Terms of Service

Announcement
1

Last modified date: 2024-12-19

These Terms of Service (the “Terms”) govern the access, browsing and use of GameAIfy (https://gameaify.com) operated by Anchor Node (collectively, “Company” “we”, or “us”) by the users (either “User”, “Users”, “Customer”, “you” or “your”, as applicable), including any of its subdomains and/or sections (“Website” or “Websites”; as well as the services rendered through the Website (“Service” or “Services”, as applicable) which include the download and use of certain content.

By accessing and using the Website, you accept these Terms on behalf of an entity, “User”, “Users”, “Customer”, ”you”, and “your” apply to you and that entity collectively, and you represent and warrant that you are authorized to bind that entity. To use our service, you must be at least 18 years of age to use or access the Service. If you are under age 18 years old, you must be directly supervised by parent or guardian or another authorized adult who agrees to bound by this Agreement. Any use or access to the Service by anyone under eighteen (18) years old who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR USE OUR SERVICE. BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING AN AGREEMENT TO SUBMIT (WITH LIMITED EXCEPTION) ALL CLAIMS THAT YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, YOUR USE OF THE SITE AND OUR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS.

ANCHOR NODE reserves the right, at its sole discretion, to change, modify, add to, supplement or delete terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any feature, hours of availability, content, data, software or equipment needed to access the website, effective upon notice. ANCHOR NODE will post notification or announce any changes made to this Agreement. By continuing to use the Services that ANCHOR NODE provides, Terms are agreed upon such changes. Changes to Terms will take effect at the time of announcement or as otherwise required by applicable law. If ANCHOR NODE, at its sole discretion, believes it has material effect on user’s rights and/or obligation, other notice will be sent to reach as much users as possible to the best of ANCHOR NODE’s ability.

We may offer translations of these Terms into different languages solely for your convenience. However, the English version of the Terms of Service is the only legally binding version. In the event of any inconsistency or discrepancy between the English version and a translated version, the English version will take precedence.

In respect of collection and processing of personal data, the Privacy Policy will apply.

I. Establishment of ANCHOR NODE Account
A. Account Registration. You may have to create an account prior to use of the Service, pursuant to the terms, conditions, and restrictions detailed in this Terms of Service (“Agreement”). You must be a natural person over the age of eighteen (18) or have reached the age of majority in your place of residence to maintain the account(s). Thus, Corporations, Limited Liability Companies, partnerships, or other form of legal entity are not valid under this Agreement. By accepting this Agreement, you hereby represent and warrant that you are a natural person over the age of eighteen or obtained a consent from legal representative(s) if you are not mature. You may not share your Account with anyone else. You are liable for all activities conducted through the Account.
B. Accuracy of Information Provided. You will need to provide only accurate and complete information, and promptly update this information. You will keep your username and password confidential and secure, and will not use the same password that you use for other websites or services. You will immediately notify us if you discover or otherwise suspect any unauthorized access to or use of your account.
C. You may not offer to, purchase, sell, gift, share or trade any account. Any such attempt shall be null and void and may result in the termination and forfeiture of the account. Any account which has been dormant for more than one year may expire and be deleted.
D. You may delete Your Account at any time, by following the instructions on the Service. We may terminate Your Account in the event you have breached these Terms of Service.

II. Subscription and Cancellation of Subscription
A. Subscription
Certain Services may occasionally be offered free of charge, while others require payment before you can access them. To use these Services, you must subscribe to a specific subscription plan (“Paid Services”) and pay the applicable fee (“Fee”) set by Anchor Node from time to time. Payments must be made by credit card or another accepted payment method (“Payment Method”). Anchor Node may, at its discretion, introduce additional Paid Services in the future. All Fees are quoted in U.S. Dollars (USD), unless otherwise stated by Anchor Node, and do not include any applicable taxes, which you are responsible for paying.

Your Paid Services subscription will renew automatically at the end of each subscription period (whether monthly or annually) unless you cancel it before the renewal date.

If we offer a promotional price or other special deal for your Paid Services subscription, we will outline the specific terms at the time of sign-up or in related materials. Once the promotional period ends, you will be charged the standard rate unless you cancel before the promotion expires or unless otherwise indicated in our communications to you.

We reserve the right, at our sole discretion, to change, adjust, modify, or alter the pricing, packages, and/or features of our Paid Services at any time, with or without notice.

While we make every reasonable effort to ensure the accuracy of our pricing and service information, errors may occur. In the event of any inaccuracies or pricing errors, we reserve the right to take appropriate measures to correct them.

B. Cancellation of Subscription
You may cancel your subscription to the Paid Services at any time, and you will continue to have access to them until the end of your current billing period. Except where required by law, payments are non-refundable, and we do not offer refunds for any unused portion of the Paid Services.
To cancel, please visit the “My Account” section and follow the provided instructions.

III. Account Deletion
You may also request to delete your account by contacting us at contact@anchornode.io.
If you close your account and specifically request that your data be erased, we will make all reasonable efforts to remove all data related to your account, unless we are legally required to retain certain information.
If you cancel or discontinue your subscription and account, you may continue using any work you created or reproduced through the Services prior to the cancellation date. However, this ongoing use must always comply with these Terms of Use, the Licensing Agreement ㄷ, and any other applicable licensing agreements that we may impose from time to time.

IV. Third Party Links
The Services may contain links to third party websites and/or advertisements for third parties. These websites and/or advertisements are not owned or controlled by Anchor Node and we assumes no responsibility for the content, privacy policies, or practices of these websites and/or advertisements. In addition, Anchor Node will not and cannot censor or edit the content of any third-party website and/or advertisements. By using the Services, You acknowledge and agree that Anchor Node shall not be responsible for Your use of any third-party website and/or advertisements. Your use of all third-party websites and/or advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third-party websites and/or advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any such third-party websites and/or advertisements.

V. Intellectual Property Rights
The Services (including any updates thereto) are protected under the copyright and other intellectual property laws of the United States, European Union, and other countries. Anchor Node and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Services are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of these trademarks, service marks, or logos without our prior written consent. Anchor Node owns and shall retain all rights, title, and interest, including without limitation all intellectual property rights, in and to the Services and any portions thereof.

Some content made available through the Services may contain watermarks and is controlled by other digital rights management technologies, which will restrict how you may access and use the Services. The Services may access and monitor your device (including without limitation the hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications) for third-party programs or software that is prohibited under these Terms (“Unauthorized Third-Party Software”). In the event that we detect any Unauthorized Third-Party Software, Anchor Node may collect additional information such as your account name, details about the Unauthorized Third-Party Software, and the time and date, and may use this information to enforce these Terms.

Anchor Node is always pleased to hear from our users and fans, and we welcome comments and feedback regarding our Services. Any ideas, suggestions, proposals, comments, feedback, or other submissions (including without limitation those that provide feedback on our Services or suggest new content, features, products, or similar ideas) (collectively, “Feedback”), regardless of whether you provide such Feedback in a public or private medium, will not be treated as confidential or proprietary. This means that if you provide Feedback to Anchor Node, you are waiving all rights to it and are allowing it to be shared and used by us or others for any purpose, including without limitation using, sharing, and commercially exploiting the Feedback any way we see fit without any notice or compensation to you. Anchor Node does not return or regularly acknowledge Feedback we receive, and does not have any obligation related to your Feedback.

We respect the intellectual property rights of others. If you have a good faith belief that your copyrighted work or other intellectual property has been infringed and is accessible through our Services, you may notify us through contact email our Designated Agent by contacting us as specified below by providing the following information in writing:
• Identification of the copyrighted work or intellectual property, or a representative list of works or property claimed to have been infringed.
• Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material.
• Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law.
• A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

If the content is removed, the party that posted the content may receive a notice that it was removed because of claimed infringement. We may provide them with your contact information, including email address and the name of your organization or client, and the contents of your report. If the party that posted the content believes that the content shouldn’t have been removed, they’ll be encouraged to reach out to you to try to resolve the issue directly, and they may be able to submit a counter-notification under applicable law. We terminate the privileges of users who repeatedly infringe intellectual property laws.
When using artificial intelligence (“AI”) systems, you acknowledge that other users may produce similar or even identical creations using their own prompts. You also understand that all AI-generated content is fictional and not intentionally associated with any real individual.

VI. Prohibited Uses
You are solely responsible for your actions while using the websiteSite , including any content, information, or materials you post or upload. You assume all risks associated with your use of the Site. By accepting these Terms, you agree to comply with all applicable federal, state, and local laws and regulations. Additionally, you agree not to engage in or assist others in engaging in any prohibited activities while using the Site.

We reserve the right, at our sole discretion, to:
A. Monitor the Site for violations of these Terms.
B. Take legal action against anyone using or accessing the Site in a manner that violates the law or these Terms, including reporting such users to law enforcement.
C. Restrict or deny access to the Site or its features for individuals who violate these Terms, interfere with others’ ability to use the Site, or infringe on others’ rights.
D. Manage the Site to protect our rights, property, and ensure its proper functionality.

VII. Prohibited Activities
You may not, nor may you assist others in, using the Site to engage in harmful or illegal activities. Specifically, you are prohibited from:
A. Violating these Terms or any other policies and terms applicable to the Site.
B. Including sensitive personal information (e.g., phone numbers, residential addresses, health data, social security numbers, or account details) in any web forms on the Site.
C. Copying or modifying the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
D. Uploading materials or software containing viruses, worms, spyware, Trojan horses, or other harmful programs designed to disrupt or limit the Site’s functionality, including denial-of-service attacks.
E. Using, launching, or distributing any automated tools (e.g., spiders, robots, scrapers, or data mining tools) or unauthorized scripts or software to access the Site, except for standard search engine or browser operations.
F. Interfering with, disabling, vandalizing, or disrupting the Site, its servers, or connected networks.
G. Hacking, penetrating, disabling, or circumventing the Site’s security measures or those of its connected servers or networks.
H. Impersonating another individual or misrepresenting your affiliation with an organization or institution.
I. Sending harassing, intimidating, or threatening emails to any addresses provided on the Site, including those of our employees or agents.
J. Using the Site in violation of any applicable national, federal, state, local, or international law or regulation.
K. Attempting any of the above activities.
Failure to comply with these prohibitions may result in consequences such as account termination, legal action, or other measures to ensure the Site’s integrity and security.

VIII. CONTENT POSTED BY USERS
You are and will remain solely responsible for all communications, images, videos, sounds, content or part of the content of databases, databases, content and any other materials or information that you upload or transmit through the Services, including without limitation any text, voice transmissions or recordings, or gameplay clips/screenshots (“User Content”).
You represent and warrant that the User Content that you post or transmit will not:
• Infringe the copyright, trademark, database or other intellectual property rights of a third party. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to post or transmit the User Content on the Services and that the User Content does not violate any applicable laws, the Terms, or any third party’s right of privacy or publicity.
• Promote unauthorized sweepstakes or contest; and will not promote a lottery, or gambling of any type.
• Prevent or impede other users from finding information related to the Services.
• Facilitate or promote conduct that in the sole discretion of Anchor Node involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving).
• Instruct users how to make bombs, weapons, drugs, illegal or illicit or dangerous items, or solicit involvement in behavior or organizations that are violent or illegal under applicable laws, including without limitation terrorist threats or activities.

You acknowledge and agree that Anchor Node may (but is not required to) moderate, monitor, review, and record any User Content (including the content of your oral or written communications) that you post, transmit, or make available on or through the Services and may, without prior notice to you and in its sole judgment, remove User Content for any or no reason, at any time. You agree that such monitoring or recording can be made using software that may be installed when you download software to access or use the Services. Unless required by law, Anchor Node assumes no liability for any failure to remove, or any delay in removing, User Content and does not assume any responsibility or liability for the use and/or storage of User Content.

You hereby grant Anchor Node a royalty-free, perpetual, irrevocable, fully transferable and sublicensable, non-exclusive, worldwide right and license to use your User Content in any and all media in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to Anchor Node’s and other users’ players ’ use and enjoyment of User Content in connection with the Services. The license grant to Anchor Node, and the above waiver of any applicable moral rights, survive any termination or expiration of the Terms.

IX. DMCA Copyright Infringement Notice
The Digital Millennium Copyright Act of 1998 (DMCA) provides a legal process for copyright owners who believe their rights under U.S. copyright law have been infringed by material available online. If you believe, in good faith, that content on our Services infringes your copyright, you (or your authorized representative) can submit a written notice to Anchor Node requesting that the material be removed or access to it be blocked. Similarly, if you believe, in good faith, that a copyright infringement notice was wrongly filed against you, the DMCA allows you to send a counter-notice.
Both notices and counter-notices must comply with the applicable requirements under the DMCA. For more information, visit http://www.copyright.gov/.
Where to Submit a Notice or Counter-Notice
Written notices should be sent to Anchor Node’s DMCA Agent:
• Email: contact@anchornode.io
• Mail: (06730) 15-19, Gangnam-daero 41-gil, Seocho-gu, Seoul, Republic of Korea
To protect copyright owners’ rights, Anchor Node reserves the right to suspend user accounts, disable or delete allegedly infringing content, or terminate the accounts or privileges of repeat offenders.
We recommend consulting a legal advisor before submitting a DMCA notice or counter-notice. Misrepresenting that material is infringing or was removed in error or by misidentification may result in liability under Section 512(f) of the DMCA. This includes damages incurred by the alleged infringer, the copyright owner, an authorized licensee, or a service provider like Anchor Node.

X. Disclaimer
The Site is provided on an “as is” and “as available” basis. Except where prohibited by law, we make no express, implied, statutory, or other warranties regarding the Site or the content of any websites linked to it. All warranties are disclaimed, including but not limited to those of merchantability, fitness for a particular purpose, title, and non-infringement. Anchor Node does not guarantee that (A) the Site will meet your requirements, (B) access to and use of the Site will be uninterrupted, timely, secure, or error-free, or (C) any results obtained from using the Site will be accurate or reliable.

Anchor Node reserves the right, at our sole discretion, to modify or permanently discontinue the Site (or any part of it) at any time, with or without notice. You agree that Stability will not be liable to you or any third party for any such modification or discontinuation, except as specified under the “Limitation of Liability” section below.

You acknowledge that we are not responsible for any actions you take or any legal consequences that arise from your use of the Site. You must use the Site in compliance with all applicable laws and regulations in the jurisdictions where you are domiciled, reside, or are located, as well as in accordance with these Terms. Any violation of these Terms may, at our sole discretion, result in suspension or termination of your access to and use of the Site.

XI. Limitation of Liability
ANCHOR NODE AND ITS DEVELOPERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ANCHOR NODE AND ITS DEVELOPERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

YOU SPECIFICALLY AGREE THAT IN NO EVENT WILL ANCHOR NODE, OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, OR AGENTS be liable for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of THE SERVICES, any interruption in availability of THE SERVICES, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of THE SERVICES or the data collected through THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, even if WE HAVE been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER FORMS OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF ANCHOR NODE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE GREATER OF $100 OR THE AMOUNT YOU PAID TO ACCESS THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

XII. INDEMNIFICATION
You agree to indemnify, defend and hold ANCHOR NODE, ALONG WITH OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, AND AGENTS, harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of our SERVICES and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such an event, you shall provide us with such cooperation as we reasonably request.

XIII. Governing Law and Arbitration

  • Arbitration Agreement
    This portion of the Terms, referred to here as the “Arbitration Agreement,” specifies that any disputes, claims, demands, or other causes of action (“Claims”) between you and Stability—arising from these Terms, the Site, or any part of our relationship or transactions—will be settled exclusively through final and binding arbitration before a neutral arbitrator. This means they will not be decided in a court by a judge or jury. However, you or we may choose (but are not required) to bring individual Claims before a small claims court if the Claim falls under that court’s authority.

Additionally, nothing in this Arbitration Agreement prevents you from reporting issues to federal, state, or local agencies, and these agencies may seek relief from us on your behalf if permitted by law. By accepting these Terms, both you and we waive the right to a jury trial or to participate in a class action. Instead, a neutral arbitrator, not a judge or jury, will determine our respective rights. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act.

  • Opt-Out
    You have the option to reject this Arbitration Agreement, in which case any Claim must be resolved exclusively through a court. To do so, you must send an opt-out notice (the “Opt-Out”) to the GameAIfy Notice Address within thirty (30) days of your first access to the Site. The Opt-Out must include your name, phone number, and the email address you used to register and use the Site. This is the only method available to opt out of the Arbitration Agreement. Choosing to opt out does not affect any other part of these Terms, nor does it affect any other current or future arbitration agreements you may have with us.

  • Governing Law and Dispute Resolution
    This Agreement is governed by and interpreted in accordance with the laws of South Korea. Any dispute, controversy, or claim arising out of or related to this Agreement—including questions regarding its validity, invalidity, breach, or termination—shall be resolved by arbitration in South Korea, in accordance with the KCAB Arbitration Rules of the Korean Commercial Arbitration Board (“KCAB”) in effect at the time the Notice of Arbitration is submitted. The arbitration shall be conducted before a single arbitrator, and except in cases of clear error, the arbitrator’s decision shall be final and binding on both parties. The arbitration proceedings will be conducted in English.

XIV. CONTACT US
If you have questions about these Terms, please contact us at contact@anchornode.io