User Agreement
Version 1.0
USER AGREEMENT FOR PLAYGATE.ONLINE
Version 1.0 - Effective Date: 27 June 2026
Playfable Limited - New Zealand Limited Liability Company
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING PLAYGATE.ONLINE (THE "PORTAL"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE PORTAL.
1. WHO CAN USE THE PORTAL
Adults (18 and over)
You may use the Portal fully, including all purchase features. By creating an account, you represent that you are at least 18 years old. You are legally bound by this Agreement and are responsible for all activity under your account. If we discover that you have misrepresented your age, we reserve the right to terminate your account immediately.
Teens (13-17)
You may use the Portal and access all gameplay features, including earning Taluns, completing quests, and unlocking achievements. However, your account is subject to a payment lock - you may not make any real-money purchases through the Portal or linked storefronts. This restriction exists because minors cannot enter binding purchase contracts in most jurisdictions, including New Zealand, and is for your protection as much as ours.
Children Under 13
The Portal requires an account to play, and creating an account involves the collection of personal data (such as a username and game progress). Under applicable children's privacy laws - including the United States Children's Online Privacy Protection Act (COPPA) and the EU General Data Protection Regulation (GDPR) - we cannot collect this data from children under 13 without verifiable parental or guardian consent. This means a child under 13 cannot create an account or access Portal gameplay until a parent or guardian has completed our consent process. We collect only the minimum information necessary for account creation, and no further data is collected or features unlocked until consent is verified.
2. BETA STATUS
PlayGate.Online is currently in a BETA testing phase. This means we are actively building, updating, and changing the Portal. Features, games, puzzles, and systems may change, break, or be removed at any time.
As part of beta testing, we may occasionally reset user data - including Taluns, virtual items, achievement progress, and account history - without advance notice or compensation. We will endeavour to give notice where practical, but this cannot be guaranteed during active development.
When we exit Beta status, this section will be removed and replaced with appropriate service-level commitments.
3. PARENTAL CONSENT AND TEACHER ACCESS
Parental or Guardian Consent for Under-13 Accounts
Before a child under 13 may use the Portal, a parent or legal guardian must complete our verifiable consent process. This requires the parent or guardian to: provide and verify an adult email address; confirm they are the child's parent or legal guardian; review and accept this Agreement on behalf of their child; and confirm they understand what data is collected and how it is used. We rely on this confirmed consent as our legal basis for processing the child's personal information. If parental consent is withdrawn at any time, the child's account will be restricted and we will delete the child's personal data upon request.
Teacher Access - Requires Prior Parental Consent
Teachers may be granted access to a child's Portal account for educational or activity purposes. Teacher access is NOT a substitute for parental consent. A parent or guardian must first complete the consent process above and then separately and explicitly authorise teacher access within their account settings. The teacher, by connecting to a child's account, confirms they have received this explicit parental authorisation. Playfable accepts no liability for teacher access that bypasses or misrepresents the parental authorisation requirement.
4. ADULT EMAIL VERIFICATION AND PROMOTIONAL CONSENT
To unlock deeper Portal features for a child's account (including the Real World Effort system and physical product linking), the verified parent or guardian must provide an adult email address. By providing this email address, the adult confirms: they consent to the child accessing the Portal and its unlocked features; they acknowledge that Playfable will not employ aggressive advertising tactics, behavioural tracking for advertising, or targeted psychological manipulation toward minors.
Marketing emails are separate and optional. Consent to verify a child's account does NOT automatically enrol you in marketing emails. You may opt in separately at the time of verification or at any time through your account settings, and withdraw this consent at any time.
5. THE REAL WORLD EFFORT (RWE) SYSTEM
The Portal features an RWE system where Players (typically children) can be set quests tied to real-world tasks such as completing chores, homework, or community activities. An adult must first approve the quest before the child can begin it. Upon the child completing the real-world task, the adult must manually confirm completion within the Portal to release the associated virtual reward. Playfable provides the software infrastructure for this system only. We take no responsibility for the actual completion of real-world tasks, and we are not liable if an adult confirms a task as completed when it was not, or if disputes arise between adults and children regarding task fulfilment.
6. VIRTUAL CURRENCY, ITEMS, AND REWARD SYSTEMS (TALUNS)
No Real-World Value. "Taluns" and all virtual items, digital game cards, achievement badges, and cosmetics have no real-world monetary value and cannot be exchanged for cash, goods, or services outside the Portal.
Licensed, Not Owned. You do not own any virtual currency or virtual items. Playfable grants you a limited, personal, non-transferable, revocable licence to use virtual items within the Portal while your account is in good standing. Playfable retains all ownership of virtual items and may modify, remove, or reset them, including in the event of a Beta data reset (see Section 2) or account termination (see Section 14).
Taluns Cannot Be Purchased. Taluns are earned exclusively through gameplay and the RWE system. Taluns cannot be purchased for real-world money under any circumstances. They function as in-game progression mechanics, comparable to virtual coins in a standard video game.
No Pay-to-Win. Any real-world purchases available to eligible adults are strictly limited to cosmetic items and story or game content. Purchases do not and will never provide a direct gameplay advantage or competitive edge.
7. PAYMENTS, SHOPIFY INTEGRATION, AND REFUNDS
Only verified adults (18 and over) may purchase physical or digital products through or linked from the Portal. Users under 18 are subject to a payment lock regardless of their payment method.
Purchases are processed via third-party Shopify storefronts linked within the Portal. By making a purchase, you also agree to Shopify's applicable terms of service. EU users: digital purchases are currently not available while we complete GDPR compliance infrastructure.
Refund Policy: You may request a refund within 14 days of purchase, provided the digital item has not been accessed, activated, or consumed. Once accessed or used, it is non-refundable. Physical products are subject to our standard returns policy. Nothing in this policy limits rights under the New Zealand Consumer Guarantees Act 1993 or other applicable consumer protection legislation that cannot be excluded by contract.
8. PRIVACY AND DATA PROTECTION
We collect only the personal information necessary to operate your account. We do not sell your personal information to third parties. We use Microsoft PlayFab, Microsoft Azure, and Shopify as data processors, each bound by data processing agreements. In the event of a notifiable privacy breach, we will notify the New Zealand Privacy Commissioner and affected individuals as required by the Privacy Act 2020. EU users have additional rights under GDPR - contact eu.gdpr@playfable.com.
9. INTELLECTUAL PROPERTY
All Portal content - including games, puzzles, artwork, characters, stories, music, software, and the Portal's design - is the intellectual property of Playfable Limited. You may not copy, reproduce, distribute, or create derivative works from any Portal content without our express written permission, except as set out below.
Content Creation and Streaming
You are free to stream, record, and publish content featuring Portal gameplay - including monetised content on YouTube, Twitch, or similar platforms. Conditions: do not misrepresent Playfable or the Portal; do not claim official Playfable endorsement without our written agreement; do not sell our content (e.g. music, art) as a standalone product. Some in-game music may be third-party licensed - Playfable is not liable for platform-level copyright claims on that music.
10. ACCEPTABLE USE AND PROHIBITED CONDUCT
You agree not to:
• Cheat, exploit game mechanics, or use bots or automated tools to gain an advantage
• Purchase, sell, trade, or transfer Taluns or virtual items for real-world value
• Create or use accounts to circumvent a ban, suspension, or restriction
• Harass, threaten, or abuse other users or Playfable staff
• Impersonate any person or entity, including Playfable staff
• Attempt to access, reverse-engineer, or tamper with any part of the Portal's systems
• Upload or transmit malicious code or harmful content
• Use the Portal for any unlawful purpose
• Misrepresent your age or identity to circumvent age restrictions
• Interfere with the operation of the Portal or other users' enjoyment of it
11. DISCLAIMERS OF WARRANTIES
THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not warrant that the Portal will be uninterrupted, error-free, or free from harmful components, or that specific games, features, or virtual items will always be available. Nothing in this section limits non-excludable guarantees under the New Zealand Consumer Guarantees Act 1993 or other applicable consumer protection legislation.
12. DATA SECURITY AND BREACH NOTIFICATION
We implement reasonable technical and organisational measures to protect personal information. In the event of a privacy breach that poses a risk of harm, we will notify the New Zealand Privacy Commissioner and affected individuals as required by law, and take reasonable steps to contain and remediate the breach. We disclaim liability for damages from security incidents that occur despite our reasonable security measures and that are beyond our reasonable control, to the maximum extent permitted by applicable law.
13. LIMITATION OF LIABILITY AND INDEMNIFICATION
To the maximum extent permitted by applicable law: Playfable shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Portal; and our total cumulative liability to you for any claims arising from this Agreement shall not exceed the total amount you have paid to Playfable in the twelve months prior to the claim, or NZD $50 if you have made no purchases. Nothing in this section excludes liability for death or personal injury from our negligence, for fraud, or for any liability that cannot be excluded under applicable law.
You agree to indemnify and hold harmless Playfable Limited and its officers, employees, and agents from and against any claims, damages, costs, and expenses (including reasonable legal fees) arising from: your breach of this Agreement; your violation of any applicable law; or any false representation you make in connection with your use of the Portal, including misrepresentation of your age or identity.
To the extent permitted by applicable law, you agree to pursue any claims against Playfable individually rather than as part of a class action or representative proceeding. This clause does not limit rights under the New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other applicable consumer protection legislation that cannot be excluded by contract, nor your right to make complaints to regulatory bodies.
14. ACCOUNT SUSPENSION AND TERMINATION
We reserve the right to suspend or terminate your account at our sole discretion if you violate these terms or engage in prohibited conduct (see Section 10). If your account is terminated for breach of this Agreement, you will permanently lose access to all Taluns, virtual items, achievement badges, and digital content. You retain ownership of any physical products purchased via Shopify.
You may appeal at appeal@playfable.com. We will consider appeals in good faith but our decision is final.
15. DISPUTE RESOLUTION
1. Direct Negotiation - contact dispute@playfable.com first. We will respond within 14 days and make a genuine effort to resolve the matter informally.
2. Mediation - if unresolved after 30 days, either party may refer the dispute to non-binding mediation via the Arbitrators' and Mediators' Institute of New Zealand (AMINZ). Costs shared equally.
3. Courts - disputes may be brought before the courts of Auckland, New Zealand. For claims under NZD $30,000, either party may elect the Disputes Tribunal as a faster, lower-cost alternative.
Nothing in this section prevents either party from seeking urgent injunctive relief without first completing the above steps.
16. FORCE MAJEURE
Playfable shall not be liable for failures resulting from circumstances beyond our reasonable control, including natural disasters, acts of government, war, pandemic, power or internet outages, failure of third-party infrastructure (including PlayFab, Azure, or Shopify), or cyberattacks not preventable by reasonable security measures.
17. CHANGES TO THIS AGREEMENT
We may update this Agreement from time to time. You will receive a notification upon your next login and must accept the updated terms before continuing. The version number and effective date will be updated accordingly.
18. GENERAL LEGAL PROVISIONS
Governing Law: New Zealand law governs this Agreement.
Jurisdiction: Auckland, New Zealand courts have exclusive jurisdiction, subject to Section 15 and applicable consumer rights.
Severability: Invalid provisions are modified to the minimum extent necessary; remaining provisions continue in force.
Entire Agreement: This Agreement together with our Privacy Policy constitutes the entire agreement between you and Playfable regarding your use of the Portal.
Contact: contact@playfable.com
PlayGate.Online - Playfable Limited (New Zealand) - Version 1.0 - 27 June 2026