Terms of Service for Backers

To use gamefound.com as a Backer, the User must agree to the Gamefound Terms of Service and the Terms of Service for Backers (“TOSB”). Acceptance of the TOSB constitutes the conclusion of the Agreement between the Gamefound and the User, which enables the User to use the Service - functionalities intended for Backer on the Platform. 

These Services include, in particular:

- choosing the Project and the Reward; 

- accessing information about the content of the Project (e.g., individual products, language options, and variations) as provided by the Creator within the Project; 

- receiving delivery information regarding the Project; 

- selecting a payment method from those provided by Gamefound;

- paying in Backer’s preferred local currency using Gamefound currency conversion (an updated list of supported currencies is available here) ;

- placing an order;

- selecting the type of delivery for the Reward; 

- selecting the place of delivery of the Reward; 

- downloading order invoices – if the Creator provides such an option to Backers;

- obtaining assistance in resolving potential disputes with the Creator;

- accommodating infrastructure for communication and refund process.

A Pledge may be submitted either by a registered User of the Platform or without creating an account. However, Backers who do not hold a registered account may have limited access to certain functionalities available on the Platform. Such limitations may include, without limitation, the inability to post comments under Projects, modify or manage submitted Pledges or orders after completion, receive account-based newsletters or notifications, or use selected community-related features. 

Terms and conditions of each Project are determined solely by the Creator and shall remain available to Backers at all times until the Project is completed and the Reward has been delivered. By backing a Project - whether during the crowdfunding campaign or through the Pledge Manager phase - Backers accept the Creator’s terms and conditions (including refund and cancelation policy) concerning the Project, and enter into an agreement directly with the Creator. Gamefound is not a party to this agreement, which is concluded exclusively between the Creator and the Backer.

The Backer may modify the Pledge until the end of crowdfunding campaign, except the Pledge was made using an instant payment method or where the Project is conducted as an express crowdfunding campaign, in which case no modification is possible through Platform and must be arrange directly with the Creator. Any changes, modifications, or cancellations of the Pledge or the Rewards are subject to the refund and cancelation policy established by the Creator and may require the Creator’s consent. 

At any time, Gamefound is entitled to ask the Backer for additional information or documents from the Backer, in particular in cases where there are doubts about the legality of their actions or a potential breach of the Agreement. 

The collection of funds is carried out in accordance with the rules set by Gamefound’s payment partners. Information about the currently supported payment processors is available to Backers [here]. 

In order to collect funds and submit a Pledge, the Backer may choose from different payment methods provided by Gamefound.

Some Pledges may not be collected, in whole or in part, for objective reasons, for example, if the Backer’s credit card expires before the Project ends, and  the payment information are not updated.

The Creator may refund individual Pledges after the end of the crowdfunding Project, including express crowdfunding after receiving the payment or during the Pledge Manager Project. If the Creator does so, they have no further obligation to the Backer, and the agreement between the Creator and the Backer expires.

For non-instant payment methods, the Backer provides payment details such as card number, cardholder name, expiration date, and security code, and specifies the amount they wish to pledge for a particular Project. In crowdfunding Projects Backer’s card is not charged until the end date of the crowdfunding campaign. Gamefound may pre-authorize the Backer’s card for the period of crowdfunding campaign. The Backer’s card is charged only if the crowdfunding campaign reaches the financial goal as determined and set by the Creator. 

When using non-instant payment methods, the Backer can change or cancel their Pledge declaration for the Project at any time before the end date of the crowdfunding campaign. 

In the case of instant payment methods, the Backer is charged immediately and cannot modify the Pledge via the Platform. Any cancellation or reduction of the Pledge amount requires direct contact with the Creator of the Project.

In the case of express crowdfunding campaigns, regardless of the payment method used, the Backer is charged immediately upon placing the Pledge. The Backer cannot modify the Pledge or the order via the Platform. Any cancellation, reduction, or other changes to the Pledge or order require direct contact with the Creator of the Project.

In Pledge Manager the Backer determines the amount they wish to Pledge for a particular Project and is charged immediately, regardless of the selected payment method. The exact amount declared by Backer is the amount Gamefound will charge.

In the case of Pledge Manager 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.

The Backer acknowledges that Gamefound is not a store. By making a Pledge, the Backer is supporting the Project, for which they may receive a Reward if the Project is successful. The sole responsibility for delivering any Reward rests with the Creator. Before making a Pledge or placing an order, the Backer should carefully review the Creators' refund and cancellation policy to find in order to fully understand the risks associated with supporting the Project. 

Responsibility for all matters related to shipping and the final delivery of the Reward, rests solely with the Creator. However, upon your request, Gamefound may assist  you in contacting the Creator to help ensure that your concerns are duly addressed.

Using gamefound.com as a Backer is free, however, the Backer acknowledges that they may be charged fees by third parties such as the bank processing the payment of the Backer or the payment operator (e.g., for the currency conversion). The Backer is solely responsible for paying any additional fees or taxes associated with their use of Gamefound Services.

When using Gamefound currency conversion, the Backer acknowledges that applicable fees are expressed as a percentage added on top of the European Central Bank (ECB) exchange rates.

You can read more about Gamefound’s currency conversion and current fees here . 

The Stable Pledge constitutes a voluntary undertaking by the Creator in favor of the Backers. The Program is a binding agreement between the Creator and the Backers. Gamefound is not a party to such agreement, but may exercise the rights set forth in below.

The Creator guarantees that the gross price of each Reward (including all applicable taxes and mandatory charges) and the estimated shipping cost, as declared on the Project page prior to the launch of the crowdfunding campaign, shall not increase by more than ten percent (10%) after the conclusion of the campaign.

In the event that the gross price of a Reward or the estimated shipping cost increases by more than ten percent (10%) after the conclusion of the campaign, each affected Backer shall be entitled to request a full refund of the amount paid for the relevant pledge. Refund requests must be submitted within fourteen (14) days of (i) the Creator’s public announcement of the price change, or (ii) the Creator’s individual notification of the affected Backer(s). The Creator shall refund one hundred percent (100%) of the amount paid by the Backer. This entitlement shall not apply to any increased costs attributable to the Backer, including, by way of example, increased shipping costs resulting from a change of the delivery address requested by the Backer. 

Within the scope of the Program, the Creator shall not:

a) impose any additional mandatory charges or surcharges after the campaign that would increase the Backer’s total cost by more than ten percent (10%) of the declared gross price;

b) alter the scope or composition of any Reward in order to justify a price increase; or

c) engage in any conduct that may be considered manipulation of the price or the value of the Reward in breach of the Program.

Without prejudice to the direct obligations of the Creator towards the Backers, Gamefound may, at its sole discretion:

a) require the Creator to provide full refunds to all affected Backers who have submitted valid refund requests;

b) suspend or cancel the Project’s Pledge Manager or Late Pledge;

c) withhold or delay payouts to the Creator until the breach is remedied, to the extend possible;

d) publicly indicate on the Project page that the Stable Pledge commitment has been breached; and/or

e) suspend the Creator’s account or restrict the Creator’s ability to launch new Projects.

The Backer may delete their account at any time through the account settings. Deletion of the account constitutes termination of the Agreement. In such case, all of Gamefound’s rights survive such termination, as do all provisions of the Agreement that remain in force pursuant to the Terms of Service, the TOSB, and/or generally applicable provisions of Polish law.

If the account is delated before the end date of the crowdfunding campaign, 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 Projects not funded, Gamefound will return the payment to the Backer, except in the case of express crowdfunding campaigns, where the funds are charged immediately.

Deleting the account after the end date of a crowdfunding campaign or after a Pledge is placed and paid does not imply termination of the agreement between the Creator and Backer. The terms and conditions for terminating the agreement between Creator and Backer are determined solely by the Creator’s refund and cancellation policy. Notwithstanding the foregoing, Gamefound may retain certain information about the Backer, in particular, to facilitate shipping or settlement of the Pledge.

Gamefound is not a store. By making a Pledge, the Backer supports a Project rather than purchasing a product. Crowdfunding involves specific risks even if the Project is successfully funded. 

The Creator remains fully liable for the Project, including its implementation and the delivery of Rewards in a form consistent with how they were presented during the crowdfunding or Pledge Manager stage, as well as any delays or other circumstances that may affect the Project or the delivery of Rewards. All terms and conditions regarding refunds, cancellations, liability, and warranties for Rewards are determined individually by each Creator. Each Creator publishes and is bound by their own refund and cancellation policy. While Creators are expected to make reasonable efforts to complete their Projects, they may encounter various obstacles or delays beyond their control that could prevent them from fulfilling all commitments. Therefore, before making a Pledge, the Backer should carefully review the Creator’s refund and cancellation policy as well as all risks associated with the Project. By submitting a Pledge, the Backer accepts the Creator’s policies and acknowledges the risks inherent in supporting the Project.

In the event the Project is successfully funded by Backers, the Creator must implement the Project and fulfill each Reward by estimated delivery date. The Creator is solely responsible for fulfilling the commitments made in the Project. If the Creator fails to meet the terms and conditions of the agreement with the Backer, the Creator may be subject to legal action by the Backers.

Gamefound facilitates the crowdfunding process but is not responsible for the completion of Project and delivery of the Reward. Therefore, all complaints should be directed to the Creator. However, if the Creator does not respond to a Backer’s claims, or if the proposed resolution is not satisfactory, the Backer may request Gamefound’s assistance. Gamefound may provide operational-level support (e.g., contacting the Creator, or facilitating dispute resolution).

In certain cases, it may be necessary to contact Gamefound to initiate a refund, which will then be processed and transferred through Gamefound’s payment partner.

The Creator is fully liable for all content they post on the Platform in connection with the Project. Gamefound bears no legal liability for such content; however, Gamefound will promptly react to any attempts to post illegal, fraudulent, misleading, or otherwise harmful content of which it becomes aware.

The Creator may conduct a Project in cooperation with another individual or entity acting as a collaborator (“Collaborator”). Backers acknowledge and agree that such Collaborator does not bear any legal, financial, or contractual responsibility or liability in connection with the Project. The Creator remains solely and fully responsible for the Project, including its performance, delivery of rewards, and compliance with applicable laws. Any claims, disputes, or demands arising out of or relating to the Project shall be directed exclusively to the Creator.

The TOSB form an integral part of the Terms of Service and apply to Services related to the Backer. All capitalized terms and definitions have the meaning assigned to them in the Gamefound Terms of Service 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 Gamefound Terms of Service is always available to the Backer here.