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.
You acknowledge and agree that posting any Member Content that violates the above guidelines may result in immediate termination or suspension of your AppyGuide account. You also agree that AppyGuide may also reclaim your username for any reason.
- 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.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by AppyGuide and an opportunity to resolve the issue to AppyGuide’s reasonable satisfaction.
- 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.