Terms of Service for Backers
We are pleased that you decided to become a Backer and use our Services on the Website. 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. That is why below we summarized the main rules of our Terms of Service for Backers (“TOSB”) based on which we will work together.
- By using gamefound.com as a Backer, the User has to have an active personal account and agree to the Gamefound Terms of Service & TOSB. Accepting the TOSB means concluding the Agreement between the Gamefound & the User, which enables the User to use the Service functionalities intended for the Backer on the Website.
- The TOSB are an integral part of the Terms of Service and apply to Services related to Backer. All capitalized words & definitions have the meaning given to them in the Gamefound Terms of Service unless expressly stated otherwise in the TOSB. The Gamefound Terms of Service shall apply in these TOSB accordingly. In case of discrepancies between the Gamefound Terms of Service and the TOSB, the TOSB shall prevail.
- In order to use Gamefound Services and become a Backer, you may be asked to provide additional information.
- The Website was created exclusively to perform the function of pledge manager and crowdfunding platform for the Projects available on the Website. It is a tool that makes it available for the Backer to choose Projects and make Pledge during the crowdfunding or pledge management stages of the Project.
- Shipping or delivery conditions depend on arrangements made by you with the Creator.
- The Creator takes responsibility for all their Projects run on the platform. With all claims, such as Project performance, deadlines, or defects in the Rewards, you should approach the Creator directly. Gamefound will accommodate communication infrastructure between Backers and Creators. However, if you encounter any issues with contacting the Creator or are not happy with the solution that the Creator proposed, you may ask for Gamefound assistance.
- Gamefound Service for Backers is free of charge.
- If the Backer deletes their account or the Pledge before the crowdfunding Project end date, Gamefound immediately cancels the reservation of the charges on the Backer’s card. If the Backer has chosen the instant payment method and the crowdfunding Project has not been funded, Gamefound returns the payment. Deleting your account after submitting a Pledge before the Reward delivery date may make it more difficult for the Creator to fulfill the Rewards, so Gamefound reserves the right to store the data of the Backer and to communicate this data to the Creator in order to enable the Creator to send the Reward to you.
- Backers are fully liable for all the content that they publish on the Website.
The above is a summary of the document. Read it in full below:
Terms of Service for Backers
- The scope of the Services
- Deleting the account
- Final provisions
1. THE SCOPE OF SERVICES
1.1 General provisions.
To use gamefound.com as a Backer, the User has to have an active personal account and agree to the Gamefound Terms of Service & TOSB. Accepting the TOSB means concluding the Agreement between the Gamefound & the User, which enables the User to use the Service functionalities intended for the Backer on the Website.
- Gamefound provides Services to the Backer in the scope and on the conditions set out in the TOSB. These services include:
- choosing the Project and the Reward (if applies);
- receiving the delivery information regarding the Project;
- providing the information about the content of the Project, e.g., separate products, language options, and variations, provided by the Creator within its Project;
- selecting the payment method, among those provided by Gamefound;
- paying in Backer’s local currency by using Gamefound currency conversion (an updated list of supported currencies is available here;
- placing an order;
- selecting the delivery type of the Reward;
- selecting the place of delivery of the Reward;
- downloading the order invoices – if the Creator provides Backers with such option;
- assisting Backer in a resolution of potential disputes with the Creator;
- accommodating infrastructure for communication and refund process.
To use Gamefound Services, the Backer needs to be logged in and take some or all of the above actions, while some of them may be repeated numerous times.
Terms and conditions regarding the Projects are set out by the Creators only and shall be available for the Backers at all times until the end of the Project and delivery of the Reward. The Backers who back the Project, whether it is done as part of the crowdfunding or the Pledge management Project, accept the Creator’s terms and conditions concerning the Project, and conclude an agreement with the Creator. Gamefound is not a party to such agreement (the agreement is concluded between the Creator and the Backer).
The Backer can modify the Pledge until the crowdfunding Project is completed unless the Backer has used instant payment methods. In such a case, modifications to the Pledge cannot be made via the Website and require direct contact with the Creator. Once the crowdfunding Project is completed, the Backer may not make changes to the Pledge through the Website. Any changes, modifications, or cancellations to the Pledge or the Rewards are subject to the Project refund & cancelation policy created by the Creator and may require their consent.
At any time, Gamefound is entitled to ask the Backer for additional information or documents regarding the Backer, in particular in the case of doubts about its legality or breach of the Agreement.
1.2 Collection of the Funds from the Backers.
In the case of crowdfunding Projects and certain Pledge management Projects, the payment procedure is based on the rules specified individually by Gamefound’s payment partner and made available to the Backer here.
In order to collect funds and submit a Pledge, the Backer may choose from different payment methods provided by Gamefound.
Some Pledges cannot be collected (whole or in part) for objective reasons, for example, when the Backer’s credit card expires before the Project ends, and it does not provide updated information.
The Creator can refund individual Pledges after the end of the crowdfunding Project on the Website after receiving the payment or during the Pledge management Project. If the Creator does that, it has no further obligation to the Backer, and the agreement that the Creator and the Backer concluded expires.
1.2.1 Collection of the Funds for the crowdfunding Project.
For non-instant payment methods, the Backer provides payment details such as card number, cardholder name, expiration date, and security code and defines the amount the Backer wants to Pledge for a particular Project. In crowdfunding Projects Backer’s card is not charged until the end date of the crowdfunding stage of the Project, which is displayed on the Website. Gamefound may pre-authorize the Backer’s card for the period of crowdfunding. The Backer’s card is charged only if the Project achieves the financial goal. When using non-instant payment methods the Backer can change or cancel the declaration of the Pledge on the Project at any time before the end date of the crowdfunding stage of the Project, which is displayed on the Website.
In the case of instant payment methods, the Backer is charged immediately and cannot modify the Pledge via the Website. Cancellation or reduction of the value of the Pledge requires direct contact with the Creator of the Project.
1.2.2 Collection of the Funds for the Pledge management Project.
In Pledge management Projects, the Backer defines the amount that the Backer wants to Pledge for a particular Project and is charged immediately, regardless of the selected payment method. The exact amount the Backer has declared is the amount Gamefound will charge from the Backer.
In the case of Pledge management Projects where the Creator and their payment partner are responsible for the collection of the funds from Backers (e.g., funding the Project on external platforms), the rules established by the Creator and its payment partner apply. In this case, Gamefound is not responsible for such payments.
1.2.3 Returns and Refunds.
The Backer is aware that Gamefound is not a shop. By Pledge, the Backer is supporting the Project for which they may receive a Reward if the Project is successful. The Backer is aware of the risk that even if the Project is successful, it does not mean that the Backer will get the promised Reward. Delivering the promised Reward is solely the responsibility of the Creator. Before supporting a Project or placing an order, the Backer should check the Creators' refund and cancellation policy to find out about the risks involved when deciding to support the Project.
2. SHIPPING CONDITIONS
Responsibility for all matters related to shipping or delivery, as well as the final delivery of the Reward, stays with the Creator. However, at your request, Gamefound may support the Backer in contact with the Creator to ensure it takes your interests seriously.
Using gamefound.com as a Backer is free, however, the Backer acknowledges that they may be charged fees by other entities such as e.g., the bank processing the payment of the Backer or the payment operator, e.g., for the currency conversion. The Backer is fully and only responsible for paying any additional fees or taxes associated with their use of Gamefound Services.
When using Gamefound currency conversion, the Backer acknowledges that fees for such services are expressed as a percentage that is in excess of the exchange rates of the European Central Bank (ECB).
You can read more about Gamefound currency conversion and current fees here.
4. DELETING THE ACCOUNT
The Backer is entitled to delete their account at any time through the account settings. Erasure of the account is tantamount to termination of the Agreement. In this case, all of Gamefound’s rights survive such termination, as well as all the Agreement provisions remaining in force due to Terms of Service, TOSB, and/or generally applicable Polish law provisions.
In the case of deleting the account before the end date of the crowdfunding stage of the Project, Gamefound immediately cancels the reservation of the charge on the Backer’s card. If the Backer has chosen the instant payment method and the crowdfunding Project has not been funded, Gamefound returns the payment to the Backer.
Deleting the account after the end date of a crowdfunding stage of the Project or after a Pledge is placed and paid does not imply termination of the agreement between the Creator and Backer. The conditions for the termination of the agreement between Creator and Backer should be set out by the Creator in the refund and cancellation policy. Notwithstanding the above, Gamefound may retain certain information about the Backer, in particular, to enable shipping or settlement of the Pledge.
The Creator is fully liable for all the content that they post on the Website related to the Project. Gamefound is legally not liable for such content; however, Gamefound will promptly react to any attempts to post illegal content, fraud, misleading, or any other content that may harm third-party interests that it becomes aware of.
The Backer acknowledges that the Creator is exclusively liable for any changes in the Project, delays, or any other circumstances that could prevent the Creator from being able to finish the Project.
Terms and conditions regarding the liability and warranty for any defects in the Reward and/or implementation of the Project are set out by all the Creators independently. In the event the Project is successfully funded by the Backers, the Creator must implement the Project and fulfill each Reward by its estimated delivery date. The Creator is solely responsible for fulfilling the obligations made in the Project. If the Creator is unable to satisfy the terms and conditions of the agreement with the Backer, the Creator may be subject to legal action by the Backers. Each Creator publishes and is bound by their own refund and cancellation policy.
The Creator is also solely responsible for delivering the Rewards in a shape consistent with its presentation during the crowdfunding Project and/or in the Pledge management Project. All complaints should be directed to the Creator of the crowdfunding Project and/or the Pledge management Project. It may be necessary to communicate with the Gamefound platform in order to initiate the refund for each transaction, which will be issued and sent to the Gamefound payment partner. However, if the Creator does not respond to the Backer’s claims or the solution they propose does not satisfy the Backer, the Backer may ask Gamefound to step in to facilitate the dispute resolution process. The Backer understands that if the Project fails, the Creator may not have the resources left to return the value of the Pledge.
Gamefound may provide the Backer with operational-level support to contact the Creator, submit claims, or seek updates on the Project status. Still, Gamefound cannot guarantee that the Reward will be prepared or delivered within the periods set out by the Creator in the Project’s or the Reward’s description.
6. FINAL PROVISIONS
The TOSB is an integral part of the Terms of Service and apply to Services related to the Backer. All capitalized words & definitions have the meaning given to them in the Gamefound Terms of Service unless expressly stated otherwise in the TOSB. The Gamefound Terms of Service shall apply in these TOSB directly. In case of discrepancies between the Gamefound Terms of Service and the TOSB, the TOSB shall prevail.
The current version of the Terms of Service is always available to the Creator at the Website (https://test.gamefound.com/terms/crowdfunding).