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Legal

Terms of service

Last updated {date}.

This is a structured template, not legal advice. It must be reviewed and completed by qualified counsel in your jurisdiction before publication, and every {placeholder} replaced with a real value.

1. Definitions

  • Gemifier: {Legal entity name}, of {registered address}.
  • Customer: the organization that has entered into an Order with Gemifier.
  • Service: the Gemifier gamification platform, its APIs and its dashboard.
  • Customer Data: the events, player identifiers, metrics, attributes and configuration the Customer sends to or creates within the Service.
  • Player: an end user of the Customer's own product, identified to Gemifier only by the Customer's own identifier.
  • Order: the ordering document or online sign-up that references these terms.

2. The Service

Gemifier provides a hosted, API-first engine that receives player events from the Customer's systems and evaluates them against configuration the Customer creates: missions, streaks, conditions, points and marketplace items, recording the resulting progress and reward grants. Each project is provisioned with a Sandbox and a Live environment.

The Service is provided as described in the documentation available to the Customer. Gemifier may improve or modify the Service, and will not materially reduce its core functionality during a paid term without notice as set out in clause 12.

3. Accounts, users and API keys

The Customer is responsible for its users, for the roles and permissions it assigns, and for all activity under its accounts. API keys are displayed once at creation and stored by Gemifier only as a cryptographic hash; Gemifier cannot recover a key and will not be able to return one. The Customer is responsible for the custody of its keys and must revoke and replace any key it believes to be compromised. Keys are bound to a single environment for their lifetime.

4. Acceptable use

The Customer shall not, and shall not permit any user to:

  • use the Service in breach of applicable law or of any licence or regulatory obligation that applies to the Customer, including any gaming licence;
  • send to the Service any special category personal data, payment card data, or identity documents;
  • attempt to access another organization's data, probe the isolation boundary, or circumvent authentication or rate controls;
  • use the Service to build a competing product, or resell it except under a written partnership agreement;
  • deploy mechanics that the Customer's own responsible-gaming or consumer-protection obligations would prohibit, see our responsible gaming statement.

5. Customer Data and ownership

As between the parties, the Customer owns all Customer Data. The Customer grants Gemifier a limited licence to process it solely to provide and support the Service. Gemifier acts as a processor for Customer Data containing personal data, on the terms of the Data Processing Agreement at {link to DPA}, which forms part of these terms.

Gemifier requires no access to the Customer's databases, networks or infrastructure, and will not request it. The Customer decides which events to send.

6. Money, rewards and fulfilment

This clause is central to the Service and is stated plainly. Gemifier does not hold, transmit, process or issue money, funds, wagers or any monetary value. Points within the Service are an internal accounting unit with no monetary value and no redemption right against Gemifier. Where a mechanic awards a catalog item: a bonus, free spins, a coupon or a physical prize: Gemifier records a grant, and the Customer is solely responsible for fulfilling it, including any eligibility, affordability, anti-money-laundering and responsible-gaming checks that apply. Gemifier is not a party to any relationship between the Customer and a Player.

7. Availability and support

Gemifier will use commercially reasonable efforts to keep the Service available and will carry out planned maintenance with reasonable notice where practicable. No service level agreement, uptime commitment or availability target applies unless one is expressly stated in the Order. Support channels and response expectations, if any, are as set out in the Order.

8. Fees

Fees, the billing period and any usage allowances are as set out in the Order. Fees are payable within {payment terms} of invoice and are exclusive of taxes. Gemifier may suspend the Service for undisputed amounts that remain unpaid after {notice period} written notice.

9. Confidentiality

Each party will protect the other's confidential information with at least reasonable care, use it only for the purposes of these terms, and disclose it only to personnel and advisers who need it and are bound by equivalent obligations. This does not apply to information that is public through no breach, independently developed, or required to be disclosed by law.

10. Intellectual property

Gemifier retains all rights in the Service, its software, documentation and brand. The Customer retains all rights in Customer Data and in its own brand. Neither party gains rights in the other's marks except as needed to perform these terms. Feedback the Customer provides may be used by Gemifier without restriction or obligation.

11. Warranties and disclaimers

Each party warrants that it has authority to enter into these terms. Gemifier warrants that it will provide the Service with reasonable skill and care. Except as expressly stated, the Service is provided “as is”, and Gemifier disclaims all other warranties to the extent permitted by law, including fitness for a particular purpose. Gemifier does not warrant that the Service will be uninterrupted or error free, and makes no representation that use of the Service will satisfy any regulatory obligation of the Customer.

12. Term, changes and termination

These terms run for the period stated in the Order and renew as set out there. Either party may terminate for material breach not remedied within {cure period} of written notice, or immediately on the other's insolvency. Gemifier may amend these terms on {notice period} notice; if an amendment is materially adverse to the Customer, the Customer may terminate before it takes effect.

On termination the Customer's access ends, and Customer Data is returned or deleted in accordance with the DPA. Clauses 5, 6, 9, 10, 11, 13 and 14 survive.

13. Limitation of liability

Neither party excludes liability for death or personal injury caused by negligence, fraud, or anything else that cannot lawfully be excluded. Subject to that, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill or anticipated savings; and each party's total aggregate liability is limited to {liability cap, e.g. fees paid in the preceding 12 months}.

14. Governing law and disputes

These terms are governed by the laws of {jurisdiction}, and the courts of {jurisdiction} have exclusive jurisdiction. The parties will attempt in good faith to resolve any dispute by escalation before commencing proceedings.

15. General

These terms, the Order and the DPA are the entire agreement between the parties. Neither party may assign without consent, except to an affiliate or in connection with a merger or sale of substantially all assets. If any provision is unenforceable, the rest remains in effect. Notices are given to {notice address}.