From raw footage to a published upload
without opening a video editor

1. Who the Controller Is

GAMIFY is established in Portugal, in the European Economic Area (EEA). All processing of personal data, including that of users living outside Europe, is carried out in accordance with:

• Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR);
• Law No. 58/2019 of 8 August (Portuguese GDPR Implementation Law);
• Law No. 41/2004 of 18 August (privacy in electronic communications, including cookies and email marketing).

Data Protection Officer (DPO). Given the size and nature of its activity, GAMIFY is not required to appoint a DPO under Article 37 of the GDPR. All privacy matters are handled directly by the controller at info@gamify.pt.

2. Who This Policy Applies To

This Policy applies to:

• Users who purchase a Plan in the GAMIFY Store (Shopify) and access the Platform;
• Sub-users created by a User;
• Visitors to our website and the Store;
• People who click on Short URLs created on the Platform;
• People who contact us (support, complaints, reports).

Capitalised terms have the meaning given in the Terms of Service.

3. What Data We Process, Why and on What Legal Basis

3.1. Overview

3.2. Legitimate interest

Where we rely on legitimate interest, we have first weighed that interest against your rights. Our legitimate interests are:

• protecting the Platform, Users and third parties against fraud, abuse, malware and phishing;
• preventing the sharing of Credentials;
• improving the service based on aggregated data.

You may object to this processing at any time (Section 8).

3.3. User Content: GAMIFY as processor

For personal data contained in User Content (for example, people who appear in your videos), the User is the controller and GAMIFY acts as processor, under Article 28 of the GDPR:

• we process that data only on the User's instructions and to provide the service;
• we do not access the Content, except where necessary for technical support requested by the User, for security or where required by law;
• we do not use User Content to train AI models or for any purpose of our own.

The User must ensure that they have a legal basis to process the data of the people depicted, including their consent to the use of their image where required.

3.4. People who click on Short URLs

When someone clicks on a Short URL, we record minimal technical data to redirect the click and produce statistics for the User who created the link. The IP address is used only to determine the approximate country and for security, and is then truncated or anonymised. The User only receives aggregated statistics, never data that identifies who clicked.

3.5. Automated decisions

We use automated systems to detect signs of account sharing, payment fraud and malicious Short URLs. No decision to permanently close an account is taken solely by automated means. Before a permanent ban, there is always human review and the User may respond, under Article 22 of the GDPR.

4. Who We Share Data With (Processors)

We do not sell, rent or share your personal data for third-party advertising purposes.

We share data only with the providers strictly necessary to deliver the service. All are bound by data processing agreements (Article 28 of the GDPR) and may only process the data for the purposes we specify.

AI providers. Prompts and content sent to the AI Tools are transmitted through the providers' business interfaces (APIs). Under the contractual terms applicable to those APIs, the providers do not use this data to train their models. They may retain it for a limited period for abuse detection, after which it is deleted. We recommend that you do not include sensitive personal data in prompts.

Other disclosures. We may also disclose data:

• to Third-Party Networks, when the User instructs us to publish content (Section 6);
• to public authorities, courts or regulators, where required by law;
• to a potential successor of the business (for example, a company set up to operate GAMIFY), with this Policy continuing to apply.

The up-to-date list of processors is available on request from info@gamify.pt.

5. International Data Transfers

GAMIFY is based in Portugal, in the EEA. Some of our processors process data outside the EEA. In that case, the transfer is only made using one of the mechanisms in Chapter V of the GDPR, which ensure a level of protection essentially equivalent to that required in the European Union:

Supplementary measures applied:

• encryption of data in transit (TLS) and, wherever the provider allows, at rest;
• minimisation of the data sent (for example, AI providers receive only the prompt and the necessary content, without the User's name or email);
• preference for hosting regions within the European Union, wherever available.

You can request a copy of the safeguards applicable to a specific transfer at info@gamify.pt.

6. Social Network Data (YouTube, Blogger, Discord, TikTok, Facebook and Instagram)

6.1. How the connection works

The Platform connects to Third-Party Networks only when the User expressly authorises it, through each network's official authorisation mechanism (for example, OAuth 2.0). We never ask for or store the password of your social media accounts.

6.2. What data we receive and store

Data minimisation. We request only the permissions (scopes) strictly necessary for the features the User enables. We do not access private messages, friend lists or individual followers, or data of third parties who interact with your accounts.

6.3. Token security

• Tokens are stored encrypted and are never displayed on the Platform or shared with other Users.
• They are used exclusively to carry out the actions the User requests.
• Internal access to tokens is restricted and logged.

6.4. Revocation and deletion

• You can disconnect any network at any time on the Platform, which immediately deletes the related tokens.
• You can also revoke access directly in each network. For Google accounts (YouTube and Blogger): myaccount.google.com/permissions.
• After revocation, or if a token is no longer valid, we delete the tokens immediately and the associated metadata and statistics within a maximum of [30] days, unless the User asks for them to be kept as history while the Plan is active.

6.5. Google-specific rules (YouTube and Blogger)

• The Platform uses the YouTube API Services. When you connect your account, the YouTube Terms of Service and the Google Privacy Policy also apply.
• The use and transfer of information received from Google APIs complies with the Google API Services User Data Policy, including the Limited Use requirements: data obtained from Google APIs is used only to provide user-facing features, is not sold, is not used for advertising and is not used to train AI models.

6.6. Rules for the other networks

The processing of data obtained from TikTok, Meta (Facebook and Instagram) and Discord complies with each platform's developer terms and data policies. Each network is responsible for the processing it carries out on its own services, under its privacy policies.

7. How Long We Keep Data

After these periods, data is securely deleted or anonymised.

8. Your Rights

Under Articles 15 to 22 of the GDPR, you have the following rights:

8.1. How to exercise your rights

• Send an email to info@gamify.pt, stating the right you wish to exercise.
• To protect your data, we may ask you to confirm your identity, usually through the email address associated with the account.
• We reply within one month, which may be extended by two further months for complex or numerous requests, in which case we will tell you why (Art. 12(3) GDPR).
• Exercising your rights is free of charge, except for manifestly unfounded or excessive requests.
• You can export and delete much of your data directly on the Platform (File Manager and account settings).

8.2. Right to complain to the CNPD

If you believe that the processing of your data breaches the GDPR, you have the right to lodge a complaint directly with the Portuguese supervisory authority, without prejudice to any other administrative or judicial remedy:

If you live in another EU or EEA Member State, you can also complain to the data protection authority of your country of residence or place of work. We would, however, appreciate it if you contacted us first: we will try to resolve the matter quickly.

9. Users Outside the European Union

GAMIFY applies the GDPR level of protection to all Users, regardless of their country of residence. In addition:

9.1. Brazil (LGPD)

Data subjects in Brazil have the rights set out in Article 18 of Law No. 13,709/2018 (LGPD), including confirmation that processing exists, access, correction, anonymisation, blocking or deletion, portability, information about sharing and withdrawal of consent. They can exercise them at info@gamify.pt and lodge a complaint with the National Data Protection Authority (ANPD).

9.2. United States — California (CCPA/CPRA) and other States

To the extent these laws apply to GAMIFY:

• we do not sell personal data and do not share it for cross-context behavioral advertising;
• California residents have the right to know what data we collect, to correct and delete it, and not to be discriminated against for exercising these rights;
• the categories of data, sources, purposes and recipients are set out in Sections 3 and 4;
• requests can be sent to info@gamify.pt and may be made through an authorised agent, subject to verification.

Similar rights under other US state privacy laws can be exercised in the same way.

9.3. United Kingdom

Data subjects in the United Kingdom benefit from the rights under the UK GDPR and can complain to the Information Commissioner's Office (ICO).

9.4. Other countries

Any additional rights granted by the law of your country of residence can be exercised at info@gamify.pt.

10. Data Security

We apply technical and organisational measures appropriate to the risk (Article 32 of the GDPR), namely:

• encryption of communications (HTTPS/TLS) and of sensitive data at rest, including social network tokens;
• passwords stored only with robust hashing algorithms;
• access control based on the principle of least privilege, with access logging;
• session monitoring to detect unusual access;
• backups and recovery procedures;
• selection of processors with appropriate security guarantees.

Data breaches. In the event of a personal data breach likely to result in a risk, we notify the CNPD within 72 hours of becoming aware of it (Art. 33). If the risk is high, we also inform the affected data subjects without undue delay (Art. 34).

Your part: we will never ask for your password by email. Use a unique password and do not share your Credentials.

11. Minors

The Platform is intended for people aged 18 or over, the minimum age required to purchase a Plan. We do not knowingly collect data from minors. Under Article 16 of Law No. 58/2019, in Portugal the consent of minors for information society services is only valid from the age of 13. If we become aware that we have collected data from a minor without a legal basis, we will delete it immediately. You can alert us at info@gamify.pt.

12. Cookies and Similar Technologies

The Platform uses strictly necessary cookies to keep you signed in and ensure security, which do not require consent. Analytics or marketing cookies are only used with your prior consent, which you can manage in the cookie banner. The Shopify Store uses its own cookies, described in its policy. More details in our Cookie Policy.

13. Emails

• Service emails (Credentials, invoices, limit warnings, expiry or renewal, security, changes to the Terms) are sent because they are necessary for the service. They cannot be turned off while you have an active Plan.
• Marketing emails are only sent with your consent or, if you are a customer, about products similar to those you purchased, with the option to opt out in each email. All of them include a link to unsubscribe.

14. Changes to This Policy

We may update this Policy to reflect legal or technical changes or new providers. Material changes are announced by email or on the Platform at least 30 days in advance. The date of the last update is always shown at the top of the document.

15. Contact

For any question about this Policy or your personal data:

info@gamify.pt
GAMIFY — Portugal

Important notice. These Terms of Service, including the Refund and Withdrawal Policy (Section 9), govern the purchase of Plans and the use of the Platform. By completing a purchase in the Store or by accessing the Platform, the User declares that they have read, understood and fully accept their content. If you do not agree, do not purchase any Plan or use the Platform.

1. Service Provider Identification

Under Article 10 of Decree-Law No. 7/2004 of 7 January (Electronic Commerce Law) and Article 4 of Decree-Law No. 24/2014 of 14 February, the provider is identified as follows:

• Trade name: GAMIFY
• Support contact: support@gamify.pt
• Legal, privacy and reporting contact: info@gamify.pt

(hereinafter "GAMIFY", "we" or "our").

2. Definitions

3. Purpose, Acceptance and Territorial Scope

3.1. Purpose. These Terms govern the purchase of Plans in the Store and access to the Platform during the purchased Plan Period.

3.2. Purchase and acceptance. The purchase of a Plan is deemed complete once the Store confirms payment. These Terms are accepted electronically at checkout, and this acceptance has the value of a written declaration under Portuguese law on electronic documents and electronic commerce. For legal purposes, buying a Plan online is a distance sale of digital services and content, subject to Decree-Law No. 24/2014 (Section 9).

3.3. Capacity. The User declares that they are at least 18 years old and have the legal capacity to enter into contracts. If acting on behalf of a legal person, the User declares that they have sufficient authority to bind it.

3.4. Territorial scope. GAMIFY is based in Portugal and provides its services globally, over the internet, to Users in any country, except for the restrictions in Section 14. These Terms apply to all Users, regardless of their country of residence or place of access.

3.5. Precedence. In the event of conflict between these Terms and any commercial description, these Terms prevail. The exception is the features and Infrastructure Limits of each Plan, which prevail as published in the Store on the date of purchase or monthly renewal.

4. Shopify Integration, Access and Infrastructure Limits

4.1. Purchasing and managing the Plan on Shopify

4.1.1. The purchase, monthly renewal, change (upgrade/downgrade) and cancellation of Plans are carried out exclusively through the Store on Shopify. The Platform does not process payments.

4.1.2. Once Shopify confirms payment, GAMIFY provides the User with Credentials to access the Platform, via the email address given at purchase.

4.1.3. The status of the Plan on Shopify is the single source of truth. That status may be active, cancelled, expired, refunded or disputed. It is synchronised automatically with the Platform and determines, at all times, the access, features and Infrastructure Limits that apply.

4.1.4. The payment relationship with Shopify and its payment provider is also subject to their terms. GAMIFY is not responsible for payment processing failures attributable to those third parties.

4.2. Personal, non-transferable access

4.2.1. Access to the Platform is strictly personal, non-transferable and protected by Credentials. The licence of use is granted exclusively to the holder of the Main Account and to validly created Sub-users.

4.2.2. The following are expressly prohibited:

• (a) sharing, assigning, selling, renting or lending Credentials;
• (b) allowing several people to access with the same Credentials;
• (c) reselling, sublicensing or making the Platform available to third parties;
• (d) using any technical means to circumvent the Infrastructure Limits or conceal account sharing.

4.2.3. The User is responsible for keeping the Credentials confidential and for all activity carried out on their account, including that of their Sub-users.

4.3. Infrastructure Limits enforced on the Platform

4.3.1. The Infrastructure Limits of each Plan are published in the Store and enforced technically and automatically on the Platform. In particular:

4.3.2. Resetting the limits.

• Monthly Plan: limits are reset at the start of each paid month.
• One-Time Payment Plan: limits are reset monthly during the fixed duration or allocated all at once for the entire Plan Period, as stated in the Store for each Plan.

Unused credits and capacity do not carry over to the following month or Period, expire at the end of the Plan, have no monetary value and are non-refundable, unless mandatory law provides otherwise.

4.3.3. After a downgrade or the end of the Plan, Content exceeding the new storage limit is subject to the rules in Section 7.4.

4.4. Suspension of access

4.4.1. GAMIFY may immediately suspend, in whole or in part, access to the Platform in the event of:

• (a) account sharing or well-founded indications of it;
• (b) suspected payment fraud on Shopify, including third-party payment methods, chargebacks or payment disputes;
• (c) breach of these Terms, in particular Sections 6, 7 and 8;
• (d) risk to the security or integrity of the Platform;
• (e) an order from a judicial or administrative authority.

4.4.2. Where this does not compromise an investigation or security, GAMIFY will state the reason for the suspension and allow the User to respond.

5. Platform Features

5.1. The availability of each feature depends on the active Plan.

5.2. The AI Tools rely on third-party technology providers. Results are generated automatically and may be inaccurate or similar to results generated for others. It is solely the User's responsibility to review and validate any result before using or publishing it.

5.3. GAMIFY may develop, change or discontinue features, provided it does not substantially and unjustifiably reduce the essential characteristics of the current Plan. Substantial changes are announced at least 30 days in advance. For Monthly Plans, they give the User the right to cancel the Plan. For One-Time Payment Plans, a substantial removal of essential features gives the right to proportional compensation under Section 9.9.

6. Intellectual Property — Copyright and Related Rights

6.1. Original ownership by the User

6.1.1. Under Article 11 of the Portuguese Code of Copyright and Related Rights (CDADC), approved by Decree-Law No. 63/85 of 14 March, copyright belongs to the intellectual creator of the work. Accordingly, the User retains original, full and exclusive ownership of the copyright and related rights in the User Content they upload, create and edit on the Platform, to the extent that such rights exist under the law.

6.1.2. Using the Platform does not involve any transfer or encumbrance of the User's economic rights in favour of GAMIFY. Nor does it in any way affect the moral rights of the author, which are inalienable, cannot be waived and do not lapse under Articles 9 and 56 of the CDADC.

6.1.3. GAMIFY claims no ownership rights over User Content.

6.2. Technical authorisation granted to GAMIFY

6.2.1. For the purposes of Articles 40 and 41 of the CDADC, the User authorises GAMIFY to carry out, on User Content, the technical acts strictly necessary to provide the service. These include hosting, storing, technically reproducing, transcoding, converting, resizing, analysing, transmitting and, on the User's express instruction, communicating or making available to the public on Third-Party Networks.

6.2.2. This authorisation is:

• non-exclusive, free of charge and worldwide;
• limited to the purpose of providing the features requested by the User, ensuring security and complying with legal obligations;
• limited in time to the term of the Plan and the technical deletion period set out in Section 7.4;
• non-transferable, except to technical sub-processors (including Backblaze and AI providers) and only for the same purposes.

6.2.3. GAMIFY will not use User Content for advertising, its own commercial purposes or to train AI models without the User's prior and express consent.

6.2.4. Electronic acceptance of these Terms satisfies the written form required by Article 41(2) of the CDADC.

6.3. Warranties given by the User

6.3.1. The User represents and warrants that, with respect to all User Content:

• (a) they are its author or owner, or hold all necessary licences, authorisations and assignments to upload, edit, process and publish it, including on Third-Party Networks;
• (b) they have obtained authorisation from the holders of related rights (performers, producers of phonograms and videograms, and broadcasting organisations, under Articles 176 et seq. of the CDADC), in particular for music, audiovisual excerpts and third-party recordings;
• (c) they have obtained the necessary consents regarding the right to one's image and the personal data of the people depicted (Article 79 of the Civil Code and the GDPR);
• (d) they respect third parties' industrial property rights, namely trade marks and logos (Industrial Property Code);
• (e) when relying on a permitted use (for example quotation, criticism or parody, under Article 75 of the CDADC or an equivalent foreign regime), they do so at their own risk and are responsible for the legal assessment.

6.3.2. The User acknowledges that unauthorised use of protected works or performances may constitute the crimes of usurpation and counterfeiting under Articles 195 to 199 of the CDADC, as well as giving rise to civil liability.

6.4. GAMIFY's exemption from liability for third-party infringements

6.4.1. GAMIFY acts as an intermediary provider of technical services. It does not select, pre-screen or have actual knowledge of User Content, and has no general obligation to monitor it, under Decree-Law No. 7/2004 and Articles 6 and 8 of Regulation (EU) 2022/2065 (Digital Services Act).

6.4.2. Consequently, GAMIFY is not liable for any infringement of copyright, related rights, image rights or other third-party rights committed by the User through User Content. This includes infringements resulting from its publication on YouTube, TikTok, Facebook, Instagram, Blogger, Discord or any other Third-Party Networks.

6.4.3. This covers, among others:

• copyright claims, strikes and content identification systems (such as Content ID);
• content removals, demonetisation, reduced reach (shadowbans) and account suspensions or terminations;
• judicial, out-of-court or criminal proceedings brought by rights holders.

6.4.4. Right of recourse and indemnity. The User undertakes to indemnify and hold GAMIFY harmless from any claims, damages, fines, costs and reasonable legal fees arising from infringements of third-party rights by User Content. For Consumers, this obligation applies within the limits of civil liability provided by law.

6.4.5. Upon obtaining actual knowledge of manifestly unlawful content, in particular through a notice under Section 7.5, GAMIFY will act diligently to remove it or disable access to it.

6.5. AI-generated results

6.5.1. As between the parties, GAMIFY assigns to the User any rights it may have in the results generated by the AI Tools from the User's instructions.

6.5.2. The User acknowledges that protection under the CDADC of content generated predominantly by AI is legally uncertain, because Portuguese law requires a human intellectual creation. GAMIFY does not guarantee that such results are protectable or that they do not overlap with third-party rights.

6.5.3. Where applicable law or the rules of Third-Party Networks so require, it is the User's responsibility to label content as AI-generated or AI-manipulated.

6.6. GAMIFY's intellectual property

6.6.1. The Platform is the exclusive property of GAMIFY or its licensors. This covers the software (protected by Decree-Law No. 252/94 of 20 October), code, design, interface, databases (Decree-Law No. 122/2000 of 4 July), trade marks, logos, templates, documentation and the content of the Useful Content Tabs.

6.6.2. During the term of the Plan, the User is granted a limited, non-exclusive, revocable and non-transferable licence to access and use the Platform, strictly in accordance with these Terms.

6.6.3. Decompiling, reverse engineering and extracting code are prohibited, except where expressly permitted by Decree-Law No. 252/94. The templates provided may be incorporated into User Content, but may not be extracted, resold or redistributed on their own.

7. Storage (Backblaze B2) and Short URLs

7.1. Purpose of storage. Storage is provided through Backblaze B2, as a technical sub-processor. It is intended exclusively for the User's active workflow. The Platform is not a backup or permanent archive service, so the User should keep their own copies of their Content.

7.2. Prohibited uses. It is strictly prohibited to use the Platform to:

• (a) host or distribute pirated files or protected works without authorisation;
• (b) illegally distribute content, including through public links;
• (c) operate as a public file server, CDN or file-sharing service;
• (d) store malware or intrusion tools.

7.3. Short URLs

7.3.1. Short URLs pointing to malware, phishing, scams or fraudulent schemes are deleted immediately.

7.3.2. Such use is a definitive and serious breach and results in the immediate cancellation of the Plan and banning of the User, with no right to a refund (Section 11.2), without prejudice to reporting to the competent authorities.

7.3.3. GAMIFY may automatically check link destinations using third-party reputation and security services.

7.4. Excess storage and deletion

7.4.1. If storage exceeds the Plan's limit, the User is notified and has 30 days to resolve the situation. After that period, and following a further notice, the excess files may be deleted.

7.4.2. After the Plan expires or is cancelled, Content remains available for download for 30 days, after which it is permanently deleted. In the event of cancellation for serious breach, deletion may be immediate, unless there is a legal obligation to retain it.

7.5. Reporting unlawful content. Anyone may report unlawful content or Short URLs to info@gamify.pt, stating:

• the exact location (URL);
• the reasons why it is unlawful;
• their identity;
• a statement of good faith.

GAMIFY decides diligently and communicates a reasoned decision to the reporter and to the affected User, under Articles 16 and 17 of the Digital Services Act.

8. Social Network Integration

8.1. The Platform integrates with YouTube, TikTok, Facebook, Instagram, Blogger and Discord, subject to the User's authorisation (for example, OAuth).

8.2. The User undertakes to comply strictly with the Terms of Service, Community Guidelines, copyright and monetisation policies and API policies of each Third-Party Network. This includes the YouTube Terms of Service, which apply to any use of the YouTube API services through the Platform.

8.3. GAMIFY is not responsible for penalties, strikes, shadowbans, demonetisation, content removals or account suspensions and terminations applied by Third-Party Networks. Nor is it liable for the change, restriction or revocation of their APIs.

8.4. GAMIFY is not affiliated with, sponsored by or endorsed by any of the Third-Party Networks, whose trade marks belong to their respective owners.

9. Refund Policy and Right of Withdrawal

9.1. Legal framework

9.1.1. Purchases of Plans made in the Store, whether One-Time Payment or Monthly, are distance sales, subject to Decree-Law No. 24/2014 of 14 February, as amended, which transposes Directive 2011/83/EU.

9.1.2. Plans give immediate access to digital content and services not supplied on a tangible medium, the provision of which involves the immediate use of costly, non-recoverable infrastructure (AI Credits, compute for video processing and Backblaze B2 storage).

9.2. General rule (Consumers). As a rule, the Consumer has 14 days from the date of purchase of the Plan to exercise the right of withdrawal, without having to give a reason.

9.3. Express consent and loss of the right of withdrawal

9.3.1. Under the exception in Article 17 of Decree-Law No. 24/2014 for the supply of digital content not supplied on a tangible medium, the Consumer, at the Store checkout and before completing the purchase:

• (a) expressly requests that the supply of the digital content and services begin immediately, before the end of the 14-day period; and
• (b) expressly acknowledges that, once performance has begun, they lose the right of withdrawal.

This consent and acknowledgement are given through a mandatory, unticked checkbox shown at the Store checkout. GAMIFY sends the Consumer confirmation on a durable medium (the order confirmation email), which reproduces that consent and acknowledgement.

9.3.2. Once that consent and acknowledgement have been given, the right of withdrawal ends immediately and permanently when the first of the following events occurs:

• 1. the first login of the User (or a Sub-user) to the Platform, which marks the start of the supply of digital content;
• 2. the first AI content generation (image, text or SEO);
• 3. the first video processing;
• 4. the first upload of files to Backblaze B2 storage;
• 5. the creation of the first Short URL.

9.3.3. The occurrence of any of these events is recorded in GAMIFY's systems (access and usage logs, with date and time). These logs serve as proof that performance has begun, unless proven otherwise.

9.4. Exercising the right before performance begins. If none of the events in Section 9.3.2 has occurred, the Consumer may exercise the right of withdrawal within 14 days, by an unequivocal statement sent to support@gamify.pt or using the model withdrawal form provided for in Decree-Law No. 24/2014, which GAMIFY sends on request and whose use is optional. A full refund is made within 14 days of receipt of the statement, using the same payment method used on Shopify, at no cost to the Consumer.

9.5. Safeguard clause. If, for any reason, it is held that the right of withdrawal did not end under Section 9.3 and the Consumer exercises it within the legal period, the refund is made after deducting the amount proportional to the services actually provided up to the date of the notice. That amount includes the AI Credits consumed, the processing performed and the storage used, under Decree-Law No. 24/2014.

9.6. Professional Users and Users outside the EU

9.6.1. Professional Users do not benefit from the right of withdrawal. For them, all sales are final.

9.6.2. For Consumers resident outside the European Union, the European Economic Area and the United Kingdom, all sales made in the Store are final and non-refundable. This is without prejudice to rights granted by the law of their country of residence that cannot be excluded by contract, such as the right of regret under the Brazilian Consumer Protection Code.

9.7. Duration, expiry and cancellation

9.7.1. One-Time Payment Plan (fixed duration).

• It is paid once and gives access to the Platform for the fixed duration stated in the Store, counted from the date of purchase.
• It does not renew automatically and generates no future charges.
• At the end of the fixed duration, access expires. To continue, the User must purchase a new Plan.
• GAMIFY sends an email reminder before the expiry date.
• There is no proportional refund for unused time, without prejudice to Sections 9.3 to 9.6 and 9.9.

9.7.2. Monthly Plan.

• It is charged on the date of purchase and renews automatically every month, on the same date, at the current price, until cancelled.
• The price, monthly frequency and how to cancel are clearly stated before purchase.
• The User may cancel at any time in the Shopify Store, by the same means used for the purchase.
• Cancellation prevents the following month's charge, but does not give the right to a refund of the current month.
• The User keeps access to the Platform until the end of the month already paid.

9.8. Exclusions. No refund is due, under either type of Plan, in the event of cancellation for serious breach by the User (Section 11.2), namely in the following cases:

• account sharing;
• payment fraud or abusive chargebacks;
• hosting pirated files;
• malicious Short URLs.

9.9. Conformity rights. This Section does not affect the Consumer's rights in the event of lack of conformity of the digital content or services, under Decree-Law No. 84/2021 of 18 October. Those rights include bringing the content into conformity, a proportional price reduction or a refund of the price paid.

9.10. Chargebacks. Opening a dispute or chargeback results in the immediate suspension of access until it is resolved. Before starting one, the User should contact support@gamify.pt.

10. Personal Data

10.1. The processing of personal data is governed by the Privacy Policy, in accordance with Regulation (EU) 2016/679 (GDPR) and Law No. 58/2019 of 8 August.

10.2. For personal data contained in User Content, the User is the controller and GAMIFY acts as processor, under the Data Processing Agreement, available on request from info@gamify.pt.

10.3. International transfers of data to processors outside the European Economic Area, such as Shopify, Backblaze and AI providers, are made with the safeguards of Chapter V of the GDPR.

11. Plan Term, Suspension and Cancellation

11.1. Term. The One-Time Payment Plan runs for the fixed duration purchased and expires automatically at its end. The Monthly Plan runs month by month and renews automatically until cancelled (Section 9.7).

11.2. Cancellation for serious breach. GAMIFY may cancel the Plan and close the account with immediate effect, by written notice, in the event of:

• (a) account sharing or resale;
• (b) confirmed payment fraud;
• (c) infringement of third-party copyright or related rights, in breach of Section 6.3;
• (d) hosting pirated files or illegal distribution;
• (e) malicious Short URLs;
• (f) any other serious breach of these Terms.

In these cases, cancellation takes effect with no right to a refund, without prejudice to GAMIFY's right to compensation for the damage suffered.

11.3. Termination of the service by GAMIFY without cause, with 30 days' notice and a proportional refund of the time paid for and not used. For the One-Time Payment Plan, this refund is calculated based on the remaining days of the fixed duration.

11.4. Sections 6, 7.4, 8.3, 12, 15 and 16 continue to apply after the Plan expires or is cancelled.

12. Warranties and Limitation of Liability

12.1. Consumers' statutory rights, in particular those under Decree-Law No. 84/2021, remain fully in force.

12.2. To the maximum extent permitted by law, GAMIFY is not liable for:

• (a) acts of Third-Party Networks;
• (b) infringements of third-party rights by User Content (Section 6.4);
• (c) AI results and how the User uses them;
• (d) loss of profits, revenue, monetisation, audience or reputation;
• (e) loss of Content the User has not backed up, unless due to GAMIFY's fault;
• (f) third-party failures beyond its reasonable control or force majeure.

12.3. For Professional Users, GAMIFY's total liability is limited to the amount paid in the 12 months before the event giving rise to the damage.

12.4. Under Articles 18 and 21 of Decree-Law No. 446/85 of 25 October (General Contractual Clauses Regime), no provision of these Terms excludes or limits GAMIFY's liability for wilful misconduct or gross negligence, for damage to life, physical integrity or health, or any liability that the law does not allow to be excluded.

13. Changes to the Terms

13.1. GAMIFY may change these Terms for legal, regulatory or technical reasons or as the service evolves, with at least 30 days' notice.

13.2. If they do not agree with the changes, the holder of a Monthly Plan may cancel it before they take effect. Price changes apply to Monthly Plans only from the renewal following the notice, and never affect a One-Time Payment Plan already paid for, which keeps the conditions of purchase until the end of its duration.

14. International Use, Sanctions and Taxes

14.1. The User is responsible for ensuring that their use of the Platform is lawful in the country from which they access it.

14.2. The purchase or use of the Platform by persons or entities subject to EU, UN, UK or US (OFAC) sanctions, or resident in territories subject to comprehensive sanctions, is prohibited.

14.3. Prices are shown in the Store and may include or be subject to consumption taxes, such as VAT (including through the OSS scheme), GST or sales tax, depending on the User's country. Currency exchange and bank charges are borne by the User.

15. Governing Law and Jurisdiction

15.1. Governing law. These Terms, and all legal relationships arising from them, are governed by and construed in accordance with the laws of the Portuguese Republic, excluding its conflict-of-law rules, regardless of the User's country of residence or the place from which the Platform is used.

15.2. Jurisdiction. To settle any dispute, question or claim arising from the conclusion, interpretation, performance, breach or termination of these Terms, the parties expressly choose the Judicial Court of the District of [COMARCA] as the sole competent court, expressly waiving any other.

15.3. Mandatory protection for Consumers. Sections 15.1 and 15.2 apply without prejudice to mandatory rules that, for the Consumer's benefit, cannot be excluded by agreement. In particular:

• (a) the choice of Portuguese law does not deprive the Consumer of the protection of the mandatory provisions of the law of their country of habitual residence, under Article 6 of Regulation (EC) No 593/2008 (Rome I);
• (b) the choice-of-court clause cannot be enforced against the Consumer to the extent that the law guarantees them the right to sue and be sued in the courts of their domicile. This is the case under Articles 17 to 19 of Regulation (EU) No 1215/2012, the jurisdiction rules of the Portuguese Code of Civil Procedure and Article 19(g) of Decree-Law No. 446/85, as well as equivalent rules in third countries.

15.4. Alternative dispute resolution. Under Law No. 144/2015 of 8 September, in the event of a consumer dispute the Consumer may turn to the following alternative dispute resolution body: [ENTIDADE DE RESOLUÇÃO ALTERNATIVA DE LITÍGIOS]. More information on the Consumer Portal (www.consumidor.gov.pt).

15.5. Complaints Book. GAMIFY has an Electronic Complaints Book, available at www.livroreclamacoes.pt.

16. Final Provisions

16.1. Entire agreement. These Terms, the Privacy Policy and, where applicable, the Data Processing Agreement constitute the entire agreement between the parties.

16.2. Partial invalidity. The invalidity of any clause does not affect the others. The reduction regime under Article 292 of the Civil Code and Article 13 of Decree-Law No. 446/85 applies.

16.3. Assignment. The User may not transfer their Plan or account to third parties without GAMIFY's written consent. GAMIFY may transfer its position, in particular to a company that may be set up to operate the Platform, or as part of a transfer of the business, by notifying the User. The transfer does not affect ongoing Plans, which keep the same conditions.

16.4. No waiver. Failure to enforce any provision does not constitute a waiver of that right.

16.5. Language. These Terms are written in Portuguese, and translations may be provided. In the event of any discrepancy, the Portuguese version prevails, unless mandatory law provides otherwise.

16.6. Communications. Communications to the User are sent to the email address associated with the purchase or through the Platform. Communications to GAMIFY must be sent to support@gamify.pt.

1. Identification and Scope

1.1. This Policy applies to all purchases of Plans for the GAMIFY platform made through the GAMIFY Store hosted on Shopify, by customers in any country.

1.2. GAMIFY, Portugal.

1.3. Contacts:

• Refund, cancellation and support requests: support@gamify.pt
• Complaints and legal matters: info@gamify.pt

1.4. This Policy forms an integral part of the GAMIFY Terms of Service. Capitalised terms have the meaning given there.

2. Legal Nature of the Digital Product

2.1. GAMIFY is a supply of digital content and provision of electronic services over the internet, without any tangible medium. It includes access to the SaaS platform and its features: Dashboard, thumbnail editor, video processing, AI tools, cloud storage (Backblaze B2), Short URLs, content calendar and other tools.

2.2. Purchases made in the Store are distance contracts, governed by Portuguese law and, in particular, by:

• Decree-Law No. 24/2014 of 14 February, as amended (distance and off-premises contracts);
• Decree-Law No. 84/2021 of 18 October (consumer rights when buying digital content and services);
• Law No. 24/96 of 31 July (Consumer Protection Law);
• Decree-Law No. 7/2004 of 7 January (electronic commerce).

2.3. Immediate availability. Once Shopify confirms payment, GAMIFY sends the access Credentials and reserves for the User the infrastructure corresponding to the Plan: AI Credits, video processing capacity and cloud storage. These resources cost GAMIFY money from the moment they are made available and used, and those costs are not recoverable.

2.4. Plan types:

• Monthly Plan: paid monthly and renewed automatically until cancelled;
• One-Time Payment Plan: paid once, with a fixed duration stated in the Store, without automatic renewal.

3. Consumers in Portugal and the European Union: Exclusion of the Right of Withdrawal

3.1. General rule

In distance contracts, the consumer generally has 14 days to withdraw from the contract without giving a reason (right of withdrawal or "cooling-off right"), under Article 10 of Decree-Law No. 24/2014.

3.2. Legal exclusion for digital content

Under Article 17(1)(l) of Decree-Law No. 24/2014, the consumer cannot exercise the right of withdrawal for the supply of digital content not supplied on a tangible medium where:

• (a) performance has begun with the consumer's prior express consent;
• (b) the consumer has acknowledged that, by giving that consent, they lose the right of withdrawal; and
• (c) GAMIFY has sent them confirmation of that consent on a durable medium.

3.3. When performance begins

The consumer expressly agrees that performance of the digital product begins, and that the right of withdrawal ends permanently, when the first of the following events occurs:

The date and time of each of these events are recorded in GAMIFY's systems. These records serve as proof that performance has begun, unless proven otherwise.

3.4. Consequence

Once any of the events above has occurred, no refund is due under the right of withdrawal, either in full or in part.

3.5. If you have not yet used the platform

If none of the events in Section 3.3 has occurred, the consumer may exercise the right of withdrawal within 14 days of purchase by sending an unequivocal statement to support@gamify.pt (with the Shopify order number). A full refund is made within a maximum of 14 days, using the same payment method, at no cost.

3.6. Safeguard clause

If, for any reason, it is held that the right of withdrawal did not end under this Section, and the consumer exercises it within the legal period, the refund is made after deducting the amount proportional to the service already provided up to the date of the request. That amount includes the AI Credits used, the processing performed and the storage used, under Decree-Law No. 24/2014.

3.7. Business customers

The right of withdrawal applies only to consumers. For customers buying in the course of a professional or business activity, all sales are final, in any country.

4. Customers Outside the European Union (Rest of the World)

4.1. For customers resident outside the European Union, the European Economic Area (Iceland, Liechtenstein and Norway) and the United Kingdom, the market rule for software and digital products applies:

4.2. This rule covers Monthly and One-Time Payment Plans, unused months or days, unused AI Credits and unused storage or processing capacity.

4.3. Mandatory rules reserved. This Section applies without prejudice to rights granted to the consumer by the law of their country of residence that cannot be excluded by contract. In those cases, GAMIFY honours those rights strictly within the terms and time limits of local law. For example:

• Brazil: 7-day right of regret (Article 49 of the Consumer Protection Code), with deduction, to the extent permitted by law, of the value of the services actually used;
• Australia: statutory guarantees under the Australian Consumer Law;
• United Kingdom: the Consumer Contracts Regulations 2013, applied on terms equivalent to Section 3.

5. Exception: Total Failure of the Digital Service

5.1. When a refund may be given

As an exception, GAMIFY will consider refund requests where the following conditions are all met:

• (a) a total breakdown in the supply of the digital product, i.e. complete inability to access the platform or use its essential features;
• (b) continuous and lasting more than 72 consecutive hours;
• (c) caused solely by an error in GAMIFY's servers or infrastructure.

5.2. Situations that are not a GAMIFY failure

The following, among others, do not give a right to a refund:

• scheduled maintenance announced in advance;
• partial or intermittent failures, slowness, or unavailability of a single feature that does not prevent the use of the others;
• unavailability, change or revocation of social network APIs (YouTube, TikTok, Facebook, Instagram, Blogger, Discord) or penalties applied by those networks;
• failures of Shopify, payment providers, AI providers or other third-party services beyond GAMIFY's reasonable control;
• problems with the User's internet connection, equipment or software;
• running out of the Plan Limits (credits, storage, Short URLs);
• account suspension for breach of the Terms of Service;
• force majeure (disasters, large-scale cyberattacks, general power or telecommunications outages).

5.3. Amount

If approved, the refund is proportional to the period of unavailability. Alternatively, if the User prefers, GAMIFY may grant a free extension of the Plan for an equivalent period.

5.4. Deadline for the request

The request must be sent to support@gamify.pt within [15] days of the service being restored, with the order number and a description of the failure.

5.5. Statutory conformity guarantee

This Section is an additional commercial guarantee and does not limit the consumer's statutory rights. If the digital product does not conform to the contract, the consumer retains the rights under Decree-Law No. 84/2021:

• bringing the product into conformity;
• a proportional price reduction;
• termination of the contract with a refund of the price, in the cases provided for by law.

These rights apply regardless of the 72-hour threshold.

6. Cancellation of the Digital Service

6.1. Monthly Plan

6.1.1. The User may cancel the automatic renewal at any time, through their account in the Shopify Store or by emailing support@gamify.pt.

6.1.2. Cancellation prevents the following month's charge. To avoid renewal, it must be done before the renewal date.

6.1.3. Because this is a digital product with infrastructure reserved for the whole paid month:

• the User keeps access to the platform until the end of the monthly cycle already paid, within their Plan limits;
• there is no right to a proportional refund for unused days in that month.

6.2. One-Time Payment Plan

6.2.1. The One-Time Payment Plan does not renew and generates no future charges, so it does not need to be cancelled.

6.2.2. Access ends automatically at the end of the fixed duration purchased. GAMIFY sends an email reminder before that date.

6.2.3. There is no proportional refund for unused time.

6.3. After access ends

Stored Content remains available for download for [30] days, after which it is permanently deleted, in accordance with the Terms of Service. We recommend downloading your files before the Plan ends.

6.4. Credits and limits

Unused AI Credits, processing capacity, storage and Short URLs expire at the end of the month or the Plan. They do not carry over, have no monetary value and are non-refundable.

7. Situations With No Right to a Refund

Without prejudice to mandatory statutory rights, no refund is due, in any country or under any type of Plan, where:

• the account is closed for a serious breach of the Terms of Service, in particular Credential sharing, payment fraud, hosting pirated files or creating Short URLs for malware, phishing or scams;
• the User simply does not use the platform after performance has begun (Section 3.3);
• the User changes their mind or feels the product does not meet their personal expectations, where it conforms to the Plan description;
• social networks apply penalties, shadowbans or suspensions to the User's accounts.

8. Chargebacks and Payment Disputes

8.1. Before opening a dispute or chargeback with your bank or card issuer, please contact support@gamify.pt. Most situations are resolved quickly this way.

8.2. Opening a dispute results in the immediate suspension of access to the platform until it is resolved. Abusive or fraudulent chargebacks result in the permanent closure of the account.

9. How to Request a Refund or Cancellation

Send an email to support@gamify.pt with:

• the name and email used for the purchase;
• the Shopify order number;
• the type of request (withdrawal, service failure, cancellation or lack of conformity);
• a description of the reason, where applicable.

GAMIFY replies within [5] business days. Approved refunds are processed through Shopify, to the original payment method, within a maximum of 14 days. The time until the funds are available depends on the bank or payment provider.

10. Consumer Dispute Resolution

10.1. Contact us first. If you are not satisfied with a decision, send your complaint to info@gamify.pt. We will reply within 15 business days.

10.2. Electronic Complaints Book. You can file a complaint at www.livroreclamacoes.pt.

10.3. Alternative dispute resolution (ADR). Under Law No. 144/2015 of 8 September, in the event of a consumer dispute concerning contracts concluded online, the consumer may turn to:

More information on ADR bodies in Portugal is available on the Consumer Portal (www.consumidor.gov.pt).

10.4. Consumers resident in other EU countries. For cross-border disputes, you can get free help from the European Consumer Centre, through the ECC-Net network (Portugal: cec.consumidor.gov.pt).

10.5. Governing law and jurisdiction. This Policy is governed by Portuguese law, in accordance with Section 15 of the Terms of Service. The mandatory consumer protection rules of the consumer's country of residence and their right to go to the courts of their domicile are preserved.

11. Changes

GAMIFY may update this Policy. Changes do not apply to purchases already made, unless they are more favourable to the User. The version in force is always available in the Store and on the platform.

1. Who We Are

The GAMIFY platform, Portugal, is the controller for data protection purposes.

This Policy explains how we use cookies and similar technologies across the whole GAMIFY ecosystem:

• the GAMIFY Store, hosted on Shopify (purchase, checkout and billing);
• the GAMIFY SaaS platform (Dashboard, video editor, thumbnail editor, Backblaze B2 storage, Short URL creator, AI tools, content calendar and other features);
• our corporate website.

This Policy complements the Privacy Policy, which explains in detail how we process your personal data.

Legal framework:

• Law No. 41/2004 of 18 August (Art. 5), transposing the ePrivacy Directive (2002/58/EC);
• Regulation (EU) 2016/679 (GDPR);
• Law No. 58/2019 of 8 August;
• guidance from the CNPD (Portuguese Data Protection Authority) and the European Data Protection Board (EDPB).

We apply these rules to all visitors and Users, regardless of the country they access from.

2. What Cookies Are

2.1. Cookies

A cookie is a small text file that a website or application stores in your browser when you visit it. It works like a memory: on the next visit or the next page, it lets the site recognise you and remember information, such as the fact that you are already signed in.

Cookies can be:

2.2. Similar technologies

Besides cookies, there are other technologies that work in a similar way and that we treat under the same rules:

2.3. Why they matter in a SaaS product

A platform like GAMIFY runs inside the browser. Without essential cookies, you would have to enter your username and password on every page, you would lose your work in the editor when switching tabs, and it would not be possible to complete a secure payment.

3. How We Use Cookies

We use cookies and similar technologies to:

4. Categories of Cookies Used

4.1. Strictly necessary (essential) cookies

They do not require consent (Art. 5(2) of Law No. 41/2004), because without them the service you asked for does not work. They cannot be disabled in the cookie panel, but you can block them in your browser (Section 6.3), in which case the platform will no longer work properly.

4.2. Functionality cookies

They store your preferences within the platform to improve the experience. They are only enabled with your consent. If you refuse them, the platform still works, but you will have to set your preferences again in each session.

4.3. Performance and analytics cookies

They help us understand how the platform is used and detect errors, always in aggregated form. They are only enabled with your consent.

Settings applied to Google Analytics (if used): IP anonymisation enabled, data sharing with Google for advertising purposes disabled and data retention limited to [14] months.

What does not depend on cookies:

• AI usage records (credits used, generations made): these are recorded on our servers because they are needed to apply your Plan limits. They do not use analytics cookies (see the Privacy Policy).
• Clicks on Short URLs: these are counted on the server at the moment of redirection, without placing cookies on the device of the person who clicks. The IP address is used only for the approximate country and for security, and is then truncated or anonymised. The link creator only sees aggregated statistics.

4.4. Advertising and marketing cookies (if applicable)

They let us measure the effectiveness of our campaigns on social networks and show relevant ads. They are only enabled with your express consent.

Data collected by these pixels may also be processed by these companies for their own purposes, under their privacy policies. We never place marketing pixels inside the platform's work area (editor, files, AI): only on the website and in the Store.

5. Third Parties and Processors

The GAMIFY ecosystem integrates third-party services. Some may place cookies on your device or receive technical data (such as your IP address) when your browser connects to them.

How the connection to social networks works. When you connect a social network account to GAMIFY, you are redirected to that network's official page to authorise access. At that point, the social network may use its own cookies, on its own domain, under its own responsibility. After authorisation, GAMIFY communicates with the network directly from our servers, through the official APIs, and does not place those networks' cookies on the platform.

International transfers. Some of these third parties process data outside the European Economic Area, with the safeguards described in Section 5 of the Privacy Policy (adequacy decisions, EU-U.S. Data Privacy Framework and Standard Contractual Clauses).

6. Managing and Controlling Consent

6.1. The cookie banner

On your first visit, we show a cookie banner that lets you:

• "Accept all": enables all categories;
• "Reject all": enables only essential cookies;
• "Customise": choose category by category (Functionality, Analytics, Marketing).

Our commitments, in line with CNPD and EDPB guidance:

• Refusing is as easy as accepting. The "Accept" and "Reject" buttons are equally prominent.
• No optional cookie is enabled before you choose. The boxes for optional categories are never pre-ticked.
• Continuing to browse, scrolling or closing the banner does not count as consent.
• No "cookie wall": refusing optional cookies does not prevent you from buying a Plan or using the platform.
• Consent per purpose: you can accept some categories and refuse others.
• Consent records: we keep the date, time and choices made, as proof.
• Renewal: we ask for your choice again every [6] months, or sooner if we add new cookies or purposes.

6.2. Changing or withdrawing consent

You can change your choices or withdraw consent at any time, as easily as you gave it:

• On the website and in the Store: click "Cookie Preferences" in the footer of every page.
• On the SaaS platform: go to Account Settings → Privacy → Cookie Preferences.

When you withdraw consent, optional cookies stop being used and, wherever technically possible, are deleted. Withdrawal does not affect the lawfulness of processing carried out before it.

Shopify Store. The Store has its own consent banner, managed by Shopify. Choices made in the Store and on the SaaS platform may need to be made separately, because they run on different domains.

6.3. Through your browser

You can also block or delete cookies in your browser settings:

Please note: if you block all cookies, including essential ones, you will not be able to sign in to the platform or complete purchases in the Store.

6.4. Other tools

• Google Analytics: you can install the Google Analytics Opt-out Browser Add-on.
• Personalised advertising: you can manage your preferences at www.youronlinechoices.eu and in each social network's ad settings.
• Global Privacy Control (GPC): if your browser sends the GPC signal, we treat it as a refusal of marketing cookies.

7. Users Outside the European Union

We apply the European prior-consent model to all visitors, regardless of country. For residents of California and other US states with privacy laws: we do not sell personal data. Refusing marketing cookies, or the GPC signal, works as an opt-out from sharing for behavioural advertising.

8. Changes to This Policy

We may update this Policy whenever we add or remove tools, or because of legal changes. If we introduce new categories or purposes that require consent, we will ask for it again through the banner. The date of the last update is always shown at the top of this document.

9. Contact and Complaints

For any question about cookies or your personal data:

We reply within a maximum of one month.

Right to complain to the CNPD

If you believe that the use of cookies or the processing of your data breaches data protection and electronic communications privacy law, you have the right to lodge a complaint with the Portuguese supervisory authority:

If you live in another EU or EEA Member State, you can also lodge a complaint with the data protection authority of your country.