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Terms of use

The following are the General Terms and Conditions (hereinafter “GTC”) for guidable. We attach great importance to the protection of your personal data. Please also note our privacy policy and measures to protect your privacy. These are part of these terms and conditions.

  1. Description of services Type and scope of the services of guidable, validity of these General Terms and Conditions.

    1. guidable is a provider of city tours and scavenger hunts (“tours”) via smartphone. The provider makes electronic tools (group function, tour search, audio playback, navigation, online maps, etc.) available so that users can search for and complete tours and individual “stories”.

    2. Users have the option of displaying all tours in a city as a list and as a route on a map in the tours overview and filtering them according to various criteria.

    3. All stories are displayed together on the “Discover” map. These can be filtered according to different criteria

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    4. The group function allows users to synchronize content across multiple devices. To do this, a QR code can be created in the app, which the other users scan and the content is then synchronized

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    5. Depending on the location, content is automatically played back to the user as required

    6. In addition to the free use of the platform, it is possible to purchase access to so-called “premium tours” from the provider on the platform. 

    7. Content has been created and published by professional authors, tour providers, specialist publishers, private individuals and/or with the support of AI tools.

    9. In principle, no registration is required to use the platform. However, not all functions and/or only limited content are available to non-registered users.
       

  2.  Operator and scope of application

    1. The operator of the platform and therefore the contractual partner of the users of this platform is guidable UG (haftungsbeschränkt) (hereinafter: Provider).


guidable UG (limited liability)

Spreeufer 3
10178 Berlin
Germany

E-mail: hello@guidable.com

Register court: Charlottenburg Local Court
Register number: HRB 239006 B
Value added tax identification number according to § 27a UStG: DE351407044

3. costs of using the services of guidable

  1. guidable provides the user with a large part of its services free of charge. A basic distinction is made between free content and premium content

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  2. The costs for premium content are regulated on the page guidable.com/premium. As soon as the user wishes to make use of fee-based services from guidable, he/she will be informed of this separately and explicitly confirms the use through a purchase process.

  3. Purchase of “premium tours” from the provider

    1. Conclusion of contract, formation of the contract: If the User wishes to purchase premium tours on the Platform for a fee, he/she can place the binding order on the Platform as part of the tour description or purchase the premium tours in the App Store or Google Play Store via the Provider's app. With regard to the purchase of premium tours in the App Store, the Apple GTC apply in addition to these GTC, which can be found here: http://www.apple.com/legal/internet-services/itunes/de/terms.html. With regard to purchases of premium tours in the Google Play Store, the Google Play Store T&Cs apply in addition to these T&Cs, which you can find here: https://play.google.com/intl/de_de/about/play-terms.html 

    2. The following applies to purchases on the Provider's platform: By posting the Premium Tours, the Provider makes a binding offer to conclude a contract for these services

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    3. Once the user has decided on a premium tour, they can select it by clicking on the [Activate premium tour] button and will then be directed to an overview of their order and on to the "Select payment method" page. The selection can be canceled by clicking the [Back] button. On the page „Select payment method“ the total price of the order is displayed. To complete the purchase, the user must select a payment method. Depending on the payment method selected, the user must either enter their credit card details and click on the [Buy] button, whereby the purchase contract becomes legally binding, or they will be redirected to PayPal, where the contract becomes legally binding upon confirmation of the payment instruction to PayPal.

    4. Saving the order: The provider saves the order and the order data entered. The Provider shall send the User an order confirmation/invoice with all order data and the GTC by email. The User can also view their past orders in their profile at any time.

    5. Legal warranty rights: The statutory warranty rights apply to consumers for the provider's goods.

    6. Withdrawal policy: If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and are acting in the course of your commercial or self-employed activity when concluding the contract, the right of withdrawal does not apply.  
       

  4. Conclusion of the contract of use

    1. By using guidable and the information obtained via guidable, the user accepts the guidable Terms of Use and these General Terms and Conditions.

    2. In order to use the group function and consume premium content, registration is required. As part of the registration process, the user enters their personal email address and a password of their choice (at least 8 characters, one capital letter, one number and one special character). guidable then sends the user an email to verify the email address with an activation code. With this e-mail, the provider makes an offer to conclude a contract of use. The user accepts this offer by clicking on the activation link, confirming that they have read the GTC and then clicking on [Accept]. The member account is then activated and can be used in full. The Provider reserves the right to refuse registration without having to give any reason.

    3. All information can be changed or supplemented by the user at any time, including in the profile settings. The information provided by the user is not publicly visible.

    4. Each user may only register once and only create one user profile.

    5. There is no legal entitlement to register as a user of guidable's services. Therefore, guidable reserves the right to reject a requested registration by notifying the user accordingly without stating reasons.

    6. By successfully completing the initial registration process, the user submits an offer to conclude a contract for the use of guidable's services. guidable accepts this offer by activating the user's access to guidable's services.

    8. If the registration process is not completed in full, guidable shall be entitled to irreversibly delete the incompletely registered account, including all information provided by the user up to that point.

    10. Alternatively, registration can also take place via Google Login
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  5. Contract duration

    1. The contract between the User and the Provider is concluded for an indefinite period. The contract may be terminated by either party at any time by notice in text form

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    2. The right to block member accounts remains unaffected by this.
       

  6. Withdrawal instructions for consumers
     

    1. If the user registers with guidable for a purpose that cannot be attributed to his commercial or independent professional activity, the following provisions apply to him as a consumer within the meaning of the law (§ 13 of the German Civil Code):

    2. The user may withdraw from the contract in text form (e.g. letter, e-mail) within 14 days without giving reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our information obligations Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations in accordance with § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to:

      guidable UG (limited liability)
      Spreeufer 3
      10178 Berlin
      Email: hello@guidable.com
       

    3. In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If the user is unable to return to guidable the service received in whole or in part or only in a deteriorated condition, the user must compensate guidable for the loss in value. This may mean that the user must nevertheless fulfill the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the user with the dispatch of the revocation declaration, for guidable with its receipt.

    4. The user's right of withdrawal shall expire prematurely if the contract has been completely fulfilled by both parties at the express request of the user before he has exercised his right of withdrawal.

— End of the withdrawal policy —

7. ÄÄnderung des Leistungsumfangs von guidable

  1. guidable reserves the right to change, expand, restrict or discontinue the content, graphics and/or functionality of the guidable website and/or the solutions offered by guidable at any time. The same applies to the services offered by guidable.

8. Time availability

    1. The user acknowledges that guidable cannot technically guarantee the uninterrupted availability of its own website, the services of third parties and the individual services of guidable (in particular in the form of the GPS signal and the reloading of data via the user's mobile phone connection) and that the user has no claim against guidable for such permanent availability. In particular, guidable reserves the right to restrict or temporarily suspend its services for maintenance, security or capacity reasons at the discretion of guidable.

9. automatic playback, usage data 

  1. The guidable application is particularly attractive because the user is shown the most individualized content possible at the right time. For this purpose, “usage data” (e.g. in the form of ratings, text and GPS tracks) is stored. The reference of usage data to the account of a registered user is hereinafter referred to as “personal usage data”. 

  2. If a user activates the guidable application on their mobile device and thus initiates the upload of the tour data collected by the GPS system to the guidable system, the user consents to this data being analyzed, processed and stored in the guidable system:

  3. a) The personal usage data referred to in section 9.1 will be analysed in order to be able to provide users with increasingly individualized tour planning automatically in the future and then stored in guidable's system in relation to this user. The user has the option of deleting the personal usage data by giving notice.

  4. In contrast, the usage data referred to in section 9.1 is analyzed, processed and stored anonymously in guidable's system regardless of the identity of the respective user. The purpose of collecting and storing this anonymized usage data is to continuously check, update and improve the information content of the data provided by guidable for other users.

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  5. Unless the user specifies otherwise, the aforementioned personal usage data of the respective user is not accessible or viewable by ordinary visitors to the website of guidable or third parties, nor by already registered users of the services of guidable.

10. obligations of the user

  1. Keeping access data secret
    The user must in particular ensure that the access data does not fall into the hands of third parties who could then use the member account. To protect against unauthorized access by third parties, the password should be changed at regular intervals.

  2. Failure to take action
    The user undertakes to refrain from all actions that are likely to impair the functionality of the platform and the services of guidable, in particular to place a burden on the user.

11. content from partners and third parties

  1. guidable assumes no responsibility or liability for the content that third parties, in particular Creators and Partners, upload to the guidable system or forward via the guidable system and via the websites of guidable or third parties, including the end devices connected to them (in particular mobile phones).including the connected end devices (in particular mobile telephones) are publicly accessible or can be accessed by other users. In particular, guidable does not guarantee that the content provided by a user for use by other users is accurate and complete.

  2. The Creator warrants that it is the owner of all necessary rights to the content it posts on the guidable platform. Accordingly, the creator indemnifies guidable from all such claims that third parties (including state institutions) assert against guidable because the aforementioned content is unlawful, in particular because it violates the property rights (e.g. copyrights or rights to one's own image) of the third party asserting the claim. This indemnification obligation of the user also includes the costs of legal defense incurred by guidable in this respect up to the amount of the applicable statutory fees.

  3. guidable makes third-party content such as images and related information provided by third parties accessible to users. In addition, the user has access to further third-party content that is made available in guidable. guidable assumes no responsibility for the accuracy or completeness of this information provided by third parties. The use of third-party content may be subject to additional terms and conditions, which the user can view in each case.

  4. guidable may contain translations from deepl, Google or similar providers. These providers disclaim all warranties with regard to the translations, express or implied, including warranties of accuracy, reliability and any implied warranties of merchantability, fitness for a particular purpose and non-infringement.

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12th principle of individual responsibility

  1. The user is aware that he/she must make a careful decision, taking into account his/her personal abilities and equipment as well as the respective weather conditions, as to whether and, if so, which of the tours provided by guidable he/she chooses for his/her activities. Accordingly, guidable assumes no responsibility or liability for ensuring that the user has sufficient (physical) fitness to undertake or ride the tour selected by him/her.

  2. the equipment carried by the user is suitable for walking or riding the tour selected by the user;

  3. the weather conditions allow the tour selected by the user to be walked or ridden without any significant risk, i.e. without any risk to the life, limb or health of the user over and above the general risk to life;

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  5. Information about the route and current location is accurate.

  6. The user is also aware that individual tours suggested by guidable may be subject to temporary or longer-lasting closures (e.g. by the local authorities due to festivals, reconstruction work, etc.) for whatever reason. It is therefore the sole responsibility of the user to pay sufficient attention to official (governmental) instructions regarding the closure of a tour and warnings (e.g. on the Internet, radio and TV) and to act accordingly.

  7. In addition, the user must comply with the local rules in the public domain, in particular those of the road traffic regulations.

13. liability of guidable

  1. The provider shall be liable subject to the following limitations in accordance with the statutory provisions: If the User's damages result from the loss of data, the Provider shall not be liable for this if the damages could have been avoided by the User regularly and completely backing up all relevant data. The liability of the provider for damages that are not typical for the contract or unforeseeable is excluded. This does not apply if the damage affects life, limb or health, was caused intentionally or through gross negligence, results from the non-existence of a guaranteed quality or from the culpable breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract;The fulfillment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations). Liability under the Product Liability Act shall also remain unaffected.

  2. The Provider, however, shall not be liable for the accuracy, quality, completeness, reliability, nature and quality or credibility of the content posted by the Members. This does not constitute an opinion of the provider; in particular, the provider does not adopt the content of the members as its own. The provider is also not liable for the conclusion, execution and handling of the contracts between the members. It merely provides the platform for the purpose of mediation.

  3. The provider is not liable for the accuracy or currency of the tour information, historical content, descriptions, maps, GPS tracks, navigation, the accessibility and accessibility of the routes, refreshment stops, etc.. Walking and driving on the tours described on the platform is at your own risk.

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