Last Updated: May 15, 2023
Terms of Service
1. IntroductionAppyGuide SARL, a Swiss limited liability company, (“AppyGuide”, “we”, “us”, “our”) provides its services (described below) to you through its website located at www.appyguide.com (the “Site”) and through related services (collectively, including any new features, updates, applications, referred to herein as the “Service(s)" ), which offer on-demand bite-sized audio stories about art, history, and culture. These audio guides provide an immersive experience that enhances your exploration of various cultural landmarks, museums, and historical sites. By using our Services, you agree to the following Terms of Service (the "Terms of Service").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF OUR SERVICES, WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
2. Safe Exploring
While using our Services, your safety should always be your first priority. Although our audio guides are designed to enhance your exploration experience, you should always be aware of your surroundings. Please do not use the Services in a manner that might distract you from real-world situations or cause you to disregard safety precautions. You are solely responsible for your actions and we cannot be held liable for any accidents, injuries or damages incurred while using our Services. Always stay alert and aware of your surroundings, and comply with all local laws and regulations.
3. Modifications to Terms of Service
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and indicate at the top of this page the date these terms were last revised. We may also notify you directly either through email or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except as otherwise stated. Your continued use of the Services after the date any such change become effective constitutes your acceptance of the new Terms of Service.
IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MAY CANCEL YOUR ACCOUNT OR REFRAIN FROM USING THE APPYGUIDE SERVICES
5. License and Access
Subject to your compliance with these Terms of Service, and your payment of any applicable fees, AppyGuide or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by AppyGuide or its licensors, suppliers, publishers, rightsholders, or other content providers. No AppyGuide Services, nor any part of any AppyGuide Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AppyGuide. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by AppyGuide terminate if you do not comply with these Terms of Service.We reserve the right, in our sole discretion, and with or without notice unless required by applicable law, to refuse service; remove or edit content; modify, suspend or discontinue the availability of any features, products, or services; terminate your right to use some or all of the Services; and/or cancel orders. AppyGuide may choose to charge, modify, or stop charging a fee for any Service in its sole discretion. You may terminate the agreement by giving us notice of termination and closing your account. All termination notices should be sent to [email protected] with the subject matter: “Notice of Termination”, specifying the username, account number if available and date of termination.
6. Your Registration Obligations
You may be required to register with AppyGuide in order to access and use certain features of the Service. By choosing to register for the Service, you represent and warrant that:
(a) you are 18 years of age or older; if you are under 18 years of age, you are not authorized to use our Service, with or without registering;
(b) you have all requisite right, power and authority to enter into, perform its obligations under, and grant the rights and authorizations in this agreement.
7. Member Account, Password and Security
You should maintain control over all of the devices that are used to access the Services. If you fail to maintain control of a device, other users may access the Services through your account and may be able to access certain of your account information.
You are solely responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. It is important to keep your password secure and to prevent unauthorized access to your account.
To enhance the security of your account, we recommend that you:
(a) Use a strong and unique password that consists of a combination of letters, numbers, and special characters.
(b) Regularly update your password and avoid using easily guessable information such as personal names, birth dates, or sequential numbers.
(c) Take precautions to ensure the security of the devices used to access the Services, such as keeping them updated with the latest security patches and avoiding the use of public or unsecured networks when accessing your account.
You agree to:
(a) Immediately notify AppyGuide of any unauthorized use of your password or account or any other breach of security.
(b) Ensure that you log out of your account at the end of each session when accessing the Services.
AppyGuide shall not be liable for any loss or damage arising from your failure to comply with these security measures or the unauthorized use of your account.
8. Disclaimer and Limitation of Liability
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services and the content and materials provided through our Site.
UNLESS OTHERWISE SPECIFIED IN WRITING, ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES MADE AVAILABLE TO YOU BY APPYGUIDE ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND APPYGUIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE SPECIFIED IN WRITING, APPYGUIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS IT SELLS AND THE SERVICES AND INFORMATION IT PROVIDES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL APPYGUIDE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS OR USE OF ANY SERVICES, EVEN IF APPYGUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, APPYGUIDE'S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT GIVES RISE TO THE LIABILITY.
9. General Practices Regarding Use and Storage
You acknowledge that AppyGuide may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on AppyGuide’s servers on your behalf. You agree that AppyGuide has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that AppyGuide reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that AppyGuide reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. Mobile Services
To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
11. No Refunds
Payments are non-refundable and there are no refunds or credits.
12. User Conduct
When using the Services, you agree to the following:
(a) You will not interfere with or disrupt the Services, servers, or networks connected to the Service. You must comply with all requirements, procedures, policies, and regulations of networks connected to the Service.
(b) You will not violate any applicable local, national, or international laws or regulations, or any regulations having the force of law.
(c) You will not engage in any activity that infringes upon the rights of others, including but not limited to intellectual property rights.
(d) You will not transmit or post any content that is unlawful, offensive, defamatory, harassing, harmful, or otherwise objectionable.
(e) You will not engage in any unauthorized access, tampering, or use of the Services, or attempt to probe, scan, or test the vulnerability of any system or network related to the Services.
(f) You will not transmit any viruses, worms, malware, or other harmful or disruptive code.
(g) You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
We reserve the right, at our sole discretion and without prior notice, to investigate and take appropriate legal action against any user who violates these conduct guidelines, including but not limited to suspending or terminating their access to the Services. Additionally, we may cooperate with law enforcement authorities in prosecuting users who engage in illegal activities or violate these Terms of Service.
13. FeesTo the extent the Services or any portion thereof is made available for any fee, you may be asked to supply certain information including credit card or other payment information to a third party payment processer identified by AppyGuide, such as Stripe: https://stripe.com . You agree that all information that you provide will be accurate, complete, and current. You agree to be subject to the third party payment processor’s terms and conditions. If you dispute any charges you must let the third party payment processor used for your purchase know and follow their dispute process (ex. Stripes dispute procedure can be found here: https://stripe.com/docs/disputes ) as it may be amended from time to time and notify AppyGuide within thirty (30) calendar days after the date of your purchase.
AppyGuide may change the price of its Services from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes.
Payments are nonrefundable and there are no refunds or credits for partially used periods. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the Service through the end of your current subscription period. At any time, and for any reason, we may choose to provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If you purchase any Service through a third-party marketplace, the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by AppyGuide. Except as otherwise explicitly stated by AppyGuide, the third-party marketplace will be solely responsible for making refunds under its refund policy, and AppyGuide will have no refund obligations. AppyGuide disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.If you registered on our website, you can delete your account by contacting AppyGuide at [email protected] with the subject matter: “Notice of Termination”, specifying the username, account number if available and date of termination.
14. Intellectual Property Rights
(a) Service Content, Software and Trademarks:You acknowledge and agree that the Service may contain content or features (“ Service Content ”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by AppyGuide, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by AppyGuide from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of AppyGuide, our affiliates and our partners (the “ Software ”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by AppyGuide.The AppyGuide name and logos are trademarks and service marks of AppyGuide (collectively the “ AppyGuide Trademarks ”). Other AppyGuide product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to AppyGuide.
(b) Third Party Material:
Under no circumstances will AppyGuide be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that AppyGuide does not pre-screen content, but that AppyGuide and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, AppyGuide and its designees will have the right to remove any content that violates these Terms of Service or is deemed by AppyGuide, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
(c) Copyright Complaints:
AppyGuide respects the intellectual property of others. If you believe in good faith that any materials on the Sites or Services infringe upon your copyrights, please send the following information to [email protected] with the subject line "Copyright Complaint":
- A description of the copyrighted work that you claim has been infringed. Sufficient information to identify the material that is claimed to be infringing, including its location on the Services.
- Your contact information, including your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Upon receipt of a valid copyright infringement notice, AppyGuide will promptly investigate the alleged infringement and take appropriate action in accordance with applicable laws, including removing or disabling access to the infringing material.
Repeated infringement of copyrights may result in the termination of user accounts and the removal of infringing content from the Service.
15. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. AppyGuide has no control over such sites and resources and AppyGuide is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that AppyGuide will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any third party site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that AppyGuide is not liable for any loss or claim that you may have against any such third party.
16. IndemnificationYou will defend, indemnify, and hold harmless AppyGuide and its affiliates, and their respective directors, officers, employees, representatives, contractors, and agents, from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys' fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a "Claim" ) to the extent such Claim is based on: (a) any breach of this agreement, (b) any unlawful, improper or negligent use by anyone of any product sold or service provided to you under the agreement, (c) any dispute between you and other users, or (d) your gross negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
17. Applicable Law and Venue
This agreement shall be governed by Swiss laws without application of its conflict of laws principles. Any lawsuit relating to this agreement shall be instituted in the canton of Vaud, and you irrevocably consent and waive all objections to the jurisdiction of any such courts.
These Terms of Service constitute the entire agreement between you and AppyGuide and govern your use of the Service, superseding any prior agreements between you and AppyGuide with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service and any non-contractual obligations arising out of or in relation to them shall be governed by and construed in accordance with Swiss law. The failure of AppyGuide to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. FeedbackPlease contact us at AppyGuide Sarl, Chemin Fin d’Enhaut 10, 1269 Bassins, Switzerland or [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service. The subject line of your email must state “Terms of Service Feedback” and the content of your email must indicate your username, account number and date of account opening when available.