Terms of Service

We are pleased that you decided to visit our Website and use our services. It is very important for us that you read and understand the rules of our cooperation. We believe that transparency and clarity are a good basis for building a solid, long-term relationship. Below, we summarize the main rules of our Terms of Service, based on which we hope we will work together.
  1. By using gamefound.com, you agree to our Terms of Service and conclude the agreement with us to provide you with the services available via the Website. You will be informed about amendments to the Terms of Service and their scope by e-mail with a 14-day notice, and if you disagree to be bound by the amendments, you can terminate the agreement within that period.
  2. Gamefound is not responsible or liable for the Projects on the Website. In particular, we are not responsible or liable for the Projects to be commenced, performed, or finalized. The only entity fully responsible for the particular Project is the Creator of that Project. The Creator is exclusively liable for any defects or failure to deliver the Rewards.
  3. It is possible that the Project will change, cannot be finished on time, or is impossible to be finished, for which we are not responsible. 
  4. You are responsible for all your actions on our Website, especially for sending us unlawful content within the meaning of the laws of the Republic of Poland.
  5. Prices indicated on the Website constitute commercial information, not an offer within the meaning of the Polish Civil Code.
  6. In order to use our services, you must create your personal account through our Website. The Agreement between us is considered concluded as soon as You accept our Terms of Service. After accepting the Terms of Service, you will receive a proper confirmation that Your personal account has been successfully set up.
  7. Due to the generally applicable Polish law provisions, if you are a consumer (including a sole entrepreneur who has a status of a consumer), you have the right to withdraw from the agreement concluded remotely within 14 days from the time of the date of its conclusion – unless you brought a Pledge to at least one Project within your business activity. 
  8. If anything on the Website doesn’t work or you have any objection regarding our services, you can always send us a message describing the problem. We will do our best to resolve it as soon as possible.

The above is a summary of the document. Read it in full below:

Terms of Service
1.INTRODUCTION

These Terms of Service define the conditions you need to accept to use our Website, available at the address: gamefound.com. You hereby accept the Terms of Service and undertake to comply with them.

The Website is run by Gamefound Sp. z o.o. with its registered office in Wrocław (50-127) at the following address: ul. św. Mikołaja 58, registered in the Register of Entrepreneurs conducted by the District Court for Wrocław-Fabryczna, VIth Commercial Department of the National Court Register under KRS number 0000778227, holder of Business entity statistical number (REGON): 382893080, Polish taxpayer’s identification number (NIP): 8971865043, holder of share capital in the amount of 84 250.00 PLN; („Gamefound”).

You can contact us via e-mail address: help@gamefound.com.

Contents:
1. Introduction
2. Definitions
3. Creating the account
4. Scope of the Website service
5. Deleting the account
6. Withdrawal from the Agreement
7. Assignment of the contractual rights and obligations
8. Liability
9. Complaint Procedure
10. Intellectual Property
11. Technical requirements
12. Final provisions
13. Appendixes

2. DEFINITIONS

Agreement means a contract for providing specific services between a User and Gamefound to provide services via the Website based on the Terms of Service and the other arrangements made between the Parties – if applicable;

Backer means any User that sets up an account on the crowdfunding Website and/or the Website and who brought a Pledge to at least one Project;

Consumer - a consumer is a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity;

Creator means any User that has undergone onboarding and created at least one Project;

Pledge means any cash sum contributed by the Backer in order to fund one or several Projects;

Reward means any product that the Creator suggests to its Backers in exchange for its Pledge to the Project;

Project means any scheme led by the Creator and made available online on the Website;

Service means any services made available to Users on the Website after they have created an account, in particular, services provided electronically by Gamefound  based on the Agreement and Terms of Service, services to create or participate in crowdfunding Projects, or access to a Pledge manager as the Backer or Creator;

User means any user (Creator or Backer) who is an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality, which the law recognizes as having legal capacity, that sets up an account on the Website and concludes the Agreement. The user may be a natural person without full legal capacity after obtaining the consent of the legal representative. Gamefound is not responsible for the actions and effects of the actions of persons referred to in the sentence above if they acted without the consent of their legal representative;

Website means the site available at the address https://gamefound.com/.

All of the above definitions can be used in the singular and plural forms (if applicable).

3. CREATING THE ACCOUNT

The User is obliged to complete the registration process by providing Gamefound with current and accurate information (e-mail address). During the registration process, the User: (a) is required to confirm the e-mail address, choose a password to the User account and agree to all the conditions of the Website set out in the Terms of Service and Privacy Policy, and undertake to comply with them; (b) can create a nickname.

Once the User completes the registration process, in order to use the Website, it is necessary to log in to the User account using an e-mail address and password.

Each User may have only one User account.

When completing the registration form, the User may not provide the Personal Data of other Users or third parties and the image of third parties without the consent or consent of these persons required by law.
In the case of legal persons and organizational units, only a person who is authorized to act in this respect on behalf of these entities may set up an Account on their behalf.

Upon the successful creation of an account on the Website, an Agreement is concluded in electronic form between the User and Gamefound, the subject of which are the services provided by Gamefound on the Website, under the conditions set out in law and these Terms of Service.

4. SCOPE OF THE WEBSITE SERVICE

The Website is available 24 hours a day. Access to a specific Project may be limited or cut off due to the Creator’s sole decision. Due to substantial reasons, in particular technical or maintenance works, Gamefound may, from time to time, turn off the Website or some of its features/functions. Due to that, some of the features/functions may be temporarily unavailable. Gamefound will use its best efforts to inform about the possible non-operating periods.

The User needs to be logged in to use the Services. The User can browse the Website, edit User data on the account, support Projects, contact Gamefound and ask questions about the Website, comment on Projects, receive newsletters, and learn about the hottest Projects on the Website. If the User wants to stop receiving newsletters and learn about the hottest Projects on the Website, the User should make appropriate changes in the account settings. When the User creates an account, the profile page is created by Gamefound. By default, the User’s profile is public to other people visiting the Website. The public profile can be changed by the User to private in the account settings at any time. The information that is available in the User’s public profile is especially as follows: nickname, avatar, profile description including links to social media, any information User adds to the profile, comments on the Website, projects that the User has created, followed or backed, profiles that the User follows or by which the User is being followed. The following data will not be publicly displayed on the public profile: User’s name, date of birth, payment information, IP address, pledge amount, chosen rewards, identity verification documentation, and communications sent directly to Gamefound.

The User can be the Backer or Creator within the Services available on the Website, including, in particular, the use of crowdfunding or pledge manager services. Becoming a Backer or Creator and accessing the Services related to that status requires providing additional information and agreeing to separate Terms of Service for such Services. The User will always be informed of the need to accept such separate Terms of Service.

Creating an account on Gamefound and using the Website is free for the User. However, some of the services offered on the Website, in particular, the services for Creator, may be subject to fees or require additional actions - the User will be informed of the need to pay fees or additional actions before using such services on the Website.
Terms of providing services by third-party websites, including setting up an account, are set by these websites. Such websites may require additional information or authentication of the User.

The use of services provided electronically as part of the Website, due to the transmission of data via the public Internet network, is associated with the risk of interference by unauthorized third parties in the data sent between Gamefound and the User.

5. DELETING THE ACCOUNT

The User is entitled to delete the account at any time through the account settings. Erasure of the account is tantamount to termination of the Agreement. In this case, all of the Agreement’s provisions remaining in force due to these Terms of Service and/or generally applicable Polish law provisions survive such termination.

Gamefound reserves the right to suspend or delete the User account, with immediate effect, in the event of any violation of the Terms of Service or any other legal provisions. Gamefound shall inform the User about suspending or deleting the User account by sending an e-mail, which will contain a description of the specific reasons for suspending or deleting the User account and contact details to Gamefound.

Deleting an account of the User by Gamefound is tantamount to the termination of the Agreement. In case of deleting the account before the Project end date, Gamefound immediately cancels the reservation of the payment charge on the User’s credit card.  The User shall be informed about the termination of the Agreement via e-mail sent to the address provided by the User in the registration process. Notwithstanding the above, Gamefound may retain certain information about the User as required by the law or as necessary for its legitimate purposes.

6. WITHDRAWAL FROM THE AGREEMENT

The User who is a consumer (including a sole entrepreneur who has a status of a consumer) has the right to withdraw from the Agreement (concluded remotely) without stating reasons and without incurring costs, except for the additional and unreasonable costs.

The withdrawal period for the Agreement concluded remotely is 14 days from the date of its conclusion, while to comply with this term, it is enough to send a relevant statement before its end. It can be completed, e.g., by using a standard withdrawal form (it’s not obligatory), Appendix no. 1 to these Terms of Service, available here – the User can, e.g., send it to Gamefound via e-mail.

7. ASSIGNMENT OF THE CONTRACTUAL RIGHTS AND OBLIGATIONS

In case of the assignment of the rights to the Website by Gamefound to another entity, Users who aren’t consumers hereby agree to the subrogation of Gamefound’s contractual rights and obligations by the successor. The Users who are consumers (including a sole entrepreneur who has a status of a consumer) will be informed via e-mail about the intention of assignment of the contractual rights and obligations. Lack of Users’ objection within 14 days is tantamount to the Users’ consent.

The Users, who are consumers (including sole entrepreneurs who have a status of a consumer), have a right to assign the contractual rights and obligations to another entity. In that case, the User is obliged to inform Gamefound about the intention of assignment of the contractual rights and obligations via e-mail. The lack of Gamefound’s objection within 14 days is tantamount to the Users’ consent. The Gamefound’s objection, made in the prescribed period, is tantamount to termination of the Agreement.

9. GENERAL LIABILITY

Gamefound is not liable for any disruptions in the proper functioning of the Website and any loss of the Users data caused by force majeure, third parties, and/or by Gamefound's efforts to improve the Website's functionality. Gamefound undertakes to inform the Users in advance – if possible – of any disturbances in its functioning, in particular about maintenance breaks.

Users are entitled to use the Website in a manner consistent with the Terms of Service, applicable laws of the Republic of Poland, rules of social coexistence, and morality. The User undertakes not to provide unlawful content and such that may adversely affect the security of the Website or harm other Users.
The User is responsible for maintaining the confidentiality of the account and password, for restricting access to the account, and agrees to accept responsibility for all activities that occur under the account or password.
Prices indicated on the Website constitute commercial information, not an offer in the meaning of the Polish Civil Code.

The agreement between the Creator and the Backer regulates their bilateral relationship that Gamefound is not a part of. Consequently, Gamefound is not liable for any of Creator’s or Backer’s acts and/or omissions, and any other violations of such agreement and/or the agreement concluded between the Creator and the Backer, in particular regarding the performance of the Project and the delivery of the Reward. Gamefound doesn’t provide the Backer any kind of guarantee that the Reward will be prepared on time set in the Project and the Reward’s description. Gamefound is not responsible and/or liable for reimbursement of any payments received by the Creators from the Backers, and that’s because all payments are transferred directly to the Creator’s account. Terms and conditions regarding the reimbursement of payments are set out by all the Creators individually. With all the matters related to the Project, Backer should reach out first to the Creator’s customer service team, and if that contact fails for whatever reason, Backer may approach Gamefound to request its assistance.

The User jointly agrees that Gamefound is not liable for any entities providing its services in order to perform the Agreement – to the extent permitted by the Polish generally applicable law provisions.

10. COMPLAINT PROCEDURE

Gamefound tries to provide the Users with the best services it can, but Gamefound cannot give the Users a 100% guarantee that everything will work well all day, every day, especially since Gamefound is somehow dependent on our contractors and suppliers. In case of any technical problem the User finds while using the Website or any reasonable objections to Services, please do not hesitate to contact Gamefound by using the contact form, which the User can find here: https://gamefound.com/contact.

If the User decides to contact Gamefound, they should describe their problem or objections to Services as precisely as possible. It will allow Gamefound to react quickly and effectively.

Gamefound will respond to the User message via e-mail immediately – no longer than 14 days from the day we receive it. The Gamefound response will describe to the User the cause of the problem and suggest the best possible solution to remove it or inform that Gamefound is working on the elimination of the problem and indicate the estimated time of the elimination process or confirm that it has eliminated the problem already.
If the User case has not been satisfactorily resolved or the problem will occur again, the User has the right to ask for a revision of Gamefound’s first stance. To do that, please use the above-mentioned contact form.

11. INTELLECTUAL PROPERTY

Services and products provided on the Website are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. The Users agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Website.

The materials published by the User on the Website, including the content of the Project, may not infringe the rights of other Users or third parties.

You can report a copyright infringement using the contact form or by e-mail at help@gamefound.com.

In the event that a third party or another User reports any legitimate claims against Gamefound for infringement of that person's rights as a result of the User’s actions, including intellectual property rights to the materials posted on the Website, the User who is the subject of the notification undertakes to conduct the application at his own expense and risk any legal steps ensuring due protection of Gamefound against such claims. In particular, the User undertakes to replace Gamefound, or, failing that, to join Gamefound in any proceedings against Gamefound, and undertakes to compensate Gamefound for all costs incurred by Gamefound, in particular, the costs of legal assistance and costs which it will be obliged to pay to a third party or another User in connection with a legitimate claim or court action for infringement of the subject of intellectual property rights - on the basis of a court judgment or settlement of the parties to court proceedings concluded with the User’s participation.

12. TECHNICAL REQUIREMENTS

The minimum technical requirements, the fulfillment of which is necessary for cooperation with the ICT system used by Gamefound, including the use of the Website and the conclusion of the Agreement for the provision of services is: (a) connection to the Internet, (b) having devices that allow the use of Internet resources, (c) in the case of Users registered on the Website, having an active e-mail account (e-mail).

Gamefound ensures the correct operation of the Website for the Users via the most popular and the latest versions of the commonly used operating systems or browsers (in particular: Windows, OS, iOS / Firefox, Edge, Chrome, Safari). In case of any questions regarding the compatibility of a specific version of the operating system/browser with the Website, please use the contact form, which the User can find on the Website.

The use of third-party software which influences the functioning and functionality of the browsers (browser extensions) may have an impact on the correct functioning of the Website. Therefore, for the purpose of achieving full functionality, it should be turned off.

13. FINAL PROVISIONS

Search results and the order in which Projects are presented to the User on the Website are related to advanced algorithms that take into account many variable factors, in particular: which projects Users have followed or pledged to so far. The search result or order in which Projects are presented are never due to Creators' fees - Gamefound does not charge Creators any fees for positioning Projects in the results.

Gamefound is entitled to unilaterally amend the Terms of Service in the event of the following important reasons: (i) organizational, business, or legal changes with regards to Gamefound, (ii) changes of the law, (iii) changes in the Website's functionalities, provided that those amendments are intended to adapt the content of the Terms of Service to its functionalities.

If Gamefound makes changes to these Terms of Service, Gamefound will post the updated Terms of Service on the Website and will provide the User with the notice of the modifications by e-mail or by message visible on the User account on the Website at least fourteen (14) days before the date they become effective. Users will be bound by the provisions of the new Terms of Service unless they terminate the Agreement within 14 days from the date of notification of a change in the Terms of Service. To do that, the User should just notify Gamefound that it doesn’t want to use our Website on the basis of updated conditions. After such a message, the User may lose the possibility to use the Website, and Gamefound will be entitled to delete the User account on that date.

Any amendment to the Terms of Service to the extent that it relates to the former Backer’s actions and decisions regarding the Pledge made on the Website before the amendment to the Terms of Service does not affect the legal conditions (Terms of Service) applicable at the time of those actions and decisions.
The current version of the Terms of Service is always available on the Website (https://gamefound.com/terms).

The Agreement shall be governed by Polish law. In matters not regulated hereunder, the provisions of the Civil Code, Consumer Rights Act, Act on copyright and related rights, and other generally applicable laws shall, in particular, apply. These Terms of Service include the following Appendices, which are an integral part of the Terms of Service.

Any disputes between Gamefound and the User shall be settled by way of mediation or out-of-court dispute settlement. If the parties are unable to reach an agreement, any disputes which may arise from the application of this Agreement shall be submitted by the parties for a resolution to a competent Polish court which, in the case of the Users who are entrepreneurs, will be the competent court for the seat of Gamefound.

The Terms of Service regarding consumer rights shall apply respectively to natural persons conducting sole entrepreneur and concluding the Agreement directly unrelated to their business activity if it follows from the content of the Agreement that it is not of a professional nature for them. Nothing in these Terms of Service should be interpreted so as to limit or exclude any rights granted to such Users. Should any provision of these Terms of Service be found to have such an effect, these Terms of Service should be applied and construed so that it may be ensured that such Users are able to make use of their rights. Gamefound stipulates that it is not permissible for the User to act simultaneously as a natural person and as a professional within one Agreement. It is only possible to make separate purchases of professional and non-professional nature.

Consolidation, security, accessibility, and confirmation of the content of the distance agreement concluded with Gamefound for the User who is a consumer (including a sole entrepreneur who has a status of a consumer) takes place by sending the User an e-mail containing confirmation of the conclusion of such agreement. The Agreement is concluded for an indefinite period.

Gamefound hereby informs Users that it does not use alternative methods of settling disputes with consumers unless it’s expressly required by applicable law. It means that Gamefound does not agree to participate, and it is not obliged to participate in this kind of proceeding. Also, Gamefound hereby informs Users that the European Commission operates a platform for out-of-court complaints and redress. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

Gamefound is not bound by any external code of good practice.

Information on how Gamefound processes the personal data of the Users can be found in the privacy policy available here.

14. APPENDIXES
  1. Gamefound Agreement Withdrawal Form