Coach Terms of Use

Platform publisher

Nathan Manteau EI, sole trader (auto-entrepreneur) operating under the trade name "Gapless", publisher of the "GAPLESS" platform (gapless.gg). SIRET: 10544517500018 (SIREN 105445175), APE code: 7022Z. Address: rue de Terssac, 81000 Albi, France. Email: support@gapless.gg, Website: https://gapless.gg.

1. Purpose

These terms govern the relationship between GAPLESS ("the Platform") and any person offering esport coaching services through the Platform ("the Coach").

GAPLESS is a marketplace that connects players ("the Players") with independent coaches. GAPLESS is not a party to the service contract concluded between the Coach and the Player: it solely provides the tool for connecting, booking and collecting payment.

2. Coach status: independence

• The Coach acts as an independent professional. There is no relationship of subordination or employment contract between the Coach and GAPLESS. The Coach is neither an employee, nor an agent, nor a representative of GAPLESS.
• The Coach is solely responsible for their legal status and obligations. The Coach declares that they have (or undertake to comply with) a status allowing them to carry out a paid activity, for example the status of auto-entrepreneur (micro-enterprise), and to handle their own tax and social declarations (taxes, URSSAF, etc.).
• The Coach acknowledges that GAPLESS does not withhold any social security contributions or tax on their behalf, and that it is up to the Coach to declare and pay what they owe in respect of their activity.

3. Registration and verification

• The Coach provides accurate information when registering (identity, game, level, rates).
• To be paid, the Coach must complete their payment onboarding via Stripe Connect, including the identity verification and bank details required by Stripe. The Coach may however publish their profile and offers, including paid ones, without a Stripe Connect account: that account is only required to RECEIVE money. As long as onboarding is not finalized, amounts due to the Coach on services collected by GAPLESS are held and paid out as soon as it is completed. Services settled by direct transfer to the Coach (single sessions in particular) technically require an active Stripe account at payment time and remain unavailable until then.
• GAPLESS may refuse, suspend or terminate a Coach's access in the event of false information, fraud, or breach of these terms.

4. Services and rates

• The Coach freely sets their rates (individual sessions and/or packs/programs) and defines their availability.
• The Coach undertakes to honor booked sessions, to be punctual, and to provide a serious service in line with its description.
• The Coach refrains from any misleading, abusive or unlawful practice, as well as any disrespectful behavior towards Players.

5. GAPLESS commission

In consideration for the connection and the Platform's services, GAPLESS charges a commission on each transaction, according to a sliding scale based on the Coach's level and subscription:

• The commission is charged automatically at the time of each payment. The Coach receives the amount of the service net of commission.
• GAPLESS may change the scale; any modification is communicated to the Coach and only applies to subsequent transactions.

6. Payments

• Payments are processed by Stripe, an approved payment service provider. Two flows coexist. Under direct transfer, funds pass through Stripe to the Coach's account and GAPLESS does not hold them. For services collected by GAPLESS (packs in particular, and any paid offer from a Coach whose Stripe onboarding is not finalized), funds are received on the GAPLESS Stripe account, which then acts as collecting agent on the Coach's behalf: they are paid over to the Coach after the commission is charged, do not constitute a deposit and bear no interest.
• After the commission is charged, the portion due to the Coach is paid into their Stripe Connect account and then to their bank account, according to Stripe's timeframes and conditions.
• The Coach refrains from circumventing the Platform (carrying out off-platform a service initiated on GAPLESS in order to avoid the commission). Any circumvention may lead to account suspension.

7. Tax and social obligations: information

In accordance with the regulations (art. 242 bis of the CGI), GAPLESS: informs the Coach of their tax and social obligations; provides them with an annual summary of the gross sums received through the Platform; transmits to the tax authorities the required information (DAC7 directive).

The Coach acknowledges being informed that they must declare the income received through GAPLESS and comply with their obligations (registration if regular activity, VAT where applicable, social security contributions).

8. Reviews and reputation

Players may leave a review after a session. The Coach accepts this review system. GAPLESS may moderate or remove a review that is manifestly abusive, false or contrary to its rules.

9. Disputes, cancellations and refunds

• Cancelling a session: the Player may cancel free of charge up to 24 hours before the session (full refund). Between 6 and 24 hours before, 50% of the session price is refunded. Less than 6 hours before, or once the session has started, nothing is refunded. The 0,50 € booking fee is not returned when the Player is the one cancelling. If the Coach does not show up or cancels, whenever that happens, the Player is fully refunded, booking fee included.
• Coaching packs / subscriptions: a pack is a monthly subscription whose content is freely defined and described by the Coach (e.g. coaching hours per week, follow-up, support). The Coach undertakes to provide the services in accordance with the published description of their pack. The sums received may be held by GAPLESS during a verification period before being paid out to the Coach. If the service does not conform to the description: the parties seek an amicable agreement; failing that, the Player is refunded (in full or pro rata) and the Coach receives only the portion corresponding to the service actually provided. The Player may terminate the subscription at any time (commitment limited to the current period).
• Refund / disputes: in the event of a dispute (session not delivered, Coach no-show, service manifestly non-conforming), GAPLESS may, after reviewing the evidence, proceed with a full or partial refund of the Player and adjust accordingly the sums due to the Coach (including reclaiming an amount already transferred).
• GAPLESS acts as a trusted third party to handle disputes but is not responsible for the intrinsic quality of the Coach's service.

10. Intellectual property

The Coach remains the owner of the content they publish (descriptions, videos, programs) and grants GAPLESS a license of use limited to operating and promoting the service.

11. Personal data

The processing of the Coach's data is described in the GAPLESS Privacy Policy (GDPR). The subprocessors notably include Stripe, Supabase, Vercel and Discord.

12. Term, suspension, termination

• These terms apply as long as the Coach holds an active account.
• The Coach may cease their activity at any time. GAPLESS may suspend or delete an account in the event of fraud, abuse, circumvention, harmful behavior or breach of these terms.

13. Liability

• GAPLESS provides a connection platform and does not guarantee a volume of bookings.
• GAPLESS is not responsible for the services provided by Coaches, nor for disputes between Coach and Player, beyond its role as a trusted third party and the applicable legal obligations.

14. Services provided to minors

14.1 The Coach acknowledges that a significant proportion of the beneficiaries may be minors. The Coach undertakes to adapt their behavior, language and the content of their services accordingly.

14.2 With regard to any minor beneficiary, the Coach shall refrain from: soliciting or accepting contact outside the Platform's channels; requesting or transmitting personal contact details; engaging in any exchange of a personal, romantic or sexual nature; soliciting a direct payment or any benefit outside the Platform; proposing an in-person meeting.

14.3 The Coach shall inform GAPLESS without delay of any situation suggesting that a minor beneficiary is in danger.

14.4 Any breach of Articles 14.1 to 14.3 results in the immediate termination of this contract, without notice or compensation, and where applicable a report to the competent authorities.

15. Guarantee in the event of a payment dispute

The Coach indemnifies GAPLESS against the financial consequences of payment disputes ("chargebacks") relating to the services they have provided. In the event of a successful dispute, the commission received by GAPLESS is returned to the Coach and the net amount already paid out is offset against subsequent payouts.

16. Modification of the terms

GAPLESS may modify these terms. Coaches are informed of any modifications; continued use constitutes acceptance.

17. Applicable law and disputes

These terms are subject to French law. In the event of a dispute, the parties will seek an amicable solution; failing that, the dispute will be brought before the competent French courts.