Terms & Conditions

GAMIFIER, INC, a company established in the State of Delaware, in the City of Newark is a legal entity of private law responsible for the platform henceforth called Gamifier (“Platform” or “Gamifier”).

By these Terms and Conditions of Use (“Terms"), Gamifier presents to users (“Users") the conditions for the use of the services provided on the Platform.

By using the Platform or the services provided by Gamifier, Users accept and submit to the terms of these Terms and Privacy Policies, as well as all documents attached.

1. Definitions

1.1 The following definitions and descriptions should be considered for your best understanding:

Content: Any text, graphics, images, music, audio, video, information or other materials made available on the Platform, regardless of whether it is Gamifier Content or User Content.

User Content: any and all content that an User post, download, upload, publish, submit or transmit that is made available through the Platform.

Gamifier Content: any and all content that Gamifier provides through the site, including any licensed content from third parties, not including User Content.

Link: terminology for internet address.

Platform: Designates the Gamifier Platform available at http://www.gamifier.co/ and any other sites, mobile applications or service channels offered by Gamifier.

Connectors: are the other Software as a Service platforms available that have the enables the integration with Gamifier.

Services: refers to any and all service provided by Gamifier through the Platform or not.

Payment System: a system used by Gamifier in partnership with companies specialized in financial services that allows the payment of the agreed amounts for the use of Platform, linked to the User’s bank account. The User may be required to provide the information of its credit or debit card in the Platform for use of this service.

Users: refers to all users, including the Accountable User, the Player, or anyone who uses the Platform. Unless expressly stated otherwise, the terms “you" or “your" refer to the User.

Accountable User: the contracting entity of the Services offered by Gamifier.

Player: the employees and / or personnel of the contracting company (Accountable User), duly registered in the Platform, whose access must be requested by the Accountable User.

2. Object

2.1 Gamifier is a platform that utilizes gaming mechanisms and elements in non-gaming contexts (gamification) to promote increased engagement and productivity of a company’s employees.

2.2 Gamifier works in coordination with the Connectors. It is necessary that Users (company and its employees) are properly registered within the necessary Connectors to enable the use and access to the functionalities of Gamifier.

2.3 The Accountable User will be granted access to an Accountable User account in the Platform and must register its employees as Players. Each employee will have access to one Player Account.

2.4 It is the sole responsibility of the Accountable User to register the personal data of all the Player, to provide access to their individual accounts and other features of the Platform, as well as to the rules of the game.

2.5 All payments will be made through third parties that provide Gamifier with an integrated payment system, the “Payment System". It is the sole responsibility of the User to read and accept the Terms of Use and Privacy Policy of the Payment System.

2.6 By registering, the User will be able to use all the services in the Platform available for your region and in accordance to the scope of the hired plan, declaring, therefore, to have read, understood and accepted the Terms.

3. Registering as a new costumer

3.1 The Accountable User may register as a new costumer in Gamifier via the Connectors.

3.1.1 The registration of new Players must also be performed via the Connectors.

3.2 By using the Connectors’ login services, you warrant that you are the legitimate owner of the respective accounts on such websites and that you are eligible to share its login information without violating any internal policies of such sites. Your relationship to the Connectors is governed exclusively by the terms and policies of such sites, including but not limited to the privacy policy. Gamifier therefore assumes no responsibility when its Users login through such sites.

3.3 By sharing your login details and allowing Gamifier to access your accounts on the Connectors, you are aware, understand and agree that Gamifier may access, store, use and make available any content you have stored in such accounts. Except as otherwise explicitly stated, all content collected by Gamifier on such sites shall be deemed User Content for the purpose of these Terms and Conditions of Use.

3.4 In the event of interruption of service by the Connectors or if Gamifier decides to terminate the connection to such sites, the content of your accounts on such sites will not be available in your Gamifier account. Gamifier reserves the right to modify or discontinue the connection to these or other sites without prior notice and at its sole discretion.

3.5 Gamifier reserves the right to refuse any request for registration and to cancel a previously accepted registration, in its sole discretion and without prior notice, and no compensation or indemnification shall be due.

3.6 By creating a Gamifier account, you are responsible and obligated to provide only true, accurate and authentic information and to keep it up to date while using the Platform or Gamifier’ services. Users guarantee and are liable in any case, civilly and/or criminally, for the truthfulness, accuracy and authenticity of the Personal Data registered.

3.7 Gamifier is not responsible for the accuracy, correctness, authenticity or for updating User’s data. However, Gamifier reserves the right to use all valid and possible means to identify its Users, as well as to request additional data and documents that it deems pertinent to check the personal data informed.

3.8 The User is responsible for safeguarding his access password to the Platform. By creating an account at Gamifier, you agree that you will not disclose your password to any third party and that you assume full responsibility for any actions taken on your account, whether or not you have authorized such actions.

3.9 The User is responsible for notifying Gamifier immediately, through the Gamifier’s contact channels on the Platform, if there is any suspicion of unauthorized use of its account. The User will be the sole responsible for the actions undertaken on his account, since access will only be possible using the login that is unique to his account.

3.9.1 These Terms include, but are not limited to, the use of “remember password" or “stay connected" features on your own or third-party computers or mobile devices.

3.10 Under no circumstances will the assignment, sale, rent or transfer of accounts be allowed. The creation of new accounts by Users whose original accounts have been canceled due to violations of Gamifier’s policies will not be allowed.

4. Features, Versions and Rules

4.1 After registering on the Platform, the Accountable User will receive an e-mail  with all the explanations and clarifications about the the Platform.

4.2 Gamifier offers a customization service of the generic version available on the Platform. If the Accountable User is interested in adapting this version according to the needs of the company, just contact Gamifier by email [sales@gamifier.co] that we will inform all conditions and plans.

4.3 Gamifier offers dedicated support channels available on the Platform.

5. Trial Period

5.1 Gamifier offers a free period of 30 (thirty) days for testing. During this period, the Generic version will be made available to Users, without the possibility of customization, as mentioned in Clause 4.2.

5.1.1. After the trial period, if the User fails to provide a valid form of payment, all access to the Platform will be lost.

5.2 All the rights and obligations set forth in these Terms and Conditions of Use and in the Privacy Policy are applicable to Users during the trial period established in this Clause 5, therefore, it is an essential requirement that the Users read and accept them.

5.3 Gamifier agrees to notify the Accountable User on the e-mail indicated in the registration form, about the end of the trial period within 7 (seven) days in advance.

5.4 At the end of the trial period, if not renewed by the Accountable User, any access to the Platform and to other Gamifier features will be automatically blocked.

6. Users Responsibilities

6.1 The User accepts that:

6.1.1 All accesses in the Platform by the User will be considered as if it was done by the User itself;

6.1.2 All technological devices, resources and equipment used to access the Platform are protected by an  antivirus and have firewall enabled, and that these software are properly updated, and that the User has adopted all the security measures available before accessing the Platform;

6.1.3 Any antispam systems, similar filters, or message redirection settings will be set in a manner that does not interfere with the Gamifier’s communications and resources. Gamifier is not responsible if you have not had access to any message or e-mail due to the cases mentioned above;

6.1.4 It will respect all intellectual property rights owned by Gamifier;

6.1.5 It will be responsible in the event of damages arising from acts carried out on the Platform or to third parties, being the sole responsible to indemnify and compensate the injured party, assuming the defendant position of legal action or administrative proceeding and requesting the exclusion of Gamifier, being also responsible to cover all the expenses and procedural costs, leaving Gamifier free of losses and burdens.

6.2 The Platform is offered as a service, and no right to its software, IT structures or database will be granted to the User.

7. Exemptions and Limitations of Liability of Gamifier

7.1 Gamifier complies with all laws and regulations applicable to its activities and expects all its Users to do so. However, Gamifier cannot guarantee and assumes no responsibility for the compliance of its Users with any laws or regulations. By using Gamifier’s Platform or Services, you acknowledge and agree that you are the sole responsible for compliance with any and all laws, rules, regulations, and legal and tax obligations that may apply to your use of the Platform, Services and Content.

7.2 Gamifier does not guarantee the accuracy or authenticity of the information and content provided by Users and has no obligation to verify or monitor them. However, Gamifier reserves the right to do so, either directly, through suppliers or third parties, to ensure the quality of the Services provided and compliance with these Terms or with any applicable law or demand of any competent agency. These verifications include, but are not limited to:

a) the accuracy, authenticity, and timeliness of personally identifiable information;

b) the academic, professional, criminal, credit, online reputation or any other information that may assist Gamifier in assessing the ability or likelihood of the User to honor the responsibilities assumed with Gamifier or other Users;

c) the professional contact or personal references provided or not by the User;

d) the possibility monitor, access, and block all content posted or transmitted by the User through the Platform or Services. By accepting these Terms of Use, the User expressly authorizes such actions by Gamifier.

7.3 As Gamifier is not a party in the transactions that occur between Users and third parties, the responsibility for all labor, tax and consumer obligations arising therefrom are exclusively the Users.

7.4 If Gamifier is a defendant in any judicial or extrajudicial proceeding that results from any User actions, the User shall be called to the proceeding and shall bear all the charges arising therefrom.

7.5 The User will indemnify Gamifier, its subsidiaries, directors, administrators, employees, representatives and staff for any claims of other Users or third parties arising from User’s acts and omissions during the use of the Platform or Services that have resulted in a failure to comply with these Terms of Use, other Gamifier policies, third party rights or any applicable laws or regulations. This will include reasonable attorneys’ fees.

7.6 Gamifier shall not be liable for any loss of profit or for any other damage and/or loss of any kind that Users may suffer due to interactions and transactions made or not made through Gamifier, regardless if Gamifier has been advised of the possibility of such damage. By using the Platform or Services, you vouch that you are aware, understand and agree that you will be acting at your own risk.

7.7 Gamifier’s Platform or Services may contain links to other websites. This does not imply any relation of partnership, supervision, complicity, endorsement or solidarity of Gamifier to these sites, their contents, products or services. You acknowledge and agree that Gamifier is not responsible for the availability or accuracy of such sites or resources or for the content, products or services contained or made available through such sites or resources. You assume sole and total responsibility for all risks and any damages arising from the use of any of these sites or their contents, products or services.

7.8 Expenses arising from or in connection with your use of the Platform or Services, including but not limited to travelling expenses, are the sole responsibility of each User.

7.9 No advice, guidance or information, whether verbal or in writing, obtained from Gamifier or through the Platform, Services or Content, creates any warranty or liability not expressly made in these Terms.

7.10 Gamifier is not responsible for:

7.10.1 Any defects, technical and/or operational defects (problems, bugs and glitches) or improper operations that may occur on the devices and equipment of Users or third parties as a result of regular use of the Platform;

7.10.2 Any direct or indirect damage caused by third-party events, such as hacker attacks, system, server or Internet connection failures, including malicious software actions such as viruses, trojan horses and others that may, in any way, damage the equipment or connection of the Users as a result of access, use or navigation in the Platform, as well as the transfer of data, files, images, texts contained in it;

7.10.3 Access of the Users to external links available in the Platform, being their duties, the reading of eventual Terms of Use and Privacy Policy of the link accessed;

7.10.4 The verification, control, acceptance, adequacy or accuracy of the information or data made available on such links and is therefore not liable for damages or losses that occur due to Users’  visits to such sites, and it is up to the interested party to verify the reliability of the information and data there displayed before making any decision or practicing any act;

7.10.5 Full and uninterrupted availability of the Platform, which depends on the depends on the duly functioning access and traffic of data between the computer terminals of the Users and the servers owned or contracted by Gamifier, having no interference and not being responsible for any failures in the traffic of such data and access to the Platform due to failures in the worldwide computer network or the network itself, as well as telecommunication services provided by Internet service providers;

7.10.6 System errors that alter data or information of the services made available in the Platform;

7.10.7 Reimburse its Users for any expenses with telephone calls, data packets, SMS, messages, e-mails, correspondence or any other amount spent by the User due to contact with Gamifier or any other Users, for any reason whatsoever.

7.11 Users do not have any right to demand the availability of the Platform as they see fit, nor can they claim compensation or repair damages in case the Platform remains out of the service, regardless of the motivation.

7.12 The eventual removal, blocking or suspension of any content or functionality of the Platform as a result of any claim shall always be understood as a demonstration of good faith and intention to resolve conflicts amicably, never as a recognition of guilt or any infringement by Gamifier a third party right.

7.13 Gamifier reserves the right to assist and cooperate with any judicial authority or governmental body and may submit registration information of its Users to said authorities.

8. Intellectual property

8.1 The commercial use of the expression “Gamifier" as a trademark, business name or domain name; the contents of the screens related to Gamifier’s Platform or Services; and the programs, databases, networks, files that allow you access to the Platform and use your account are all owned by Gamifier and are protected by international copyright laws, trademarks, patents and designs. Misuse and reproduction in whole or in part of these items is prohibited, unless expressly authorized by Gamifier.

8.2 All other trademarks, service marks, logos, trade names and any other proprietary names are trademarks or registered trademarks of their respective parties.

8.3 Gamifier grants you a limited, non-exclusive and non-transferable license to (i) access and view any Gamifier Content solely for personal and non-commercial purposes, (ii) enjoy the features and versions of the games made available on the Platform, and (iii) access and view any User Content for which you are permitted access, solely for personal and non-commercial purposes. You do not have the right to sublicense the license rights granted in this section. You agree not to use, copy, adapt, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit or otherwise exploit the Platform, Services or Content, unless expressly permitted in these Terms. You agree not to remove, alter or conceal any copyright, trademark, service mark or other proprietary rights incorporated or accompanying the Platform, Services or Content. No license or rights are granted by implication or under any intellectual property rights owned or controlled by Gamifier or its licensors, except for the licenses and rights expressly granted in these Terms.

8.4 Any interference, attempted, or activity that violates or disregards intellectual property law and/or prohibitions set forth in these Terms of Use shall render the responsible User liable for the relevant legal actions, as well as the sanctions provided herein, and shall be responsible for damages.

9. Prohibitions

9.1 Any attempt, direct or indirect, successful or not, to perform any of the activities listed below is prohibited. The finding of such intent will render the author, as well as its principals, advocates, supporters and helpers subject to the sanctions provided in these Terms, the relevant legal actions and the responsibility to indemnify any parties affected by any damages caused. Such activities include, but are not limited to:

(a) disturb, assault, slander, insult, defame, persecute or harass any other User;

(b) Infringement of the rules of the games developed and made available by Gamifier;

(c) Infringement of rights of any person or entity, including, without limitation, intellectual property, privacy, publicity or contractual rights;

(d) Copy, store, or otherwise access any information contained in the Platform or Services or Content for purposes not expressly authorized by these Terms;

(e) Use the Platform or Services to transmit, distribute, publish or release any information relating to any other person or entity, including, without limitation, photographs of others without their permission, personal or credit contact information, debit card, phone card or account numbers;

(f) Manipulate the data or any other information contained in the Platform or Services;

(g) Use the Platform or Services for any commercial or other purposes not expressly authorized by these Terms;

(h) Interfering in transactions among other Users;

(i) Use manual or automated software, devices, robot scripts, or other means or processes to access, “scrape", “crawl" or “spider" any part of the Platform, Services or Contents;

(j) Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, display on another webpage, use on any other website, transfer or sell any information, software, user lists, database or other lists, products or services provided by or obtained by Gamifier, including, but not limited to, “screen scraping”, “database scraping”, or any other activity for the purpose of obtaining user lists or other information;

(k) Use automated scripts to collect information or otherwise interact with the Platform or Services;

(l) Access, test, tamper with, or damage the Platform or any system of Gamifier, Users or third parties through the use of viruses, bots, Trojan horses, malicious code, flood pings, denial of service attacks, package or forgery IP, forged routing or e-mail address information or similar or technology methods;

(m) Attempt to detect, scan, or test the vulnerability of any system or network Gamifier or violate any security or authentication measures;

(n) Prevent, ignore, remove, disable, impair, decode, or avert any technological measures implemented by Gamifier or any of the Gamifier providers or any other third party (including another USER) to protect the Platform, Services or Contents;

(o) Forging any TCP/IP header packet or any part of the header information in any publication, e-mail or newsgroup, or otherwise using the Platform, Services or Content a source to send modified, misleading or false information;

(p) Systematically retrieve data or other content from our Platform or Services to create or compile, directly or indirectly, in single or multiple downloads, collection, compilation, database, directory or similar, either by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

(q) Attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Platform, Services or Content;

(r) Personify any person or entity, falsify or adulterate himself or his

(s) affiliation with any person or entity;

10. Penalties

10.1 In the event that any User fails to comply with any provision of these Terms and Additional Terms or do anything that would prejudice the Platform, Gamifier or other Users, Gamifier may, in its sole discretion, at any time without notice or prior consent:

(a) Suspend or permanently cancel the User Account and any and all access of such User to the Platform and the Services.

(b) Take appropriate action to investigate and prosecute violations of any nature to the fullest extent of the law and may involve or cooperate with law enforcement and law enforcement authorities.

11. Termination Policy

11.1 Gamifier may terminate these Terms and User Accounts or bar Users’ access to the Platform and the Services at any time without notice or prior consent and at its sole discretion. You may cancel your Gamifier Account on the Platform itself provided that you have no outstanding obligations with Gamifier or other Users.

11.2 In the event of termination:

(a) the User remains responsible for all amounts due to Gamifier or third parties;

(b) Gamifier will verify any amounts that are legally owed to the User and will pay them in a timely manner;

(c) Gamifier will not assume any responsibility for amounts owed by (or to) third parties.

11.3 In the event of cancellation of your Account, Gamifier is not obligated to delete or return any Content you have submitted to the Platform, including but not limited to any opinions, comments or testimonials.

11.4 The fact that Gamifier ceases to exercise or enforce any right or provision of these Terms does not constitute a waiver of the future application of that right or clause. The waiver of any right or provision shall only be effective if effected in writing and signed by a duly authorized Gamifier representative.

12. Notices

12.1 Any notices or other communications permitted or required in this document, including modifications in relation to these Terms, will be in writing and delivered by Gamifier (i) by posting on the Platform or (ii) via email to the e-mail address informed by the User in Your Account.

12.2 Any notices or other communications directed to Gamifier should also be in writing and delivered via email to the address contact@gamifier.co.

12.3 For notices by e-mail, the date of receipt will be considered the date on which such notification is transmitted.

13. Governing Law and Jurisdiction

13.1 All items in these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters concerning interpretation, compliance or any other questioning related to these Terms, the parties agree and expressly elect the Central Forum of the County of São Paulo, State of São Paulo, Brazil.

13.1.1 If you live in a country with laws that allow consumers the right to bring litigation to their local courts (such as the European Union, for example), this paragraph does not affect those requirements.

Last update: August 1, 2018.