Developer Terms of Service
Effective Date: October 26, 2026 | Last Updated: October 26, 2026
Version: 2026-10-26. This version replaces both earlier texts of the Developer Terms of Service dated October 15, 2026 (the text shown in the Developer dashboard and its PDF, and the text published on INVO's website). From the Effective Date there is one Developer Terms of Service.
BY CLICKING "I AGREE," CREATING A DEVELOPER ACCOUNT, OR ACCESSING OR USING THE INVO NETWORK PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
IMPORTANT: SECTION 6B LETS INVO SUSPEND YOUR ACCOUNT AUTOMATICALLY, WITHOUT PRIOR NOTICE, WHEN YOUR CHARGEBACK RATE REACHES THE CUTOFF RATE, AND LETS INVO HOLD YOUR FUNDS FOR AT LEAST 180 DAYS AFTER SUSPENSION OR TERMINATION. PLEASE READ IT, AND THE ACKNOWLEDGMENT IN SECTION 6B.21, BEFORE YOU AGREE.
If you do not agree to these Terms, do not use the Platform.
1. Definitions
The following capitalized terms have the meanings set forth below. The terms defined in Section 6B.1 (including Affiliate, Chargeback Rate, Do-Not-Onboard List, Held Funds, Hold Period and Reserve) have the meanings given there and apply throughout these Terms and the Platform Policies. Capitalized terms not defined in these Terms have the meanings given in INVO's then-current published policies and documentation.
"API Keys" means the authentication credentials issued by INVO to Developer for accessing the Platform.
"Acceptance Rules" means the settings Developer configures to control whether and how Virtual Currency is accepted in its Games, including eligible items, pricing, limits and restrictions.
"Account Email" means the email address associated with Developer's account owner in the Developer dashboard.
"ACH Debit Authorization" means the authorization described in Section 6B.15, in the form INVO presents when Developer adds or confirms a bank account.
"Card Chargeback" means a chargeback, payment dispute or reversal initiated by a Player through the Player's card issuer or the card network on a Card Payment.
"Card Payment" means a Player payment by credit, debit or prepaid card that is processed by or on behalf of INVO through the Platform. A payment made through a third-party storefront or payment rail is not a Card Payment.
"Confidential Information" means any non-public information disclosed by either party in connection with these Terms, whether marked as confidential or reasonably understood to be confidential, including API Keys and credentials, technical documentation, integration materials, business terms, pricing and fee allocations, performance data, security procedures, non-public product roadmaps and payout details.
"Creator Program" means a program in which Developer registers individuals or businesses who create, sell or promote content, goods or services through Developer's Game so that INVO can pay them, as described in Section 5.6.
"Developer" or "you" means the individual or legal entity that registers for and uses the Platform.
"Developer-Platform Dispute" means any dispute, refund request, fee adjustment, reversal, or correction occurring between Developer and INVO arising from Platform fees, internal Platform Transactions, or Platform-side errors. These are separate and distinct from Card Chargebacks.
"Developer Earnings Balance" means the amount INVO owes Developer at a given time under these Terms and the Platform Policies, calculated under Section 2 of the Payout and Reserve Policy, before any payout to Developer.
"Game" means any video game, software application, or digital product developed or operated by Developer that integrates with the Platform.
"INVO" or "we" or "us" means Invo Tech, Inc., a Delaware corporation, and its subsidiaries and affiliates.
"Payee" or "Creator" means an individual or legal entity, other than Developer, its employees acting in that capacity, or a Player acting only as a Player, whom Developer registers for a Creator Program and whom INVO has accepted as a payee under Section 5.6.
"Payee Data" means the information relating to a Payee that Developer submits to INVO when registering the Payee, and the personal information, business information, tax information, bank account details and consent records that INVO collects directly from the Payee, for the purposes in Section 5.6.
"Payee Payout" means a payment of United States dollars that INVO makes to a Payee's bank account under Section 5.6.
"Payee Terms" means the INVO Payee Terms, which govern the relationship between INVO and each Payee and which INVO presents to each Payee directly.
"Platform" means INVO's proprietary software platform, including APIs, SDKs, documentation, dashboards, identity systems, and all related tools and services made available by INVO, as INVO may modify from time to time.
"Platform Policies" means INVO's then-current published policies, fee schedules, acceptable use policies, privacy policies, service level documentation, and any other operational policies published on the Platform or in the Developer dashboard, as updated from time to time, including the Payout and Reserve Policy and the Refund and Dispute Policy.
"Player" or "End User" means an individual end user of Developer's Game who interacts with the Platform.
"Seller Tier" means the basis on which Developer sells through the Platform, as set out in Section 2.2: the Open tier (the default) or the Merchant of Record tier (available on application and INVO's approval).
"Transaction" means any value-event processed through the Platform.
"Virtual Currency" means Developer-defined digital currency used within a Game, recorded and processed through the Platform. Virtual Currency is not, and shall not be implemented as, cryptocurrency, blockchain-based tokens, or any decentralized digital asset.
2. Platform Architecture and Parties
2.1 INVO's Role
INVO provides a software platform that enables Developer-defined Virtual Currency functionality, including identity management, balance bookkeeping, value routing, consent and verification systems, and developer tooling. INVO also maintains banking arrangements through one or more financial institutions for the segregated holding of Player funds and the execution of Developer payouts. The specific scope of Platform features and services is set forth in the Platform Policies and may be modified by INVO from time to time.
2.2 Seller Tiers
On the Open tier, Developer is the seller of the items, Virtual Currency and services Players buy in Developer's Game, and Developer is responsible for all sales, use, value added and similar taxes on those sales. On the Merchant of Record tier, available only on Developer's application and INVO's approval, INVO acts as the merchant of record and seller to the Player for Card Payments, and calculates, collects and remits the applicable consumption taxes on those sales in the jurisdictions where INVO is registered. On either tier, INVO processes Card Payments through its payment processors, and a third-party storefront or payment rail remains the seller for purchases made through it. Section 6B applies to Developer on both Seller Tiers.
2.3 Two Distinct Categories of Refunds and Disputes
These Terms recognize two separate and distinct categories of refunds, disputes, and chargebacks:
(a) Card Chargebacks (Player and card issuer):
- Player-initiated disputes of Card Payments raised through the Player's card issuer and the card network
- Managed by INVO on Developer's behalf and decided under the card network rules, subject to the Chargeback Guarantee in Section 6.6
- Developer is not a party; downstream effects on Developer revenue are reflected in INVO's accounting, and Card Chargebacks count toward Developer's Chargeback Rate under Section 6B
(b) Developer-Platform Disputes (Developer and INVO):
- Developer-initiated disputes regarding Platform fees, internal Transaction reversals, or Platform-side errors
- Adjudicated by INVO in accordance with INVO's then-current Platform Policies
2.4 Payment Processors and Storefronts
Developer has no direct contractual relationship with INVO's payment processors. All Developer-facing matters, including Platform fees, Developer payouts, tax reporting and dispute handling, are handled by INVO as set forth in these Terms and the Platform Policies. Purchases made through a third-party storefront or payment rail are also subject to that storefront's own terms. INVO's rights under these Terms are in addition to, and are not limited by, any reserve, hold, dispute or termination rule that INVO's payment processors or the payment networks apply to INVO.
3. Eligibility and Account Registration
3.1 Eligibility
To use the Platform, Developer must: (a) be at least 18 years old or the age of majority in its jurisdiction, whichever is higher, and have legal capacity to enter into a binding agreement; (b) not be prohibited from using the Platform under applicable law; (c) if acting on behalf of an entity, have authority to bind that entity to these Terms; and (d) not be, and not be an Affiliate of, a person or account on the Do-Not-Onboard List.
3.2 Account Registration
Developer must create an account to access the Platform and must provide accurate, current, and complete registration information, and must keep it up to date, including the Account Email and Developer's bank account details. Developer is responsible for maintaining the confidentiality of its account credentials and API Keys, and for all activities occurring under its account.
3.3 API Keys
API Keys must be stored securely and treated as Confidential Information. Developer is solely responsible for the security of its API Keys and must notify INVO immediately of any unauthorized use or suspected compromise of its API Keys or credentials. INVO is not liable for unauthorized Platform access resulting from compromised API Keys.
3.4 Verification
INVO may require identity verification, business documentation, sanctions screening, bank account verification or other information at any time, in its sole discretion, before activating or maintaining Developer's access to the Platform or any feature, and before releasing any payout. If Developer does not provide requested information, INVO may limit Developer's access, hold payouts or suspend the account.
4. The Platform
4.1 Service Description
The Platform provides software services that enable cross-game Virtual Currency functionality and related features as INVO determines and makes available from time to time. The specific scope of features, capabilities, and limitations is set forth in the Platform Policies and may be modified by INVO at any time.
4.2 No Cryptocurrency or Blockchain Support
The Platform is designed for traditional Virtual Currency systems and does not support cryptocurrency, blockchain-based tokens, decentralized finance protocols, non-fungible tokens, or other decentralized digital assets. Developer warrants that its use of the Platform complies with this restriction.
4.3 Service Modifications
INVO may modify, update, suspend, or discontinue any part of the Platform at any time, with or without notice. Continued use of the Platform after any modification constitutes acceptance of the modification.
4.4 Beta Features
Features designated as beta, preview, or experimental are provided for testing purposes only, without warranty or support commitment, and are subject to modification or discontinuation at any time.
4.5 Value Portability Only; No Transfer of Non-Currency Assets
The Platform enables portability of Virtual Currency value only. Unless separately agreed in writing, the Platform does not transfer, port, migrate, or otherwise move: gameplay progress or save data; skins, cosmetics, or visual customizations; in-game items, weapons, equipment, or inventory; entitlements, passes, or subscriptions; unlocks, ranks, levels, or achievements; player accounts or account data; licenses to games or downloadable content; platform-specific rights or entitlements; or any other non-currency digital asset.
4.6 Developer Control and Acceptance Rules
Subject to these Terms, the Platform Policies and applicable distribution platform policies, Developer controls through its Acceptance Rules which storefronts, game modes or item categories accept Virtual Currency, pricing and catalog configuration, whether acceptance is limited to Developer's own titles or open to the broader network, promotional rules, spending limits and purchase gating, regional and platform restrictions, and whether to suspend or disable acceptance for security, abuse prevention or technical reasons. Acceptance Rules do not limit INVO's rights under Section 6B or a Player's right to move a Player balance under Section 6B.7.
5. Financial Flows
5.1 General
The Platform processes various types of financial flows, including Virtual Currency purchases, internal transfers, item purchases, withdrawals, and Developer payouts. The specific procedures, timelines, and operational details for each flow type are set forth in the Platform Policies and may be modified by INVO from time to time.
5.2 Handling of Funds
Funds received in connection with Player Virtual Currency purchases are held through INVO's financial institution partners in segregated operating or custodial arrangements as determined by INVO and its financial partners, subject to applicable law. INVO determines the specific banking arrangements, account structure, and operational procedures in its sole discretion. Nothing in these Terms constitutes a representation that Virtual Currency or Player balances qualify as stored value, monetary value, or any other regulated financial product under applicable law; the proper regulatory characterization of any flow is determined by applicable law and INVO's regulatory positioning, which INVO may modify from time to time.
5.2.1 No Fiduciary Relationship; No Interest
Notwithstanding any handling of funds described in these Terms or the Platform Policies: (a) INVO is not acting as a trustee, fiduciary, escrow agent, or money transmitter with respect to Developer or Players, except to the extent specifically required by applicable law. When INVO makes a Payee Payout, INVO pays its own Payee, under its own payee relationship with that Payee, for content, goods or services the Payee provides through a Creator Program. Developer does not hold, receive or transmit the funds of a Payee Payout at any time, and INVO does not accept funds from Developer for transmission to a Payee. A Payee Payout reduces the amount INVO owes Developer, as set out in Section 5.6; (b) Developer shall not earn or accrue interest on any amounts held by INVO or its banking partners on Developer's behalf or on behalf of Players, including Held Funds and Reserves, and any interest or other return earned on those amounts belongs to INVO (Section 6B.13); (c) INVO may hold, allocate, or manage funds in accordance with applicable law, the Platform Policies, and the requirements of its financial institution partners; and (d) Developer's only entitlement is to receive properly accrued payouts in accordance with these Terms and the Platform Policies, less any applicable fees, set-offs, reserves, or holds, including those under Sections 6A and 6B.
5.3 Developer Payouts
Developer payouts are calculated by INVO based on Platform Transaction records and executed by INVO through its banking partners directly to Developer's designated bank account. INVO's payment processors are not involved in Developer payouts. Payout schedules, minimum thresholds, methods, and timing are set forth in the Platform Policies and may be modified by INVO from time to time. Every payout is subject to Sections 6A and 6B, and no payout is made while Developer's account is suspended or while a hold under Section 6B applies.
Payout fee. A Developer payout that INVO makes on its regular payout schedule carries no payout fee. INVO deducts a payout fee from each Developer payout that Developer requests outside that schedule and from each Payee Payout. The fee is a percentage of the payout amount, subject to a maximum amount per payout, at the rate shown in the fee schedule in the Developer dashboard or, where Developer has one, in a separate written agreement with INVO. Unless that fee schedule or agreement says otherwise, the fee is one percent (1%) of the payout amount, up to a maximum of five hundred U.S. dollars ($500) per payout. The payout schedule and the minimum payout amount are shown in the Developer dashboard. The payout fee on a Payee Payout is deducted from the amount paid to the Payee.
5.4 Settlement
Settlement of all financial flows is subject to clearance, fraud review, regulatory compliance, and the operational requirements of INVO and its banking partners. INVO does not guarantee specific settlement times, and INVO is not liable for delays caused by banking partners or payment processors.
5.5 Currency Conversion
Where currency conversion is required for Developer payouts or other financial flows, conversion will occur at rates and fees determined by INVO or its banking partners, subject to applicable foreign exchange markets.
5.6 Creator Programs and Payee Payouts
5.6.1 Registration. Developer may operate a Creator Program by registering each proposed Payee through the Platform with the Payee's name, email address, country, type (individual or business) and Developer's own reference for the Payee. INVO then contacts the Payee directly and collects the rest of the Payee Data from the Payee on INVO's own pages. INVO decides, in its sole discretion, whether to accept a person as a Payee, and may suspend or end a Payee relationship at any time, including where verification is incomplete, a sanctions or fraud check is not cleared, or applicable law requires it. Once accepted, a Payee is INVO's customer and INVO's payee, and INVO pays that Payee directly.
5.6.2 Verification. INVO verifies each Payee to the same standard it applies to developers before the first Payee Payout and at any time afterwards. Verification may include identity verification, business verification, sanctions and restricted-party screening, bank account verification, and collection of tax information. INVO may re-verify a Payee at any time, and may hold Payee Payouts until verification is complete.
5.6.3 Payout instructions. Developer may instruct INVO, through the Platform, to make a Payee Payout to an accepted Payee in a stated amount of United States dollars. An instruction may be given only by Developer's account owner in the Developer dashboard or by a request authenticated with one of Developer's Game secret keys, and every such request is Developer's instruction. Each instruction is Developer's direction that INVO apply that amount of the Developer Earnings Balance as INVO's payment to the Payee. From the moment INVO accepts an instruction, the instructed amount is no longer available to Developer for its own payouts or for any other instruction. The first instruction for a Payee whom Developer registered with a Game secret key takes effect only when Developer's account owner confirms it in the Developer dashboard. Developer may cancel an instruction until INVO approves it. INVO notifies Developer's account owner of each instruction. When INVO pays the Payee, INVO's obligation to Developer is reduced by the instructed amount.
5.6.4 Source of funds. Payee Payouts are made only from the Developer Earnings Balance. INVO will not make a Payee Payout from, and Developer may not instruct a Payee Payout to be funded by, any Player balance, Virtual Currency, or any amount INVO holds for Players. Developer may not use a Creator Program to allow a Player to convert Virtual Currency into money.
5.6.5 No negative balance. INVO will refuse an instruction that is larger than the Developer Earnings Balance available at the time of the instruction, after any amounts held, reserved or set off under these Terms and the Platform Policies (including Sections 6A and 6B). A Payee Payout will not create or increase a negative balance on Developer's account.
5.6.6 Returned payments. If a Payee's bank returns or rejects a Payee Payout, INVO will credit the amount INVO receives back, up to the amount that was paid to the Payee, to the Developer Earnings Balance. Any fee the bank charges for the return is deducted, and the payout fee is not refunded. INVO will notify Developer through the Platform and will contact the Payee about a new bank account.
5.6.7 Amounts INVO cannot pay. If INVO suspends a Payee, INVO declines every instruction for that Payee that has not begun to be paid, and each declined amount is released back to the Developer Earnings Balance at once. An amount Developer cancels is released the same way. INVO has no obligation to pay a Payee any amount Developer has not instructed. While Developer's account is suspended or its payouts are paused, INVO does not accept or pay any Payee Payout instruction, and any amount released back to the Developer Earnings Balance becomes Held Funds.
5.6.8 Developer's role. Developer decides who it registers for a Creator Program and what each Payee has earned through Developer's Game. INVO relies on Developer's instructions for the amount of each Payee Payout. Disputes between Developer and a Payee about what the Payee earned are between Developer and the Payee. Developer will not represent to a Payee that Developer holds or controls the Payee's funds.
5.6.9 Records and notices. INVO keeps a record of each Payee, each instruction and each Payee Payout, and makes the status of each Payee and each Payee Payout available to Developer through the Platform, including notices by webhook. INVO does not give Developer a Payee's identification documents, taxpayer identification number or bank account details.
5.6.10 Removing a Payee. Developer may remove a Payee from its Creator Program through the Platform when no Payee Payout to that Payee is in progress, and a Payee may ask INVO to end their Payee status. INVO then accepts no further instructions for that Payee. Removal is not a suspension, and Developer may register the same person again.
6. Fees and Payment
6.1 Platform Fees
Developer agrees to pay Platform fees as set forth in the Platform Policies and Developer dashboard, including transfer fees on Transactions between Games and card fees. Platform fees may be modified by INVO from time to time upon notice through the Platform or by such other means as INVO determines reasonable.
Card fees. INVO's fee on a Card Payment is charged to Developer and is never added to the price the Player pays. For a Player's card purchase of Virtual Currency, the fee is charged against Developer's earnings at the time of the purchase; for other Card Payments it is deducted from Developer's proceeds of the sale. The fee depends on Developer's Seller Tier and, where the card was issued outside the United States, includes an additional international card fee, in each case as set out in the fee schedule in the Developer dashboard. Card Payments may be subject to a minimum amount published in the Platform Policies. Card fees are not refunded when a Card Payment is refunded or charged back. These card fees do not apply to purchases made through a third-party storefront or payment rail.
6.2 Fee Authority
INVO may, in its sole discretion, establish, modify, or eliminate fees for any Platform feature, Transaction type, or service. Continued use of the Platform after fee changes take effect constitutes acceptance of the new fees. If Developer does not accept a fee change, its sole remedy is to stop using the Platform and terminate under Section 16.2.
6.3 Taxes
Fees are exclusive of any taxes, duties, or similar governmental charges. Developer is responsible for all taxes applicable to amounts paid to or received from Developer, except for taxes based on INVO's net income.
6.4 Fee Disputes
Disputes regarding Platform fees are Developer-Platform Disputes, governed by Section 7 below.
6.5 Set-Off
INVO may set off or deduct from any amounts payable to Developer, and from any amounts payable to Developer's Affiliates, any amounts owed by Developer to INVO, including without limitation Platform fees, chargeback adjustments (other than for Fraud Chargebacks covered by Section 6.6), dispute fees, refunds, and the other amounts listed in Section 6B.11, or any other amounts owed under these Terms. Section 6B.11 sets out INVO's full right of set-off and deduction.
6.6 Chargeback Guarantee and Dispute Fees
Card Payments on both Seller Tiers include fraud screening. On the Merchant of Record tier, if a Card Chargeback is raised on the ground that the Card Payment was fraudulent or not authorized by the cardholder (a "Fraud Chargeback"), INVO bears the loss: INVO will not reverse, withhold or hold Developer's share of that sale on account of the Fraud Chargeback, and will not charge Developer any dispute fee for it. On the Open tier, INVO is not the merchant of record, and this guarantee applies only to Card Payments made before October 21, 2026; for Card Payments made on the Open tier on or after that date, every Card Chargeback, including a Fraud Chargeback, is Developer's responsibility and is handled under Sections 6.5, 6A and 6B and the Platform Policies. Where the guarantee applies, it does not cover (a) Card Chargebacks raised on any other ground, including goods or services not received, not as described, duplicate processing, a canceled subscription or a credit not processed, which remain Developer's responsibility on both Seller Tiers and subject to Sections 6.5, 6A and 6B and the Platform Policies; (b) payments made through a third-party storefront or payment rail; or (c) purchases funded from an in-Platform balance. Which terms apply follows the Seller Tier and the date of the sale, not Developer's Seller Tier when the Card Chargeback arrives. INVO may suspend this guarantee for Developer, with notice, where INVO reasonably determines that Developer's account shows a pattern of abuse or collusion.
Dispute fees. On both Seller Tiers, for every Card Chargeback opened on or after October 21, 2026, whatever the date of the sale, the dispute fee charged by the card network or INVO's payment processor is passed through to Developer at cost, with no INVO administrative fee, except on a Card Chargeback covered by the guarantee in this Section 6.6. If Developer's response succeeds and the fee is returned to INVO, INVO credits it back to Developer. INVO's own card fees are not returned on a Card Chargeback.
Chargeback Rate. Every Card Chargeback counts toward Developer's Chargeback Rate under Section 6B, on both Seller Tiers, including a Fraud Chargeback covered by the guarantee. The guarantee allocates the cost of a Fraud Chargeback; it does not exclude it from the Chargeback Rate or limit INVO's rights under Section 6B. Nothing in Section 6B changes who bears the cost of a Card Chargeback under this Section 6.6.
6A. Reserves, Holds, and Risk Management
6A.1 Right to Establish Reserves
INVO may, in its sole discretion and at any time during the relationship (not only at suspension or termination), establish a Reserve against Developer's account, in any form described in Section 6B.10, in such amounts and for such periods as INVO determines appropriate to address actual or anticipated risk, including without limitation: (a) chargebacks, refunds, or payment disputes, including a Chargeback Rate at or above the Warning Level; (b) suspected fraud or unauthorized activity; (c) regulatory inquiries or compliance review; (d) negative balances or amounts owed by Developer or its Affiliates; (e) violations or suspected violations of these Terms or the Platform Policies; (f) bankruptcy, insolvency, or material change in Developer's financial condition; (g) a warning, request or requirement from a payment processor, payment network or financial institution partner; or (h) any other risk identified by INVO.
6A.2 Right to Delay or Withhold Payouts
INVO may delay, suspend, or withhold any Developer payout, in whole or in part, for any of the reasons set forth in Section 6A.1, under Section 6B, or as otherwise set forth in the Platform Policies. Except for Held Funds, which are released only under Section 6B.12, INVO will release any withheld amounts when, in INVO's reasonable determination, the underlying risk has been resolved, subject to any set-offs or deductions under these Terms.
6A.3 Reserve Amount and Duration
INVO may determine the amount and duration of any Reserve based on factors including transaction volume, chargeback history, the Chargeback Rate, dispute rates, industry risk profile, the requirements of INVO's payment processors and payment networks, and any other factors INVO deems relevant. Reserves may be funded from Developer's accrued payouts, future earnings, or both, and may be increased, decreased, or extended at INVO's discretion.
6A.4 Negative Balances
If Developer's account becomes negative as a result of chargebacks, refunds, fees, set-offs, or otherwise, Developer agrees to pay the negative balance promptly upon demand. INVO may apply future earnings against any negative balance, may set off against any other amounts payable to Developer or its Affiliates, may debit Developer's bank account under the ACH Debit Authorization, and may pursue collection by any lawful means, as set out in Section 6B.14.
6A.5 No Liability for Reserves or Holds
Section 6B.20 applies to the establishment of Reserves, the delay or withholding of payouts, holds, and the management of negative balances.
6A.6 No Interest
No interest is paid on Reserves, Held Funds or any other amount INVO withholds. Section 6B.13 applies.
6B. Chargebacks, Suspension, Termination and Fund Holds
6B.1 Definitions
These definitions apply in these Terms and in every Platform Policy that uses them.
"Affiliate" means, for any account, every other account with INVO (including any developer, platform-owner or payee account, in production or in any test environment linked to it) that: (a) has an owner, beneficial owner, officer or director in common with that account; (b) shares a taxpayer identification number, identity verification details, or a bank account with that account; (c) controls, is controlled by, or is under common control with that account or its owner; or (d) INVO reasonably determines is operated by or for the same persons.
"Appeal Window" means the 14 days after the Termination Date.
"Chargeback Rate" means, for Developer's account and for each payment rail, the number of Disputes opened on that payment rail during a rolling 30-day period divided by the number of charges completed on that payment rail during the same period (for card payments, the number of Card Payments completed), across all of Developer's Games and both Seller Tiers. INVO calculates the Chargeback Rate from INVO's own records using INVO's method, and INVO's records and calculation control in the absence of manifest error. INVO decides which events count as Disputes and charges (for example, INVO currently excludes inquiries on which no money has moved), and may change the method, the period or the levels at any time without notice.
"Cutoff Rate" means a Chargeback Rate set by INVO, currently 0.6%. "Warning Level" means a Chargeback Rate set by INVO, currently 0.5%. "Watch Level" means a Chargeback Rate set by INVO, currently 0.4%. INVO may change any of these rates at any time without notice. Current levels are published in INVO's developer documentation or the Developer dashboard.
"Dispute" means a Card Chargeback, or any other payment dispute, chargeback, reversal or return raised through a payment network, card issuer, bank or third-party storefront or payment rail on a payment for any of Developer's Games.
"Do-Not-Onboard List" means INVO's internal list of persons, entities, accounts and identifying details (including email addresses, email domains, taxpayer identification numbers, identity verification details and bank accounts) with whom INVO will not open an account, do business or make payouts.
"Held Funds" means every amount INVO owes or may come to owe Developer, held under this Section 6B, including the Developer Earnings Balance, pending and future payouts, Reserves, amounts released from declined Payee Payout instructions, and any amount INVO receives for Developer after the Termination Date. Held Funds never include any Player balance or Virtual Currency (Section 6B.7).
"Hold Period" means the period that starts on the Termination Date and ends 180 days after the later of (a) the Termination Date and (b) the Last Charge Date, as extended under Section 6B.9.
"Last Charge Date" means the date of the last payment completed for any of Developer's Games on any payment rail, including any subscription renewal. A Player's transfer of an existing balance is not a payment for this purpose.
"Reserve" means an amount of Developer's earnings or Developer Earnings Balance that INVO withholds from payout, in any form described in Section 6B.10.
"Termination Date" means the date INVO suspends Developer's account under Section 6B.3 or 6B.4 with a notice under Section 6B.5, or, for a termination not preceded by such a suspension (including a termination by Developer under Section 16.2), the date the termination takes effect.
6B.2 Chargeback Monitoring
INVO monitors the Chargeback Rate of every developer account continuously. INVO may, but is not required to, alert Developer when its Chargeback Rate reaches the Watch Level or the Warning Level, and may show the current rate in the Developer dashboard. Whether or not INVO sends an alert, when Developer's Chargeback Rate on any payment rail reaches the Warning Level, INVO may apply a Reserve automatically under Section 6B.10, and INVO may review Developer's Merchant of Record approval. INVO has no obligation to warn Developer before acting under Section 6B.3 or 6B.4, and no obligation to give Developer an opportunity to cure.
6B.3 Automatic Suspension at the Cutoff Rate
When Developer's Chargeback Rate on any payment rail reaches the Cutoff Rate, INVO's systems may suspend Developer's account automatically, immediately and without prior notice. INVO may apply minimum numbers of Disputes or charges before suspending automatically; INVO may change those minimums at any time without notice, and they do not limit Section 6B.4. From the moment of suspension under this Section 6B.3 or Section 6B.4:
(a) all payouts to Developer stop, and all Held Funds are held under Section 6B.9;
(b) all new payments in Developer's Games stop, and subscription renewals are held and not charged (Section 6B.8);
(c) INVO does not accept or pay any Payee Payout instruction;
(d) Developer's sign-in sessions and API Keys may be disabled; and
(e) Player balances are not affected (Section 6B.7).
Unless Developer files an appeal within the Appeal Window under Section 6B.6, the termination of Developer's account becomes final automatically at the end of the Appeal Window, without further notice beyond the notice under Section 6B.5.
6B.4 Suspension and Termination at INVO's Discretion
INVO may also suspend or terminate Developer's account, immediately and without prior notice or any opportunity to cure, at any Chargeback Rate, including below the Cutoff Rate or the Warning Level, for excessive Disputes or refunds, fraud risk, a warning, inquiry, fine or request from a payment processor, payment network or financial institution partner, the suspension or termination of an Affiliate, a match against the Do-Not-Onboard List, any ground in Section 16.3, or any other risk INVO identifies in its sole discretion. A suspension under this Section 6B.4 has the effects in Section 6B.3 (a) to (e). Where INVO's notice under Section 6B.5 offers an appeal, Section 6B.6 applies, and the termination becomes final at the end of the Appeal Window unless Developer appeals.
6B.5 Notice
When INVO suspends Developer's account under Section 6B.3 or 6B.4, INVO sends an automatic notice to the Account Email. The notice states that the account was closed for exceeding risk thresholds under these Terms, or for another reason under these Terms, and does not give detailed reasoning. It states the end of the Appeal Window, how to appeal, and the date on which the Hold Period is currently expected to end. INVO is not required to disclose its risk models, the data behind its decision, or any information a payment processor, payment network, financial institution or authority has asked INVO to keep confidential. A notice under these Terms is effective when sent to the Account Email, whether or not Developer reads or receives it.
6B.6 Appeal
Developer may file one written appeal per termination, only through the link in the notice and only within the Appeal Window. An appeal must state why Developer believes the account should be reinstated and may include supporting information. INVO decides an appeal in its sole discretion, is not obliged to reinstate Developer, and is not obliged to give reasons. While an appeal is pending the suspension, the payout freeze and the hold continue. INVO's decision is final and is not a Developer-Platform Dispute.
(a) If INVO reinstates Developer, INVO lifts the suspension and the termination hold, and places Developer's account on a rolling Reserve, currently 10% of Developer's earnings with each amount held for 90 days, and may impose any other condition under Section 6A.
(b) If INVO denies the appeal, or if no appeal is filed within the Appeal Window, the termination is final on the date of the denial or at the end of the Appeal Window, and Developer, its owners and its Affiliates may be added to the Do-Not-Onboard List under Section 6B.19.
6B.7 Players Are Not Affected
Player balances and Virtual Currency are held for Players. They are not Developer's property, are not Held Funds, and are never held, frozen, set off or deducted because of Developer's suspension, termination, Chargeback Rate or debts. Players keep their balances and may continue to view them and to move them to other Games through the Platform, as the Platform and the Player Terms of Service allow. INVO may continue to provide the Platform to Players for these purposes, including within or out of Developer's Games, after Developer's suspension or termination. Developer will not take any action to prevent a Player from using or moving a Player balance, and will not tell Players that their balances are affected by Developer's suspension or termination. This Section 6B.7 does not limit INVO's rights against an individual Player under the Player Terms of Service.
6B.8 Open Sales and Subscriptions
On suspension, all payment processing for Developer's Games stops, including new purchases and recurring charges; subscription renewals are held and are not charged while the suspension lasts. When termination becomes final, INVO cancels every live subscription in Developer's Games. Developer remains responsible for its customers, including refunding any customer who paid for an item, service or subscription period that Developer has not delivered or will not deliver. INVO may, at its discretion and without any obligation to do so, issue refunds to Players or subscribers from Held Funds where INVO believes doing so reduces the risk of Disputes or is required by law or by a payment network, and every such refund (with its card fee and any related cost) is deducted from Held Funds under Section 6B.11. On the Merchant of Record tier, where INVO is the seller to the Player, INVO handles refund requests under the Refund and Dispute Policy and applicable consumer protection law, and Developer bears the cost under these Terms.
6B.9 Post-Termination Fund Hold
On suspension under Section 6B.3 or 6B.4, and on any termination of these Terms by either party, INVO may hold all Held Funds for the Hold Period: 180 days from the later of the Termination Date and the Last Charge Date. INVO may extend the Hold Period, as many times and for as long as INVO decides, while any Dispute, refund request, investigation, payment network or processor review, fine or assessment, tax matter, or legal or regulatory hold relating to Developer or its Affiliates remains open, or while INVO reasonably believes further exposure exists. The hold applies on both Seller Tiers and is in addition to any Reserve, dispute hold or Merchant of Record reserve. The hold continues while an appeal is pending, and ends early only if INVO reinstates Developer under Section 6B.6 or decides, in its sole discretion, to release funds earlier. INVO will tell Developer the current expected end of the Hold Period on request to the contact named in the notice.
6B.10 Reserves at Any Time
At any time during the relationship, and not only at suspension or termination, INVO may require a Reserve in any of these forms, alone or combined: (a) a rolling Reserve, a percentage of Developer's earnings, each amount held for a period INVO sets; (b) a fixed Reserve, a set amount held until INVO releases it; or (c) a full Reserve, the whole of the Developer Earnings Balance. A Reserve applies on either Seller Tier, may cover amounts already earned as well as future earnings, and may be increased, extended or released at INVO's discretion. INVO currently applies a rolling Reserve automatically when Developer's Chargeback Rate reaches the Warning Level, currently 10% of Developer's earnings with each amount held for 90 days, extended for as long as the Chargeback Rate stays at or above the Warning Level. INVO may change those terms at any time without notice.
6B.11 Set-Off and Deductions
INVO may deduct from Held Funds, from any Reserve, and from any other amount INVO owes Developer: chargebacks and Disputes; refunds, including refunds INVO issues under Section 6B.8; reversals; the value of Virtual Currency a Player had spent before a Dispute on its purchase was lost; dispute fees; card network and payment network fines, assessments and penalties; payment processor fees and penalties; taxes INVO must collect, withhold or pay; INVO's fees; and INVO's costs, including collection costs and reasonable attorneys' fees. INVO may set off any amount Developer or any of its Affiliates owes INVO against any amount INVO owes Developer or any of its Affiliates, across all of their accounts with INVO, and each Affiliate's acceptance of these Terms authorizes this. This Section 6B.11 does not change who bears the cost of a Card Chargeback under Section 6.6.
6B.12 Release of Remaining Funds
Held Funds are not released automatically at the end of the Hold Period. INVO reviews the account before any release and releases Held Funds only when: (a) no Dispute, refund request, investigation, review or legal hold on Developer's account or its Affiliates' accounts remains open; (b) Developer has completed any identity re-verification INVO requests; (c) Developer and its owners have passed a current sanctions screening; (d) INVO has verified a bank account in Developer's name; and (e) Developer has provided any tax documentation INVO requires. INVO then pays the remaining balance, less all deductions under Section 6B.11, in one payout to the verified bank account on file. If a condition is not met, the Held Funds remain held, and if a Dispute remains open the Hold Period is extended under Section 6B.9. If Developer does not complete verification, Section 6B.17 applies.
6B.13 No Interest
INVO pays no interest on Held Funds, Reserves or any amount it holds or withholds under these Terms. Any interest or other return earned on those amounts belongs to INVO.
6B.14 Continuing Liability and Shortfalls
Developer remains liable for all amounts owed under these Terms that exceed Held Funds, including chargebacks, Disputes, refunds, fines and other amounts that arise or are reported after the Hold Period ends or after Held Funds are released. Developer must pay any shortfall on demand. INVO may recover a shortfall in any order and by any lawful means, which currently means: (a) a debit to Developer's bank account under the ACH Debit Authorization; (b) a written demand; and (c) referral to a collection agency or legal action. Developer must pay INVO's costs of collection, including collection agency fees and reasonable attorneys' fees, to the extent permitted by law. INVO may write off a balance at its discretion; a write-off is an internal accounting decision and does not release Developer unless INVO says so in writing. This Section 6B.14 survives termination.
6B.15 ACH Debit Authorization
When Developer adds or confirms a bank account for payouts, Developer accepts the ACH Debit Authorization then presented by INVO (currently version 2026-10-26), which authorizes INVO to debit that bank account by ACH for amounts Developer owes under these Terms. The ACH Debit Authorization forms part of these Terms. It continues after termination until all amounts Developer owes are paid. Developer may revoke it as the ACH Debit Authorization describes, but revocation does not cancel or reduce any amount owed, and INVO may then require a Reserve or another means of payment, or suspend payouts.
6B.16 Legal and Regulatory Holds
INVO may freeze, hold, or remit any funds, including Held Funds, as required or requested by a court order, subpoena, levy, garnishment, tax authority, law enforcement request, regulator, or sanctions law, and may extend the Hold Period for as long as that requirement or request remains in effect. INVO is not liable to Developer for complying with any such order, request or law, and any amount INVO remits reduces what INVO owes Developer.
6B.17 Unclaimed Funds
If INVO cannot release Held Funds because Developer does not complete verification, cannot be reached at the Account Email, or does not provide a bank account INVO can pay, INVO continues to hold the funds and handles them in accordance with applicable unclaimed property laws, which may require INVO to report them and deliver them to a state or other authority. Nothing in these Terms overrides those laws.
6B.18 Information Sharing
INVO may share information about Developer, its owners, its Affiliates, its accounts, its Transactions and its Disputes, including the reasons for a suspension or termination, with INVO's payment processors, the payment networks, banks and financial institution partners, fraud-prevention and industry databases, credit reporting agencies, and law enforcement and regulators, where INVO considers it appropriate and applicable law permits. This sharing is permitted by Section 18.11. INVO does not promise that any particular listing or report will or will not be made.
6B.19 Do-Not-Onboard List
INVO may add to the Do-Not-Onboard List Developer, its owners, its Affiliates and their identifying details when a termination becomes final, when an appeal is denied, or for any other reason INVO considers appropriate. INVO may refuse to open an account for, or do business with, any person or entity that matches the Do-Not-Onboard List, and may suspend payouts on or suspend any account that matches it. Developer and its owners will not open or use another account, or act through another person, to avoid a suspension, termination, hold or the Do-Not-Onboard List. An account opened or used to do so is in breach of these Terms, may be terminated, and its funds are Held Funds under this Section 6B.
6B.20 No Liability for Suspension, Termination or Holds
To the maximum extent permitted by law, INVO is not liable to Developer or any third party for any loss, damage, cost or claim arising from a suspension, termination, payout freeze, Reserve, hold, extension, set-off, deduction, refund INVO issues under Section 6B.8, information sharing under Section 6B.18, or listing under Section 6B.19, including lost profits, lost sales, or harm to reputation or business relationships. This Section does not limit INVO's obligation to release Held Funds under Section 6B.12, or any liability that applicable law does not allow to be limited.
6B.21 Acknowledgment of the 180-Day Hold
DEVELOPER ACKNOWLEDGES AND AGREES THAT: (A) INVO MAY SUSPEND DEVELOPER'S ACCOUNT AUTOMATICALLY AND WITHOUT PRIOR NOTICE WHEN ITS CHARGEBACK RATE REACHES THE CUTOFF RATE, AND MAY SUSPEND OR TERMINATE IT AT ANY CHARGEBACK RATE UNDER SECTION 6B.4; (B) ON SUSPENSION OR TERMINATION INVO MAY HOLD ALL OF DEVELOPER'S FUNDS FOR 180 DAYS FROM THE LATER OF THE TERMINATION DATE AND THE LAST CHARGE DATE, AND FOR LONGER WHILE DISPUTES, INVESTIGATIONS, NETWORK REVIEWS OR LEGAL HOLDS REMAIN OPEN OR WHILE INVO REASONABLY BELIEVES EXPOSURE REMAINS; (C) NO INTEREST IS PAID ON HELD FUNDS; (D) INVO MAY DEDUCT FROM HELD FUNDS THE AMOUNTS IN SECTION 6B.11 AND RELEASES ANY REMAINDER ONLY AFTER A MANUAL REVIEW; AND (E) DEVELOPER REMAINS LIABLE FOR ANY SHORTFALL, WHICH INVO MAY DEBIT FROM DEVELOPER'S BANK ACCOUNT. DEVELOPER HAS READ THIS SECTION 6B AND AGREES TO IT.
6B.22 Applicable Law
Nothing in this Section 6B limits any right of a Player or any other consumer that cannot be waived under applicable consumer protection law, or overrides applicable unclaimed property law. If applicable law requires a shorter hold, a different release, or a notice that this Section does not give, INVO will comply with that law, and this Section applies in all other respects.
7. Developer-Platform Disputes
7.1 Scope
This Section governs disputes between Developer and INVO regarding Platform-side matters, including Platform fees, internal Transaction reversals, fee calculations, payout amounts, and Platform-side errors. These disputes are separate and distinct from Card Chargebacks. Suspensions, terminations, appeals, holds and Reserves under Section 6B are not Developer-Platform Disputes; a dispute about the calculation of a deduction from Held Funds is.
7.2 Submission
Developer may submit Developer-Platform Disputes through the channels and processes set forth in the Platform Policies. Disputes must be submitted with reasonable supporting documentation.
7.3 Resolution
INVO will review and resolve Developer-Platform Disputes in good faith, consistent with the Platform Policies and applicable law. INVO's determination of Developer-Platform Disputes is final, subject to Developer's right to escalate per Section 17 (Dispute Resolution).
7.4 Card Chargebacks
Card Chargebacks are handled under Section 2.3(a), Section 6.6, Section 6B and the Platform Policies, not as Developer-Platform Disputes. Developer may provide information to support INVO's response to a Card Chargeback through the Developer dashboard. The outcome of a Card Chargeback is determined under the card network rules.
7.5 Adjustments
Where INVO determines an adjustment is appropriate, INVO may apply credits, debits, refunds, or set-offs to Developer's account or future payouts. INVO is not obligated to issue separate refund payments where set-offs are commercially reasonable.
7.6 Time Limits
Developer must submit Developer-Platform Disputes within the time limits set forth in the Platform Policies. Disputes submitted after applicable time limits may be denied at INVO's discretion.
8. Developer Obligations
8.1 Compliance with Platform Policies
Developer agrees to comply with these Terms and all Platform Policies, as updated from time to time. The Platform Policies form an integral part of the agreement between INVO and Developer.
8.2 Accurate Information
Developer warrants that all information provided to INVO is accurate, current, and complete, and agrees to update such information promptly upon any material change, including any change to the Account Email, its bank account, its owners, or its taxpayer identification number.
8.3 Virtual Currency Compliance
Developer warrants that its Virtual Currency: (a) does not constitute a security, commodity, or other regulated financial instrument; (b) is not cryptocurrency or any blockchain-based asset; (c) is not marketed as an investment vehicle; (d) is intended solely for use within the Game ecosystem; and (e) complies with all applicable laws.
8.4 Acceptable Use
Developer agrees to comply with the Acceptable Use Policy and all other Platform Policies. Without limiting the foregoing, Developer shall not use the Platform for any unlawful purpose, including money laundering, sanctions evasion, fraud, unlicensed gambling, or violation of third-party rights.
8.5 Player Support
Developer is responsible for Player support relating to Developer's Game, content, gameplay, in-game items, and Developer-controlled Virtual Currency configuration. INVO or its designated service providers are responsible for support relating to Platform account issues, Platform Transactions, payment processing, Player chargebacks, and other Platform-controlled matters, as further described in the Platform Policies. Developer shall direct Players to the appropriate support channel based on the nature of the Player's issue, and shall not represent itself as having authority over Platform-controlled matters.
8.5.1 Content Moderation and Game Compliance
Developer is solely responsible for content moderation within its Game and for compliance with all applicable consumer protection, advertising, gaming, age-rating, and platform-distribution laws in jurisdictions where Developer's Game is offered.
8.5.2 Distribution Platform Compliance
Developer is solely responsible for ensuring that its Games comply with the policies of every app store, console, PC storefront, marketplace or other distribution platform through which they are offered. INVO does not guarantee that the Platform is compatible with any distribution platform's policies, and Developer assumes all risk related to distribution platform compliance.
8.6 Tax Cooperation
Developer agrees to provide all required tax forms and information to INVO as needed for Developer payouts and tax reporting. Developer is solely responsible for its own tax obligations. For Payees, INVO collects tax information directly from each Payee, and INVO issues to each Payee the year-end information returns that applicable law requires for the Payee Payouts INVO makes. Payee Payouts are not reported as payments to Developer.
8.7 API Key Security
Developer must store API Keys securely and not embed them in client-side code, public repositories, or any location where they could be exposed.
8.8 Faithful Implementation
Developer agrees to implement Platform integrations in accordance with INVO's documentation and Platform Policies, including all consent, verification, and security mechanisms, to maintain compatibility with current versions of the Platform, and to test its integration before deploying to production. Developer shall not bypass, circumvent, or interfere with any Platform mechanism, or any other developer's Acceptance Rules.
8.9 Sanctions, KYC, and Beneficial Ownership
Developer represents, warrants, and covenants on a continuing basis that:
- Developer, its parent entities, subsidiaries, affiliates, officers, directors, and beneficial owners are not the subject of any economic or trade sanctions administered or enforced by the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC), the U.S. Department of State, the United Nations Security Council, the European Union, His Majesty's Treasury (UK), or any other applicable sanctions authority
- Developer is not located, organized, or resident in any country or territory subject to comprehensive sanctions
- Developer's payout accounts and banking arrangements are not maintained by, on behalf of, or for the benefit of any sanctioned person or entity
- Developer is not, and is not affiliated with, any person or entity on any restricted-party list maintained by any government authority
- Developer's use of the Platform is not in connection with any prohibited or restricted activity
- Developer will provide such information, documentation, and certifications as INVO may reasonably request to verify compliance with this Section
Developer agrees to notify INVO immediately of any change in circumstances that would cause any of the foregoing representations to become inaccurate. INVO may suspend or terminate Developer's access to the Platform immediately upon any actual or suspected breach of this Section, and Section 6B applies. Developer further represents, warrants and covenants, on a continuing basis, that it will not knowingly register as a Payee, or instruct a Payee Payout to, any person described in the first four bullets of this Section, and that it will notify INVO immediately if it learns that a Payee is or has become such a person. INVO screens every Payee independently, and INVO's screening does not relieve Developer of this obligation.
8.10 Creator Program Obligations
8.10.1 Authority and lawful basis. Developer represents and warrants, for each Payee it registers, that it has the right and a lawful basis under applicable privacy law to disclose the Payee's registration details to INVO so that INVO can contact, verify and pay the Payee.
8.10.2 Accuracy. Developer will submit registration details that are accurate, current and complete to the best of Developer's knowledge. Developer will not enter information or upload documents on a Payee's behalf on INVO's Payee pages, and will not ask a Payee to send Developer documents for INVO.
8.10.3 Notice. Before registering a Payee, Developer will tell the Payee that Invo Tech, Inc. will contact them to verify their identity, tax and bank details and to pay them. INVO presents the Payee Terms and the Privacy Policy to each Payee directly and obtains the Payee's acceptance.
8.10.4 INVO's direct relationship. INVO communicates with each Payee directly under INVO's own name and may name Developer as the company whose Creator Program the Payee joined. Developer may describe its Creator Program under its own brand, but will not tell a Payee that Developer verifies the Payee or holds the Payee's funds. INVO will not identify a Payee publicly. Developer's own terms with a Payee must not conflict with the Payee Terms.
8.10.5 Cooperation. Developer will direct Payees to INVO's pages and messages for verification and payment questions, and will cooperate with INVO's verification and re-verification of Payees.
8.10.6 Data-rights requests. If a Payee asks Developer to access, correct, delete or otherwise exercise privacy rights over Payee Data, Developer will forward the request to INVO within five (5) business days. INVO will respond to the Payee in accordance with the Privacy Policy and applicable law. INVO may keep Payee Data that applicable law requires it to keep.
8.10.7 Security. Developer will protect Payee Data in its possession with security measures no less protective than those it applies to its own confidential financial information, and will transmit Payee Data to INVO only through the Platform.
8.10.8 Indemnity. Section 15.1 applies to any claim arising from Developer's breach of this Section 8.10, including a claim by a Payee that Developer disclosed Payee Data without a lawful basis.
8.11 Player Disclosures
Developer must give Players clear and accurate disclosures of: (a) the fact that Virtual Currency may be used and moved across participating Games; (b) any limits on use, refunds or transferability that Developer sets; (c) Developer's privacy practices related to the integration; and (d) any other disclosure required by applicable law or distribution platform policies. Developer's disclosures must not contradict the Player Terms of Service, the Refund and Dispute Policy or Section 6B.7.
8.12 Fraud Prevention
Developer will implement reasonable fraud prevention measures in its Games, will respond to INVO's requests for information about Disputes promptly, and will notify INVO promptly of any suspected fraud, abuse, or security issue affecting its integration or Transactions.
9. Prohibited Uses
9.1 General Prohibitions
Developer shall not use the Platform for any purpose that violates applicable law, these Terms, or the Platform Policies. Without limiting the foregoing, Developer shall not use the Platform in connection with:
- Money laundering, terrorist financing, or sanctions evasion
- Operations involving sanctioned persons or jurisdictions
- Fraudulent activity or deception of Players or third parties, including wash trading, artificial volume generation, exploitative botting, or transactions designed to lower or disguise a Chargeback Rate
- Unlicensed gambling or games of chance
- Violation of intellectual property, privacy, or other third-party rights
- Cryptocurrency, blockchain, NFT, or decentralized digital asset transactions
- Games primarily designed to manipulate or exploit the INVO economy
- Any activity that could harm INVO, other developers, or Players
- Any other use prohibited by the Platform Policies or applicable law
9.2 Platform Integrity
Developer shall not: (a) reverse engineer, decompile, or disassemble the Platform except to the extent applicable law permits despite this restriction; (b) interfere with or disrupt the integrity or performance of the Platform; (c) attempt unauthorized access to the Platform or related systems; (d) sublicense, sell, resell, transfer, or distribute the Platform or any part of it; (e) modify, copy, or create derivative works of the Platform except as necessary for integration; (f) access the Platform to build a competitive product or service; (g) use any robot, spider, scraper, or other automated means to access the Platform beyond normal API usage; or (h) remove, alter, or obscure any proprietary notice.
9.3 Suspension
INVO may immediately suspend Developer's access to the Platform for any actual or suspected violation of this Section, in INVO's sole discretion, and Section 6B applies to the suspension.
10. Data and Privacy
10.1 Privacy Policy
INVO's collection, use, and disclosure of personal information is governed by INVO's Privacy Policy, which is incorporated by reference into these Terms.
10.2 Developer Privacy Obligations
Developer is responsible for obtaining all necessary consents from Players, complying with applicable privacy laws (including GDPR, CCPA, COPPA, and other applicable regulations), maintaining appropriate data security, and providing accurate privacy disclosures to Players. Developer's obligations to Payees are set out in Section 8.10. INVO's own handling of Payee Data is described in the Privacy Policy.
10.3 Data Processing
Where applicable privacy law requires a data processing agreement, INVO's Data Processing Addendum applies to the personal data INVO processes on Developer's behalf. It forms part of these Terms and needs no signature.
10.4 Security Incidents
Developer agrees to notify INVO within 48 hours of becoming aware of any security incident that may affect the Platform, Player data, Transactions, or Developer's API Keys, and to cooperate fully in any investigation or remediation.
11. Intellectual Property
11.1 INVO Property
INVO and its licensors own all right, title, and interest in and to the Platform and all intellectual property rights therein, including all software, algorithms, designs, documentation, and trade secrets. No rights are granted to Developer except as expressly set forth in these Terms.
11.2 Platform License
Subject to compliance with these Terms, INVO grants Developer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform, integrate it into Developer's Games, and use INVO's documentation, solely for the purposes contemplated by these Terms. The license ends automatically on suspension (for as long as the suspension lasts) and on termination.
11.3 Developer Property
Developer retains all rights in its Games and Game content. Nothing in these Terms transfers Developer's intellectual property to INVO, except as expressly stated herein.
11.4 Trademarks
Neither party may use the other's trademarks without prior written consent, except that INVO may identify Developer and its Games, including by name and logo, as a Platform participant in marketing materials, customer lists, case studies, and similar communications, unless Developer opts out by written notice to INVO. If INVO provides brand guidelines or approved assets, Developer must follow them. Where INVO and Developer have executed a separate commercial agreement, the trademark and publicity provisions of that agreement shall control to the extent of any conflict. INVO may name Developer to Payees as described in Section 8.10.4.
11.5 Feedback
If Developer provides feedback, suggestions, or improvement ideas regarding the Platform, Developer grants INVO a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, incorporate, and otherwise exploit them in any manner without restriction, obligation or compensation.
12. Third-Party Services
12.1 INVO's Third Parties
The Platform depends on various third-party services, including banking partners, payment processors, communications providers, cloud infrastructure providers, and others. INVO may select, change, or substitute any third-party provider at its discretion. INVO is not liable for the acts, omissions, or services of any third-party provider.
12.2 Developer's Third Parties
Developer is solely responsible for any third-party services it uses in connection with its Games or its integration with the Platform.
13. Disclaimers
13.1 AS-IS
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. INVO DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13.2 No Performance Guarantees
INVO DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) DEFECTS WILL BE CORRECTED; (C) THE PLATFORM WILL MEET DEVELOPER'S REQUIREMENTS; (D) THE PLATFORM WILL BE COMPATIBLE WITH ANY SPECIFIC PLATFORM, APP STORE, OR DISTRIBUTION CHANNEL POLICIES; OR (E) ANY PARTICULAR LEVEL OF REVENUE, TRANSACTION VOLUME, OR BUSINESS RESULTS WILL BE ACHIEVED. INVO DISCLAIMS ALL LIABILITY FOR ANY DELAYS, INTERRUPTIONS, OR ERRORS IN THE PLATFORM.
13.3 No Professional Advice
Nothing on the Platform constitutes legal, financial, tax, regulatory, or other professional advice. Developer is responsible for obtaining its own professional advice.
13.4 Beta Features
BETA, PREVIEW, OR EXPERIMENTAL FEATURES ARE PROVIDED WITHOUT WARRANTY, SUPPORT, OR PERFORMANCE GUARANTEE. USE AT DEVELOPER'S SOLE RISK.
14. Limitation of Liability
14.1 No Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INVO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF INVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Liability Cap
EXCEPT AS OTHERWISE AGREED IN A SIGNED COMMERCIAL AGREEMENT BETWEEN INVO AND DEVELOPER, INVO'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY DEVELOPER TO INVO (INCLUDING FEES INVO DEDUCTED FROM AMOUNTS PAYABLE TO DEVELOPER) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100). Where INVO and Developer have executed a separate commercial agreement, the liability provisions of that agreement shall control to the extent of any conflict.
14.3 Exceptions
The limitations in this Section do not apply to: (a) Developer's indemnification obligations; (b) Developer's breach of confidentiality or license; (c) Developer's gross negligence, fraud, or willful misconduct; (d) Developer's obligations to pay amounts owed under these Terms, including under Section 6B.14; or (e) any liability that cannot be limited under applicable law.
14.4 Allocation of Risk
Developer acknowledges that the limitations in this Section are an essential element of the bargain between the parties.
14.5 Amounts Payable to Developer
The cap in Section 14.2 limits INVO's liability for damages. It does not reduce INVO's obligation to pay Developer the Held Funds and other amounts properly payable to Developer under these Terms, after all deductions, set-offs, Reserves and holds, when they become payable under these Terms.
15. Indemnification
15.1 Developer Indemnification
Developer shall indemnify, defend, and hold harmless INVO and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:
- Developer's Games, content, or operations
- Developer's breach of these Terms or applicable law
- Developer's violation of third-party rights
- Player disputes regarding Developer's Game, including claims by Players or subscribers for refunds Developer owes under Section 6B.8
- Developer's Virtual Currency configuration or marketing
- Developer's Player disclosures, or failure to give them
- Developer's failure to comply with distribution platform policies
- Developer's tax obligations
- Fines, assessments or penalties imposed on INVO by a payment processor or payment network that are attributable to Developer's Disputes or conduct
15.2 Process
Developer shall control the defense of any indemnified claim, provided that Developer shall not settle any claim that imposes liability or admits fault on INVO without INVO's prior written consent. INVO may participate in the defense at its own expense.
16. Term and Termination
16.1 Term
These Terms become effective when Developer accepts them and continue until terminated.
16.2 Termination by Developer
Developer may terminate these Terms at any time by ceasing all use of the Platform and providing written notice to INVO (email to the address in Section 20 is acceptable). Termination by Developer takes effect when INVO receives the notice. Sections 6B.8, 6B.9 and 6B.11 to 6B.17 apply to a termination by Developer, and INVO may hold Held Funds for the Hold Period.
16.3 Termination by INVO
INVO may terminate or suspend Developer's access to the Platform as follows:
- For Cause (Immediate, Without Notice): INVO may terminate or suspend immediately, without prior notice and without any opportunity to cure, in cases of: a Chargeback Rate at or above the Cutoff Rate (Section 6B.3); excessive Disputes or refunds at any Chargeback Rate; actual or suspected fraud; a warning, inquiry, fine or request from a payment processor, payment network or financial institution partner; security threats; legal or regulatory risk; violation of these Terms or the Platform Policies; non-payment; sanctions exposure; insolvency or bankruptcy of Developer; the suspension or termination of an Affiliate; a match against the Do-Not-Onboard List; or any other circumstance that, in INVO's judgment, requires immediate action to protect INVO, Players, or third parties. Section 6B applies to every suspension and termination under this bullet.
- For Convenience: INVO may terminate without cause upon notice through the Developer dashboard, the Account Email or other reasonable means. Where INVO and Developer have executed a separate commercial agreement, the notice and wind-down provisions of that agreement shall control to the extent of any conflict.
- Inactivity: INVO may terminate Developer accounts that have been inactive for an extended period as set forth in the Platform Policies.
16.4 Effect of Termination
Upon termination: (a) all licenses granted to Developer terminate immediately; (b) Developer must cease all use of the Platform and delete any INVO software, SDK credentials and API Keys in its possession; (c) each party must return or destroy the other's Confidential Information upon request, except as Section 6B.18 or applicable law permits INVO to keep or share it; (d) INVO may hold all Held Funds for the Hold Period and releases any remainder only under Section 6B.12, and INVO has no obligation to pay any amount within any fixed period after termination; (e) INVO cancels every live subscription in Developer's Games under Section 6B.8; (f) Player balances are not affected (Section 6B.7); and (g) any fees or amounts Developer owes become immediately due and remain payable, including under Section 6B.14.
16.5 Survival
The following survive termination: Sections 1 (Definitions), 5.2.1 (No Fiduciary Relationship; No Interest), 5.6 (for instructions and Payee Payouts in progress), 6 (Fees and Payment, for accrued amounts), 6A (Reserves, Holds, and Risk Management), 6B (Chargebacks, Suspension, Termination and Fund Holds) including the ACH Debit Authorization until all amounts owed are paid, 7 (for pending matters), 10 (Data and Privacy), 11 (Intellectual Property, except the license in Section 11.2), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 17 (Dispute Resolution), 18 (General Provisions), 19 (Inactive Player Balances), and any other Section that by its nature should survive.
17. Dispute Resolution
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws principles.
17.2 Venue
Any legal action arising from or relating to these Terms shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida. Each party consents to personal jurisdiction in such courts and waives any objection to venue.
17.3 Informal Resolution
Before initiating formal proceedings, the parties agree to attempt good-faith informal resolution by providing written notice to the other party describing the dispute and proposed resolution. Notices to INVO go to the legal contact in Section 20. If the dispute is not resolved within thirty (30) days after the notice, either party may begin formal proceedings. This Section does not apply to an action by INVO to collect amounts owed, to enforce a hold, Reserve or set-off, or for equitable relief.
17.4 No Class Actions
ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
17.5 Equitable Relief
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to enforce these Terms.
17.6 Limitations Period
Any claim by Developer arising from these Terms must be brought within one (1) year after the cause of action accrues, after which the claim is permanently barred. A claim about the release of Held Funds accrues on the date INVO completes its review under Section 6B.12 or notifies Developer that it will not release them. INVO's claims for amounts owed are subject to the limitations period under applicable law.
18. General Provisions
18.1 Assignment
Developer may not assign these Terms without INVO's prior written consent. INVO may assign these Terms in its sole discretion, including to an affiliate or in connection with a merger, acquisition, or sale of assets. Any prohibited assignment is void.
18.2 Amendments
INVO may amend these Terms, any Platform Policy, and the ACH Debit Authorization at any time by posting an updated version and notifying Developer by email to the Account Email or through the Developer dashboard. Each update states its version and effective date. Continued use of the Platform after the notice is sent and the update takes effect constitutes acceptance of the updated version, including Section 6B as updated, which then applies to all of Developer's accounts and to all amounts INVO holds or owes Developer on or after the effective date. INVO may also ask Developer to accept an update expressly. Developer's sole remedy for any objection to an amendment is to stop using the Platform and terminate under Section 16.2 before the amendment takes effect; such a termination is subject to Section 6B as in effect before the amendment.
18.3 Platform Policies
The Platform Policies are incorporated into and form part of these Terms. Platform Policies include, without limitation, fee schedules, payout schedules, the Payout and Reserve Policy, the Refund and Dispute Policy, acceptable use policies, inactive balance policies, privacy policies, data processing terms, API and security requirements, prohibited content policies, and developer support documentation, as published by INVO from time to time. In the event of a conflict between these Terms and the Platform Policies, these Terms shall control to the extent of the conflict, except where the Platform Policies provide more specific operational requirements consistent with these Terms. Where a Platform Policy referenced in these Terms has not yet been published, INVO will administer the relevant matter in good faith and in accordance with applicable law and standard industry practice until the corresponding Platform Policy is published.
18.4 Entire Agreement
These Terms, together with the Platform Policies, the ACH Debit Authorization and any other documents incorporated by reference, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior agreements, including both earlier texts of the Developer Terms of Service dated October 15, 2026.
18.5 Severability
If any provision of these Terms is held unenforceable, the remaining provisions shall continue in full effect, and the unenforceable provision shall be modified to the minimum extent necessary to be enforceable. In particular, if any period, amount or right in Section 6B is held unenforceable as written, it shall be enforced to the greatest extent the law allows.
18.6 Waiver
No failure or delay in exercising any right constitutes a waiver. Waivers must be in writing to be effective. A release of funds, a reinstatement, or a write-off is not a waiver of any other right.
18.7 Force Majeure
Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, strikes, government actions, pandemics, or internet, banking or infrastructure failures, except that this Section does not excuse Developer's obligation to pay amounts owed.
18.8 Independent Contractors
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
18.9 Notices
Notices to INVO must be sent to the legal contact in Section 20 or through the other channels designated by INVO from time to time, and are effective when received. Notices to Developer are sent to the Account Email or through the Developer dashboard, and are effective when sent. Developer is responsible for keeping the Account Email current and able to receive INVO's emails.
18.10 Export Compliance
Developer agrees to comply with all applicable export and import control laws and regulations. Developer represents and warrants that it is not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that it is not listed on any U.S. Government list of prohibited or restricted parties.
18.11 Confidentiality
Each party agrees to protect the other's Confidential Information using at least reasonable care, to use it solely for purposes contemplated by these Terms, and not to disclose it to third parties except as these Terms permit or with prior written consent. Confidential Information does not include information that: (a) is or becomes publicly available without breach; (b) was known to the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully received from a third party without confidentiality obligations. A party may disclose Confidential Information to the extent required by law, regulation, or court order, with reasonable prior notice to the other party where legally permitted. Nothing in this Section limits INVO's disclosures under Section 6B.18 or to its payment processors, payment networks and financial institution partners as needed to operate the Platform.
18.12 Headings
Section headings are for convenience only and shall not affect interpretation.
18.13 Construction
These Terms shall not be construed against the drafting party. The parties acknowledge that they have had the opportunity to review and negotiate these Terms.
18.14 No Third-Party Beneficiaries
These Terms are for the sole benefit of Developer and INVO and confer no rights on any other person, except that Players may rely on Section 6B.7.
19. Inactive Player Balances
19.1 Inactive Balance Policy
Player Virtual Currency balances that become inactive are subject to INVO's Inactive Balance Policy, which is incorporated by reference into these Terms. The Inactive Balance Policy describes notification procedures, treatment of inactive balances under applicable state law, and related matters.
19.2 Treatment Under Applicable Law
INVO administers inactive Player balances in accordance with applicable unclaimed property, escheatment, consumer protection, gift card, dormancy, and similar laws, which may include continued holding, reporting, transfer to state authorities, or other treatment required or permitted under applicable law. INVO determines the appropriate treatment based on the Player's state of residence, applicable federal law, and INVO's regulatory positioning, as set forth in the Inactive Balance Policy.
19.3 No Developer Revenue From Inactive Balances
Developer has no claim, right, or interest in any Player balance that is escheated, transferred to state authorities, or otherwise administered under the Inactive Balance Policy or applicable law. Developer shall not receive any revenue share, refund, or other compensation arising from inactive balance administration.
19.4 No Developer Liability
INVO retains sole responsibility for administration of inactive balances, including notifications, state-by-state legal analysis, escheatment reporting, and dispute resolution. INVO shall indemnify Developer from third-party claims arising from inactive balance administration, subject to Section 15.
19.5 Developer Cooperation
Developer agrees not to make representations to Players that contradict the Inactive Balance Policy, and agrees to direct Player questions about inactive balances to INVO.
19.6 Developer Funds
The Inactive Balance Policy covers Player balances only. Held Funds and other amounts INVO owes Developer that cannot be paid are handled under Section 6B.17.
20. Contact
Contact information for INVO is published on the Platform and updated from time to time. Developer should refer to the current contact information published on the Platform for any communications, dispute submissions, or notices required under these Terms.
At the Effective Date:
Invo Tech, Inc.
Support: Contact Support
Legal notices: Contact Legal
Website: https://ourinvo.com
Developer dashboard: https://console.invo.network
Acknowledgment
BY CLICKING "I AGREE," CREATING A DEVELOPER ACCOUNT, OR ACCESSING OR USING THE INVO NETWORK PLATFORM, DEVELOPER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE DEVELOPER TERMS OF SERVICE AND THE PLATFORM POLICIES INCORPORATED HEREIN, INCLUDING SECTION 6B (AUTOMATIC SUSPENSION AT THE CUTOFF RATE AND THE HOLD OF DEVELOPER'S FUNDS FOR AT LEAST 180 DAYS AFTER SUSPENSION OR TERMINATION).