Terms of Service

These Terms of Service define the conditions you must accept in order to use our Platform, available at https://gamefound.com/. By creating an account, following a Project, submitting a Pledge or placing an order you acknowledge the you have read, understood, and agree to be bound by these Terms of Service. 

The Platform is operated by Gamefound sp. z o.o., with its registered office in Wrocław (50-079), Poland, at ul. Grabarska 2, registered in the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna, VI Commercial Division of the National Court Register under KRS number 0000778227, with Business Entity Statistical Number (REGON): 382893080, Polish Tax Identification Number (NIP): 8971865043, and share capital of 84 250.00 PLN; („Gamefound”). 

You can contact us at: [email protected].

Agreement - a contract between a User and Gamefound for the provision of services via the Platform based on the Terms of Service and the other arrangements made between the parties, if applicable.

Backer - any User who has submitted the Pledge to a Project and is thereby entitled to access and use certain functionalities dedicated for Backers. 

Buyer - any User taking steps to purchase, or purchasing Goods in the Store on the Platform.

Consumer - a natural person who performs a legal transaction with an entrepreneur that is not directly related to their business or professional activity.

Creator - any User who has completed onboarding and created at least one crowdfunding or Pledge Manager Project.

Goods - items, services or rights that are subject to an Offer.

Offer - a proposal to conclude a contract for the sale of goods on the terms specified by the Seller, in particular including the price and description of the offered Goods, through the functionalities of the Stores on the Platform.

Platform - the website available at https://gamefound.com/.

Pledge - any cash sum contributed by the Backer in order to fund a Project.

Reward - any product or service offered by the Creator to Backers in exchange for their Pledge to the Project.

Project - any initiative led by the Creator and made available online on the Platform.

Seller - any User taking actions aimed at selling, or selling Goods in the Store on the Platform.

Service - services made available to Users on the Platform, including, in particular, services provided electronically by Gamefound under the Agreement, and these Terms of Service, services enabling the creation of, or participation in, crowdfunding Projects, access to a Pledge Manager, and ability to sell or buy in Stores on the Platform. 

Store - a section on the Platform where the Seller offers Goods to Buyers, under separate Terms of Service for Stores.

User - means any adult natural person with full legal capacity, legal person, or organizational unit without legal personality that is recognized by law as having legal capacity, who uses the Platform and concludes the Agreement by following a Project, submitting a Pledge, placing an order, or creating an User account. A natural person without full legal capacity may become a User only after obtaining the consent of their legal representative. Gamefound is not responsible for the actions and consequences of the actions of persons referred to in the preceding sentence if they act without such consent.

All of the above definitions may be used in both singular and plural forms, as applicable.

Use of the Platform may take place either with or without the creation of a registered User account, subject to the Terms of Service.

Creating a User account on the Platform is voluntary and enables access to additional functionalities offered by the Platform. Notwithstanding the foregoing, creating and maintaining a registered User account is mandatory for Users acting as Creators.

Where the Platform is used without a registered User account, the User may follow a Project, submit a Pledge to a Project, place orders, provide shipping and contact details, provided that, prior to or at the time of performing any of the foregoing actions, the User accepts the applicable Terms of Service and Privacy Policy. In such case, an Agreement for the provision of Services is concluded in electronic form between the User and Gamefound at the moment the User accepts the Terms of Service and Privacy Policy. Use of the Platform without a registered User account is subject to certain limitations. In particular, such Users may be restricted from accessing specific functionalities, including, without limitation, posting comments under Projects, modifying or managing submitted Pledges or orders after completion, and accessing selected account-based or community-related features of the Platform.

Gamefound reserves the right to define, modify, or limit the scope of functionalities available to Users without a registered User account at any time, in accordance with the Terms of Service.

To create an account,  the User must complete the registration process by providing Gamefound with current and accurate information (e-mail address). During registration, the User: (a) is required to confirm their e-mail address, choose a password to the User account, agree to all the terms of the Platform set out in the Terms of Service and Privacy Policy, and undertake to comply with them; and (b) may create a nickname. Nicknames must comply with Gamefound community guidelines and may not be offensive, obscene, refer to controversial figures, infringe the rights of third parties, or impersonate other individuals. If a nickname does not meet these requirements, Gamefound reserves the right to change it and disable the option of editing it or -ultimately- delete the account.

Once the registration process is completed, the User must log in to their account using their e-mail address and password in order to use the Platform in order to access and use the full functionality of the Platform, without prejudice to the User’s ability to use certain limited features of the Platform without registering an account, as provided elsewhere in this Agreement.

Each User may have only one User account. The User is responsible for maintaining the confidentiality of their login credentials and should not share their password with any unauthorized third party. If the User chooses to share their password, they do so at their own risk, and Gamefound shall not be liable for any consequences arising from such action.

In the event of a dispute regarding account ownership where the rightful owner cannot be clearly determined based on the information available to Gamefound, the Platform will not be obliged to resolve such dispute. Gamefound may, however, request additional information or documentation necessary to verify account ownership. Until the dispute is resolved, Gamefound reserves the right to suspend access to the account, restrict certain functionalities, or take any measures it deems appropriate to protect the security and integrity of the Platform. If the dispute cannot be satisfactorily resolved, Gamefound may, at its sole discretion, maintain the suspension or delete the account. Gamefound shall not be liable for any losses or consequences arising from such measures.

In the case of legal persons and organizational units, only a person who is authorized to act on behalf of such entities may create an account on their behalf.

Upon the successful creation of an account on the Platform, an Agreement is concluded in electronic form between the User and Gamefound, the subject of which is the provision of Services.

The Platform is available 24 hours a day. Access to a specific Project or Store may be limited or cut off at the sole discretion of the Creator or Seller. For substantial reasons, in particular due to technical issues or maintenance works, Gamefound may temporarily suspend the operation of the Platform or certain features, resulting in limited or unavailable functionality. 

Additionally, interruptions or delays may occur due to failures or disruptions on the side of external service providers, including hosting providers, payment processors, or other third-party systems integrated with the Platform. Gamefound shall not be liable for any unavailability, delays, or malfunctions resulting from such third-party service disruptions.

Without being logged in, the User may browse the Platform, view Projects, follow the Projects, support Projects by submitting a Pledge or placing an order, and contact Gamefound or submit inquiries about the Platform, provided that the User accepts the applicable Terms of Service and Privacy Policy where required.

When logged in to a registered User account, the User may additionally edit account information, comment on Projects, manage submitted Pledges or orders, follow Projects, receive newsletters and notifications, and access other account-based functionalities available on the Platform. 

In the case of Projects conducted in collaboration with another individual or entity, Users may also receive Platform-generated newsletters, notifications, and other updates relating to such collaborative Projects or the collaborating Creators’ activities on the Platform. Such communications are issued solely by Gamefound through the Platform and do not involve any sharing or exchange of Users’ personal data between Creators. If the User wishes to stop receiving newsletters or updates about the Projects, the User may unsubscribe at any time by updating the relevant settings in their account. 

Upon creating an account, the profile page is automatically generated by Gamefound. By default, the User’s profile is public to other visitors on the Platform, but it can be switched to private at any time through the account settings. Information visible on the User’s public profile may include, in particular: nickname, avatar, profile description (including links to social media), any information the User adds to the profile, comments posted on the Platform, Projects created, followed or backed, and profiles the User follows or by which the User is followed. The following data will not be publicly displayed on the public profile: User’s name, date of birth, payment information, IP address, pledge amounts, chosen rewards, identity verification documentation, and communications sent directly to Gamefound.

When using the Services offered on the Platform, Users may assume various roles and engage in different activities, such as participating in crowdfunding, managing pledges, or conducting transactions in online stores. Each role entails specific responsibilities and may require additional information and accepting separate terms applicable to that role. Users will always be informed of the need to accept such separate terms before engaging in the relevant activity.

Creating an account on Gamefound and using the Platform is free of charge for the User. Certain services offered on the Platform, however, may be subject to fees or require additional actions. In such cases, the User will be informed of applicable fees or required actions prior to using the respective services.

The use of electronic services on the Platform, due to the transmission of data via the public Internet, involves the risk of unauthorized third–party interference with data exchanged between Gamefound and the User.

Gamefound is committed to making the Platform accessible and user-friendly for all Users, including those with special needs. We make every effort to ensure that our services and functionalities can be used in an accessible manner, in particular by applying solutions that support clarity, readability, and compatibility with assistive technologies. Within the scope of our legal obligations, Gamefound ensures that the Platform complies with applicable accessibility requirements. If you encounter any issues related to accessibility or have suggestions for improvements, you may report them to us using the contact form available here . We will review each report and take appropriate action to resolve the issue.

To ensure that Users can use the Platform in safe environment, Gamefound makes every effort to promptly remove prohibited content from the Platform once it becomes aware of such content and has verified it.

Prohibited content means any information that, by itself or by reference to a specific action, is not in compliance with generally applicable law. Prohibited content may include, in particular, materials that infringe copyrights, content that is discriminatory, offensive, vulgar, incites hatred, or otherwise violates personal rights, as well as presentation of Projects or Goods, and related information, that fail to meet specific legal requirements or infringe the rights of other entities.  

By using the Platform, each User undertakes not to provide, transmit, or publish prohibited content and is obliged to use the Platform in compliance with applicable law, principles of social coexistence, and Gamefound content policy described in these TOS. Furthermore, the Users shall not take any actions aimed at compromising the security of the Platform. 

Users are prohibited from publishing or presenting any content that violates generally accepted ethical, or moral standards, in particular inciting or promoting hatred, violence or any form of discrimination, including on the basis of nationality, skin color, beliefs, religion, worldview, promoting authoritarian and totalitarian systems, as well as any content praising or supporting such behavior or systems. 

When posting any information about the another User or the Project on the Platform, the User must refrain from disseminating false, misleading, or inaccurate information and must avoid focusing on competitive offerings. 

Sharing personal experience and opinion is permissible, provided that constructive criticism and a respectful tone are maintained and opinions are not manipulative or provocative, inciting negative behaviors among other Users. Opinions regarding a given Project or product should be relevant and directly related to that Project under which they are posted. The comments section may be restricted by allowing commenting privileges only to Users who have supported the Project or made purchases in Stores, or may be restricted due to a User’s violation of this Section 5.

The User undertakes not to provide unlawful content and not to offer unlawful Goods, or any content/Goods that may adversely affect the security of the Platform or harm the other Users. The following categories of content and Goods are strictly prohibited:

- fake/counterfeit content, or any content infringing third - party intellectual property rights;

- sexual or abusive content;

- drugs and related products;

- weapons, explosives, ammunition;

- content encouraging the use of real money for gambling;

- charities;

- medical products or services;

- financial products or services;

- alcohol and tobacco products;

- illegal products or services;

- pyramid schemes related to products or services;

- prohibited content included in the list of prohibited items published by Gamefound payment processing partners (see: https://www.adyen.com/legal/list-restricted-prohibited)

- content considered offensive or harmful, including but not limited to:

- mean - spirited content intended to humiliate, intimidate or harm a target group or individuals;

- content targeting groups based on race, religion, sexual orientation, gender national/ethnic origin, or similar personal characteristics;

- content encouraging or promoting real-life violence or hatred;

- content encouraging or promoting illegal activities or providing advice that could result in harm, the commission of an offence, or criminal act;

- pornographic content;

- content encouraging or promoting radical ideologies;

- content encouraging or promoting gambling (or any within-campaign gambling mechanism);

- content that would be rated “18+” under the comparable content policies and rating systems widely recognized within the European Union;

- content containing personal data of the User or another person;

- content being direct attacks on other Users;

- content constituting political or religious agitation;

- content encouraging, promoting, or displaying violence, brutality, or hatred in an overly aggressive manner.

As an additional guideline for determining what is acceptable on the Platform, Gamefound applies a standard similar to the ESRB “Mature 17+” rating as the upper limit for acceptable content.

Gamefound expressly reserves the right to adapt and interpret this content policy as it is deemed necessary to protect the integrity of the Services, its brand, and the company values as Gamefound understands them.

By using the Platform, the User undertakes, in particular, to:

- refrain from any actions that may impede or disrupt the functioning of the Platform, including but not limited to destroying, altering, removing, damaging, or obstructing access to the accounts of other Users;

- comply with copyrights and rights arising from the registration of inventions, patents, trademarks, utility and industrial designs of Gamefound, other Users, and third parties, unless the User has permission from the rightful owner or is otherwise legally entitled to use the content (and is able to effectively grant Gamefound the necessary license rights);

- refrain from any actions that would violate the privacy of any other Platform User or third party, in particular by collecting, processing, or disseminating information about other Users or third party, without their express consent, except when these activities are in accordance with the law and the provisions of Terms of Service, Terms of Service for Creators, Terms of Service for Stores or Privacy Policy;

- refrain from distributing unsolicited or unauthorized advertising or commercial information;

- refrain from sending the same message multiple times (spam) or many different messages in very short intervals (flooding), and from duplication (duplication) of threads;

- refrain from posting false, misleading, or inaccurate information, offering products that are illegal, or prohibited, violating any of Gamefound’s policies or any applicable law, statute, ordinance, or regulation; or posting links or redirects to websites, platforms, or online resources that are illegal or contain content prohibited under this Content Policy;

- refrain from posting content containing personal data, including but not limited to bank account numbers, account identifiers, payments card details, or similar information, as well as any links that directly or indirectly refer to platforms, websites, or services where such information is provided, processed or requested;

- refrain from conducting public collections within the meaning of the applicable law, in particular the charity.

Gamefound does not perform prior or automated identification and verification of prohibited content, and any decisions aimed at combating illegal or prohibited content are made after receiving information about its occurrence.

Creators are responsible for ensuring that all Rewards or Goods offered through the Platform comply with applicable product safety regulations, including the EU General Product Safety Regulation (GPSR), if required, and any relevant national laws. 

In particular, Creators undertake to ensure that:

- all products delivered to Backers are safe under normal or reasonably foreseeable conditions of use;

- products comply with all relevant harmonized standards and sector-specific safety requirements in force at the time of production and delivery;

- products are accompanied by all required documentation, instructions, safety warnings, and conformity markings (e.g. CE marking, where applicable);

- products do not infringe the rights of third parties and are not counterfeit, defective, or otherwise non-compliant with legal requirements.

Any liability for defective, unsafe, or unlawful products rests solely with the Creator.

If you identify prohibited content, illegal activity or a product that appears unsafe or non-compliant with applicable product safety standards on our Platform, you have the right to report it to us electronically by using the appropriate form available here.  Gamefound will promptly review such notifications and take appropriate action, including informing the relevant Creator, restricting access to the reported content or product, or, where required, notifying competent market surveillance authorities. In the event of frequent or obviously unfounded reports, Gamefound has the right, after an unsuccessful warning, to suspend consideration of your reports and complaints for a period up to 12 months.  

In the event that the User violates any applicable law or Gamefound terms, Gamefound is entitled to issue a warning to the User. A warning serves as notice that, in the event of further violation of the Gamefound terms or any applicable law, Gamefound may limit the User’s rights to use certain functionalities or suspend the User’s account. Notwithstanding the foregoing, Gamefound may, without prior notice, edit, remove or other way prevent access to the content, Reward, or Goods that violates the abovementioned provisions. 

In some cases, particularly in the event of a gross or repeated violation of applicable law, or Gamefound terms, Gamefound has the right, without prior warning to the User, to limit or block the User’s access to the Platform by:

- suspending the ability to publish content on the Platform, 

- denying publication of the content, 

- removing the content from the Platform, 

- to limit the User’s access to certain functionalities, or 

- to suspend or delete the User’s account.

 

Gamefound will promptly inform the User concerned about any restrictions applied to their account, and will provide the justification for the decision along with its legal basis. 

If you are the recipient of any Service provided on the Platform, including if you have reported prohibited content, and you do not agree with Gamefound’s decision or its justification, you have the right to submit a complaint within 6 months of being informed of the decision. We will review your complaint and provide a response as soon as possible. Complaints should be submitted electronically via our contact form by selecting the complaint submission option available here.  

The law obliges Gamefound to take the actions specified herein or provide specified information if Gamefound receives an order from an authorized judicial or administrative authority. In this case, if these actions concerns the User or the content submitted by the User, Gamefound will inform the User of the receipt of such an order within the time specify therein, and if no deadline is indicated, then no later than at the time when the relevant content moderation activities are undertaken. 

Stretch Pay is a functionality available on the Platform that enables Backers to split their pledge payment into a predefined number of installments. The availability of Stretch Pay for a given Project, the number of installments, and the minimum pledge amount required to use installments are determined exclusively by the Creator, within the functionalities of the Platform. The conditions of Stretch Pay are the same for all Backers of a given Project.

Stretch Pay may be used only if the pledge amount exceeds the minimum threshold specified by the Creator. If this condition is met, the Stretch Pay option will be visible to the Backer at the time of selecting a payment method.

 

The use of Stretch Pay does not affect the Backer’s credit score or credit history.

Upon selecting Stretch Pay, the Backer will receive by e-mail the full payment plan, including the number of installments, due dates, and amounts. The Backer may preview the payment plan at any time in the “Your pledge” section.

 

Installments are collected automatically by the payment processor in accordance with the agreed schedule. The Backer may also at any time pay off the remaining amount in full or switch to another payment card.

If Stretch Pay was enabled during the campaign and the Backer wishes to switch their payment from a regular payment method to installments, they must modify their pledge (e.g., add and then remove an item), save changes, and select Stretch Pay as the payment method.

As long as the crowdfunding campaign is live, Backers may cancel their pledge, in which case they will not be charged for any installments. This rule does not apply to express crowdfunding campaigns where the payment is collected immediately upon pledging and Backers cannot cancel or modify their pledge in the system once it has been submitted.

After the crowdfunding campaign has ended, the Backer may either pay off the outstanding amount in full and disregard the installment plan, or contact the Creator to request a refund, if such a refund is permitted under the refund and cancellation policy established by the Creator. Gamefound is not responsible for setting or enforcing the refund and cancellation policy which remain at the discretion of each Creator.

Backers may hold multiple installment plans simultaneously. Once a plan is fully paid, the Backer may initiate a new one if offered by the Creator. It is also possible to upgrade an existing installment plan; in such case, the previous plan will be marked as completed, and a new plan will be generated. The availability of multiple or upgraded plans depends on the conditions established by the Creator.

Stretch Pay is a purely technical payment functionality. Gamefound does not act as a creditor, lender, or financial intermediary, and does not provide financing to Backers. Stretch Pay does not constitute consumer credit, a loan, or any other financial service within the meaning of the applicable provisions of law, including Directive 2008/48/EC on credit agreements for consumers and the Polish Act on Consumer Credit of 12 May 2011.  The use of Stretch Pay does not involve the accrual of interest, commissions, or any hidden charges to Backers. Backers only cover the exact value of their pledge, divided into installments.

Gamefound is not a party to the contractual relationship arising from the use of Stretch Pay. All conditions regarding the availability of installments, the number of installments, the minimum pledge threshold, and potential refunds are determined exclusively by the Creator, provided that such conditions do not conflict with mandatory consumer protection laws. Gamefound shall not be liable for any Backer’s inability to meet installment payments, nor for any disputes between Backers and Creators regarding refunds or modifications of installment terms.

The User may delete their account at any time through the account settings. Deletion of the account constitutes termination of the Agreement. In such a case, all provisions of the Agreement that, pursuant to these Terms of Service and/or generally applicable Polish law, are intended to survive termination shall remain in force.

Gamefound reserves the right to suspend or delete the User’s account with immediate effect in the event of any violation of these Terms of Service or any other applicable legal provisions. Gamefound will inform the User of the suspension or deletion of their account by sending an email containing a description of the specific reasons for the action. 

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. Deleting an account does not affect the contracts concluded between Seller and the Buyer before its deletion. The User shall be informed about the termination of the Agreement via email sent to the address provided by the User in the registration process. Notwithstanding the foregoing, Gamefound may retain certain information about the User as required by the law or as necessary for its legitimate purposes.

The User who is a consumer (including a sole entrepreneur with consumer status) 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 an Agreement concluded remotely is 14 days from the date of its conclusion. To meet this deadline is sufficient to send a relevant statement before its expiry. This may be done, for example, by using the standard withdrawal form (which is not obligatory), set out in Appendix no. 1 to these Terms of Service, available here,  which the User may send to Gamefound via e-mail.

In the event of an assignment of the rights to the Platform by Gamefound to another entity, Users who are not consumers hereby agree to the transfer of Gamefound’s contractual rights and obligations by the successor. Users who are consumers (including a sole entrepreneur with consumer status) will be informed via email about the intended assignment of the contractual rights and obligations. Failure to object within 14 days will be deemed the User’s 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 such a case, the User must inform Gamefound of intended assignment via email. If Gamefound does not object within 14 days, the assignment shall be deemed approved. An objection form Gamefound within this period shall be deemed termination of the Agreement.

If the assignment involves transferring a Creator’s Project to another entity, such transfer may be subject to additional requirements, including obtaining specific consents, providing required documentation, and completing the onboarding process for the new entity.

Gamefound is not liable for any disruptions in the proper functioning of the Platform and any loss of the Users data caused by force majeure, third parties, and/or by Gamefound's efforts to improve the Platform's functionality.

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 Platform constitute commercial information, not an offer in the meaning of the Polish Civil Code.

The contract between Users and their counterparts regulates their bilateral relationship, to which Gamefound is not a party. Consequently, Gamefound is not liable for any acts or omissions of the parties involved, nor for any breach of such contract, particularly concerning in relation to project performance, Reward delivery, or the sale of  Goods. Gamefound does not guarantee that products will be delivered within the specified timeline. 

Furthermore, Gamefound is not responsible for the quality, safety, legality, or conformity of any Rewards or Goods, nor for the accuracy or completeness of project descriptions, communications, or representations made by Creators or Sellers. Gamefound does not assume liability for delays, cancellations, changes in project scope, intellectual property infringements, or any damages, losses, or disputes arising from the contractual relationship between Users and their counterparts. Gamefound is not responsible for reimbursing payments made by Users, as such payments are transferred directly to the respective accounts of Creators and Sellers. The reimbursement terms are determined individually by each Creator and Seller. 

In case of any issues, Users should contact the relevant contractual counterparty. If the matter cannot be resolved, Users may then seek assistance from Gamefound.

The User agrees that, to the extent permitted by generally applicable provisions of Polish law, Gamefound shall not be liable for any third parties engage to provide services in connection with the performance of this Agreement. 

Gamefound shall use its best effort to provide Users with  high - quality services, however, it does not warrant that the Services or the Platform will operate without interruption or errors at all times, particularly as Gamefound is dependent on third -party contractors and suppliers. In the event that a User encounters any technical problems while using Platform, or raises any reasonable objections concerning the Services, the User shall promptly notify Gamefound by submitting a complaint through the contact form available here.

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

Gamefound will reply to the User message via e-mail without undue delay, and no later than 14 days from the date of receipt. The response will indicate the cause of the problem and suggest the best possible solution for its removal, or inform the User that Gamefound is working on eliminating the problem and provide an estimated timeframe for resolution. 

If the User’s case has not been satisfactorily resolved, or if the problem occurs again, the User has the right to request a review of Gamefound’s initial response. To do so, the User should use the above-mentioned contact form. 

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

The materials published by a User on the Platform, including the content of a Project, may not infringe the rights of other Users or third parties. Copyright infringements can be reported using the contact form available here.

In the event that a third party or another User reports any legitimate claims against Gamefound for infringement of their rights resulting from a User’s actions, including infringement of intellectual property rights related to the materials posted on the Platform, the User concerned undertakes, at their own expense and risk, to take any legal steps to ensure the due protection of Gamefound against such claims. 

In particular, the User undertakes to indemnify and hold Gamefound harmless, or, if this is not possible, to join Gamefound in any proceedings brought against it. The User further undertakes to reimburse Gamefound for all costs incurred in connection with such claims, including but not limited to legal fees and any amounts Gamefound may be required to pay to a third party or another User pursuant to a valid court judgment or a settlement concluded with the User’s participation.

The minimum technical requirements, for cooperation with the ICT system used by Gamefound, including the use of the Platform and the conclusion of the Agreement for the provision of Services are as follows: (a) connection to the Internet, (b) having devices enabling the use of Internet resources, (c) for Users registered on the Platform, an active e-mail account.

Gamefound ensures the proper functioning of the Platform for Users through the most popular and the up-to-data 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 or browser with the Platform, please use the contact form, available on the Platform.

The use of third-party software affecting browser operation and functionality may interfere with the proper functioning of the Platform. Therefore, to ensure full functionality, such software should be disabled. 

Search results and presentation order of items on the Platform are determined by sophisticated algorithms that consider various factors, such as the User’s past engagements, including followed projects and purchase made. The positioning of Projects or Offers is not influenced by any fees charged to Users. The search results or order in which Projects or Offers are presented are never due to Users' fees. 

 

Gamefound is entitled to unilaterally amend the Terms of Service in the event of the following important reasons: (i) organizational, business, or legal changes, (ii) changes of the law or interpretation of legal provisions, (iii) modifications to the Platform's functionalities, provided that such amendments are intended to align the Terms of Service with those functionalities, (iv) editorial changes.

If Gamefound makes changes to these Terms of Service, Gamefound will post the updated Terms of Service on the Platform and provide the User with notice of the modifications by e-mail or by message visible in the User’s account on the Platform, at least fourteen (14) days before they become effective. The User will be bound by the provisions of the amended Terms of Service unless the Agreement is terminated  within 14 days from the date of notification of the changes. To terminate the Agreement, the User must notify Gamefound of the decision not to continue using the Platform under the updated conditions. Following such notification, the User may lose access to the Platform, and Gamefound will be entitled to delete the User’s account as of the effective date.

Any amendment to the Terms of Service, to the extent that it relates to a former Backer’s actions and decisions regarding a Pledge made on the Platform prior to such amendment, shall not affect the legal conditions (Terms of Service) applicable at the time of those actions and decisions. Amendments to the Terms of Service shall not affect any Sales Contract concluded by the customer before the date of such amendments. 

The current version of the Terms of Service is always available on the Platform here.

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

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 arising from the application of this Agreement shall be submitted to a competent Polish court. In the case of Users who are entrepreneurs, the competent court shall be the court having jurisdiction over the seat of Gamefound.  

The provisions of the Terms of Service concerning consumer rights shall apply accordingly to natural persons conducting sole proprietorships who conclude the Agreement directly unrelated to their business activity, provided that the content of the Agreement that it is not of a professional nature for them. Nothing in these Terms of Service shall be interpreted as limiting or excluding 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 shall be applied and construed so as to ensure that such Users may exercise their rights. Gamefound stipulates that it is not permissible for a User to act simultaneously as a natural person and as a professional under a single Agreement. Separate purchases of a professional and non-professional nature must be made independently.

The consolidation, security, accessibility, and confirmation of the content of the distance agreement concluded with Gamefound by a User who is a consumer (including a sole entrepreneur with consumer status) shall be effected by sending the User an e-mail confirming the conclusion of such agreement. The Agreement is concluded for an indefinite period.

Gamefound informs Users that it does not participate in alternative dispute resolution procedures with consumers, unless expressly required by applicable law. Accordingly, Gamefound is neither obliged nor willing to participate in such proceeding. Gamefound is not bound by any external codes of conduct or good practice.

Information on how Gamefound processes Users’ personal data can be found in the Privacy Policy available here. 

1. Gamefound Agreement Withdrawal Form.