By using our Services, you agree to these Terms and Conditions (“Terms”), including our Privacy Policy, which is incorporated herein by reference. Please abide by and read these Terms carefully as these Terms form a legally binding contract between you and us.
Do Not abuse or misuse the Services. Do not interfere with or try to access the Services in a way other than what we provide. Only use the Services as permitted by law. If you do not comply with our Terms, Privacy Policy, or other policies, or if there is misconduct in contravention of our community guidelines, we may suspend, ban, or stop providing the Services to you.
The Services are provided on a mobile device, so do not use the Services in a way that distracts you and diminishes or prevents your ability to operate a motor vehicle and obey safety and traffic laws. Using GUIDE’s Services requires a smartphone and your smartphone must meet any system requirements as proscribed by the Apple and Google mobile application marketplaces. It is your responsibility to ensure your device can access the Services, and GUIDE will not provide any refund or proration on the basis of device issues.
All GUIDE Services require a subscription. You agree you are not permitted to resell any Services purchased through GUIDE under any circumstance, for any purpose. Subscriptions to GUIDE are non-transferrable and therefore you agree to not sell, transfer, or exchange subscriptions or accounts under any circumstance.
Subscriptions are available to groups, including corporations, governmental agencies, departments, municipalities, schools, etc. and are to be used for employees and members through a paid subscription. In such cases, the purchaser (a “Group Subscription Holder”) and all individuals accessing the Services through the Group Subscription Holder’s subscription shall be bound by these Terms.
You must be at least 18 years of age to use the Services.
We will make every effort to provide the best possible service, however, we make no promise the Content and Services will fulfill your stated or unstated requirements, and we do not guarantee Services will operate without fault. Please report any issues with the Services to support@theguideapp.com so that review of any issues can be addressed. Suspension of Services may occur from time to time to fix issues, and your access to the Services may be affected. We will restore the Services as soon as reasonably possible.
DO NOT USE THE GUIDE APP PEER SUPPORT PLATFORM FOR EMERGENCIES. IF YOU ARE IN CRISIS FOR ANY REASON, USE THE SOS SCREEN TO ACCESS AVAILABLE CRISIS SERVICES OR CONTACT ANOTHER CRISIS SERVICE PROVIDER IN YOUR AREA. IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR OTHERS, IF YOU ARE CONSIDERING SUICIDE, OR IF YOU ARE HAVING ANY OTHER TYPE OF MEDICAL EMERGENCY, IMMEDIATELY CALL 911.
You acknowledge and agree moderators and other members within the peer support platform are not therapists, counselors, mental/medical health professionals, physicians, attorneys, or other professionals. You acknowledge and agree you take full responsibility for continued interaction with moderators or other members and those individuals are meant to help you understand and apply daily practices and principles to your daily life and for general support, but are not meant to be a substitute for counselors or professionals, which are not available through the GUIDE App.
GUIDE provides a small group platform to facilitate members in sharing prompt responses from course work in the App and to allow members to post questions, content, and thoughts to gather feedback from other members. Information and responses found in the GUIDE small group are intended for general informative purposes only and do not replace a meeting or appointment with a professional for mental or psychiatric care. GUIDE does not warrant the validity, accuracy, or availability of any of the content provided by other members, and GUIDE will not be liable for any damages sustained by any member based upon the reliance on any content or advice received from members in the small group.
GUIDE is constantly changing and improving the Service and may change the Services in a multitude of ways on occasion, including the layout, display, content, courses, design, features, functionalities or the access thereto, without prior notice. You acknowledge you will have no plea, claim or demand whatsoever against us or our staff due to any changes which result in glitches or cause inconvenience.
The Services’ availability, functionality, and quality depend to a certain extent on software, hardware, and networks provided by third parties, over which we do not have control, and these factors are not fault-free.
We do not warrant or guarantee the Services will operate without error, interruption, or disruption, will properly post content, or that the Services will be accessible at all times without errors or unauthorized access. You acknowledge and agree the Service does not provide data back-up services with respect to any data or content you upload or use.
We may, in our sole discretion, change, discontinue or suspend the Service or parts thereof, temporarily or permanently, for all, or some users, without any liability to you, and we are not obliged to give any notice of such change, discontinuation or suspension.
We may change these Terms at any time. Upon changing the Terms, we will notify you. Your usage of the Services after the effective date of the amended Terms constitutes your consent to be bound by the amended Terms and the latest version of the Terms will be accessible through the App. If you do not consent to the amended Terms, you must discontinue using the Service.
Unless otherwise indicated in writing, all materials (including but not limited to software, courses, images, and other Content whether downloaded or not) contained in the Services are owned by GUIDE. You acknowledge and agree you may not use the Content from the Services unless you have obtained permission from its owner or are otherwise permitted by law to do so. The Terms do not give you the right to use any of GUIDE’s branding or logos from the Services without express written consent from us.
Your use and access to the Services are personal to you and you may not exploit any Content, code, materials, images, or data contained in the Services. The Services may not be used for any commercial purposes without a written license agreement from us.
GUIDE’s licensed applications and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Some of our Services allow you to submit, upload, store, send or receive content, and GUIDE will use reasonable measures to maintain the storage and integrity of such content in accordance with our Privacy Policy.
You may not post, transmit or otherwise communicate any content through the Service which: (1) infringes the rights of others, including the right to privacy or right of patents, copyrights, trade secrets, trademarks, or any other intellectual property; (2) depicts or identifies a minor’s personal details, address, means to contact, without explicit consent from their legal guardian; (3) includes software viruses, spyware or any malicious software applications; (4) is prohibited by any applicable law, including court orders; (5) is threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable (with the understanding that reasonable use of good-natured intention of any of the above for bonding purposes may be permitted); or (6) includes spam, schemes, or phishing attempts.
We are not responsible for any content provided by you or any other member. There are no representations or warranties, express or implied, regarding member content, including but not limited to its legality or accuracy.
We reserve the right to refuse to publish, restrict, suspend, or terminate your access to any or all of the Services and may do so with or without any prior notice to you.
We may use member content for internal business purposes, including but not limited to examining usage trends and engagement with the Services.
The intellectual property rights of others must be respected on the GUIDE platform. We will respond to claims of alleged abuse or copyright infringement and will remove the accounts of repeated offenders according to the process proscribed by the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe there is any type of copyright infringement, please send a written or email notice to GUIDE at the applicable address (GUIDE, 201 Lackawanna Ave, Suite 223, Scranton, PA 18419; support@theguideapp.com), which includes the following information:
DO NOT USE THE GUIDE APP FOR EMERGENCIES. IF YOU ARE IN CRISIS FOR ANY REASON, USE THE SOS SCREEN TO ACCESS AVAILABLE CRISIS SERVICES OR CONTACT ANOTHER CRISIS SERVICE PROVIDER IN YOUR AREA. IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, IF YOU ARE CONSIDERING SUICIDE, OR IF YOU ARE HAVING ANY OTHER TYPE OF MEDICAL EMERGENCY, IMMEDIATELY CALL 911.
WE PROVIDE OUR SERVICES “AS IS”, AND WE EXCLUDE ALL WARRANTIES.
We provide the Services for informational and educational purposes only with a level of care and skill that is reasonable, and hopefully you will enjoy and obtain growth from the Services. The Services are not intended as a substitute for qualified professional advice, counseling, rehabilitation, treatment, or guidance. Always seek the advice of a qualified health care professional for medical or health-related issues.
GUIDE is a provider of behavioral health and wellness information and a platform facilitating a supportive social network. Although third-party evidence resulting from research exists, which indicates some behaviors and practices such as regular exercise, meditation, gratitude, effective communication, sleep, and breathing techniques, by way of example, may help in prevention and/or recovery from certain symptoms and conditions, GUIDE in no way claims, represents, or guarantees our Services provide any physical, mental, or therapeutic benefit.
Other than what is expressly set out in these Terms, neither GUIDE nor any member, employee, director, officer, agents, subcontractor, shareholder, representative or affiliate makes any guarantee or commitment about the Content or the Services, the features and functionalities of the Services, or the reliability, availability, or ability to meet your specific needs.
We assume no responsibility or liability for errors or omissions in any Content in the Services or any interruptions in the delivery of the Services. We disclaim and exclude any express or implied representations or warranties including the warranty of merchantability or fitness for a particular purpose of the Services to the broadest extent permitted by law. All conditions and warranties which might otherwise be implied whether by common law, statute, or the law of equity, to the extent permitted by law, are expressly excluded.
TO THE EXTENT PERMITTED BY LAW, THE ONLY LIABILITY OF GUIDE OR ANY EMPLOYEE, CONTRACTOR, REPRESENTATIVE, OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, OR AGENT OF GUIDE FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING ANY IMPLIED WARRANTY, IS LIMITED TO THE PRO RATA AMOUNT PAID TO US FOR USE OF THE SERVICES BY YOU OR YOUR SPONSOR.
You assume responsibility for your own use of the Services. Under no circumstances will GUIDE be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily harm you suffer, or you may cause to a third party in connection with use of the Services or any activities undertaken in connection with use of the Services.
(1) Confidentiality is imperative, as members share personal information about themselves and their loved ones here. Even though this is an anonymous platform, what is posted in the group stays in the group.
(2) Our goal is to provide support for one another. Compassion rather than criticism is the goal.
(3) To that end, we will not tolerate hateful or discriminatory comments of any kind.
No profane, defamatory, or violent language that is offensive will be tolerated. Content that attacks a specific group, is abusive, or is meant to seriously harass or threaten an individual may be removed from the group, as may any person who posts this type of content.
(4) It should go without saying the following types of posts are unacceptable and will not be allowed in the group:
(5) Efforts to collect private information about members without their express permission are prohibited.
(6) This group is not to be used as a means for self-promotion, including posts for businesses, subscription services, personal or organizational fundraisers, etc. Posts in violation of these guidelines will be deleted.
(7) The GUIDE App’s small groups were created for the purpose of providing community, support, and resources for your personal development journey. Posts that are political and explicitly partisan in nature do not align with that purpose. Our desire is that everyone pursuing personal growth will feel welcome in this group, regardless of their political affiliation or religious beliefs, and will feel safe to seek connection and support on their growth journey. We will remove posts that violate this guideline.
Again, welcome to your GUIDE support group – we hope your participation here will help to support and accelerate your personal growth journey.
Subject to these Terms, GUIDE grants you a limited, non-exclusive, revocable license for personal, non-commercial use of the Services.
The Services contain proprietary material and other intellectual property of GUIDE and its licensors. All right, title, and ownership in the Services is vested in GUIDE or its licensors, as applicable. You have licensed the rights to access and use the Services, but the Services are not owned by you, and you have no rights in the Services other than to use the Services in accordance with the Terms.
You agree you will not, nor assist or permit any third party to do any of the following:
(1) copy, reproduce, store, reverse-engineer, disassemble, de-compile, emulate, or modify the Services in any way whatsoever, or make derivative works of GUIDE’s Services; (2) use all or any part of the Services to create any software product that can be used to create software applications of any kind; (3) sell, distribute, lease, loan, make publicly available, or rent any of the Services, in whole or in part; or (4) use the Services in any way that violates the Terms in this agreement.
Whenever used in these Terms, the word “including” whether capitalized or not, means without limitation to the preceding phase.
Assignment of Terms
Indemnification
Waiver
Children’s Personal Data
Notice
Choice of Law and Venue
Entire Agreement
Severability