken back for anything already used, because a model can't unlearn it. It doesn't cover your conversations with your AI tools, which we don't receive.
You also let us show and describe your Game, and use your creator name and short clips and screenshots of it, to run and promote Create and Pupkins, anywhere and in any media now known or developed later. We don't have to take down promotion already published when your Game comes off Create.
No strings on us. We don't have to credit you, pay you or use any of these rights. Services that carry or show your Game through Create, such as hosting and content delivery providers, have no separate liability to you or anyone else for it.
Ideas and feedback. If you send us ideas, a pitch, suggestions or feedback, you give us a perpetual, irrevocable, worldwide and royalty-free license to use them for any purpose, without paying or crediting you, and they aren't confidential. We make games ourselves and so do other creators. Our games, or theirs, may be like yours or like an idea you sent us, and that gives you no claim against us or them.
7. What you promise
You promise that, whenever you upload or update a Game:
- you own it or have every right and permission needed for it and for what these terms let us do, including for any music, art, code, names or likenesses in it;
- it doesn't infringe or misappropriate anyone's copyright, trademark, privacy, publicity or other rights, and it doesn't defame anyone;
- neither it nor our use of it under these terms will require us to get a license from, pay or credit anyone, cause you to breach a contract with anyone, including an employer or client, or cause us to break any law;
- it, and how you use Create, follow these terms and the law everywhere you offer it, including laws on consumer protection, privacy, children, gambling and exports; and
- it contains no malicious code and does nothing players wouldn't reasonably expect.
What you owe others is yours to pay. You will pay everything owed to anyone because you uploaded or released your Game. For any music or other sound in it, that includes royalties and any fees due to publishers, collecting societies, unions and guilds, and getting their consent where it's needed.
You are solely responsible for your Game and for what happens because of it. That stays true even if our checks passed it, we promoted it, or it was built from our starters.
8. AI tools and your computer
You will likely make games with AI tools such as Claude Code. Those tools are not ours, and you use them under their own terms and at your own risk. What an AI tool writes for you is your responsibility, as if you had written it yourself. It can be wrong, unsafe, or similar to someone else's work, and it may not be protected by copyright. Review it before you publish it.
The kit runs on your own computer and can start commands, servers and browsers there, and your AI tools may run commands you approve. You run it at your own risk. Work in a dedicated folder, keep backups, and check what you approve. We aren't responsible for lost or damaged files, for your computer, or for anything your AI tools do. Don't put passwords, keys or other secrets in a game: anything in a game's files may be seen by players, by us and by our providers.
9. What games can't do
A Game, and anything you do on Create, must not:
- Involve money or crypto: ask for or connect to a wallet; offer, sell, reward or mention a token, NFT or other asset as having value; take payments or sell anything; or offer gambling, betting, or prizes of value, except through a feature we provide for that and approve in writing.
- Take people's information: collect, or try to collect, players' personal information, passwords or wallet details, track them across sites, or send their data anywhere but our services.
- Trick or harm: phish, scam, impersonate anyone (us included), spread malware, or try to get around the platform's protections.
- Break the law or encourage anyone to.
- Sexualize or endanger minors in any way. We report this to the authorities where the law requires or allows.
- Include sexual content, or graphic violence or gore beyond what a general audience would expect in a game like the ones on Pupkins.
- Attack people: hate, harassment, threats, or content promoting violence, self-harm or discrimination against people for who they are.
- Use real people or other people's property: the likeness of a real person without permission, or other people's characters, brands, music or games.
- Misuse our characters: show them in a way that harms our brand, in our reasonable view.
- Copy other creators: copy or change someone else's game or content and publish it as yours, without their written permission.
- Misrepresent us: make false or defamatory statements about us, or suggest you're affiliated with us or that we endorse you or your Game.
We decide whether something breaks these rules, and we may add to them. Pass or fail in the kit's checks doesn't decide it.
10. Players
Players of your Game are our users under the Moku Terms of Service, and you don't get their contact details. Don't direct a Game at children under 13.
Players' data. You may use what you receive about players only to run, secure and improve your Game. Don't try to work out who a player is, including from their per-game ID. Don't build profiles of players, track them across games or sites, or link what you receive to any other information about them. Don't sell, share, rent or disclose it to anyone.
Complaints and disputes. Handle complaints about your Game quickly and professionally. Any dispute between you and a player, another creator or anyone else about your Game is yours to resolve, and you'll try mediation before going to court with a player or another creator, except over an intellectual property takedown. We have no duty to step in. If we do, our decision is final, you agree to follow it, and you'll work with us promptly on it.
Labels and ratings. Anything you tell us about your Game, including its content and who it's for, must be accurate, complete and up to date. We may give your Game a maturity or content label and change it. You aren't entitled to any particular label, we don't promise any label is accurate, and what's in your Game stays your responsibility.
Unless we agree otherwise in writing, Games can't promise players that their progress, items or scores will last.
11. Checks, review and removal
Create scans and tests what you upload. These checks are for our benefit. Passing them, or being released, isn't approval by us and doesn't mean a Game is safe, legal or allowed. We may look at your Games, their files and their logs at any time, but we have no duty to monitor or review anything.
We may refuse, remove, hide, switch off or limit any Game, build, room or feature at any time, for any reason or none, with or without notice, and without liability to you. That includes doing so because of a complaint, a report, a suspected breach of these terms, a risk to players or to us, or the limits on your account. We'll usually tell you if we can, but we don't have to, and we don't have to give reasons or offer an appeal.
12. No payment, no partnership
Being a creator earns you nothing. We don't owe you any payment, revenue share, royalty, reward, token, allocation or other value for your Game, your work, or its use or promotion, unless a separate written agreement signed by us says so. Nothing we say about future earnings or programs is a promise.
You are not our employee, contractor, partner or agent, and you can't speak for or bind us. You are responsible for your own taxes. We don't have to feature your Game, keep it listed, or send it any players.
13. Keeping things private
What you learn about Create that isn't public, such as unreleased features, characters, plans, and anything marked or obviously confidential, is confidential. Don't share it without our written permission, except where the law requires it. You may talk about your own Game and show it to people.
If you find a security problem, tell us privately at support@moku.gg. Don't publish it or use it.
14. Copyright and other claims
If you think something on Create infringes your rights, email support@moku.gg with your contact details, a description of the work, where the content appears, and a statement that you believe in good faith the use isn't authorised and that your notice is accurate. We may remove content on the strength of a notice, pass it to the creator, and close the accounts of repeat infringers.
15. Disclaimers
CREATE, INCLUDING THE KIT, OUR MATERIALS, THE CHECKS AND THE BUILD, HOSTING AND MULTIPLAYER SERVICES, IS AN EARLY SERVICE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. TO THE FULLEST EXTENT ALLOWED BY LAW, MOKU DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THAT, WE DO NOT WARRANT THAT: CREATE WILL BE AVAILABLE, SECURE, FREE OF ERRORS OR KEEP WORKING; A GAME WILL RUN, STAY ONLINE OR HAVE ANY PLAYERS; YOUR GAMES OR DATA WILL BE KEPT OR NOT LOST; OUR MATERIALS CAN BE USED IN ANY PARTICULAR WAY OR WILL STAY AVAILABLE; THE KIT WILL NOT AFFECT YOUR COMPUTER OR FILES; OR OUR CHECKS WILL CATCH ANY PROBLEM.
16. Limits on our liability
The "Moku Parties" are Degenku, its affiliates, and their officers, directors, employees, contractors, agents, licensors and service providers.
TO THE FULLEST EXTENT ALLOWED BY LAW: (A) THE MOKU PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, PLAYERS, DATA, CODE, WORK, GOODWILL, OPPORTUNITY OR DIGITAL ASSETS, ARISING OUT OF OR RELATING TO CREATE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; (B) THE MOKU PARTIES WILL NOT BE LIABLE FOR ANY LOSS CAUSED BY REMOVING OR SWITCHING OFF A GAME, ENDING YOUR ACCESS, CHANGING OR ENDING CREATE, AI TOOLS OR OTHER THIRD-PARTY SERVICES, DAMAGE TO YOUR COMPUTER OR FILES, OR THE ACTS OF PLAYERS, OTHER CREATORS OR THIRD PARTIES; AND (C) THE MOKU PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO CREATE OR THESE TERMS, TOGETHER, IS LIMITED TO THE GREATER OF (I) THE AMOUNT YOU PAID US FOR CREATE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (II) US$50.
These limits apply even if a remedy fails of its essential purpose, and they are part of the basis of the bargain between us. Some places don't allow some of these limits, so they may not all apply to you. Nothing in these terms limits liability that the law doesn't allow us to limit, such as liability for fraud, or for death or personal injury caused by negligence.
17. Indemnity
To the extent the law allows, you will defend, indemnify and hold harmless the Moku Parties from any claims, losses, liabilities, penalties and expenses, including reasonable legal fees, arising from: your Game, including any claim that it infringes someone's rights or harmed a player or anyone else; what your AI tools produced for you; your breach of these terms or any promise in them; your use or alleged use of Create or Our Materials; your dealings and disputes with players or others; your taxes; and your violation of any law or anyone's rights. We may take over the defense of any claim, and you will help us. You can't settle a claim that affects us without our written consent.
18. Release
To the extent the law allows, you release the Moku Parties from all claims, known or unknown, arising from: our decisions on applications; removing, limiting or switching off a Game or your access; the acts of players, other creators and third parties; and games, including ours, that resemble yours or an idea you sent us. If you live in California, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive any similar law where you live.
19. Ending this
We may suspend or end your access to Create, or your creator account, at any time, for any reason or none, with or without notice, and without liability to you. You can stop using Create at any time and ask us to take your Games down.
When your access ends, your licenses under section 5 end at once: stop using Our Materials, delete the kit and Our Materials from your systems, and stop offering anything made with them. We may remove your Games and may delete your builds and data, so keep your own copies. A Game containing Our Materials can't go on being offered elsewhere.
What by its nature should survive does, including the ownership terms in section 5, and sections 6, 7, 8, 10, 12, 13 and 15 to 21. Ending your access as a creator doesn't by itself end your Moku account.
20. Changes to these terms
We may change these terms. We'll post the new version here and change the "Last updated" date, and we may ask you to accept it. If you keep using Create after the change, you accept it. If you don't agree, stop using Create. A change doesn't apply to a dispute we already knew about before the change.
21. Disputes and everything else
Disputes about Create are resolved under the dispute terms of the Moku Terms of Service: we first try to resolve them informally with each other, then by final and binding individual arbitration under the laws of Costa Rica, not in court, and never as a class, collective or representative action, with any right to a jury trial waived, except where the law where you live doesn't allow that. Any claim must be brought within one year after it arises, unless the law requires a longer period. We may go to any court for an order to protect Our Materials, our systems or our players.
Everything else not covered here is in the Moku Terms of Service. You can't transfer these terms or your account without our written consent. We may transfer them, for example with a sale or reorganisation. If a provision is found unenforceable, it is limited to the minimum extent needed and the rest stays in effect. Not enforcing something isn't giving it up. Nobody else, including players, has rights under these terms. These terms, the Moku Terms of Service and any written agreement we sign with you are the whole agreement between us about Create. We aren't responsible for delays or failures caused by events outside our reasonable control.
22. Contact us
- Email: support@moku.gg
- Discord: open a support ticket in the Moku Discord
