Adfound Terms of Service

These Adfound Terms of Service outline the conditions that the Creator must accept to use Adfound on the Website, available at www.gamefound.com. By accepting the Adfound Terms of Service and placing a marketing order in accordance with these terms, the Creator enters into an agreement with Gamefound.

Adfound is a marketing tool available on the Website, designed specifically for registered Creators. It serves as a marketing solution for promoting Creators’ projects. Once a Creator has successfully completed the onboarding process, they can use Adfound to commission marketing services directly from the Website, setting a marketing budget according to their preferences.

The scope of Adfound includes, in particular, precise audience targeting and the continuous optimization of budgets and ad sets. Additionally, it offers  automated reporting, enabling creators to effectively monitor the performance of their marketing efforts. Adfound is in continuous development, with new options and functionalities being added regularly.

Creators seeking to utilize Adfound must have an account on the Website and successfully complete the onboarding process in accordance with the Terms of Service for Creators.

A project's eligibility for Adfound depends on achieving a defined level of popularity within the Gamefound community. Specific metrics may include:

Gamefound reserves the right to adjust the follower count requirement and other metrics periodically, reflecting platform growth and market dynamics.

The requirement for achieving a defined level of popularity does not apply to the Pledge Manager and Late Pledge phases.

Gamefound may impose other requirements for access to Adfound based on the Creator’s activities, project type, or other relevant factors, in order to maintain the quality of services. These may include:

Gamefound may waive the follower count requirement or additional requirements in exceptional circumstances, such as groundbreaking or highly innovative projects, partnerships with renowned creators or brands, initiatives addressing unique social, cultural, or community-driven goals, or specific considerations related to an individual Creator. Such exceptions will be assessed on a case-by-case basis at Gamefound's sole discretion.

In certain cases, Gamefound may deny access to Adfound. Examples of situations where this may occur include:

To commission marketing services in Adfound, the Creator is required to:

The specified budget is an estimate of how much the Creator intends to allocate for the marketing services. Marketing orders within the specified budget are placed by Creators by defining the exact amount of funds allocated for marketing services. The Creator may change the budget allocated for marketing services at any time during the marketing campaign, taking into account the time required by Gamefound to provide marketing services. However, the Creator is not permitted to decrease the budget if the funds have already been expended. In such a case, the change made in Adfound is ineffective and the Creator is obliged to cover the expenses and Gamefound’s marketing fee as if the change had not occurred.

Adfound suggests a recommended budget for a given marketing campaign, taking various factors into account. However, Creators independently manage the marketing campaign by specifying the amount allocated for marketing services. Gamefound is not responsible for the suggested expenditure amounts, as the final decision is made solely by the Creator.  Gamefound reserves the right to review and approve proposed budgets and marketing expenses for campaigns when a proposed budget is deemed excessively high. In such cases, Gamefound may reject the budget or request adjustments to ensure feasibility and effective allocation of resources. This measure is intended to prevent situations where Gamefound would be unable to fully utilize the allocated funds due to operational constraints or market conditions. 

Gamefound shall begin providing the marketing services on the day specified by the Creator, provided that the marketing order is accepted for execution no later than 72 hours from the time the marketing order is placed, and sufficient funds are available in Adfound. The timeline for the commencement of the marketing services will be extended by the time taken for the Creator to submit the appropriate marketing materials.

In the event of the suspension or cancellation of a crowdfunding campaign, the Creator is obligated to inform Gamefound of the need to cancel the marketing campaign. Otherwise, Gamefound will continue providing marketing services. Upon receiving information from the Creator regarding the need to suspend or cancel the marketing campaign, Gamefound will make reasonable efforts to do so in a timely manner. However, the Creator remains responsible for fees related to services rendered up until the time of suspension or cancellation.

The commencement of marketing services may be delayed for reasons beyond Gamefound’s control, such as the time required by external providers (e.g., Meta Platforms Inc. [Meta Ads/Facebook], Google LLC [Google Ads]) where these marketing services are executed. In such cases, Gamefound shall not be held liable for delays attributable to such providers. 

The Creator is obligated to continuously monitor the progress and execution of the marketing campaign on Adfound. If the Creator notices any irregularities, suspicious activity, or other concerning issues, they must promptly report these observations.

Gamefound reserves the right to refuse, suspend, or terminate any marketing campaign or specific advertisement if it determines, at its sole discretion or based on a report or notification from relevant third parties, that the campaign or advertisement may violate Gamefound’s Terms of Service, the terms and conditions of external providers, jeopardize Gamefound’s ability to maintain good standing with such providers, infringe upon third-party rights, or otherwise violate applicable law.

The Creator must provide materials and content for marketing campaigns that fully comply with the policies and guidelines of external providers, for example Facebook’s Advertising Term and Conditions or other regulations of external providers. The current list of providers can be found here.

The Creator acknowledges that external providers may, at their sole discretion, reject or remove any of the Creator's advertisements at any time, with or without notice, if such advertisement (a) violates the content restrictions or any other provisions of the applicable guidelines or technical specifications of the respective provider, or (b) is otherwise deemed inappropriate for any reason at the sole discretion of the provider, regardless of whether the advertisement was previously accepted. In such an event, if Gamefound is informed by the external provider of the reasons for the removal or rejection, Gamefound will notify the Creator, and the Creator shall promptly resubmit an advertisement that addresses the issues specified by the external provider. Otherwise, Gamefound shall cease providing marketing services in this regard.

Gamefound shall not be held liable for any delays, suspensions, or terminations in the execution of marketing services caused by non-compliance with the policies of external providers. Any disruptions or restrictions imposed by these providers are beyond Gamefound’s control, and the Creator assumes sole responsibility for ensuring that their materials and content adhere to these external policies.

The Creator acknowledges that external providers may update their policies periodically. The Creator agrees to review and ensure ongoing compliance with these policies throughout the duration of any marketing campaign.

All rules regarding prohibited and illegal content are detailed in Section 5 of the Terms of Service, titled Combating Illegal Content and Restrictions on Use of the Website, available here.

Any marketing materials provided by the Creator must align with the project and maintain consistency with it.

Creators are permitted to use Adfound only in a lawful manner, in compliance with the Gamefound Terms of Service, applicable laws, principles of social coexistence, and Gamefound’s content policy.

Creators are strictly prohibited from transferring, distributing, or sharing any digital assets, files, or materials that may contain viruses, malware, or any other harmful code or software designed to damage, disrupt, or impair the functioning of any system, network, or device. Any such activities are considered a breach of these Adfound Terms of Service and may result in immediate termination of access to Adfound, legal actions, and other penalties as deemed appropriate.

Gamefound does not conduct prior or automated identification or verification of illegal content. Any actions taken by Gamefound to address illegal or inappropriate content are made only after receiving information regarding its occurrence.

By providing any information and content for the purpose of performing marketing services, the Creator grants Gamefound a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable, and territorially unrestricted license to use, commercialize, and exploit the copyright, publicity, trademark, logo and database rights associated with the Creator, as well as the provided information and content, to the fullest extent necessary for the effective delivery of marketing services. This license includes, but is not limited to, the following uses:

By uploading or providing any information and materials for the purpose of performing marketing services, including but not limited to graphics, the Creator warrants that they possess full rights to the content, including all applicable copyrights, licenses, and necessary permissions or consents. The Creator further guarantees that all information and materials provided comply with relevant legal requirements and do not infringe upon the rights of any third parties.

During and after the provision of marketing services, Gamefound may use the Creator’s name and logo and reference the results of the marketing campaign in a factual and non-disparaging manner for promotional or marketing purposes. However, any data related to the marketing campaign results shall be anonymized. Gamefound may also reference any publicly available information about the Creator.

The Creator is not charged for using Adfound, however, the Creator shall pay Gamefound a marketing fee, calculated as a specified percentage of the revenue generated through the marketing services provided. The current fee rates are available here. The Creator will also be informed of the applicable rate when placing a marketing order.

The Creator can view the payment methods available in Adfound at any time in here or during the checkout process before placing an order for marketing services. The payment methods available for a specific marketing order may vary depending on the Creator’s place of residence or the transaction currency. In the event of technical issues, the available payment methods may be temporarily limited. The applicable payment methods for each marketing order will be clearly indicated at the time the order is placed.

In the event that Gamefound incurs a cost related to marketing services that exceeds the amount paid by the Creator, due to reasons attributable to external providers, Gamefound reserves the right to charge the Creator for the additional amount. This may occur as a result of the campaign management model used by these providers or the way or frequency of updating expenditure data. The Creator will be informed of such charges and will be required to reimburse Gamefound for any excess costs incurred.

Gamefound has the right to deduct any outstanding amounts owed by the Creator in connection with the provision of marketing services from any receivables owed to Gamefound by the Creator.

The Creator assumes full responsibility for all information, materials, and content provided in connection with the marketing services and agrees to ensure compliance with all applicable laws when utilizing Adfound. Gamefound disclaims any liability for the provided information, materials, or content, as well as for their use.

The Creator will indemnify, defend, and hold harmless Gamefound, its affiliates, agents, contractors, and others from any costs, losses, liabilities, expenses, or damages arising out of any actions, causes of action, claims, or demands brought against Gamefound in connection with marketing services provided through Adfound.

If a third party raises legitimate claims against Gamefound for infringement of their rights as a result of the marketing services, including intellectual property rights related to the provided materials, the Creator agrees to:

Gamefound undertakes to fulfill its obligations regarding marketing services within Adfound with diligence and care. However, Gamefound makes no guarantees about the success of marketing campaign or success of the project in connection with these services. Nothing in these Adfound Terms of Service shall be construed as a warranty, guarantee, or assurance from Gamefound regarding the success of the crowdfunding campaign, the achievement of its goals, the collection of specific funds, or the web traffic related to the campaign or project.

Gamefound is not responsible if the unused funds allocated for the marketing services remain unspent due to reasons beyond Gamefound's control. In such cases, at the Creator's discretion, the funds will be allocated to another marketing campaign within the same or a different project, or a refund will be issued. If a refund is requested, the unused portion of the budget will be returned using the payment method the Creator used to top up their account, or through an alternative method depending on technical constraints. If Gamefound is unable to return the funds using the original payment method, the Creator, at Gamefound’s request, must provide bank details that accept international wire transfers. If the Creator fails to provide valid payment details for the refund, the funds will be forfeited after two years.

Gamefound shall not be held liable for any instances where the Creator has provided inaccurate data in Adfound, including, but not limited to, specifying incorrect start or end dates for the marketing services. Furthermore, Gamefound shall not be responsible for the actions or omissions of external providers, such as Meta Platforms Inc. (Meta Ads/Facebook) or Google LLC (Google Ads), or other entities through which marketing services are performed.

Gamefound is not liable for any inaccuracies or incompleteness in the information provided in Adfound regarding marketing campaign (such as, among others, Return on Advertising Spend - ROAS). Deviations may occur due to information provided by external providers, and occasional errors may arise. The information provided are for informational purposes only and should not be relied upon as the sole basis for decision-making without consulting primary, more accurate, more complete, or more up-to-date sources of information.

Gamefound will not be liable for lost profits or any other incidental or indirect damages. To the extent permitted by binding law, Gamefound’s liability is limited to the remuneration received from the Creator for providing marketing services during the 12 months preceding the date on which the act or omission giving rise to the Creator’s claim occurred.

The Adfound Terms of Service incorporate the Gamefound Terms of Service and the Terms of Service for Creators. All capitalized words and definitions have the meaning given to them in the Gamefound Terms of Service unless expressly stated otherwise in the Adfound Terms of Service. In case of discrepancies between the Gamefound Terms of Service, Terms of Service for Creators and the Adfound Terms of Service, the latter shall prevail.