Terms and Conditions
Effective Date: 14/04/2025
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Welcome to GuTravel (hereinafter referred to as "we", "us", "our", or "the Application"). These Terms and Conditions govern your access to and use of our application and related services.
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1. Acceptance of Terms
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By downloading, installing, accessing, or using the Application, you ("you", "User") agree to be bound by these Terms and by our Privacy Policy https://www.gutraveloficial.com/es/privacy-policy . If you do not agree with any of these Terms or the Privacy Policy, you must not download, access, or use the Application.
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2. Service Description
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GuTravel is an application designed to act as an intelligent travel guide. The main functionality consists of:
a) The User uploads a photograph to the Application.
b) The User selects filters to refine the query.
c) The photograph and prompts are sent to a third-party application programming interface (API) (currently, Google Gemini) for analysis and processing.
d) The API returns information related to the photograph, formatted as a travel guide or relevant informational content.
e) Processed photographs and generated guides are stored in the User's account history within the Application (using Supabase) for later reference.
The Services also include user account management (via login with Google, Apple, or email/password managed by Supabase), usage analysis (through Google Analytics), displaying advertisements (through Google AdMob) to allow users to obtain tokens, and the ability to make in-app purchases (managed by Apple).
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3. User Accounts
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To access certain features of the Application, such as history, you must register and create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your password and any other credentials used to access your account. You are solely responsible for any activity that occurs under your account, whether or not authorized by you. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate your account if the information provided is inaccurate, false, or violates these Terms.
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4. License to Use
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Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download, install, and use the Application on a mobile device that you own or control, solely for your personal, NON-COMMERCIAL use.
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5. User Content
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You retain all ownership rights to the photographs you upload to the Application ("User Content"). However, by uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify (e.g., for formatting), process (including sending to the Gemini API), store (on Supabase for your history), and display your User Content, solely to the extent necessary to operate, provide, and improve the Services for you. This license terminates when you delete your User Content or your account, subject to the limitations described in our Privacy Policy regarding backups or legal retention.
You represent and warrant that: (i) you are the owner of the User Content or have all necessary rights, licenses, consents, and permissions to grant us the foregoing license; and (ii) your User Content and our use thereof as permitted by these Terms will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, or any other rights, nor violate any applicable law or regulation.
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6. Restrictions on Use
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You agree not to do, and not to permit others to do, any of the following:
a) Modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to extract the source code of the Application or any part thereof.
b) Copy, distribute, rent, lease, lend, sell, sublicense, or otherwise transfer the Application or your rights under these Terms.
c) Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained in or on the Application.
d) Use the Application for any illegal, fraudulent, or unauthorized purpose, or in any manner that violates these Terms.
e) Upload any User Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or objectionable on racial, ethnic, or other grounds.
f) Interfere with or disrupt the operation of the Application or the servers or networks connected to it.
g) Use the Application in a manner that could damage, disable, overburden, or impair our Services or interfere with any third party's use and enjoyment of the Application.
h) Attempt to gain unauthorized access to the Application, other accounts, computer systems, or networks connected to the Application.
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7. Third-Party Services and AI-Generated Content
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a) Dependency on Third Parties: The Application relies on services provided by third parties, including, but not limited to, Google (for Gemini AI, Analytics, AdMob, Login), Supabase (for backend and database), Apple (for Login), and Apple (for payments). You acknowledge that the availability and operation of the Application may depend on these third parties. We are not responsible for the performance, availability, privacy policies, or practices of these third-party services. We accept no liability for any loss, direct or indirect, that you may suffer as a result of failures, errors, or unavailability of these third-party services, or from relying on the information or functionality provided through them.
b) AI-Generated Content (Gemini): The information and travel guides generated by the Gemini API are provided "as is" and solely for informational purposes. We make reasonable efforts to use the API effectively, but we do not guarantee the accuracy, completeness, reliability, suitability, or timeliness of the information generated by the AI. The generated content may contain errors, omissions, or outdated information. You acknowledge that such content does not constitute professional advice (whether travel, legal, financial, or otherwise) and you should not rely on it as such. You use the AI-generated information at your own risk. We disclaim all liability for any decisions or actions taken by you based on the AI-generated content.
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8. In-App Purchases and Plans
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The Application may allow you to purchase "plans" or other virtual goods ("In-App Purchases") through payment processor (Apple). These purchases are governed by Apple's terms and the policies of the relevant app store (App Store, Google Play). Plans may be necessary to access certain features or perform a certain number of photo processings. You may also have the option to obtain tokens by watching ads provided by Google AdMob.
Tokens are a limited license to use certain features of the Application, have no real monetary value, are non-transferable, and cannot be redeemed for cash.
All In-App Purchases are final and non-refundable, except where required by applicable law. We may manage, regulate, control, modify, or eliminate tokens, plans, or other virtual goods at any time, with or without notice. We shall have no liability to you or any third party if we exercise such rights.
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9. Intellectual Property
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The Application, including its source code, design, graphics, user interface, features, functionality, and all associated trademarks, service marks, and trade names (e.g., "GuTravel"), are and will remain our exclusive property and/or that of our licensors. These Terms do not grant you any rights to our intellectual property, except for the limited license to use the Application as described in Section 4. You are expressly prohibited from using our trademarks or any element of the Application in any way not explicitly permitted by these Terms.
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10. Privacy
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Our collection and use of your personal information in connection with the Application is described in our Privacy Policy https://www.gutraveloficial.com/es/privacy-policy .
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11. Termination
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We may suspend or terminate your access to the Application and the Services, at our sole discretion, at any time and for any reason, including, but not limited to, if you breach these Terms. You may stop using the Application at any time and delete it from your device. Upon termination, whether by you or by us, the rights and licenses granted to you under these Terms will cease immediately. Sections that by their nature should survive termination (including, but not limited to, Intellectual Property, User Content -limited license for residual operational purposes if applicable-, Disclaimers of Warranties, Limitation of Liability, Indemnification, and Governing Law) shall survive. We may decide to withdraw the Application from app stores at any time without notice.
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12. Disclaimer of warranties
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THE APPLICATION AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPLICATION WILL FUNCTION UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING AI-GENERATED CONTENT.
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13. LIimitation of liability
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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION OR THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES (INCLUDING AI-GENERATED CONTENT); OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO US IN THE LAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
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14. Indemnification
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You agree to defend, indemnify and hold harmless GuTravel and our directors, officers, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Application and the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
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15. Changes to Terms
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We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will notify you through the Application or by other means (such as posting a prominent notice in the Application or sending you an email if we have your address) before the changes take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services. We encourage you to review these Terms periodically.
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16. Governing Law and Dispute Resolution
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These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.
Any dispute arising from or related to these Terms or the Services shall preferably be resolved through amicable negotiations. If an amicable solution cannot be reached, you agree to submit to the exclusive jurisdiction of the courts located in Valladolid, Spain.
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17. Miscellaneous
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These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
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18. Contact
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If you have any questions about these Terms, please contact us at:
GuTravel
contact@gutraveloficial.com