Terms and Conditions

Terms and Conditions Last Updated February 13, 2023

Introduction

Welcome to the GUIDE App, a mobile application offering personal development practices and an anonymous platform for support from peers and trained guides (the “Content” and the “Service(s)”), owned and operated by Nlyten Corp with a mailing address at 201 Lackawanna Ave, Suite 223, Scranton, PA 18503 and at telephone number at (570) 291-7657. Access to the Content and Services is made available through our designated mobile application (the “App”). The Service also enables you to anonymously engage with other users through the App. Nlyten Corp and GUIDE may be collectively referred to herein as ”us”, “our”, and “we”.

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.

Using the App and Services

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.

Using the Services does not give you any ownership interest in any intellectual property rights in our Services or the Content.

The Services may display content posted by individual users, and this content is the sole responsibility of the individual making the content available. We may review content to determine if it is illegal or violates our community guidelines, policies, or procedures, and we will refuse to display or may remove content we believe violates the law or our policies. GUIDE does not necessarily review all of the content posted, and you should not assume we do.

As a result of your use of the Service, we may send you messages, administrative announcements, and other information. Some of these communications you can opt out of via the settings screen.

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.

Peer Support Platform Services

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.

Modifying and Terminating Services

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.

Our Content

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.

Your Content

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.

Digital Millennium Copyright Act

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:

- Description of the infringement alleged;
- Identification of the copyrighted material;
- Your name and contact information (phone number and email address; and
- A signed statement affirming you are the copyright owner OR affirming you are the person authorized to act on behalf of the copyright owner.

Warranties and Disclaimers

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.

Limits on Liability

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.

Community Guidelines

(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:

(a) Posts or comments containing offensive or illegal sexually explicit material;
(b) Discussion of illegal activity;
(c) Violations of copyright or intellectual property rights; and
(d) Spam, link baiting or files containing viruses that could damage the operation of other members’ computers or mobile devices.

(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.

The group moderators reserve the right to delete any content determined to be inappropriate, in poor taste, or otherwise contrary to the purposes of this group. If you notice unkind or unsavory content or comments on this page, please report the post.
If you believe there is a credible threat of violence between members or against the public, you should notify law enforcement and GUIDE.

Again, welcome to your GUIDE support group – we hope your participation here will help to support and accelerate your personal growth journey.

End-User License Agreement (EULA)

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.

General (Terminating Terms, Governing Law, Visiting From Outside the US)

Whenever used in these Terms, the word “including” whether capitalized or not, means without limitation to the preceding phase.

Assignment of Terms

- In the event of a merger, consolidation, bankruptcy, restructuring, reorganization, sale of substantially all interests or assets, or other similar transaction GUIDE may transfer its rights and obligations in these Terms to the subsequent owner or operator of the Services. You may not transfer your rights or obligations in these Terms. The Terms herein are personal to you and under no circumstances can a third party be entitled to benefit under these Terms except as delineated herein.

Indemnification

- You agree to indemnify and hold harmless GUIDE and its employees, contractors, representatives, officers, affiliates, directors, shareholders, members, managers, investors or agents from any and all claims, liabilities, costs, and expenses, including attorneys’ fees arising from any of the following: (1) negligent, reckless, or willful misuse of any of GUIDE’s Services; (2) your uploading of any message, content, code, software, information, or any other submission through the Services; (3) any claims by a third party for death, bodily injury, or damage to personal or real property caused by any action taken by you related to your use of the Services; or (4) your violation of any law or breach of these Terms. GUIDE reserves all rights to assume exclusive defense of any matter subject to indemnification by you, and in such case, you agree to fully cooperate with counsel assigned by GUIDE in defense of any such claim.

Waiver

- If there is any delay in exercising or a failure in exercising or enforcing any right available to GUIDE by these Terms or under any law, such delay or failure in no way constitutes a waiver of that legal right or rights under these Terms.

Children’s Personal Data

In accordance with the Children’s Online Privacy Protection Act of 1998, this Service, and any services available from it, are not directed to users under the age of 13. If you learn a user under the age of 13 provided us with their personal information without having parental or guardian consent, please contact us immediately so we can take appropriate action. If we learn we collected information from a child under the age of thirteen (13), we will take the necessary steps to delete the information as soon as reasonably possible.
There are a variety of parental control protections available that can help limit access to material that is harmful to minors. Some examples include: Software-based parental controls: Many operating systems, web browsers, and mobile devices offer built-in parental control settings that can be used to restrict access to certain types of content, set time limits for device usage, and monitor online activity. Internet filtering services: There are a number of internet filtering services that can be used to block access to websites and content that may be inappropriate for children. Some of these services offer customizable filtering options based on age, content type, and other criteria. Router-based controls: Some routers offer parental controls that allow you to filter internet traffic at the network level, restricting access to certain websites and content. Third-party parental control software: There are many third-party software programs available that can be installed on a computer or mobile device to provide additional parental controls and monitoring features. It’s important to note that no parental control protection is foolproof, and it’s still important for parents and caregivers to actively monitor their children’s online activities and talk to them about responsible internet use.

Notice

- Unless otherwise specifically indicated, notice is to be provided by you to us through the support@theguideapp.com email address. We may provide notice to you at the email address provided by you to our third party identity provider. Notice will be deemed received and service properly completed immediately when posted on the Services or when electronic communication is sent and proof of service via email will be sufficient when such email was sent to the email address of the addressee.
- Dispute Resolution/Arbitration Clause: Any controversies or disputes arising out of or relating to the Terms or the Privacy Policy shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association.

Choice of Law and Venue

The Terms and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Delaware without regard to any conflict of law rule or principle that would give effect to the laws of another jurisdiction.
Arbitration proceedings shall occur in the State of Delaware, and you and GUIDE hereby accept, generally and unconditionally, the exclusive jurisdiction of the aforesaid venue, and irrevocably agree to be bound by the arbitration decision.
- The decision rendered by the arbitrator(s) shall be final and binding on you and GUIDE, and judgment may be entered in conformity with the decision in any Delaware court having jurisdiction.

Entire Agreement

The Terms outlined in this document and any document expressly referred to herein constitute the entire agreement between you and GUIDE and supersedes all previous and subsequent discussions, negotiations, understandings, communications or agreement between you and GUIDE relating to the subject matter of the Terms. We each acknowledge neither party relies upon nor will have any remedy with respect to any representation or warranty that is not set out in these Terms.

Severability

- If any provision of the Terms is found to be unenforceable for any reason, then that provision will be severed from this agreement and not affect the validity and enforceability of any other provision.

Questions or Comments

If you have any questions about our Terms and Conditions, please contact us.