Gamefound Updates Terms of Service to Require AI Usage Disclosure

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Gamefound updated its Terms of Service agreement to require disclosure of AI usage by creators in their crowdfunding projects on the platform.

The Terms of Service for Creators update includes specifics on requiring creators to disclose their usage of AI in projects. Clause #9 of the updated policy, which outlines the AI disclosure requirement, reads as follows:

If a Creator uses generative artificial intelligence (AI) tools (including but not limited to AI-based text, image, video,), to produce any content published on their Gamefound Project page (such as campaign descriptions, visual assets, promotional videos, or other marketing materials), or in the creation or development of the product offered as part of the campaign or Pledge Manager (particularly where AI contributes to visual, textual, narrative, mechanical elements), they must clearly disclose this fact on the Project page. Such disclosure must:
– identify which specific elements of the content were generated using AI;
– be visible to Backers before pledging begins;
– maintain clarity and transparency in how the Project is presented.

Furthermore, the policy update continues on to outline the consequences of creators not following the disclosure rules:

If a Creator fails to disclose the use of generative AI in content posted on their Gamefound project page, Gamefound may, at its sole discretion:
– suspend the visibility of the Project on the platform, making it temporarily inaccessible to Backers;
– temporarily hide or suspend the campaign; 
– issue a public notice to Backers about the missing disclosure;
– restrict the Creator’s account or some functionalities;
– exclude the campaign from Platform promotions.

Repeated or intentional violations may result in permanent removal from the Platform, especially if the lack of disclosure misleads Backers or infringes third-party rights.

The clause also includes an indemnity provision, declaring the Creator as the party responsible for content on their Project page:

Gamefound is not responsible for the content provided by the Creator on the Project page, including any information or claims relating to the use of generative AI. All content remains the sole responsibility of the Creator.   

Clause #9 essentially allows Gamefound to distance itself from creators who mislead or misrepresent their projects on the platform as being created without the help of generative AI as well as potentially take action against creators that don’t disclose their use of generative AI. The use of generative AI in games has been a hot-button issue for fans and creators over the last few years. The issue had recently flared up again after Ryan Dancey’s comments about the use of AI in games on LinkedIN ignited a social media firestorm amongst game designers and board game fans (see “People on the Move“). 

Source: ICv2