Terms of Use (ToU)
1. Publisher
The website gapless.gg (the "GAPLESS", "the Platform") is published by Nathan Manteau EI, a sole trader operating under the trade name Gapless, SIRET 10544517500018, rue de Terssac, 81000 Albi, France, contact: support@gapless.gg.
2. Purpose
These Terms of Use define the conditions of access to and use of the Platform by any user ("User", whether a Player or a Coach). Use of GAPLESS implies full and unreserved acceptance of these Terms of Use.
3. Role of GAPLESS
GAPLESS is a marketplace connecting Players with independent esport Coaches, and providing associated services (booking, payment, Premium subscriptions, PC Optimization). GAPLESS is not a party to the service contract concluded between a Coach and a Player; it acts as a technical intermediary and trusted third party.
4. Access and account
Certain features require the creation of an account. The User provides accurate information and keeps it up to date. Sign-in may be performed in particular via Discord (OAuth).
4.1: Age and capacity
The Platform distinguishes between two age requirements of a different nature:
(a) Creation of a free account. Account creation is open to persons aged at least 15. Minors under 15 may only create an account with the prior consent of their legal guardian, in accordance with Article 8 of the GDPR and Article 45 of the French Data Protection Act (loi Informatique et Libertés).
(b) Purchase of a paid service. Any order for a paid service (coaching session, pack, subscription) requires the legal capacity to enter into a contract within the meaning of Articles 1145 et seq. of the French Civil Code. A minor User may only purchase a paid service on the condition that their legal guardian has first validated the account in accordance with the procedure set out in Article 4.3.
The User declares and warrants that the information relating to their age is accurate. Any false declaration made by deceptive means, in particular the production of falsified identity documents or the use of a third party's identity, constitutes fraudulent conduct engaging the liability of its author and, where applicable, that of their legal guardian, and authorizes GAPLESS to suspend or close the account without notice and without refund of the amounts corresponding to services already performed.
4.2: Age declaration
At the time of their first order, the User provides their date of birth. This information is mandatory, retained for the duration of the contractual relationship plus the applicable limitation period, and processed in accordance with the Privacy Policy.
GAPLESS reserves the right to request proof of age at any time where objective elements suggest that the age declaration is inaccurate, and to suspend access to paid services pending such proof.
4.3: Validation by the legal guardian (minor Users)
Where the User declares a date of birth corresponding to an age below 18, access to paid services is subject to the following procedure:
- The User provides the email address of their legal guardian;
- GAPLESS sends to this address a message describing the nature of the services, their prices, and the applicable minor-protection measures;
- The legal guardian validates the account by means of a single-use link and accepts, in their own name, the Terms and Conditions of Sale;
- The legal guardian is deemed to be GAPLESS's contracting party for all orders placed from the minor's account, and the holder of the registered payment method.
The legal guardian may at any time revoke this validation, cap the account's monthly spending, or request the closure of the account, from their dedicated area or by simple request to the address stated in the Legal Notice.
4.4: Account security
The User is responsible for the confidentiality of their login credentials and for any activity carried out from their account. As authentication is performed via Discord, the User is invited to secure their Discord account, in particular by enabling two-factor authentication.
5. Rules of conduct
The User shall refrain in particular from: any illegal, hateful, harassing or fraudulent behavior; cheating or impersonation; the publication of unlawful content or content infringing the rights of third parties; any attempt to circumvent the Platform (carrying out off-platform a connection initiated on GAPLESS); any harm to the security or operation of the service.
6. Content and reviews
The User remains responsible for the content they publish (profile, messages, reviews) and warrants that they hold the rights thereto. GAPLESS may moderate or remove any content that is manifestly unlawful, false or abusive.
7. Intellectual property
The GAPLESS trademark, logo, visual identity, texts, code and visuals of the Platform are protected. Any reproduction without authorization is prohibited. The Coaches' content remains their property, under an operating license granted to GAPLESS for the operation and promotion of the service.
8. Personal data
The processing of data is described in the Privacy Policy. The User has rights that they may exercise at support@gapless.gg.
9. Availability and liability
- GAPLESS endeavors to ensure the availability of the service but does not guarantee a complete absence of interruption (maintenance, incident, dependence on third parties such as Stripe, Supabase, Vercel, Discord).
- GAPLESS is not responsible for the quality of the services provided by the Coaches, nor for disputes between Users, beyond its role as a trusted third party and its legal obligations.
10. Suspension and termination
GAPLESS may suspend or delete an account in the event of a breach of these Terms of Use, fraud, abuse or harmful behavior. The User may delete their account at any time.
11. Amendment of the Terms of Use
GAPLESS may amend these Terms of Use. Users are informed; continued use constitutes acceptance of the new Terms of Use.
12. Protection of minors
In accordance with Article 28 of Regulation (EU) 2022/2065 (DSA), GAPLESS implements proportionate measures to ensure a high level of safety and security for minors using the Platform. These measures are also detailed on the dedicated Protection of minors page.
12.1: Protective default settings. Accounts identified as belonging to minors are configured restrictively by default: profile not indexed by search engines, personal contact details hidden, messaging limited to Coaches with whom a session has been booked.
12.2: Supervision of exchanges. Exchanges between a Coach and a minor User take place exclusively through the communication channels provided by the Platform. Coaches are prohibited from asking a minor User to move the relationship to an external private channel, from requesting personal contact details, or from engaging in any exchange unrelated to the purpose of the coaching service.
12.3: Traceability. The legal guardian of a minor User may request the recording of the sessions concerning the minor and access them upon simple request.
12.4: Enhanced verification of Coaches. Any Coach wishing to provide services to minor Users is subject to enhanced identity verification and enters into a specific undertaking set out in the Coach Contract.
12.5: Reporting. A reporting mechanism is accessible from every profile and every conversation. Any report concerning a minor User is treated as a priority. A point of contact is reachable at the address stated in the Legal Notice. Where applicable, GAPLESS makes the reports provided for by Article 18 of the DSA and Article 40 of the French law of 21 June 2004.
12.6: No addictive mechanisms. The Platform does not use targeted advertising based on the profiling of minors, nor reward mechanisms designed to artificially prolong usage time.
13. Governing law
These Terms of Use are governed by French law. In the event of a dispute, an amicable solution will be sought; failing that, the competent French courts will have jurisdiction.
