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Terms and conditions of Guidea app

Welcome to Guidea app,

These Terms and Conditions and Terms of Use (collectively, the „Terms and Conditions“) outline the rules and regulations for the use of the Guidea app provided by the private limited company

These Terms and Conditions and Terms of Use (collectively, the “Terms and Conditions”) outline the rules and regulations for the use of the Guidea app provided by the private limited company Guidea s.r.o. ID No.: 17976677, with a registered office at Bubenská 704/51, Holešovice, 170 00 Prague 7, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Prague, File C No. 379572, please contact us at support@guidea.app.

By accessing Guidea mobile application (the „mobile application“ „mobile app“, „app“ „Guidea app“) we assume you accept these Terms and Conditions in full. Do not continue to use the Guidea app if you do not accept all of the Terms and Conditions stated on this page.

The Guidea app is available to any User (the „User“), subject to the acceptance of these Terms and Conditions.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity („you“) and Guidea s.r.o. („we“, „us“ or „our“), concerning your access to and use of the Guidea app (App).

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

The information provided on the Guidea app is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Guidea app from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

THE GUIDEA APP IS INTENDED FOR USERS WHO ARE AT LEAST 15 YEARS OLD. PERSONS UNDER THE AGE OF 15 ARE NOT PERMITTED TO USE OR REGISTER FOR THE GUIDEA APP.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children, if we receive actual knowledge that anyone under the age of 15 has provided Personal Information to us Guidea app and verifiable parental consent, we will delete that information from the Guidea app as quickly as is reasonably practical.

We care about data security. Please review our Privacy Policy and The Cookies notice.By using the Guidea app, you agree to be bound by our Privacy Policy and these Terms and Conditions.

This Agreement is effective as of the date User clicks to accept the Agreement.

Mandatory information before License Agreement

In order to remain in full compliance with all applicable national laws and regulations of the European Union, by this we provide You with all the mandatory information before entering into the Licence Agreement:

  • The main product characteristics – The Guidea app is the ultimate voice guide mobile application.
  • The total price inclusive of taxes and all charges

1) Ads

Ads are one of the two sources of monetization.

2) Premium account

When User pays for Premium subscription, ads are disabled. Premium Users pays 5.99€ or $5.99 recurring payment per month.

  • The price may be changed at any time. However, we will always notify you in advance and you have the right to withdraw from the contract.
  • Delivery costs and any other additional charges – No additional or delivery costs Fees.
  • Arrangements for payment, delivery or performance – The payment feature should be implemented as apple pay, google pay, or card pay.
  • The trader’s identity, address and telephone number – Guidea s.r.o., ID No 17976677, with a registered office at Bubenská 704/51, Holešovice, 170 00, Prague 7, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Prague, File C No. 379572, support@guidea.app.
  • The duration of the contract – You can cancel your account in settings in your store. Your cancellation is FREE.
  • The consumer cannot withdraw from the contract for the supply of digital content after the performance has begun.
  • Dispute resolution mechanisms – Supervisory Authorities. The authorities that supervise Our business activities and to whom You can address complaints are the Czech Trade Inspection Authority [Česká obchodní inspekce], the competent Trade Licensing Office [živnostenský úřad], the Office for Personal Data Protection [Úřad na ochranu osobních údajů], the Office for the Protection of Competition [Úřad pro ochranu hospodářské soutěže]. In the EU it is possible to address Your complaints to the European Consumer Centre Czech Republic (evropskyspotrebitel.cz/en/) and the Data Protection Officer of the European Commission.
  • Language of the License Agreement. The License Agreement is executed in the language English.
  • Technical Steps to enter into the License Agreement with Us / Data Correction. You are able to check, change and correct or delete any data You have entered to your account.
  • Code of Conduct. We always comply with all applicable laws and regulations of the Czech Republic and the European Union and Our internal principles of customer satisfaction and rules for personal data protection.

Technical terms of use of the app

  1. To use the App, the User must download the mobile application from Google Play or the App Store, depending on the operating system of their end device. The app can be downloaded on devices that have an Internet connection and that run on the Android or iOS operating system, especially mobile phones.
  2. Individual models of end devices have access to certain software versions. From a technical point of view, the appropriate software version may not be available for some types. If the relevant software version is not available for the given end device, the User cannot use the App. However, Guidea.app strives to provide software for as many device types as possible. Due to the ever-changing product offering on the terminal market, Guidea.app cannot provide an up-to-date list of terminal devices on which the App can be used.
  3. The use of some features of the mobile application may require access to certain resources of the user’s end device, such as the camera or location services. Denial of access to such resources may have the effect of limiting the functionality of the mobile application.
  4. We may publish and offer updates to the App. For the proper operation of the App, it is necessary to update it. We does not guarantee the proper functioning of the mobile application if the User has not downloaded and installed the update provided to him by the user on his end device. Guidea.app makes reasonable efforts to update the App, but makes no guarantees as to accuracy or error-free.
  5. Guidea.app accepts no responsibility for the functionality of the Internet or for harmful software (viruses, malware, etc.).
  6. The Guidea.app is obliged to take all steps within its technical capabilities to ensure the functionality and availability of the mobile application. However, we are not responsible for the availability of the mobile application.
  7. If the User discovers any problem related to the Guidea.app or its availability, he may notify us of this event in an appropriate manner without undue delay.

  1. Purpose and functions of the app

Guidea.app is a smart and user-friendly voice guide mobile application. It allows tourists and travelers to get quick access to interesting information about the places that surround them in the tourist area. The app uses users location information to present interesting places around with voice interpretation. Everyone is able to use the App freely (with Ads present), or pay for a premium account to remove ads and use premium features. Guidea platform can be used as a B2B standalone solution for municipalities and organizations to build their own guide application with their own unique content.

The login and registration process

  1. Registration is not a mandatory step. The login offers several ways to register. Facebook, Apple, Google.
  2. Standard login through email is another option. By clicking on the „register with an email address“ link, Users will be redirected to the (Register email) screen. After inserting the email address and choosing password (retype), the User needs to verify the address by the email button – the screen tells him to do so (​​Register email – verify).
  3. Users can choose to continue without registration.
  4. Login is made by clicking the desired method, or email address verification.
  5. When using third party buttons, the User is registered and logged in. When using email registration, the User needs to enter an email address and password to enter the app.
  6. User is able to return to the app in the most comfortable manner after the verification process on the 3rd party platform.
  7. Users can reset forgotten password in the email login screen (Login email). When a User forgets his login email, he needs to call for tech support.

Fees and Monetization

Ads

Ads are one of the two sources of monetization. The system should be able to implement various formats and providers as shown on (Ads main) and (Ads search). The ads locations can be changed in the future. When a User pays for Premium subscription, ads are disabled.

Premium

Premium Users pays 5.99€ or $5.99 recurring payment per month. When active, ads are disabled.

The payment feature should be implemented as apple pay, google pay, or card pay.

Termination and Cancellation

You agree to start the performance before the expiry of the period for withdrawal from the contract and I acknowledge that by giving consent, my right to withdraw expires.

You can cancel your account at any time. Your cancellation is FREE and you can do it in the Settings of App Distributor, Apple Store or Google Play.

If you are unsatisfied with our services, please email us at support@guidea.app.

We may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Guidea app at any time and for any reason.

  1. If you wish to terminate this agreement, you may immediately stop accessing or using the app at any time.
  2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Intellectual property rights

Unless otherwise indicated, the Guidea app is our proprietary property and source code, databases, functionality, software, Guidea app designs, audio, video, text, photographs, and graphics on the Guidea app (collectively, the „Content“) unless we have a license and the trademarks, service marks, and logos contained therein (the „Marks“) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Czech Republic, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Guidea app „AS IS“ for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Guidea app and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

​​The site uses the Google Maps API to visually display geographic information. When using Google Maps by Google LLC, located at 1600 Amphitheater Parkway, Mountain View, 94043 California, processes the data of Users of the Site about the use of Google Maps functionality. For more information on data processing by Google Inc. Users can view the protection policy privacy of Google Inc https://policies.google.com/privacy?hl=cs

Use license

If you access Guidea app, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms and Conditions of this mobile app license contained in these Terms and Conditions of. You may not transfer, redistribute, sublicense, copy (except as expressly permitted by hereunder and any applicable usage rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the mobile application, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law. Any attempt to do so is a violation of the rights of Launch and its licensors. If you breach the foregoing restrictions, you may be subject to prosecution and damages.

  1. Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an „App Distributor“) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple ios or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you 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; and (5) you must comply with applicable third-party terms of agreement when using the mobile application.

Prohibited activities

You may not access or use the Guidea app for any purpose other than that for which we make the Guidea app available. The Guidea app may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a User of the Guidea app You agree not to engage in any of the following activities:

1. Violating laws and rights:

You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Impersonation or unauthorized access:

You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;

You may not use or attempt to use another’s account or personal information without authorization; and

You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

User representations

  1. By using the Guidea app, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Guidea app through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Guidea app for any illegal or unauthorized purpose; and (7) your use of the Guidea app will not violate any applicable law or regulation.
  2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Guidea app (or any portion thereof).

Third-party

The Guidea app may contain ads and other content or items belonging to or originating from third parties („Third-Party Content“). Such Third-Party apps and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party apps accessed through the Guidea app or any Third-Party Content posted on, available through, or installed from the Guidea app, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Guidea apps or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party apps or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Guidea app and access the Third-Party apps or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any app to which you navigate from the Guidea app or relating to any applications you use or install from the Guidea app. Any purchases you make through Third-Party apps will be through other apps and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party apps and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party apps.

Our Rights

We reserve the right, but not the obligation, to:

  • Monitor the Guidea app for violations of these Terms and Conditions.
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such User to law enforcement authorities
  • In our sole discretion and without limitation, notice, or liability, to remove from the Guidea app or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
  • Otherwise manage the Guidea app in a manner designed to protect our rights and property and to facilitate the proper functioning of the Guidea app.

Modifications a interruptions

  1. We reserve the right to change, modify, or remove the contents of the Guidea app at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Guidea app. We also reserve the right to modify or discontinue all or part of the Guidea app without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Guidea app.
  2. We cannot guarantee the Guidea app will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Guidea app, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Guidea app at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Guidea app during any downtime or discontinuance of the Guidea app. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Guidea app or to supply any corrections, updates, or releases in connection therewith.
  3. There may be information on the Guidea app that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Guidea app at any time, without prior notice, but previously it would be because:
  • adding features, functions,
  • improvements to existing functions,
  • changing algorithms,
  • content removal,
  • fulfillment of contractual obligations towards other suppliers in the chain,
  • compliance with legal requirements.

Out-of-court dispute resolution

  1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes from the purchase contract.
  2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz/is the contact point of Regulation (EU) No 524/2013 of the European Parliament and of the Council on 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Dispute Resolution Regulation).
  3. Online dispute resolution. More info:

https://europa.eu/youreurope/citizens/consumers/consumers-dispute-resolution/out-of-court-procedures/index_en.htm

 

Disclaimer

To the fullest extent permitted by applicable law, Guidea app offers the services (including all content available on or through the services) as-is and makes no representations or warranties of any kind concerning the services, express, implied, statutory, or otherwise, including without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Guidea app does not warrant that the functions of the services will be uninterrupted or error-free, that content made available on or through the services will be error-free, that defects will be corrected, or that any servers used are free of viruses or other harmful components. Does not warrant or make any representation regarding use of the content available through the services in terms of accuracy, reliability, or otherwise.

Limitations of liability

  1. In no event will we or our directors, employees, IT suppliers or agents be liable to you or any third party for any direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the services (or the termination thereof for any reason).
  2. To the fullest extent permitted by applicable law, is not responsible or liable whatsoever in any manner for any content posted on or available through the services (including claims of infringement relating to that content), for your use of the services, or for the conduct of third parties on or through the services.
  3. Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
  4. To the extent authorized by law, you agree to indemnify and hold harmless Guidea app, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms and Conditions, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.

Final Provisions

  1. Visiting the Guidea app, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Guidea app, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Guidea app.
  2. These Terms and Conditions and your use of the Guidea app are governed by and construed in accordance with the laws of the Czech Republic.
  3. These Terms and Conditions and any policies or operating rules posted by us on the Guidea app or in respect to the Guidea app constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Guidea app. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
  4. In order to resolve a complaint regarding the app or to receive further information regarding use of the Guidea app, please contact us at: support@guidea.app.

Guidea s.r.o.