The website
www.gamby.app and the Gamby mobile application are published by GAMBY, a simplified joint stock company with a share capital of 1500.00 euros, having its registered office at 99 Avenue Achille Peretti, 92200 Neuilly-sur-Seine, registered with the Nanterre Trade and Companies Register under number 982 497 208 (hereinafter “Gamby” or “us”).
These general conditions of use (the “CGU”) define the conditions of access and use of the Site and the Application. We invite you to read it carefully. For the purposes of these CGU, terms beginning with a capital letter have the meaning given to them in Article 1.
Preamble
We designed the Gamby mobile application (the “Application”) to offer Users a free sports prediction experience, without financial challenges, in a fun and responsible environment.
The Application allows Users to accumulate points called Gambz, awarded according to the actions carried out in the Application (forecasts, viewing advertisements, mini-games, surveys, sponsorships, etc.).
Gambz can be exchanged for Rewards available in the Application, in accordance with the conditions set out in Article 7.
Legal nature of the Application
Gamby is a sports prediction game application that does not require any money. It does not constitute a game of chance or a gambling game within the meaning of article L.320-1 of the Internal Security Code.
In accordance with the doctrine of the National Gaming Authority (ANJ), Gamby does not involve any financial sacrifice on the part of the user, does not require any purchase to participate, and does not aim at individual financial profitability.
The rewards are distributed in a promotional and fun way, based on free actions carried out within the Application.
As a result, Gamby is not subject to the authorization of the ANJ and does not fall under the regulations applicable to online gambling or betting operators.
Section 1: definitions
- Application: refers to the Gamby mobile application, available on iOS and Android.
- Account or User Account: refers to the personal space dedicated to the User, accessible after registration and acceptance of these T&Cs.
- Gambz: refer to the points accumulated by the User according to his actions in the Application (forecasts, viewing advertisements, participation in surveys or mini-games, sponsorship, etc.). Gambz can be exchanged for Rewards, under the conditions set out in Article 7.
- Reward (s): refers to all the advantages or prizes offered in exchange for Gambz, such as cash tickets, participations in games or lotteries, bonuses offered by partners, or any other advantage available within the Application.
- Cash ticket: refers to a Reward that the User can unlock with their Gambz, allowing them to request a withdrawal of their winnings by bank transfer or PayPal in an amount defined in euros, subject to meeting the verification conditions specified in the Application.
- Flames: represent a streak system (daily connection). The User accumulates flames by logging in for several consecutive days, which allows them to unlock additional rewards or bonuses in Gambz.
- Tokens: daily game units that allow you to make predictions about sporting events. The User receives five tokens per day, with the possibility of obtaining more by watching advertisements or through other actions provided for in the Application.
- Boosts: refer to features that allow the User to increase their potential earnings or to predict more matches. Boosts are unlocked by watching ads and are limited to five per day.
- Service (s): refers to all the services and functionalities offered via the Gamby Application.
- User: refers to any natural person registered on the Application, holder of a User Account, aged at least eighteen (18) years old.
- Visitor: refers to any person accessing the Application without being registered.
Article 2: User account
2.1. Enrollment requirements
Registration for the Application is free and reserved for natural persons aged at least eighteen (18), who have access to the Internet. The User declares to be of legal age at the time of registration. Gamby reserves the right to request any document supporting the age or identity of the User at any time, in particular before processing a request to withdraw a Reward.
Registration does not require any financial compensation. No payment is required to access the functionalities of the Application or to participate in the prediction games offered.
Registration implies full acceptance of these General Terms of Use (CGU), materialized by a box to be ticked at the time of creating the Account.
The User also declares to have read the Privacy Policy
www.gamby.app/privacy of Gamby relating to the processing of its personal data.
2.2. Account creation
Registration is done via email or via third party services such as Google or Apple, subject to completing the missing data necessary for the proper management of the Account.
By using these third-party services, the User authorizes Gamby to access the data strictly necessary for the creation and use of his Account, in accordance with the Privacy Policy.
The User undertakes to provide accurate, complete and up-to-date information, including a valid email address that he personally controls.
The same User can only create one Account. It is forbidden for him to use a third party Account, to share his Account with other Users, or to create multiple Accounts. Any violation may result in the suspension or deletion of the Account (s) concerned, in accordance with Article 6.
2.3. Account security
The identification data for his account, and in particular his password, are personal and confidential. It is the responsibility of the User to maintain the confidentiality of his identifiers and his password. Gamby is not responsible for losses or damages resulting from unauthorized access to the User's account. In the event of loss or theft of a password, or even if there is a suspicion of loss or theft, it is recommended that the User immediately reset his password or, failing that, alert GAMBY.
2.4. Account usage
The Application is reserved for individual, non-commercial and personal use. The User must use the Application in a responsible manner with the respect and courtesy that is required of him towards Gamby and third parties.
The User undertakes not to register on behalf of another person, a group of persons and/or a company, or to act in coordination with them.
It is forbidden to have several accounts or to associate with other accounts to influence the game and/or to circumvent these T&Cs. Such actions will result in disqualification and/or additional sanctions.
2.5. User behavior
The User undertakes to behave with respect and courtesy. As such, the user undertakes to act in compliance with applicable laws and regulations. In particular, the user is prohibited from reproducing or disseminating illegal, harmful, threatening, threatening, threatening, abusive, abusive, harassing, defamatory, vulgar, obscene, contrary to good morals, infringing on a person's privacy, hateful or derogatory, or offensive or offensive from a racial, ethnic or other point of view or more generally elements of any kind likely to infringe the rights of third parties; a content which may damage the image of GAMBY and third parties. The opinions displayed on the Application are those of the User, and the Publisher declines all responsibility for them.
It is also forbidden to:
- Any behavior likely to undermine the integrity, functioning or security of the Application and the services offered there;
- Any intrusion or attempted intrusion into GAMBY's information systems;
- Any breach or attempt to breach the authentication measures and other security measures of the Application;
- Any collection, extraction or use, in any way whatsoever, of the information on the Application;
- And more generally, any act likely to infringe the rights and interests of GAMBY.
Article 3: Acceptance of the General Terms of Use (CGU)
3.1. Acceptance
When creating an Account, the User must check the box indicating that he accepts these General Conditions of Use and certifies that he is at least eighteen (18) years old.
This acceptance is a mandatory precondition for accessing the Application. It is a firm contractual commitment on the part of the User.
⚠️ In case of refusal to accept the CGU, the User cannot use the Gamby Application. It is up to him, if necessary, to uninstall the Application and/or delete his Account. ⚠️
Additional or specific terms may apply to certain features or Rewards. They will then be clearly mentioned in the Application and deemed accepted if these functionalities are used.
3.2. Opposability
These CGU come into force as soon as they are accepted by the User and apply throughout the duration of use of the Services.
The updated T&Cs are enforceable:
- 30 days after their notification to the User in the event of a substantial modification;
- immediately for minor changes (editorial, clarification, technical adjustment without impacting the User's rights).
Continued use of the Application after the update implies tacit acceptance of the new T&Cs. The User may at any time choose to stop using the Services and delete their Account.
3.3. Modification of the T&Cs
Gamby reserves the right to modify all or part of these T&Cs at any time, in order to adapt them to its evolution, to a new regulation or to any technical or commercial evolution.
Users will be notified in the event of a substantial modification by any means (in-app notification, e-mail, or other).
They then have a period of 30 days to express a refusal by ceasing the use of the Application.
Article 4: Operation
4.1. Download and access to the Application
The Gamby Application is accessible free of charge via the official download platforms App Store (Apple) and Google Play Store (Android). The use of the Application requires an Internet connection, the possible costs of which remain the responsibility of the User.
Gamby is available in several languages, including French, English, English, Portuguese and Spanish, in accordance with the language configured by the User on their mobile device.
4.2. nature of the services
The Application offers Users a free sports prediction experience, for entertainment purposes only.
Users can:
- Participate in prediction games offered daily using chips offered every day;
- Accumulate Gambz by performing certain actions (forecasts, advertisements, mini-games, sponsorships, surveys...);
- Exchange their Gambz for Rewards, in accordance with the conditions set out in Article 7;
- Track their progress and ranking via a points system.
- All features are offered with no payment requirements.
However, some options or rewards may require an authenticated profile that includes, in particular, identity verification and other specific conditions specified in the Application.
4.3. Strictly personal use
Access to the Services is strictly personal. Each Account is linked to a single User, and any shared or fraudulent use is prohibited.
In particular, the User is prohibited from:
- to use the Application for professional, commercial, advertising or competitive purposes;
- to attempt to hijack the normal functioning of the Application, in particular by the use of bots, emulators, or automations.
4.4. Conditional access to certain functionalities
Some features may require:
- The viewing of an advertisement;
- Validation of the email address;
- Acceptance of specific conditions (in particular in the event of a lottery or withdrawal).
- Access to certain Rewards (e.g. cash prizes) is subject to the verification of the identity of the User.
4.5. Availability of the service
Gamby strives to maintain continuous access to the Application. However, we reserve the right to temporarily suspend all or part of the Services, without notice or compensation, including:
- for maintenance or update operations,
- in case of malfunction, piracy, or attempted fraud,
or for any legitimate reason related to the security or proper functioning of the platform.
Article 5: Intellectual property
The Application and its content, including information, design, logos, logos, text, text, graphics, graphics, graphics, graphics, images, icons, data, software, algorithms, scripts and databases, are the full and entire property of Gamby in accordance with the provisions of articles L.122-6 and following and L.341-1 and following of the Intellectual Property Code. The use of the Application and its content does not involve any transfer to the benefit of the User of any intellectual property right or right of any other nature, on the Application, the contents or on one of the elements composing them.
The use of the Application does not involve any transfer to the benefit of the User of intellectual property rights on brands, signs or names belonging to Gamby or to Gamby's partners. The User is prohibited from using them, in any form and for any purpose whatsoever, without the prior written authorization of Gamby.
The User undertakes not to infringe any intellectual property rights belonging to Gamby or its partners. It is strictly forbidden for the User to reproduce, in whole or in part, the elements:
- Editorial (texts, etc.);
- Informative (databases, personalized results, etc.);
- Organizational (tabs, presentation of services and content, etc.);
- Structural (tree structure, operation of the Application, hypertext links, etc.);
- Conceptual (Application model, advertising, promotional offer, all distinctive signs, etc.);
- Visuals (brand names, domain names, logos, logos, iconographies, iconographies, photographs, graphic charter, images, signs and signage, etc.);
- Audiovisuals (videos, advertisements, programs, etc.);
- Sound;
Etc...
Any violation of these prohibitions may result in legal proceedings in order to protect the intellectual property rights of Gamby and its partners.
Article 6: Credits
The Application was designed by Gamby.
Section 7: User Responsibility
7.1. Unauthorized activities
The use of the Application is carried out under the control, direction and responsibility of the User. The User undertakes not to make any use not authorized by Gamby of the Application or any element likely to cause harm to Gamby or to third parties.
The use of the Application in particular is exclusively reserved for private use for natural persons, for private purposes. Any other use, except with the prior written authorization of Gamby, is likely to constitute counterfeiting.
Users are strictly forbidden to:
- Publish or create items or content that is misleading, suspicious and/or intended to defraud or deceive other Users;
- Post or create material or content that is abusive, obscene, pornographic, defamatory, defamatory, defamatory, harassing, harassing, offensive, vulgar, threatening or malicious or that infringes the privacy or image rights of third parties, incites violence, racial or ethnic hatred, or that may be characterized as gross indecency or incitement to commit certain crimes or offenses;
- Interfere, disrupt, or attempt to gain unauthorized access to the accounts of other Users and their virtual wallets and to impersonate a User.
7.2. Content published by Users on the Gamby network
Comments and other content posted by Users on the Application are not intended to be considered to be from Gamby. Gamby declines all responsibility for the relevance of these comments and cannot be held responsible for the confidence placed in this information by any user of the Application, or by any person informed of its content.
The opinions displayed on the Application are those of the Users, and Gamby declines all responsibility for them.
Users who join the Gamby community must ensure that their actions do not undermine the respect, safety, integrity, and well-being of other users.
If it is established that such action has been committed, Gamby may take all necessary and proportionate measures against the User (s) concerned. These measures may range from the cancellation of a game action to the suspension and/or permanent closure of the account with the appropriation of the amounts and/or Tokens appearing on the closed account, in order to repair the damage suffered by Gamby, in particular the damage to image and reputation.
7.3. Viruses, piracy and criminal acts
The User undertakes not to be guilty of criminal acts against Gamby, in particular by knowingly introducing viruses, Trojan horses, computer worms, or any other harmful or technologically dangerous material on the Application. The User must not attempt to gain unauthorized access to the Application, the server on which they are stored, or any server, computer or database connected to the Application.
The User is prohibited from using a robot, “bot”, “spider”, “spider”, crawler, or any other automated means to access the Application, browse or scan it in violation of these Terms of Use, or create “frames” or “mirrors” of any part of the Application and from using data mining methods or data collection or extraction methods.
By violating this provision, the User is guilty of a criminal offense pursuant to articles 323-1 and following of the Criminal Code, relating to the suppression of attacks on automated data processing systems. Gamby cannot be held liable in case of loss or damage caused by a virus, or any other technologically harmful material that could infect the User's computer equipment, computer programs, data or others, due to its use of the Application or of the downloads that he will have done, or contents that he would have published.
Article 8: Frauds
The following actions are considered to be fraud and without these assumptions being limiting:
- The fact of simultaneously having several accounts in one's name, or of operating several active accounts simultaneously;
- Any act of corruption or attempted bribery;
- More generally, any abuse and/or non-compliance with the Terms of Use;
The existence of fraud can be characterized by any means. If it is established that an act of fraud has been committed, Gamby may take all necessary and proportionate measures against the User (s) concerned.
These measures may range from the cancellation of a game action to the suspension and/or permanent closure of the account with the appropriation of the amounts and/or Tokens appearing on the closed account, in order to repair the damage suffered by Gamby, in particular the damage to image and reputation.
Gamby may initiate any procedure against the User, without prior warning, that it deems useful.
Article 9: Suspicious activities, reports and investigations
Users are invited to report via the Application any potentially fraudulent or illegal activity that they may witness. Gamby reserves the right to investigate the activity of the reported account, and to limit, at its sole discretion, access to the Application and/or to temporarily suspend the account concerned.
Gamby reserves the right to limit access to an account, to temporarily and/or permanently suspend an account when a User is suspected of violating or has actually violated these T&Cs, whether reported or not.
Article 10: Temporary or permanent account suspension
Gamby determines, at its sole discretion, whether there is a violation of these Terms of Use during the User's use of the Application. In the event of a violation, Gamby may take any necessary and proportionate measure. Without prejudice to the foregoing, failure to comply with these Terms constitutes a material violation of these Terms.
Gamby reserves the right to suspend a User's account temporarily or permanently. The account will be suspended after informing the User who owns it at the email address associated with this account, in particular when a suspected or proven violation of these T&Cs is noted.
Gamby reserves the right to temporarily exclude a User from a game and/or to remove him from all games in which he participates, if the User is suspected of violating or having violated these T&Cs.
Article 11: Account deletion
The User may terminate his agreement to these Terms at any time by requesting the deletion of his User account via the Application and by ceasing to use the Application.
Deleting their account will result in the irreversible deletion of all User data associated with the account.
Article 12: Treatment of your personal data
The company GAMBY, which determines the purposes of the processing of personal data necessary for the provision of sports betting and online gambling services, is, within the meaning of the regulations applicable to Data Protection, responsible for processing.
Gamby undertakes to process personal data in accordance with law 78-17 of January 6, 1978, known as “Informatique et Libertés”, as amended, as well as Regulation (EU) 2016/679 of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data (general data protection regulation, hereinafter referred to as “the RGPD”) (hereinafter together referred to as the “Applicable Regulation”). to Data Protection”).
Gamby's commitments concerning personal data are governed by the Privacy Policy accessible through the following URL:
www.gamby.fr/privacyArticle 13: Hypertext links
The Application may contain links to other websites operated by third parties.
These General Terms of Use apply only to interactions carried out via the Application, and not to interactions that may be carried out via third party sites or third-party applications. GAMBY therefore recommends carefully reading the General Conditions of Use of each website and application that the User visits.
On the other hand, GAMBY is not responsible for hypertext links to its own application and that third party websites or third party applications could integrate, even if it would have authorized the third party publisher to place such a link.
Article 14: Complaints
For any complaint concerning the data on the Application, the User may contact Gamby's customer service by email at the following address:
team@gamby.fr.
Gamby is committed to making its best efforts to quickly resolve the difficulty encountered within reason and within the limits of what is technically possible and without the need to make disproportionate efforts in relation to the request.
Article 15: Various
If a provision or part of any of the provisions of these Terms should be declared ineffective, the validity of the other provisions will not be affected. The fact that Gamby does not rely on any of the provisions of the T&Cs cannot be interpreted as a waiver of recourse to them later.
Article 16: Applicable law and attribution of jurisdiction
These CGU are subject to French law.
For any dispute relating to the validity, interpretation or execution of these General Terms of Use, the User and Gamby will endeavour to seek an amicable solution before any trial.
After exhaustion of domestic remedies, and in the event that the User is not satisfied with the response provided by Gamby to his complaint, the User may bring the dispute before the courts under the jurisdiction of the Paris Court of Appeal.
Article 17: Contact
For any questions or complaints, the User is asked to contact our support department at
team@gamby.fr.
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