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Terms & Conditions

Welcome to Guhyata!

Guhyata is owned and operated by Guhyata Inc.

These are the terms and conditions for:

By using the platform and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, In these terms and conditions, the words “platform” refers to the Guhyata mobile application and website together, “we”, “us”, “our” and “Guhyata” refers to Guhyata and “you”and “user” refers to you, the Guhyata user.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF OUR PLATFORM AND SERVICES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY SERVICES FROM THE GUHYATA PLATFORM.

1.ACCEPTANCE OF TERMS

This agreement sets forth the legally binding terms for your use of the Guhyata platform and services. By registering and using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the platform and stop using the services immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the platform and in these terms. You agree to be bound by any modifications to these terms and conditions when you use the Guhyata services after such modification is posted; therefore, it is important that you review this agreement regularly.

Use of the platform is available for all ages. It is the responsibility of parents and legal guardians to determine whether use of the platform or any of the functionality available on the platform is appropriate for their child or ward.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Guhyata may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

By using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2.GOOGLE PLAY

The platform will be available for download through the Google Play platform, provided by Google LLC. By using the platform, the user acknowledges and agrees that Google’s terms of service and privacy policies may also apply in connection with the download, installation and use of the platform from Google Play.

In addition, by using the platform, user agrees that certain personal and usage information may be shared with Google for the purpose of improving the user experience, performing analytics and providing related services. This may include, but is not limited to, usage data, geographic location, user preferences and other relevant data. Google’s collection, use and sharing of this information will be subject to its own privacy policies.

We recommend reviewing both Google’s privacy terms and policies and our own privacy policy before downloading the app from Google Play.

3.ACCOUNT

When registering on the platform, the user must provide an e-mail address where a verification code will be sent to the user, which must be used to verify their e-mail address. If you do not receive the verification code, please check that the email has not been sent to your spam or junk mail folder. You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify Guhyata of any unauthorized use of your account or any other breach of security. You may never use another user’s account without Guhyata’s prior authorization. Guhyata will not be liable for any loss or damage arising from your breach of this agreement.

Users may cancel their accounts at any time and for any reason through their account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all data transferred to Guhyata.

Guhyata reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Guhyata believes that you have breached any of these terms, provided Guhyata with false or misleading information, or interfered with another’s use of the platform or the service.

4.NOTIFICATIONS

By providing Guhyata with your email address, you agree that we may use your email address to send you notifications about Guhyata. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your removal request through the contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.

5.IN-APP SUBSCRIPTIONS

Guhyata offers the following subscriptions:

  • Guhyata Basic Edition
  • Guhyata

The user acknowledges that there are different types of subscriptions available within the platform, each with specific features and benefits. The type of subscription selected and its details will be clearly specified during the purchase process.

By confirming the subscription, the user authorizes Google Play to charge the amount corresponding to the type of subscription selected based on the terms and conditions established by the platform. The user accepts that the billing of the subscription will be done through his/her Google account.

All in-app subscriptions purchased through Google Play will automatically renew at the end of the current subscription period, unless the user cancels the subscription prior to the renewal date. User is responsible for managing and canceling subscriptions through their Google Play account.

Guhyata reserves the right to adjust subscription prices at any time, upon prior notification to the user through the Google Play platform at least 3 days in advance. User agrees that price changes will automatically take effect at the next subscription renewal.

The user may cancel the subscription at any time from the Google Play account. No refunds will be granted for unused subscription periods. After cancellation, the user will retain the benefits of the subscription until the end date of the current subscription period.

By continuing with the purchase of an in-app subscription on the Guhyata platform, the user confirms to have read, understood and accepted the terms and conditions set forth in this in-app subscriptions clause.

6.LIMITATION OF LIABILITY

The main function of the Guhyata platform is to monitor and manage the user’s privacy score, providing information and recommendations to improve data security and privacy. However, the user understands and agrees that the use of this platform is at the user’s own risk.

The information provided by the platform is based on the data and parameters available at the time of your query, and is provided in a general and indicative manner. We cannot guarantee the accuracy, completeness or timeliness of the information provided. The user is solely responsible for making informed decisions based on the advice and recommendations provided by the platform.

In no event shall we be liable for any direct, indirect, incidental, consequential, special or exemplary damages, including, without limitation, damages for loss of profits, business interruption, loss of data or any other type of loss, even if we have been advised of the possibility of such damages.

The platform is not responsible for the interpretation, use or consequences arising from the information provided. The user agrees to release Guhyata and its responsible parties from any claims, demands or damages related to the use of the platform.

It is recommended that the user take additional measures and consult with professionals specialized in privacy and data security to make appropriate decisions for their particular situation.

By using the platform, the user acknowledges and accepts this limitation of liability and agrees not to hold us liable for any harm or damage resulting from its use.

7.LICENSE TO USE THE PLATFORM

Guhyata grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Guhyata platform and downloadable through Google Play services free of charge, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, where applicable. This license is for the sole purpose of allowing you to use and enjoy the benefits of the services and functionalities available on our platform, including the features to monitor and manage your privacy score. You may not copy, modify, distribute, sell or rent any part of our services or the included software, or reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law or you have our written permission.

You agree not to use the platform and services in a negligent, fraudulent or unlawful manner. You also agree not to engage in any conduct or action that may damage the image, interests or rights of Guhyata or third parties.

Guhyata reserves the right to terminate the user’s access immediately, with or without notice, and without liability to the user, if Guhyata believes that the user has violated any of these terms.

8.COPYRIGHT

All materials included in the Guhyata platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Guhyata or by third parties who have licensed or provided their material to the platform. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or used for any purpose, by any person or entity, without the prior express permission of Guhyata. Adding to, deleting, distorting or otherwise modifying the material is prohibited. Any unauthorized attempt to modify any material, to defeat or circumvent any security measures, or to use Guhyata or any portion of the material for any purpose other than its intended purpose is strictly prohibited.

9.COPYRIGHT INFRINGEMENT

Guhyata will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Guhyata respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement of ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that Guhyata can find it on the website.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • An electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner’s behalf.

10.PERSONAL INFORMATION

Any personal information you provide in connection with your use of the platform and our services will be used in accordance with our privacy policy. See our privacy policy.

11.PROHIBITED ACTIVITIES

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is owned by Guhyata or licensed to Guhyata by third parties. For all content other than your own, you agree not to modify, copy, distribute, transmit, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:

  • Use the platform for any commercial purpose, outside the scope of the commercial purposes explicitly permitted in this agreement and the related guidelines made available by Guhyata.
  • Access, monitor, reproduce, distribute, transmit, broadcast, stream, display, sell, license, copy or otherwise exploit any content of the services, including, but not limited to, the use of any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions of any robot exclusion headers on the website and platform or circumvent other measures employed to prevent or limit access to the platform.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Establish a deep link to any part of the website for any purpose without our express written permission.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by Guhyata.
  • Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict the use or copying of any content.

12.DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Guhyata provides and maintains the platform on an “as is,” “as available” basis and does not promise that use of the platform will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.

Our platform may occasionally contain links to other websites that are not under our control or maintained by us. These links are provided solely for your convenience and we are not responsible for the content of those websites.

Except as provided above, we cannot provide any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.

You shall be liable for any breach of these terms by you and, if you use the platform in breach of these terms, you shall be liable for and shall reimburse Guhyata for any loss or damage caused as a result.

Guhyata shall not be liable for any amount for breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or acts of nature.

These conditions do not affect your statutory rights as a consumer, which are available to you.

Subject to the foregoing, and to the maximum extent permitted by law, Guhyata excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem which you notify Guhyata of, and Guhyata shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:

  • Any incorrect or inaccurate information on the platform.
  • Infringement by any person of any Intellectual Property Rights of any third party caused by your use of the Platform.
  • Any loss or damage resulting from your use of or inability to use the platform or resulting from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.
  • Any loss of profits, wasted expenditure, corruption or destruction of data or any other loss that does not arise directly from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content on the platform or by transmissions through e-mails or attachments received from Guhyata.
  • All representations, warranties, conditions and other terms that would, but for this notice, be in effect.

13.ELECTRONIC COMMUNICATIONS

Guhyata will not accept any liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for any unauthorized human act, including any error or mistake.

14.THIRD PARTIES

Through your use of platform and services you may encounter links to third party sites or be able to interact with third party sites. These third parties may charge a fee for the use of certain content or services provided on or through their websites. Therefore, you should investigate as you deem necessary or appropriate before proceeding with any transaction with any third party to determine whether a fee will be incurred. Where Guhyata provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interaction with third party sites and applications is at your own risk. You expressly acknowledge and agree that Guhyata is in no way responsible for such third-party websites.

15.INDEMNIFICATION

You agree to defend and indemnify Guhyata from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of Guhyata platform and services.

16.CHANGES

We may change the platform and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users.

17.INTEGRATION CLAUSE

This agreement, together with the privacy policy and any other legal notices posted by Guhyata, shall constitute the entire agreement between you and Guhyata and shall govern your use of the platform.

18.TERMINATION

Both the user and Guhyata acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Guhyata reserves the right to unilaterally terminate the user’s access to and use of the platform. Guhyata may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, Guhyata shall not be liable for any loss of data or information associated with the user’s account.

In case of non-compliance by Guhyata: If Guhyata fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify Guhyata in writing of the breach and allow a reasonable time for Guhyata to remedy the situation. If Guhyata does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

19.DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or your use of the platform, shall be resolved by binding arbitration between you and Guhyata.

In the event a dispute arises in connection with your use of the platform or breach of these terms and conditions, the dispute shall be resolved by binding arbitration with the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules of the AAA then in effect. Such arbitration shall take place in the state of Delaware.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and our services.

The courts of the United States, specifically the courts located in the State of Delaware, shall have jurisdiction over any dispute, controversy or claim relating to Guhyata and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Delaware.

20.FINAL PROVISIONS

Although the platform is available internationally, these terms and conditions are governed by the laws of the United States. Use of the Guhyata is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or collected by us in connection with such use.

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

Any rights not expressly granted herein are reserved.

21.CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us using the contact information below:

Guhyata Inc.

2108 N ST #5031

Sacramento, CA 95816

Email: info@guhyata.com

Phone: +14084987427