TERMSOF SERVICE
Lastupdated: 01/03/2024
1. Introduction
Welcome to Evolve Labs Inc d/b/aGuild Insights (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, pleasepause, grab a cup of coffee and carefully read the following pages. It willtake you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”)govern your use of our web pages located at guildinsights.com operated by Evolve Labs Incd/b/a Guild Insights
Our Privacy Policy also governs your use of our Serviceand explains how we collect, safeguard and disclose information that resultsfrom your use of our web pages. Please read it here www.guildinsights.com/privacy-policy.
Your agreement with us includes these Terms and ourPrivacy Policy (“Agreements”).You acknowledge that you have read and understood Agreements, and agree to bebound of them.
If you do not agree with (or cannot comply with)Agreements, then you may not use the Service, but please let us know byemailing at support@guildinsights.com so we can try to find a solution.These Terms apply to all visitors, users and others who wish to access or useService.
Thank you for being responsible.
2. Communications
By creating an Account on our Service, you agree to subscribe tonewsletters, marketing or promotional materials and other information we maysend. However, you may opt out of receiving any, or all, of thesecommunications from us by following the unsubscribe link or by emailing at.
3. Purchases
If you wish to purchase any product or service made available throughService (“Purchase”), you may beasked to supply certain information relevant to your Purchase including,without limitation, your credit card number, the expiration date of your creditcard, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use anycredit card(s) or other payment method(s) in connection with any Purchase; andthat (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose offacilitating payment and the completion of Purchases. By submitting yourinformation, you grant us the right to provide the information to these thirdparties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time forreasons including but not limited to: product or service availability, errorsin the description or price of the product or service, error in your order orother reasons.
We reserve the right to refuse or cancel your order if fraud or anunauthorized or illegal transaction is suspected.
4. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billedin advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual basis.
At the end of each Billing Cycle, your Subscription will automaticallyrenew under the exact same conditions unless you cancel it or Evolve Labs Inc d/b/a GuildInsights cancels it. You may cancel your Subscription renewal eitherthrough your online account management page or by contacting Evolve LabsInc d/b/a Guild Insights customer support team.
A valid payment method, including credit card, is required toprocess the payment for your subscription. You shall provide Evolve LabsInc d/b/a Guild Insights with accurate and complete billing informationincluding full name, address, state, zip code, telephone number, and a validpayment method information. By submitting such payment information, youautomatically authorize Evolve Labs Inc d/b/a Guild Insights tocharge all Subscription fees incurred through your account to any such paymentinstruments.
Should automatic billing fail to occur for any reason, Evolve Labs Inc d/b/a GuildInsights will issue an electronic invoice indicating that you must proceedmanually, within a certain deadline date, with the full payment correspondingto the billing period as indicated on the invoice.
5. FeeChanges
Evolve Labs Inc d/b/aGuild Insights, in its sole discretion and at any time, may modify Subscriptionfees for the Subscriptions. Any Subscription fee change will become effectiveat the end of the then-current Billing Cycle.
Evolve Labs Inc d/b/aGuild Insights will provide you with a reasonable prior notice of anychange in Subscription fees to give you an opportunity to terminate yourSubscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes intoeffect constitutes your agreement to pay the modified Subscription fee amount.
6. Refunds
Except when required by law, paid Subscription fees are non-refundable.
7. Content
Our Service allows you to post, link, store, share and otherwise makeavailable certain information, text, graphics, videos, or other material (“Content”). You are responsible forContent that you post on or through Service, including its legality,reliability, and appropriateness.
By posting Content on or through Service, You represent and warrantthat: (i) Content is yours (you own it) and/or you have the right to use it andthe right to grant us the rights and license as provided in these Terms, and(ii) that the posting of your Content on or through Service does not violatethe privacy rights, publicity rights, copyrights, contract rights or any otherrights of any person or entity. We reserve the right to terminate the accountof anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post ordisplay on or through Service and you are responsible for protecting thoserights. We take no responsibility and assume no liability for Content you orany third party posts on or through Service. However, by posting Content usingService you grant us the right and license to use, modify, publicly perform,publicly display, reproduce, and distribute such Content on and throughService. You agree that this license includes the right for us to make yourContent available to other users of Service, who may also use your Contentsubject to these Terms.
Evolve Labs Inc d/b/aGuild Insights has the right but not the obligation to monitor and editall Content provided by users.
In addition, Content found on or through this Service are the propertyof Evolve Labs Incd/b/a Guild Insights or used with permission. You may not distribute,modify, transmit, reuse, download, repost, copy, or use said Content, whetherin whole or in part, for commercial purposes or for personal gain, withoutexpress advance written permission from us.
8. ProhibitedUses
You may use Service only for lawful purposesand in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicablenational or international law or regulation.
(b) For the purpose of exploiting, harming,or attempting to exploit or harm minors in any way by exposing them toinappropriate content or otherwise.
(c) To transmit, or procure the sending of,any advertising or promotional material, including any “junk mail”, “chainletter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonateCompany, a Company employee, another user, or any other person or entity.
(e) In any way that infringes upon therights of others, or in any way is illegal, threatening, fraudulent, orharmful, or in connection with any unlawful, illegal, fraudulent, or harmfulpurpose or activity.
(f) To engage in any other conduct thatrestricts or inhibits anyone’s use or enjoyment of Service, or which, asdetermined by us, may harm or offend Company or users of Service or expose themto liability.
Additionally, you agree not to:
(a) Use Service in any manner that coulddisable, overburden, damage, or impair Service or interfere with any otherparty’s use of Service, including their ability to engage in real timeactivities through Service.
(b) Useany robot, spider, or other automatic device, process, or means to accessService for any purpose, including monitoring or copying any of the material onService.
(c) Useany manual process to monitor or copy any of the material on Service or for anyother unauthorized purpose without our prior written consent.
(d) Useany device, software, or routine that interferes with the proper working ofService.
(e) Introduceany viruses, trojan horses, worms, logic bombs, or other material which ismalicious or technologically harmful.
(f) Attemptto gain unauthorized access to, interfere with, damage, or disrupt any parts ofService, the server on which Service is stored, or any server, computer, ordatabase connected to Service.
(g) AttackService via a denial-of-service attack or a distributed denial-of-serviceattack.
(h) Takeany action that may damage or falsify Company rating.
(i) Otherwiseattempt to interfere with the proper working of Service.
9. Analytics
Wemay use third-party Service Providers to monitor and analyze the use of ourService.
GoogleAnalytics
GoogleAnalytics is a web analytics service offered by Google that tracks and reportswebsite traffic. Google uses the data collected to track and monitor the use ofour Service. This data is shared with other Google services. Google may use thecollected data to contextualise and personalise the ads of its own advertisingnetwork.
For moreinformation on the privacy practices of Google, please visit the Google PrivacyTerms web page: https://policies.google.com/privacy?hl=en
We alsoencourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Serviceis intended only for access and use by individuals at least eighteen (18) yearsold. By accessing or using any of Company, you warrant and represent that youare at least eighteen (18) years of age and with the full authority, right, andcapacity to enter into this agreement and abide by all of the terms andconditions of Terms. If you are not at least eighteen (18) years old, you areprohibited from both the access and usage of Service.
11. Accounts
When you create an account with us, you guarantee that you are above theage of 18, and that the information you provide us is accurate, complete, andcurrent at all times. Inaccurate, incomplete, or obsolete information mayresult in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your accountand password, including but not limited to the restriction of access to yourcomputer and/or account. You agree to accept responsibility for any and allactivities or actions that occur under your account and/or password, whetheryour password is with our Service or a third-party service. You must notify usimmediately upon becoming aware of any breach of security or unauthorized useof your account.
You may not use as a username the name of another person or entity orthat is not lawfully available for use, a name or trademark that is subject toany rights of another person or entity other than you, without appropriateauthorization. You may not use as a username any name that is offensive, vulgaror obscene.
We reserve the right to refuse service, terminate accounts, remove oredit content, or cancel orders in our sole discretion.
12. IntellectualProperty
Service and its original content (excluding Content provided by users),features and functionality are and will remain the exclusive property of Evolve Labs Inc d/b/a GuildInsights and its licensors. Service is protected by copyright, trademark,and other laws of the United States and foreign countries. Our trademarksand trade dress may not be used in connection with any product or servicewithout the prior written consent of Evolve Labs Inc d/b/a Guild Insights.
13. CopyrightPolicy
We respect the intellectual property rights of others. It is our policyto respond to any claim that Content posted on Service infringes on thecopyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and youbelieve that the copyrighted work has been copied in a way that constitutescopyright infringement, please submit your claim via emailto dmca@guildinsights.com, with the subject line: “Copyright Infringement”and include in your claim a detailed description of the alleged Infringement asdetailed below, under “DMCA Notice and Procedure for Copyright InfringementClaims”
You may be held accountable for damages (including costs and attorneys'fees) for misrepresentation or bad-faith claims on the infringement of anyContent found on and/or through Service on your copyright.
14. DMCANotice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to theDigital Millennium Copyright Act (DMCA) by providing our Copyright Agent withthe following information in writing (see 17 U.S.C 512(c)(3) for furtherdetail):
(a) an electronic or physical signature ofthe person authorized to act on behalf of the owner of the copyright'sinterest;
(b) a description of the copyrighted workthat you claim has been infringed, including the URL (i.e., web page address)of the location where the copyrighted work exists or a copy of the copyrightedwork;
(c) identification of the URL or otherspecific location on Service where the material that you claim is infringing islocated;
(d) your address, telephone number, andemail address;
(e) a statement by you that you have a goodfaith belief that the disputed use is not authorized by the copyright owner,its agent, or the law;
(f) a statement by you, made under penaltyof perjury, that the above information in your notice is accurate and that youare the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via emailat dmca@guildinsights.com
15. ErrorReporting and Feedback
You may provide us either directly at support@guildinsights.com orvia third party sites and tools with information and feedback concerningerrors, suggestions for improvements, ideas, problems, complaints, and othermatters related to our Service (“Feedback”).You acknowledge and agree that: (i) you shall not retain, acquire or assert anyintellectual property right or other right, title or interest in or to theFeedback; (ii) Company may have development ideas similar to the Feedback;(iii) Feedback does not contain confidential information or proprietaryinformation from you or any third party; and (iv) Company is not under anyobligation of confidentiality with respect to the Feedback. In the event thetransfer of the ownership to the Feedback is not possible due to applicablemandatory laws, you grant Company and its affiliates an exclusive,transferable, irrevocable, free-of-charge, sub-licensable, unlimited andperpetual right to use (including copy, modify, create derivative works,publish, distribute and commercialize) Feedback in any manner and for anypurpose.
The third party sites and tools mentioned above include the following:
FirebaseCrashlytics
Firebase Crashlytics is bug reporting service provided by GoogleInc.
You may opt-out of certainFirebase features through your mobile device settings, such as your deviceadvertising settings or by following the instructions provided by Google intheir Privacy Policy: https://policies.google.com/privacy?hl=en
For more information onwhat type of information Firebase collects, please visit the Google PrivacyTerms web page: https://policies.google.com/privacy?hl=en
16. LinksTo Other Web Sites
Our Service may contain links to third party web sites or services thatare not owned or controlled by EvolveLabs Inc d/b/a Guild Insights
Evolve Labs Inc d/b/aGuild Insights has no control over, and assumes no responsibility for thecontent, privacy policies, or practices of any third party web sites orservices. We do not warrant the offerings of any of these entities/individualsor their websites.
YOU ACKNOWLEDGE AND AGREE THAT Evolve Labs Inc d/b/a GuildInsights SHALL NOT BE RESPONSIBLE OR LIABLE,DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSEDBY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS ORSERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIESOF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN“AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS ORWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIRSERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOUEXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANYSERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATEDWITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THECOMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THESERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATEDWITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANYSERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICESOR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THESERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OFANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUTNOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESSFOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED ORLIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS'FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR ATTRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION ISINSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUSACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDINGWITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISINGFROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCALLAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLYADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IFTHERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THEAMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILLTHERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THEEXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
19. Termination
We may terminate or suspend your account and bar access to Serviceimmediately, without prior notice or liability, under our sole discretion, forany reason whatsoever and without limitation, including but not limited to abreach of Terms.
If you wish to terminate your account, you may simply discontinue usingService.
All provisions of Terms which by their nature should survive terminationshall survive termination, including, without limitation, ownership provisions,warranty disclaimers, indemnity and limitations of liability.
20. GoverningLaw
These Terms shall be governed and construed in accordance with the lawsof State of New York without regard to its conflict of lawprovisions.
Our failure to enforce any right or provision of these Terms will not beconsidered a waiver of those rights. If any provision of these Terms is held tobe invalid or unenforceable by a court, the remaining provisions of these Termswill remain in effect. These Terms constitute the entire agreement between usregarding our Service and supersede and replace any prior agreements we mighthave had between us regarding Service.
21. ChangesTo Service
We reserve the right to withdraw or amend ourService, and any service or material we provide via Service, in our solediscretion without notice. We will not be liable if for any reason all or anypart of Service is unavailable at any time or for any period. From time totime, we may restrict access to some parts of Service, or the entire Service,to users, including registered users.
22. AmendmentsTo Terms
We may amend Terms at any time by posting the amended terms on thissite. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revisedTerms means that you accept and agree to the changes. You are expected to checkthis page frequently so you are aware of any changes, as they are binding onyou.
By continuing to access or use our Service after any revisions becomeeffective, you agree to be bound by the revised terms. If you do not agree tothe new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition setforth in Terms shall be deemed a further or continuing waiver of such term orcondition or a waiver of any other term or condition, and any failure ofCompany to assert a right or provision under Terms shall not constitute awaiver of such right or provision.
If any provision of Terms is held by a court or othertribunal of competent jurisdiction to be invalid, illegal or unenforceable forany reason, such provision shall be eliminated or limited to the minimum extentsuch that the remaining provisions of Terms will continue in full force andeffect.
BYUSING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVEREAD THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
25. ContactUs
Pleasesend your feedback, comments, requests for technical support:
By email: support@guildinsights.com.
