Terms of Service

The gist:

We (the folks at HOUSEGUIDE APP) run a Digital Guide hosting platform called HouseGuideApp.com and would love for you to use it. HouseGuideApp.com's basic service is free, and we offer paid plans for multiple Digital Guides or complete features such as Intro Video, Extra: Videos, Local Recommendations or House Rules. Our service is designed to give you as much control and ownership over what goes on your Digital Guide as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your Digital Guide. If you find a HouseGuideApp.com Digital Guide that you believe violates these Terms of Service, please contact us.

Terms of Service:

The following terms and conditions ("Terms") govern all use of the HouseGuideApp.com website and all content, services, and products available at or through the website, including, but not limited to, Houseguide.me, Houseguide.app, (taken together, our "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, HOUSEGUIDE APP's Privacy Policy) and procedures that may be published from time to time by HOUSEGUIDE APP (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by HOUSEGUIDE APP, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

Use of our Services requires a HouseGuideApp.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. HouseGuideApp.com.

• Your HouseGuideApp.com Account and Digital Guide. If you create a Digital Guide on HouseGuideApp.com, you get to use an HOUSEGUIDE APP-owned subdomain, such as example.HouseGuide.me. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains. You are responsible for maintaining the security of your account and Digital Guide, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Digital Guide. You must immediately notify HOUSEGUIDE APP of any unauthorized uses of your Digital Guide, your account, or any other breaches of security. HOUSEGUIDE APP will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
• Responsibility of Contributors. If you operate a Digital Guide, or post material to HouseGuideApp.com or Houseguide.me, post links on HouseGuideApp.com or Houseguide.me, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, code or items (services or goods) submitted for sale in the 'Shop' feature of Houseguide. By using HouseGuideApp.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to HOUSEGUIDE APP for inclusion on your website, you grant HOUSEGUIDE APP a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Digital Guide. This license allows HOUSEGUIDE APP to make publicly-posted content available to third parties selected by HOUSEGUIDE APP (through Vimeo, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, HOUSEGUIDE APP will use reasonable efforts to remove it from HouseGuideApp.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, HOUSEGUIDE APP has the right (though not the obligation) to, in HOUSEGUIDE APP’s sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in HOUSEGUIDE APP’s reasonable opinion, violates any HOUSEGUIDE APP policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of HouseGuideApp.com to any individual or entity for any reason. HOUSEGUIDE APP will have no obligation to provide a refund of any amounts previously paid.

• Advertisements. HOUSEGUIDE APP reserves the right to display advertisements on your Digital Guide unless you have paid for a plan that includes the removal of HouseGuideApp.com ads.
• Attribution. HOUSEGUIDE APP reserves the right to display attribution text or links in your Digital Guide footer or toolbar, attributing HouseGuideApp.com, for example. The toolbar may not be altered or removed.

2. Responsibility of Visitors.

We have not reviewed, and cannot review, all of the material (such as videos, instructions, local recommendations, shop items or other content) posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use, purchase or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights and other proprietary rights, of third parties. Any Site Materials offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Site Materials. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Last thing: Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of Site Materials.

3. Fees, Payment, and Renewal.

• Fees. Some of our Services may be free with optional paid upgrades, such as a Houseguide plan ("Paid Services"). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we'll bill or charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
• Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you've paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
• Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
• Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a HouseGuideApp.com annual plan, you will be charged each year.
• One-time payment. This is a one-time payment option which grants access to the plan "HouseGuide Pro" as long as HOUSEGUIDE APP will operate its Services. The one-time payment only applies to the selected Plan and does not include future HOUSEGUIDE APP plans or upgrades, such as for example, an extended plan with more features. In the case of bankruptcy or natural disasters that would limit or completely incapacitate HOUSEGUIDE APP in its ability to deliver its Services (digital guidebooks, hosting, third-party integrations), HOUSEGUIDE APP will not be held responsible for any losses (financial or otherwise) the discontinuation of its Services would bring to its Users or Account holders.
• Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
• Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Paid Service.

4. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Houseguide.me links, and that link to Houseguide.me or HouseGuideApp.com. HOUSEGUIDE APP does not have any control over those non-Houseguide.me websites, and is not responsible for their contents or their use. By linking to a non-Houseguide.me website, HOUSEGUIDE APP does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HOUSEGUIDE APP disclaims any responsibility for any harm resulting from your use of non-Houseguide.me websites and webpages.

5. Intellectual Property.

This Agreement does not transfer from HOUSEGUIDE APP to you any HOUSEGUIDE APP or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with HOUSEGUIDE APP. HOUSEGUIDE APP, Houseguide.me, HouseGuideApp.com , Houseguide.app, the HouseGuideApp.com  logo, and all other trademarks, service marks, graphics and logos used in connection with Houseguideapp.com or our Services, are trademarks or registered trademarks of HOUSEGUIDE APP or HOUSEGUIDE APP's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any HOUSEGUIDE APP or third-party trademarks.

6. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

7. Termination.

HOUSEGUIDE APP may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your HouseGuideApp.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties.

Our Services are provided "as is." HOUSEGUIDE APP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HOUSEGUIDE APP nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

9. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the country of Romania, Europe, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state courts located in Bucharest, Romania, Europe.

10. Limitation of Liability.

In no event will HOUSEGUIDE APP, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HOUSEGUIDE APP under this Agreement during the twelve (12) month period prior to the cause of action. HOUSEGUIDE APP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty.

You represent and warrant that your use of our Services:

• Will be in strict accordance with this Agreement;
• Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
• Will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification.

You agree to indemnify and hold harmless HOUSEGUIDE APP, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, materials (such as computer software, items for sale, or content) that you post.

13. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

14. Miscellaneous.

This Agreement constitutes the entire agreement between HOUSEGUIDE APP and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HOUSEGUIDE APP, or by the posting by HOUSEGUIDE APP of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HOUSEGUIDE APP may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.