Terms of Service

These Terms are an agreement between you (“Customer,” “you”) and Gleyder Hernandez, operating as adgamify as a sole proprietor (“adgamify,” “we,” “us”) — this will be updated if adgamify is later incorporated as a separate legal entity. By creating an account, purchasing a plan, or otherwise using adgamify, you agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, which are incorporated by reference.

If you use adgamify on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

adgamify lets Customers configure, brand, and publish playable mini-games (“Games”) that are embedded on Customer-owned properties or shared via a hosted link. Individuals who play a published Game (“Players”) may be asked to submit an email address and other entry details in exchange for participating in the Game or its leaderboard. adgamify provides the software; Customers are responsible for the marketing campaigns, prize fulfillment, and any legal obligations (such as sweepstakes or promotion rules) tied to their own Games.

• You must be at least 18 years old and able to form a binding contract to create an account.
• Accounts are created and authenticated through our identity provider, Clerk. You are responsible for the accuracy of the information you provide and for safeguarding your login credentials.
• You are responsible for all activity that occurs under your workspace, including actions by teammates you invite.
• We may suspend or terminate accounts that violate these Terms, as described in Section 10.

adgamify offers a Free plan and paid plans (currently Event Pass, Season, and Agency), described at /pricing. Paid features are billed and processed through PayPal.

• Free — limited to one campaign and a capped number of captured leads, at no cost, for as long as your usage stays within those limits.
• Event Pass — a one-time purchase that unlocks publishing for a fixed 30-day window per show or event. It does not renew automatically; you purchase a new pass for your next event.
• Season and Agency — recurring subscriptions billed on the cadence shown at checkout (annually for Season, monthly per connected client workspace for Agency). Subscriptions renew automatically at the then-current price unless cancelled before the renewal date.

You can cancel a recurring subscription at any time from your billing settings; cancellation takes effect at the end of the current billing period, and — except where required by law or stated otherwise at the time of purchase — fees already paid are non-refundable. Downgrading or letting a plan lapse may reduce your active-campaign or lead-capture limits going forward; it does not delete previously captured data.

You agree not to use adgamify to:

• Build Games that collect data unlawfully, or without a lawful basis and appropriate notice to Players;
• Distribute malware, run unauthorized security testing, or attempt to disrupt the service;
• Infringe another party's intellectual property, publicity, or privacy rights;
• Send unsolicited bulk communications to Players using data captured through adgamify;
• Misrepresent your identity, impersonate adgamify, or resell the platform without an Agency agreement.

We may remove Games or suspend accounts that violate this section.

As between you and adgamify, you own the branding, copy, images, and configuration you upload to build your Games (“Customer Content”), and you own the entry data captured from your Players (“Player Data”) — names, emails, scores, and any custom fields you configure. adgamify acts as your service provider / data processor with respect to Player Data: we store it in our Postgres database and process it only to operate the platform on your instructions, as described in our Privacy Policy and our Data Processing Agreement. You are responsible for having a lawful basis to collect Player Data and for honoring Player requests regarding their own data.

You grant adgamify a limited license to host, display, and process Customer Content and Player Data solely to provide the service to you.

adgamify and its licensors own all right, title, and interest in the platform itself — the game engine, templates, editor, and underlying software — excluding Customer Content. We grant you a limited, non-exclusive, non-transferable license to use the platform to build and publish Games during the term of your subscription or pass.

adgamify relies on third-party providers to deliver core functionality, including Clerk for authentication and PayPal for payment processing. Your use of those features is also subject to those providers' own terms and privacy policies. We are not responsible for outages or errors originating from third-party providers, though we will work to route around them where reasonably possible.

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADGAMIFY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

Either party may terminate these Terms at any time; you can do so by cancelling your subscription and closing your account. We may suspend or terminate your access immediately if you materially breach these Terms, including the acceptable-use rules in Section 5, or if required by law. On termination, your right to use the service ends; we retain Player Data only as described in our Privacy Policy and applicable law.

These Terms are governed by the laws of [GOVERNING LAW JURISDICTION — not yet finalized], without regard to conflict-of-law principles, and any dispute will be resolved in the courts located there, unless applicable consumer-protection law requires otherwise.

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where appropriate, notify account owners by email. Continued use of adgamify after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms can be sent via /contact or to legal@adgamify.com.