Guidey™ | Terms of Service

Effective: 1st January 2023

These Terms of Service (“Terms”) govern your access to and use of our Service as described below in section 1.1 Our service. These Terms are an agreement between you and Airguide Digital Ltd (trading as Guidey™), 71-75 Shelton Street, London, WC2H 9JQ, a company registered in England & Wales (Registered Company Number: 13394346). By using our Service you agree to be bound by these Terms. If you have any questions about these Terms, please contact us by emailing hello@guideyapp.com.

Please read these Terms carefully.

1. Our service

1.1 Our service

Guidey™ is a cloud-based software platform that allows you (the “User”) to upload and share digital information in the form of text, links, graphics, photos, audio, videos, documents or other materials or arrangements of materials uploaded (collectively referred to as “Content”) with your customers, guests or tenants (the “End-user”). Our “Service” comprises any and all functionalities and tools offered as part of our “Sites” https://guideyapp.com, https://guidey.app, https://air.guide and any sub-domains of these sites unless expressly excluded by their own terms and conditions.

1.2 Modification or Discontinuation of the Service

We may add, modify or discontinue any feature, functionality or any other tool, within the Service and/or Sites, at our own discretion and without further notice. If however, we make any material adverse change in the core functionality of the Service, then we will notify you by posting an announcement on https://guideyapp.com and/or by sending you an email. Some features and functionality may be available only with certain versions of the Service.

1.3 No Contingency on Future Service Improvements

You hereby acknowledge that your purchase of the Service is not contingent on the delivery by us of any future functionality or feature improvements, including without limitation, the continuance of: (i) the Service beyond its current Subscription Term; or (ii) Third Party Services, or dependent on any private or public comments we make, orally or in writing, regarding any future functionality or feature.

2. Licence and Intellectual Property Rights

2.1 Our Intellectual Property

The Service and Sites, inclusive of materials, such as software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and service marks, any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing (collectively, “Airguide Digital Ltd Materials”), are the property of Airguide Digital Ltd, and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and Airguide Digital Ltd, Airguide Digital Ltd retains all right, title and interest, including all intellectual property rights, in and to the Airguide Digital Ltd Materials.

2.2 Your Access and Use Rights

Subject to the terms and conditions of these Terms, and your compliance thereof, and specifically in strict compliance with our Acceptable Use Policy, we grant you a limited, worldwide, non-exclusive, non-transferable right to access and use the Service and Sites, during the applicable Subscription Term, solely for the User.

2.3 Use Restrictions

Except as expressly permitted in these Terms, you may not, and shall not allow an Authorised User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Sites to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Sites or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Sites; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service or Sites, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service or Sites, or any part thereof; (v) take any action that imposes or may impose (at Airguide Digital Ltd’s sole discretion) an unreasonable or disproportionately large load on the Airguide Digital Ltd infrastructure or infrastructure which supports the Sites or Service; (vi) interfere or attempt to interfere with the integrity or proper working of the Service or Sites, or any related activities; (vii) remove, deface, obscure, or alter Airguide Digital Ltd’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Sites, or use or display logos of the Service or Sites without Airguide Digital Ltd’s prior written approval; (viii) use the Service or Sites for competitive purposes, including to develop or enhance a competing service or product; or (ix) encourage or assist any third party (including other Authorised Users) to do any of the foregoing.

2.4 Feedback

As a User of the Service and/or Sites, you may provide suggestions, comments, feature requests or other feedback to any of Airguide Digital Ltd’s Materials, the Service and/or the Sites (“Feedback”). Such Feedback is deemed an integral part of Airguide Digital Ltd’s Materials, and as such, it is the sole property of Airguide Digital Ltd without restrictions or limitations on use of any kind. Airguide Digital Ltd may either implement or reject such Feedback, without any restriction or obligation of any kind. You (i) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (ii) irrevocably assign to Airguide Digital Ltd any right, title and interest you may have in such Feedback; and (iii) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights, worldwide, in or to such Feedback.

3. Use of The Service

3.1 Who May Use The Service

You may use the Service only as permitted by applicable law and in compliance with our Acceptable Use Policy. We may review your conduct and Content for compliance with these Terms and our Acceptable Use Policy.

To use the Service you must be 18 or older. By accessing or using the Service, you represent and warrant that you have the legal right to do so and meet the age requirements. If you are accepting these Terms and using the Service on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

3.2 Your Registration Information

To register to the Service for the first time, you are required to create an account (“Account”) with the Service. When creating an Account, you: (i) agree to provide us with accurate, complete, and current registration information about yourself; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential and secure; (iii) agree that you are fully responsible for all activities that occur under your User Profile and Account Credentials (collectively referred to as your “User Data”), including any integration or any other use of third party products or services (and associated disclosure of data) in connection with the Service; and (iv) undertake to promptly notify us in writing if you become aware of any unauthorised access or use of your Account or User Profile and/or any breach of these Terms. We may assume that any communications we receive under your User Profile have been made by you. You will be solely responsible and liable for any losses, damages, liability and expenses incurred by us or a third party, due to any unauthorised usage of the Account by either you or any other User or third party on your behalf.

3.3 Subscription and Billing

You do not need to pay to access the Service during your trial period. Beyond your trial period, full access to the Service is only available with a paid access plan (a “Subscription”). Fees for Subscriptions (“Subscription Fees”) are due in advance for each billing period (“Subscription Period"), with the initial payment due either (i) on the date when your trial period ends, or (ii) if your trial has ended, on the date when you complete set up of your Subscription. There are two types of Subscription: (i) a Monthly Subscription, in which Subscription Fees are paid and access to the Service is provided on a monthly basis, and (ii) an Annual Subscription, in which Subscription Fees are paid and access to the Service is provided on an annual basis.

Your Subscription begins as soon as your initial payment is processed (your “Subscription Start Date”). Your Subscription will automatically renew each Subscription Period without notice until you cancel. We use a third party payment processor, Stripe, for payment services. By paying for a Subscription, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/privacy and authorise us and Stripe to share any information and payment instructions you provide with your Payment Provider and any other Third Party Service provider(s) solely required to complete your transactions. You authorise us to store your payment method(s) and to automatically charge your payment method(s) every Subscription Period until you cancel. We will automatically charge you the then-current rate for your plan, every Subscription Period upon renewal until you cancel. We may change our fees and billing practices at any time and we will notify you of any rate change with the option to cancel.

Subscription Fees are calculated according to the quantity of units (or “Guides”) which have been created and not subsequently deleted within your account at the time of the Subscription cycle payment. When Guides are created or deleted within a Monthly Subscription, the billing unit quantity change takes effect from the next Subscription Period and no pro-rata amount is billed or refunded for the period between the creation or deletion of a Guide and the next Subscription Period. When an additional Guide is created within an Annual Subscription, we will automatically charge you the then-current rate for the additional guide according to your plan on a pro-rata basis until the end of the current Subscription Period. At the end of your current Subscription Period, your Subscription will automatically renew at the then-current rate for your plan on an annual basis. When Guides are deleted within an Annual Subscription, the billing unit quantity change takes effect from the next Subscription Period and no pro-rata amount will be refunded for the period between the deletion of a Guide and the next Subscription Period.

All Subscription Fees and other payments or credits related to your Account will be made in accordance with the charges and billing terms in effect when such payment is due. You must provide us with a valid credit card or other payment method that we accept (“Payment Provider”), prior to starting a Subscription. You will promptly update your Account if there is any change to your payment information. If your primary payment method fails, you authorise us to charge any other payment method in your account.

Your Payment Provider agreement, and not these Terms, governs your use of the designated credit card or online transaction account. By providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us without additional notice or consent.

Subscriptions will automatically renew at the rates then in effect until cancelled as set forth in Section 3.4. By subscribing, you authorise us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will pay all amounts due on your Account within seven (7) days of the date such payment was due or we may terminate your Subscription.

3.4 Termination of the Subscription

Subscriptions may be cancelled at any time by logging into your account and submitting the cancellation form here . Cancelled Subscriptions will retain access to the service for the remainder of the term that has been prepaid by the User (the Subscription Period), and no refund will be issued. We require 48 hours notice to cancel your Subscription. Upon receipt of a cancellation request we will process the cancellation as promptly as possible. If your cancellation request is sent to us within 48 hours of the next billing date of your Subscription cycle, then we cannot guarantee that the cancellation will be processed before payment for the next Subscription cycle is processed. If such scenario occurs then the Cancelled Subscription will retain access to the service for the remainder of the term that has been prepaid by the User (the Subscription Period) and no refund will be issued.

In the event that the Subscription expires or is terminated for whatever reason, no portion of any payments of any kind whatsoever previously provided hereunder shall be owed or be repayable or refunded to the User.

Payment details are not required from you in order for you to access the Service during your trial period. By entering your payment details, you agree to begin a paid Subscription as soon as your initial payment is processed (your “Subscription Start Date”), which will automatically renew each Subscription Period without notice until you cancel. It is your responsibility to understand these terms and manage your Subscription to the Service. For the avoidance of doubt, refunds will not be issued if you: (i) fail to acknowledge or understand these terms; (ii) forget that you subscribed to the Service; (iii) do not make use of the Service.

4. Content on the Service

4.1 Content

Within the Service, digital information in the form of text, links, graphics, photos, audio, videos, documents or other materials or arrangements of materials (collectively referred to as “Content”) is uploaded by the User or on behalf of the User by a representative of Airguide Digital Ltd. Content is yours. These Terms don’t give us any rights to your Content except for the limited rights that enable us to offer the Service. We cannot use your Content for any other purpose without prior written email approval from the User.

Content, whether created, uploaded, downloaded or shared by the User, an authorised or unauthorised third party or an employee or representative of Airguide Digital Ltd is the full responsibility of the User. It is expected and agreed that the User will review Content prior to sharing it with an End-user via the Service. Once Content is deleted from the Service by either the User or by a representative of Airguide Digital Ltd, it cannot be retrieved. It is the User’s responsibility to maintain a copy of Content if so required.

4.2 Responsibility for Content

Airguide Digital Ltd does not take any responsibility for your Content, including without limitation (i) the accuracy or quality of Content; and (ii) the End-user’s interpretation or understanding of Content. Airguide Digital Ltd does not accept any responsibility or liability for issues or claims that might arise in relation to Content that has been read, viewed, or heard by an authorised or non-authorised End-user via the Service. For the avoidance of doubt, this includes sensitive information including but without limitations, property addresses, property access instructions, security codes, and internet connection passwords. It is the User’s responsibility to ensure that Content and access to Content is kept safe and secure and is not shared with unauthorised End-users.

Airguide Digital Ltd does not accept any responsibility or liability for issues or claims that might arise in relation to Content that has not been read, viewed, or heard by any authorised or non-authorised End-user via the Service. For the avoidance of doubt, this includes regulatory or legal information including but without limitations, health and safety regulations, gas, electrical and fire safety documents, insurance or emergency contact or services details. It is the User’s responsibility to ensure that such documents and information as required by applicable law or governing entity shall be provided to End-users in a format separate from the Service and the Service should not be relied upon to provide such information to End-users. The User accepts full responsibility and liability for Content uploaded to and shared via the Service, and its use or non-use by the End-user.

4.3 Content Policy

Please read theAcceptable Use Policy and ensure that your Content is in strict compliance thereof. Please don’t copy, upload, download, or share content unless you have the right to do so. We reserve the right to remove Content that violates theAcceptable Use Policy, including for example, Content that is illegal, offensive, harmful, fraudulent, or constitutes copyright or trademark violations or other intellectual property misappropriation.

5. Your Data and Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Service. You understand that through your use of the Service you consent to the collection and use of this information, including the transfer of this information to the United Kingdom, United States, and/or other countries for storage, processing and use by Airguide Digital Ltd and its partners (as set forth in thePrivacy Policy).

Help us keep your User Data and Content protected. Safeguard your password to the Service, and keep your account information current. Don’t share your account credentials or give others access to your account. Airguide Digital Ltd accepts no liability for any events which arise out of authorised or unauthorised use of the User’s account credentials by a third party.

6. Disclaimers and Limitations of Liability

Airguide Digital Ltd makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service, Sites or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content, User Data and other communications maintained by the Service; (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (v) whether End-users of the service are authorised or non-authorised by the User; (vi) whether End-users will receive, view or have the means or ability to view or download Content shared via the Service, including but without limitation such Content the User is required to share with the End-user by applicable law or governing entity; (vii) how users will interpret or understand Content on the Service; (viii) the conduct of End-users in relation to Content on the Service; and (ix) whether the Service will provide the User or End-user with any benefit whatsoever. No advice or information, whether oral or written, obtained from Airguide Digital Ltd or through the Service or Sites, will create any warranty or representation not expressly made herein.

7. General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://guideyapp.com/terms-of-service, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

These Terms shall be construed in accordance with the laws of England and Wales. The parties irrevocably agree that the Courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the agreement.