Terms of Service

These Terms of Service (the "ToS") govern the use of the Gaating service (the "Service"), accessible at gaating.com, published by Gaating (the "Publisher").

The Service allows a user to transform any link into an email capture page ("lead magnet") and to automatically route captured leads to their email marketing or lead management tools (Brevo, Mailchimp, Google Sheets, etc.).

• "User": any natural or legal person who creates an account on Gaating
• "Lead": email (and any other data) entered by a visitor on a capture page created by the User
• "Gaating Link": public URL of the form gaating.com/<slug> created by the User
• "Connector": native integration with a third-party service (Brevo, Google Sheets, etc.) configured by the User
• "Visitor": person who clicks on a Gaating Link and accesses the capture page

Use of the Service implies full and unreserved acceptance of these ToS. By creating an account or using the Service, the User acknowledges having read the ToS, the Privacy Policy and the Legal Notice, and accepts them without reservation.

If the User does not accept these ToS, they must refrain from using the Service.

Registration for the Service is open to any adult person or legal entity. The User undertakes to provide accurate information and to keep it up to date.

Authentication is done via magic link (magic link sent by email) — no password. Account security relies on the confidentiality of the attached mailbox. The User is responsible for any activity carried out from their account.

The Publisher reserves the right to refuse or suspend an account in case of violation of these ToS.

The Service includes the following features in particular:

• Creation of public links with customizable capture page
• Form management (email, first name, phone, consent)
• Visual customization of the capture page (template, background, colors, typography)
• Tracking of clicks and conversion rate
• Storage of captured leads with CSV export
• Connectors to third-party tools (Brevo, Google Sheets, and others over time)
• Pausing / reactivating links

The User undertakes not to use the Service to:

• Distribute illegal, defamatory, racist, xenophobic, denialist content, of a child pornography nature or likely to undermine human dignity
• Promote scams, Ponzi schemes, pyramid schemes, or any fraudulent device
• Distribute malware, viruses, or links to phishing sites
• Spam or collect emails without the informed consent of visitors (in violation of the GDPR or the CAN-SPAM law)
• Circumvent the technical limits of the Service (rate limits, quotas, etc.)
• Infringe third-party intellectual property rights
• Use the Service for scraping or unauthorized commercial reuse

Any breach will result in the immediate suspension of the account without notice, and where appropriate a report to the competent authorities.

The User remains solely responsible for the leads they capture via the Service. As such, they undertake to:

• Obtain the informed consent of visitors before capturing their email (visible checkbox if required by applicable law)
• Provide visitors with clear information on the use that will be made of their data (cf. art. 13 GDPR)
• Allow visitors to unsubscribe at any time from their communications
• Not resell leads without prior explicit consent
• Respect the data retention period and the rights of data subjects (access, rectification, erasure, portability, opposition)

Gaating is a processor within the meaning of the GDPR for the processing of leads captured by the User. A data processing agreement ("Data Processing Agreement") may be concluded on request at hello@gaating.com.

The Service offers connectors to third-party services (Brevo, Mailchimp, Google Sheets, etc.). By activating a connector, the User:

• Authorizes Gaating to transmit captured leads to this service, on their behalf
• Acknowledges having accepted the third-party service's terms
• Is solely responsible for the configuration of this service (destination lists, email sequences, etc.)
• Can revoke access at any time by disconnecting the connector in Gaating and/or by revoking the authorization on the third-party service side

Gaating cannot be held responsible for the unavailability, modifications or price changes of integrated third-party services.

Gaating provides the Service as is ("as is") and undertakes to use its best efforts to ensure its proper functioning. However, the Publisher cannot be held responsible for:

• Interruptions or unavailability of the Service related to maintenance, network failures, or cases of force majeure
• Indirect damage suffered by the User or by third parties (loss of turnover, loss of clientele, etc.)
• Behaviors or content of the User or their visitors
• Malfunctions of integrated third-party services (Brevo, Google, etc.)

In any event, Gaating's liability is limited to the amount of sums actually paid by the User over the last 12 months — for the current free beta phase, Gaating's liability is limited to a symbolic amount of 1 €.

The User may terminate their account at any time by sending an email to hello@gaating.com. The account and all associated data will be deleted within 30 days, except for legal retention obligations.

The Publisher reserves the right to suspend or terminate any account in case of violation of the ToS, without notice and without any compensation being able to be claimed by the User.

These ToS may be modified at any time to reflect the evolution of the Service or of the regulations. Substantial modifications will be notified to the User by email with a minimum notice period of 30 days. Use of the Service after notification constitutes acceptance of the new ToS.

These ToS are governed by French law. Any dispute relating to their interpretation or execution falls within the competence of the French courts.

In accordance with article L. 612-1 of the French Consumer Code, the consumer User has the possibility of resorting free of charge to a consumer mediator with a view to an amicable resolution.