Introduction
Welcome to Gaudio, your personal cultural companion. These Terms and Conditions ("Terms") govern your use of Gaudio's digital platforms, including our website ("Site"), mobile application ("App"), and related services (collectively, the "Gaudio Experience"). Mindmode GmbH (“Gaudio”, "we," "us," or "our") provides these services to enhance your cultural journeys.

By accessing or using any part of the Gaudio Experience, you agree to abide by these Terms. If you disagree with any part of the Terms, please refrain from using our services.

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We may update these Terms periodically. Any changes will be effective immediately upon posting on our Site. We'll notify you of significant changes by displaying a prominent notice on our Site and App for at least 7 days. Your continued use of the Gaudio Experience after changes are posted constitutes your acceptance of the revised Terms.

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Our Service
Gaudio offers a platform that enriches your cultural experiences through personalized guided tours, custom avatars, and interactive content. We strive to make every cultural journey memorable and educational.

We continuously work to improve our experience. As such, we may add, modify, or remove features at any time without prior notice.

 

Your Gaudio Account
To fully enjoy the Gaudio Experience, you'll need to create an account. When doing so, you agree to:

1. Provide accurate and up-to-date information

2. Keep your login credentials confidential

3. Promptly update your account details if they change

4. Accept responsibility for all activities occurring under your account

We reserve the right to suspend or terminate accounts that violate these Terms or our Community Guidelines.

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Age Requirements and COPPA Compliance
To use the Gaudio Experience, you must be at least 13 years old. Children under 13 may use the service if enabled by a parent or legal guardian. If you're under 18, you must have your parent or guardian's permission to use Gaudio and agree to these Terms. We do not knowingly collect personal information from children under 13 without verifiable parental consent. If we learn we have collected personal information from a child under 13 without parental consent, we will promptly delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello@gaudio.ai

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Additional Terms
Some of our Services may have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

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Your Representations and Warranties
By using the Gaudio Experience, you affirm that:

1. Your use complies with these Terms and all applicable laws in your jurisdiction.

2. You will adhere to regulations concerning online behavior and content sharing.

3. You possess the necessary rights for any content you share through our platform.

4. You are not subject to any sanctions or restrictions that would prohibit your use of our services.

 

Sharing Content on Gaudio
When you share reviews, photos, or other materials ("User Content") on our Gaudio community, you grant us a worldwide, royalty-free, perpetual license to use, modify, and distribute this content in connection with our services. This license allows us to:

1. Incorporate your content into our platform

2. Use your content to improve our services

3. Share your content with other users as part of the Gaudio Experience

You maintain ownership of your content. However, by sharing content, you confirm that you have the right to grant us this license, and you understand that this license cannot be revoked once your content is shared on our platform. Please note that other users may be able to view and interact with your shared content, and neither Gaudio nor other users are obligated to maintain the confidentiality of publicly shared content.

 

Content Restrictions
To maintain a positive environment, you agree not to share content that:

1. Is harmful, offensive, or violates others' rights

2. Could interfere with other users' enjoyment of Gaudio

3. Violates our Community Guidelines

4. Could expose Gaudio or its users to potential harm or liability

We reserve the right to remove any content that violates these terms. Our content moderation team actively monitors the platform and uses both automated tools and human reviewers to enforce our guidelines. If your content is removed, you will be notified via email with the reason for removal and instructions on how to appeal the decision if you believe it was made in error.

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Protecting Gaudio
You agree to defend and indemnify Gaudio, including our team members and partners, against any claims or damages arising from:

1. Your use of the Gaudio Experience

2. Any misrepresentation you make to us

3. Your violation of these Terms

4. Any claim that content you provided infringes on others' rights

This protection includes covering any legal fees incurred in defending against such claims.

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App Usage Terms
When you download and use the Gaudio app, we grant you a limited, non-transferable license to use the app on your personal device. This license prohibits:

1. Attempting to access or modify the app's source code

2. Reverse engineering or decompiling the app

3. Transferring your license to others

Gaudio retains all intellectual property rights related to the app.

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Special Conditions for App Store Downloads
If you download our app from the Apple App Store, you acknowledge that:

• These Terms are an agreement between you and Gaudio, not Apple.

• Apple is not responsible for the app or its content.

• Apple has no obligation to provide maintenance or support for the app.

• In case of app failure, you may notify Apple for a refund of the purchase price, if applicable.

• Apple is not responsible for addressing any claims related to the app or your use of it.

• In the event of third-party intellectual property infringement claims, Gaudio, not Apple, will be responsible for addressing them.

• You must comply with all applicable third-party terms when using the app.

• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

In-App Purchases and Subscriptions
Gaudio may offer premium features or content through in-app purchases or subscriptions. By making such purchases, you agree to the following:

• Auto-renewing subscriptions will continue until cancelled in your account settings.

• Prices for virtual items or currency may change without notice.

• Virtual items or currency have no real-world value and cannot be transferred or redeemed for real money.

• Gaudio may modify or eliminate virtual items or currency at any time.

• You are responsible for all charges incurred on your account, including applicable taxes.

To manage, change, or cancel your subscription, please log into your Gaudio account and follow the provided instructions.

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Financial Transactions and Payment Processing
All financial transactions related to the Gaudio Experience are processed by trusted third-party payment processors. These processors operate under their own terms of service, privacy policies, and payment conditions. We encourage you to review these policies to understand how your data is handled and protected. Gaudio is not responsible for any issues arising from the actions or inactions of these payment processors, including system downtime or service interruptions. We only share necessary information with these processors to complete your transactions securely.

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Refund Policy
As a general rule, all payments made for Gaudio services are non-refundable. This includes virtual items and partially used subscription periods. However, Gaudio may consider refunds or credits on a case-by-case basis, at our sole discretion. The granting of a refund in one instance does not create an obligation for future refunds. If you cancel a subscription, you'll retain access to the service until the end of your current billing period.

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External Links and Third-Party Content
The Gaudio Experience may contain links to external websites, services, or offers that are not owned or controlled by Gaudio. We do not endorse or take responsibility for any third-party content, products, or services. Your use of such external resources is governed by their respective terms and policies, not by Gaudio's Terms and Conditions or Privacy Policy.

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Gaudio may include advertisements within its service. These may be tailored based on the content or information within the Gaudio Experience. By using our service, you agree that Gaudio and its partners may display such advertising in connection with your content or that of other users.

 

Disclaimer of Warranties
The Gaudio Experience, including all content, features, and functions, is provided on an "as is" and "as available" basis. Gaudio and its partners make no representations or warranties of any kind, express or implied, regarding the service. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

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We do not guarantee the accuracy, availability, completeness, or error-free operation of the service. The Gaudio Experience may be unavailable during peak times, system upgrades, or maintenance periods. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

Limitation of Liability

To the fullest extent permitted by law, Gaudio shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising from your use of the Gaudio Experience. This includes, but is not limited to:

• Loss of profits or data

• Business interruption

• Cost of substitute services

• Damages to your device or software

Gaudio's total liability for any claim arising from the use of our service is limited to the amount you paid, if any, for the service in the 12 months preceding the claim. This is an aggregate limit and will not increase regardless of the number of claims.

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You acknowledge that we have set our prices and entered into these Terms based on these limitations of liability, which allocate risk between us and form an essential basis of our agreement.

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Account Termination
You may stop using Gaudio at any time by following these steps to delete your account:

• Log into your Gaudio account.

• Navigate to the account settings page.

• Select the "Delete Account" option.

• Follow the on-screen instructions to confirm your decision.

Before deleting your account, you have the option to download a copy of your data. Once the deletion process is completed, your account and all associated data will be permanently removed from our systems. If you've deleted your account by mistake, contact us immediately at hello@gaudio.ai – we'll try to help, but we can't guarantee we can recover or restore anything. Gaudio may also terminate or suspend your account for any reason at our discretion, including breach of these Terms. We will try to provide advance notice before terminating your account to allow you to retrieve important content, unless we determine it's impractical, illegal, or potentially harmful to do so.

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Intellectual Property Rights
All content available through the Gaudio Experience, including designs, text, graphics, audio, and their arrangement, is the proprietary property of Gaudio or its licensors. You may not modify, copy, distribute, or sell any part of this content except as expressly permitted by these Terms.

Any data, information, or materials generated from your use of the Gaudio Experience, including user-generated content, reviews, or cultural insights ("User-Generated Materials"), shall be owned by Gaudio. By using our service, you assign to Gaudio all rights, title, and interest in these User-Generated Materials.

You may not use data mining, scraping, or similar data extraction methods to obtain content from the Gaudio Experience. All rights not expressly granted in these Terms are reserved by Gaudio and its licensors.

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Trademarks and Intellectual Property
"Gaudio" and all related logos, graphics, and service marks used in connection with the Gaudio Experience are trademarks or registered trademarks of Gaudio Inc. or its affiliates. Your use of our service does not grant you any right or license to reproduce or use Gaudio's trademarks, logos, or service marks.

 

Privacy Policy
Your use of the Gaudio Experience is also governed by our Privacy Policy. By using our service, you acknowledge and agree to the terms outlined in our Privacy Policy.

 

Messaging and Communications
By using Gaudio, you agree to receive communications from us, including emails and in-app messages. These may include welcome messages, service updates, and information we believe may be relevant to you. You can manage your communication preferences in your account settings.

 

Promotional Offers
Gaudio may occasionally offer promotional codes or special offers ("Promotions") for our services. Unless otherwise stated, these Promotions are subject to the following terms:

• Eligibility: Promotions may be limited to new users or specific user groups.

• Usage: Each promotional code can only be redeemed once per user.

• Expiration: Promotions may have expiration dates or redemption limits.

• Modifications: Gaudio reserves the right to modify or terminate any Promotion at any time.

• Transferability: Promotions are non-transferable and cannot be resold.

• Combination: Promotions may not be combined with other offers unless explicitly stated.

Gaudio may offer different types of Promotions, including but not limited to:

• Discounts on virtual items or premium features

• Extended free trials of premium services

• Prepaid access to premium content

For Promotions involving free trials, you may be required to provide payment information. Unless you cancel before the trial period ends, you will automatically be enrolled in the paid service at the end of the trial.

Gaudio reserves the right to invalidate any Promotion used in violation of these terms and to terminate associated services without refund.

 

Copyright Infringement Notices

• If you believe that any content available through our experience infringes upon your copyright, please submit a notification to us with the following information:

• A physical or electronic signature of the copyright owner or authorized representative

• Identification of the allegedly infringing content

• Your contact information (address, phone number, email)

• A statement of your good faith belief that the use is not authorized

• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

 

Send copyright infringement notices to:

Mindmode GmbH Email: hello@gaudio.ai

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If you believe content was removed in error, you may submit a counter-notice with:

Your physical or electronic signature

Identification of the removed content and its original location

A statement of your good faith belief that the content was removed by mistake or misidentification

Your contact information and consent to jurisdiction of the federal court in Schwyz

We will forward any counter-notices to the original claimant. By submitting a counter-notice, you consent to having your information shared in this manner.

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Jurisdiction and Applicable Law
The present Terms & Conditions and contracts are subject to Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The jurisdiction is Switzerland, 6440 Brunnen, SZ.

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Changes to These Terms
Gaudio reserves the right to modify these Terms and Conditions at any time. We will notify users of any significant changes by posting a notice on our website or within the app. Your continued use of the Gaudio Experience after such modifications constitutes your acceptance of the updated Terms and Conditions.

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Dispute Resolution and Arbitration
These Terms and Conditions shall be governed by and construed in accordance with Swiss law, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or in relation to these Terms and Conditions, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Law.

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Class Action Waiver
You and Gaudio agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

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Governing Language
This agreement was originally written in English. If a translated version conflicts with the English version, the English version shall prevail.

 

For European Union Consumers
If you are a consumer in the European Union, you may have additional rights under the EU Consumer Rights Directive.

 

These Terms and Conditions will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.

 

Last revised on 1st of August 2024