1. Introduction and acceptance of terms
Welcome to Numen Games S.L (“Numen” or the “Company”), a Spanish company specialized in
designing immersive, AI-powered, and gamified experiences that strengthen culture,
engagement and learning within organizations. The contact email of the Company is
gm@numengames.com.
These Terms and Conditions (“Terms”) govern your access to and use of our website
www.numen.games (the “Website”) and any online materials, demos, or
services made available through it (collectively, the “Services”).
By accessing or using the Website, requesting a demo, or otherwise engaging with our
Services, you agree to be bound by these Terms. If you do not agree, please refrain from
using our Website or Services.
These Terms are addressed primarily to corporate clients and business representatives
acting on behalf of legal entities. They apply to the Website and any pre-contractual
interactions, including demo requests, informational materials, or other communications
prior to entering into a specific service agreement. Whenever a project or service is
formally contracted, it shall be governed by its own Custom Business Agreement, which will
prevail in case of inconsistency with these Terms.
We reserve the right to modify or update these Terms at any time. Any updated version will
be published on this page and will take effect upon publication. Your continued use of the
Website or Services after such updates constitutes acceptance of the revised Terms.
2. Definitions
For clarity, the following terms shall have the meanings set out below:
- “Client” refers to any company, organization, or professional that
accesses the Website, requests a demo, or contracts our Services.
- “User” refers to any individual acting on behalf of a Client or using
the Website for informational or demo purposes.
- “Services” means the products, programs, and immersive digital
solutions offered by Numen, including (i) engagement programs, (ii) training
initiatives, and (iii) customized immersive experiences.
- “Engage” refers to our proprietary engagement solution that leverages
gamification and immersive 3D environments to improve collaboration, motivation, and
performance within teams.
- “Training” refers to our corporate learning programs that combine
expert guidance, interactive content, and artificial intelligence to enhance skills
development and knowledge retention.
- “Experience” refers to our creative and tailored experiences designed
to align team culture, inspire innovation, and create meaningful organizational impact.
- “Artificial Intelligence Tools” or “AI Tools” means
any automated systems, algorithms, or technologies used within our Services to
personalize content, analyze performance, or generate insights.
- “Custom Business Agreement” refers to a specific written contract
signed between Numen and a Client, defining the detailed scope, deliverables, and
commercial terms applicable to a project.
- “Confidential Information” means any non-public information disclosed
by either party in relation to the Services, including data, reports, designs, or
methodologies.
- “Intellectual Property Rights” means all rights in and to trademarks,
copyrights, software, designs, text, graphics, 3D models, audiovisual content, and any
other materials created or provided by Numen.
3. Scope of services (Engage, Training, Experience)
Numen develops and provides professional solutions that integrate gamification, immersive
technologies, and artificial intelligence to foster employee engagement, learning and
organizational development.
Our Services are offered under three main categories:
- Engage: Custom gamified programs designed to enhance motivation,
communication, and alignment across teams.
- Training: Corporate learning environments combining expert content
and AI-based performance tracking.
- Experience: Bespoke immersive events and simulations co-created with
clients to promote innovation and collaboration.
The Services are tailored to each Client’s goals and context. Therefore, the information
presented on the Website (including case studies, KPIs, and results) is illustrative only
and shall not constitute a binding offer or guarantee of specific outcomes.
Access to the Website and demo requests are provided for informational purposes and
pre-contractual purposes only. Any formal engagement, including pricing, deliverables, or
performance metrics, shall be governed by a Custom Business Agreement executed between
Numen and the Client.
4. Use of the Website and demo requests
4.1 General use
You agree to use the Website in a lawful, diligent and professional manner. You shall not
engage in any activity that may impair, damage, or interfere with the proper functioning
of the Website, its security, or the infrastructure supporting it.
4.2 Business purpose only
The Website and any materials accessible through it are directed exclusively to
organizations and their authorized representatives. By submitting forms, requesting demos,
or contacting us, you represent and warrant that you are acting on behalf of a business
entity and that you have the authority to do so.
4.3 Accuracy of information
Clients and Users must ensure that all information submitted through the Website –
including contact details, company information, and project requirements – is true,
accurate, and up to date.
Numen shall not be liable for delays, errors, or missed communications caused by
inaccurate or incomplete information provided by the User.
4.4 Demo requests
By accessing a demo (for example, by clicking on “Try a demo” or any similar button on the Website), you acknowledge that:
- demos are provided solely for evaluation and exploratory purposes;
-
they do not create any obligation for either party to enter into a contract, nor any
guarantee of future availability, features, or performance; and
-
access, availability, and content of demos may vary at any time depending on internal
criteria, updates to our Services, and technical feasibility.
Numen may limit, suspend, or discontinue access to any demo at its discretion, at any
time and without prior notice, particularly in case of maintenance, security reasons,
misuse, or if the demo no longer reflects our current Services.
4.5 Third-party links
The Website may include links to third-party sites or tools. Numen does not control,
endorse, or assume any responsibility for such content or for any consequences arising
from their use.
5. Intellectual property rights
5.1 Ownership
All intellectual property rights related to the Website and the Services – including text,
graphics, interfaces, logos, software, 3D models, audiovisual content, training materials,
gamified assets, and AI-driven modules – are the exclusive property of Numen Games.
References to registered trademarks or trade names, or other distinctive signs, whether
owned by Numen or third parties, imply a prohibition on their use without the prior,
express and written consent of Numen or their legitimate owners. At no time does access to
or use of the Website and/or its contents confer on the user any rights over the
distinctive signs included therein.
Under no circumstances shall access to and/or use of the Website and/or its contents by
the user imply a waiver, transfer, license or total or partial assignment of the
aforementioned rights by Numen or the corresponding rights holders. The user only has the
right to use the contents and/or services of the Website within the environment of the
Website itself, solely for the purpose of enjoying the services in accordance with these
Terms and Conditions.
In accordance with the above, it is prohibited to modify, copy, reproduce, publicly
communicate, transform or distribute, by any means and in any form, all or part of the
content included in the Website, for any purpose, without the prior, express and written
authorisation of Numen, the owner of the corresponding rights.
5.2 Limited license
Numen grants users a non-exclusive, non-transferable, revocable, and limited license to
access the Website for information and pre-contractual purposes only. No right, title, or
interest is transferred to the User under any circumstances.
5.3 Prohibited uses
Unless expressly authorized in writing, you shall not:
- copy, reproduce, modify or distribute any Website content;
-
reverse-engineer, decompile, or attempt to extract the source code of any software,
model or interactive environment;
-
use any automated system (such as bots or scrapers) to collect information; or
- remove any copyright or proprietary notices.
Similarly, in the event that any user or third party considers that any of the content of
the Website infringes their intellectual property rights, industrial property rights, or
any other rights, they must send a communication to the contact email with the following
information:
- Identifying details and contact information of the claimant or their legal representative.
- Documentation proving their status as the owner of the rights allegedly infringed.
-
Detailed account of the rights allegedly infringed, as well as their exact location within
the Website.
-
Express statement by the claimant that the use of the content has been made without the
consent of the owner of the rights allegedly infringed.
6. Artificial Intelligence and automation tools
6.1 Use of AI technologies
Some Services, including Engage, Training and Experience, may incorporate AI Tools designed
to personalize content, track progress, analyze performance trends, or enhance
interactivity. These tools may rely on algorithms, predictive models, or automated
decision-support systems.
6.2 No automated decisions with legal effects
Numen does not perform automated decision-making that produces legal or similarly
significant effects within the meaning of Article 22 GDPR. AI tools provide insights and
support, but final decisions always remain with the Client or Users.
6.3 Data processing through AI
Any personal or organizational data processed by AI Tools will be handled in accordance
with Numen’s Privacy Policy, ensuring:
- data minimization,
- security measures,
- pseudonymization or aggregation whenever feasible, and
- transparency regarding the purposes of processing.
6.4 Limitations of AI outputs
Due to the inherent nature of AI technologies:
- outputs may occasionally be imperfect, incomplete, or require human review;
- insights or analytics provided by AI tools do not constitute professional advice;
-
Numen does not guarantee the accuracy, reliability, or suitability of any AI-generated
result.
7. Confidentiality and corporate data
7.1 Confidential information
During demo sessions, proposal exchanges, or project execution, both parties may share
non-public information, including strategies, methodologies, software, analytics, and
training materials (collectively, “confidential information”).
7.2 Obligations
Each party shall:
- use confidential information only for evaluating or performing Services;
- restrict access to authorized personnel on a need-to-know basis; and
- apply the same level of care as it uses to protect its own confidential materials.
7.3 Exceptions
Confidentiality obligations do not apply to information that is public, independently
developed, lawfully obtained from a third party, or required to be disclosed by law or
court order, provided reasonable prior notice is given where legally possible.
7.4 Corporate and employee data
If Numen processes employee or organizational data for personalization or analytics, the
Client acts as a data controller and Numen as data processor. Both parties agree to comply
with the GDPR and ensure lawful processing of such information.
8. Fees, proposals, and contractual agreements
Numen may provide indicative pricing, quotes, or demonstrations via its Website or direct
communication. All such information is illustrative and non-binding until a written
agreement is signed.
Any formal collaboration between Numen and a Client shall be governed by a Custom Business
Agreement, which defines the specific scope, deliverables, timelines, and payment terms to
that project.
If any conflict arises between such an agreement and these Terms, the agreement shall
prevail.
Payments must be made in euros (€) unless otherwise specified, within the deadline stated
on the invoice. All fees are exclusive of taxes. Numen reserves the right to suspend or
delay Services in case of non-payment.
Clients may request to reschedule demos, workshops, or training sessions with reasonable
notice. Numen may charge cancellation fees when notice is insufficient or when work has
already commenced, as outlined in the relevant agreement.
9. Limitations of liability
9.1 General limitation
To the maximum extent permitted by law, Numen shall not be liable for any indirect,
incidental, or consequential damages, including but not limited to loss of profit,
revenue, data, or business opportunities, arising from the use of the Website or Services.
9.2 Liability cap
For Services provided under a Custom Business Agreement, Numen’s total cumulative
liability shall not exceed the total fees paid by the Client for the Services during the
twelve (12) months preceding the event giving rise to the claim.
9.3 Exclusions
Numen shall not be responsible for:
-
interruptions or delays caused by third-party platforms, internet providers, or external
infrastructure;
- inaccuracies or omissions in AI-generated data or analytics;
- reliance on illustrative KPIs or case studies displayed on the Website;
- delays resulting from inaccurate information provided by the Client.
10. Performance disclaimers and warranties
The Website may display use cases, case studies, testimonials, benchmarks, or industry
statistics (including KPIs) for illustrative purposes only. They do not constitute a
promise, warranty, or guarantee of specific outcomes. Actual results may vary depending on
organizational context, adoption, data quality, and other factors outside Numen’s control.
Except as expressly provided in a signed Custom Business Agreement, the Website and any
pre-contractual materials (including demos) are provided “as is” and “as available”,
without warranties of any kind, whether express, implied, or statutory. Numen disclaims,
to the maximum extent permitted by law, any implied warranties of merchantability,
fitness for a particular purpose, and non-infringement. Any service-level or performance
commitments apply only if expressly set out in the relevant Custom Business Agreement.
11. Links to profiles and channels on other platforms and social networks
Numen provides users with links that allow them to access, from within the Website, the
profiles and channels that Numen or third parties maintain on different platforms and
social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter,
Pinterest, Google+, etc.). The sole purpose of including these links in the Website is to
facilitate users' access to these profiles and channels on the different platforms and
social networks.
The inclusion of these links does not imply the existence of any relationship between
Numen and the owner, manufacturer or distributor of the linked platform and/or the
corresponding profile or channel, nor does it imply Numen's acceptance and approval of
their content and/or services, with the corresponding owner, manufacturer or distributor
being solely responsible for them.
Activating and using these links may require user identification and authentication
(login/password) on the corresponding platforms, which are completely external to the
Website and beyond Numen's control. By accessing these external networks, the user enters
an environment that is not controlled by Numen, and therefore Numen shall not be held
responsible for the security settings of these environments.
Given that Numen may have limited control over the content hosted on such platforms and
social networks, the user acknowledges and accepts that Numen assumes no responsibility
for the content or services that the user may access on such pages, nor for any content,
products, services, advertising, or any other material available on them.
12. Links on other websites to the Website
Numen does not authorise the establishment of a link to the Website from those web pages
that contain material, information or content that is illicit, illegal, degrading, obscene
and, in general, that contravenes the law, morality or public order.
In any case, users may establish links that direct to the Website, provided that they
comply with the following conditions:
-
the website on which the link is located may not reproduce the content of the Website or
parts thereof in any way;
-
it is not permitted to create a browser or a border environment over the sections of the
Website, nor may the Website be modified in any other way;
-
it is not permitted to make false, inaccurate or incorrect statements or representations
about the Website and/or, in particular, to declare or imply that Numen has authorised
the link to the Website or that it has supervised or assumed responsibility in any way
for the content or services offered or made available on the website where the link is
established;
-
the website on which the link to the Website is established shall not contain information
or content that is unlawful, contrary to morality and public order, or content that
infringes upon the rights of third parties, including intellectual or industrial
property rights and/or the right to honour, personal and family privacy or one's own
image, or content that contravenes the regulations governing the protection of personal
data.
Numen does not have the authority or the human or technical resources to know, or control
all the information, content, products or services provided by other websites that
establish links to the Website. Numen assumes no responsibility for any aspect of the
websites that establish such links to the Website; specifically, but not limited to, their
operation, access, data, information, files, quality and reliability of their products and
services, their own links and/or any of their content in general.
13. Data protection and privacy reference
Numen processes contact details and information submitted through the Website (e.g., demo
or contact forms) as data controller for the purposes of responding to inquiries, arranging
demos, and managing pre-contractual communications, in accordance with its Privacy Policy
and data protection law (including the GDPR and the Spanish LOPDGDD).
Where Services involve processing of Client employee or organizational data, the roles and
obligations of the parties (typically, Client as data controller and Numen as data
processor) will be defined in the relevant Data Processing Agreement (DPA), which shall
form part of the Custom Business Agreement.
Users may exercise their data protection rights (access, rectification, erasure,
restriction, portability, and objection) as described in the Privacy Policy and may lodge a
complaint with the Spanish Data Protection Authority (AEPD) or their local supervisory
authority. For detailed information about categories of data, purposes, legal bases,
retention periods, recipients, international transfers, and security measures, please refer
to Numen’s Privacy Policy available on the Website.
14. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with Spanish law. Unless
otherwise agreed in a Custom Business Agreement, any dispute arising out of or in
connection with these Terms, the Website, or the pre-contractual relationship between the
parties shall be subject to the exclusive jurisdiction of the courts of Madrid (Spain).
If any provision of these Terms is held invalid or unenforceable, the remaining provisions
shall remain in full force and effect. These Terms constitute the entire agreement between
you and Numen regarding the Website and pre-contractual interactions and supersede any
prior understandings on the same subject.
15. Contact
If you have any doubts, suggestions or clarifications, you can contact us at the following
e-mail address:
legal@numengames.com