Terms of Service

1. Agreement to Terms

These Terms of Service form a binding agreement between you and Gumwall governing your access to and use of the Gumwall website, applications, and related services. By creating an account or otherwise using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service. If you are under 18: please review these Terms with a parent or guardian before using Gumwall. Section 2 explains age-related requirements in more detail.

2. Eligibility

You must be at least 13 years old to use Gumwall.
If you are between 13 and 17 years old, you may only use Gumwall with the involvement and permission of a parent or legal guardian, and your parent or guardian must review and agree to these Terms on your behalf. You may not make any purchase, upgrade, or contest a Tile unless a parent or guardian has authorized it, consistent with Section 7.
You must provide accurate registration information and keep it up to date.
You may maintain only one active account, except where Gumwall separately permits a linked Creator/Viewer account structure.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at [security contact] if you suspect unauthorized use.
You may not use Gumwall if you are barred from receiving the Service under applicable law, including export control and sanctions laws.

3. The Service

Gumwall provides an interactive canvas on each participating Creator's channel page, made up of individual digital spaces that Users can purchase, customize, and upgrade. Gumwall also offers optional linking of third-party gaming accounts to verify gameplay statistics, Faction/Turf War community features, milestone-based unlocks, and live broadcast overlay integrations. Features, availability, and specific mechanics may change, and Gumwall may add, modify, or discontinue features at its discretion, including for balance, safety, legal, or business reasons.

4. Accounts

You agree to provide accurate, current information when registering and to promptly update it if it changes. We may suspend or terminate your account under Section 15 if information you provide is false, misleading, or if we reasonably believe your account is being used to circumvent these Terms (including age or gating requirements).

5. Connected Gaming Accounts

Linking a third-party gaming account (currently supported: Steam, PlayStation Network, Xbox Live, Riot Games, Epic Games, GOG, and Ubisoft Connect - collectively, "Connected Platforms") is optional and always initiated by you.

By linking a Connected Platform account, you represent that you are authorized to do so and that doing so does not violate that platform's own terms of service. You remain responsible for complying with each Connected Platform's own terms when you link it to Gumwall.
Gumwall displays and relies on data provided to us by Connected Platforms (playtime, rank, achievements, and similar statistics). We do not independently verify the accuracy of this data and are not liable for inaccuracies, delays, or unavailability caused by a Connected Platform.
If a Connected Platform changes, restricts, or revokes our API access, features relying on that platform's data (including Gated Real Estate prerequisites, Verified Gamer Cred, and Automated Stream Triggers) may be delayed, altered, or unavailable, and Gumwall is not liable for resulting effects on your Tiles or gating status.
You may disconnect a Connected Platform account at any time in your account settings.
Steam, PlayStation, Xbox, Riot Games, Epic Games, GOG, Ubisoft, and related marks are trademarks of their respective owners. Gumwall is an independent platform and is not affiliated with, sponsored by, or endorsed by any Connected Platform unless separately and explicitly stated.

6. User Content

6.1 Ownership

You retain ownership of the original content (text, artwork, images, or other media) you upload to a Tile or your profile ("User Content").

6.2 License You Grant Us

By posting User Content, you grant Gumwall, and the Creator on whose Wall your Tile appears, a worldwide, non-exclusive, royalty-free, sublicensable (solely as needed for hosting, content delivery, and display) license to host, store, reproduce, display, adapt for different display formats, and distribute your User Content in connection with operating, promoting, and improving the Service. This license ends when you remove the content or delete your account, except to the extent your content remains part of collective Faction/Wall artwork as described in our Privacy Policy, or copies remain in routine backups for a limited period.

6.3 Prohibited Content

You may not upload, link, or transmit content that:

Is illegal, or promotes illegal activity;
Sexualizes, endangers, or otherwise exploits minors in any way - Gumwall has zero tolerance for this and will remove such content, terminate the associated account, and report it to the National Center for Missing & Exploited Children (NCMEC) or equivalent authorities as required by law;
Infringes another party's intellectual property or other rights;
Is sexually explicit, or constitutes hate speech, harassment, threats, or targeted bullying;
Depicts graphic violence or gore;
Contains malware or other harmful code;
Impersonates any person or entity, or misrepresents your affiliation;
Violates the terms of a Connected Platform in connection with data displayed on Gumwall; or
Is spam or unauthorized advertising.

6.4 Moderation

Gumwall and Creators may remove content, reclaim Tiles, or restrict accounts that violate these Terms or our Community Guidelines. We are not obligated to monitor User Content but reserve the right to review, moderate, and remove it, and to cooperate with law enforcement.

6.5 Copyright (DMCA) Policy

If you believe content on Gumwall infringes your copyright, send a notice to our designated agent at [DMCA agent name/email/address], including the information required under 17 U.S.C. Section 512(c)(3). We will respond consistent with the DMCA, including forwarding valid counter-notices and applying a repeat-infringer policy.

7. Tiles, Virtual Goods, and Payments

7.1 Nature of Tiles

A Tile represents a limited, revocable license to display content in a specific location on a Creator's Wall, subject to these Terms and to the Faction/Turf War mechanics described in Section 7.5. A Tile is not real property, a security, a commodity, or an investment. Tiles have no cash value, are not redeemable for money, and Gumwall does not represent or guarantee any resale value, future value, or continued availability of any Tile.

7.2 Purchases

All purchases are processed through our approved third-party payment processor(s). Prices are shown in the currency and amount displayed at checkout and may include applicable taxes. Gumwall or the relevant Creator may change pricing prospectively; changes do not affect purchases already completed.

7.3 Platform Commission

Creators earn a share of revenue generated from Tile purchases, upgrades, and contests on their Wall, calculated at the commission rate disclosed in the applicable Creator Agreement or dashboard at the time of the transaction. Gumwall retains the remaining amount as a platform fee.

7.4 Refunds

Purchases are generally final. This is subject to: (a) rights you may have under applicable law - for example, in the UK/EEA, digital content purchases are often subject to a statutory withdrawal period unless you expressly consent to immediate access and acknowledge the loss of that withdrawal right, which you do by completing checkout; and (b) Gumwall's discretion to issue refunds or credits in cases of billing error, unauthorized transactions, or fraud. Contact [support email] for refund requests.

7.5 Turf Wars and Contested Tiles

Tiles can be claimed, upgraded, reclaimed, or overwritten by other Users through Faction and Turf War mechanics that Gumwall and/or the applicable Creator define and may modify over time. Purchasing or upgrading a Tile does not guarantee permanent or uncontested ownership unless a specific feature expressly states otherwise. Gumwall reserves the right to define, adjust, and resolve disputes about contested Tiles at its sole discretion. These features are based on participation, spend, and community coordination - they are not games of chance, and outcomes are not randomized in a manner intended to constitute gambling.

7.6 Taxes

Displayed prices may exclude taxes such as VAT or sales tax, which may be added at checkout where applicable. Creators are solely responsible for their own tax obligations on revenue earned through the Service.

7.7 Fraud and Chargebacks

We may suspend accounts, reclaim or void Tiles obtained through fraud, or pursue any available remedy - including collection - in response to fraudulent transactions or chargebacks.

8. Creator Terms

Creators use Gumwall as independent creators; nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between a Creator and Gumwall.
Creators are responsible for their own community's compliance with these Terms and any Gumwall Community Guidelines, and for complying with applicable law, including disclosure requirements for any paid promotion.
Payouts are made on the schedule and through the method described in the Creator dashboard. Gumwall may delay or withhold payouts during a fraud, chargeback, or Terms-violation investigation.
Creators are solely responsible for accurately configuring any Gated Real Estate prerequisites (e.g., playtime or rank thresholds). Gumwall is not liable for access granted or denied due to inaccurate or delayed third-party data described in Section 5.

9. Gated Real Estate and Verified Gamer Cred

Prerequisites Creators set for specific Tiles or zones rely on data supplied by Connected Platforms. Gumwall makes reasonable efforts to reflect this data accurately but does not guarantee real-time accuracy and is not liable for consequences of third-party data errors, delays, or unavailability, including a User being incorrectly granted or denied access to gated content.

10. Automated Stream Triggers and Overlay Features

Automated triggers and overlay effects are provided on an "as-is" basis and depend on the continued availability and accuracy of Connected Platform data, your streaming software, and related third-party services. Gumwall is not liable for missed, delayed, or incorrect triggers arising from any of these dependencies.

11. Acceptable Use

In addition to Section 6.3, you agree not to:

Cheat, exploit bugs, or use bots or automation to purchase, claim, or contest Tiles;
Attempt to circumvent Gated Real Estate verification or falsify Connected Platform data;
Harass or target other Users through Faction or Turf War features;
Reverse-engineer, decompile, or scrape the Service, except as expressly permitted by applicable law;
Use the Service for any unauthorized commercial purpose; or
Violate any Connected Platform's own terms of service through your use of Gumwall.

12. Intellectual Property

The Gumwall name, logo, software, and platform design are owned by [Company Legal Name] and protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. All rights not expressly granted are reserved.

13. Third-Party Services

References to Steam, PlayStation Network, Xbox Live, Riot Games, Epic Games, GOG, and Ubisoft Connect are for identification of supported integrations only. These are trademarks of their respective owners, and Gumwall's use of these integrations is subject to each platform's own developer and API terms. Your use of a Connected Platform remains governed by that platform's own terms of service, independent of your agreement with Gumwall.

14. Term, Suspension, and Termination

These Terms apply for as long as you use the Service. We may suspend or terminate your account, with or without notice, for violation of these Terms, suspected fraud, legal risk, or at our discretion for serious violations. You may delete your account at any time through account settings; see our Privacy Policy for how we handle your data afterward. Tiles are not refunded solely because an account is terminated for cause. Sections that by their nature should survive termination (including Sections 7.1, 12, 15-19) will survive.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THIRD-PARTY DATA (INCLUDING CONNECTED PLATFORM DATA) WILL BE ACCURATE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUMWALL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. GUMWALL'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO GUMWALL IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) [US$100]. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify and hold Gumwall harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from: your User Content; your breach of these Terms; or your violation of any law or third-party right, including a Connected Platform's terms of service.

18. Dispute Resolution

Please read this section carefully - it affects your legal rights. We encourage you to contact us first at [support/legal email] to resolve any dispute informally. [If arbitration is desired: Except for claims that qualify for small-claims court, disputes will be resolved by binding individual arbitration under the rules of [American Arbitration Association], and you and Gumwall each waive the right to a jury trial and to participate in a class action. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by [opt-out mechanism].] This section applies only to the extent enforceable under applicable law; consumer-protection laws in some jurisdictions (and special considerations for agreements involving minors) may limit or prohibit mandatory arbitration or class-action waivers, including for a portion of our users given Gumwall's minimum age of 13 - see the note provided outside this document. These Terms are governed by the laws of [State/Country], without regard to conflict-of-laws principles, except where applicable law requires otherwise (for example, certain consumer-protection rights of EU/UK residents).

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (such as an in-app notice or email) before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

20. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any Creator Agreement, constitute the entire agreement between you and Gumwall regarding the Service.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
No Waiver: Our failure to enforce a provision is not a waiver of our right to do so later.
Assignment: You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
Relationship of the Parties: Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship.

GUMWALL