Payments Terms of Service
Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.
These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and AppyGuide governing the Payment Services (defined below) conducted through or in connection with the AppyGuide Platform.
When these Payments Terms mention “AppyGuide Payments,” “we,” “us,” or “our,” it refers to AppyGuide Sarl, with registered address at 10, chemin Fin d’Enhaut, 1269 Bassins, Switzerland.
The AppyGuide Terms of Service (“AppyGuide Terms”) separately govern your use of the AppyGuide Platform. All capitalized terms have the meaning set forth in the AppyGuide Terms unless otherwise defined in these Payments Terms.
1. Scope and Use of the Payment Services
- AppyGuide Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the AppyGuide Platform (“Payment Services”).
- AppyGuide Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. AppyGuide Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
- The Payment Services may be linked to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. AppyGuide Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by AppyGuide Payments of such Third-Party Services.
- You may not use the Payment Services except as authorized by Swiss law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Stories are or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
- Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Third-Party Services, the latter terms and conditions will take precedence with respect to your use of or access to that Third-Party Service, unless specified otherwise.
2. Key Definitions
“Payout” means a payment initiated by AppyGuide Payments to a Storyteller for services performed in connection with the AppyGuide Platform.
“Payout Method” means a financial instrument that you as a Storyteller have added to your AppyGuide Account, such as a direct deposit.
“Purchase Price” means the listing price of a Story.
“Total Price” means the purchase price of a Story inclusive of any applicable VAT, foreign exchange fees and any applicable transaction fees.
“Payment Method” means a financial instrument that you as a Traveller have added to your AppyGuide Account, such as a credit card or a debit card.
3. Modification of these Payments Terms
AppyGuide Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the AppyGuide Platform and update the “Last Updated” date at the top of these Payments Terms. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect by terminating your Account with AppyGuide. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
4. Eligibility, Member Verification
- You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
- You must be a private individual, and not a legal entity, in order to use the Payment Services.
- AppyGuide Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
- We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Method or Payout Method; or (iii) attempting to screen your information against third-party databases. AppyGuide Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5. Account Registration
- In order to use the Payment Services, you must have an AppyGuide Account in good standing. If you or AppyGuide closes your AppyGuide Account for any reason, you will no longer be able to use the Payment Services.
- You may authorize a third party to use your AppyGuide Account in accordance with the AppyGuide Terms. You acknowledge and agree that anyone you authorize to use your AppyGuide Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
6. Payment Methods and Payout Methods
- When you add a Payment Method or Payout Method to your AppyGuide Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information to AppyGuide Payments and/or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Method will include, but is not limited to, your full address, name on the account, account currency, routing number, account number and/or email address or mobile number linked to your PayPal account.
- You authorize AppyGuide Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms.
- You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. AppyGuide Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
7. Financial Terms for Storytellers
- In order to publish your story and be eligible to receive a Payout you must have a valid Payout Method linked to your AppyGuide Account. AppyGuide Payments will generally initiate Payouts to your selected Payout Method. AppyGuide Payments will make payouts at the frequency of its choosing. AppyGuide Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
- Your Payout will be calculated as follows: 20% of the attributable Purchase Price every time your story is sold through the Platform less any applicable fees charged by third-party payment processors (e.g. PayPal) for the payout transaction.
- AppyGuide Payments will remit your Payouts in its currency of revenue. Depending on your chosen Payout method, you may incur foreign exchange fees and/or transaction fees imposed by your banking institution or payment service provider.
- For compliance or operational reasons, AppyGuide Payments may limit the value of each individual Payout. If you are due an amount above that limit, AppyGuide may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
- AppyGuide Payments is not responsible for any fees that a Storyteller’s payment institution may impose when AppyGuide Payments sends a Payout, and AppyGuide Payments disclaims all liability in this regard.
8. Financial Terms for Travellers
- You authorize AppyGuide Payments to charge your Payment Method the Total Fees for a Story you request to purchase in connection with your AppyGuide Account. AppyGuide Payments will collect the Total Fees in the manner agreed between you and AppyGuide Payments via the AppyGuide Platform.
- AppyGuide Payments is not responsible for any fees that a Traveller’s banking institution or payment service provider may impose when AppyGuide Payments processes a credit card payment authorised by a Traveller, and AppyGuide Payments disclaims all liability in this regard.
9. Appointment of AppyGuide Payments as Limited Payment Collection Agent
- Each Storyteller or Member collecting payment for services provided via the AppyGuide Platform (such as Storyteller services) (“Providing Member”) hereby appoints AppyGuide Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Travellers or Members purchasing such services (“Purchasing Members”).
- Each Providing Member agrees that payment made by a Purchasing Member through AppyGuide Payments, shall be considered the same as a payment made directly to the Providing Member. Each Providing Member understands that AppyGuide Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. AppyGuide Payments guarantees payments to Providing Members only for such amounts that have been successfully received by AppyGuide Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, AppyGuide Payments assumes no liability for any acts or omissions of the Providing Member.
- Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that AppyGuide Payments is not a party to the agreement between you and the Providing Member, AppyGuide Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to AppyGuide Payments, your payment obligation to the Providing Member is extinguished, and AppyGuide Payments is responsible for remitting the funds less AppyGuide Service Fees to the Providing Member in the manner described in these Payments Terms. In the event that AppyGuide Payments does not remit any such amounts, the Providing Member will have recourse only against AppyGuide Payments and not the Purchasing Member directly.
10. General Financial Terms
- Service Fees
AppyGuide Payments collects the Service Fees charged by AppyGuide pursuant to the AppyGuide Terms. AppyGuide Payments deducts the Service Fees from the Purchase Price before remitting the Payout to the Storyteller as described in these Payments Terms.
- Refund Policy
Terms governing this section are detailed in the AppyGuide Terms of Service and are hereby included by reference.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.
11. Resolution Procedures for Diverted Payouts
- If you as a Storyteller believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your AppyGuide Account (“Credentials”) are lost or stolen, you should notify AppyGuide immediately. As a Storyteller you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a device on which you access the AppyGuide Platform) or where you have failed to keep your Credentials safe.
- We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the AppyGuide Platform and/or Payment Services in accordance with the AppyGuide Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.
- If you as Storyteller claim not to have received a Payout properly due to you via your chosen Payout Method, AppyGuide will make immediate efforts to trace the payment and will notify you of the outcome.
- Any complaints about the Payment Services should be made to AppyGuide at [email protected]
12. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the AppyGuide Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your AppyGuide Account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AppyGuide Payments or any of AppyGuide Payments’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
Terms governing this section are detailed in the AppyGuide Terms of Service and are hereby included by reference.
14. Warranty and disclaimers
- If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The Payment Services are provided “as is”, without warranty of any kind, either express or implied.
- Notwithstanding AppyGuide Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the AppyGuide Platform, AppyGuide Payments explicitly disclaims all liability for any act or omission of any Member or other third party. AppyGuide Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are expressly excluded.
- If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
- The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your AppyGuide Account in any way, you are responsible for the actions taken by that person. Neither AppyGuide Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not AppyGuide Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providing Members pursuant to these Payments Terms, in no event will AppyGuide Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for purchases via the AppyGuide Platform as a Traveller in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Storyteller, the amounts paid by AppyGuide Payments to you in the twelve (12) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between AppyGuide Payments and you.
- If you reside in the EU, AppyGuide Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. AppyGuide Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of AppyGuide Payments in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of AppyGuide Payments is excluded.
16. Third Party Rights
Terms governing this section are detailed in the AppyGuide Terms of Service and are hereby included by reference.
Terms governing this section are detailed in the AppyGuide Terms of Service and are hereby included by reference.
18. Term and Termination, Suspension, and other Measures
20. Applicable Law and Jurisdiction
21. Dispute Resolution and Arbitration Agreement
22. General Provisions
"Affiliates" means companies related by common ownership or control.
"Aggregated Information" means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user.
"Data Controller" means AppyGuide, the company responsible for the use and processing of Personal Information.
"Third Parties" means companies or persons not related by common ownership or control (i.e. non-affiliates) or other unrelated individuals. Third Parties can be financial and non-financial companies, or persons other than you and AppyGuide.
"Personal Information" means information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.
1. Information we collect
There are three general categories of information we collect.
1.1 Information You Give Us.
1.1.1 Information that is necessary for the use of the AppyGuide Platform.
We ask for and collect the following personal information about you when you use the AppyGuide Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
- Account Information. When you sign up for an AppyGuide Account, we require certain information such as, but not limited to your name, email address, and country of residence. For Storytellers, we also require information such as place of work or study and occupation.
- Profile Information. To use certain features of the AppyGuide Platform (such as reviewing a Story or creating and publishing a Story), we may ask you to provide additional information such as a profile photo or a biography:
- If you are registered as a Storyteller, then certain parts of your profile like your profile picture, first name and first letter of your last name (or a nickname you create), place of work (E.g. university) and short biography are a part of your public profile page, and will be publicly visible to others.
- If you are registered as a Traveller, then certain parts of your profile like your profile picture, first name and first letter of your last name and country of residence are a part of your public profile page, and will be publicly visible to others.
- Payment Information. To use certain features of the AppyGuide Platform (such as publishing a Story or purchasing a Story), we may require you to provide certain financial information (like your bank account (or other information relating to Payment Services depending on your country of residence) or to log into your Apple Pay or Google Pay accounts) in order to facilitate the processing of payments (via AppyGuide Payments).
- Communications with AppyGuide. When you communicate with AppyGuide, we collect information about your communication and any information you choose to provide.
1.1.2 Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using AppyGuide Platform. This additional information will be processed based on your consent.
- Additional Storyteller’s Profile Information. If you are registered as a Storyteller, you may choose to provide additional information as part of your AppyGuide profile (such as field of work or study and a personal description/short biography). Some of this information as mentioned in paragraph 1.1.1 is part of your public profile page, and will be publicly visible to others.
- Address Book Contact Information. You may choose to import your address book contacts or enter your contacts’ information manually to access certain features of the AppyGuide Platform, like inviting them to use AppyGuide.
- Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your AppyGuide Account, respond to surveys, post to community forums, participate in promotions, or use other features of the AppyGuide Platform.
1.1.3 Information that is necessary for the use of the Payment Services.
The Payments Data Controller needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
- Payment Information. When you use the Payment Services, the Payments Data Controller requires certain financial information (like your bank account and full address) or for you to log into your Apple Pay or Google Pay account in order to process payments and comply with applicable law.
- Identity Verification and Other Information. If you are a Storyteller, the Payments Data Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.
1.2 Information We Automatically Collect from Your Use of the AppyGuide Platform and Payment Services.
When you use the AppyGuide Platform and the Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the AppyGuide Platform and Payment Services.
- Geo-location Information. When you use certain features of the AppyGuide Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. AppyGuide may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
- Usage Information. We collect information about your interactions with the AppyGuide Platform such as the pages or content you view, your searches for Stories, purchases you have made, and other actions on the AppyGuide Platform.
- Log Data and Device Information. We automatically collect log data and device information when you access and use the AppyGuide Platform, even if you have not created an AppyGuide Account or logged in. That information includes, among other things: details about how you’ve used the AppyGuide Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the AppyGuide Platform.
- Payment Transaction Information. AppyGuide Payments collects information related to your payment transactions through the AppyGuide Platform, including
- For Travellers: the payment instrument used (Apple Pay or Google Pay), date and time of a transaction, and payment amount
- For Storytellers: PayPal email address, IBAN information, your address and other related transaction details depending on your country of residence.
1.3 Information We Collect from Third Parties.
AppyGuide and AppyGuide Payments may collect information, including personal information that others provide about you when they use the AppyGuide Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the AppyGuide Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
- Third Party Services. If you link, connect, or login to your AppyGuide Account with a third party service (e.g. Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
- Your Ratings and Reviews. If you are a registered as a Storyteller, and someone has rated your Published Story or written a review of your Story, it will be published on your AppyGuide public profile page.
- Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the AppyGuide Platform through partnerships, or about your experiences and interactions from our partner ad networks.
2. How we use information we collect
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the AppyGuide Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
2.1 Provide, Improve, and Develop the AppyGuide Platform.
- Enable you to access and use the AppyGuide Platform.
- Operate, protect, improve, and optimize the AppyGuide Platform and experience, such as by performing analytics and conducting research.
- Provide customer service.
- Send you service or support messages, updates, security alerts, and account notifications.
- If you provide us with your contacts’ information, we may process this information: (i) for fraud detection and prevention, and (ii) for any purpose you authorize at the time of collection.
- To operate, protect, improve, and optimize the AppyGuide Platform and experience, and personalize and customize your experience (such as making Story suggestions or ranking search results), we conduct profiling based on your interactions with the AppyGuide Platform, your search and purchase history, your profile information and preferences, and other content you submit to the AppyGuide Platform.
We process this information given our legitimate interest in improving the AppyGuide Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.
2.2 Create and Maintain a Trusted and Safer Environment.
- Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
- Conduct security investigations and risk assessments.
- Verify or authenticate information or identifications provided by you (such as to verify your background or compare your identification photo to another photo you provide).
- Conduct checks against databases and other information sources, including background checks, to the extent permitted by applicable laws and with your consent where required.
- Comply with our legal obligations.
- Resolve any disputes with any of our Members and enforce our agreements with third parties.
- Enforce our Terms of Service and other policies.
- In connection with the activities above, we may conduct profiling based on your interactions with the AppyGuide Platform, your profile information and other content you submit to the AppyGuide Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the AppyGuide Platform if such processes detect a Member or activity that we think poses a safety or other risk to the AppyGuide Platform, other Members, or third parties.
We process this information given our legitimate interest in protecting the AppyGuide Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws
2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
- Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about AppyGuide or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google). You have the possibility to refuse promotional emails by using the “unsubscribe” option provided in each of our emails.
- Personalize, measure, and improve our advertising.
- Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by AppyGuide or its third party partners.
- Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the AppyGuide Platform, information obtained from third parties, and your search and purchase history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by changing your notification settings within your AppyGuide Account.
2.4 How the Payments Data Controller uses the Information Collected.
- Enable you to access and use the Payment Services.
- Detect and prevent fraud, abuse, security incidents, and other harmful activity.
- Conduct security investigations and risk assessments.
- Conduct checks against databases and other information sources.
- Comply with legal obligations (such as anti-money laundering regulations).
- Enforce the Payment Terms and other payment policies.
- With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.
The Payments Data Controller processes this information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
3. Sharing and disclosure
3.1 With Your Consent.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your AppyGuide Account or when you participate in promotional activities conducted by AppyGuide partners or third parties.
3.2 Profiles, Listings, and other Public Information.
The AppyGuide Platform lets you publish information, including personal information, that is visible to the general public. For example:
- Parts of your public profile page, such as your nickname or first name and first letter of your last name, your biography, your photo, place of work or study, etc. are publicly visible to others.
- Published Story pages are publicly visible and include information such as the audio you recorded, the Storyteller’s public profile photo, and any additional information that you provided to create a Story.
- After purchasing a story, Travellers may write reviews and rate Stories. Reviews of Stories you created are a part of your public profile page.
- If you submit content in a public forum or social media post, or use a similar feature on the AppyGuide Platform, that content is publicly visible.
Based on our legitimate interest to promote the AppyGuide Platform we may display parts of the AppyGuide Platform (e.g., your Story or your public profile page) on sites operated by AppyGuide’s business partners, using technologies such as widgets or APIs. If your Stories or public profile pages are displayed on a partner’s site, information from your public profile page may also be displayed.
Information you share publicly on the AppyGuide Platform may be indexed through third party search engines. We do not control the practices of third party search engines, and they may use caches containing your information.
3.3 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.
AppyGuide and AppyGuide Payments may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against AppyGuide, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, property or personal safety of AppyGuide, its employees, its Members, or members of the public.
These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the AppyGuide Platform secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.
Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon AppyGuide’s property, its Members and the AppyGuide Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
3.4 Service Providers.
AppyGuide and AppyGuide Payments uses a variety of third party service providers to help us provide services related to the AppyGuide Platform and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”).
AppyGuide and the AppyGuide Payments will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
3.5 Corporate Affiliates.
To enable or support us in providing the AppyGuide Platform and the Payment Services, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.
3.6 Social Media Platforms.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the AppyGuide Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be in your interest.
The social media platforms with which we may share your personal data are not controlled or supervised by AppyGuide. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.
Please note that you may, at any time ask AppyGuide to cease processing your data for these direct marketing purposes by sending an e-mail to [email protected] with subject line: Opt-Out.
For any jurisdiction in which we facilitate the Collection and Remittance of Taxes, Storytellers and Travellers expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions and applicable VAT, Sales and other Taxes, including, but not limited to, personally identifiable information such as Storyteller’s or Traveller’s name, country of residence, transaction dates and amounts, contact information and similar information, to the relevant Tax Authority.
3.8 Business Transfers.
3.9 Aggregated Data.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymised information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
4. Other important information
4.1 Analysing your Communications.
We may review, scan, or analyse your communications on the AppyGuide Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyse messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyse messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyse your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on AppyGuide's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
4.2 Linking Third Party Accounts.
You may link your AppyGuide Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” When you create this link:
- some of the information you provide to us from the linking of your accounts may be published on your AppyGuide Account profile;
- your activities on the AppyGuide Platform may be displayed to your Friends on the AppyGuide Platform and/or that third party site;
- a link to your public profile on that third party social networking service may be included in your AppyGuide public profile;
- other AppyGuide users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
- other AppyGuide users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking service;
- the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and the publication and display of information that you provide to AppyGuide through this linkage is subject to your settings and authorizations on the AppyGuide Platform and the third party site.
We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
4.3 Google Maps/Earth.
5. Third party partners and integrations
The AppyGuide Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services ("Third Party Partners"). AppyGuide doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, AppyGuide, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
6. Your rights
You may exercise any of the rights described in this section before your applicable AppyGuide Data Controller and Payments Data Controller by sending an email to [email protected] Please note that we may ask you to verify your identity before taking further action on your request.
6.1 Managing Your Information.
You may access and update some of your information through your Account settings. If you have chosen to connect your AppyGuide Account to a third-party application, like Facebook, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
6.2 Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your AppyGuide Account).
6.3 Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
6.4 Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the AppyGuide Platform to you, you can request that we erase your personal information and close your AppyGuide Account. Please note that if you request the erasure of your personal information:
- We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an AppyGuide Account for fraud or safety reasons, we may retain certain information from that AppyGuide Account to prevent that Member from opening a new AppyGuide Account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, AppyGuide and AppyGuide Payments may keep some of your information for tax, legal reporting and auditing obligations.
- Information you have shared with others (e.g., Reviews or Ratings) may continue to be publicly visible on the AppyGuide Platform, even after your AppyGuide Account is cancelled. Additionally, some copies of your information (e.g., log records) may remain in our database.
- Because we maintain the AppyGuide Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
6.5 Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your personal information by AppyGuide you may withdraw your consent at any time by sending a communication to AppyGuide specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing and pending the verification whether the legitimate grounds of AppyGuide override your own.
6.6 Objection to Processing.
In some jurisdictions, applicable law may entitle you to require AppyGuide and AppyGuide Payments not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing AppyGuide and/or AppyGuide Payments will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask AppyGuide to cease processing your data for these direct marketing purposes by sending an e-mail to [email protected]
6.7 Lodging Complaints.
You have the right to lodge complaints about the data processing activities carried out by AppyGuide and AppyGuide Payments before the competent data protection authorities.
7. Operating globally
California Privacy Rights
California law permits Members who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact” section for where to send such requests. AppyGuide and AppyGuide Payments do not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your AppyGuide Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your AppyGuide Account, please contact us following the instructions in the Contact Us section below.
9. Data concerning children
The AppyGuide Platform is meant for adults and children over 13 years old. We ask you to refrain from creating an account or transmitting personal data for children under 13.
11. Contact us
Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the AppyGuide Platform, you agree to comply with and be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not permitted to use or access the AppyGuide platform in any way.
These Terms of Service also apply to all users who upload or contribute Content to the AppyGuide platform. The term “Content” includes the text, software, scripts, graphics, photos, sounds (including audio recordings), music, videos, audio-visual combinations, interactive features and other materials you may view on, access through, or contribute to the AppyGuide platform.
When these Terms mention “AppyGuide,” “we,” “us,” or “our,” it refers to AppyGuide Sarl. with registered address at 10, chemin Fin d’Enhaut, 1269 Bassins, Switzerland.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in these Terms of Service with respect to the AppyGuide Platform. These Terms of Service constitute the entire and only agreement between us and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the AppyGuide Platform, the content, products or services provided by or through the Platform, and the subject matter of these Terms of Service.
2. Scope of AppyGuide Services
- The AppyGuide Platform is an online marketplace that enables registered users (“Members”) who offer services (Members who offer services are “Storytellers” and the services they offer are “Stories”) to publish such Stories on the AppyGuide Platform (“Published Stories”) and to transact directly with Members that are seeking to purchase such Stories (Members purchasing Stories are “Travellers”).
- As the provider of the Platform, AppyGuide does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Stories, unless those Stories are marked as stories created and published by AppyGuide. Storytellers alone are responsible for their Stories. When Members purchase a Story, they are entering into a contract directly with each other. AppyGuide is not and does not become a party to or other participant in any contractual relationship between Members, nor is AppyGuide a broker or insurer. AppyGuide is not acting as an agent in any capacity for any Member.
- While we may help facilitate the resolution of disputes, AppyGuide has no control over and does not guarantee (i) the existence, quality, or legality of any published Stories, (ii) the truth, quality or accuracy of any published Story including but not limited to the Story description, audio recording and its contents, photographs related to the Story, location of the subject landmark and its opening hours, Ratings, Reviews, or other Member Content or (iii) the performance or conduct of any Member or third party. AppyGuide does not endorse any Member or Story. Any information published on the AppyGuide platform about a specific Storyteller is information provided by the Storyteller and is not an endorsement, certification or guarantee by AppyGuide about that Member, including the Member's identity or background or whether the Member is trustworthy or suitable. You should always exercise due diligence when deciding whether to purchase a Story.
- You grant us the right (1) to allow the AppyGuide Platform to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Platform, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the AppyGuide Platform, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content published on the AppyGuide platform may contain advertising as part of the Content. In such cases, AppyGuide will make such Content available to you unmodified.
- If you choose to use the AppyGuide Platform as a Storyteller, your relationship with AppyGuide is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of AppyGuide for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of AppyGuide.
- To promote the AppyGuide Platform and to increase the exposure of Stories to potential Travellers, published Stories and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
- The AppyGuide Platform may use or contain links to third-party websites, services and resources, including any and all payment processing services (e.g. payments and payouts) in connection with your use of the AppyGuide Platform (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. AppyGuide is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by AppyGuide of such Third-Party Services.
3. Eligibility, Using the AppyGuide Platform, Member Verification
- You must be at least 18 years old and able to enter into legally binding contracts to access and use the AppyGuide Platform or register an AppyGuide Account. By accessing or using the AppyGuide Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
- You must be a private individual, and not a legal entity, in order to register an AppyGuide Account.
- You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- AppyGuide may make the access to and use of the AppyGuide Platform, or certain areas or features of the AppyGuide Platform, subject to certain conditions or requirements, such as meeting specific quality or eligibility criteria or meeting Ratings or Reviews thresholds.
- User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Storyteller’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Storytellers to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Storytellers.
- If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the AppyGuide Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
4. Modification of these Terms
These Terms of Service may be amended at any time from time to time by us without specific notice to you. The latest Terms of Service will be posted on the Site with the date of the last update, and you should review these Terms of Service prior to using the Platform. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect by cancelling your Account.
5. Account Registration
- You must register an account ("AppyGuide Account") to access and use the AppyGuide Platform.
- You can register an AppyGuide Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook ("SNS Account").
- You must provide accurate, current and complete information during the registration process and keep your AppyGuide Account and public AppyGuide Account profile page information up-to-date at all times.
- You may not register more than one (1) AppyGuide Account unless AppyGuide authorizes you to do so. You may not assign or otherwise transfer your AppyGuide Account to another party.
- You are responsible for maintaining the confidentiality and security of your AppyGuide Account credentials and may not disclose your credentials to any third party. You must immediately notify AppyGuide if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your AppyGuide Account. You are liable for any and all activities conducted through your AppyGuide Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
- AppyGuide may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the AppyGuide Platform ("Member Content"); and (ii) access and view Member Content and any content that AppyGuide itself makes available on or through the AppyGuide Platform, including proprietary AppyGuide content and any content licensed or authorized for use by or through AppyGuide from a third party ("AppyGuide Content" and together with Member Content, "Collective Content" or “Content”).
- The AppyGuide Platform, AppyGuide Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Switzerland and other countries. You acknowledge and agree that the AppyGuide Platform and Collective Content, including all associated intellectual property rights, are the exclusive property of AppyGuide and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AppyGuide Platform, AppyGuide Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of AppyGuide used on or in connection with the AppyGuide Platform and AppyGuide Content are trademarks or registered trademarks of AppyGuide in Switzerland and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the AppyGuide Platform, AppyGuide Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
- By uploading, publishing, modifying or displaying your Member Content to any part of our service or the Platform, you automatically grant, and you represent and warrant that you have the right and all necessary licenses to grant, to AppyGuide a perpetual, exclusive, transferable, fully paid and royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, distribute, prepare derivative works based on, sublicense, and otherwise commercially exploit your Member Content for any purpose on or in connection with our service or the Platform or the promotion thereof, including in connection with incorporating your Member Content in connection with compilations that include other works or other derivative works, and to grant sublicenses of any of the foregoing rights. You also grant each user of the Platform a non-exclusive license to access your Member Content through the Platform, and to use, display and perform your Member Content for personal use as permitted through the functionality of the Platform and under these Terms of Service.
- You promise that, with respect to any Member Content you post on AppyGuide, (1) you have the right to post such Member Content, and (2) such Member Content, or its use by AppyGuide as contemplated by the Agreement, does not violate the Agreement, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your Member Content by AppyGuide or any writer, entity or individual without express written consent from such individual or entity.
- AppyGuide may, but has no obligation to, monitor, review, or edit Member Content. In all cases, AppyGuide reserves the right to remove or disable access to any Member Content for any or no reason, including but not limited to, Member Content that, in AppyGuide’s sole discretion, violates the Agreement. AppyGuide may take these actions without prior notification to you or any third party. Removal or disabling of access to Member Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific Member Content.
- You are solely responsible for all Member Content that you post or make available on or through the AppyGuide Platform. AppyGuide is not responsible for Member Content nor does it endorse any opinion contained in any Member Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the AppyGuide Platform or you have all rights, licenses, consents and releases that are necessary to grant to AppyGuide the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or AppyGuide's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You agree that if anyone brings a claim against AppyGuide related to member content that you post, then, to the extent permissible under local law, you will indemnify and hold AppyGuide harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
- Please respect AppyGuide, the owners of the Content, and other users of the AppyGuide Service. You hereby guarantee that you will not post, upload, publish, submit or transmit any Member Content or register and/or use a username, which is or includes material that:
- is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- contains any form of child exploitation;
- is illegal, or intended to promote or commit an illegal or harmful act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of AppyGuide or a third party;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote content;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by AppyGuide;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by AppyGuide;
- interferes with or in any way disrupts the AppyGuide Platform, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Platform or AppyGuide’s computer systems, network, usage rules, or any of AppyGuide’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreement, as determined by AppyGuide.
- Please be thoughtful about how you use the AppyGuide Service and what you share. The AppyGuide Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on AppyGuide or across the web, so please use AppyGuide carefully and be mindful of your account settings. AppyGuide has no responsibility for your choices to post material on the Service.
- You acknowledge that AppyGuide has no obligation to monitor the access to or use of the AppyGuide Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the AppyGuide Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist AppyGuide in good faith, and to provide AppyGuide with such information and take such actions as may be reasonably requested by AppyGuide with respect to any investigation undertaken by AppyGuide or a representative of AppyGuide regarding the use or abuse of the AppyGuide Platform.
7. Acknowledgement of copyright and other intellectual property rights
- The Content, organization, graphics, design, compilation, digital conversion and other subject matter embodied in or relating to the AppyGuide Platform are protected under applicable copyrights, trademarks, publicity or privacy rights, and other intellectual property or proprietary rights. The copying, redistribution, use or publication by you of any such subject matter, including any Content displayed on or accessible through the AppyGuide Platform, except as allowed by this section, is strictly prohibited. You do not acquire ownership interest or rights to any Content or other subject matter displayed on or accessible through the AppyGuide Platform. The posting of Content or other information on the AppyGuide Platform by AppyGuide does not constitute a waiver by AppyGuide of any right in such Content, or other subject matter.
- We reserve the right to immediately remove any material that we believe is or may be infringing or violating any third party intellectual property or other rights or in violation of local or foreign laws at anytime, without prior notice to you.
8. Platform and its contents subject to modification
We reserve the right in our sole discretion to edit or delete any Content or material appearing on the Platform. This includes text, any uploaded audio or visual Content, as well as artwork, avatars, or comments that may be posted to the Platform by AppyGuide or any user of the Platform. AppyGuide may also, without prior notice, remove or disable access to any Member Content that AppyGuide finds to be in violation of these Terms of Service or AppyGuide’s then-current policies or standards, or otherwise may be harmful or objectionable to AppyGuide, its Members or third parties. You agree that we may terminate your access at anytime for any reason without prior notice.
9. Limited right to use
- The AppyGuide software applications and the Content are licensed, not sold, to you, and AppyGuide and its licensors retain ownership of all copies of the AppyGuide software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”) and even after downloading purchased Content.
- Under these Terms, AppyGuide grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the AppyGuide Platform and accessible to you, solely for your personal and non-commercial use. No part of any Content or other subject matter that is displayed on or accessible through the Platform may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution) or as allowed via the site (such as RSS feeds). Accessing the Platform via automated means is expressly forbidden except where stated otherwise explicitly or implicitly (APIs, RSS feeds etc).
- You agree to abide by our user guidelines in this Agreement and not to use the AppyGuide Platform, the Content, or any part thereof in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in this Agreement, AppyGuide grants no right, title, or interest to you in the AppyGuide Platform or Content.
- All AppyGuide trademarks, service marks, trade names, logos, domain names, and any other features of the AppyGuide brand (“AppyGuide Brand Features”) are the sole property of AppyGuide. The Agreement does not grant you any rights to use any AppyGuide Brand Features whether for commercial or non-commercial use.
10. User guidelines
AppyGuide respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Platform, to make sure AppyGuide stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, "ripping", recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the AppyGuide Platform or the Content, or otherwise making any use of the AppyGuide Service or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the AppyGuide Platform or the Content or any part of it;
- using the AppyGuide Platform to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the AppyGuide Platform, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by AppyGuide, its Storytellers, any third party to protect the Content or the Platform;
- selling, renting, sublicensing or leasing of any part of the AppyGuide Platform or the Content;
- circumventing any territorial restrictions applied by AppyGuide or its Storytellers;
- artificially increasing play count or otherwise manipulating the Platform by using a script or other automated process;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the AppyGuide Platform (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person's username and password;
- Using bots, crawlers, scripts or other automated means to access and manipulate the Content of the Platform, including streaming, downloading and posting comments is expressly forbidden;
- selling a user account or published Stories, or otherwise accepting any compensation, financial or otherwise, to influence the content included on an account in a way not that is not expressly permitted by the Platform and/or these Terms;
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
- use the AppyGuide Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies AppyGuide endorsement, partnership or otherwise misleads others as to your affiliation with AppyGuide;
- use the AppyGuide Platform in connection with the distribution of unsolicited commercial messages ("spam");
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
- use, display, mirror or frame the AppyGuide Platform or Collective Content, or any individual element within the AppyGuide Platform, AppyGuide's name, any AppyGuide trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the AppyGuide Platform, without AppyGuide's express written consent;
- dilute, tarnish or otherwise harm the AppyGuide brand in any way, including through unauthorized use of Collective Content, registering and/or using AppyGuide or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to AppyGuide domains, trademarks, taglines, promotional campaigns or Collective Content;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by AppyGuide or any of AppyGuide's providers or any other third party to protect the AppyGuide Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the AppyGuide Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- infringe on anyone else's copyrights, or otherwise violate any other rights or contractual obligations.
11. Service limitations and modifications
AppyGuide will make reasonable efforts to keep the AppyGuide Platform operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, AppyGuide reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the AppyGuide Platform, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the AppyGuide Platform or any function or feature thereof. You understand, agree, and accept that AppyGuide has no obligation to maintain, support, upgrade, or update the Platform, or to provide all or any specific content through the Platform. This section will be enforced to the extent permissible by applicable law. AppyGuide and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
12. Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket using the contact form on the Contacts section of our Site. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
13. Terms specific to Storytellers
Terms applicable to all Stories
- When creating a Story through the AppyGuide Platform you must (i) provide complete and accurate information (such as story description, location, language in which the story is created, the audio, photographs (if possible), (ii) and provide any other pertinent information requested by AppyGuide. You are responsible for keeping your Story information correct and up-to-date at all times.
- Pictures, audios, animations or videos (collectively, "Images") used in your Stories must accurately correspond to the subject of your Story. AppyGuide reserves the right to require that Stories have a minimum number of Images of a certain format, size and resolution.
- The placement and ranking of Stories in search results on the AppyGuide Platform may vary and depend on a variety of factors, such as Traveller search parameters and preferences, Reviews and Ratings type of Story, date when a Story was published and/or other parameters.
- The number of Stories you can publish is unlimited, subject to AppyGuide's approval of you as a Storyteller. AppyGuide reserves the right to accept or reject any person who applied to become a Storyteller.
- To be considered for publishing on the AppyGuide Platform, Stories must at all times meet the quality standards of AppyGuide as described in sections “Help” on our Site and on the Storyteller's Dashboard. AppyGuide reserves the right to decide, in its sole discretion, if a) a Storyteller is approved and allowed to publish Stories on AppyGuide platform, and b) if a published Story will continue to be published on the AppyGuide Platform.
- You represent and warrant that any Story you publish will (i) not breach any copyright laws, (ii) not breach any agreements you have entered into with third parties (iii) comply will applicable laws, rules and regulations. As a Storyteller, you are responsible for your own acts and omissions.
- Payout Terms
14. Service Fees
AppyGuide charges a fee to Storytellers ("Service Fees") for the use of the AppyGuide Platform. More information about what Service Fees apply can be found in AppyGuide’s Payments Terms of Service or by contacting us at [email protected].
15. Terms specific for Travellers
- Travellers can purchase a Story available on the AppyGuide Platform by following the respective purchasing process. Applicable sales or VAT taxes (“Taxes”) will be presented to you prior to finalising your purchase. You agree to pay Taxes for any Story requested in connection with your AppyGuide Account.
- AppyGuide may use third parties for determining any applicable Taxes.
- Tax regulations may require us to collect appropriate tax information from Travellers.
- You should carefully review the description of a Story you intend to purchase and listen to the Story preview prior to making a purchase.
- You may not copy, share and distribute a purchased Story to any additional individuals.
16. Refund policy
Unless otherwise stated, all transactions are final and non-refundable once delivered. In the case of non-deliverability through no fault of your own, AppyGuide will refund or credit the amount of any payments received. This Section sets forth your sole and exclusive right to refund and return.
17. Ratings and Reviews
- Within a certain timeframe after purchasing and listening to a Story, Travellers will be prompted to submit an obligatory star rating (“Rating”) and leave an optional public review (“Review”) in regards to the purchased Story. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of AppyGuide. Ratings and Reviews are not verified by AppyGuide for accuracy and may be incorrect or misleading.
- Ratings and Reviews by Travellers must be fair, truthful and factual and may not contain any offensive or defamatory language.
- Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
18. Notification of illicit contents
AppyGuide has established a visible and easily accessible means of allowing anyone to notify it of dissemination via our Platform of the following content:
- Apology of crimes against humanity,
- Incitement to racial hatred,
- Child pornography,
- Incitement to violence,
- Offense to human dignity.
To this end, you may report such offensive Content on AppyGuide Platform suspected to be in violation by sending us a detailed email to [email protected], provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur liability to you. Your report must specify the date, your name, the details of the content in question, a description of the content in question, and the username of the person who uploaded it. Upon receipt by AppyGuide of notice of the aforementioned information, the content in question will be reviewed and may be removed from the Site. Additionally, appropriate authorities may be notified. The notification formalities as set forth below do not apply to the foregoing.
Content protected by intellectual property rights
If you believe our Platform contains Content that infringes upon your rights, please notify us immediately. We respect the intellectual property of others, and we ask that our users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, and you wish for the Content to be removed, please provide us with the following information (and any additional information as required by the applicable law):
- Date of the notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description or identification of the copyrighted work that you claim has been infringed;
- A description or identification of where the material that you claim is infringing is located on the Platform;
- Your contact information to permit us to contact you (i.e., address, telephone number, and e-mail address);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe the copyrighted work that you claim has been infringed is copyrighted under the laws of France, please also include the following information with your contact information:
- if the notifying person is an individual, please include: last name, first name, occupation, domicile, citizenship, date and place of birth;
- if the notifying person is a legal entity, please include: corporate form, corporate name, registered office and legal representative;
- Name and domicile of the recipient, or if the recipient is a legal entity, corporate name and registered office;
- A copy of the notice to the author or editor of the information or materials at stake by which you request them to be interrupted, removed or modified, or a reason justifying that you could not contact the author or the editor;
- Caution – Incomplete notification will be considered invalid!
- As a reminder, representing any material or activity as being illegal in order to obtain its removal or to stop its dissemination, while knowing that this representation is inaccurate, may be punishable under applicable laws including by imprisonment and/or monetary fines in some jurisdictions.
- Sign the notice; and send it by e-mail to [email protected]
Please note that we may reinstate Content if we receive a counter notification by the provider of the affected Content. If you are the Content provider, and you feel you must submit a counter notification regarding Content that has been removed from our Platform, you must submit, in writing, a counter notification that includes the following:
- Identify the specific page related to the Content that AppyGuide removed or disabled access to;
- Provide your name, address, telephone number, email address; also provide a statement that you consent to the jurisdiction of the Swiss courts;
- Include the statement: "I swear, under penalty of perjury, that I have a good faith belief that the Content identified was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the exact material identified by the complainant has been removed or disabled at the identified location and will be no longer shown";
- Sign the notice; and send it by e-mail to [email protected]
Please note that you will be liable for any damages (which include costs and attorney fees) if you materially represent that your Content and/or activity is not infringing the copyrights of others. If you are not sure if your Content and/or activity infringes the copyrights of others, we advise you to consult with an attorney.
19. Term and Termination, Suspension and other Measures
- This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or AppyGuide terminate the Agreement in accordance with this provision.
- You may terminate this Agreement at any time via the "Delete Account" feature on the AppyGuide Platform or by sending us an email. If you cancel your AppyGuide Account as a Storyteller, you will lose all access to Stories you created and will not be able to sell them through the AppyGuide platform or receive any outstanding amounts that AppyGuide may owe you. If you cancel your AppyGuide Account as a Traveller, you will lose access to all your purchases.
- Without limiting our rights specified below, AppyGuide may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
- AppyGuide may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms or any other AppyGuide policies or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) AppyGuide believes in good faith that such action is reasonably necessary to protect AppyGuide, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
- In addition, AppyGuide may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, our policies or standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the AppyGuide Account registration, Story creation process or thereafter, (iv) you and/or your Stories at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or AppyGuide otherwise becomes aware of or has received complaints about the quality of your Stories, (vi) AppyGuide believes in good faith that such action is reasonably necessary to protect AppyGuide, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Stories, Ratings, Reviews, or other Member Content;
- limit your access to or use of the AppyGuide Platform;
- temporarily or permanently unpublish your Stories;
- temporarily or permanently revoke any special status associated with your AppyGuide Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your AppyGuide Account.
- If we take any of the measures described above you will not be entitled to any outstanding compensation for stories that were temporarily or permanently removed.
- When this Agreement has been terminated, you are not entitled to a restoration of your AppyGuide Account or any of your Member Content. If your access to or use of the AppyGuide Platform has been limited or your AppyGuide Account has been suspended or this Agreement has been terminated by us, you may not register a new AppyGuide Account or access and use the AppyGuide Platform through an AppyGuide Account of another Member.
- Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
20. Warranty and disclaimers
We endeavour to provide the best service we can, but you understand and agree that the AppyGuide platform and Content is provided “as is” and “as available”, without express or implied warranty or condition of any kind on behalf of AppyGuide. You use the AppyGuide platform at your own risk. To the fullest extent permitted by applicable law, AppyGuide makes no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. AppyGuide does not warrant that the AppyGuide service is free of malware or other harmful components; the Content and all Services provided by AppyGuide may contain bugs, errors, problems or other limitations. In addition, AppyGuide makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the AppyGuide service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that AppyGuide is not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the AppyGuide service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. You agree that you have had whatever opportunity you deem necessary to investigate the AppyGuide services, laws, rules, or regulations that may be applicable to stories you publish and/or stories you purchase.
We and our affiliated parties have no liability whatsoever for your use of any content or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. This platform and the content displayed on or accessible through the platform would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site or Platform shall create any warranty, representation or guarantee not expressly stated in these Terms of Service. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall vom and its affiliated parties be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not AppyGuide is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
All responsibility or liability for any damages caused by viruses, trojans, or the like, which may be transmitted to or through the Platform or our services by any third party is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our Platform.
Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the AppyGuide is to uninstall any AppyGuide software and to stop using the AppyGuide Platform. While AppyGuide accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to AppyGuide, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.
To the fullest extent permitted by law, in no event will AppyGuide, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the AppyGuide Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you may communicate, interact or meet with as a result of your use of the AppyGuide Platform, or (iv) from your publishing or purchasing of a Story; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the AppyGuide service, third party applications, or third party application content, regardless of legal theory, without regard to whether AppyGuide has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the AppyGuide service, third party applications, or third party application content more than the amounts paid by you to AppyGuide during the prior twelve months in question, to the extent permissible by applicable law.
22. Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreement and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreement is not intended to grant rights to anyone except you and AppyGuide, and in no event shall the Agreement create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreement are not subject to the consent of any other person.
You agree to release, defend (at AppyGuide’s option), indemnify, and hold AppyGuide and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our policies or standards, (ii) your improper use of the AppyGuide Platform or any services offered by the Platform, (iii) your interaction with any Member, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, (iv) AppyGuide’s collection and remittance of VAT or other applicable sales taxes, or (v) your breach of any laws, regulations or third party rights.
24. Dispute Resolution and Arbitration Agreement
- Purpose. The term "Dispute" means any dispute, claim, or controversy between you and AppyGuide regarding AppyGuide Platform or your use of or access to the AppyGuide Platform, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with AppyGuide or any of AppyGuide's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, other than those matters listed in the Exclusions from Arbitration clause, you and AppyGuide agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
- Exclusions from Arbitration. You and AppyGuide agree that any claim filed by you or by AppyGuide in small claims court is not subject to the arbitration terms contained in this section.
- Right to opt out of binding arbitration and class action waiver within 30 days. If you do not wish to be bound by the binding arbitration and class action waiver in this section, you must notify AppyGuide in writing within 30 days of the date that you accept these Terms of Service unless a longer period is required by applicable law. Your notification must be emailed to [email protected], and must include: (1) your name, (2) your address, (3) your log-in name associated with the Platform, if you have one, and (4) a clear statement that you do not wish to resolve disputes with AppyGuide through arbitration.
- Notice of Dispute. If you have a dispute with AppyGuide, you must send a notice to AppyGuide at [email protected] to give AppyGuide the opportunity to resolve the dispute informally through negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If AppyGuide does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or AppyGuide may pursue your claim in arbitration pursuant to the terms in this section.
- Class Action Waiver. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and AppyGuide specifically agree to do so in writing following initiation of the arbitration. This provision is not applicable to the extent such waiver is prohibited by law.
- Arbitration Procedures. Any dispute, controversy or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force at the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be determined in accordance with such Rules. The arbitral proceedings shall be conducted in English. The place of arbitration shall be Geneva, Switzerland. The arbitration costs and parties’ fees shall be apportioned in accordance with the Swiss Rules.
- Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire section will be unenforceable, and the Dispute will be decided by a court and you and AppyGuide each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
- Continuation. This section shall survive any termination of these Terms of Service or the provision of the Platform or any services offered by AppyGuide to you.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the AppyGuide Platform (“Feedback“). You may submit Feedback by emailing us at [email protected] or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
26. Applicable Law and Jurisdiction
This Agreement and any non-contractual obligations arising out of or in relation to it shall be governed by and construed in accordance with Swiss law.
27. General Provisions
- No joint venture, partnership, employment, or agency relationship exists between you and AppyGuide as a result of this Agreement or your use of the AppyGuide Platform.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
- AppyGuide's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without AppyGuide's prior written consent. AppyGuide may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 calendar days prior notice. Your right to terminate this Agreement at any time remains unaffected.