Terms & Conditions

1. Introduction

These Website Standard Terms and Conditions (these “Terms”) written on this webpage shall apply to and govern your use of this website. These Terms will be applied fully and affect your use of this Website. By using this Website, you agree to accept and be legally bound by these Terms. You must not use this Website if you disagree with any of these Terms.

Minors or people below 18 years old are not allowed to use this Website.

2. Intellectual Property Rights

Other than Your Content , Guesst Software LLC and/or its affiliates and licensors own all the intellectual property rights and materials contained in this Website.

You are granted a limited license only for purposes of viewing the material contained on this Website.

3. Restrictions

By using the Website, you agree not to do any of the following

Copying, reproducing, modifying, displaying, publishing or creating any derivative works from any Website material;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website or Guesst Software LLC;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website, Guesst Software LLC, or to any other person or business entity.
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you and Guesst Software LLC may further restrict access by you to any areas of this Website, at any time, in its absolute discretion.

Any user ID and password you may have for this Website are strictly confidential and you agree to maintain them as such. Any user ID and password is the property of Guesst Software LLC. Guesst Software LLC may terminate your user ID, password or any of Your Content if it determines, in its sole discretion, that you have violated these Terms.

You agree to (a) immediately notify Guesst Software LLC of any unauthorized use of your user ID or password, your account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Guesst Software, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You grant Guesst Software, LLC and all other persons and entities involved in the operation of the Website the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Website in accordance with these Terms and the Privacy Policy.

4. Your Content

In these Terms, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Guesst Software LLC a perpetual, non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not violate any third-party’s rights. Guesst Software LLC reserves the right to remove any of Your Content from this Website at any time without notice.

5. No Warranties

This Website is provided “as is” with all faults, and Guesst Software LLC express no representations or warranties, express or implied, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

6. Limitation of Liability

Your use of and any browsing on this Website is at your risk. The material contained in this Website may contain inaccuracies and errors. Guesst Software LLC does not guarantee that the functional aspects of this Website will be uninterrupted or that this Website or the server that provides it are free of viruses or other harmful components.

Guesst Software, LLC also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Website (or related services) or your downloading of any materials, drawings, data, text, images, video, or audio from this Website.

In no event shall Guesst Software LLC, nor any of its officers, directors and employees, nor any other party involved in creating, producing, or delivering this Website be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is claimed under contract, tort or other law. Neither Guesst Software LLC, nor its officers, directors and employees, nor any other party involved in creating, producing, or delivering this Website shall be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby agree to indemnify and hold harmless to the fullest extent Guesst Software LLC, its officers, directors and employees, and all other parties involved in creating, producing, or delivering this Website from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your use of the Website or your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

Guesst Software LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are agreeing to be governed by the revised Terms. You are expected to review these Terms each time you use the Website.

10. Assignment

Guesst Software LLC is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Dwolla Details

In order to use Guesst AutoPay, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through the Dwolla Account are held or transferred by Dwolla’s financial institution partners as described in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at support@guesst.co.

12. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Delaware, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes.

13. Entire Agreement

These Terms constitute the entire agreement between Guesst Software LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings.

14. Contracts

Support can be reached through support@guesst.co