Terms of Use

Last updated: 26 March 2024

By accessing or using GAIDO, you agree to be legally bound by these GAIDO Terms of Use. Please read this document carefully before using GAIDO.

These GAIDO Terms of Use (the “Terms”) form a legally binding agreement by and between Gaido LLC having a registered place of business at 1401 21st Suite 6154, Sacramento, CA 95811, USA (the “Company”) and an individual user or an entity (“you”, “your”, and “User”) accessing or using the mobile software application entitled ‘Gaido’ and the related services (collectively, “GAIDO”).

These Terms apply to GAIDO only; they do not apply to any third-party software, websites, and services integrated with GAIDO. You must agree to all provisions of these Terms to be eligible to access or use GAIDO. If you do not agree with one or more provisions of the Terms, you are not allowed to use GAIDO.

The Account
Relationship between the Users, the Guides, and the Company
Fees and Payments
Non-Circumvention
Intellectual Property
Records of Compliance
Warranty Disclaimer
Limitation of Liability
Release
Indemnification
Term and Termination
Disputes between the Company and the Users
Final Provisions
Contact

The Account
Section 1 provides an overview of the requirements that you must meet before registering your Account on GAIDO.
1. Registration and acceptance. In order to access the full functionality of GAIDO, you must create a User account (the “Account”). During the registration process, you will be asked to submit your personal details, read our privacy policy, and accept these Terms. The Company reserves the right to decline registration of any Account for any reason whatsoever, at its sole discretion.
2. Account eligibility. By registering the Account, you acknowledge and agree that:
  1. You have read the documents specified in section 1.1 and agree to abide by them;
  2. You agree to comply with all applicable laws, including intellectual property laws;
  3. You have the capacity to conclude legally binding agreements;
  4. You will provide full, complete, and accurate information, including personal data, and agree to amend such information as soon as any change occur;
  5. You are solely responsible for any activity that occurs through your Account and shall not hold the Company liable in this regard, for any reason whatsoever;
  6. You will register a single Account (multiple Accounts registered by the same person or entity are not allowed); and
  7. You are a human individual or an individual acting on behalf of a business entity, and not a machine (machine-generated Accounts are not allowed).
3. Authorisation. If you act on behalf of a business entity in accepting these Terms or registering the Account, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to these Terms. By creating the Account and providing details of a business entity, you confirm that you are an authorised employee, contractor, or representative of the business entity. The Company shall not be responsible in any manner and bear no liability for your activities carried out without such authorisation.
4. Your Profile. To complete the registration of the Account, you will be requested to complete your User profile (the “Profile”). You acknowledge and agree the Profile may be visible to other Users and the Guides (as defined below). You must (i) provide true, complete, accurate, and up-to-date information when completing your Profile and (ii) update the Profile information as soon as any changes thereto occur. You are not allowed to provide any information about yourself or any third parties that is false, misleading, defamatory, or erroneous, including, without limitation, information about your identity and location. The Company does not verify the Profiles and, therefore, the Company is not responsible for the truthfulness, completeness, and accuracy of the said information. The Company reserves the right to suspend or terminate any Account that provides false or misleading information or otherwise violates any provision of these Terms. GAIDO provides general information about the Users and displays the Profiles as created by the Users. The Company does not endorse any Users and GAIDO features only a limited list of the available service providers in the given area.
5. Prohibited use. You are not permitted to use GAIDO in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
  - - Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
    - Fraud;
    - Provision of false, inaccurate, or misleading information;
    - Dissemination of information about the acts that may result in injuries and physical harm;
    - Posting of content that depicts or incites others to commit acts of violence or cause emotional distress to children;
    - Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
    - Advertising third-party goods and services;
    - Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
    - Spreading of ethnically, racially, or otherwise objectionable information;
    - Spreading of sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
    - Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
    - Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening GAIDO;
    - Interfering with or abusing other users of GAIDO;
    - Using bots, scripts, and other automated methods; and
    - Collecting and disclosing any information about other users of GAIDO.
6. Breach of the Terms. The Company reserves the right, at its sole discretion, to monitor Users’ use of GAIDO, including any message exchanged, for the purpose of enforcing the Terms. If the Company believes, at its sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, the Company may:
Relationship between the Users, the Guides, and the Company
Section 2 discusses the rules governing the relationship between the Company, the Users, and the Guides.
1. About GAIDO. The Company provides GAIDO for the purpose of facilitating transactions between individuals or entities (the “Guides”) offering in-person tours and virtual itinerary consultations (the “Services”) and Users wishing to order those services through GAIDO (collectively, the “Contractors”), including negotiating and concluding contracts governing the provision of the Services (the “Contracts”)
2. Contractors’ relationship with the Company. The Company does not intervene into the communication between the Contractors as well as negotiation, conclusion, and execution of the Contracts. Unless explicitly specified otherwise on GAIDO, the Company’s responsibilities with regard to the Contracts are limited to facilitating the availability of GAIDO. By using GAIDO, you acknowledge and agree that the Guide and not the Company is solely responsible for providing the Services under the Contracts and any information or warranties related thereto. The Company is not a party to the Contracts and, therefore, the Company will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Contracts and any transactions made between the Contractors as a result of their interactions through GAIDO. The Contractors are entitled to (i) enter into additional agreements governing the Contracts (e.g. non-disclosure agreements) and (ii) agree on the terms and conditions of the Contracts, provided that (i) the agreed terms shall not expand or amend these Terms and, (ii) in case there is a conflict between the terms of the Contract and these Terms, these Terms shall prevail. You hereby acknowledge and agree that the Guides are solely responsible for:
  1. Ensuring that they are qualified in providing the Services;
  2. Ensuring that the descriptions of the Services provided on GAIDO are true, accurate, correct, and up-to-date;
  3. Ensuring that the Services are provided in accordance with the provided specifications, standards of skill and care reasonably expected from a leading service provider in the Guide’s industry;
  4. Preparing, negotiating, concluding, and executing the Contracts; and
  5. Cooperating with the Company in any audits by providing information and records about the Contracts, invoices, tax returns, and other financial reports issued under the Contracts.
3. The Contracts. By concluding the Contracts through GAIDO, the User acknowledges and agrees that the User is purchasing the Services from the respective Guide and not directly from the Company, and the Guide is solely responsible for delivering those Services. Therefore, for any specifics or enquiries related to the Services, the User is requested to contact the respective Guide directly. The User is solely responsible for carrying out appropriate checks regarding the Guides, including, without limitation, their relevant trade and industry accreditations, qualifications, and availability schedule prior to concluding the Contracts. The Users agree to report any abuse related to the Contracts without undue delay to the Company. The Company reserves the right but is not under any obligation to investigate the reported abuse and impose proportional sanctions on the persons suspected to abuse. The Company shall not be responsible for any late or incorrect reporting of abuse.
4. Feedback. The Users are entitled to leave feedback about the Guides in a form of reviews, comments, indicators of satisfaction, or ratings (collectively, the “Feedback”). None of the references provided by the Company or the Users in relation to the Guides, including the Feedback, represents endorsement, certification or guarantee about any User, as well as the information or services provided by that User. The said references are based solely on unverified data that the Users voluntarily provide; the Company features references solely for the convenience of the Users. The Users acknowledge and agree that:
  1. Provision of the Feedback is essential for the efficiency of GAIDO, therefore, the Feedback must be submitted after completion of each Contract;
  2. The Feedback will be available to all Users of GAIDO and a part of it may also be visible to the general Internet public;
  3. The Feedback must not contain any false, misleading, defamatory or unlawfully disclosed information;
  4. The Company does not control, monitor, influence, contribute to or censor the Feedback;
  5. The Company is not responsible for the accuracy of the Feedback, even if the information in the Feedback violates the Terms;
  6. The Company reserves the right but is not under any obligation to remove the Feedback that, in Company’s sole judgement, violates the Terms or has an adverse effect on the reputation of GAIDO or Company’s business interests; and
  7. The Feedback cannot be used for making employment, credit, underwriting, or similar decisions regarding the Users.
5. Disputes between the Contractors. The Company is not responsible for any disputes that arise between the Contractors, nor is the Company obliged to receive or process complaints against the Users or the Guides, and resolve disputes between them, unless (i) the complaint concerns the performance of Company’s legal or contractual obligations under these Terms or (ii) the Company makes available its dispute resolution mechanism. In case the User intends to obtain an order from any arbitrator or any court that might direct the Company to take any action regarding the dispute, the User agrees to: (i) give the Company at least 10 (ten) business days notice of the hearing and (ii) pay to the Company in full the fees corresponding to the reasonable value of the services to be rendered pursuant to the order.
6. Confidentiality. The Contractors agree to keep in confidentiality and not to use, disclose or communicate in any manner any proprietary information about the Contracts and each other without prior authorisation. The Contractors further agree to keep in confidentiality all communication exchanged through the communication functionality available on GAIDO. On the disclosing party’s request, the receiving party shall promptly destroy or return all confidential information.
Fees and Payments
Section 3 describes the fees payable by the Users for the Services.
1. The Fees. As compensation for the provided Services, the Guides are entitled to the fees payable by the Users for each Contract (the “Fees”). When the User orders the Services through GAIDO, the User agrees to pay the Fees, as agreed under the Contract and in accordance with the Guide’s individual pricing policy. The Fees are payable by using third-party payment service providers made available on GAIDO (collectively, the “Payment Processors”). Should the User’s payment method be rejected or payment cancelled for any reason whatsoever, the Contract shall not commence. The Guides are entitled, but have no obligation, to provide discounts for the Fees. The discounts will be clearly indicated on GAIDO. The Fees indicated on GAIDO constitute the entire amount payable for the respective Services.
2. The Commission. Guides’ use of GAIDO is subject to the commission fees payable by the Guides under the GAIDO Terms and Conditions for Tour Guides.
3. Taxes. Unless indicated otherwise, the Fees include all applicable sales taxes (e.g., VAT, GST and other sales taxes).
4. Payment Processors. All payments related to GAIDO are processed by the Payment Processors. When you make a payment on GAIDO, the Payment Processors collect some personal data from you which allows them to make the payments requested by you (e.g., your credit card number, expiration date, billing address, and security codes). The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing. The Company does not have direct access to your full payment information – only a few details (e.g., your billing address) are made available to the Company. You are responsible for ensuring that all payment information is correct and the funds necessary for payment are available. You agree not to hold the Company liable for payments that do not reach the Company because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason.
5. Cancellations and refunds for in-person tours. The User may be entitled to receive a refund for the Fees paid in relation to in-person tours (the “Tours”), subject to the following terms:
  1. i.The User is entitled to a full refund of the Fees paid if the order for the Tours is cancelled within 24 hours from the time order was placed;
  2. ii.The User is entitled to a full refund of the Fees paid if the order for the Tours is cancelled due to a Force Majeure or the Client does not show in the scheduled Tours due to a Force Majeure event. Force Majeure events include, without limitation: acts of God; strikes; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; pandemics; and water floods;
  3. iii.The User is entitled to a full refund of the Fees paid less the Company’s service fees if the order for the Tours is cancelled 7 (seven) or more calendar days prior to the scheduled Tours;
  4. iv.The User is not entitled to a refund of the Fees paid if the User: (i) cancels the order for the Tours less than 7 (seven) calendar days prior to the scheduled Tours; or (ii) does not show up for the scheduled Tours; or (iii) breaches the Contract; or (iv) breaches these Terms.
6. Cancellations and refunds for virtual itinerary consultations. The User may be entitled to receive a refund for the Fees paid in relation to virtual itinerary consultations (the “Consultations”), subject to the following terms:
  1. i.The User is entitled to a full refund of the Fees paid if the order for the Consultations is cancelled within 24 hours from the time order was placed;
  2. ii.The User is entitled to a full refund of the Fees paid less the Company’s service fees if the order for the Consultations is cancelled more than 1 hour prior to the scheduled Consultations;
  3. iii.The User is not entitled to a refund of the Fees paid if the User: (i) cancels the order for the Consultations 1 hour or less prior to the scheduled Consultations; or (ii) does not show up for the scheduled Consultations; or (iii) breaches the Contract; or (iv) breaches these Terms.
7. No introduction. The Company does not engage in introducing the Users to the Guides and does not assist the Guides to secure projects on GAIDO. The Company merely makes GAIDO available for facilitating the communication and transactions between the Users and the Guides.
8. Expenses. Unless specified otherwise on GAIDO or agreed otherwise by the User, the User agrees to cover all reasonable expenses incurred with regard to the Services, including, without limitation, entrance and transportation fees, fees for the services provided by third parties, lodging and meals. Should the Contractors agree for the Guide to cover a part of such expenses, the Guide shall be solely responsible for providing evidence to the User of the expenses incurred (e.g., invoices).
Non-Circumvention
Section 4 discusses your obligation to make payments through GAIDO only. If you decide pay outside GAIDO, your Account may be suspended immediately.
1. Making payments through GAIDO. You hereby acknowledge and agree that (i) all payments for the Services must be made through GAIDO only, and (ii) your violation of this section 4.1 is a material breach of the Terms and, therefore, your Account may be permanently suspended. The said obligation is valid at all times when the communication or transactions are carried out by and between the Contractors through GAIDO.
2. Not sharing contact details. The Users must use GAIDO as a sole manner of communicating with Guides before entering the Contract. A violation of this section 4.2 is a material breach of the Terms and, therefore, your Account may be permanently suspended. Unless allowed otherwise on GAIDO, the Users are not allowed to:
  1. Provide contact details to a Guide or any other User. The term ‘contact details’ hereinafter should be understood broadly as a means to contact someone, including, without limitation, a phone number, email address, social media account, address, a link to a contact form, information about third-party communication tools like Skype, WhatsApp, WeChat, Facebook, Slack, or Viber;
  2. Use Guides’ contact details to attempt to or to contact, communicate with, solicit, or find the contact information about the Guide outside GAIDO;
  3. Provide, ask, or attempt to identify contact details of the Guides through public means; or
  4. Include your contact details into any proposal, job offering, description, message, invitation, or other pre-hiring communication.
Intellectual Property
Section 5 explains how the Company protects Company’s, your, and third parties’ intellectual property assets.
1. The Company’s Content. Most of the content available on GAIDO, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “Company’s Content”) is owned by the Company, its partners, agents, licensors, vendors, and/or other content providers. The Company’s Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from the Company, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the Company’s Content to third parties, or use any manual or automated means to scrape any content available on GAIDO.
2. Our brand. You may not use the brand, the word or figurative trademarks associated with GAIDO, the Company, or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that the Company sponsors, endorses, or associates with you without obtaining prior written consent from the Company.
3. Third-party intellectual property. Some of the intellectual property assets, such as third-party trademarks, featured on GAIDO may be owned by other third parties (the “Third-Party Content”). The Third-Party Content does not belong to the Company (although it may be licensed to the Company) and it remains the property of the respective third-party proprietors. You may not use any Third-Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of GAIDO. We do not guarantee that you will have access to the Third-Party Content at all times.
4. Your Content. By uploading any content onto GAIDO or creating any content by using GAIDO, (“Your Content”) you guarantee that you have the legitimate rights to use Your Content. You must not infringe any intellectual property rights of others when uploading or creating Your Content. You grant the Company unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, reproduce, and sell Your Content for the purposes of providing you with the requested services and carrying out Company’s legitimate business interests. You understand and agree that the Company has no obligation to monitor or review Your Content. The Company reserves the right, at its sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of GAIDO.
5. Copyright infringement claims (DMCA Policy). If you have any grounds to believe that any content available on GAIDO violates your or third party’s intellectual property rights, please contact the Company and express your concerns or request to remove the allegedly infringing content. The Company will reply to your copyright infringement claim as soon as possible but no later than 2 weeks. Please note that you may be liable for damages, including costs and attorney’s fees, if you materially misrepresent that material is infringing your copyright(s). Therefore, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may need to consult a lawyer. In order to write a proper copyright infringement notice, please perform the following steps:
  - - Identify with sufficient detail the protected work that you believe has been infringed;
    - Identify the material that, in your opinion, is infringing and provide sufficient information that permits us to locate the material;
    - Provide us with your contact details or the contact details of the person that submits the complaint (address, telephone number, and email address);
    - Add the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
    - Add the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
    - Sign the document; and
    - Send the document to us by email at [email protected] or by post at Gaido LLC, 1401 21st Suite 6154, Sacramento, CA 95811, USA.
6. Counter-notices (DMCA Policy). If your content is removed due to our notice and takedown procedure described in section 5.5 of the Terms and you believe the takedown was improper, you may file a counter-notification by email or regular mail. The Company would like to inform you that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that the takedown was improper. Therefore, in order to assess the takedown, you may need to consult a lawyer. To write a proper counter-notification, please perform the following steps:
  - - Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    - Specify your name, address, and telephone number;
    - Include the following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which you are located]”;
    - Include the following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
    - Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”;
    - Sign the document; and
    - Send the document to us by email at [email protected] or by post at Gaido LLC, 1401 21st Suite 6154, Sacramento, CA 95811, USA.
Records of Compliance
Section 6 states that you agree to make and keep all required records related to your use of GAIDO.
1. You agree to create and maintain records that document your compliance with the Terms, including, but not limited to, payment obligations. Upon request of the Company, you agree to provide copies of the said records to the Company or any third parties acting on behalf of the Company. You are solely responsible for creating, maintaining, storing, and backing up your records. Nothing in the Terms is construed as a requirement for the Company to (i) monitor or assess your compliance with the Terms or the terms of the Contracts or (ii) store, backup, retain, or grant access to the records.
Warranty Disclaimer
Section 7 disclaims all our warranties with regard to GAIDO.
1. The Company provides GAIDO on “as available”, “as is”, and “with all faults” bases. To the extent permitted by the applicable law, the Company does not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of GAIDO, any content featured on GAIDO, whether provided by the Company, the Users, the Guides, or by third parties, and hereby disclaims all warranties regarding GAIDO and its operation. It is your sole responsibility to verify and assess the fit for the purpose of GAIDO prior to using it and to decide whether or not GAIDO fits for the intended use. By using GAIDO, you acknowledge that the Company may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of the Company’s reasonable control. To the maximum extent permitted by law, the Company excludes any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers. Nothing in the Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
Limitation of Liability
Section 8 limits our liability with regard to GAIDO.
1. Unless otherwise excluded or limited by the applicable law, the Company will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of GAIDO, the Services, any content made available through GAIDO, whether provided by the Company, the Users, the Guides, or by third parties, or any transactions concluded through GAIDO.
Release
Section 9 states that you agree to release us from legal claims.
1. You hereby absolutely and unconditionally release and forever discharge the Company and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which you have had, now has or have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the time you start using GAIDO, whether such claims, demands and causes of action are matured or unmatured or known or unknown.
Indemnification
Section 10 explains that you agree to defend us against all claims.
1. You hereby agree to indemnify, defend, save, and hold harmless the Company, its members, officers, directors, and other agents from and against all claims, liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses which arise out of or are related to your use of GAIDO, the Services, violation of the rights of a third party, failure to perform as required, or result form conduct while engaging in any activity outside the scope of this the Terms before, during or after the termination of the Terms. This obligation of indemnification survives the expiration or termination of the Terms. You agree to cooperate with any and all litigation arising from or related to GAIDO or the Company, as appropriate.
Term and Termination
Section 11 explains when these Terms start and terminate, and whether they are subject to amendments.
1. Term. These Terms shall commence on the day the User accepts the Terms or starts using GAIDO, whichever earlier, and continue until the User ceases to use GAIDO (e.g. by deleting the Account), unless terminated or updated earlier by the Company.
2. Termination. The Company reserves the right, at its sole discretion with or without a notice to the User, to terminate these Terms.
3. Amendments. The Company reserves the right to modify the Terms at any time, effective upon posting of an updated version on GAIDO. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of GAIDO, or Company’s business practices. The Company will send you a notification (if it has your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing the Terms to stay informed. Your continued use of GAIDO after any changes shall constitute your consent to such changes. The Company also reserves the right to modify the GAIDO functionalities and features, as well the services provided through GAIDO at any time, at its sole discretion.
4. Account data on closure. Unless required otherwise by law, the Company shall disable your access to the Account and any data related thereto (including, without limitation, your messages) upon closure of the Account for any reason. The Company shall not have any liability whatsoever for your inability to access the Account and the said data.
5. Survival. After termination of the Terms, the provisions of the Terms that expressly or by their nature contemplate performance after the Terms terminate or expire will survive and continue in full force and effect.
Disputes between the Company and the Users
Section 12 explains how disputes can be resolved and which law governs these Terms.
1. Dispute resolution. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with the Company. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the binding arbitration services. This Section 12.1 does not affect any statutory rights that you are entitled to as a consumer.
2. Governing law. These Terms shall be governed and construed in accordance with the laws of California, the USA, without regard to its conflicts of law provisions.
Final Provisions
1. Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between the User and the Company regarding User’s relationship with the Company.
2. Waiver. A failure of either party to the Terms to enforce strictly a provision of the Terms shall in no event be considered a waiver of any part of such provision. No waiver by either party of any breach or default by the other party shall operate as a waiver of any succeeding breach or other default or breach by such other party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
3. Assignability. You are not allowed to assign your rights under these Terms. The Company is entitled to transfer its rights and obligations under the Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate the Terms with immediate effect by deleting the Account and ceasing to use GAIDO.
4. Severability. To the extent that any provision of the Terms is deemed unenforceable, all remaining provisions of the Terms shall not be affected thereby and shall remain in full force and effect.
5. Force majeure. The availability of GAIDO may be affected by factors, which the Company cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service Providers, or force majeure events; the Company takes no responsibility for the unavailability of GAIDO caused by such factors. The parties to the Terms will not be responsible for the failure to perform or any delay in performance of, any obligation hereunder for a reasonable period due to the factors mentioned in the preceding sentence.
6. Prevailing language. The English language version of the Terms will be controlling in all respects and will prevail in case of any inconsistencies with translated versions.
7. Interpretation. In these Terms, words in the singular include the plural meaning and words in the plural include the singular meaning.
Contact
Email: [email protected]

Postal address: Gaido LLC, 1401 21st Suite 6154, Sacramento, CA 95811, USA

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