Legal
Terms of Service
Last updated: October 8, 2026
Version: 2026-08-09.2
Effective date: August 9, 2026
Section 15 (Dispute Resolution) contains arbitration and class-action provisions. Section 15.5 gives you 30 days to opt out of them.
These Terms of Service ("Terms") govern access to and use of the Guwy platform, website, web and mobile applications, booking pages, and related services (collectively, the "Service") operated by Guwy Software LLC ("Guwy," "we," "us," or "our").
In these Terms, "you" or "Customer" means the person or legal entity that creates, purchases, accesses, or uses a Guwy account. If an account is created or used for a business, salon, studio, practice, or other organization, Customer means that organization. "Authorized Users" means the owners, administrators, employees, contractors, and other persons Customer permits to use its account. "Business Clients" means the people who book, purchase, or receive Customer's services.
By creating an account, clicking to accept these Terms, purchasing a subscription, or accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.
1. Acceptance of Terms
By creating an account or using the Service, you confirm that you are at least 18 years old, are legally able to enter into these Terms, and are not prohibited by applicable law from using the Service. If you are using the Service on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms.
You are responsible for ensuring that your Authorized Users comply with these Terms. Guwy may rely on instructions given through your account by the account owner or an administrator acting within the permissions Customer assigned.
2. Description of Service
Guwy is a cloud-based business management platform designed for beauty, permanent makeup, tattoo, and aesthetic service businesses. Depending on the plan and configuration selected, the Service includes:
- Appointment scheduling and calendar management
- Client relationship management
- Digital consent form creation, delivery, and storage
- Inventory management
- Business reporting and analytics
- SMS messaging, including appointment reminders and consent form delivery
- Email and push communications
- Multi-user access with role-based permissions
- Payment-processing tools
- Artificial-intelligence-assisted features
- Third-party integrations, including Google Calendar sync, Google Reviews, payment processors, and optional automation tools
Features may vary by plan, platform, device, country, or account configuration and may change over time as described in these Terms.
Guwy provides technology; it does not provide beauty, permanent makeup, tattoo, cosmetic, aesthetic, medical, legal, accounting, or other professional services. Guwy does not employ, supervise, endorse, or control Customer or its personnel and is not a party to the services, injuries, payments, disputes, or other dealings between Customer and its Business Clients. Customer is responsible for its own business operations, professional licenses, permits, personnel, services, prices, taxes, disclosures, consent procedures, refund policies, and compliance obligations.
3. Account Registration
- You must provide accurate, complete, and current information during registration and keep it updated.
- You are responsible for maintaining the confidentiality and security of account credentials and authentication methods.
- You are responsible for assigning appropriate permissions to Authorized Users and promptly removing access when it is no longer authorized.
- You are responsible for all activity that occurs under your account, except to the extent caused solely by Guwy's breach of these Terms.
- You must notify us immediately at security@guwy.com if you know or reasonably suspect that an account or credential has been accessed without authorization.
- Accounts and login credentials may not be sold, transferred, or shared outside Customer's organization without our written consent.
- We reserve the right to suspend or terminate accounts that violate these Terms, subject to Section 14.
4. Acceptable Use
You agree not to, and not to permit another person to:
- Use the Service for any unlawful purpose or in violation of applicable laws, professional requirements, or another person's rights.
- Send unsolicited messages or spam through the Service.
- Send messages without proper recipient consent as required by applicable laws, including the TCPA, CAN-SPAM Act, and applicable privacy or marketing laws.
- Upload or transmit malware, viruses, harmful code, or content designed to disrupt or compromise a system.
- Attempt to gain unauthorized access to the Service, another user's account, data, or connected system.
- Probe, scan, or test vulnerabilities without Guwy's prior written authorization.
- Use the Service to harass, abuse, threaten, deceive, discriminate against, or harm others.
- Reverse engineer, decompile, disassemble, or attempt to extract or derive the source code of the Service, except to the limited extent applicable law expressly permits.
- Resell, sublicense, rent, redistribute, or make the Service available to third parties without our written consent.
- Scrape, crawl, or use automated means to access the Service except through an interface Guwy expressly authorizes.
- Circumvent plan limits, access controls, rate limits, security controls, or usage restrictions.
- Use messaging features for purposes unrelated to Customer's lawful business communications.
- Upload full payment-card numbers, card security codes, passwords, Social Security numbers, government identification numbers, or other data into fields that Guwy has not expressly designed to collect that category of information.
- Use the Service for emergency response, medical diagnosis, treatment decisions, or another high-risk purpose where an error or interruption could cause death, personal injury, or serious property damage.
- Use the Service or its output to create, train, or materially improve a competing product or model.
The Service is not directed to children under 13. Customer must not knowingly use the Service to collect a child's personal information without all authorization and lawful bases required by applicable law.
Guwy may investigate suspected violations and may remove content or restrict access when reasonably necessary to protect users, providers, the Service, or the public, or to comply with law. When practicable and lawful, we will provide notice and an opportunity to cure.
5. Messaging Terms
If you use Guwy's SMS, email, push, or other messaging features:
- You are solely responsible for obtaining proper, documented consent from recipients before sending messages when consent is required.
- You must comply with applicable messaging laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, carrier rules, platform policies, and relevant international regulations.
- Transactional messages must relate to legitimate business operations, such as appointment reminders, consent form delivery, booking confirmations, and service-related communications.
- You must honor STOP, unsubscribe, consent-revocation, and similar opt-out requests promptly and as required by law.
- You must not send marketing messages without the level of opt-in required for the channel and purpose.
- You must keep evidence of consent when the law requires it and provide that evidence to Guwy or a messaging provider upon reasonable request.
- Message frequency is determined by your appointment, service, and campaign activity.
- You must not purchase, upload, or use unlawfully obtained contact lists.
- We reserve the right to block content, throttle traffic, or suspend messaging privileges if you violate these Terms or if reasonably necessary to maintain provider access or protect recipients.
- Standard messaging and data rates may apply to recipients.
Delivery is not guaranteed because carriers, email providers, device platforms, recipients, and network conditions are outside Guwy's control.
6. Third-Party Integrations
6.1 Google Calendar
If you connect Google Calendar to Guwy:
- You authorize Guwy to access, read, create, update, and delete events in your Google Calendar to enable appointment synchronization.
- Guwy will access and use only the Google Calendar data reasonably necessary to provide and support the synchronization feature.
- You may disconnect Google Calendar at any time from the Integrations page. Disconnecting revokes Guwy's future access through that connection, but it does not automatically remove information already synchronized into Guwy or events already created in Google Calendar.
- You are responsible for ensuring that calendar events shared between Guwy and Google Calendar comply with your notices, consents, client privacy expectations, and legal obligations.
- Guwy's use and transfer of information received from Google APIs will comply with the Google API Services User Data Policy, including the Limited Use requirements.
6.2 Google Reviews
If you enable the Google Reviews integration:
- Guwy may send automated review-request emails or messages to your clients after completed appointments according to your configuration.
- You are responsible for ensuring that review requests comply with applicable email, messaging, privacy, and marketing laws.
- You are responsible for the content and targeting of any customized request.
- Guwy does not guarantee an increase in reviews, ratings, visibility, or revenue.
6.3 Other Optional Integrations and Webhooks
The Service may connect to payment processors, marketing tools, calendars, messaging services, social or video platforms, automation tools, and destinations selected by Customer. When you enable an integration, you instruct Guwy to exchange the data reasonably necessary to provide that integration.
A webhook may send events to a destination URL selected by Customer. Depending on the event and configuration, a webhook payload may contain a Business Client's name, contact information, service, appointment details, status, amount, or other Customer Data. Customer is responsible for selecting and securing the destination, using an authenticated HTTPS endpoint where supported, confirming that the recipient is authorized, providing required disclosures, and disabling the webhook when no longer needed. Customer must not direct Customer Data to a public, shared, or unauthorized channel.
6.4 General Integration Terms
- Third-party integrations are subject to the applicable third party's terms of service and privacy policies.
- You are responsible for having authority and a lawful basis to send data to an integration you activate and for the third party's use of that data after Guwy transmits it at your direction.
- Disconnecting an integration stops future exchanges through Guwy after the disconnection is processed, but may not delete data already transmitted to or retained by the third party.
- Guwy is not responsible for outages, acts, omissions, security, accuracy, policy changes, or discontinuation of third-party services that Guwy does not control.
- We may add, modify, suspend, or remove integrations with reasonable notice when practicable. Immediate action may be necessary for security, legal, or provider-related reasons.
7. Your Data
7.1 Data Ownership
You retain ownership of all data you input into or generate through the Service ("Your Data"), including client information, appointment records, photographs, communications, consent forms, signatures, health histories, and business configurations. We do not claim ownership of Your Data.
7.2 Limited License and Instructions to Us
By using the Service, you instruct and grant us a limited, nonexclusive license to host, copy, process, store, transmit, display, modify, and otherwise handle Your Data only as reasonably necessary to:
- provide, maintain, secure, support, and troubleshoot the Service as you configure it;
- carry out your documented instructions;
- prevent fraud, abuse, and security incidents;
- comply with applicable law or a binding legal request; and
- enforce these Terms.
This license does not transfer ownership and lasts only while we hold Your Data in accordance with these Terms, including the 90-day post-termination period and the limited backup-retention period in Section 7.9. It ends when the applicable data is deleted or irreversibly deidentified under these Terms.
7.3 Data Controller Responsibilities
As between Customer and Guwy, and except where applicable law provides otherwise, Customer is the controller, business, or regulated entity responsible for its Business Clients' personal information. You are responsible for:
- Obtaining necessary consents and other lawful bases for collecting and processing client data.
- Providing legally sufficient privacy and consumer health data notices.
- Complying with applicable privacy laws, including the GDPR, CCPA/CPRA, and state consumer health data laws to the extent they apply.
- Ensuring the accuracy and lawfulness of client data entered into the Service.
- Selecting appropriate settings, integrations, recipients, and retention practices.
- Responding to access, correction, deletion, withdrawal, and other legally valid requests from your clients.
- Exporting and retaining records for the period required by your laws, professional rules, insurer, or business needs.
7.4 Data Backup and Export
We maintain regular backups of the Service for disaster-recovery and continuity purposes. These backups are not a substitute for Customer's own legally required archive or record-retention system.
While an account is active, you may use available export tools or request an export of Your Data at any time by contacting support@guwy.com. We may limit repeated, abusive, excessive, or technically unreasonable custom export requests or disclose a reasonable professional-services fee before performing custom work outside the standard export functionality.
7.5 Our Role: You Decide, We Process
For the client data you put into the Service—including health information you choose to collect—you decide what to collect and why. As between the parties, you are the controller and, where consumer health data laws apply, the regulated entity or small business, except to the extent applicable law assigns a different role. Guwy acts as your processor or service provider for that data.
We process that data only on your documented instructions. Those instructions include operating, securing, supporting, and maintaining the Service as you configure it; performing actions initiated by your Authorized Users; and processing for the purposes described in these Terms, the Privacy Policy, the Consumer Health Data Privacy Policy, and any Data Processing Addendum we have entered into with you ("DPA").
If Guwy determines the purposes and means of processing particular personal data for its own independent purpose, Guwy will be responsible for that processing to the extent required by applicable law.
7.6 What We Will Not Do
We will not, at any time:
- Sell your Business Clients' data, or share it for targeted or cross-context behavioral advertising of any kind, ours or anyone else's.
- Use your Business Clients' data to train artificial-intelligence models.
- Combine identifiable Business Client data from different businesses to build products, profiles, benchmarks, or models for Guwy's independent purposes.
- Use the substantive contents of your Business Clients' records for our own independent purposes beyond operating, supporting, protecting, and legally administering the Service for you.
Anyone at Guwy who is authorized to access Your Data is bound by confidentiality obligations.
Guwy may use account, billing, device, security, audit, and service-performance information that does not reveal the substantive contents of Business Client records to operate, secure, analyze, and improve the Service. This does not permit the uses prohibited above.
7.7 Subprocessors, Payment Providers, and Customer-Selected Destinations
Guwy uses service providers to operate the Service. Because the providers and their functions may change, Guwy maintains a current list of its service providers identifying each provider's legal name, purpose, processing region, and whether the processing is required or depends on features you enable. Guwy will provide that list to you on request under this Agreement.
Guwy will impose appropriate data-protection and confidentiality obligations on subprocessors that process Your Data for Guwy and will remain responsible for their performance of those obligations to the extent required by applicable law and the DPA. Guwy will provide notice of a new subprocessor and an opportunity to object where required by the DPA or applicable law.
For clarity, not every third party connected to the Service is a Guwy subprocessor:
- A payment provider, such as Stripe or PayPal, may act as a processor for some activities and as an independent controller for others under its own terms and applicable law.
- An optional integration, webhook, or destination activated or selected by Customer receives data at Customer's instruction and is Customer's responsibility after Guwy completes the instructed transmission.
- App stores, device platforms, and public website services may process data under their own terms and privacy notices.
Guwy's use of these categories is described in the Privacy Policy, Consumer Health Data Privacy Policy, DPA, and Subprocessor List as applicable. We will not represent that a closed list inside these Terms is complete when the current list described above is the source of record.
7.8 If You Collect Health Information
If you use the Service to collect health information from Business Clients, you confirm that:
- You decide which health questions to ask, why they are necessary, and which forms to build or select.
- You provide all notices and obtain every consent the law requires before the information is entered into or shared through the Service—including separate consent for collection and sharing where applicable.
- You collect only information reasonably necessary for disclosed purposes and configure access, communications, integrations, and retention accordingly.
- You determine whether your practice is subject to HIPAA, consumer health data laws, or other health-privacy requirements and meet all record-keeping and response obligations that apply to you.
- You will not use the Service to create, receive, maintain, or transmit Protected Health Information as a HIPAA covered entity or business associate. Guwy does not sign Business Associate Agreements and the Service is not offered as HIPAA-compliant.
Information can qualify as consumer health data under state law even when neither Customer nor Guwy is subject to HIPAA. Consent required by a consumer health data law must be clear, specific, and separate when that law requires it; acceptance of these Terms does not substitute for a Business Client's consent.
7.9 Assistance, Security Incidents, Retention, and Deletion
- Rights requests: If one of your Business Clients asks to access, correct, or delete data, we will provide commercially reasonable assistance so you can respond. The Service allows you to erase an individual client's data—including signed forms, signatures, identity photographs, and health history—directly from your account, subject to any clearly disclosed technical or legal exception.
- Security: Guwy will maintain reasonable administrative, technical, and organizational safeguards designed to protect Your Data. No internet or storage system is completely secure, and we do not promise that an incident will never occur.
- Security incidents: We will notify you without undue delay after confirming a security incident affecting Your Data when notice is required by applicable law or the DPA. We may provide information in phases as the investigation develops.
- Ending the relationship: If you close or terminate your account, we keep Your Data available for export for 90 days, unless access or retention is prohibited by law or creates a material security risk. After that 90-day period, we delete or irreversibly deidentify active copies according to our documented deletion process.
- Backups: Encrypted residual copies may remain in disaster-recovery backups until overwritten on the ordinary retention schedule, but no later than six months after termination, unless applicable law requires preservation for longer. Backups are isolated from ordinary production use and are restored only for disaster recovery, security, or legal necessity.
- Limited records: We may retain limited account, billing, payment, security, audit, acceptance, transaction, and legal records when required by law or reasonably necessary to establish, exercise, or defend legal claims. This does not authorize continued use of deleted Business Client records for ordinary product purposes.
If Customer must preserve consent forms or other records longer than these periods, Customer must export them before termination. Guwy does not selectively retain Customer's consent forms after the stated period merely because a law or professional rule imposes a retention duty on Customer.
7.10 Artificial-Intelligence Features
The Service may include an optional assistant or AI-generated suggestions ("AI Features"). AI output may be inaccurate, incomplete, or outdated and must be independently reviewed. AI Features do not provide medical, legal, tax, accounting, employment, or other professional advice and must not be used to diagnose, treat, or make legal or similarly significant decisions about a person.
When an Authorized User uses an AI Feature, Guwy may transmit the prompt and the client, appointment, operational, or revenue information made available to that feature to the AI service providers identified in the list of service providers described in Section 7.7. A person's name combined with a service or appointment may be personal data or consumer health data. Customer instructs this processing by activating and using the feature and is responsible for ensuring that its notices, consents, and use are lawful.
Customer must not type, paste, or submit health-form answers, medical notes, signatures, identity documents, uploaded consent files, full payment credentials, or other information unnecessary for the request into an AI prompt. Guwy does not use Business Client data submitted through AI Features to train artificial-intelligence models.
Guwy does not guarantee that AI output is unique, accurate, or protected by intellectual-property rights. Customer remains responsible for every decision and action taken using AI output.
8. Consent Forms
- Guwy provides digital tools to create, deliver, sign, and store consent forms. We are not a law firm and do not provide legal, medical, or professional advice.
- You are solely responsible for the content of your consent forms and for ensuring they comply with applicable laws, licensing rules, professional standards, and insurer requirements in your jurisdiction.
- You are responsible for selecting an appropriate form, providing required disclosures in a language the signer understands, and obtaining parental, guardian, witness, or other authorization where required.
- Digital signatures collected through the Service are intended to create a record of consent. You should consult a legal professional regarding enforceability and admissibility in your jurisdiction.
- Guwy records the technical evidence the Service makes available for a signing event but does not independently authenticate a signer's identity beyond the methods expressly offered.
- We store consent-form submissions and generated PDFs for the retention period described in these Terms and the Privacy Policy.
- You are responsible for exporting and retaining consent records for the period your law, license, insurer, or professional rules require.
9. Fees and Payment
9.1 Subscription Fees, Renewal, and Cancellation
- Some features of the Service require a paid subscription.
- Prices, included usage, billing frequency, and material plan limits are disclosed on our website or at checkout and are incorporated into these Terms.
- Subscriptions are billed monthly or annually as selected and automatically renew for successive periods of the same length unless canceled before the renewal date.
- By purchasing a subscription, you authorize Guwy or the applicable app store to charge the payment method on file for recurring subscription fees, authorized add-ons, usage-based charges, taxes, and disclosed fees.
- SMS messages and other communications may incur per-message or usage charges as specified in your plan.
- You may cancel a web subscription at any time through the account's billing settings or by contacting billing@guwy.com. Cancellation stops future renewals and takes effect at the end of the then-current paid period unless otherwise disclosed or required by law.
- Deleting the app does not cancel a subscription. A subscription purchased through Apple App Store or Google Play must be managed and canceled through that store and is subject to the store's billing and refund rules.
- Prices may change with at least 30 days' notice. A subscription-price increase will apply no earlier than the first renewal after the notice period unless you affirmatively agree otherwise.
- You must maintain a valid payment method. If a payment fails, Guwy or its billing provider may retry the charge and may suspend or downgrade paid features after notice while an amount remains unpaid.
- Customer is responsible for applicable sales, use, excise, value-added, withholding, and similar taxes, excluding taxes based on Guwy's net income.
9.2 Refunds
Refunds are available within 14 calendar days of a charge if you have not substantially used the Service during that 14-day period. A refund request must be submitted to billing@guwy.com. In determining substantial use, Guwy may consider whether the account actively used paid features, sent communications, processed payments, generated or stored material records, or consumed included or usage-based resources.
Except where required by law, the 14-day policy does not require Guwy to refund third-party payment-processing fees, completed transaction fees, SMS or communication usage, taxes already remitted, chargebacks, or amounts controlled by an app store. Refunds for Apple App Store or Google Play purchases are governed by the applicable store's rules.
9.3 Payment Processing for Businesses
Guwy provides integrated payment-processing tools that allow businesses to accept payments from Business Clients. By using these features, you agree to the following:
- Third-party processors: Payments are processed through third-party payment providers, including Stripe and PayPal. Guwy does not store full payment-card numbers or card security codes. Payment card data is handled by the applicable payment provider in accordance with PCI-DSS standards; Guwy may receive payer details, transaction identifiers, amounts, status information, and limited payment metadata needed to provide the Service. The payment provider's terms, privacy notice, verification requirements, restricted-business rules, fees, and dispute procedures apply. For Stripe's current processing fees, visit stripe.com/pricing. For PayPal's terms, visit paypal.com/legalhub.
- Platform fee: Guwy charges a platform fee of 0.5% on each transaction processed through the Service. This fee is automatically deducted from the transaction amount before funds are transferred to your connected account, unless a checkout or written order clearly states otherwise.
- Funds transfer: When a Business Client makes a payment through the Service, funds are processed by the payment provider and transferred to your connected account, minus the provider's fees, Guwy's platform fee, and any authorized adjustments. Guwy does not guarantee authorization, settlement, payout timing, reversal, or recovery.
- Account requirements: To accept payments, you must connect a valid payment-provider account and comply with that provider's terms and verification requirements.
- Refunds and disputes: You are responsible for managing refund requests and payment disputes with Business Clients. Guwy facilitates refund processing through the Service where supported, but the refund is executed and controlled by the payment provider. Chargebacks, reversals, negative balances, and disputes are subject to the provider's policies.
- Cash and manual payments: The Service allows you to record cash and other manual payments for bookkeeping purposes. These payments are not processed by a third-party provider, and Guwy does not charge the 0.5% platform fee merely for recording them.
Customer is responsible for disclosing its prices, deposits, cancellation and refund policies; providing purchased services or appropriate refunds; paying chargebacks and disputes attributable to its transactions; issuing accurate receipts; and complying with tax and payment-provider obligations. Guwy is not a bank, card network, escrow service, or money transmitter.
10. Service Availability
We strive for 99.9% uptime but do not guarantee uninterrupted, error-free, or completely secure access to the Service. The 99.9% statement is an operational objective, not a contractual service-level agreement or entitlement to service credits unless a separate signed agreement expressly says otherwise.
We may perform scheduled maintenance with reasonable notice when practicable and emergency maintenance without advance notice. We are not liable for downtime caused by factors outside our reasonable control, including Internet or utility outages, third-party provider failures, force majeure events, attacks, or Customer's equipment or configuration.
We may maintain, update, modify, replace, or discontinue features. We will use reasonable efforts to provide advance notice of a material reduction to a core paid feature when practicable. Beta, trial, preview, and experimental features may be less reliable and may be changed or discontinued at any time.
11. Intellectual Property
The Service, including its design, code, features, documentation, interfaces, and branding, is owned by Guwy Software LLC or its licensors and is protected by copyright, trademark, and other intellectual-property laws. You may not copy, modify, distribute, or create derivative works of the Service except as these Terms or applicable law expressly permit.
Subject to your compliance with these Terms and payment of applicable fees, Guwy grants Customer a limited, nonexclusive, nontransferable, nonsublicensable, revocable right during the subscription term to access and use the Service for Customer's internal business operations. Authorized Users may exercise this right only for Customer.
If you provide feedback or suggestions, you grant Guwy a worldwide, perpetual, irrevocable, royalty-free right to use them without restriction or attribution, provided Guwy does not publicly identify you as the source without permission.
Mobile applications obtained through an app store may also be subject to that store's license terms. Store terms control only for matters the store controls.
12. Limitation of Liability and Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE SERVICE, AI FEATURES, TEMPLATES, INTEGRATIONS, AND RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
- GUWY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR SUITABLE FOR CUSTOMER'S LEGAL OR PROFESSIONAL OBLIGATIONS; THAT MESSAGES WILL BE DELIVERED; THAT AN INTEGRATION WILL REMAIN AVAILABLE; THAT A FORM OR SIGNATURE WILL BE ENFORCEABLE; OR THAT THE SERVICE WILL PRODUCE APPOINTMENTS, REVENUE, REVIEWS, OR ANOTHER BUSINESS RESULT.
- GUWY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
- GUWY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, AND ALL RELATED ORDERS SHALL NOT EXCEED THE AMOUNT CUSTOMER PAID TO GUWY FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- GUWY IS NOT LIABLE FOR ACTIONS TAKEN BY BUSINESSES USING THE PLATFORM; BUSINESS CLIENT DISPUTES; CUSTOMER'S SERVICES, CONTENT, CONSENT FORMS, OR PROFESSIONAL DECISIONS; OPTIONAL THIRD-PARTY SERVICES OR DESTINATIONS; PAYMENT-PROVIDER HOLDS, REVERSALS, OR CHARGEBACKS; OR CUSTOMER'S FAILURE TO EXPORT OR RETAIN REQUIRED RECORDS.
The exclusions and cap apply regardless of the form of action and even if a remedy fails of its essential purpose. They do not apply to liability that applicable law does not permit to be excluded or limited. Some jurisdictions do not allow particular warranty disclaimers or liability limitations, so portions of this Section may not apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless Guwy, its affiliates, officers, directors, employees, agents, and contractors from third-party claims, damages, judgments, penalties, fines, losses, costs, and reasonable attorneys' fees arising from or relating to:
- Your use of the Service or violation of these Terms.
- Your business operations, professional services, acts, or omissions.
- Your Data, consent forms, messages, marketing, instructions, integrations, webhooks, or payment transactions.
- Your violation of applicable law, professional duties, third-party terms, or another person's rights.
- An Authorized User's use of your account or material breach of these Terms.
Guwy will give prompt notice of a covered claim, allow you to control the defense with qualified counsel, and provide reasonable cooperation at your expense. You may not settle a claim in a manner that admits fault by Guwy, imposes an obligation on Guwy, or fails to release Guwy without our written consent, which will not be unreasonably withheld. Guwy may participate with its own counsel at its own expense.
14. Termination
- You may cancel a subscription as described in Section 9.1 and may terminate your account at any time through available account settings or by contacting support@guwy.com.
- We may suspend or terminate your account for a material violation of these Terms, nonpayment after notice, fraud, unlawful conduct, a security risk, provider requirement, or conduct that could expose Guwy or another person to harm or liability.
- When practicable, we will provide notice and a reasonable opportunity to cure. We may act immediately when delay could cause harm, violate law, compromise security, or jeopardize a third-party service needed to operate the Service.
- Upon termination, your right to use the Service ceases immediately or at the end of the paid subscription period, as applicable.
- Cancellation or termination does not erase amounts already due and does not by itself create a refund right beyond Section 9.2.
- We retain and delete Your Data as described in Section 7.9. During the 90-day post-termination period, you may request an export unless access or export is legally prohibited or creates a material security risk.
- Consent-form and other Customer records are not retained beyond the periods in Section 7.9 merely because Customer has a legal duty to keep them. Customer must export records before termination. Guwy may retain a particular record longer only when Guwy itself is legally required to preserve it.
Sections that by their nature should survive—including ownership, confidentiality duties, accrued payment obligations, disclaimers, liability limitations, indemnification, dispute resolution, and general terms—survive termination.
15. Dispute Resolution
Please read this Section carefully. It requires most disputes to be resolved individually in binding arbitration and includes waivers of jury trials and class proceedings.
15.1 Informal Resolution
Before starting arbitration or a lawsuit, the claimant must send a written notice describing the claimant, account, facts, legal basis, and requested relief. Notices to Guwy must be sent to legal@guwy.com; notices to Customer may be sent to the account owner's email address. The parties will attempt in good faith to resolve the dispute for 30 days after receipt.
15.2 Binding Individual Arbitration
Except for the matters in Section 15.3, any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or the parties' relationship will be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA"). The AAA Commercial Arbitration Rules apply to business disputes. If AAA determines that its Consumer Arbitration Rules apply, those rules govern instead. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
The arbitration will be conducted by one neutral arbitrator, in English, remotely or in Hall County, Georgia, unless the parties agree otherwise or applicable law or AAA rules require another location. The arbitrator may award the same individual remedies a court could award. Judgment on the award may be entered in any court with jurisdiction.
Arbitration filing, administration, and arbitrator fees will be allocated under the applicable AAA rules and applicable law. Guwy will pay the amounts it is required to pay under consumer arbitration rules or applicable law. Each party will otherwise bear its own attorneys' fees and costs unless a statute, the applicable rules, or the arbitrator's award provides otherwise.
15.3 Exceptions
Either party may bring an individual claim in small-claims court if it qualifies. Either party may ask a court for temporary or preliminary injunctive relief to prevent actual or threatened unauthorized access, misuse, infringement, or misappropriation of intellectual property, confidential information, data, or systems while arbitration is pending. Nothing in these Terms limits a government agency's enforcement authority.
15.4 Class-Action and Jury Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND AGREES THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. An arbitrator may not combine claims or preside over a representative proceeding without every affected party's written consent.
15.5 Arbitration Opt-Out
You may opt out of Sections 15.2 and 15.4 by emailing legal@guwy.com within 30 days after you first accept a version of these Terms containing the expanded arbitration and class-action provisions. The notice must state your name, organization, account email, and an unambiguous request to opt out of arbitration. Opting out does not affect any other provision or your access to the Service.
15.6 Courts When Arbitration Does Not Apply
If a claim is not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state courts located in Hall County, Georgia, or the United States District Court for the Northern District of Georgia, except that a qualifying small-claims action may be filed where applicable rules permit.
16. Governing Law
These Terms and all disputes are governed by the laws of the State of Georgia, United States, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 15. Mandatory rights that applicable law does not allow a party to waive remain unaffected.
17. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect by email, in-product notice, or another reasonable method. A change required to address law, security, fraud, abuse, or a third-party platform requirement may take effect sooner, with notice as soon as reasonably practicable.
Material commercial changes for an existing paid Customer ordinarily apply no earlier than the first renewal after the notice period. Guwy will request affirmative acceptance when required by law or when a change materially alters dispute-resolution terms or Customer's data-processing instructions. Changes do not apply retroactively to a dispute that arose before their effective date.
Continued use after the effective date constitutes acceptance where permitted by law. If you do not agree, you must stop using the Service and cancel before the change takes effect.
18. General Terms
18.1 Notices
Guwy may send operational and legal notices to the account owner's email address, through the Service, or by posting where these Terms permit. Customer must keep contact information current. Formal legal notices to Guwy must be sent to legal@guwy.com and, where legally required, to the postal address in Section 19.
18.2 Assignment
Customer may not assign or transfer these Terms or an account without Guwy's prior written consent. Guwy may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, or sale of all or substantially all relevant assets, provided the assignee assumes Guwy's obligations. A prohibited assignment is void.
18.3 Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, government actions, Internet or utility failures, or failures of unaffiliated providers. This Section does not excuse Customer's obligation to pay amounts already due.
18.4 Entire Agreement and Order of Precedence
These Terms, applicable checkout or order terms, the DPA, and policies expressly incorporated by reference are the entire agreement regarding the Service and replace prior agreements on that subject. If they conflict, the following order applies: (1) a separately signed written order for the specific commercial term it expressly changes; (2) the DPA for personal-data processing; (3) these Terms; and (4) incorporated policies.
18.5 Waiver, Severability, and Interpretation
A waiver must be in writing and applies only to the specific instance. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Headings are for convenience. "Including" means "including without limitation." Electronic records and signatures may be used to form and administer this agreement.
18.6 Independent Parties; No Third-Party Beneficiaries
The parties are independent contractors. These Terms do not create an agency, partnership, franchise, fiduciary, employment, or joint-venture relationship. Except for rights that an applicable app-store license expressly grants, these Terms do not create third-party beneficiary rights.
19. Contact Us
Guwy Software LLC
1276 Industrial Blvd, Suite 2
Gainesville, GA 30501
United States
Legal: legal@guwy.com
Support: support@guwy.com
Billing: billing@guwy.com
Security: security@guwy.com
Website: guwy.com
