Developer Terms

Last updated 15 September 2026 / Version Effective 15 September 2026

1.  Acceptance

1.1 These terms apply between Ovomind SA and the entity or individual opening a developer account (“you” or “Studio”). You accept them by ticking the acceptance box during onboarding.

1.2 You confirm you are 18 or over and authorised to accept on behalf of your Studio.

1.3 We may update these terms for future signups at any time. Any change applies to you only after notice and thirty (30) days, or on your renewed acceptance. Changes only affect future Delivery Cycles; an amendment never applies to a Delivery Cycle already running.

1.4 Compatible Game. A “Compatible Game” is a video game intended primarily for entertainment of the general public, playable on consumer hardware, and publicly available through a mainstream consumer storefront, whether paid or free-to-play. VR titles may qualify if they otherwise meet this definition. A title classified outside the games category by its storefront (for example as fitness, health, wellness, education, productivity or utility) is not a Compatible Game. An age rating from PEGI, ESRB, USK, IARC or equivalent body is evidence that a title is a game.

“Compatible Content” means a Compatible Game and any mod, expansion, add-on or level pack for it. “Compatible Title” means any title with a valid Production Game ID, whether operated under these Developer Terms or an Enterprise Plan.

Any use of the Technology outside Compatible Games requires an Enterprise Plan. This includes clinical, therapeutic, diagnostic or wellness applications; research or participant-testing tools; training, simulation or assessment tools; serious, educational, corporate, advertising or promotional games; and any application primarily intended to instruct, promote, evaluate, measure, study or profile users rather than entertain them. Internal evaluation under a Sandbox Game ID is permitted without an Enterprise Plan, provided access remains limited to your team.

If a storefront reclassifies an otherwise unchanged title outside its games category after release, it ceases to be a Compatible Game. Ovomind will notify you and allow ninety (90) days to enter into an Enterprise Plan or remove the Technology, during which continued operation will not be treated as a prohibited use.

2.  What you get, at no cost

2.1 The Ovomind SDKs listed at [URL], as updated from time to time; the technical documentation; and the live emotional-response Output stream during a session.

2.2 A developer dashboard covering your account and seats, Game ID issue and status, integration health, your Delivery Cycle status, and Attributed Player telemetry under clause 10.4.

2.3 A community Discord channel, which is the support offered at this tier.

2.4 Seats. Seats are free. You may hold up to ten (10) seats on a Studio account, and as many within that limit as you reasonably need to integrate and test. Ask for what you need and we will issue it; we will query a request only where the number is plainly unrelated to integration work. More than 10 seats falls under the Enterprise Plan.

2.5 Usage. Your usage is unlimited for as long as your account is active: unlimited titles, mods, development and testing minutes, and sessions. We meter none of it, charge for none of it, and throttle none of it. The seat count in clause 2.4 is the single limit at this tier.

2.6 What this tier is for. Integrating the Technology and testing your integration. Ovomind provides no session history at this tier, including for test sessions run by your own team; session history is available only under the Enterprise Plan. Your access to end-user data is limited to the live Output stream under clause 2.1 and the anonymised telemetry under clause 10.4. Session replay is not available at this tier. Features built for studying players belong exclusively to the Enterprise Plan.

2.7 What free means here. Free access carries no fee, no payment card, no minimum term, no royalty on your revenue, no obligation to report your revenue, and no audit right over your accounts. Ovomind never invoices you for player usage. clause 9 explains how free access is maintained; it adds no fee and introduces no later price.

2.8 Releasing a game or a mod is your choice. If you release nothing, nothing becomes payable, and clause 9.6 sets out how your access is suspended until you ship again.

2.9 SDK support and notice. Where we release a change to the SDK that would break an existing integration, we give you at least twelve (12) months’ notice before the affected version stops being supported. Schedule 1 paragraph 6 is applied consistently with that notice period.

3.  The Enterprise Plan

3.1 The Enterprise Plan carries user-research and study tooling, session history and replay, bulk or historical data export, cohort and aggregate analytics, benchmarking, participant management, named or priority support, guaranteed response times, service levels, dedicated engineering, solution architecture, on-site assistance, custom dashboards and an account manager. Holding more than 10 seats also falls under the Enterprise Plan, whatever the intended use. User-research outputs (arousal, valence, distances to Ovomind's nine emotion centroids, heartbeat period and acceleration) are available only under the Enterprise Plan, for research and evaluation; any product or feature made available to end users, under these terms or an Enterprise Plan, may rely only on the Ovomind Light outputs described in clause 5.1. The streaming outputs provided to members of the Ovomind Creator Programme are not available under these terms.

3.2 The Enterprise Plan is a separate paid agreement on Ovomind’s enterprise terms. These Developer Terms neither grant it, price it, nor oblige Ovomind to offer it. Contact Ovomind if you need it. Ovomind will respond within fifteen (15) business days and will give a reason where it declines. Where a request for a title under discussion in good faith is pending, Ovomind will not suspend that title’s Production Game ID on the ground that the title falls outside clause 1.4 while that discussion continues. Where Ovomind declines, the Production Game ID keeps serving players for ninety (90) days after the decline.

4.  Game IDs and approval

4.1 A Sandbox Game ID is issued automatically on signup. It is valid for development and internal testing, and serves your team only.

4.2 A Production Game ID is required before your title serves players outside your team, and is issued after review by Ovomind. You submit with your request a description of the title stating its purpose, genre, intended audience, distribution channel and storefront category, and you must notify us of any material change to that description. We aim to respond within two (2) business days; where the application of clause 1.4 is in doubt, we may take a further ten (10) business days on that question alone.

4.3 Review confirms: that the title is a Compatible Game under clause 1.4; that it is a real, shipping product; that player consent is captured through the Ovomind consent flow; that the use is permitted under clause 6.2; that a valid test session has run in the last thirty (30) days; and that the title displays nothing prohibited under clause 5.4. These criteria are published on the dashboard. We give a reason for any decline. You may appeal once, in writing, within thirty (30) days; we respond within ten (10) business days.

4.4 We may suspend a Production Game ID for breach of clause 5 or clause 6, or on a credible player complaint. Suspension takes effect immediately, including for sessions in progress: delivery of Outputs stops within a short technical delay. Except where player data is at risk, we notify you first and give you forty-eight (48) hours to respond.

4.5 Effect of the review under clause 1.4. Where we issue a Production Game ID, we determine that the title is a Compatible Game as described in the submitted description. That determination binds Ovomind in respect of that title and we will not later re-characterise it, except where the title as released differs materially from that description, where the description was incomplete or inaccurate, where the title is materially changed after release, or where a storefront reclassifies it under clause 1.4.

5.  Player data — what you receive, and what you must not do

5.1 During a session you receive Outputs — the Ovomind Light outputs listed in the technical documentation, currently an emotion label, a quick-activation score, heart rate in beats per minute and breathing rate — together with a pseudonymous session identifier. You may store, analyse, export and act on Outputs, and correlate them with your own game telemetry.

5.2 You receive Outputs only. Raw Sensor Data — the underlying photoplethysmography, electrodermal, temperature, accelerometer and gyroscope signals, and any intermediate value produced before an Output — stays with Ovomind and is never delivered to you.

5.3 The two things you must not do. First, you must not attempt to acquire Raw Sensor Data by any route — whether from the device, firmware, radio, transport, SDK or cloud, and whether through debugging, packet capture, instrumentation, emulation, modified firmware, rooted devices or platform health interfaces. Second, you must not use Outputs to train, fine-tune or evaluate any model that estimates emotional, affective or physiological state, nor conduct systematic black-box testing of the input-to-Output relationship to reconstruct our methods. These are the only substantive restrictions in this agreement, and they protect the one thing we own.

5.4 Your title may display the player’s heart rate as a number in beats per minute. It must not display anything from which our signal processing or inference could be reconstructed.

5.5 Breach of this clause entitles us to suspend your Game IDs immediately, to terminate, and to pursue damages and injunctive relief under ordinary law. These terms set no fixed contractual penalty.

6.  Consent and permitted use

6.1 Ovomind captures player consent through its own consent flow, as described in the Ovomind Privacy Policy (ovomind.com/privacy). Your integration must use that consent flow and must not collect physiological consent separately or ahead of it. This keeps responsibility for the consent with Ovomind, where it belongs.

6.2 Permitted use. You may use the Technology for consenting players in Compatible Games. You must not use it for gambling or wagering; for monitoring employees or students; for insurance, credit or employment decisions; or to profile any person who has not consented through the Ovomind flow. Emotion inference in workplace and educational settings is also prohibited under applicable law.

6.3 You must not give access to any affiliate or contractor that develops competing emotion-inference, affective-computing or biosignal-analysis technology.

6.4 Data processing by your title. You receive Outputs as a pseudonymous data stream. Your title processes them under your own responsibility. You remain responsible for your own privacy obligations towards your players in respect of game telemetry you collect alongside Outputs. Ovomind’s obligations to players are set out in the Privacy Policy and in the Player Terms; they are not yours to discharge.

7.  Intellectual property

7.1 Ovomind retains all rights in the Technology: the SDKs, models, algorithms, firmware, hardware designs and documentation. Ownership stays with Ovomind.

7.2 You own your game entirely, including everything you build using Outputs. We take no interest in it and no licence to it beyond what running the service requires.

7.3 If you send us feedback, bug reports or suggestions about the Technology, you allow us to use them freely. This covers feedback about our product, and reaches none of your own work.

7.4 You grant us a licence to use anonymised, aggregated data generated through your title to improve our models. This data identifies neither a player nor your game-design decisions. Where the Technology is used outside Compatible Games under an Enterprise Plan, that plan governs any additional data licence.

7.5 You allow us to name your Studio and title publicly as an Ovomind integration, and to use your logo and a screenshot for that purpose. You may withdraw this in writing at any time.

8.  Warranties and liability

8.1 The Technology is provided as is. We warrant that, to our knowledge, it does not infringe third-party rights. We do not warrant the accuracy of emotional inference or uninterrupted availability.

8.2 Each party’s liability is limited to direct loss. Our total liability is capped at the fees you have paid us in the preceding twelve months, or CHF 5,000, whichever is greater. This cap does not apply to your breach of clause 5. Nothing in these terms excludes or limits liability that cannot be excluded or limited under Swiss law, including liability for death or personal injury and liability for unlawful intent or gross negligence.

8.3 Compatible hardware. The Technology is designed to operate with compatible wearable devices manufactured by third parties and outside Ovomind’s control. Ovomind makes no warranty as to the continued availability, compatibility, or fitness for purpose of any such device. If Ovomind becomes aware that a device listed as compatible has been discontinued or is no longer supported, Ovomind will notify the Studio and use reasonable efforts to identify and qualify a suitable alternative device.

9.  Continued free access — the Delivery Cycle

9.1 How free access is earned, and how it is kept. The Technology is free to build with, and stays free for as long as you keep shipping. Free access is a standing arrangement rather than a trial or an expiring discount: you earn it by adding Compatible Content to the Ovomind catalogue, and you can go on earning it without limit.

9.2 The Delivery Cycle. A Delivery Cycle of eighteen (18) months begins when your developer account is created. Every Qualifying Release starts a fresh eighteen-month cycle, running from the date that release reaches players. Eighteen months is therefore the longest permitted gap between releases. Ship within each cycle and your access stays free indefinitely: cycles are uncapped, every renewal is free, and continuing to ship is always enough.

9.3 What counts as a Qualifying Release. A Qualifying Release is Compatible Content you have shipped to players. It may be a Compatible Game, or a mod, expansion, add-on, level pack or platform release for a Compatible Game — your own or, with that publisher’s permission, another studio’s. It must hold a Production Game ID under clause 4.2, reach players outside your team, and meet the Quality Standard in Schedule 1. A mod is judged on the same Standard as a game, at the proportionate usage figure set under Schedule 1 paragraph 5. Routine patches and bug fixes fall outside this definition. A platform release counts only where it is the first commercial availability of a Compatible Game on a platform on which it was not previously commercially available, counting console, PC, mobile and VR/XR as separate platforms.

9.4 One cycle per account. Each Qualifying Release resets the cycle for your whole account, not for a single title. A Studio shipping steadily — a game, then a mod, then an expansion — stays clear of any lapse, and is never asked to ship faster than eighteen months to stay free.

9.5 Reminders, and a grace period. We notify you sixty (60) and thirty (30) days before a Delivery Cycle ends, and your current status stays visible on your dashboard throughout. If a cycle is about to lapse you may request one extension of ninety (90) days per cycle, granted on reasonable request. A cycle is treated as lapsed only after those notices have been given.

9.6 If a cycle lapses. If a Delivery Cycle ends with no Qualifying Release and no extension, your access is suspended: (a) your developer account is suspended, including the SDK, the documentation, your seats, the dashboard and the Discord channel, and development and testing stop; (b) your Sandbox and Production Game IDs are suspended, so no title serves further sessions; and (c) nothing becomes payable — suspension is the entire consequence, and Ovomind will report to you by email any incentive accrued under clause 10.4. Ovomind will reinstate your account, the SDK, your seats and a Sandbox Game ID on written request, so that you can resume development; your next Qualifying Release then restores full access, including Production Game IDs, automatically and starts a new Delivery Cycle, with no reinstatement fee.

9.7 No debt for not shipping. A missed Qualifying Release creates no debt. The single consequence of a lapsed cycle is the suspension of access in clause 9.6. We make no claim for a fee, royalty or penalty in respect of the free SDK, seats, titles, development and testing minutes, or player usage described in clause 2.

9.8 Where we have invested directly in you. This clause 9.8 applies only where you and Ovomind have signed a Studio Support Schedule under which Ovomind allocates resources at its own cost — dedicated engineering days, hardware units, or funded co-marketing. Studio commits to the objective quality and performance metrics in Schedule 2. Where no Qualifying Release follows within the Delivery Cycle in which those resources were allocated, Ovomind may recover the documented cost of the resources actually delivered, capped at the recovery ceiling stated in the Studio Support Schedule. Where you have partly performed, recovery is reduced in proportion to the objectives in Schedule 2 that you have met. Ovomind must evidence its costs; the cap is a ceiling on recovery, not an agreed sum. No claim arises where the absence of a Qualifying Release results from a publisher or platform decision outside your control, from force majeure, or from Ovomind’s own delay or defect. If a Qualifying Release follows within twelve (12) months after the end of that cycle, Ovomind waives the claim and refunds any amount already recovered. This clause reaches nothing provided free of charge under clause 2.

10.  End user usage

10.1 Each end user may use the Technology free of charge for one (1) hour per calendar month, shared across every Compatible Title and subject to server availability. The free hour is shared, not per title, and expires at month end.

10.2 An end user who wants more must subscribe to the Ovomind Premium plan, at the rates offered on our website, consistent with the Player Terms. Premium provides unlimited minutes across every Compatible Title, together with the full self-regulation tools.

10.3 Ovomind sells Premium directly to the end user. You never invoice, collect or account for player usage, you receive no share of subscription revenue except as provided in clause 10.4, and we never invoice you for it. Your title must present Ovomind Premium as a separate Ovomind service, and must not gate, resell or bundle it inside your own purchase.

10.4 New User Acquisition Incentive. 

(a) Enrolment & qualification: Any Studio holding an active Production Game ID is automatically enrolled in the New User Acquisition Incentive programme. This incentive is strictly designed to reward Studios for introducing entirely new, paying end users to the Ovomind ecosystem. 

(b) The conversion incentive: Ovomind will pay the Studio a one-time fee equal to thirty percent (30%) of the net revenue collected from a player's very first subscription payment (whether monthly or annual tier), provided that: 

(i) The end user has not held an active Ovomind Premium subscription during the twelve (12) months preceding the conversion; and 

(ii) The end user purchases said subscription while using the Studio’s specific title or within thirty (30) days after playing such title, provided that the end user has not, in the thirty (30) days preceding the subscription, completed a session subject to another conversion incentive under these terms ("Converted Player"). 

(c) Scope limitations: For the avoidance of doubt, no further revenue share, royalty, or recurring commission shall accrue to the Studio on any subsequent monthly renewals, annual renewals, upgrades, or separate purchases made by the Converted Player. Furthermore, if a Converted Player subsequently plays a different title ("Game B") operated by the same Studio or an affiliate, no additional revenue share or incentive shall be triggered for Game B. 

(d) Net Revenue definition: "Net Revenue" means the gross cash amounts actually collected by Ovomind for that specific first transaction, minus storefront or platform processing fees (e.g., Apple App Store, Google Play, Stripe), attribution or commissions paid under a Creator referral code arrangement, chargebacks, refunds, and applicable value-added taxes (VAT). 

(e) Payment & suspension protection: Payments are calculated quarterly and distributed within forty-five (45) days after each calendar quarter end, provided the accrued balance exceeds USD 100. If a Studio’s Production Game ID is suspended under clause 9.6 (Lapsed Cycle), any conversion bonuses successfully earned and accrued prior to the effective date of suspension remain the absolute property of the Studio and will be paid out under normal quarterly cycles, regardless of the suspension of development tools.

(f) Territorial restrictions. Ovomind may exclude from the New User Acquisition Incentive programme any jurisdiction in which Ovomind reasonably determines that the payment or operation of the incentive would create a material compliance risk under applicable privacy, biometric, consumer-protection or other laws. No incentive will accrue in respect of an end user residing in an excluded jurisdiction at the time of conversion. Ovomind will make the current list of excluded jurisdictions available to the Studio.

11.  Termination

11.1 Either party may terminate at any time, for any reason, on written notice or by closing the account. Nothing becomes payable on termination. clauses 5, 6, 7, 8 and 12 survive termination. Where Ovomind terminates for convenience rather than for your breach, your existing Production Game IDs keep serving players for ninety (90) days after notice.

12.  Governing law

12.1 Swiss law applies. The courts of Geneva, Switzerland, have exclusive jurisdiction over any dispute in connection with these terms.

13.  Notices

13.1 Notices to you are given to the email address on your developer account and, where they concern your Delivery Cycle, are also posted to your dashboard. Notices to Ovomind are given to the contact address published on our website. A notice is treated as received on the next business day after it is sent. You must keep your account email address current.

Schedule 1 — The Quality Standard

A Qualifying Release meets the Quality Standard when each of the following is true on the date we assess it. Every item is objective and visible to you on your dashboard before you submit, and each is appealable under paragraph 8.

1. Production Game ID. A Production Game ID has been granted for the game or mod under clause 4.2 and is not suspended.

2. Genuinely shipped. The content is available to players outside your team on at least one public distribution channel. For a mod, that includes the host game’s official mod channel or workshop.

3. Consent. Every player is enrolled through the Ovomind consent flow, and no separate physiological consent is collected (clause 6.1).

4. Integration health. At least 95% of sessions started in the preceding ninety (90) days completed without an integration-caused invalid session. Sessions invalidated by Ovomind availability do not count against you.

5. Real usage. At least 250 distinct player sessions in the ninety (90) days following release for a game, and at least 50 for a mod. For a Compatible Game with a deliberately small audience, we will set a proportionate figure in writing in advance, on request.

6. Current SDK. The content runs an SDK version released within the preceding twelve (12) months, subject to clause 2.9.

7. No open breach. No unresolved breach of clause 5 or clause 6.2, and nothing displayed that is prohibited by clause 5.4.

8. Assessment and appeal. We confirm or decline within ten (10) business days and give written reasons. You may appeal once, in writing, within thirty (30) days, and we respond within ten (10) business days. While an appeal is open, the Delivery Cycle is suspended.

Confirmations required at onboarding

Four tick-boxes, each separate:

☐  I am authorised to accept these terms for my Studio, and the information I have given is accurate.

☐  I have read clause 5 and understand that Raw Sensor Data must never be captured, and that Outputs must never be used to train a competing model.

☐  I will use the Ovomind consent flow for every player, and I will not use the Technology for any purpose prohibited by clause 6.2 or by applicable biometric and privacy laws.

☐  I understand that this tier is for integrating and testing only — the SDK, the documentation, the Discord channel and up to ten seats, with unlimited testing — and that research tooling, analytics and support are Enterprise Plan features. Free access is maintained by shipping a game or a mod at least once every 18 months. If my cycle lapses, I owe nothing, but my access — SDK, seats, testing and Game IDs — is suspended until my next qualifying release. My Studio is automatically enrolled in the 30 % New User Acquisition Incentive programme.

Schedule 2 — Quality & Performance Requirements (for Supported Studios)

Where Ovomind provides funded resources or commits co-marketing support under clause 9.8, Studio commits to the following objective quality and performance metrics for the Ovomind integration in the Compatible Game. These metrics address the implementation of the Technology, not the design, content or commercial performance of the game. Each is measured by Ovomind from its own telemetry and is visible to Studio on the dashboard.

1. Technical Stability Goals. The Studio will target a crash-free rate of at least 98% across sessions in which the Technology is active, measured during pre-launch testing and over the first ninety (90) days after launch. Crashes not attributable to the SDK or the Technology do not count against Studio.

2. Playtest & Integration Review. At least thirty (30) days prior to commercial launch, the Studio will provide Ovomind with access to a current development build (Release Candidate) for the sole purpose of validating the technical integration of the SDK.

3. Design Feedback Loop. Ovomind may provide technical recommendations to optimise the emotional interactivity and user interface layout of the Ovomind features. The Studio will make reasonable commercial efforts to implement these suggestions, provided they do not conflict with the Studio’s creative vision, gameplay balance, or production schedule.

4. Remedies for Integration Failures. If a build fails to achieve baseline technical compatibility or creates critical loops that invalidate player sessions (falling below the 95% threshold in Schedule 1), Ovomind’s sole remedy is the right to withhold further unallocated support resources or pause co-marketing activities until the technical issue is mutually resolved.