AI | Do I need to disclose when my game uses AI-generated content? – Developer Portal - Support

While the Game License & Upload Agreement does not require developers to make a specific disclosure when AI tools are used during development, Kongregate does request that the player-facing game description includes a disclosure that AI has been used, and how it has been used. It helps us - Kongregate and developers - maintain transparency with players. Examples may include:

• noting that certain assets were generated with AI tools
• identifying AI-assisted creative workflows
• describing AI systems used for gameplay features

Developers should ensure that any disclosures are accurate and not misleading.

Are developers responsible for AI-generated assets?

Yes.

Developers are responsible for all content included in their games, including content generated with AI tools, and for ensuring that they have the necessary rights to use and distribute AI-generated assets. and that the content complies with applicable laws, intellectual property rights, and content standards.

Developers should ensure that AI-generated assets:

• are permitted for commercial use under the AI tool’s terms
• do not infringe intellectual property rights
• comply with applicable laws and platform policies

Can AI-generated content create intellectual property risks?

In some cases, disputes may arise regarding the origin or ownership of AI-generated content. Developers should review the terms of service and licensing terms of any AI tools used during development to understand what rights they receive to generated outputs.

Developers who are uncertain about these issues may wish to seek advice from a qualified legal professional.

Can players generate AI content inside my game?

Some games allow players to generate content using AI systems integrated into the gameplay experience, such as generating dialogue, artwork, or other creative outputs.

Developers may choose to implement these types of features, but developers remain responsible for ensuring that their games comply with applicable laws, Developer Content Standards, and the Game License & Upload Agreement.

What is player-generated AI content?

Player-generated AI content refers to content created by players using AI systems integrated into a game, such as:

• AI-generated images or artwork
• dynamically generated dialogue or text
• procedural story or narrative elements
• other content generated in response to player inputs

Who is responsible for AI systems included in a game?

Developers are responsible for the systems and content included in their games.

If a game includes AI tools that generate content during gameplay, the developer should ensure that those systems operate in a way that complies with applicable laws, Developer Content Standards, and the Game License & Upload Agreement.

Should developers consider safeguards for player-generated content?

Developers may wish to consider reasonable safeguards when designing systems that allow players to generate content, particularly where player inputs may influence AI-generated outputs.

Examples may include:

• content moderation systems
• usage limitations or filtering mechanisms
• clear player guidelines regarding acceptable use

These measures can help reduce the risk of problematic or unlawful content being generated through gameplay systems.

Can player-generated content create legal risks?

As with other forms of user-generated content, AI-generated outputs created by players may raise legal questions depending on how the system operates and how the generated content is used or shared.

Developers implementing these systems may wish to consider the potential legal implications and seek legal advice where appropriate.

Does Kongregate use player gameplay data to train AI systems?

As described in the Game License & Upload Agreement, Kongregate may use anonymized or aggregated platform and gameplay data to improve the Kongregate platform and related services, including AI/ML systems.

This does not transfer ownership of the developer’s game or underlying intellectual property.