Terms of Use
Effective Date: 2026-02-12
These Terms of Use ("Terms") govern your access to and use of the services provided by Gamified Technologies Private Limited. Our services include gamification widgets for publishers to monetise their audience and a platform for advertisers to explore digital ad inventory (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
1. Definitions
- 1. Advertiser: Any individual or entity that uses the Services to explore ad inventory and display advertisements.
- 2. Ad Inventory: The advertising space made available by Publishers through the Services.
- 3. Company: Refers to Gamified Technologies Private Limited, a company incorporated in India, with its registered office at B-1/229 Janakpuri New Delhi, 110058.
- 4. Content: Any data, text, graphics, images, audio, video, or other material uploaded, transmitted, or displayed through the Services.
- 5. Gamification Widgets: Interactive tools and features provided by the Company to Publishers to enhance audience engagement and monetization.
- 6. Publisher: Any individual or entity that uses the Services to integrate gamification widgets and monetise their audience.
- 7. Services: The gamification widgets for publishers and the ad inventory exploration platform for advertisers, as provided by the Company.
- 8. User: Any individual or entity accessing or using the Services, including Publishers and Advertisers.
2. Acceptance of Terms
By creating an account, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Description of Services
1. For Publishers:
- A. Access to and integration of gamification widgets designed to increase audience engagement and generate revenue through various monetization strategies.
- B. Tools and analytics to track the performance of gamification widgets and audience interaction.
2. For Advertisers:
- A. A platform to browse and select available ad inventory from participating Publishers.
- B. Tools for campaign management, ad placement, and performance tracking.
4. User Accounts
1. Account Creation
To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2. Account Security
You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
The Company will not be liable for any loss or damage arising from your failure to protect your account information.
3. Eligibility
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this age requirement.
5. Publisher Terms
1. Widget Integration
Publishers agree to integrate the Gamification Widgets in accordance with the Company's guidelines and technical specifications.
2. Content Responsibility
Publishers are solely responsible for all Content they provide or display through the Gamification Widgets, ensuring it complies with all applicable laws and regulations, and does not infringe on any third-party rights.
3. Monetization
Publishers acknowledge that monetization opportunities and revenue generated through the Gamification Widgets may vary and are subject to market conditions, audience engagement, and advertiser demand.
4. Data Usage
Publishers grant the Company a non-exclusive, worldwide, royalty-free license to collect, use, and analyse data generated from the Gamification Widgets for the purpose of improving the Services, providing analytics, and facilitating ad placements.
6. Advertiser Terms
1. Ad Content
Advertisers are solely responsible for the content of their advertisements, ensuring they comply with all applicable laws and regulations, and do not infringe on any third-party rights. The Company reserves the right to reject or remove any advertisement that violates these Terms or is deemed inappropriate.
2. Ad Placement
Advertisers acknowledge that ad placement and performance are subject to available ad inventory, bidding strategies, and audience targeting. The Company does not guarantee specific ad placements or performance metrics.
3. Payment
Advertisers agree to pay all fees associated with their ad campaigns as specified in their advertising agreements or through the platform. All payments are non-refundable unless otherwise stated.
4. Data Usage
Advertisers acknowledge that the Company may collect and use data related to ad campaign performance for the purpose of improving the Services and providing analytics.
7. Intellectual Property
1. Company IP
All intellectual property rights in the Services, including the Gamification Widgets, platform, software, and all associated content (excluding User Content), are owned by the Company or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for their intended purpose.
2. User Content
You retain all intellectual property rights in the Content you upload or provide through the Services. By uploading Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display such Content solely for the purpose of providing and promoting the Services.
8. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and disclose your personal information. By using the Services, you consent to such collection, use, and disclosure as described in our Privacy Policy.
9. Disclaimers and Limitation of Liability
1. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
2. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any rights of a third party, including without limitation any intellectual property right or privacy right; or (d) any Content you submit, post, transmit, or otherwise make available through the Services.
11. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
12. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be submitted to the exclusive jurisdiction of the courts located in Delhi, India.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
14. Miscellaneous
1. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Services.
2. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
3. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please contact us at hello@thegamified.com