GDBAY Terms of Service

Last Updated: May 20, 2025

This Terms of Service is effective May 20, 2025, for all users.

Introduction

Welcome to GDBAY! The gdbay.com website and its associated services, including but not limited to the GDBAY AI Agent, Community Portal, Mentor Knowledge Base, and Opportunities Pool (collectively, the “Service”) are operated by Novokhatko S.I. FOP (“GDBAY”, “we”, “us”, “our”). GDBAY is registered in Ukraine, with its registered address at Ukraine, 04205, Kyiv, Obolonsky prospect 16 apt 155.

By accessing or using any part of the Service, including registering for an account, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy ([Link to your new Privacy Policy]). If you do not agree to all the terms and conditions, then you may not access or use the Service. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, mentors, content contributors, and/or merchants.

1. Definitions

“Service” means the gdbay.com website, including all its features, tools, content, and online resources such as the GDBAY AI Agent, Community Portal, Mentor Knowledge Base, and Opportunities Pool.
“User,” “You,” “Your” refers to the individual or entity accessing or using the Service.
“User-Generated Content” (UGC) means any content, including but not limited to text, images, videos, opportunity listings, Mentor Knowledge Base contributions, posts, comments, and messages that Users post, submit, or transmit to or through the Service.
“AI Agent” refers to the GDBAY artificial intelligence assistant.
“Community Portal” refers to the online networking and collaboration sections of the Service.
“Mentor Knowledge Base” refers to the curated repository of information and advice provided by GDBAY Mentors.
“Opportunities Pool” refers to the marketplace for posting and discovering opportunities within the Service.
“GDBAY Coins” or “Coins” refers to the virtual currency used within the Service to access certain premium features or services.

2. User Accounts

Registration: To access certain features of the Service, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We may use third-party services for account registration (e.g., social logins).
Account Security: You are responsible for safeguarding your account credentials and for any activities or actions under your account, whether or not you have authorized such activities or actions. GDBAY does not store passwords for social logins. You agree to notify us immediately of any unauthorized use of your account.
Account Sharing: Sharing an account is not permitted. Each individual must register for their own account.
Eligibility: You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

3. Content and Conduct

User-Generated Content (UGC):

The Community Portal and other features of the Service provide tools for connecting, sharing, and collaborating. When you post UGC, you agree to allow anyone with access to the Service (and potentially the public, for public content) to access and view that UGC.
You are solely responsible for your UGC and the consequences of posting or publishing it.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish UGC you submit; and you license to GDBAY all patent, trademark, trade secret, copyright or other proprietary rights in and to such UGC for publication on the Service pursuant to these Terms.
By submitting UGC to GDBAY, you hereby grant GDBAY a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the Service and GDBAY’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. This license includes the right for GDBAY to make your UGC available to third parties.
Acceptable Use & Conduct: You agree not to post, transmit, or otherwise make available through the Service any UGC or engage in any activity that:

Is confidential to you or a third party, unless you have the right to disclose it and do so in compliance with any applicable confidentiality obligations.
Is proprietary to a third party, unless you have obtained all necessary consents from such third party.
Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, offensive, hateful, or racially, ethnically, or otherwise objectionable.
Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. Respect copyright, fair use, and financial disclosure laws.
Contains images of persons unless you have obtained consent from each person depicted for the distribution, display, and usage of the image.
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (spamming), chain letters, or any other form of unauthorized solicitation.
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.
Violates any applicable local, national, or international law.
Prohibited Activities: You agree not to:

Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of any part of the Service, especially the AI Agent.
Use any automated scripts, bots, spiders, or other data mining techniques to collect information from or otherwise interact with the Service (data scraping), unless expressly permitted by GDBAY via a designated API.
Engage in spamming, phishing, or distributing malware through the Service.
Disrupt the integrity or performance of the Service or its infrastructure.
Attempt to gain unauthorized access to the Service or its related systems or networks.
Monitoring and Removal: GDBAY reserves the right, but does not have the obligation, to monitor the Service and UGC. GDBAY may decline to post or remove any UGC at its sole discretion, for any reason, including to maintain the integrity of the Service, for relevancy, or because the content violates these Terms.

4. GDBAY AI Agent

The AI Agent is a tool designed to provide information, assistance, and facilitate connections. You acknowledge that AI-generated content can sometimes be inaccurate, incomplete, or reflect biases from the data it was trained on.
Information and advice provided by the AI Agent, including information sourced from the Mentor Knowledge Base, is for informational purposes only and should not be considered a substitute for professional judgment or expert consultation.
You agree to use the output from the AI Agent at your own risk. GDBAY is not liable for any decisions made or actions taken based on information provided by the AI Agent. (This is further covered in Section 8: Disclaimers & Limitation of Liability).
You may share information generated by the GDBAY AI Agent externally, provided that you clearly attribute it to the “GDBAY AI Agent.” You may not resell or commercially distribute AI-generated content from GDBAY without explicit prior permission from GDBAY.
You agree not to input highly sensitive personal or business secrets into AI Agent prompts if you have concerns about their processing, despite security measures GDBAY undertakes. Information shared with the AI Agent may be logged and reviewed by GDBAY administrators solely for the purposes of AI behavior investigation, service improvement, and security. (Refer to our Privacy Policy for more details on data handling).

5. Opportunities Pool

The Opportunities Pool allows Users to post opportunities (e.g., job offers, requests for services, investment needs, games for publishing) and to seek opportunities. Users are responsible for the content and accuracy of the opportunities they post.
GDBAY provides an AI Agent to assist in refining opportunity postings for clarity; this refinement assistance is currently provided at no coin cost.
GDBAY acts solely as a platform to connect Users. GDBAY is not an intermediary, agent, or party to any agreements or transactions made between Users who connect via the Opportunities Pool. GDBAY takes no commission on such transactions.
Disclaimer: GDBAY does not verify, endorse, or guarantee the accuracy, legitimacy, quality, or outcomes of any opportunities posted by Users or any subsequent interactions or agreements between Users. You are solely responsible for your interactions with other Users and for conducting your own due diligence.

6. Mentor Knowledge Base

Mentors may contribute information, expertise, and content (“Mentor Contributions”) to the Mentor Knowledge Base. By contributing, Mentors affirm they have the right to share such information.
Mentors retain ownership of their original underlying intellectual property. However, by submitting Mentor Contributions, Mentors grant GDBAY a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Mentor Contributions (in whole or part) within the Service, primarily to power and inform the GDBAY AI Agent and for display with attribution when the AI Agent utilizes their contribution.
Information accessed via the AI Agent that is sourced from the Mentor Knowledge Base is provided for informational purposes only and is subject to the disclaimers in Section 4 and Section 8.

7. GDBAY Coins & Paid Services

GDBAY Coins: The Service utilizes “GDBAY Coins,” a virtual currency that can be purchased or granted, and used to access certain premium features or services.
Acquisition & Use: Coins can be purchased in packs as offered on the Service. New users may receive a complimentary grant of Coins. Current uses for Coins include:

AI Agent Prompts: Each general prompt to the AI Agent costs 1 Coin (AI-assisted refinement of Opportunity submissions is currently free).
Opportunity Submissions: Submitting/saving an Opportunity to the Pool costs 10 Coins. (Promotional Offer: FREE for all users before July 1st, 2025).
AI Matchmaking for Opportunities: Activating AI Matchmaking for a submitted Opportunity costs 50 Coins.

Payment Processing: Payments for Coins are processed via our current third-party payment processor (e.g., WayForPay). You agree to abide by their terms of service and any other legal agreement that governs your use of their payment processing method. GDBAY does not store your full payment card details.
Pricing & Taxes: Prices for Coins and Coin-based services are subject to change at any time. You agree to pay for any Coins or services you order. Prices are exclusive of applicable taxes unless stated otherwise; you are responsible for any such taxes.
Non-Refundable: Purchased GDBAY Coins are non-refundable in cash or monetary equivalent. Subscription fees (if applicable in the future) and Purchase Codes (as per old ToS model, if re-implemented) are final and nonrefundable unless otherwise determined by GDBAY.
Service Issues & Discretionary Top-Up: If a Coin-based service (e.g., AI Matchmaking) technically fails or provides clearly erroneous/no results despite payment, Coins may not be deducted, or may be refunded to your Coin balance, or you may open a dispute for a potential refund to your Coin balance, at GDBAY’s sole discretion. This discretionary Coin balance top-up is the sole remedy for such issues; no monetary refunds will be provided.
No Expiration or Transfer: Purchased Coins do not currently have an expiration date. Coins are non-transferable between users.
Changes to Services: GDBAY reserves the right to modify, suspend, or discontinue any Coin-based service with or without notice and will not be liable for such actions.

8. Disclaimers & Limitation of Liability (IMPORTANT SECTION)

SERVICE PROVIDED “AS IS”: THE SERVICE (INCLUDING THE GDBAY AI AGENT, COMMUNITY PORTAL, MENTOR KNOWLEDGE BASE, OPPORTUNITIES POOL, AND ALL CONTENT AND INFORMATION THEREIN) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS.
NO PROFESSIONAL ADVICE: ALL INFORMATION AND CONTENT PROVIDED THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO OUTPUT FROM THE AI AGENT, CONTRIBUTIONS FROM MENTORS (VIA THE AI AGENT OR KNOWLEDGE BASE), AND CONTENT SHARED WITHIN THE COMMUNITY PORTAL OR OPPORTUNITIES POOL, IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS, AND SHOULD NOT BE CONSTRUED AS, PROFESSIONAL, FINANCIAL, LEGAL, BUSINESS, OR ANY OTHER TYPE OF ADVICE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH INFORMATION OR CONTENT IS SOLELY AT YOUR OWN RISK.
USER RESPONSIBILITY FOR UGC AND INTERACTIONS: GDBAY IS NOT RESPONSIBLE FOR USER-GENERATED CONTENT, THE ACCURACY OF ANY UGC POSTED, OR THE CONDUCT OF ITS USERS. USERS SHALL REMAIN SOLELY RESPONSIBLE FOR THE UGC THEY POST AND FOR THEIR INTERACTIONS WITH OTHER USERS. UGC DOES NOT REPRESENT THE VIEWS OR OPINIONS OF GDBAY. GDBAY DOES NOT GUARANTEE THAT ANY UGC IS CORRECT OR ACCURATE AND GDBAY DOES NOT ENDORSE ANY UGC. GDBAY DOES NOT GUARANTEE OR VERIFY THE IDENTITY OF USERS OR THE LEGITIMACY OR OUTCOMES OF ANY OPPORTUNITIES POSTED IN THE OPPORTUNITIES POOL.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GDBAY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GDBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE (INCLUDING FROM THE AI AGENT, MENTORS, OR COMMUNITY); (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL GDBAY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES (INCLUDING COIN PURCHASES) PAID BY YOU TO GDBAY IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
INDEMNIFICATION: You agree to defend, indemnify, and hold harmless GDBAY, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User-Generated Content, any use of the Service’s content (including AI Agent output), services, and products other than as expressly authorized in these Terms.

9. Intellectual Property Rights

GDBAY’s IP: The Service and its original content (excluding User-Generated Content where GDBAY is granted a license), features, functionality, branding, trademarks, and AI technology are and will remain the exclusive property of GDBAY and its licensors. GDBAY does not grant you any express or implied rights or licenses under any of its intellectual property rights except as explicitly stated in these Terms. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms.
Restrictions: You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the GDBAY proprietary material on our Service, except as generally and ordinarily permitted through the Service according to these Terms. You must not (or attempt to):

Use any part of the Service in an illegal manner or for an illegal purpose.
Share your GDBAY account password with someone else to allow them to access parts of the Service not ordered by them (if applicable).
Copy, sell, rent, or sublicense the Service or its components to any third party.
Circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology used by GDBAY or any third-party to protect the Service.
Access the Service other than by means authorized by GDBAY.
Remove any legal notices or labels on the Service.

10. Confidentiality

User Responsibility: You are responsible for the information you post or transmit via the Service. Do not post or transmit material in public areas of the Service that is confidential to you or a third party unless you have the right to do so and understand it may become publicly available. You should not post proprietary information of a third party without their explicit consent.
Public vs. Private: Information you share in public areas of the Community Portal, in public Opportunity listings, or as public Mentor Knowledge Base contributions is not considered confidential. Private messages between users are not publicly displayed by GDBAY but may be accessed by GDBAY administrators in limited circumstances, such as investigating abuse, disputes, or technical issues, or as required by law.
AI Agent Submissions: While GDBAY implements security measures, users should exercise their own judgment and avoid submitting highly sensitive personal or proprietary business secrets in prompts to the AI Agent if they have residual concerns. Logs of AI interactions may be reviewed by GDBAY administrators for AI behavior investigation, service improvement, and security purposes only. GDBAY’s handling of personal data submitted to the AI Agent is further described in our Privacy Policy.

11. Account Termination

GDBAY reserves the right to suspend or terminate your account and access to the Service, at its sole discretion, at any time, with or without notice, for any reason or no reason, including but not limited to your violation of these Terms, or conduct that GDBAY deems harmful to the Service, its reputation, other users, or the games industry community. Reasons for termination may include, but are not limited to, illegal activities, abusive behavior, spreading misinformation, violation of intellectual property rights, actions causing disrepute to GDBAY, or for political, governmental, moral, or ethical considerations as determined by GDBAY.

In the event of termination, your right to use the Service will immediately cease. If your account is terminated, you may lose access to your User-Generated Content and any GDBAY Coin balance, which is non-refundable, especially if termination is due to a violation of these Terms. GDBAY is not responsible for any lost benefits, lost profits, or other damages in any case resulting from account termination.

12. Modifications to Terms

GDBAY reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect (e.g., by email or a notice on the Service). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service. Changes are not retroactive.

13. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by GDBAY. GDBAY has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that GDBAY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

14. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Ukraine, without regard to its conflict of law provisions.

Any claim or dispute that arises in whole or in part from your use of the Service will be decided exclusively by a court of competent jurisdiction located in Kyiv, Ukraine. You hereby expressly waive the right to trial by jury in any matter which arises under these Terms of Service.

15. General Terms

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and GDBAY concerning the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Service.
Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
No Waiver: No waiver by GDBAY of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GDBAY to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without GDBAY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. GDBAY may assign or transfer these Terms, at its sole discretion, without restriction.
Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by GDBAY (i) via email (in each case to the address that you provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]

Postal Address:

Novokhatko S.I. FOP (“GDBAY”)

Ukraine, 04205, Kyiv, Obolonsky prospect 16 apt 155