1. Acceptance of Terms

By using our Service, you confirm that you accept these Terms and that you agree to comply with them. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Company Information

• Company Name: Gamified Marketing, LLC
• Product Name: Gamified Marketing.ai
• Location: Delaware
• Physical Address: 1111B S Governors Ave #3505, Dover, DE 19904
• Email Address: support@gamifiedmarketing.ai

3. Service Description

Gamified Marketing.ai provides AI-crafted gamified marketing solutions tailored to your needs and brand. Our current offerings include gamified pop-ups that can be integrated into your website. Users receive a link to their gamified campaign, which they can easily implement on their site. Future capabilities will include using these links in SMS marketing, social media marketing, and more.

4. Target Audience

Our services are designed for businesses, solo marketers, marketing agencies, e-commerce operators, and anyone involved in marketing and growth hacking. Whether you are looking to enhance customer engagement, improve conversion rates, or explore innovative marketing strategies, Gamified Marketing.ai provides tools tailored to meet your needs.

5. User Accounts

To access our Service, users must create an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the security of your account credentials.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

6. User Obligations

You agree not to engage in any prohibited activities, including but not limited to:

• Using the Service for any unlawful purpose.
• Attempting to gain unauthorized access to any portion of the Service.
• Transmitting any harmful or malicious code.

7. Acceptable Use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for ensuring that their use of this Application and/or the Service does not violate any applicable laws, regulations, or third-party rights. Therefore, we reserve the right to take any appropriate measures to protect our legitimate interests, including denying Users access to this Application or the Service, terminating contracts, or reporting any misconduct performed through this Application or the Service to the competent authorities—such as judicial or administrative authorities—whenever Users engage or are suspected to engage in any of the following activities:

• Violate laws, regulations, and/or these Terms;
• Infringe any third-party rights;
• Considerably impair our legitimate interests;
• Offend us or any third party.

8. Payment Terms

Free Plan

• Cost: $0 per month
• Features:
• 1 Brand
• Up to 2,500 player sessions per month
• 3 active campaigns
• Email support
• Use of the Gamified Marketing logo

Premium Plan

• Starting Cost: $199 per month
• Features:
• 3 Brands
• Up to 10,000 player sessions per month
• Unlimited campaigns
• Chat support
• White label option

Additional Costs

• Extra Player Sessions: Each additional 10,000 player sessions costs $200 per month.
• Additional Brands: Each additional brand costs $50 per month.

Annual Billing

• Discount: Customers who choose the yearly payment option will receive a 20% discount on all services included in the premium plan.

Payment Process

1. Subscription Activation: To activate your subscription, select your desired plan (Free or Premium) on our website.
2. Payment Information: For the Premium plan, you will be prompted to enter your payment information through our secure payment processor, Stripe.
3. Billing Cycle: The billing cycle for the Premium plan is monthly, and payments will be processed on the same date each month.
4. Annual Option: If you choose the annual payment option, the total amount will be billed upfront, reflecting the 20% discount.

Cancellation and Refund Policy

• Free Plan: You can cancel your free plan at any time without any penalties.
• Premium Plan: If you wish to cancel your Premium subscription, you must do so at least 5 days before the next billing date to avoid being charged for the upcoming month. Unfortunately, we do not offer refunds for partial months of service.

9. Data Collection and Usage

We collect personal information such as email, name, and company details (logo, name, URL) for account creation and service improvement. We also collect usage data through various analytics tools for the purpose of enhancing our services.

• Data Collection: We may use third-party services, including but not limited to analytics and storage providers, to collect and analyze usage data. This may include services like PostHog, Firebase, and others as deemed necessary.
• Third-Party Sharing: We share data with third-party analytics providers for analytics purposes. We retain details in our databases, and only authorized personnel can access this information.
• Data Retention: We retain user data for a period of 7 years.
• Access and Control: Users can manage their account settings and request changes by contacting us at support@gamifiedmarketing.ai.
• Opt-Out Options: Users may opt-out of receiving marketing communications by following the instructions provided in those communications.

10. Intellectual Property

All rights, title, and interest in the Service, including any associated intellectual property rights, are owned by Gamified Marketing. You may not use any of our trademarks or logos without our prior written consent.

11. User-Generated Content Responsibility

Users are solely responsible for the content they create and use within the gamified pop-ups offered through our Service. By using the Service, you agree to the following:

1. Content Ownership: You retain ownership of the content you create in the pop-ups. However, by using our Service, you grant Gamified Marketing a non-exclusive, worldwide, royalty-free license to use, reproduce, and display the content solely for the purpose of providing the Service.
2. Compliance with Laws: You are responsible for ensuring that all content created and displayed in the pop-ups complies with applicable laws and regulations. This includes, but is not limited to, copyright, trademark, and intellectual property laws, as well as laws regarding defamation, privacy, and false advertising.
3. Prohibited Content: Users may not create or include any content in the pop-ups that is:
   • Offensive, obscene, or otherwise inappropriate;
   • Misleading or deceptive;
   • Infringing on the rights of any third party;
   • In violation of any applicable laws or regulations.
4. Liability for Content: Gamified Marketing shall not be liable for any issues arising from the content you create or display through the Service. You agree to indemnify, defend, and hold harmless Gamified Marketing and its affiliates from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of or resulting from your content.
5. Monitoring and Enforcement: While Gamified Marketing does not monitor user-generated content, we reserve the right to review and remove any content that we deem, in our sole discretion, to be in violation of these Terms or potentially harmful to our Service or users.

12. User-Generated Content

When users create a campaign, the public images and text associated with that campaign become accessible to all users. However, user account information and private data are protected.

13. Limitation of Liability

Disclaimer: Gamified Marketing.ai does not guarantee that the services provided, including but not limited to the pop-ups, will be free of bugs or downtime. In no event shall Gamified Marketing be liable for any indirect, incidental, special, or consequential damages arising from the use of our Service, including but not limited to any adverse effects on your sales or business operations resulting from the use of any of our services. This limitation of liability applies to all services provided by Gamified Marketing.ai.

14. Indemnification

You agree to indemnify, defend, and hold harmless Gamified Marketing and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

15. Disclaimer of Warranties

The Service is provided strictly on an “as is” and “as available” basis. Use of the Service is at the User's own risk. To the maximum extent permitted by applicable law, Gamified Marketing expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from Gamified Marketing or through the Service will create any warranty not expressly stated herein.

16. Force Majeure

Gamified Marketing shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond Gamified Marketing's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.

17. Termination Clause

We may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms. You may terminate your account at any time by notifying us, but we do not provide refunds for any fees paid.

18. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the decision of the arbitrator shall be final and binding.

19. Privacy Policy Reference

Your use of the Service is also governed by our Privacy Policy, which can be found at https://gamifiedmarketing.ai/privacy. Please review it to understand how we collect, use, and safeguard your personal information.

20. Modification of Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

21. Severability Clause

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

22. Entire Agreement Clause

These Terms constitute the entire agreement between you and Gamified Marketing regarding the use of the Service and supersede all prior agreements and understandings.

23. Contact Information for Legal Notices

All legal notices must be sent to: Gamified Marketing, LLC, 1111B S Governors Ave #3505, Dover, DE 19904, or via email at support@gamifiedmarketing.ai.

24. Contact Us

If you have any questions about these Terms, please contact us at support@gamifiedmarketing.ai. We are here to assist you and ensure you have a positive experience with our Service.

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