Last updated Thu 13 Jun 2024

Preamble

It is important that you (otherwise known as the "Client", or the "User") read these terms carefully before you access our website or attempt to purchase/use any of the services we offer. By accessing our website, or by using any of our services, you are agreeing to the terms set forward by this document.

These terms (Otherwise known as the "TOS") apply to your use of Gapple. These terms also apply to your use of any of the services, products and software provided by us.

Gapple reserves the right to modify these terms at any time, with or without notice. Changes made to the document are effective as the date at the top of the document. You agree that you are bound to the terms of the updated document by your continued use of our products.

Privacy Policy

Gapple processes information in accordance with the published Privacy Policy. By using our website and/or services, you agree that Gapple may use the information collected within the confines set forth by the privacy policy. You warrant that all of the information provided to Gapple is true, correct, and accurate at the time of issuing.

You may view the most updated version of the Privacy policy here.

Access to our websites

Gapple does not provide a guarantee that the website, or any content contained within it will be available at all times. Access to the websites, and their contents may be restricted at any time by a member of staff.

Accounts

Gapple creates and assigns accounts to our clients for the purpose of accessing services. These accounts remain as the property of Gapple and, therefore, can be subject to restrictions or termination at our discretion.

Account Creation

Gapple maintains the discretion to limit the creation of accounts for various reasons, which may include factors such as geolocation, assessed fraud risk, and the type of email provider used.

Account Suspension

Gapple retains the authority to temporarily disable a user's account if it is determined by our staff that the account is being used inappropriately or is not adhering to the terms outlined in this document. Gapple has the capability to suspend clients accounts through various means, which include, but are not limited to: modifying the account's password, securing the account with a two-factor authentication code, or completely deactivating the account.

While an account is suspended, clients will lose access to their account and any related services. Clients whose accounts are affected will receive notification of the suspension through the email linked to their account.

Account Termination

Gapple reserves the right to terminate a user's services for any given reason, provided the user is notified at least one hour in advance. The termination of the account will also result in the deletion of any associated services simultaneously.

Should a user indicate their intention to file a complaint with the regulatory authority due to the termination of their account, their access to Gapple's services will be suspended. Reinstallment of access can only occur after clearance is granted by a member of the Gapple staff team.

In the event a user requests the removal of their personal information from Gapple's platform, this request will be interpreted as a wish to deactivate their account. Following this request, their services will be terminated immediately, and their profile will be removed from the billing system. These users retain the option to create a new account at a later date.

Payment for Services

Payments for services provided by Gapple are processed through PayPal, along with other methods chosen at Gapple's discretion. Services are prepaid meaning the user manually deposits credit. Gapple may restrict access to all services if payment is not received within 24 hours of the due date, until the outstanding payment is settled.

Access to services is contingent upon upfront payment. Services will not be provisioned until the initial payment is verified by PayPal.

Chargebacks

If a client initiates a chargeback or disputes a payment for services, Gapple holds the authority to suspend the user's services until the disputed amount is repaid in full, along with an additional £50 fee. Gapple also retains the right to terminate the user's account and deny future service access in cases of a chargeback. Clients are given a 3-day period to retract the chargeback and pay the required fee, falling which their account will be removed from the platform, leading to a permanent ban. This action could also lead to the forfeiture of any credits.

Additional fees

If an invoice is not settled by the due date as per the Gapple billing system, a late fee of £2.50 will accrue daily. For consumer clients, the late fee is capped at a maximum of £10. For business clients, the cap is set at 35% of their invoice total. These fees are mandatory and must be paid in full to resume the service.

Additionally, Gapple will impose a one-time charge of £100 on customers who misuse their Gapple service. Such misuse includes actions that could harm the machine's condition or damage Gapple's reputation, such as overclocking, cryptocurrency mining, or email abuse.

Refunds

Gapple provides clients with a fourteen (14) day period from the purchase date to request a full refund, excluding any fees incurred by Gapple. Requests for refunds beyond this fourteen (14) day window are subject to Gapple's discretion and may be declined. However, refunds in special circumstances may be granted at the discretion of Gapple's management. Clients wishing to request a refund should do so through the livechat option available on our services.

Refunds issued by the management beyond the fourteen (14) day return window will be credited to the client's account. These credits function similarly to a gift card balance. Under certain state laws, Gapple may be required to payout balances if they fall below a specified threshold. However, Gapple may choose not to do so if the account holds active services. Only clients within the United States can "cash out" their balances. Regardless of state law, Gapple will issue a payout if the account has no active services and the credit balance is £1 or less. All cash outs will be the total credit amount in the account, less any processing fees incurred by payment processors.

Delivery of Services

Upon confirmation of payment by PayPal, Gapple's automated systems will initate the creation of your service. Should there be an issue with receiving your service credentials, support is available to assist in retrieving them.

Cancellations

Gapple users have the freedom to cancel their service at any point for any reason. The decision to issue a credit refund is determined by the Gapple staff team. Moreover, Gapple management have the authority to cancel services or access to services at their discretion. In case where service suspension results from a breach of these terms, credit refunds are not applicable.

Service Termination

Gapple retains the authority to suspend or terminate services, provided a notice of 1 hour is given to the client along with the reason for such action. Services can be suspended for a maximum duration of 14 days. Post this period, Gapple staff must either reactivate the services or proceed with termination. Clients have the right to appeal a service termination within 24 hours for any reason by reaching out to us through livechat or [email protected]. An ongoing appeal will extend the 14-day suspension limit until the appeal process is concluded. Gapple may suspend or terminate services for any justifiable reason, as long as the reason is communicated.

Fair use & Prohibited use

Gapple prohibits the hosting of illegal materials or using its service for illegal activities. This includes but is not limited to, using VPS services for DDoS attacks, web hosting to distribute malware, or CDNs to store illegal material.

Clients agree to use allocated resources responsibly and not to exploit system leniency for additional resources. This encompasses avoiding actions like filling up all storage space, sending excessive requests to consume bandwidth, or running multiple instances of resource-heavy programs.

Intellectual Property Rights

Gapple owns or holds licenses for any intellectual property rights on the website and in the published material. These works are protected globally by copyright laws and treaties. All such rights are reserved.

Content created by the community belongs to the user who created it. By posting content on the website, users grant Gapple permission to use and display the content on its website.

Limitation of Liability

Gapple does not exclude or limit its liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation, or any other liability. Subject to the aforementioned, Gapple disclaims all implied warranties, conditions, representations, or other terms that might apply to the Website or its content. Gapple shall not be liable for any loss or damage, whether in contract, tort, breach of slatutory duty, or otherwise, even if foreseeable, arising from:

- Usage or inability to use the Website;

- Dependence on the Website's content.

- Loss of profits, sales, busness or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill, reputation, or any indrect or consequential loss or damage.

General Clauses

The non-exercise or delayed exercise of any right provided in this document by Gapple should not be interpreted as a waiver of that right.

Only parties to this document are entitled to enforce any of its terms.

This document's provisions are independently operative. Should any court of authority find any provision unlawful or unenforceable, the other sections will continue to be valid and enforceable.

3rd party TOS compliance

Clients of Gapple are required to adhere to the terms and conditions set by the games they host. Gapple is not liable for any breaches of these terms. If a game company contacts Gapple seeking suspension of a service due to noncompliance, Gapple will initiate an investigation and may, based on its findings, suspend or terminate the service or account in question.

Notices & Contact information

If you require clarification or have any legal inquiries regarding the terms outlined in this document or any other documents available on our website, please contact our support team through livechat or [email protected]. We aim to respond to your queries within 48 hours.

Governing jurisdiction

Please be aware that the creation, interpetation, and enforcement of this document are subject to the laws as defined by the courts of the United Kingdom. Both you and Gapple mutually consent that these courts will maintain exclusive jurisdiction over any disputes or legal matters arising from this agreement, irrespective of the user's geographical location or nationality.