Terms of Service
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1.Introduction
Welcome to Gamivize. These Terms of Service ("Terms") govern your access to and use of the Gamivize platform — a cloud-based, gamified Learning Management System ("the Service") — provided by Gamivize LLC, a limited liability company with its principal place of business in Alexandria, Egypt ("Gamivize", "we", "us", "our").
By accessing or using the Service, the school, educational institution, or organization ("School" or "You") agrees to be bound by these Terms. These Terms constitute a legally binding agreement between the School and Gamivize. If you do not agree to these Terms, you may not access or use the Service.
These Terms apply to all users of the Service, including School Administrators, Teachers, Students, and Parents accessing the platform under a School's account.
2.The Service
Gamivize provides a cloud-based, gamified Learning Management System that enables schools to
deliver, manage, and track educational courses and content through game mechanics. The Service
includes:
Course creation and management tools for administrators and teachers
A student-facing gamified learning interface
Progress tracking and reporting tools
Parent access for monitoring student progress and engaging with the school community
User account management
The Service does not include hardware, printed materials, in-person training, or guarantees of specific academic outcomes. Gamivize reserves the right to modify, update, or discontinue features of the Service at any time, with notice to Schools where changes are material.
3.Accounts and Users
3.1 School Account. The Service is provided to Schools as the contracting entity. The School is responsible for all activity that occurs under its account, including the actions of all users it authorizes.
3.2 User Roles. The Service supports four user roles: School Administrators, Teachers, Students, and Parents. Each role carries different access permissions within the platform. The School is responsible for assigning roles accurately and ensuring that access is granted only to authorized individuals.
3.3 Account Security. The School and its users are responsible for maintaining the confidentiality of login credentials. Users may not share account credentials with any other person. The School must notify Gamivize promptly at info@gamivize.com if it becomes aware of any unauthorized access to its account.
3.4 Student Accounts. Student accounts are created and managed by the School. The School represents and warrants that it has obtained all necessary consents and authorizations required under applicable law — including the Children's Online Privacy Protection Act (COPPA) and the Family Educational Rights and Privacy Act (FERPA) — before creating accounts for students, particularly for students under the age of 13.
4.Subscriptions and Billing
4.1 Custom Pricing. Subscription fees are agreed upon individually with each School and set out in the applicable Order Form or written agreement signed between the parties. No public pricing schedule applies unless otherwise stated in a signed Order Form.
4.2 Billing Cycle. Subscriptions are billed annually, in advance, unless otherwise specified in the Order Form. Monthly billing may be available at a premium upon request.
4.3 Auto-Renewal. Subscriptions automatically renew for successive annual terms unless either party provides written notice of non-renewal at least 30 days before the end of the then-current subscription term.
4.4 Payment. The School agrees to pay all fees set out in the applicable Order Form by the due date specified therein. All fees are stated and payable in US Dollars unless otherwise agreed in writing.
4.5 Late Payments. Late payment fees, if applicable, are as specified in the applicable Order Form or written agreement. Gamivize reserves the right to suspend access to the Service for accounts with outstanding overdue balances following written notice and a 15-day grace period.
4.6 Refunds. All fees paid are non-refundable, except in cases where Gamivize has materially failed to deliver the Service as described in these Terms.
5.Acceptable Use
5.1 Permitted Use. The Service is licensed solely for the School's internal educational purposes. The School and its users agree to use the Service only in accordance with these Terms and all applicable laws and regulations.
5.2 Prohibited Conduct. The School and its users may not:
Reverse engineer, decompile, or attempt to extract the source code of the Service
Use the Service for any purpose other than authorized educational use
Share login credentials with unauthorized individuals
Upload, transmit, or distribute unlawful, harmful, obscene, or inappropriate content
Attempt to gain unauthorized access to any other account, system, or network connected to the Service
Use student data for any non-educational purpose
Resell, sublicense, or provide access to the Service to any third party outside of the School's own enrolled students and staff
Use the Service in any manner that violates applicable local, national, or international law
5.3 Content Standards. The School is responsible for ensuring that all content uploaded to the platform by its administrators, teachers, students, and parents complies with applicable law and these Terms.
Gamivize reserves the right to remove content that violates these Terms.
6.Intellectual Property
6.1 Gamivize Ownership. Gamivize retains all ownership of the Service, including all software, gamemechanics, visual design, curriculum frameworks, algorithms, and any updates, enhancements, ormodifications thereto. Nothing in these Terms transfers any intellectual property rights in the Service tothe School.
6.2 License to School. Gamivize grants the School a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during the subscription term, solely for the School's internal educational purposes and in accordance with these Terms.
6.3 School Content. The School retains ownership of all courses, lesson content, quizzes, assessments, and other materials created by its staff within the platform ("Customer Content"). The School grants Gamivize a limited, non-exclusive license to host, display, and process Customer Content solely to provide the Service.
6.4 Student Content. Students, or their parents or guardians where applicable, retain ownership of submitted assignments and student-generated work. The School, as the data controller, manages rights to student educational records. Gamivize processes student content only to deliver the Service on behalf of the School.
6.5 Aggregate Data. Gamivize may collect and use anonymized, aggregated, non-identifiable usage statistics derived from platform-wide activity — data that cannot be linked to any individual student, teacher, or school — to improve the Service and for internal analytics purposes.
6.6 Feedback. If the School or any of its users provides feedback or suggestions regarding the Service, Gamivize may use such feedback freely without any obligation to the School.
7.Data Privacy and Student Data
7.1 Data Processing Agreement. The parties respective rights and obligations with respect to the processing of student personal data are governed by the Gamivize Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference and available at gamivize.com/legal/dpa. In the event of a conflict between these Terms and the DPA with respect to the processing of personal data, the DPA shall prevail.
7.2 School as Data Controller. The School is the data controller for all student and user data under its account. Gamivize acts as a data processor, processing data only on behalf of and as instructed by the School.
7.3 FERPA and COPPA Compliance. Gamivize is designed to support Schools in meeting their obligations under FERPA, COPPA, and applicable state student privacy laws. The School is responsible for ensuring it has the appropriate authority and consents in place before sharing student data with Gamivize.
7.4 No Sale of Student Data. Gamivize does not sell, rent, trade, or otherwise transfer student personal information to any third party for commercial purposes, under any circumstances.
7.5 No Advertising. Gamivize does not display advertising to students and does not use student data to build commercial or behavioral profiles.
8.Confidentiality
8.1 Definition. "Confidential Information" means any non-public information disclosed by one party to the other in connection with the Service that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
8.2 Obligations. Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care. Neither party will disclose the other's Confidential Information to third parties or use it for any purpose outside the scope of these Terms without prior written consent.
8.3 Exceptions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) is required to be disclosed by law or court order, provided that the receiving party gives the disclosing party prompt prior written notice where legally permitted.
9.Warranties and Disclaimers
9.1 Mutual Warranties. Each party represents and warrants that it has the legal authority to enter into these Terms and that its performance will not violate any applicable law or third-party agreement.
9.2 School Warranties. The School represents and warrants that: (a) it has all necessary rights, consents, and authorizations to share student and user data with Gamivize; (b) its use of the Service will comply with all applicable laws; and (c) all Customer Content it uploads does not infringe any third-party intellectual property rights.
9.3 Service Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMIVIZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. GAMIVIZE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR- FREE, OR FREE OF HARMFUL COMPONENTS. GAMIVIZE MAKES NO WARRANTIES REGARDING SPECIFIC ACADEMIC OUTCOMES.
10.Limitation of Liability
10.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Liability Cap. GAMIVIZE'S TOTAL AGGREGATE LIABILITY TO THE SCHOOL ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY THE SCHOOL TO GAMIVIZE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10.3 Exceptions. The limitations in Sections 10.1 and 10.2 do not apply to: (a) Gamivize's gross negligence or willful misconduct; (b) Gamivize's breach of its data protection obligations under the DPA; or (c) either party's indemnification obligations under these Terms.
11.Indemnification
11.1 By the School. The School agrees to indemnify, defend, and hold harmless Gamivize and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) the School's use of the Service in violation of these Terms; (b) Customer Content uploaded by the School or its users; or (c) the School's violation of any applicable law.
11.2 By Gamivize. Gamivize agrees to indemnify, defend, and hold harmless the School from and against any third-party claims alleging that the Service, as provided by Gamivize, infringes any third-party intellectual property right, provided that the School promptly notifies Gamivize of such claim and cooperates reasonably in the defense.
12.Term and Termination
12.1 Term. These Terms commence on the date the School first accepts them and continue for the duration of the active subscription term, including any renewals, unless earlier terminated in accordance with this Section.
12.2 Termination for Cause. Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure the breach within 30 days of written notice; or (b) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings. Gamivize may suspend or terminate access immediately and without notice in cases of material misuse of student data, illegal activity, or serious violation of these Terms.
12.3 Termination Without Cause. Either party may terminate these Terms by providing 30 days' written notice prior to the end of the then-current subscription term. Annual subscription fees are non- refundable upon termination without cause.
12.4 Effect of Termination. Upon termination or expiration of these Terms: (a) all licenses granted to the School under these Terms shall immediately cease; (b) the School will have 30 days to export its data; (c) Gamivize will delete all School and student data from active systems after the 30-day export window; and (d) full deletion from backup systems will occur within 60 days. Sections that by their nature should survive termination — including Sections 6, 8, 9, 10, 11, 13, and 14 — shall survive.
13.Dispute Resolution
13.1 Governing Law. These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.
13.2 Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted remotely, in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.3 Class Action Waiver. Each party agrees to bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class action, collective action, or representative proceeding.
13.4 Jury Trial Waiver. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.
13.5 Exceptions. Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
14.General Provisions
14.1 Entire Agreement. These Terms, together with the applicable Order Form and the DPA, constitute the entire agreement between the parties with respect to the Service and supersede all prior agreements, representations, and understandings relating to the subject matter herein.
14.2 Modifications. Gamivize reserves the right to modify these Terms at any time. For material changes, Gamivize will provide at least 30 days' written notice via email to the School's registered administrator and via an in-app notification. Continued use of the Service after the effective date of any modification constitutes the School' acceptance of the revised Terms.
14.3 Severability. If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
14.4 Waiver. Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that party' right to enforce such provision in the future.
14.5 Assignment. The School may not assign or transfer these Terms or any rights or obligations hereunder without Gamivize's prior written consent. Gamivize may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, with notice to the School.
14.6 Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond its reasonable control, including natural disasters, government actions, internet outages, or other events of force majeure.
14.7 Notices. All legal notices under these Terms must be submitted in writing to info@gamivize.com. Gamivize will send notices to the email address associated with the School's administrator account.
14.8 Relationship of the Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
14.9 Language. These Terms are written in English. In the event of any conflict between an English version and a translated version, the English version shall prevail.
These Terms of Service were last updated on [13/05/2026]. For questions, contact us at
