TERMS & CONDITIONS admin March 24, 2022

TERMS & CONDITIONS

last modified: 05.01.2022

Table of Contents

1.Introduction

Thank you! By choosing to make your instructions digital or by scanning the QR code and reading the product instructions online you are making the world a better place! 

By accessing and using our App you accept these Terms & Conditions. If you have any questions related to this document, please feel free to contact us at the contact details provided below. 

2.Who are we

We are GUIDEFAI S.R.L. (“GuidefAI”, “Company”, “us”, “we”), and we are the owners of the website www.guidefai.com and of the correspondent App. Below you can find our identification details:

Company details: GUIDEFAI S.R.L., a legal entity established and operating in accordance with Romanian law.

Headquarters registered address: Timişoara, Dr. Iosif Nemoianu Street, Nr. 9, Room 1, 2 and 4, apartment 2, Timiş county, Romania.

Trade Registry no: J35/3534/2020.

Single Registration Number (CUI): RO43373410.

Contact email address: support@guidefai.com 

 

3.Definitions of used terms

a) Brand(s) – the entity that has signed up on the Platform as a partner of GuidefAI, who chooses to make the Documentation available for the final users in a digital format, through the GuidefAI App. Please consider that if you are a Brand these Terms & Conditions also apply.

b) Documentation – all the content that the Brands choose to make available on the Platform such as: product manuals, images, instructions, videos, text and any other such material, in connection to the products and/or services they offer.  

c) GuidefAI’s Services – the services offered by GuidefAI S.R.L. through the GuidefAI Licensable software, for the purpose of allowing Brands to digitalise Documentation and for making available to Users and Visitors such Documentation and any other additional information. 

d)Licensable software – the website www.guidefai.com together with all software made available by GuidefAI and any other sub-domain assigned to a Brand; such software has an interface and certain functionalities available only for Brands (the “Platform”) and a different interface together with special features available only for Users (the “App”). The GuidefAI App is available to download as a Progressive Web App (“PWA”), for any device with internet connection, optimized for mobile phones and tablets and, through it, Users can access the Documentation made available by the Brands by scanning the QR code provided together with the Brands’ products and/or services (“GuidefAI”, “App”). 

e)Privacy Policy – the document that informs you about the way in which we process your personal data, available here, which forms an integral part of this Agreement. 

f) T&C – the terms, conditions and legal information contained or referenced herein (the “Terms & Conditions”, “T&C” or the “Agreement”). 

g) Users – the individuals who, having the minimum required age in order to access our information society services, scan the QR code made available to them by the Brands together with the product and/or services and choose to register on GuidefAI and create an Account, having therefore direct access to the Documentation and also the possibility to access other additional features such as: saving a copy of the product guarantee, receive notifications from Brands and others (the “User”, “Users” or “you”). 

h) User’s Account – comprises of the identification and authentication details that Users provide to register on our App. 

i) Visitors – the individuals who, having the minimum required age in order to access our information society services, scan the QR code made available to them by the Brands together with the product and/or services, having therefore the possibility to access the Documentation, without opening an account on the App (the “Visitor”, “Visitors” or “you”). Please take into account that if you are a Visitor all references and obligations established for the Users, will also be applicable to you to the maximum possible extent.  

 

4.What services do we offer

GuidefAI supports brands in taking the Documentation accompanying their products and/or services to the next level by developing an all-in-one tool, bound to engage audiences, generate purchases & deliver enjoyable and useful experiences to their customers.

In this sense, GuidefAI offers a Platform which allows Brands to digitalise their Documentation and to offer to their final users a QR code that will take them directly to the relevant Documentation, in digital format. 

 

By scanning the QR code, received together with the products and/or services, you will be directed to a web page containing the relevant Documentation in digital format. Also, you will be able to open an Account so that you will have all your product manuals, instructions, guarantees and others in one place. In this way you’ll be able to examine the Documentation at any time and you will also have access to additional features such as: notifications from Producers, explanatory videos, interactive guides and others. 

 

5.Use of the APP

Rules of GuidefAI

Using GuidefAI App you represent and warrant that:

1. You have the required legal age in your jurisdiction in order to access the services of the informational society via web and/or to download the Progressive Web App. If the case, minors using GuidefAI will require parental permission. 

2. You understand that GuidefAI does not provide any legal advice or recommendations with respect to any laws or requirements related to any use of the App and/or available Documentation, such as but not limited to: manner in which you can communicate with the Brands, product guarantee, instructions and others. 

3. You understand that all Documentation available on the App is made available by the Brands, GuidefAI being just a proxy between you and the brand and so GuidefAI cannot be held responsible for any content or shortcomings and inconsistencies within the Documentation available on the App.

4. You understand that GuidefAI reserves the right to introduce within the App informative and advertising content related to other products and/or services of its partners, based on your interests or not, depending on your choices.  

If choosing to create an Account, you agree that:

1. You will provide only information that is: true, accurate and complete. You also agree to keeping this information up to date. If you provide information that is false, inaccurate or incomplete or if we consider that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, we may deny current or future access to, and use of, the App or any of its contents and/or services.

2. Your Account information is strictly confidential, personal and non-transferable. You should not disclose the details of your Account and you should not allow access and use of your Account to any third parties. All the actions carried out under your Account, are under your sole responsibility, together with all related consequences. 

3. You are required to notify us immediately of any unauthorized access to or use of your Account or any other situation that may cause loss of control of your Account.

4. We, together with the Brands have the right to choose Users based on non-discriminatory criteria and we have the right to suspend or disable access to our Services to the extent required to:

– comply with applicable legislation or court order;

– secure lawful use of App, related to reasons such as: IP infringement, fraud prevention, investigation and customer support purposes;

– ensure your compliance with these Terms & Conditions; 

– as otherwise established in this Agreement;

Also, with respect to the content you upload on the App you guarantee that:

1. all materials you upload in the App correspond to reality and are unmodified. This includes guarantees and any other documents that you can upload in the App. 

2. you are the only one responsible for the content transmitted thereby, as well as for the use of the App

 

 Rules of the Brands

The Documentation provided on our App is to be considered independent in the sense that it is not provided by GuidefAI, but by the Brands. Such Documentation is provided through our App under the condition that: 

– for the use of the App, you accept these T&C’s, including our Privacy Policy;

– for the use of the Documentation in the ways provided within the App you accept the T&C’s of the respective Brands and also their Privacy Policy, as indicated in the App.

This means that, by scanning the QR code, you are directly connected with the Documentation provided by the Brands, through our App, subject to your acceptance of both our Terms and Conditions and Privacy Policy and of those imposed by each Brand.

Please consider that when providing the Documentation, the Brands may insert links to external content such as applications, resources or advertisements which may be created, hosted or made available by third parties. Please do carefully read the T&C’s and Privacy Policy of the Brands that provided you the QR code and understand that each of them may apply different conditions in relation to the Documentation and your access to it. 

Third-Party Services 

Within the App, GuidefAI and/or the Brands may provide links to external content such as websites, applications, resources, advertisements, products and services, which may be created, hosted or made available by third parties. 

Accessing and/or using such third-party services is at your own risk and GuidefAI does not make any warranty, does not endorse and is not to be held responsible in relation to such third parties or the services they offer. In this sense, GuidefAI acts as a mere intermediary App between you and such third parties and strongly encourages that you revies the Terms and Conditions and Privacy Policies of such third parties. 

Additional services and support 

In order to provide you the added value service, we shall be your first point of contact for any problems you may incur in relation to the use of the App and/or the Documentation. Also, in relation to any problems you may have, we will provide the first line of support through the available customer support channel. If we are not able to attend the issues you address, we will escalate them to the relevant Brand, together with all the necessary info. 

 

Withdrawal from App

You may withdraw from this contract at any time and free of charge by deleting your Account and uninstalling the App. Even if you withdraw from the contract, you will still be able to use the  App as a Visitor.

Please consider that even after deleting your Account and uninstalling the App we may keep some of your personal data only if necessary and in accordance with the applicable legislation and as explained in our Privacy Policy.

 

6.Disclaimer of Guarantees and limitation of Liability

Related to the use of the Documentation

As explained under Section 4, Use of the App, GuidefAI is to be considered an access channel to the Documentation provided by the Brands. Such Documentation will be provided under the T&C’s of the Brands, who guarantee that all Documentation is provided according to the applicable law. GuidefAI is not responsible for the method, quality or content of the Documentation nor of the responsiveness of the Brands.  Furthermore, if any inconsistencies are to be found between the Documentation provided on GuidefAI and (a) the documentation available on the official website of the Brand and/or (b) the documentation made available by the Brand together with the product or service, the documentation mentioned at point (a) and (b) shall prevail. 

In relation to the language, the Documentation will pe provided in the language of your choice, where the translated version has been provided by the relevant Brand. Furthermore, in the case in which the Brand has not provided for the Documentation in the language of your choice, GuidefAI may provide an automatic translation, for your convenience. However, such translation is to be regarded as a non-authorised translation and GuidefAI cannot be held responsible for any errors or inconsistencies.    

You acknowledge that there are risks in using the services provided by GuidefAI and that GuidefAI does cannot and does not guarantee any specific outcome from the use and/or interaction with the Documentation. Such risks may include, among others, misrepresentation of information, breach of warranty and/or contract, violation of rights and any consequent claims.  

 

Related to the use of our App

In case of any faults within the App we will attempt to correct them as soon as possible. Although we do our best to ensure that all the content displayed on the App corresponds to the content uploaded by the Brands, we cannot guarantee the reliability or accuracy of any content. We provide the GuidefAI Services and App on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. Therefore, the functionality of the App may be restricted due to occasional technical errors and you acknowledge that we do not guarantee continuous and uninterrupted functioning of the App. 

We are liable only for intent and gross negligence and only if you suffer damages or adverse effects due to the use of the App. The limitation of liability does not apply in the context of the guarantees assumed or for the damages caused to your life, personal integrity or health.

Also, please take into account that certain services/features of the App are offered in BETA version and undergo BETA testing. Such services/features may contain bugs, suffer disruptions and operate differently than intended or designed and you acknowledge that by accessing and/or using a service/feature, labelled as in BETA Version, you agree to participate in its testing.   

 

7.Intellectual Property Rights and prejudice coverage

The entire content of the App, including, but not limited to texts, images, graphics, computer software, as well as any other data and applications, is the property of GuidefAI S.R.L. and/or its partners and/or its licensors and it is protected by copyright, trademark, trade secret and the rights related as well as by other laws, including but not limited to the applicable laws regarding intellectual and industrial property rights.

Authorizing you to access the App does not imply the waiver, transfer, licensing or full or partial assignment by GuidefAI of any intellectual or industrial property rights. Except as expressly permitted in these Terms and Conditions and within the App, you may not modify, copy, reuse, exploit, reproduce, publicize, display, make subsequent publications of, send by post, transmit, use, process or distribute in any way all or some of the contents included in the App, for public or commercial purposes, unless you have our express written authorization or, where applicable, that of the owner of the rights concerned.

These Terms do not grant you the right to use any trademarks, branding or logos used in our App or otherwise, including in any advertising or publicity or to imply our endorsement in any way.

When uploading any content through the App you assert that you have the necessary rights to do so, releasing GuidefAI from any liability regarding the content and lawfulness of the information supplied. 

Furthermore, you may not, directly or through the use of any device, software, online resources or other means, remove, bypass. Avoid, alter, interfere or circumvent any copyright, trademark or other proprietary notice in relation to any content and/or Documentation. 

 

Our Limited License to You

Subject to your compliance with these T&C’s, GuidefAI herby grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to access the App and perform all allowed actions in relation to the Documentation and any other available content in the App, the computer code being expressly excluded. Such license is limited solely to your personal, non-commercial use and solely to what is necessary to access and use the App according to its allowed use. 

Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell or lease any part of our App and/or Services or included software, nor may you reverse engineer or attempt to extract the source code of the App and/or Services or software, unless you have our written permission to do so. Furthermore, all use of the App must be in accordance with the allowed use, as established at point 7, Allowed Use of GuidefAI. 

You will indemnify GuidefAI for all claims, including claims for damages, which other Users or other third parties have requested from us for the cases in which you violate their rights:

through the content you upload or generate within the App,in relation to any other incompliant use of the App. 

You accept all reasonable costs incurred by us due to the infringement of the rights of third parties, including the reasonable costs that arise during the procurement of a legal defense. All rights and additional damages of GuidefAI shall remain unaffected.

 

Your license to us:

By accessing and/or registering on the App and agreeing to these T&C’s, you grant us, in relation to the content that you may upload, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by us, with or without any further communication and without having to pay any amounts for such uses. Any use of your content by us will not affect your data protection rights and will be in accordance with our Privacy Policy.

 

8.Allowed use of GuidefAI

GuidefAI may not be used in connection with any commercial purposes, except those that are specifically approved or endorsed by us in writing or directly through functionalities / features available in the App.

You are not allowed to:

– do anything that places an unreasonably large load on our App, the networks and the services connected to the App or on our third party providers’;

– use any robots, spiders, scrapers, crawlers or other automated means to access and/or use our App; 

– use any data gathering or extraction tools;

– try to interfere with the proper working of the App;

– copy or adapt, decipher, decompile, disassemble, or reverse engineer any of the App’s software or attempt to access any portions of the App that you are restricted from accessing;

– attempt to bypass, circumvent, disable or interfere with any of our security measures or features of the App, including those that prevent or restrict the use or copying of any content or enforce limitations on the use;

– make any use of the App against the law;

– transmit or upload viruses or any other material and/or software that interferes with the normal functioning of the App; 

– engage in unauthorised framing of or linking to the App; 

– implement and/or run any form of auto-responder or “spam” on or through the App

– delete or change in any way the copyright or other proprietary rights notice from any of the Documentation, related content or generally from the App;

– systematically retrieve any data and/or content from the App, for any purpose, i.e. for compiling databases or directories without the written permission of GuidefAI;

– use the personal data of any other Users and/or Brands to send unsolicited email; 

– create false accounts or mislead and/or defraud GuidefAI, the Brands or any other Users in any way, especially in relation to the documents uploaded in the App such as but not limited to the guarantee or in an attempt to learn sensitive information about other users;

– transfer your account/profile in any way; 

– use any information related to the App in order to harass, abuse, or harm another person or have any such behavior in relation to Brands, our employees, agents or other users;

– make improper use of our support services or submit false reports and or false documents; 

– use or access the App or any of its content as part of any effort to compete with us or to create a commercial enterprise; 

– advertise products or services without our express written consent;

– imply a relationship with us and/or any of the Brands and/or any other company with whom you do not have a relationship. 

Please take into account that any violation of the allowed use may result in:

– interruption of your use of the App;

– suspension of your account and access to the App;

– civil and/or criminal liability.

– any other remedy remedy that GuidefAI may have, in law or in equity. 

Furthermore, GuidefAI may investigate incidents that are contrary to the allowed use and may request information to you or to other relevant third parties in order to ascertain the use that you have made of the App. 

 

9.Changes

We may update, change, or discontinue any aspect of our Services at any time. Also, our services are constantly updated and therefore, sometimes, we will have to change the legal terms under which they’re offered. GuidefAI will modify these T&C’s only by a signed written amendment or by posting a revised version. We will let you know about the changes either by: (a) posting them here and updating the “Last Updated” date, (b) posting a notification banner within the App, (c) emailing them to you before the changes become effective. Your continued use of our Services after the new terms take effect signifies your acceptance. If you disagree with the changes, please stop using our Services immediately.

 

10.Termination

GuidefAI may terminate your access to all or part of the Services, at any time, with or without cause, with or without notice, effective immediately, in cases such as, but not limited to: (a) if you breach these T&C’s, (b) for any conduct which, at the sole discretion of GuidefAI, it considers to be unacceptable, (c) if termination is necessary for complying with applicable laws or to protect the rights, safety, privacy and security of GuidefAI, of the Brands and/or any of the other users and collaborators. 

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

 

11.Your personal information

In order to be able to provide you access to the App and allow you to access the Documentation and all other features, we have to process some personal data like, for example, you name and surname and your camera. Furthermore, as we are an intermediary between you and the Brands, we collect and share the data necessary for the provision and management of the Documentation and related features and/or from the respective Brands.
 
For more information about the types of personal data and the purposes for which we process it, as well as the third parties with whom we share it, please read our Privacy Policy. Also, as the Documentation and related content is provided by the Brands, which are also able to introduce links to external content as indicated in section 4.3, please take into account that the Privacy Policy of the Brand also applies.
 

12.Final provisions

If a clause of these T&C is invalidated, declared inapplicable or cancelled, it does not affect the validity of the other clauses. Instead of the inapplicable clause, it will be considered accepted a provision that has a meaning as close as possible to the economic meaning of the inapplicable clause.

By accepting these T&C, you state that you are aware and that you are not misled regarding the services and Documentation provided through the App. 

 

You expressly accept these Terms & Conditions. Your acceptance is given by checking the appropriate box within the App and / or by using the App.