Terms and Conditions of Use
Last updated: August 24, 2015
YOUR USE OF THIS APP, THE SERVICES IT ENABLES, RELATED WEBSITES AND/OR THE CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
GYST Now Inc. (“GYSTNow”) provides on-demand personal assistant services (the “Services”) accessed via this software application and related websites (collectively, the “App”). The Services enable you to request certain tasks for GYSTNow’s team of assistants to complete (“Tasks”). You will also have access to in-person sessions with GYSTNow assistants for limited time periods, the length of which depends on your subscription Tier (defined below).
2. Subscriptions; Fees and Payments.
2.2. GYSTNow offers three levels of monthly subscription (each a “Tier”). Tier 1 subscribers are entitled to request ten (10) Tasks and one (1) hour of in-person assistant time per month, Tier 2 subscribers are entitled to request twenty-five (25) Tasks and two (2) hours of in-person assistant time per month and Tier 3 subscribers are entitled to request fifty (50) Tasks and three (3) hours of in-person assistant time per month. All Tiers entitle you to a dedicated team of five (5) GYSTNow assistants who will complete your Tasks. GYSTNow may change which assistants are on your team, the size of the team, to which team you are assigned and all other aspects of the Services in its sole discretion.
2.3. GYSTNow reserves the right to change the cost of any and/or all subscription Tiers in its sole discretion, provided that GYSTNow will notify you of any change to the cost of your subscription as far in advance as commercially practicable, and you will have an opportunity to cancel your subscription effective on the date on which you would be obligated to pay the increased cost for your subscription.
2.4. You may terminate your subscription at any time. If you terminate your subscription in the middle of a pay period, the termination shall be effective as of the end of the pay period in which you terminated your subscription. You will have access to the App, the Content and the Services for the remainder of the any period in which you terminate your subscription. You may also change your Tier level at any time. Any change to your Tier level will be effective as of the first day of the pay period immediately following the pay period in which you changed your Tier level.
3. Interaction with GYSTNow Assistants.
3.1. You agree to treat all GYSTNow assistants, employees and staff with respect and dignity. You may not request that assistants do anything that is illegal, lewd, obscene, pornographic, sexual, violative of any law or third party rights, or that would encourage or assist in any of the foregoing. If you mistreat GYSTNow assistants or otherwise breach this Section 3.1 any number of times and/or in any manner, GYSTNow may, in its sole discretion, terminate these Terms of Service and your subscription, and suspend or ban you from the use of the App, the Content and/or the Services. If GYSTNow terminates your subscription pursuant to this Section 3.1, GYSTNow will not refund your subscription fee for the pay period in which your subscription is terminated.
3.2. You may communicate with GYSTNow assistants only via the communications features of the App and assistants’ GYSTNow email addresses. If you make any attempt to contact or communicate with a GYSTNow assistant using any other method (with the exception of in-person communication during an in-person session), GYSTNow may, in its sole discretion, terminate these Terms of Service and/or your subscription, and suspend or ban you from the use of the App, the Content and/or the Services. If GYSTNow terminates your subscription pursuant to this Section 3.2, GYSTNow will not refund your subscription fee for the pay period in which your subscription is terminated.
4. Limitations on Use; Third Party Communications.
4.2. Third Party Communications. GYSTNow disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. GYSTNow assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party, with the exception of GYSTNow assistants, directly or indirectly in connection with the App, the Content or the Services.
5. Intellectual Property Rights.
5.2. The App may contain interactive areas which include, without limitation, blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, question and answer features and areas to post communications and Task requests (the “Interactive Areas”). The Interactive Areas include, without limitation, those sections of the App in which you make Task requests and communicate with GYSTNow assistants. You grant to GYSTNow an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, blogs, links, data, information, communications and any information included in Task requests and other materials you submit (collectively, “Postings”) to the App. Said license is without restrictions of any kind and without any payment, permission or notification due from GYSTNow to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.
5.4. You acknowledge and agree that your submission of Postings to the App does not create any new or alter any existing relationship between you and GYSTNow.
5.5. By submitting Postings to the App, you acknowledge and agree that GYSTNow may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against GYSTNow for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to GYSTNow.
6. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. GYSTNow has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. GYSTNow reserves the right to remove any Content and/or Posting that allegedly infringes another person’s copyright. GYSTNow will terminate, in appropriate circumstances, Members who are repeat infringers of another person’s copyright. Notices to GYST regarding any alleged copyright infringement should be directed to GYSTNow via email at: [dedicated DMCA email address].
6.1. Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
a) Your name, address, telephone number, and email address (if any);
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where on the App the material that you claim is infringing may be found, sufficient for GYSTNow to locate the material;
d) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
e) A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
f) Your electronic or physical signature.
6.2. Filing a DMCA Counter-Notice to Restore Content Removed from the App
If you believe that your material has been removed by mistake or misidentification, please provide GYSTNow with a written counter-notification containing the following information:
a) Your name, address, and telephone number;
b) A description of the material that was removed and the location on the App where it previously appeared;
c) A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
d) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which GYSTNow may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
e) Your electronic or physical signature.
7. No Solicitation. You shall not distribute on or through the App any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of GYSTNow.
8. Advertisers. The App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the App is accurate and complies with applicable laws. GYSTNow will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers or sponsors.
9. Registration. Certain sections of the App require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform GYSTNow of any changes to that information. Each registration is for a single individual only unless otherwise specifically agreed between you and GYSTNow. GYSTNow does not permit a) anyone other than you to use or access the Content or sections of the App requiring registration or to make use of the Services by using your name or password; or b) access through a single name that is made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify GYSTNow immediately by emailing [email protected]
10. Postings in Interactive Areas of the App.
10.1. Postings to be Lawful. You shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, give rise to liability or violate any local, state, federal or international law. GYSTNow may delete your Postings at any time for any reason or no reason without permission from or notice to you.
10.2. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in any of the Interactive Areas allows you to create a screen name, you may also select and use an appropriate screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
10.3. Postings shall not contain protected health information. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing GYSTNow with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should GYSTNow discover that you have done so, GYSTNow will remove it immediately and reserves the right to ban you from the App, terminate your subscription and cease providing you Services. None of the foregoing shall obligate GYSTNow to actively screen the information that you provide. If you request a Task that is related to health information, do not include information about your prescription or other drugs, health conditions or any other specific information related to your health.
10.4. No Monitoring of Postings. GYSTNow has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. GYSTNow however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason and without notice.
10.5. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any unauthorized use of the Interactive Areas of the App, the Content, the Postings or the Services is expressly prohibited.
11. Errors and Corrections. GYSTNow does not represent or warrant that the App, the Content or the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that they will always be accessible. GYSTNow does not warrant or represent that the Content or the Services available on or through the App will be correct, accurate, timely, or otherwise reliable. GYSTNow may make improvements and/or changes to its features, functionality, the App, the Content or the Services at any time.
12. Third Party Content. Third party content (including, without limitation, Postings) may appear on the App or may be accessible via links from the App. GYSTNow shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the App. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of GYSTNow. Further, information and opinions provided by assistants and other employees and agents of GYSTNow in Interactive Areas are not necessarily endorsed by GYSTNow and do not necessarily represent the beliefs and opinions of GYSTNow.
13. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas.
14. DISCLAIMER. THE APP, THE INTERACTIVE AREAS, THE CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. GYST EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GYSTNOW DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, AND/OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE APP, THE INTERACTIVE AREAS, THE CONTENT, AND THE SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY APPS OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE APP, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE APP, THE INTERACTIVE AREAS, THE CONTENT, THE SERVICES, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THE APP, THE INTERACTIVE AREAS, THE CONTENT, THE SERVICES OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE APP, THE INTERACTIVE AREAS, THE CONTENT, THE SERVICES OR THE POSTINGS.
15. LIMITATION OF LIABILITY. GYSTNOW SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE APP, THE CONTENT, THE SERVICES, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. GYSTNOW SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APP, THE INTERACTIVE AREAS, THE CONTENT, THE SERVICES, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, GYSTNOW’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND GYSTNOW AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF GYSTNOW AND ALL PARTIES TO ANY SUCH PROCEEDING.
17. Third Party Rights. The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability) and 16 (Indemnification) are for the benefit of GYSTNow and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the App. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.