Terms and Conditions

1. Introductory provisions

⦁ We are eMate! A platform for gamers, operated by our company LNL Synergy s.r.o., ID No. 21945276, with registered office at Nové sady 988/2, Staré Brno, 602 00 Brno (hereinafter referred to as „eMate“).

⦁ The provision of our services is governed by these terms and conditions, which govern the provision of all digital services on our www.emate.gg website, app and other platforms (hereinafter referred to as "platform").

⦁ The platform is an online marketplace allowing players to meet guides while playing games. The terms and conditions further define and specify the rights and obligations of players and guides when using the platform

⦁ The platform does not allow obtaining a license or other authorization to play any game, but only mediates contact between the player and the guide and allows them to communicate easily while playing games.

⦁ The following terms are used in these terms and conditions with the following meanings:

⦁ Player is any natural person over the age of 18 who creates a user account on the platform in order to request gameplay accompaniment from the creators.

⦁ Guide is a player who has entered into a brokerage contract with us and can offer paid accompaniment for gaming on the platform.

⦁ Users are players and guides together.

⦁ Game is any video game provided by a third party that allows online multiplayer play on PC, XBOX or PlayStation.

⦁ User account is a personalized platform environment, accessible to users after registration, under an email address and password. Each user account may only be used by one individual

⦁ Registration is the process of setting up a user account. Registration requires a working email address to which the player has access. Registration must be completed via a link that will be sent to the player's email address. Upon completion of the registration, a no-fee digital service agreement will be entered into between us and the player.

⦁ Gratuitous digital service contract: The contract entered into between eMate and the player at the time of completion of registration under these terms and conditions. The content of the free digital service contract is exclusively constituted by these terms and conditions, which the user has agreed to and were sent to upon registration. The content of the free digital content agreement is not archived by us in any way and is therefore not available to the user even upon request. The free digital service agreement can be concluded in the languages listed on the platform.

⦁ Brokerage contract: Contract between eMate and the guide. The content of the brokerage contract is regulated in the special terms and conditions detailing the relationship between eMate and the guides.

⦁ Accompaniment contract: Contract between the player and the platform guide.

⦁ By Credits we mean the electronic means of payment used on the platform.

⦁ Consumer is any natural person who enters into a contract with eMate or the guides outside the scope of their business activity or outside the scope of their independent exercise of their profession.

⦁ In these conditions, an entrepreneur means a guide who carries out the activity of a guide independently on their own account and responsibility with the intention of doing so consistently for profit.

⦁ By registering you confirm your acceptance of these terms and conditions. Registration cannot be completed without your consent. By confirming your registration, the terms and conditions become binding. These terms and conditions exclude the use of users' terms and conditions.

2. Platform

⦁ The platform is open to the public without restrictions and free of charge. With the exception of viewing guide profiles, most features are only available to users after registration and the first login to a user account

⦁ The platform allows guides to offer to accompany players in playing video games for a fee.

⦁ Players can choose between, search and sort the guides on the platform according to the selected parameters.

⦁ The platform allows players to contract guides and pay for this service securely through a payment gateway, and allows players and guides to communicate securely and easily while playing together.

⦁ eMate is not responsible for the content or the quality of the services offered by the guides on the platform, but only for the functionality of the platform. eMate does not guarantee uninterrupted access to the platform for Users, nor does it guarantee the safety and security of the User-generated content on the platform.

⦁ As the platform is available to users free of charge, users have no rights from defective performance. However, users are entitled to notify us of defects in the platform at any time. If a defect is confirmed, we will make the necessary efforts to remedy the defect within a reasonable time.

⦁ Users are responsible for all costs incurred in connection with their use of the platform (i.e. internet connection costs, fees or royalties associated with playing games, etc.).

⦁ Clicking on certain links on the platform may cause you to leave the platform and be redirected to third party websites. eMate is not responsible for their content.

3. User account

⦁ To use all the features of the platform, you need to create a user account.

⦁ To create a user account, you will need a working email address and you must provide us with true and accurate identification and contact information about yourself to the extent required by the registration form and keep this information current.

⦁ When you register, you will be able to choose a username to appear on the platform. The username must be unique and cannot be changed later or used in another user account.

⦁ The user account must be protected by a non-trivial password that is at least 8 characters long and contains upper and lower case letters and at least one special character.

⦁ The user is entitled to use the user account only for their own use and is obliged to secure the access data appropriately. The user is obliged to report any suspected misuse of the user account immediately.

⦁ eMate shall not be liable for any loss or damage arising from unauthorised use of or access to user accounts if arising from a breach of these terms and conditions.

⦁ For security reasons, we do not know the user passwords for the accounts. If you forget it, please use the recovery mechanism on the platform.

⦁ An internet connection and a device with Firefox 50, Chrome 45, Safari 10, Edge 14 or higher software version is required to access your user account and use the platform.

⦁ Each user can only have one user account.

⦁ The user can cancel their user account at any time directly in the application - cancellation of the account also results in the termination of the contract for the free provision of the digital service

4. Credits

⦁ Guides can only be compensated with credits credited to the user's account.

⦁ Credits are electronic means of payment that are only used to pay for rewards on the platform and cannot be used for other purposes.

⦁ Credits can be loaded into the account via the payment gateway directly on the platform.1 credit is worth EUR 1. The transaction may be subject to a third party fee (PayPal, etc.), in which case the user will be notified of the fee in advance before loading the credits.

⦁ Credits have a limited validity. The duration of the credit is 12 months. The remaining validity is indicated in the user account. In the event that credits are not used within their validity period, they will be debited from your user account without further notice and can no longer be redeemed.

⦁ Users can donate credits to other users through their user account. There is no charge for donating credits.

⦁ In the event of cancellation of a user account, any unused credits will be forfeited without refund.

⦁ The credit is applied at the time the accompaniment contract is concluded.

5. Accompaniment contract

⦁ The subject of the accompaniment contract is a pecuniary obligation of the guide to accompany the player in playing the game. However, the guide undertakes only to accompany the player and is not responsible for the outcome of the game.

⦁ The amount of the guide's reward is stated in the guide's offer, including VAT if applicable. The player can only pay the reward via credits. If the player does not have enough credits in the user account, the contract cannot be concluded.

⦁ The duration of the accompaniment is indicated on the platform - usually 15 or 30 minutes and can be extended

⦁ The player selects the specific game and game platform (PC / XBOX / PlayStation) from the accompaniment menu.

⦁ Both the player and the guide are obliged to follow our community guidelines at all times during the accompaniment.

⦁ The specific parameters of the accompaniment are always listed on the guide's profile and can be selected by the player in the platform interface. Clicking on the button " REQUEST A GUIDE " will send a binding offer to the selected guide.

⦁ The accompaniment contract is concluded at the moment of acceptance of the offer by the guide. The guide is not obliged to accept any offer.

⦁ eMate is not a party to or an incidental party to the accompaniment contract and shall not be liable for the performance of the obligations of the parties or for any damages arising in connection with the accompaniment contract.

⦁ eMate is not a party to the contract, so we are not obliged to issue a tax receipt to the player. The guide is obliged to issue a tax receipt to the player if he is a VAT payer.

⦁ The accompaniment contract can only be concluded via the platform, and only with guides who are currently present on the platform (online).

⦁ The services are provided immediately at the request of the players, so the players do not have the right to withdraw from the contract within 14 days from the conclusion of the contract, even if the contract was concluded with the entrepreneur by distance.

⦁ A confirmation of the concluded contract in text form will be displayed in the user account immediately after the contract is concluded.

6. Ranking of guides and their ratings

⦁ Guides are sorted on the platform according to the sort type and filter set by the user.

⦁ eMate does not influence or interfere with the ordering of the guides. No form of paid advertising can influence the ranking on the platform.

⦁ The evaluation of guides is only possible by players who have signed a contract with the guide at least once.

⦁ eMate does not influence reviews in any way and displays them according to the time they were published. A review may be deleted if its content violates community policies.

⦁ For each guide, a declaration will be given as to whether or not he is an entrepreneur. If a player enters into an accompaniment contract with a guide who is not an entrepreneur, he/she does not have consumer rights under the European Union's consumer protection regulations.

7. Update

⦁ The platform can be continuously updated. The latest version will always be made available to all users.

⦁ Updates can improve the platform, fix bugs, modify, optimise or otherwise enhance the platform.

⦁ Thus, the digital services provided may change over time in terms of functionality, appearance, compatibility, interoperability and other features.

⦁ In the event of an update, eMate notifies users of changes in a clear and understandable way - usually directly in the platform.

8. Restrictions on access

⦁ eMate is entitled to temporarily restrict access to user accounts or the entire platform in the event of security risks.

⦁ eMate may freeze a user's account for a period of time if the user violates these terms and conditions and/or the community guidelines. In the event of a material or repeated violation, the account may be terminated without refund.

⦁ If a user interferes with the platform in any unauthorized manner or takes steps to violate the technical protection of the platform, their user account may also be terminated without refund.

⦁ If the user does not use their account for a long period of time, the account may be cancelled. The user will be notified in advance of the start of the process at the email address used during registration.

⦁ Access to user accounts may also be temporarily restricted in the case of updates, provided that users have been notified in advance.

⦁ If you believe that we have frozen or cancelled your account inappropriately, please contact us.

9. User content

⦁ User Generated Content means any content posted by a User on the platform.

⦁ User content mainly includes usernames, communication between users, user account content, game logs with accompaniment, recordings, etc.

⦁ If users' content is their own work, users do not lose any property rights by uploading it to the platform.

⦁ However, by uploading the Content, Users grant eMate a royalty-free, perpetual, worldwide, non-exclusive, irrevocable license to operate and promote the platform for the duration of the applicable intellectual property rights. eMate is also entitled to sublicense the Content to third parties without restriction.

⦁ Users are not permitted to upload to the platform any copyrighted works of third parties without proper authorization, illegal content, content that invades the privacy of third parties, or content that otherwise violates these Terms or the community guidelines.

⦁ eMate does not actively control and is not responsible for the content of users. If you suspect illegal content, please use the option to report it directly to the platform.

⦁ Users are not allowed to post content on the platform that would be in violation of the community guidelines, in particular:

⦁ illegal content,

⦁ explicit content,

⦁ any form of bullying or harassment,

⦁ content depicting violence,

⦁ privacy-invasive content,

⦁ Content that is inconsistent with these terms and conditions.

⦁ For more information on undesirable content, please refer to the community guidelines included in these terms and conditions.

10. Personal data protection

⦁ We value your privacy and you can find detailed information about the processing of the personal data you provide in our privacy policy.

11. Contact

⦁ You can contact us at any time using these contact details:

⦁ data box: mc68gek

⦁ email address ⦁ support@emate.gg

⦁ address of the registered office: Nové sady 988/2, Staré Brno, 60200, Brno, Czech Republic

⦁ We can also communicate directly through the platform.

12. Out-of-court setlement of consumer disputes

⦁ In the event that a consumer dispute arises between eMate and the consumer, or between the consumer and the guide who is an entrepreneur, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such dispute to the designated consumer dispute resolution body, which is:

Česká obchodní inspekce

Ústřední inspektorát – oddělení ADR

Štěpánská 44

110 00 Praha 1

Email: adr@coi.cz

Web: adr.coi.cz

Consumers can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/

13. Changes to Terms and Conditions

⦁ We reserve the right to change these terms and conditions unilaterally for any reason whatsoever.

⦁ We will notify users of the change at least 30 days in advance via the email inboxes used to register the user account or directly on the platform.

⦁ The user is entitled to reject the changes and terminate the contract for this reason with a notice period of 1 month. After the expiry of the notice period, the user account will be cancelled.

⦁ The current version of the terms and conditions is always published on the platform.

14. Final Provisions

⦁ Rights and obligations not covered by these terms and conditions are governed by the relevant provisions of the Civil Code.

⦁ To fulfil the purpose of the contract, the parties undertake to provide each other with the necessary cooperation at the request of the other party.

⦁ Any disputes between users and eMate arising from the use of the platform or the agreement on the free provision of digital services will be resolved under Czech law and exclusively in Czech courts.

⦁ This version of the terms and conditions is valid and effective from 1 March 2025.