Terms of Service
Last updated: September 30, 2026
These terms cover your account, subscriptions, free trials, renewal and cancellation, acceptable use, and the rights and responsibilities we each have.
- Agreement to These Terms
- Eligibility
- Your Account
- Subscriptions, Free Trial & Billing
- Acceptable Use
- User Content & License
- Intellectual Property
- Health & Wellness Disclaimer
- Third-Party Services & App Stores
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Termination
- Changes to the Service & These Terms
- Governing Law & Dispute Resolution
- Contact Us
1. Agreement to These Terms
These Terms of Service (“Terms”) are a binding agreement between you and GAGING.AI Inc, the operator of Gamifest (“Gamifest,” “we,” “us,” or “our”), and govern your access to and use of the Gamifest mobile app, our website at gamifest.ai, and the related services we provide (together, the “Service”).
By creating an account, starting a free trial, subscribing, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Service.
2. Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this requirement and that the information you provide is accurate and complete.
3. Your Account
To use most features, you need an account, which you create by signing in (for example, with Apple or Google). You are responsible for the information you provide, for keeping your login credentials confidential, and for all activity that occurs under your account. Please notify us promptly at support@gamifest.ai if you suspect any unauthorized use.
You may close your account at any time from within the app. We may suspend or terminate accounts that violate these Terms, as described in the Termination section.
4. Subscriptions, Free Trial & Billing
Gamifest offers paid subscriptions (Gamifest Plus), priced in US dollars: a monthly plan at $19.90 per month, a quarterly plan (3 months) at $39.90, and an annual plan at $119.90 per year. Each includes a 7-day free trial. The plan and price are also shown to you at the point of purchase before you confirm. Prices shown are exclusive of applicable sales tax, which is added at checkout. Your selected plan auto-renews at its stated billing interval until you cancel.
Free trial
Your 7-day free trial gives you full access to the plan you select. A payment method is required to start the trial. Unless you cancel before the trial ends, your subscription begins and your payment method is charged the price shown for that plan. Only one trial is available per user.
Renewals & how to cancel
Once your subscription begins, it renews automatically at the start of each billing period and your payment method is charged the applicable fee. To avoid being charged, you must cancel before the end of the current period (including before your free trial ends). Cancellation takes effect at the end of the current billing period, and you keep access until then. How you cancel depends on where you subscribed:
- In-app purchases made through the Apple App Store or Google Play are managed in your App Store or Google Play subscription settings, and that store’s billing, cancellation, and refund policies apply.
- Web subscriptions purchased on our website can be cancelled at any time. If you paid by card or another method through Stripe, use our billing portal, where you can also update your payment method. If you paid with PayPal, cancel in your PayPal account under Settings → Payments → Manage automatic payments. Either way, you can also cancel by emailing support@gamifest.ai.
Price changes
We may change subscription prices from time to time. If we do, we will give you advance notice and, where required, the opportunity to consent before the new price applies to you. Price changes take effect at the start of the next billing period.
Payments, refunds & app-store billing
Web payments are processed by Stripe or PayPal, depending on the payment method you choose at checkout, with GAGING.AI Inc as the merchant of record; the provider handles the transaction and issues your receipt. Charges processed by Stripe appear as GAMIFEST on your statement, and PayPal payments appear in your PayPal account activity. We never receive or store your full card number. Our checkout page is operated on our behalf by our service provider FloKit.AI. Where you subscribe inside an app store instead, the Apple App Store or Google Play in-app purchase system bills you and that store’s billing, cancellation, and refund policies apply.
Your 7-day free trial is the risk-free window: cancel before it ends and you are never charged. Once the trial ends and your subscription begins, web payments — including subscription renewals — are non-refundable and are not prorated; if you are not eligible for a trial, your first payment is charged at checkout and is non-refundable. You can cancel at any time to stop future renewals, and cancellation takes effect at the end of the current period. If you signed up (including starting a free trial) before September 28, 2026, you keep the refund terms you were sold under: any web payment on that subscription, including renewals, is eligible for a full refund when requested within 7 calendar days of the transaction date, by emailing support@gamifest.ai. For in-app purchases, refunds are handled by Apple or Google under their store policies. Full detail is in our Refund & Cancellation Policy. Mandatory statutory consumer rights are unaffected.
5. Acceptable Use
We ask you to use Gamifest for its intended purpose — building your own habits and wellness journey. You agree not to:
- Use the Service in any unlawful way or for any unlawful purpose.
- Attempt to break, overload, disrupt, or interfere with the Service or its infrastructure.
- Access, probe, or scan the Service or related systems without authorization, or attempt to bypass any security or rate-limiting measures.
- Reverse engineer, decompile, or attempt to extract the source code of the Service, except where this restriction is prohibited by law.
- Use bots, scrapers, or automated means to access the Service or harvest data from it.
- Upload content that is unlawful, infringing, harmful, or that you do not have the right to upload.
- Impersonate any person or entity, or misrepresent your affiliation.
- Resell, sublicense, or commercially exploit the Service without our written permission.
- Use the Service to harass, harm, or violate the rights of others.
6. User Content & License
The photos, habit logs, notes, and other content you create or upload (“User Content”) remain yours. We do not claim ownership of your User Content.
To operate the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and display your User Content solely as needed to provide the Service to you — for example, to generate your avatar, track your habits and progress, and show you your daily experience. This license ends when you delete the content or your account, except for content retained as described in our Privacy Policy or required by law.
You are responsible for your User Content and represent that you have the rights necessary to upload it.
7. Intellectual Property
The Service — including the Gamifest app, website, software, design, models, text, graphics, logos, and trademarks — is owned by Gamifest or our licensors and is protected by intellectual property laws. These Terms do not grant you any rights to our trademarks or branding.
Subject to these Terms, we grant you a limited, personal, non-transferable, non-exclusive, revocable license to use the Service for your personal, non-commercial use.
8. Health & Wellness Disclaimer
Gamifest is a gamified wellness and habit-building experience. Its content, features, and any activity or wellness information it shows are provided for general informational purposes only. They are not, and should not be relied on as, medical, health, dietary, fitness, or other professional advice.
Gamifest is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition. Always consult a qualified healthcare professional before starting or changing any exercise, diet, or wellness routine, or about any medical condition, and never disregard professional advice because of something you saw in the app. If you have a health concern, please seek appropriate professional support.
9. Third-Party Services & App Stores
The Service relies on and integrates with third-party services, including the Apple App Store, Google Play, payment processors, and authentication providers. Your use of those services is also governed by their terms and policies, and we are not responsible for them.
If you download Gamifest from an app store, you acknowledge that these Terms are between you and Gamifest, not the app store, and that the app store is not responsible for the Service. The app store’s own terms (including Apple’s Licensed Application End User License Agreement, where applicable) apply to your download and use of the app.
10. Disclaimer of Warranties
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or secure, or that defects will be corrected. You use the Service at your own risk.
11. Limitation of Liability
To the fullest extent permitted by law, Gamifest and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Service.
To the extent liability cannot be excluded, our total liability for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the twelve months before the claim, or USD $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless Gamifest and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your User Content, your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.
13. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access to the Service if you violate these Terms, if required by law, or if necessary to protect the Service or other users.
On termination, your right to use the Service ends. Sections that by their nature should survive — including User Content licenses already granted for retained content, intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive termination.
14. Changes to the Service & These Terms
We are continually improving Gamifest, and we may add, change, or remove features over time. We may also update these Terms as the Service evolves or as legal requirements change.
When we make a material change to these Terms, we will update the “Last updated” date above and, where appropriate, notify you in the app or by email. Your continued use of the Service after a change takes effect means you accept the revised Terms.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles, except where mandatory consumer-protection laws in your country of residence apply.
Before filing a formal claim, we encourage you to contact us at support@gamifest.ai so we can try to resolve the issue informally. Any disputes that cannot be resolved informally will be handled by the state or federal courts located in the State of Delaware, unless applicable law gives you the right to bring a claim elsewhere. Nothing in these Terms affects any non-waivable statutory rights you have as a consumer.
16. Contact Us
If you have any questions about these Terms, please email us at support@gamifest.ai and a real person will get back to you.
GAGING.AI Inc
128 South Main St, Unit 10, Marlboro, NJ 07746, USA