Terms of Service

For purposes of these Terms:

• "Player" means a person who uses the Platform to find, book or receive Coaching Services.
• "Coach" means an independent freelance coach who offers Coaching Services through the Platform.
• "Coaching Services" means coaching, training, gameplay analysis, mentoring or other gaming-related services offered by a Coach.
• "Platform" means the Elovolve website, applications, systems and services.
• "Service Fee" means the fee charged by Elovolve to a Player for facilitating a booking.
• "Booking" means a transaction through which a Player purchases Coaching Services from a Coach.
• "Balance" means the amount recorded in a Coach's Elovolve account that is pending or available for withdrawal.
• "Dispute" means a disagreement concerning a Booking or Coaching Service that is submitted to Elovolve Support for review.

Elovolve operates an online marketplace and intermediary platform connecting Players with independent freelance Coaches.

Elovolve is not the seller, provider or supplier of Coaching Services.

The Coaching Service is provided directly by the Coach to the Player. A Booking therefore creates a contractual relationship concerning the Coaching Service between the Player and the Coach.

Elovolve is not a party to that Coaching Agreement.

Elovolve's role is primarily to:

• provide the Platform;
• facilitate the discovery of Coaches;
• facilitate bookings;
• facilitate payments and payouts through third-party payment providers;
• provide communication and scheduling functionality;
• facilitate dispute resolution; and
• provide marketplace and moderation services.

Elovolve does not guarantee the quality, accuracy, suitability, availability or outcome of any Coaching Service.

Coaches use the Platform as independent freelance service providers.

Nothing in these Terms creates an employment relationship, partnership, joint venture or agency relationship between Elovolve and a Coach.

A Coach is solely responsible for determining and complying with all laws and regulations applicable to their activities, including, where applicable:

• business registration;
• income taxes;
• VAT and other sales taxes;
• social security obligations;
• invoicing requirements;
• local regulatory requirements; and
• other tax or legal obligations.

Coaches are solely responsible for determining whether and how VAT or other taxes apply to their Coaching Services in their jurisdiction.

Elovolve does not provide tax advice to Coaches.

4.1 Coaches

Coaches must be at least 18 years old.

Coaches must provide accurate information and successfully complete any verification required by Elovolve or its payment providers.

Coaches may operate from countries where Elovolve permits access, except where access or payments are restricted due to applicable sanctions, laws or regulatory requirements.

4.2 Players

Players must be at least 16 years old.

Players aged 16 or 17 must obtain permission from a parent or legal guardian before using the Platform.

By using the Platform, the Player confirms that they satisfy the applicable age and consent requirements.

You must provide accurate, complete and current information when creating and maintaining your account.

Depending on your role and applicable requirements, this may include:

• legal name;
• username;
• profile photo;
• country;
• contact information;
• gaming usernames;
• payment information;
• verification information; and
• other information reasonably required to operate the Platform.

You are responsible for keeping your account information accurate.

You are also responsible for maintaining the security of your account and login credentials.

Players may share their accounts only where permitted by the Platform.

Coach accounts may not be shared between multiple individuals.

Elovolve may suspend or terminate accounts where account sharing, suspicious activity or other violations are identified.

Elovolve may screen Coaches before and during their participation on the Platform.

Our screening may include consideration of:

• social media presence;
• public reputation;
• previous reviews;
• experience;
• qualifications or achievements;
• behaviour; and
• other publicly available information.

Payment-related identity verification may be performed by third-party payment providers, including Stripe.

Verification does not constitute a guarantee or endorsement of a Coach's Coaching Services.

Coaches are solely responsible for ensuring that all claims made on their profile are accurate.

This includes claims regarding:

• rank;
• experience;
• achievements;
• qualifications;
• previous results;
• coaching experience; and
• other professional or gaming credentials.

Coaches are solely responsible for the Coaching Services they offer and provide.

Coaches must provide services substantially consistent with their listing and Booking.

Coaches must not make deceptive or misleading claims.

Coaches may not guarantee specific outcomes such as:

• guaranteed rank improvement;
• guaranteed professional status;
• guaranteed earnings;
• guaranteed win rates; or
• other guaranteed performance outcomes.

Statements concerning past achievements or results may be made only where they are truthful and reasonably supportable.

Elovolve does not guarantee that Coaching Services will result in any particular improvement in skill, rank, performance, earnings or other outcome.

The following activities are prohibited on the Platform:

• fraud;
• scams;
• deception;
• impersonation;
• misleading claims;
• fake reviews;
• review manipulation;
• account theft;
• payment fraud;
• chargeback abuse;
• cheating services;
• hacks or cheats;
• rank boosting;
• account boosting;
• account sharing for competitive advantage;
• win trading;
• sale or transfer of gaming accounts;
• attempts to circumvent Elovolve fees;
• arranging off-platform payments for transactions originating through Elovolve;
• harassment;
• threats;
• sexual or inappropriate conduct;
• grooming;
• inappropriate contact with minors;
• requests for intimate material; and
• other unlawful or abusive conduct.

Elovolve may determine whether conduct violates these Terms based on the circumstances and available evidence.

Players and Coaches may not use Elovolve to establish a relationship and subsequently move paid Coaching Services off the Platform for the purpose of avoiding Elovolve fees or payment systems.

For example, a Coach may not instruct a Player to pay the Coach directly through PayPal, cryptocurrency, bank transfer or another payment method instead of using Elovolve for a transaction initiated through the Platform.

Violation of this section may result in:

• temporary suspension;
• permanent account termination;
• cancellation of bookings;
• withholding of funds;
• reversal or adjustment of balances; and
• other measures permitted by law.

Coaches set the price of their Coaching Services.

The Player pays the Coach's listed Coaching Service price plus the applicable Elovolve Service Fee.

For example:

The Service Fee is paid by the Player and is separate from the Coach's Coaching Service price.

Elovolve may calculate the Service Fee using a pricing algorithm based on a fixed amount, percentage or combination of both.

The applicable Service Fee will be displayed to the Player before completing a Booking.

Elovolve may change its Service Fee structure by providing notice in accordance with these Terms.

Payments are processed through third-party payment providers, including Stripe.

Coaches must maintain an eligible and verified Stripe Connect account where required for receiving payouts.

Elovolve does not control decisions made by Stripe or other third-party payment providers.

A payment provider may delay, reject, reverse or restrict a payment or payout in accordance with its own policies and legal obligations.

For a successfully completed Coaching Service, the Coach bears the applicable Stripe transaction costs associated with the Player's payment.

The actual applicable Stripe costs may therefore be deducted from the Coach's Balance.

Where applicable, this may include currency conversion or foreign-exchange-related costs charged by the payment provider.

Elovolve may use the actual fees charged by the payment provider rather than a fixed estimated amount.

Where a Booking is cancelled or a Dispute results in a refund before the Coaching Service has been successfully completed, Elovolve bears the applicable Stripe transaction costs associated with that transaction, except where applicable law or a specific payment-provider rule requires otherwise.

Elovolve may subsequently charge or allocate applicable fees where permitted by these Terms.

Coaches may withdraw available funds from their Elovolve Balance to their connected bank account, subject to applicable payment-provider requirements.

Each withdrawal is subject to a €1.99 withdrawal fee, unless another fee is displayed before the withdrawal is initiated.

The withdrawal fee is charged when funds are withdrawn from the Coach Balance to the Coach's bank account.

The withdrawal fee is non-refundable where a payout fails because of incorrect, incomplete or improperly configured Coach payment or bank details.

Elovolve may change the withdrawal fee by providing at least 14 days' notice.

A Player may book an available Coaching Service through the Platform.

The applicable price, Coach and scheduled time will be shown before the Booking is completed.

Both Players and Coaches may request to reschedule a Booking.

Where both parties agree to a new time, the Booking may be moved to the agreed time through the Platform.

A Player or Coach may cancel a Booking up to one hour before the scheduled start time.

Where a cancellation occurs within the permitted cancellation period, the applicable refund will be processed according to the Platform's refund rules and any mandatory statutory rights.

A cancellation requested less than one hour before the scheduled start time is treated as a potential Dispute and may be reviewed by Elovolve Support.

The same applies where a party fails to attend or otherwise fails to perform the Coaching Service as agreed.

Following the scheduled completion of a Coaching Service, both the Player and Coach may confirm that the session was successfully completed.

When both parties confirm completion, the applicable Coach funds become available for withdrawal.

If one party does not confirm or dispute the completion within 24 hours, the session may be automatically treated as completed.

A Dispute may be opened before automatic confirmation occurs.

Players may request a refund where they have a legitimate reason to do so.

Examples may include:

• fraud;
• scams;
• material misrepresentation;
• failure to provide the Coaching Service;
• serious misconduct;
• significant deviation from the booked service; or
• other circumstances that reasonably justify a refund.

A Player may not request a refund solely because they disliked the Coaching Service or did not achieve the desired gaming result.

Refund and Dispute decisions are made by Elovolve Support.

Elovolve may request evidence from either party, including:

• screenshots;
• chat messages;
• recordings;
• booking information;
• payment information;
• other relevant communications; and
• other evidence reasonably relevant to the Dispute.

Where reasonably necessary, Elovolve may review communications conducted through the Platform for the purpose of investigating a Dispute, fraud, abuse, safety issue or violation of these Terms.

Elovolve's Dispute decision is final within the Platform, subject always to any mandatory rights available under applicable law.

Where a refund is granted under Elovolve's refund policy, the refund normally applies to the Coach's Coaching Service amount.

Elovolve's Service Fee and applicable transaction costs are generally non-refundable under Elovolve's commercial refund policy.

For example:

Where a full commercial refund of the Coaching Service is approved:

Applicable statutory consumer rights are not affected by this policy.

Where a partial refund is granted, the applicable portion of the Coach's Coaching Service amount is refunded to the Player.

Stripe transaction costs attributable to the Booking may still be allocated to the Coach in accordance with these Terms where applicable.

Coach funds become available only after:

1. both parties confirm successful completion; or
2. Elovolve Support makes a decision in a Dispute.

Funds may remain unavailable while a Booking is subject to a Dispute, investigation, fraud review, payment reversal or other legitimate restriction.

Elovolve may hold, deduct, reverse or apply Coach funds where reasonably necessary to:

• process an approved refund;
• resolve a Dispute;
• address fraud or abuse;
• recover amounts owed to Elovolve;
• comply with legal obligations;
• comply with payment-provider requirements; or
• protect the Platform and its users.

Where a refund is approved before Coach funds become available, the relevant funds may be returned to the Player without first becoming withdrawable by the Coach.

If a Coach cancels or fails to provide a booked Coaching Service, Elovolve may provide the Player with a refund or rescheduling option.

A Coach who repeatedly cancels, fails to attend sessions or otherwise fails to provide booked Coaching Services may be suspended or removed from the Platform.

Where a Player fails to attend a Coaching Service without a valid reason, the Coach may be entitled to the applicable Coaching Service amount.

Elovolve may review individual circumstances where a Player disputes a no-show determination.

Players may submit reviews after receiving Coaching Services.

Reviews should be truthful, relevant and based on genuine experience.

A person may not:

• create fake reviews;
• purchase reviews;
• manipulate ratings;
• threaten another user into providing a review;
• offer compensation specifically in exchange for a positive review; or
• otherwise artificially influence ratings.

Elovolve may remove reviews that violate these Terms.

Coaches may respond to reviews.

Elovolve may retain legitimate reviews after a Coach leaves the Platform.

Coaches may provide reviews originating from other platforms for consideration for display on their Elovolve profile.

Imported reviews must be clearly identified as Imported Reviews and must not be represented as reviews originally submitted through Elovolve.

Elovolve may verify, reject, remove or modify the presentation of imported reviews where reasonably necessary to prevent deception or misuse.

Users may upload or provide content including:

• profile photographs;
• usernames;
• biographies;
• gameplay clips;
• screenshots;
• reviews;
• videos;
• messages; and
• other material.

You retain ownership of content you own.

By submitting content to Elovolve, you grant Elovolve a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, format, modify and use that content as reasonably necessary to operate, promote and improve the Platform.

This may include displaying Coach profiles, promoting Coaches, creating social media content, advertising the Platform and producing promotional materials.

Elovolve may remove content that violates these Terms or applicable law.

Players and Coaches may record Coaching Sessions.

Users are responsible for obtaining any consent required by applicable law before recording or publishing a recording.

Users are responsible for complying with applicable privacy, publicity, copyright and other legal requirements when recording or publishing sessions.

Neither Elovolve nor the other party guarantees that recording or publication is legally permitted in every jurisdiction.

Players and Coaches may exchange relevant contact details, including gaming usernames and communication-platform accounts, where reasonably necessary to perform a Coaching Service.

This may include services such as Discord, Steam or other gaming and communication platforms.

Users must not use such communication channels to circumvent Elovolve's payment system or otherwise violate these Terms.

Elovolve may moderate, review or investigate communications where reasonably necessary for:

• Disputes;
• fraud investigations;
• safety;
• harassment;
• abuse;
• violations of these Terms; or
• compliance with legal obligations.

Players aged 16 or 17 must have parental or legal guardian consent.

Coaches must not engage in inappropriate, sexual, exploitative, threatening or manipulative conduct involving minors.

Coaches must not attempt to obtain intimate images or personal material from minors.

Coaches must not use private communications to circumvent Elovolve safeguards or engage in inappropriate contact with minors.

Violations may result in immediate suspension or permanent termination.

All intellectual property relating to the Platform, including its:

• software;
• design;
• branding;
• logos;
• interfaces;
• databases;
• trademarks;
• graphics;
• original content; and
• underlying technology

is owned by or licensed to ExcaliburHQ B.V., unless otherwise stated.

Users may not copy, reproduce, distribute, modify, reverse engineer or commercially exploit Elovolve's intellectual property without permission.

Elovolve may use Coach profiles, photographs, reviews, videos and other submitted materials for Platform operation and marketing in accordance with these Terms.

Elovolve may reference third-party games, platforms, publishers, developers or services.

Elovolve is independent from and is not affiliated with, endorsed by or sponsored by the relevant game publishers or developers unless expressly stated otherwise.

Third-party names and trademarks remain the property of their respective owners.

Elovolve is not responsible for third-party services, including game servers, Discord, Steam, Stripe or other external platforms.

Elovolve does not guarantee that the Platform will always be available, uninterrupted, secure or error-free.

The Platform may occasionally be unavailable due to:

• maintenance;
• updates;
• technical issues;
• security incidents;
• third-party outages;
• infrastructure failures; or
• other circumstances.

Elovolve may modify, suspend or discontinue parts of the Platform where reasonably necessary.

Where a Platform outage materially affects a scheduled Coaching Service, Elovolve may provide rescheduling, refund or other appropriate resolution depending on the circumstances.

Elovolve will not be responsible for failure or delay caused by circumstances beyond its reasonable control.

Such circumstances may include:

• natural disasters;
• war;
• government action;
• widespread internet outages;
• cyberattacks;
• infrastructure failures;
• payment-provider outages;
• third-party service failures;
• telecommunications failures; or
• other events beyond Elovolve's reasonable control.

Elovolve may suspend or terminate a Player or Coach account where it reasonably believes that the user:

• violated these Terms;
• engaged in fraud or abuse;
• provided false information;
• attempted to circumvent Elovolve fees;
• endangered another user;
• engaged in prohibited conduct;
• created payment or security risks; or
• otherwise materially misused the Platform.

Elovolve may remove listings, reviews, messages, content or other material associated with an account.

Elovolve may take action without prior warning where reasonably necessary to protect users, investigate suspected misconduct or comply with legal obligations.

Elovolve is not required to disclose confidential security or fraud-detection information.

Where appropriate, users may contact Elovolve Support by email regarding an account action.

If a Coach account is terminated, Elovolve may retain or withhold funds where reasonably necessary to:

• process refunds;
• resolve outstanding Disputes;
• investigate fraud;
• recover amounts owed;
• comply with payment-provider requirements; or
• comply with applicable law.

Subject to these matters, legitimate funds owed to the Coach will be handled in accordance with applicable law and payment-provider requirements.

Users may request closure of their account.

Account closure does not automatically cancel outstanding contractual, payment, refund or Dispute obligations.

Elovolve may retain information where required or reasonably necessary for:

• legal compliance;
• fraud prevention;
• dispute resolution;
• accounting;
• security; or
• legitimate business purposes.

To the maximum extent permitted by applicable law, Elovolve is not responsible for:

• the quality or legality of Coaching Services;
• the conduct of Coaches or Players;
• gaming results;
• rank improvement;
• loss of profits;
• indirect or consequential losses;
• third-party platform failures;
• game server outages;
• payment-provider decisions;
• unauthorized conduct by users; or
• information supplied by users.

Elovolve does not guarantee any particular outcome from using the Platform or Coaching Services.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

To the maximum extent permitted by law, Elovolve's aggregate liability arising from or relating to the Platform shall be limited to the greater of:

• (a) the amount of Service Fees actually paid by the relevant user to Elovolve during the twelve months preceding the event giving rise to the claim; or
• (b) €100.

This limitation does not apply where liability cannot legally be limited.

To the maximum extent permitted by law, you agree to indemnify and hold harmless Elovolve and ExcaliburHQ B.V. against claims, losses, liabilities, damages, costs and expenses arising from:

• your violation of these Terms;
• your unlawful conduct;
• your Coaching Services, where you are a Coach;
• your content;
• your infringement of another person's rights; or
• your misuse of the Platform.

This section applies only to the extent permitted under applicable law.

Elovolve may amend these Terms from time to time.

For material changes, Elovolve will provide at least 7 days' notice by email before the changes take effect, unless a shorter period is required for legal, security or other urgent reasons.

The updated Terms will be made available on the Platform.

If you do not agree with the updated Terms, you may stop using the Platform and close your account.

Continued use of the Platform after the effective date constitutes acceptance of the updated Terms, to the extent permitted by law.

Users may contact Elovolve Support regarding Platform issues, Bookings, refunds and Disputes.

Where appropriate, users should first attempt to resolve Platform-related issues through Elovolve Support.

Nothing in these Terms prevents a consumer from exercising mandatory legal rights or remedies.

These Terms are governed by the laws of the Netherlands, without prejudice to mandatory consumer protection laws that may apply to consumers in their country of residence.

Subject to mandatory applicable law, disputes concerning these Terms or the Platform shall be submitted to the competent courts of the Netherlands.

Nothing in these Terms is intended to exclude, restrict or replace mandatory rights granted to consumers under applicable law.

Where applicable, statutory consumer rights regarding withdrawal, refunds, conformity, unfair terms, dispute resolution or other consumer protections remain unaffected.

Where a mandatory legal requirement conflicts with these Terms, the mandatory legal requirement prevails.

The processing of personal data through the Platform is governed by Elovolve's Privacy Policy.

Users should review the Privacy Policy to understand how their personal data is collected, used, stored and shared.

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

These Terms, together with any policies expressly incorporated into them, constitute the agreement between you and Elovolve regarding your use of the Platform.

Additional terms may apply to particular services, promotions or features.

Elovolve is operated by:

For questions regarding these Terms or the Platform, please contact Elovolve Support.

By using Elovolve, you acknowledge that you have read, understood and agreed to these Terms of Service.