Terms of Service for Creators

By using gamefound.com as a Creator, the User has to have an active personal account and accept both the Gamefound Terms of Service and these Terms of Service for Creators (“TOSC”). Acceptance of the TOSC, together with the successful completion of the onboarding process, constitutes the conclusion of an agreement between Gamefound and the User. This Agreement enables the User to access and use the features on the Platform specifically intended for Creators.

These Services enable the Creator, among others, to:

- organize and manage crowdfunding Projects on the Platform;

- compose and publish Project information, including descriptions of Rewards visible to Backers;

- define the rules for calculating delivery costs and select delivery methods for  orders placed by Backers within the Project;

- utilize marketing support tools in connection with the Project;

- collect and organize information regarding Rewards selected and orders placed by Backers;

- manage Pledges made within the Creator’s Project;

- receive platform-provided support services, as well as educational and operational content, guidelines, and communications aimed at assisting the Creator in the preparation, management, and execution of Projects conducted via the Platform;

- generate referral links; receive assistance in facilitating the resolution resolving potential disputes with  Backers;

- use the provided infrastructure for communication and refund processing within the Project.

Terms and conditions regarding the Projects are established solely by the Creators and must remain continuously accessible to Backers from the lunch of the Project on the Platform until the delivery of the Rewards has been completed. These terms must clearly include the Creator’s refund and cancellation policy and must not conflict with the Gamefound Terms of Service, or any other applicable Gamefound policies. Furthermore, once a Backer has supported a Project and paid for a Reward, the applicable terms and conditions may not be modified with respect to that Backer unless the Backer explicitly agrees to such changes.

By supporting a Project Backers accept the Creator’s terms and conditions and thereby enter into a binding agreement with the Creator. Gamefound is not a party to such agreement (the agreement is concluded between the Creator and the Backer). The Creator and the Backer are exclusively responsible for fulfilment of the obligation under the agreement, including the provision of support, the delivery of Rewards, and the proper use of the received funds. Gamefound and its payment processing partners do not monitor or guarantee the performance, quality, or timeliness of these obligations and bear no liability in this regard. 

The Creator acknowledges and accepts that if they intend to organize a crowdfunding Project on the Platform, they are also require to use and complete the Pledge Manager for that Project (as the Pledge Manager Service forms an integral part of the crowdfunding process). Gamefound does not offer services for organizing crowdfunding campaign on the Platform without the use of the Pledge Manager.

The Creator may conduct a Project in cooperation with another individual or entity acting as a collaborator (“Collaborator”). Such Collaborator shall 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 for 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.

Certain elements of the Project may become non - editable as its status changes. The Creator acknowledges that:

- project URL cannot be changed at any stage after the Project is published;

- once a draft of the Project has been published, its visibility status can no longer be modified;

- after the crowdfunding campaign has started the funding goal cannot be changed once at least one Backer has pledged;

- after a successful crowdfunding campaign but before the launch of the Pledge Manager, the detailed description of the crowdfunding Project and all Rewards - including descriptions, options, and prices of the Reward and additional purchases (add-ons) - cannot be modified.

For more information, please refer to the Creator’s Guide.

Before a Project is allowed to launch, Gamefound and/or its payment processing partners carry out the verifications of the Creator’s data, business model, credentials, past experience related to crowdfunding projects, ownership structure, as well as the identity of the individual representing the Creator in communications with Gamefound. However, certain Projects may be allowed to launch without undergoing the full verification process. In such cases, the detailed verification will be conducted no later than prior to the disbursement of funds collected from Backers to the Creator.

To complete the onboarding process, the Creator may be required to provide specific documentation, including, in particular, the following:

- articles of association or an up-to-date extract from a public commercial registry containing at least: i) legal name of the Creator, ii) headquarter address details, iii) list of shareholders with ownership stake; 

- if the Creator is represented by a person other than a statutory/legal representative, a power of attorney or other document confirming that such person is duly authorized to represent the Creator in communications with Gamefound and its payment processing partners;

- up-to-date bank document containing bank account details of the Creator, including : i) the name of the account holder, ii) the account number and other necessary information for receiving  international bank transfers, such as the BIC/SWIFT code or routing number, iii) the name and logo of the bank, and iv) the currency of the account;  

- proof of identity for: i) all shareholders who individually hold 25% or more of the shares or voting rights, and ii) the person signing the Agreement. The identity document needs to comply with the following requirements: it must be either a valid Passport (copy of the data page showing the photograph, personal details, and a clearly visible machine-readable zone), or a national ID card (copies of both the front and back sides, saved as separate files, properly cropped, and without a white background);

- the uploaded document must: i) be valid and not expired, ii) be in JPG, JPEG, PNG, or PDF format, iii) have a file size between 100KB (1KB for PDF) and 4MB, and iv) be a full – color image that is properly cropped and straightened;

-  uploaded documents that do not meet required quality and clarity standards are not acceptable. This includes, in particular, documents that are: i) broken or damaged, ii) dirty, illegible, or with a watermark, iii) blurry or overexposed, iv) in black and white, v) containing multiple sides or multiple documents in the single file, vi) uncropped, or showing any background, vii) angled, rotated, sideways, or upside down, viii) overcropped or cut off, ix) digital certificates or electronic versions of physical identity documents; only images of the actual physical identity document are accepted.

All of the documents listed above may be required to be presented in English or Polish. If the original documents are issued in any other language, Gamefound may request the Creator to provide sworn translations into one of the accepted languages.

In order to comply with tax regulations applicable in certain jurisdictions, Gamefound may require the Creator to provide information or a plan regarding Reward shipping, including a description of the Rewards’ path from the manufacturing site to the Backers. This may involve details such as the countries of importation, the location of logistics hubs used by the Creator, and any other information necessary for accurate tax treatment of the Project. The Creator undertakes to provide complete and accurate information and to promptly inform Gamefound of any changes to such information once submitted.

By providing the required documents, the Creator acknowledges and accepts that Gamefound has right to share them with its payment processing partners in order to launch a Project, or, in some cases, prior to the disbursement of funds.

The onboarding process is governed by these TOSC as well as by the rules and requirements set individually by the payment processing partners and made available to the Creator. In particular, the Creator will be required to accept the payment processing partners’ terms and conditions. The list of current payment processing partners and the applicable terms of their services can be found here.  

If the verification process is unsuccessful, Gamefound will not permit the Project to be launched on the Platform, or may withhold the disbursement of funds until the onboarding process is successfully completed.

In cases where full onboarding is required prior to the disbursement of funds, and the Creator fails to complete the process, Gamefound reserves the right to cancel the crowdfunding campaign or the Pledge Manager, and Late Pledge as applicable. In such circumstances, all collected funds shall be refunded in full to the Backers. The Creator may, be required to bear the costs associated with the payment processing fees.

Regardless of obtaining a positive verification result from Gamefound’s payment processing partners, Gamefound reserves the right to refuse to publish, onboard, or continue a Creator’s Project on the Platform if the internal risk assessment of the Creator is negative.

Gamefound’s risk assessment is based, in particular, but not exclusively, on:

- the Creator’s prior performance and delivery history;

- unresolved exposure to Backers due to delayed or undelivered Rewards;

- signs of potentially fraudulent or deceptive behavior, including discrepancies in Project information or suspicious funding patterns;

- indications of unfair transactional activity, money laundering risks, or attempted circumvention of platform rules;

- material deterioration of the Creator’s financial standing to a level that reasonably threatens the Creator’s ability to perform contractual obligations or deliver Rewards to Backers;

- direct or indirect association with individuals or entities previously involved in non-compliant, misleading, or banned campaigns, where such association may give rise to a reasonable concern that the Creator’s future campaign could follow a similar pattern of conduct.

Risk assessment may be carried out not only during onboarding but also at various stages of the Project lifecycle, including throughout the crowdfunding campaign, Late Pledge, and the Pledge Manager phase.

If the risk assessment is negative, Gamefound may, at its sole discretion, deny or suspend Project onboarding at any stage, suspend or terminate an active crowdfunding campaign if risk indicators emerge after launch, or cancel a Project during the Late Pledge or Pledge Manager phase. These actions may be taken without prior notice if deemed necessary to protect the interests of Backers, or to comply with applicable laws and internal compliance procedures.

Gamefound may, at any time, require the Creator to provide additional information (such as primary address, date and place of birth, business registration number, Taxpayer Identification Number, VAT identification number, or details regarding any permanent establishment for tax purposes), as well as supporting documents (e.g., tax residence certificate), as necessary to fulfill Gamefound’s tax reporting obligations.  If the Creator, fails to provide the requested information within 60 days of the initial request, despite having received two reminders, Gamefound shall, in accordance with applicable law, withhold any payouts to the Creator, until the required information is submitted. If withholding payouts is feasible, Gamefound shall be obligated to block the Creator’s ability to continue collecting funds, or to suspend access to the Pledge Manager, until full compliance is achieved. 

After completing the onboarding process, the Creator may submit the Project for revision. In order to launch the first Project, and depending on the type of a specific Project, the Creator is required to provide at least the following information:

- the Creator’s name and contact details (including at least an e-mail address, phone number, and postal address); 

- the Creator’s registered office or place of residence, which must be located in a country supported by Gamefound’s payment processing partners (a list of supported countries is available here) ;

- a detailed description of the Project;

- the financial goal of the crowdfunding campaign; 

- the start and the end date of the crowdfunding campaign on the Platform; 

- a list of products offered as part of the Rewards;

- the estimated timeframe for Project fulfillment; 

- the Creator’s track record;

- a description of the risks and challenges associated with the Project; 

- the Project’s refund and cancelation policy. 

The Creator may not use the Platform to execute the Project or to facilitate payments for products or services offered by third parties. The Creator may only use the Platform  for the purpose of implementing their own Project.

Gamefound shall notify the Creator, via the e-mail address provided during setting up the personal account, of the acceptance or rejection of the Project. The Project may not commence until the Creator has received an acceptance notice from Gamefound. 

The submission of another Project may require the Creator to complete all or part of the information specified in section 2.2 of these TOSC. Gamefound reserves the right to update the Creator's data from time to time or to request additional information regarding the Project.  

Gamefound and its payment partners provide the Creator with the tools to collect the funds from Backers in support the specific Project during the crowdfunding campaigns. The payment procedure is governed by the terms individually specified by Gamefound and its payment partners, which are made available here.

Backers are charged only if the crowdfunding campaign reaches its funding goal. In the case of instant payment methods, Backers are charged immediately, however, if the funding goal is not achieved, Gamefound returns the payment to the Backer. This does not apply to express crowdfunding campaign, under which no funding goal is defined and the funds are charged to the Backer immediately, regardless of the payment method selected.

Gamefound does not guarantee that the amount pledged by the Backer to a Project will be successfully collected. This means that until the Creator actually receives the amounts, all pledged amounts remain provisional. Some Pledges cannot be collected, in whole or in part, due to objective reasons - for example, if a Backer’s credit card expires before the end of the campaign, and they do not update their payment information. Accordingly, Gamefound reserves the right to cancel the Campaign after it ends, even if the fundraising goal was shown as reached, if the total amount actually collected from Backers does not meet the fundraising goal.

Payouts to the Creator are made in accordance with the payout frequency selected by the Creator from the options made available by Gamefound, to the bank account specified by the Creator during the onboarding process and in the currency supported by Gamefound’s payment partners. In the event that the Creator selects a project currency different from the standard currency for the Creator’s country, Gamefound may limit payout frequency to monthly payouts. Additionally, for payouts made in a currency other than the standard currency applicable to the Creator’s country of residence, Gamefound may impose a minimum threshold for a single payout, as determined by Gamefound from time to time. Notwithstanding the foregoing, upon the Creator’s request, Gamefound may process a payout below the minimum payout threshold, in which case Gamefound shall be entitled to deduct from the payout amount any applicable transfer or payment processing fees. Creator may review the default currencies applicable to their country of residence in the list made available by Gamefound here.

In exceptional circumstances, in particular, due to fraud or identifying a suspicious transaction, Gamefound may, at its discretion, request a refund, of some or all of the collected funds. Such refunds will be at the Creator’s cost. In these situations, the Creator is obliged to fully cooperate with Gamefound and take all necessary measures to resolve the issue, including providing all relevant information and documentation, and covering any associated refund amounts and potential costs related (including but not limited to chargebacks).  

The Creator has the right to cancel the crowdfunding campaign at any time before its scheduled end date on the Platform. In such an event, Gamefound will not charge the Backer’s card. If the Backer has used an instant payment method, Gamefound will return the payment to the Backer. This does not apply to express crowdfunding campaign, under which no funding goal is defined and the funds are charged to the Backer immediately, regardless of the payment method selected.

The Creator acknowledges and agrees that changing the end date of the crowdfunding campaign may only occur in exceptional cases and may require to provide additional information or documents to Gamefound. The Creator acknowledges and agrees that Gamefound may implement on the Platform technical solutions, including automatic campaign extension mechanisms such as the “Endgame” functionality, which extend the closing time of the crowdfunding campaign when certain conditions are met (e.g., a new pledge or pledge upgrade is made within the final minutes of the campaign). The purpose of such solutions is to maximize campaign visibility, encourage final contributions, and increase overall funding potential, in accordance with the rules set out by Gamefound.

In case of canceling the crowdfunding campaign and deciding not to pursue funding through the Platform, the Creator is entitled to publish a maximum of two updates on the Project page. After that time, Gamefound may restrict the Creator's access to the Project and its settings. 

If the crowdfunding campaign was successful and the Creator enables it, Backers may continue to support the Project by placing a Late Pledge. A Late Pledge allows i) individuals who did not participate during the original crowdfunding campaign to back the Project at a later stage - typically at the same base price and conditions, but without access to time-limited benefits such as stretch goal or exclusive rewards and ii) Backers of the crowdfunding campaign to modify or expand their existing orders, subject to the Creator’s settings and availability of Rewards. The Backer's payment status will follow the same structure as during the crowdfunding campaign. Once the Project moves to the next phase - the Pledge Manager  - the Backer will be asked to provide the necessary shipping and tax information to proceed with fulfillment.

The Pledge Manager is a tool provided by Gamefound that enables the Creator to manage Backers' pledges after a crowdfunding campaign and to accept new orders during the post – campaign phase. It is used to finalize pledges by collecting essential information such as shipping details, taxes, additional purchases (add-ons), and Late Pledges, as well as to accept new orders from individuals who did not participate in the original campaign.

The Creator may choose between two types of Pledge Manager Services:

- Pledge Manager as part of a crowdfunding campaign hosted on Gamefound, where it serves as an extension of the Project to manage pledges collected during the campaign 

- Pledge Manager for External Platforms, used when a crowdfunding campaign was conducted outside of Gamefound (e.g., on another platform), but the Creator wishes to manage pledges through Gamefound. In such cases, the Creator must complete the onboarding process in accordance with these TOSC. The provisions of section 2.2 ("Submitting the First Project") apply accordingly, except that the Creator is not required to specify a crowdfunding goal or end date on the Platform. 

When the Pledge Manager for External Platforms option is selected, some functionalities may be unavailable or limited.

In exceptional cases - particularly where fraud or suspicious transactions are identified - Gamefound may request a refund of some collected funds, at the Creator’s expense. In such instances, the Creator is obligated to cooperate with Gamefound and take all necessary measures to remedy the situation, including providing relevant information or documentation, and covering all refunds and related costs (including but not limited to chargebacks).

The Creator pays the fees for using some of the Services on the Platform related to the management of the Project. The Creator will be informed about such fees at the beginning of the Project preparation. Gamefound charges Creators a Platform Fee calculated as a percentage of the total amount of payments collected from Backers. 

The Creator acknowledges that, except for Platform fee, they will be also charged the payment processing fee. 

Gamefound and its payment partners will, to the extent possible, deduct all the fees before transmitting the collected funds to the Creator. Gamefound fees and payment processing fees are non-refundable, subject to section 5 below. The Creator is responsible for paying any additional fees or taxes associated with their use of the Platform. The Creator agrees to receive invoices electronically. 

In the event of the circumstances excluding the possibility of transmitting the collected funds to the Creator (e.g., in the event of the Creator's bankruptcy or death), Gamefound shall not make any transfers until the decisions or judgments of competent authorities presented to Gamefound are verified, which will result in the possibility of transmitting funds to the Creator or a third party.

If the Creator doesn’t achieve the financial goal during the crowdfunding campaign, due to reasons beyond the Creator’s control, no fees shall be charged to the Creator.

Up-to-date information about fees can be found here. 

The Stable Pledge Program is a voluntary undertaking by the Creator to ensure price stability for Backers’ pledges. By participating in the Stable Pledge Program, the Creator commits that the gross price of the Reward (including all applicable taxes and mandatory charges) and the estimated shipping cost, as declared on the Project page prior to the campaign launch, shall not increase by more than 10% after the conclusion of the crowdfunding campaign.

Should the declared gross price of the Reward or the estimated shipping cost increase by more than 10% after the campaign ends, any Backer affected by such change shall be entitled to request a full refund of the amount paid for the relevant pledge during crowdfunding campaign. In such cases, the Creator shall refund 100% of the amount paid by the Backer. Refund requests must be submitted within 14 days from the date on which the Creator announces the price change.

For the avoidance of doubt, the Stable Pledge Program shall not apply to situations where, after a Pledge has been made, the effective price payable by a Backer changes due to circumstances on the Backer’s side, such as a change of residence or delivery address, which may affect applicable taxes, duties, or shipping charges.

Within the Stable Pledge Program, the Creator must not:

- introduce additional mandatory charges or surcharges after the campaign that would increase the Backer’s total cost by more than 10% of the declared gross price;

- artificially alter the Reward’s scope or composition to justify a price increase;

- engage in any other conduct that could be considered a manipulation of the price or the value of the Reward in breach of the Stable Pledge commitment. 

If a refund is made under the Stable Pledge Program, Gamefound shall refund to the Creator the Platform Fee related to the refunded pledge.

In the event of a breach of the obligations under the Stable Pledge Program, Gamefound may, at its sole discretion:

- require the Creator to provide full refunds to all affected Backers who have submitted valid refund claims;

- suspend or cancel the Pledge Manager, Late Pledge for the Project;

- withhold or delay payouts until the breach is remedied;

- publicly indicate on the Project page that the Stable Pledge commitment has been breached;

- suspend the Creator’s account or restrict their ability to launch new Projects.

Any form of manipulation, fraudulent or deceptive activity, dissemination of false or misleading information, or any other action artificially influencing the perceived success, funding level, Reward value, or additional benefits of the Project at any stage of its lifecycle is strictly prohibited. This includes, but is not limited to:

- creating or arranging false or self-pledges (e.g., pledges made by the Creator or by third parties acting on their behalf solely to inflate funding);

- misrepresenting the actual support for the campaign;

- using bots or other automated systems to simulate activity;

- coordinating with Backers to cancel or manipulate pledges after reaching the goal;

- misleading marketing, deceptive communications, or any other forms of disinformation at any stage of the campaign, including during the crowdfunding phase, Project execution, or delivery of Rewards, where the purpose or effect of such conduct is to create a false impression of the actual status of the campaign or the degree of fulfillment of obligations towards Backers;

- lowering the funding goal or Reward value, or engaging in other similar manipulation of rewards to reach the funding goal, followed by redirecting traffic to another platform to avoid paying the Platform fee, or otherwise redirecting Backers to external platforms or channels in a manner that undermines the structure or transparency of the crowdfunding process on Platform.

Such activities may result in the suspension or termination of the campaign, Pledge Manager, Late Pledge, or account, withholding of funds, and/or legal action. Gamefound reserves the right to investigate any suspicious behavior and take appropriate measures to protect Backers and preserve the integrity of the Platform.

Gamefound reserves the right to withhold, delay, or conditionally release to the Creator, funds collected during a crowdfunding campaign, Late Pledge, and Pledge Manager if there is a reasonable suspicion that:

- the Creator is engaging in fraudulent, deceptive, or misleading conduct;

- there is an increased risk that the Creator may not deliver the promised Reward or service to Backers, for example due to deterioration of Creator’s financial standing;

- there is a risk that the funds will need to be refunded to the Backers, specifically in the situation where a high volume of refund requests is likely or reasonably foreseeable;

- there is a reasonable suspicion that the funds are subject to investigation, seizure, inclusion in bankruptcy estate, insolvency proceedings, restructuring proceedings, or any similar legal process, or that the Creator is at risk of insolvency or bankruptcy, which may result in the funds being subject to such proceedings or in the inability to deliver products or services to Backers;

- the Creator violates Gamefound’s Terms of Service, these TOSC, or applicable laws.

When Gamefound identifies elevated risk factors Gamefound may, at its sole discretion:

- require the Creator to provide additional documentation, such as production agreements, fulfillment timelines, or manufacturing estimates;

- require permits, or other authorizations issued by relevant authorities or regulatory bodies;

- hold a portion of the funds in escrow or on a milestone-based release schedule;

- request personal or company guarantees to ensure Reward delivery;

- restrict withdrawals or temporarily suspend some account functionalities.

Gamefound will notify the Creator via email and without undue delay of any decision to withhold funds, restrict account access, or apply additional safeguards, and will provide the reasons for such action. Depending on the nature of the Project, the Creator’s track record, or the level of identified risk, Gamefound may, at its sole discretion, require the Creator to provide additional guarantees or security for potential refund or chargeback liabilities. Such security may take the form of authorizing Gamefound to charge the Creator’s credit card, a cash deposit, or any other form acceptable to Gamefound. 

Creators may submit a written explanation, objection, or request for review through Gamefound’s internal dispute resolution mechanism, by contacting the legal department via form available here . Gamefound will review such submissions and respond within a reasonable timeframe, and in any case no later than 10 working days. Following the review, Gamefound may uphold, amend, or revoke its original decision based on the outcome of the legal assessment.

Suspended funds will remain with the payment processor until the circumstances requiring the suspension cease to exist, or, where appropriate, be returned to Backers. Under no circumstances will Gamefound transfer such funds to its own bank account.

Gamefound shall not be liable for any loss, damage, or missed payment arising from the application of these risk-based measures, provided such actions are taken in good faith and for the purpose of protecting Users, preventing the Creator from violating applicable laws, and safeguarding the integrity of the Platform.

The Creator is obliged to act in a transparent, reliable, and honest manner towards both Backers and Gamefound, providing true, current, and complete information about the Project, its progress, and any changes that may affect the delivery of Rewards. The Creator must respond to inquiries, messages, and requests for information from Backers and Gamefound in a timely and substantive manner. The Creator must promptly inform Gamefound and Backers of any significant issues or circumstances that may affect the timely and proper delivery of Rewards.

The Creator is required to regularly publish updates on the Project’s page, covering in particular:

- progress in execution;

- encountered difficulties;

- planned changes to the schedule and revised expected delivery dates;

In the event of non-compliance with the above obligations, Gamefound may take measures it deems appropriate to address the situation, which may include actions affecting the Creator’s access to or ability to use certain Platform services, delaying or withholding disbursement of funds, or other steps aimed at ensuring compliance with these TOSC and protecting the integrity of the Platform. The scope, nature, and timing of any such measures shall be determined solely by Gamefound at its discretion.

If a Creator uses generative artificial intelligence (AI) tools (including but not limited to AI-based text, image, video,), to produce any content published on their Gamefound Project page (such as campaign descriptions, visual assets, promotional videos, or other marketing materials), or in the creation or development of the product offered as part of the campaign or Pledge Manager (particularly where AI contributes to visual, textual, narrative, mechanical elements), they must clearly disclose this fact on the Project page. Such disclosure must:

- identify which specific elements of the content were generated using AI;

- be visible to Backers before pledging begins;

- maintain clarity and transparency in how the Project is presented.

If a Creator fails to disclose the use of generative AI in content posted on their Gamefound project page, Gamefound may, at its sole discretion:

- suspend the visibility of the Project on the platform, making it temporarily inaccessible to Backers;

- temporarily hide or suspend the campaign; 

- issue a public notice to Backers about the missing disclosure;

- restrict the Creator’s account or some functionalities;

- exclude the campaign from Platform promotions.

Repeated or intentional violations may result in permanent removal from the Platform, especially if the lack of disclosure misleads Backers or infringes third-party rights.

Gamefound is not responsible for the content provided by the Creator on the Project page, including any information or claims relating to the use of generative AI. All content remains the sole responsibility of the Creator.

The Creator may delete their account or Project at any time through the account settings. In such case, all rights of Gamefound with respect to any content submitted to the Platform by the Creator shall survive such termination, as shall any provisions of the Agreement that remain in force due to Terms of Service, these TOSC, and/or generally applicable Polish law provisions.

 If the account or the Project is deleted before the crowdfunding Project’s end date, except in the case of express crowdfunding, Gamefound shall immediately cancel any reservation of a charge on the Backer’s payment card, or if the Backer has chosen an instant payment method, refund the payment to the Backer.

If the Creator deletes their account or Project before the crowdfunding Project’s end date, or after its end but while the Pledge Manager, Gamefound reserves the right to retain  the Creator’s data and the Project’s data on the Platform and/or to share such data with Backers in order to enable them to receive the Reward from the Creator. In such cases, Gamefound may archive the Project page and keep the Project’s track record publicly visible. 

The Creator is fully liable for all content they post on the Platform in connection with the Project. While Gamefound is not legally liable for such content, it will promptly respond to any attempts to post illegal, fraudulent, misleading content, or any other content that may harm the interests of third parties, once it becomes aware of such activity. In such cases, Gamefound will take measures aimed at protecting the interests of Backers, third parties and safeguarding Gamefound’s reputation. Gamefound also reserves the right to suspend or cancel the Project if its implementation would violate the Terms of Service, these TOSC, or any other applicable legal provisions.

The terms and conditions governing liability and warranty for delivery, or any defects in the Reward are established independently by each Creator. Where a Project is successfully funded by Backers, and the Creator has received the funds, the Creator  is obliged to implement the Project and deliver Reward by its estimated delivery date. The Creator bears sole responsibility for fulfilling all commitments made in their Project. If the Creator fails to meet the agreed  terms and conditions of the agreement with the Backer, the Creator may be subject to legal action initiated by the Backers. 

The Creator is solely responsible for determining, calculating, and paying all taxes, public charges, and other statutory amounts required by applicable law.

By using Services provided by Gamefound, the Creator grants Gamefound the worldwide, non-exclusive, perpetual, irrevocable, sublicensable, and transferable license to freely and without limitation use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights to the fullest extend necessary to properly and effectively perform Services. This license applies in particular to the following fields of exploitation: 

- reproducing the Project and the Reward to the extent that it is necessary for display, use, and ordinary use of the Platform across all devices, including personal computers, mobile phones, tablets, etc.;

- disseminating the Project, the Reward, and their elements through the Platform;

- creating, reproducing, adapting, modifying, and disseminating derivative works of the Project, the Reward, and/or any of their through the Platform;

- using, reproducing, and disseminating the Project for the purpose of UX and UI aimed at improving the functionality of the Platform;

- using, reproducing, and disseminating the information about the Project published by the Creator to the public, including, in particular, on  social media, Platforms, and other mass communication channels via the Platform and other media, in particular, including Gamefound’s social media, for the purpose of informing about the Project and providing marketing and promotional services related to the Project.

Moreover, Gamefound is entitled to use information about the Project, the Reward, and the Creator for commercial purposes, without limitations, across the full scope of its business activities, and for the period of five (5) years following the termination of the Services. Gamefound may publish above - mentioned information on the Platform and in other media channels for advertising and promotional purposes.

The materials published by the Creator on the Platform, including the content of the Project, must not infringe the rights of other Users or third parties, including those resulting from the Act on Copyright and Related Rights or the Industrial Property Act.

A copyright infringement can be reported in accordance with the Terms of Service Section 5 Combating Illegal Content and Restrictions on Use on the Platform, using appropriate form available here.

In the event that a third party or another User reports any legitimate claims against Gamefound for infringement of their rights arising from the Creator's actions, including intellectual property rights to the materials posted on the Platform, the Creator, who is the subject of the notification, shall, at their own expense and risk, take all necessary measures to duly protect Gamefound against such claims.

In particular, the Creator undertakes to substitute Gamefound in such proceedings, or, if substitution is not possible, to join Gamefound as a party in those proceedings. The Creator further undertakes to indemnify and hold Gamefound harmless for all costs incurred in connection with such claims, including, without limitation, legal fees, and any amounts Gamefound is obliged to pay to a third party or another User pursuant to a final court judgement or a settlement agreement concluded with the Creator’s participation.

The TOSC is an integral part of the Terms of Service and applies to Services related to the Creator. All capitalized words and definitions have the meaning given to them in the Gamefound Terms of Service  unless expressly stated otherwise in the TOSC. The Gamefound Terms of Service shall apply in this TOSC accordingly. In case of discrepancies between the Gamefound Terms of Service and the TOSC, the TOSC shall prevail.

The current version of  these Terms of Service for Creators is always available to the Creator on the Platform here.