GUIDL TERMS OF SERVICE
The agreements and procedures listed below were last updated on 18 April 2024
ON THIS PAGE
- The guidl Platform Terms and Conditions of Use
- The guidl Content Policy
- The guidl Viewer Purchase Terms and Conditions
- The guidl Creator Pricing and Revenue Distribution Policy
- Defamatory Content Reporting Procedure
- Copyright Infringement Reporting Procedure
- Illegal Content Reporting Procedure
ON A SEPARATE PAGE
- Privacy and Cookies Policies
THE GUIDL PLATFORM TERMS AND CONDITIONS OF USE
THE GUIDL PLATFORM
Guidl Ltd makes the digital platform that allows people to create, host and enjoy geo-located audio and photographic guided experiences available to both creators and viewers of content subject to these terms and conditions of use through guidl’s website www.guidl.tours and its applications for desktop and mobile devices (collectively, the “guidl platform”). If you use the guidl platform, you accept these terms and conditions of use, so please read them carefully. In addition to these terms and conditions of use, you will also be subject to any other terms and conditions, policies, guidelines and agreements posted on, or otherwise made available to you, through the guidl platform, that may apply to your use of the guidl platform (together, the “Terms”).
In these guidl platform terms and conditions of use, “guidl” “us” “we” means Guidl Ltd, a company registered in England and Wales under registration number 14841096. To contact us, please email hello@guidl.tours.
“Content” means geo-located audio and photographic guided experiences hosted on the guidl platform, consisting of individual “guidls” and “guidl tours”. “guidls” are short (up to 10 minute) experiences at one location. Guidl tours are longer (we suggest anything from 30 – 60 minutes), paid-for, curated collections of guidls that take viewers across multiple locations.
“Creator” means any person, firm or company that creates Content. “Viewer” means an individual who views and/or downloads Content. A “User” means a person who is a Creator or a Viewer, or both.
PRIVACY
Guidl will process personal information provided by Users or received by guidl from third parties in relation to Users in accordance with its Privacy and Cookies Policies. Please review guidl’s Privacy and Cookies Policies to understand guidl’s practices and Users’ choices in relation to how personal information is handled.
ACCOUNT CREATION AND OPERATION
Users will only be able to upload Content or view Content using a guidl account. Creating an account forms a contract between the User and guidl which incorporates these guidl platform terms and conditions of use and any other applicable Terms and may be terminated by either guidl or the User at any time by closing the account and payment of any undisputed amounts due.
Individuals must be aged 18 or over to create an account. Once created the User is solely responsible for ensuring the security and privacy of the account, including passwords, payment card information and any other information attached to that account and the User agrees to accept responsibility for all activities that occur under that account. Users must keep personal information provided through the account up to date and accurate. Guidl may offer Content for children, but it only offers Content for children to adults with an account, who can purchase with a credit card or other permitted payment method (and for the avoidance of doubt, no data relating to children will be collected by guidl).
User names and passwords are for the use only of the individual who created the account. If guidl believes that account credentials have been shared or compromised it may close the account. Guidl may also close the account if it believes the account has been used for any purpose that violates these guidl platform terms and conditions of use or any other applicable Terms, or is otherwise illegal or objectionable.
Guidl reserves the right to refuse service, terminate accounts, or remove or edit Content or any other content in its sole discretion for any reason.
TERMS APPLICABLE TO CREATORS
The following terms and conditions of use apply to Creators.
A Creator must be aged 18 or over to post Content.
Guidl is the hosting platform and provider of hosting services for Content. We are responsible for complying with our statutory obligations regarding Content and online safety (which includes under the Online Safety Act 2023 and equivalent legislation in other jurisdictions) but Content quality is otherwise the responsibility of the Creator that uploads it (and Creators are directed to the Consumer Rights Act 2015 and the quality standards set out therein in this regard).
Content must comply with guidl’s Content Policy. Guidl may update its Content Policy from time to time and it is the responsibility of the Creator to review it regularly.
Content that does not comply with the above requirements will not be accepted for the guidl platform, or, if posted, will be removed. Guidl will close the accounts of Creators who post, or attempt to post, Content that does not comply.
Guidl will provide access to Content uploaded by Creators to Viewers through the guidl platform. Guidl will charge Viewers and will take payment from Viewers for access to Content where applicable and will distribute revenue to Creators in accordance with guidl’s Creator Pricing and Revenue Distribution Policy.
Every guidl or guidl tour uploaded to the guidl platform will incorporate a free listening element to allow the Viewer to preview the Content before they purchase it, and as a means of self-promotion for the Creator on the guidl platform.
Guidl may offset any amounts due from the Creator to guidl against any revenues payable to the Creator. Without limiting guidl’s other rights, guidl may offset or otherwise recover from the Creator any amounts refunded to a purchaser of digital content provided by that Creator where the content is found to be not of satisfactory quality, fit for purpose or as described, or any amounts paid by guidl to a Viewer as a result of damage caused to a computer or other device because of the inclusion in any Content by the Creator of any virus, Trojan, worm, logic bomb or other material which is malicious or technologically harmful.
Creators agree to comply with the Data Protection Act 2018 and all other applicable regulation and legislation from time to time in effect relating to the use of any personal information received by the Creator which relates to any Viewer or any other Creator.
In uploading Content, each Creator grants to guidl a non-exclusive, transferable, sublicensable, worldwide licence to host, use, distribute, modify (for promotional purposes), run, copy, publicly display, and translate the Content for the period while the Content is available on the guidl platform and agrees to indemnify and hold harmless guidl from and against any claims from third parties that the Content infringes the intellectual property rights or other right or license of that third party or is defamatory. This indemnity will survive the removal of the Content from the guidl platform and/or the termination of the contract between the Creator and guidl. For the avoidance of doubt, the Creator will retain ownership of the intellectual property rights in the Content they upload.
TERMS APPLICABLE TO VIEWERS
The following terms and conditions apply to Viewers when they access Content
Guidl is the hosting platform and provider of hosting services for Content. We are responsible for complying with our statutory obligations regarding Content and online safety (which includes under the Online Safety Act 2023 and equivalent legislation in other jurisdictions) but Content quality is otherwise the responsibility of the Creator that uploads it and guidl does not provide any assurances as regards the quality of the Content a Creator uploads.
Viewers may access and download Content for the personal and non-commercial use of one individual only. Viewers may not access or download paid-for Content or attempt to do so without making the required payment to guidl in accordance with the guidl Viewer Purchase Terms and Conditions.
Viewers may not redistribute or share downloaded Content without the express written permission of the Creator. The licence granted to Viewers to download and view Content is a limited, revocable, non-exclusive, non-transferable licence to download such Content onto one or more personal devices belonging to the Viewer or a member of their household (in the case of children) and to view such Content on such a device or devices. This license does not include the right to create derivative works. If the Viewer sells any device on which any element of the guidl platform is installed, the Viewer must remove that element of the guidl platform from it.
It is the Viewer’s responsibility not to lose, destroy or damage Content once downloaded. Purchased Content will generally remain available for the Viewer to access from the guidl platform. However, and though it is unlikely, Content may be removed from the guidl platform at any time (for example, because the Creator removes it or the Creator’s account is suspended or terminated for any reason) and may become unavailable for further download or access and guidl will not be liable to the Viewer if this is the case.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Guidl may permit Users to post reviews, comments, photos and other content, and submit suggestions, ideas, comments, questions or other information. Any content of this nature posted by a User to the guidl platform by whatever means must comply with guidl’s Content Policy. This will be updated from time to time by guidl and it is the User’s responsibility to review it prior to posting. Reviews and other content that do not comply will not be accepted onto the guidl platform, or, if posted, will be removed. If a User sees content that does not comply with the Content Policy, please report this by emailing hello@guidl.tours.
If a User does post content or submit any material to guidl, and unless we indicate otherwise, the User grants guidl a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. The User grants guidl and its sublicensees the right to use the name that the User submits in connection with such content, if they choose. The User represents and warrants that they own or otherwise control all of the rights in the content they post or submit; that the content is accurate; that use of the content does not violate these guidl platform terms and conditions of use or any other applicable Terms and will not cause injury to any person or entity; and that the User will indemnify guidl for all claims resulting from content the User supplies. Guidl reserves the right to monitor and edit or remove any activity or content, and takes no responsibility and assumes no liability for any content posted by the User or any third party.
RIGHTS IN THE GUIDL PLATFORM, LICENCE AND ACCESS
Guidl or guidl’s licensors own all intellectual property rights in and to the guidl platform, including in relation to copyright and trademark law.
Guidl grants each User a non-exclusive, non-transferable limited licence to use the intellectual property rights in the guidl platform only for the purpose of using the guidl platform in accordance with these guidl platform terms and conditions of use and any other applicable Terms. All rights not expressly granted to the User in these guidl platform terms and conditions of use or any applicable Terms are reserved to and retained by guidl or its licensors, suppliers, or other rightsholders.
Users may not, except as and to the extent expressly permitted by these guidl platform terms and conditions of use, reproduce, copy, edit, transmit, upload or incorporate into any other materials, any information, articles, photographs, images or code accessible to the User through the guidl platform; reverse engineer any part of the guidl platform or attempt to do so; remove, modify, alter or use any registered or unregistered mark, logos, or design owned by guidl or guidl’s licensors; and/or do anything which takes unfair advantage of, or that may damage, the reputation and goodwill of guidl or that infringes any of the rights in the intellectual property owned by and/or licensed to guidl.
Users are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of www.guidl.tours so long as the link does not portray guidl in a false, misleading, derogatory or otherwise offensive manner. No guidl logo or other proprietary graphic or trademark may be used as part of the link without express written permission.
Users may not in using the guidl platform or their accounts impersonate another person; infringe the rights of any third party; introduce into or onto the guidl platforms any virus, Trojan, worm, logic bomb or other material which is malicious or technologically harmful; attempt to gain unauthorised access to any server, computer or database connected to the guidl platform; attack the guidl platform via a denial-of service attack or a distributed denial-of-service attack; launch any automated system that accesses the guidl platform in a manner that sends more request messages to guidl’s servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser; or use the guidl platform in any manner or for any purpose that is, or may be considered, offensive, illegal or inappropriate.
Guidl reserves the right to disclose a User’s identity to any third party who is claiming that any content made available on the guidl platform constitutes a violation of their intellectual property rights, is defamatory and/or constitutes a violation of their right to privacy.
GUIDL PLATFORM PROMOTIONAL CONTENT OFFERING AND/OR REMOVAL
Guidl may from time to time make promotional content available to Users (which may be Content and/or related content types) through the guidl platform for which a purchase is not required. Users will have access to this content for so long as guidl makes it available generally, or where it is provided as part of any membership plan in place from time to time, so long as the User remains an active member of such plan. Guidl reserves the right to remove this content from a User’s account, devices and applications or otherwise restrict a User’s ability to access it at guidl’s sole discretion.
GUIDL PLATFORM SUSPENSION, MODIFICATION AND/OR TERMINATION
Guidl may, from time to time at guidl’s discretion, suspend the guidl platform in whole or in part for any reason including but not limited to repairs, planned or emergency maintenance or upgrades. Guidl will use reasonable efforts to provide notice to Users on the guidl platform of any planned outages and to keep such outages to a minimum.
Guidl may update or change the guidl platform from time to time for any reason, including but not limited to changes to our business model and priorities and in response to Users’ needs, and guidl reserves the right to modify the guidl platform or to discontinue the guidl platform or a User’s use of the guidl platform, in whole or in part (including in respect of any Content on the guidl platform), at any time with or without notice and without liability to the User. In the event that we exercise such a right, the User may be entitled to a full or partial refund, in our sole discretion, with respect to any purchase made by or payment due to a User.
For the avoidance of doubt, a User’s right to use the guidl platform will terminate if they violate these guidl platform terms and conditions of use or any other applicable Terms, although if what a User has done can be put right we will give the User a reasonable opportunity to do so. In the event a User's right to use the guidl platform is terminated, the User must stop all activities related to or associated with the guidl platform; delete the guidl platform from all devices and confirm to us this has been done. In such a case, guidl will not reimburse the User any fees already paid.
OTHER BUSINESSES
Guidl may from time to time offer content from parties other than guidl and may permit parties other than guidl to provide services, sell products or advertise through the guidl platform. This could include providing links through the guidl platform to the websites of other businesses and third parties. Where this is the case, guidl does not warrant the offerings of any of these businesses or third parties, the content obtained from them or the content of their websites. As such, guidl does not assume any responsibility or liability for the actions, product and/or content of any other businesses or third parties. Users should carefully review their terms and conditions and privacy policies separately.
SOFTWARE
The guidl platform operates on the current operating system of a User’s device minus 1.
Users of the guidl platform should be aware that the guidl platform uses software that may be owned and controlled by third parties (such as Apple or Google for accessing guidl’s mobile application through the Apple App Store and Google Play Store). Additional third-party terms contained within or distributed with certain software that are specifically identified in related documentation may apply to that software and will govern the use of such software in the event of a conflict with these guidl platform terms and conditions of use and any other applicable Terms.
In the course of providing the guidl platform, guidl and/or other third parties may carry out automatic or manual updates or upgrades to the software used to provide the guidl platform at any time and without notice to the User. Alternatively, guidl may ask the User to update all or any part of the guidl platform. If the User chooses not to install such updates, or opts out of automatic updates, the User may not be able to continue to use the whole or part of the guidl platform.
LIMITATIONS ON GUIDL’S LIABILITY
Guidl relies on third-party providers (such as network providers, data centres, mobile app platform providers and telecommunication providers) to make the guidl platform available and does not warrant that the guidl platform will be always uninterrupted or fault-free.
To the extent permitted by law, guidl gives no guarantees or warranties as to the content displayed on or downloaded from the guidl platform and accepts no liability for the content of linked websites.
Nothing in these guidl platform terms and conditions of use is intended to limit in any way guidl’s liability for death or personal injury caused by its negligence; for fraud or fraudulent misrepresentation; or for any other matter for which it would be illegal for guidl to exclude, limit or attempt to exclude or limit, guidl’s liability.
Guidl will not be liable to any User for any indirect loss or damage, however incurred and whether foreseeable or unforeseeable, arising under or in connection with the User’s use of the guidl platform. This includes (without limitation) loss of profits, revenue, contracts, business interruption, loss of anticipated savings, data or information, loss of business opportunity, goodwill, reputation or wasted expenditure, or any other indirect or consequential loss or damage. Guidl's liability for any other losses a User suffers as a result of guidl breaching these guidl platform terms and conditions of use (by which we mean direct losses that were reasonably foreseeable to both us and the User when the User commenced use of the guidl platform) shall be limited to (as applicable): (1) the amount paid or payable to guidl by a Viewer in the 4 months before the breach; (2) the amount paid or payable by guidl to a Creator in the 4 months before the breach; or (3) the greater of £500 or 100% of the fees that a User paid to use the guidl platform in the 4 months before the breach.
For the avoidance of doubt, if any part of the guidl platform that guidl makes available to a User who is a consumer is defective and damages a device or other digital content belonging to the User, guidl will either repair the damage or pay the User compensation. However, guidl will not be liable for damage that could have been avoided if the User had properly applied updates introduced or followed installation instructions provided.
MODIFICATION, TRANSFER, ENFORCEABILITY AND SEVERABILITY
Guidl reserves the right to make changes to these guidl platform terms and conditions of use and any Terms at any time. Every time a User wishes to use the guidl platform, the User should check the guidl platform terms and conditions of use and other Terms to ensure they understand the terms that apply at that time. Continued use of the guidl platform following any changes will indicate acceptance of such changes. If a User does not agree to a change, they must immediately stop using the guidl platform. Guidl will endeavour to give reasonable notice of any major changes. In some cases, guidl will notify the User in advance, and the User's continued use of that element of the guidl platform after the changes have been made will constitute their acceptance of the changes. If a User does not accept the notified changes they will not be permitted to use that element of the guidl platform.
guidl may transfer its rights and obligations under these guidl platform terms and conditions and other Terms to another organisation. If this happens guidl will notify Users in writing and will ensure such transfer does not affect their rights under these terms and conditions and any applicable Terms. A User may not assign their rights and obligations under these guidl platform terms and conditions and any other applicable Terms without guidl's prior written consent.
If any of these guidl platform terms and conditions of use or any Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If guidl fails at any time to insist upon strict performance of a User’s obligations or fails to exercise any of the rights or remedies to which it is entitled under these guidl platform terms and conditions of use and any other applicable Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the User from compliance with such obligations.
COPYRIGHT, DEFAMATION, ILLEGAL CONTENT AND OTHER COMPLAINTS
Guidl takes the offences of copyright infringement and defamation very seriously. If a User believes their work has been copied in any way that constitutes copyright infringement, please notify guidl immediately following guidl’s Copyright Infringement Reporting Procedure. If a User believes any material uploaded on or posted to the guidl platform contains a defamatory statement, please notify guidl immediately following guidl’s Defamatory Content Reporting Procedure. If a User believes any material uploaded or posted to the guidl platform is illegal content, please notify guidl immediately following guidl’s Illegal Content Reporting Procedure.
If a User wishes to otherwise complain about Content and any other content uploaded, posted, submitted, published, displayed or otherwise made available through the guidl platform, please contact guidl immediately using hello@guidl.tours.
INTERPRETATION, APPLICABLE LAW AND DISPUTES
In interpreting these guidl platform terms and conditions of use and any other applicable Terms, reference to legislation shall include any secondary or superseding legislation or regulation.
These guidl platform terms and conditions of use and any other applicable Terms shall be interpreted in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
THE GUIDL CONTENT POLICY
WHO THIS POLICY APPLIES TO
In this Policy “guidl” “we” “us” refers to Guidl Ltd, a company registered in England and Wales under registration number 14841096. “You” refers to a “User” of the “guidl platform”, which could be a person who is a “Creator” or a “Viewer” of “Content” on the guidl platform, or both (all terms as defined in the guidl platform terms and conditions of use).
GUIDL CONTENT STANDARDS
We want the guidl platform to always be a place to share, express, entertain, fascinate, and inspire. The culture of guidl depends on the thoughts, feelings and behaviours expressed by Users and so we ask that you help us maintain this culture.
We want guidl platform content (which includes Content and other content types) to reflect the diversity of Users and for Creators to feel unrestricted and free to express themselves. That said, all guidl platform content must be safe and legal and meet the standards set out below.
To enable the guidl platform to operate effectively, we require that:
1. You only upload content that you have the right to share
a. You must own or have the right to publish all content you upload to the guidl platform. This means either that you are the original author or creator of the content or that you have the written permission of the copyright owner to make it available on the guidl platform.
2. Content must be accurate and not misleading
a. Viewers will expect that content accessed on guidl is as described and is truthful and accurate. Content on guidl may contain creator opinion or commentary, and this should be represented as such, and not as fact.
3. Content must be appropriate and considerate of other users
a. Users on guidl will have diverse backgrounds, views and personal histories. This may result in them reacting in different ways to uploaded content. Creators must be considerate and warn users prior to purchase of content that may be upsetting, offensive or distressing. Where content is not suitable for a certain group (for example, children) it must be clearly marked as such.
4. Content must be legal
a. Guidl has a zero-tolerance approach to illegal content. guidl is not a platform to support crime, terrorism or hate groups. Guidl is not a platform for the planning or enacting of illegal activity or for posting pornographic or other offensive content.
5. Do not upload content that might lead others to harm
a. This includes content that includes credible threats, hate speech, libellous or slanderous content, content that shames or degrades others, personal information for harassment or blackmail or content glorifying self-harm, self-injury or suicide.
6. Do not upload hateful content
a. Content uploaded to guidl must not attack anyone based on their race, ethnicity, national origin, sex, gender identity, sexual orientation, religious affiliation, disabilities, diseases, or socio-economic status. Where a Creator considers such content appropriate in order to educate, raise awareness and challenge, this intent must be stated clearly and Viewers warned prior to purchase.
For the avoidance of doubt, guidl is the provider of the hosting services for Content only and Creators are responsible for quality of Content as regards the Consumer Rights Act 2015.
As a reminder, if a User wishes to complain about Content and any other content uploaded, posted, submitted, published, displayed or otherwise made available through the guidl platform (including Users who may wish to challenge a decision made by guidl to remove their Content or any other content uploaded, posted, submitted, published, displayed or otherwise made available through the guidl platform), please contact guidl immediately using hello@guidl.tours. For complaints regarding illegal content, defamatory content and copyrighted material specifically, please see the sections ILLEGAL CONTENT REPORTING PROCEDURE, DEFAMATORY CONTENT REPORTING PROCEDURE AND COPYRIGHT INFRINGEMENT REPORTING PROCEDURE set out below.
Users will have the right to bring a claim for breach of contract if guidl removes or restricts access to their Content in breach of these guidl platform terms and conditions of use or any other Terms or bans or suspends them from using the guidl platform in breach of these guidl platform terms and conditions of use or any other Terms.
DEFAMATORY CONTENT REPORTING PROCEDURE
If you believe that any content on the guidl platform is defamatory of you in nature, please notify us immediately by sending an email to hello@guidl.tours and including the information set out below.
• Your name
• The content concerned and an explanation of why it is defamatory of you
• Where on the guidl platform the content is located
• Your email address
• The meaning which you attribute to the content referred to in the notice
• The aspects of the content which you believe are factually inaccurate, or opinions not supported by fact
• Confirmation that you do not have sufficient information about the poster of the Content to bring proceedings against that person
• Confirmation that you consent to guidl providing the poster with your name and email address
ILLEGAL CONTENT REPORTING PROCEDURE
If you believe that any content on the guidl platform is illegal, please notify us immediately by sending an email to hello@guidl.tours and including the information set out below.
• Your name
• The content concerned and an explanation of why you think it is illegal
• Where on the guidl platform the content is located (including e.g. exact URL's)
• Your email address
• Confirmation from you that it is your bona fide belief that the information and allegations in your submission are accurate and complete
COPYRIGHT INFRINGEMENT REPORTING PROCEDURE
If you believe that any content on the guidl platform infringes your copyright, please notify us immediately by sending an email to hello@guidl.tours and including the information set out below.
• Your name
• The content concerned and an explanation of why you believe it infringes your copyright
• Where on the guidl platform the content is located
• Your email address
THE GUIDL VIEWER PURCHASE TERMS AND CONDITIONS
WHO THESE TERMS AND CONDITIONS APPLY TO
In these terms and conditions “guidl” “we” “us” refers to Guidl Ltd, a company registered in England and Wales under registration number 14841096. “You” refers to a “Viewer” of “Content” on the “guidl platform” (all these and other defined terms used in these terms and conditions are as defined in the guidl platform terms and conditions of use). If there is any conflict between the terms of these terms and conditions and the guidl platform terms and conditions of use, the guidl platform terms and conditions of use shall prevail.
PRODUCT AND PRICING
You do not pay to download or otherwise access the guidl platform.
Some Content accessible on the guidl platform may be free-to-view. Free-to-view content will usually consist of individual guidls.
For paid-for Content, which will usually consist of guidl tours, the Creator is able to set the price as to how much they wish to charge you for downloading and enjoying their guidl tour, from a pre-set range of £4.99, £5.99, £6.99, £7.99, £8.99 or £9.99. The price they choose will be dependent on a range of factors and represents the full retail price of the guidl tour. The Creator and/or we may change the price you are required to pay and see displayed for a guidl tour at any time in our sole discretion. The Creator and/or we may do so due to requirements imposed on us by the app stores, through which the guidl mobile applications and Content will be distributed to you, or otherwise due to demand or other business-related factors. On occasion, a guidl tour may be mispriced. If a tour’s correct price is higher than the stated price, we may at our discretion cancel your order. guidl cannot confirm the price of a guidl tour until you order (via the app stores – see PAYMENTS VIA THE MOBILE APPLICATION section below). The Creator will receive 20% of the price that you pay for a guidl tour from guidl by way of earnings for their Content.
You will be able to listen to the first guidl in a guidl tour for free, as a sample of the tour and to help you decide if you want to purchase the full tour. You will also be able to read the description of the tour as a whole, and descriptions of the guidls that make up the tour, to help you understand what the tour is about before you purchase it. You will also be able to see ratings and reviews from other Viewers on a particular guidl tour.
In addition to or in the alternative to operating a payment per download pricing model, we reserve the right to introduce new and/or modify or remove existing pricing models in place from time to time at any time and without any liability to you due to demand or other business-related reasons.
PAYMENTS VIA THE MOBILE APPLICATION
We will make the Content available to you via our mobile applications which will be distributed through the App Store and Google Play stores for Apple and Android Users respectively (collectively, the “App Stores”).
To access the paid-for Content we make available, you will be required to make an in-app purchase utilising the in-app purchase functionality and billing system provided by the App Stores. Apple and Google (the “App Store Providers”) act as the seller of the in-app purchase and have the contractual link to you. Accordingly, your purchases of Content will be controlled by the App Stores respective terms and conditions, End User Licence Agreements (“EULAs”) and policies. You should familiarise yourself with the relevant App Stores terms and conditions, EULAs and policies (see Apple’s and Google’s respectively), along with Apple and Google’s privacy policies, and you acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded our mobile application and are governed by the App Store Provider’s terms and conditions, EULA and policies. If you have any payment related issues with an in-app purchase then you need to contact the App Store Provider directly.
CANCELLATION
In particular, those terms and conditions shall apply in respect of any cancellation of orders and/or refund requests. Please note that for digital content in-app purchases (which the Content is defined as), your in-app purchase cannot be cancelled after you have initiated its download and you acknowledge and agree to this in purchasing and downloading the Content.
DELIVERY OF CONTENT
All Content you purchase will be delivered to your guidl account. As explained in the TERMS APPLICABLE TO VIEWERS section above, it is your responsibility not to lose, destroy or damage Content once downloaded. Purchased Content will generally remain available for you to access from the guidl platform in your guidl account. However, and though it is unlikely, Content may be removed from the guidl platform at any time (for example, because the Creator removes it or the Creator’s account is suspended or terminated for any reason) and may become unavailable for further download or access and guidl will not be liable to you if this is the case.
THE GUIDL CREATOR PRICING AND REVENUE DISTRIBUTION POLICY
WHO THIS POLICY APPLIES TO
In this Policy “guidl” “we” “us” refers to Guidl Ltd, a company registered in England and Wales under registration number 14841096. “You” refers to a “Creator” of “Content” on the “guidl platform” (all these and other defined terms used in this Policy are as defined in the guidl platform terms and conditions of use). If there is any conflict between the terms of this Policy and the guidl platform terms and conditions of use, the guidl platform terms and conditions of use shall prevail.
PRICING
Users do not pay to download or otherwise access the guidl platform and it is free for you to upload Content in accordance with the guidl platform terms and conditions of use.
Some Content accessible on the guidl platform may be free-to-view. Free-to-view content will usually consist of the first guidl of your guidl tour. As a reminder, every guidl or guidl tour uploaded to the guidl platform will incorporate a free listening element to allow a Viewer to preview the Content before they purchase it, and as a means of self-promotion for the Creator on the guidl platform.
For guidl tours, you are able to set the price as to how much you wish to charge the Viewer for downloading and enjoying your guidl tour from a pre-set range of £4.99, £5.99, £6.99, £7.99, £8.99 or £9.99. We reserve the right to introduce different parameters within which you must set the guidl tour price from time to time and/or, if we deem it necessary, to require you to change the current price you have set for your guidl tour. This may be because of requirements imposed on us by the app stores, through which the guidl mobile applications will be distributed to Viewers, or otherwise due to demand or other business-related factors.
CREATOR EARNINGS
Viewers will purchase guidl tours through guidl’s mobile applications as distributed through the App Store and Google Play Store (for iphone and Android users respectively).
You will receive 20% of the retail price of each guidl tour downloaded by a Viewer by way of earnings for your Content. After deduction of in-app store purchase fees, taxes and guidl's costs and overheads for making the guidl platform available to Users, this equates to expected profit from guidl tours being split 60/40 between you and guidl.
REVENUE DISTRIBUTION
When you create your Creator account, you will need to provide us with payment details of your bank account or a payment method and any other information we deem necessary to request from you for the purposes of distributing revenue to you.
It is your sole responsibility to keep these payment details up to date. You agree and acknowledge that failing to keep your payment details up to date may result in us being unable to distribute revenue owed to you and we accept no liability for any loss of earnings that you may suffer as a result.
We will set a revenue distribution schedule as notified to you from time to time, which will allow us to account for the timelines related to receipt of funds owed to us and you by Apple and Google respectively (these entities will act as payment providers for Viewer in-app purchases of Content) and which will take into account our business needs. We will always endeavour to distribute any revenue due to you in a timely manner and on fair and reasonable terms.
TAXES, VAT AND OTHER FEES
You are solely responsible for ensuring you are compliant with any Value Added Tax (“VAT”) or other applicable tax rules or regulations in your country of residence, including whether chargeable in the United Kingdom or in any other foreign jurisdiction. In general, you agree you are solely responsible for and will comply with all laws relating to tax and/or VAT that may apply to you, and you will supply us with any information we require from you regarding your affairs in this regard (this could include your VAT registration number if applicable). You will also provide us with any assistance and information we require in relation to your non-compliance with tax, should your failure to comply with the law cause any issue for us.
You are solely responsible for any reporting of your earnings that may be required as a result of your income and related tax arrangements.
You will bear any currency conversion or transfer fees your bank may charge you to receive your revenue.
We reserve the right to close your Creator account if we are notified or otherwise become aware of any non-compliance by you with any laws and regulations relating to tax.
WITHOLDING FUNDS
We reserve the right to withhold all or any part of your earnings due but not yet paid to you if we suspect that any or all part of your earnings results from unlawful or fraudulent activities or if we suspect you have breached the guidl platform terms and conditions of use or any other applicable Terms in a way which could have serious consequences for us or another User.
In such cases we will undertake appropriate investigations and reserve the right to involve any and all authorities it may be appropriate to consult with or report to in the particular circumstances. If we conclude at the end of those investigations that you have breached the guidl platform terms and conditions of use or any other applicable Terms, you agree and acknowledge that you shall forfeit your earnings to the extent of the breach and that we shall bear no responsibility to you if we withhold earnings from you as appropriate. Of course, if we conclude there is no wrongdoing, we will provide you with your earnings as soon as possible.
ADDITIONAL AND/OR ALTERNATIVE REVENUE MODELS
In order to respond to the needs of Users, our business needs and those of any of our stakeholders, we reserve the right to amend existing and introduce new revenue models as we grow and develop the guidl platform. This could include, for example, the use of advertising, discounting and/or subscription options. We will notify you in advance of any changes we intend to make in this regard and will provide reasonable notice in advance of the introduction of those changes.
We welcome feedback and invite you to email us at hello@guidl.tours at any time.