Gamefound Community Playtesters Terms of Service and Guidelines

Gamefound Community Playtesters

1. Subject of Terms of Tests

Pursuant to these Gamefound Community Playtesters Terms of Service (“Terms”) you, as a Playtester, (“Playtester” or “you”) join Gamefound Community Playtesters (“Community”). Our Community has been established to connect game creators with players willing to test new games (“Game”) and provide a game testing report. We pledge to pass on your contact details to game creators who are looking for people willing to test their new products. The game creator will contact the selected Playtesters according to the indicated range of interests in the games. Once you have received a game, your task will be to test the game you have received and send the game creator your feedback and us - photos or videos that can be used to promote our Community. We look forward to seeing game projects grow with the support of our passionate Community!
The Community was created and will be managed by us, the gamefound.com platform provider, namely Gamefound Sp. z o.o. with its registered office in Wrocław (50-127) at the following address ul. św. Mikołaja 58, registered in the Register of Entrepreneurs conducted by the District Court for Wrocław-Fabryczna, 6th Commercial Department of the National Court Register under KRS number 0000778227, holder of Business entity statistical number (REGON): 382893080, Polish taxpayer’s identification number (NIP): 8971865043, holder of share capital in the amount of 5,000,00 PLN (“Gamefound” or “we”).
By joining the Gamefound Community Playtesters initiative, both creators and playtesting groups acknowledge and agree to these Terms. Gamefound reserves the right to update these Terms as needed to enhance the program and maintain a fair, constructive environment.

2. Guidelines for Playtesters

Independent Collaboration – Gamefound facilitates connections between creators and playtesting groups but does not regulate their interactions. Any agreements, expectations, or arrangements are solely between creators and Playtesters.
Limited Responsibility – While we strive to ensure a smooth experience, Gamefound is not responsible for misunderstandings, missed deadlines, or unforeseen issues that may arise during collaboration between Playtesters and creators.
Transparency & Communication – We encourage all communication to take place in our designated Discord channels, allowing us to step in if necessary. However, we will not actively manage every discussion.
Respect & Fair Treatment – Playtesters play a vital role in refining creators’ games and should be treated with professionalism and respect. Unethical behavior, undue pressure, or unfair treatment will not be tolerated.
Responsible Content Sharing – It is strictly prohibited to publish or share illegal content, defamatory statements, or any material that harms the reputation of others. Such behavior will not be tolerated and may result in removal from the initiative.
Reporting Concerns – If creators have concerns about a playtesting group or the process, we encourage them to inform us. Our goal is to ensure the initiative benefits all participants.

3. Participation Requirements

Group Composition and Activity – Each participating group must consist of a minimum of two (2) individuals. The group must engage in regular playtesting sessions and be able to substantiate this with photographic or video evidence upon request by Gamefound, ensuring compliance with security and verification measures.
Backer Status (Preferred but Not Mandatory) – At least one member of the group is preferably a Gamefound backer. While not a strict requirement, this facilitates identity verification and confirmation of the member’s country of residence.
Non-Binding Nature of Participation – Participation in the GCP does not constitute an obligation to collaborate with any specific creator. However, groups that consistently decline requests for playtesting despite multiple invitations may be subject to removal from the initiative at Gamefound’s discretion.
Playtesting and Feedback Obligations – Participating groups agree to test any provided game prototype within a reasonable timeframe. Upon completion of playtesting, the group must provide relevant feedback and any requested materials to the game’s creator.
Collaboration Terms and Prohibited Benefits – Each group is responsible for independently establishing the terms of collaboration with game creators. Groups are strictly prohibited from accepting any form of compensation or benefits in exchange for their participation, except for retaining the prototype if the creator explicitly permits its retention.

4. Personal image use

Under the conditions set out in this Terms, the Playtester consents to the dissemination of his/her image together with his/her name or nickname, in whole or in part, in connection with his/her participation in the Community, together with photographs and any recordings relating to the Playtests, as well as in derivative works based on such photographs and recordings, and in any other broadcast, content or communication created or distributed by Gamefound, or by other entitled parties to whom Gamefound may license the rights to such works.
The dissemination of Playtester’s image along with his/her name or nickname, in whole or in the form of any fragments, may occur with the aims of:
1. promoting in any form, including by dissemination of photos, recordings or broadcasts relating to the Community,
2. derivative works and other broadcasts, contents or communications described above,
3. in connection with carrying out or promoting activities of Gamefound,
4. for advertising and promotional purposes, including for the purpose of advertising or promotion of the Community,
5. for use of the Game creator whose Games Playtester will test within the Community.
The rights granted to Gamefound in these Terms relate to the repeated (unlimited in quantity, time and territory) dissemination of the image of the Playtester together with his/her name or nickname in all known fields of use in connection with the purposes set out above. This applies in particular to the following fields of use (i) television and/or radio broadcasting and rebroadcasting by any means and techniques, (ii) public use, presentation or demonstration, (iii) marketing, including copies on which the work is incorporated, as well as their rental and leasing for use, (iv) distribution in printed press and magazines, via computer, multimedia networks, the Internet, as well as via telecommunications, (v) making available to the public by any means so that anyone can access Playtester image, voice and/or statements from a place and at a time of their choice, (vi) recording and reproducing by any other means and techniques.
Gamefound shall have the exclusive right to decide about the form and time of use of Playtester’s name or nickname and image – in whole or in the form of any fragments. Playtester’s also consents to the dissemination of Playtester’s image without the need for Playtester’s approval each time of how Playtester’s image were shown.
Dissemination of Playtester’s image in accordance with these Terms shall not entail any obligation to pay any remuneration or compensation in respect of such dissemination of any third party. Therefore, I hereby irrevocably and unconditionally waive any and all claims for compensation or claims for damages against Gamefound.

5. Personal data protection

The Gamefound is the controller of the personal data provided to it by the Playtester for the purpose of creating and maintaining the Community, as well as executing Terms. The Gamefound's contact information is indicated in the introduction to these Terms.
Regarding the performance of the Game tests, the controller of Playtester’s personal data will be the Game creator, who will independently determine the purposes and manner of processing of your personal data.
The Gamefound’s information obligation can be found in Appendix no. 1 at the end of these Terms.

6. Final provisions

Should any provision of the Terms become invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions of the Terms. In addition, the invalid or unenforceable provisions shall be replaced in such a way as to achieve or produce, in a lawful manner, the same objectives or economic effects that were to be achieved or produced by the invalid or unenforceable provisions, as well as our intentions.
In matters not regulated by the provisions of these Terms, the relevant provisions of Polish law shall apply.
In the event of a change of Playtester’s personal data, Playtester should immediately notify the Gamefound. Otherwise, correspondence delivered to the previous address/e-mail address shall be deemed effectively delivered.
Any disputes that may arise in connection with these Terms shall be resolved amicably through negotiations. In the event that negotiations are not conducted or do not produce the expected results within 30 days from the date of written notification to the other Party of the existence of a dispute, the Party in question shall have the right to refer the dispute for settlement to the court having jurisdiction over the Gamefound's registered office.

Appendix no. 1

Information obligation

The Controller. The controller of your personal data obtained in connection with your becoming part of the Gamefound Community Playtesters (“Community”) is Gamefound sp. z o.o. (“we”). We have appointed a Data Protection Officer to answer all your questions about the processing of your personal data. You can contact him via email by sending an email to privacy@gamefound.com or by sending postal correspondence to the address indicated in the introduction to the Terms with the annotation “GDPR”.

Purposes and legal basis for processing. If you decide to be a part of our Community, we can process your personal data for the following purposes:

the performance of the contract (these Terms) on the basis of which you join our Community (article 6(1)(b) of the GDPR);
promote our Community by creating and sharing promotional materials containing your personal data, including your image (article 6(1)(a) of the GDPR);
responding to the inquiries, complaints and disputes that we received from you (article 6.1(f) of the GDPR);
evaluating the cooperation conducted under the Terms and the possibility of its continuation (article 6(1)(f) of the GDPR);
defense and enforcement of claims related to our Game (article 6(1)(f) of the GDPR).

Providing your personal data is not mandatory, but it is necessary if you want to be a Member of our Community. We can process your personal data only if you provide it yourself. We do not obtain any information about you from other sources.

Categories of personal data. In particular, we may process the following categories of data: first name, last name, email address associated with your gamefound.com account, contact email, group size, group name, location of the group (city, country), image, voice, previous playtesting materials/channels on YT, IG, etc., specialisation (3 types of games they specialise in), group photo, data associated with your Discord account or other personal data you provide us with. Do not provide us with personal data of third parties or any information that is not necessary, in particular special category data.

Data retention period. Your personal data will be retained for the entire period necessary to perform the Terms. If your personal data are no longer needed to perform our obligations under the Terms or to fulfill our legal obligations, they will be deleted provided that their further processing is not required by law or for the assertion/defense of claims. Personal data necessary to evaluate the cooperation and the possibility of its continuation will be kept for up to two years after the termination of the agreement.

Recipients of data. Recipients of personal data to whom we may disclose or entrust your personal data may be entities that provide consulting, administrative, accounting and IT services on our behalf. We will share your personal data with Game Creators on the basis of your consent.

Your rights. In connection with processing of your personal data by us, you have the following rights:

The right to access the content of your personal data, i.e. the right to confirm what data is being processed and the right to receive information regarding this processing.
The right to rectify data if it is incorrect or outdated.
The right to request us to delete your data.
The right to request us to restrict data processing.
To the extent that we process your personal data under Agreement and by automated means, the right to data portability.
To the extent that we process your data based on legitimate legal interest (Article 6(1)(f) GDPR), the right to object to the processing of your personal data by us;
To the extent that we process your data based on your consent, the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal;
The right to lodge a complaint with the President of the Personal Data Protection Office in Warsaw.

Automated processing and profiling. We do not use your personal data for automated processing, including profiling.

Data transfer to third countries. We use a variety of tools whose providers are located in countries outside of the European Economic Area. Accordingly, they may transfer your personal data to third countries based on a decision on the adequate level of data protection in a third country, standard contractual clauses or binding corporate rules in the course of providing services on our behalf.