Service Terms & Conditions
The Website utilizes software applications that facilitate the scheduling, management and performance of services for pet owners (collectively, the “Services”). By clicking the completing the registration process, browsing the Website and/or contracting for any of the Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them, If not, you are not authorized to use the Website or any of the Services and, without delay, shall discontinue the use thereof.
Gustav reserves the right to terminate access to the Website for any reason, and to take any other actions that Gustav, in its sole discretion, believes to be in the interest of Gustav and some or all of its users and customers. Gustav reserves the right to modify these Terms of Service, without advance notice.
These Terms of Service constitute a binding contract between Gustav and you, which you accept by accessing the Website. As a material condition of your access to and use of the Website and any Service, you represent and warrant that (1) you are of legal age to enter into a binding legal contract with Gustav, (2) you have the authority to enter into these Terms of Service personally or on behalf of the person or company you represent, and (3) you have provided accurate and complete information in your communication with Gustav.
If you do not agree to the Terms of Service or cannot make the representations in (1), (2) or (3) above, then you are not authorized to use the Website or any of the Services and, without delay, shall discontinue the use thereof.
Gustav reserves the right to limit the availability of the Website and/or the Services, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction Gustav chooses, at any time and in its sole discretion.
Locations – We provide the Services only to pet owners residing within certain postal codes and in specific apartment buildings and complexes. Please contact us to determine if we provide Services to your address.
Scheduling – All of the Services that you intend to book through the Scheduling Software must be scheduled before 5pm on the previous day. Any Services scheduled after 5pm on the previous day must be requested by calling us at 416 421 2040. All information requested on the booking page and the Customer Registration Form must be filled out completely and accurately. Gustav reserves the right to deny or terminate your access to the Website and/or the Services if it is determined that incomplete, incorrect, or fraudulent information was provided.
Service Hours – Services are available seven days a week from 7:00 AM to 8:00 PM Eastern Standard Time, weather permitting.
Meet and Greet – Gustav requires a Virtual or In-Person Meet and Greet when you first join our Website. Each meet and greet will be with one of the Gustav Service Providers (“GSP’s”) employed by Gustav, so that you can communicate important details about your service requirements to Gustav and your pet and the GSP have a chance to meet and make sure they are comfortable with one another. Meet and Greets are complimentary, and generally last about twenty (20) minutes. Gustav reserves the right to refuse and/or terminate any paid Services for any reason after the Virtual or In Person Meet and Greet including, but not limited to, aggressive behavior exhibited during the Meet and Greet, and/or a history of aggressive behavior towards humans or other pets.
Assignment of Pet Care Service Providers – Gustav assigns GSP’s that are specifically dedicated to caring for all pets in your apartment building/complex. Each apartment building/complex also has backup associates that are available to care for pets in the event that one of the primary GSP’s are not available or there are too many services for one GSP to complete on their own within the time restraints. If your services are scheduled for recurring days, Gustav will do it’s best to ensure they be handled by the same GSP.
Cancelling a Service – All cancellations must be communicated to us via the Scheduling Software, email, or text by 5pm on the day before your scheduled service. For in home sitting services, all cancellations must be communicated to us via the Scheduling Software, email, or text at least 72 hours before the start time of your scheduled in home sitting. Failure to provide notice as outlined in this paragraph will result in your Account (and credit card) being charged for the Service, as follows: appointments that are cancelled after 5pm on the previous day will be charged a $10 fee; appointments canceled on the same day of the service will be charged in full; in home sitting appointments that are cancelled less than 72 hours before their scheduled start time will be charged a $20 fee; in home sitting appointments that are cancelled less than 72 hours before their scheduled start time will be charged in full.
Holidays – On the holidays listed below, a $20 holiday fee will be applied on all in home sitting services and a $10 holiday fee will be applied on all other services. Observed holidays include: Family Day, Victoria Day, Canada Day, Good Friday, Labor Day, Thanksgiving Day, Christmas Day, Boxing Day, and New Year’s Day.
Pick-Up, Drop-Off & Keys – Before scheduling your first service with Gustav, you are required to provide them with access to your apartment. You may do this by providing a duplicate key that will be kept in Gustav’s possession until you permanently cancel Services with Gustav. In select buildings, Gustav may provide you with a Key Release that you can sign and grant permission for your building manager to provide Gustav with a key directly. If you would like to permanently cancel services with Gustav, you must submit a formal request to have your key returned to you or your building manager. In any event, you must make sure that our GSP has access to you and/or your premises for pick-up and drop-off. Gustav takes reasonable measures to protect the security of all keys provided by you to Gustav. EXCEPT AS OTHERWISE STATED HEREIN, AND EXCEPT FOR CASES OF GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, GUSTAV HEREBY DISCLAIMS ALL WARRANTIES, RESPONSIBILITIES AND LIABILITIES ARISING FROM OR RELATED TO LOST KEYS, ANY UNAUTHORIZED USE OF OR ACCESS TO YOUR KEYS OR IMPROPER LOCKING OF YOUR RESIDENCE.
Delays – If a GSP is unable to begin a paid Service event due to his or her inability to access your pet, and this delay lasts more than thirty (30) minutes, then the GSP reserves the right to cancel the paid Service. In such an event, you still are responsible for payment of the full price for the scheduled Service and no refund will be provided.
Inclement Weather – Gustav reserves the right to cancel or reduce the length of any Service due to inclement weather rendering the Service impractical or unsafe for your pet or our GSP.
Timing of Service Events – Scheduling of any of the Services is done by selecting a two (2) hour block of time in which you would like the Service to begin. All parties understand and specifically agree that Gustav can provide the Service at any time within that two (2) hour window.
Vaccinations; Flea and Tick Protection – Prior to scheduling any of the Services, your pet is required to have been fully vaccinated (including distemper, parvo, rabies and bordetella) and, upon request, you will provide Gustav with proof thereof from your veterinarian. Additionally, you acknowledge that it is your responsibility to assure that your pet continues to be fully vaccinated and that Gustav reserves the right to refuse and/or discontinue any paid Service if it is determined that your pet is not fully vaccinated.
You understand that your pet must have flea protection in the form of a topical liquid such as K9 Advantix, Advantage or Frontline, and that flea collars are not acceptable. Your pet will be inspected for fleas prior to a paid Service, and may be refused the paid Service if fleas are found. Your further acknowledge that Gustav is not responsible or liable if your pet contracts fleas during a paid Service.
Harness & Leash – It is your responsibility to provide a collar/harness for your pet for use during the Service. If Gustav arrives to provide the paid Service and your pet does not have a suitable collar/harness, you may be charged for that Service, even if the Service is not provided. Additionally, in the event that a Service includes leash-free activity (that has been disclosed to you as a part of the description of the Service), you understand that this will provide your pet the opportunity to play in close physical contact with other pets, including with their teeth and paws, and you acknowledge that no amount of supervision or personalized care by Gustav, its agents or employees or GSPs, can prevent the possibility of your pet’s collar/harness becoming damaged or destroyed.
Feeding – Feeding of your pet is available at no additional fee, with the exception of group services (i.e. social walks and play dates). All feedings will be included in the time of the Service. If you request a feeding as a part of the paid Service, you specifically agree to the following:
i. You are required to provide all food at your own cost, and make the food easily available to the GSP;
ii. You are solely responsible and liable for the choice of food, as well as the portion given to your pet. You are also responsible for providing the GSP with instructions as to how and when feeding should take place as well as any other food-specific instructions or requirements; and
iii. Neither Gustav nor the GSP is in any way liable or responsible for any failure to feed your pet or any damage or harm that may be suffered if your pet is fed. You agree to hold Gustav and the GSP harmless, and expressly release Gustav and the GSP, from any and all liability arising from feeding, or not feeding, your pet.
Pictures, Video & Images – By contracting for any of the Services, you agree to allow Gustav to take photos, videos and/or images of your pet. Gustav owns all photos, videos and/or images taken by Gustav and you expressly agree that Gustav may use these photos, videos and/or images for any purpose whatsoever, including display and/or use on the Website and in other promotional materials, including, but not limited to, social media. Gustav also reserves the right to share all such photos, videos and/or images with the apartment building/complex owner and management where the pet resides to be used on their Website and/or in other promotional materials, including, but not limited to, social media.
Pet Advice – Gustav does not warrant any information or advice that may be provided by Gustav or one of the GSP’s with respect to your pet. Specific questions about medical conditions or care for your pet should be obtained by you from your veterinarian or other qualified pet-care professional.
Our GSPs – Each of our GSP’s undergoes a formal screening process, including a background check. In addition, all we maintain general liability and property damage insurance covering the activities of our GSP’s. This coverage may not be extensive enough as to scope or amount to cover every loss you may suffer arising out of, in connection with or by reason of any paid Service or the actions or inactions of any GSP.
Pricing and Payment for Services
Gustav offers a variety of services for your pet. All of the current Services and pricing are subject to change without notice at any time.
Payments for any of the Services must be made via the Scheduling Software. No other direct payments to GSP’s or other agents of Gustav will be accepted. While Gustav may keep some of your personal account information, including names, email addresses, messages, images and other similar data on its servers, Gustav does not keep your credit card or other financial information on its servers. All of your financial information is kept and managed by third party payment vendors used by the Scheduling Software. Accordingly, Gustav will not be responsible or otherwise liable for the action or lack of action, or the privacy or other practices of such third party vendors.
Billing to your account will generally occur each Sunday, at which time you will be charged for all services received during the past 7 days. You agree to pay for all Services that you purchase through the Scheduling Software, and you agree that Gustav may charge your selected payment method for any such payment(s).
Gustav shall assure that any third party vendors handling credit card processing pursuant to these Terms of Service (e.g., PayPal) shall adhere to the Payment Card Industry Data Security Standards (“PCI Standards”). In connection therewith, Gustav shall require that any such vendor who receives, maintains, stores, handles, protects, transports or transmits credit card numbers and associated personal information (“User Credit Card Information”) (i) may only use such User Credit Card Information for assisting in completing card transactions, for providing fraud control services, or for uses required by applicable law, and (ii) shall perform customary assessments of its systems and procedures on an on-going basis, and if such assessment reveals any non-compliance with the PCI Standards, it shall take actions to cure such non-compliance.
You are responsible for paying any governmental taxes imposed on your use of the Services, including, but not limited to, sales, use or value-added taxes. To the extent Gustav is obligated to collect such taxes, the applicable tax will be added to your charges/payment.
Gustav may choose to temporarily change the fees or offer introductory fees for the Services for promotional events or new services to some or all of its users, but shall not be required to make all such pricing available to all of its existing users.
If you want to change any of your billing information, including your credit card information, you may edit your information in the Scheduling Software. It is your responsibility to keep your contact information and payment information current and updated. Gustav reserves the right to suspend or terminate your access to the Services and/or the Scheduling Software and Website without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Gustav when Gustav believes you are liable for the charges.
Your account will continue in effect unless and until you cancel your account or Gustav terminates it. You may cancel your account at any time, and cancellation will be effective immediately. If you wish to cancel your account, you may do by submitting a written request via, text, email, or the Scheduling Software.
Gustav is committed to protecting the health and physical safety of your pet and other pets during the period while we are providing the paid Service(s). Accordingly, you warrant that, to your knowledge, your pet is free from contagious health conditions, is free of physical conditions that would present a risk to your pet or other pets during the period of the paid Service(s), and has not and does not exhibit any type of aggressive behavior that would present a risk to your pet or other pets during the period of the paid Service(s).
Prior to participating in any group services each pet is required to have at least 3 one-on-one services so we may assess them, determine other pets that are a good fit for them to be grouped with, and properly introduce them to other pets they will be grouped with. Additionally, Gustav requires all pets over 6 months old to be spayed/neutered to participate in playdates and group walks, but Gustav is happy to provide solo services to intact pets.
Gustav reserves the right to refuse admittance to any pet that displays signs of untreated or potentially contagious conditions, demonstrates aggressive behavior, or who fails Gustav’s standard health and temperament policies.
Gustav expressly reserves the right, in its sole discretion, and without liability to you to any right on your part to receive any refund of payment, to remove your pet from a paid Service should Gustav deem it necessary for the safety of your pet, Gustav’s employees, or other pets within the care of Gustav. However, prior to removing your pet from a paid Service, Gustav will use reasonable efforts to contact you using the emergency contact you provided. In such event, if Gustav is not able to contact you or the emergency contact, Gustav will use its reasonable judgment to determine whether to redeliver the pet to you, find alternative care (emergency, veterinary or otherwise) until you are able to retrieve your pet. You authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Gustav in connection with any emergency or other relocation of your pet.
Required Account information includes contact information where you or another contact can be reached in the event unplanned medical care for your pet becomes necessary. Gustav agrees to contact you and/or your emergency contact reasonably promptly (under the circumstances) in the event such care becomes necessary.
You hereby authorize Gustav and its employees to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Gustav. In the case of an emergency, you are solely responsible for the costs of any such medical treatment for your pet and you hereby authorize Gustav to charge your Account (and credit card or other payment method) for such costs.
CONSENT AND RELEASE AND WAIVER OF LIABILITY
I hereby consent to my pet’s participation in all supervised activities related to the Service(s) to be provided for my pet, which may include grouped activities. I acknowledge and agree that Gustav Pet Concierge (“Gustav”) reserves the right to determine whether or not such grouped activities are appropriate for my pet and to exclude my pet from such grouped activities when Gustav determines it is in the interest of Gustav, my pet or other pets to do so.
In the event of an emergency requiring medical treatment for my pet, determined in the reasonable judgment of Gustav, I hereby authorize Gustav and its employees, and drivers, hospitals, licensed veterinary medicine providers, and their agents and employees to have access to the information contained in this form and to provide all medical care, routine tests, treatment, and necessary transportation advisable for the health and safety of my pet. This authorization includes the authority to consent to any x-ray examinations, anesthetic, medical procedure or treatment, and hospital care under the supervision, and upon the advice of or to be rendered by, a licensed veterinarian. While Gustav will endeavor to have emergency medical treatment provided by the pet’s veterinarian, it is understood and agreed that the emergency may require medical care from the most readily available veterinary facility and if, in the reasonable judgment of Gustav, such medical care is to be so provided, I consent to the same.
Release and Waiver of Liability:
I understand that attendance by my pet(s) to Gustav Services sometimes involves group play or walking with other pets. Although Gustav staff will closely supervise all participants, I accept that play behavior, unknown or undocumented aggression, or participation in routine daily activities can lead to altercations and injuries. I assume the risks of, and responsibility for, the costs to treat any injuries my pet(s) sustains while playing at this facility. I further understand and accept that the owners and staff will not be held liable for any injuries or deaths related to my pets’ participation in Gustav Services.
In the event my pet contracts a communicable disease during the time he/she participates in Gustav Services, I accept responsibility for the costs of all treatments. I also agree to withhold my pet(s) from participating in Gustav Services until he/she has been free of any signs of communicable disease for at least 14 days. Although the risk of acquiring communicable diseases is small, I accept the risk, and agree to hold Gustav harmless from expenses incurred for treatment.
I fully understand, and will not hold Gustav, any of its agents, assigns, employees, or volunteers liable for any accidents, injuries, or any other unforeseen harms incurred at any time while my pet is participating in activities related to the paid or free Services, except in the case of gross negligence.
I have read this consent and understand that some risk always exists when groups of pets are allowed to intermingle. I have discussed my concerns about such risks with Gustav and have had my questions answered to my satisfaction.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Website, and you agree not to engage in unacceptable use of the Website, which includes, without limitation, use of the Website to:
- harm or threaten to harm, bully, intimidate or harass users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
- post or transmit or process through the Website any content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, violent, sexually suggestive, illegal, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- collect, use, process or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others or access the Website using any automated means without our prior permission;
- impersonate any person or entity (including the Website agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Website for such purpose;
- upload viruses or other malicious code to the Website;
- solicit login information or access an account belonging to someone else;
- disseminate, store, process or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
- violate any law (whether local, state, national, or international), whether or not intentionally, or is misleading, malicious or discriminatory;
- forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Website, or servers or networks connected to the Website; or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
- post any content related to partisan political campaigning or fundraising;
- express or imply that any statements you make are endorsed by us;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or determine any source code, algorithms, methods, or techniques of the Website or the Services;
- obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Website or the contents (except as expressly permitted by Gustav);
- interfere with, damage, or disrupt the operation or any security-related features of the Website or its services, gain unauthorized access, or restrict or inhibit use by others;
- use any robot, spider, or other system, device or mechanism to access the Website or utilize the services, likely to disrupt or disable or destroy the Services or any content;
- remove any copyright, trademark, confidentiality notices, designations, marks or other proprietary rights notices appearing on the Website or content without the prior written consent from Gustav;
- modify, translate, adapt, arrange, or create derivative works of the services, except as permitted in these Terms of Service;
- use domain names or web URLs in your username without prior written consent from Gustav;
- share your password or let anyone else access your account, or do anything that may jeopardize the security of your account;
- “frame” or “mirror” any part of the Website; or
- engage in any other activity deemed by the Gustav to be in conflict with the spirit or intent of these Terms of Service or that might violate the rights of others or give rise to liability, including any activity that facilitates or encourages any violations of these terms, conditions or policies.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GUSTAV HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GUSTAV DOES NOT WARRANT THAT THE WEBSITE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE AND/OR THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GUSTAV OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. EXCLUDING GUSTAV’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GUSTAV HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL AND REAL PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF GUSTAV AND ITS EMPLOYEES, INCLUDING, WITHOUT LIMITATION, LOST KEYS. YOU ACKNOWLEDGE AND AGREE THAT GUSTAV MAY UTILIZE THIRD PARTY APPS, AND OTHER THIRD PARTY SERVICE PROVIDERS TO PERFORM THE SERVICES, AND THAT GUSTAV HAS NO CONTROL OR ABILITY TO CONTROL SUCH THIRD PARTY APPS OR THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, GUSTAV HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY WITH RESPECT TO SUCH THIRD PARTY APPS AND THIRD PARTY SERVICES.
WHILE WE DO CONDUCT BACKGROUND CHECKS OF OUR EMPLOYEES, JUVENILE RECORDS AND OFFENSES FOR MINORS MAY NOT APPEAR IN THE PUBLIC RECORD AND ARE THEREFORE NOT INCLUDED IN THE RESULTS. DISMISSED CASES, ARRESTS NOT RESULTING IN CONVICTIONS, ARRESTS OR CONVICTIONS FROM FOREIGN COUNTRIES AND NOLLE PROS WILL NOT BE REPORTED. TRAFFIC VIOLATIONS ARE NOT INCLUDED UNLESS A JURISDICTION REPORTS THEM AS CRIMINAL OFFENSES.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GUSTAV BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH GUSTAV OFFICERS OR EMPLOYEES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GUSTAV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GUSTAV’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNTS PAID BY YOU TO GUSTAV DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) AND/OR OMISSION(S) GIVING RISE TO SUCH DAMAGE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Gustav makes every effort to assure that it accurately represents its information, and the Services. Statements made by Gustav and/or its officers, directors, agents, representatives are examples and are not to be interpreted as any guarantee, promise, representation and/or assurance.
As with any service, especially those involving animals, results may vary, and will be based on your individual pet’s personality and physical condition, and your experience with similar services. There are no guarantees, promises, representations and/or assurances concerning the level of success or satisfaction you may experience.
The use of Gustav’s information, and/or services should be based on your own due diligence, which you undertake and confirm that you have carried out to your entire satisfaction. You agree that Gustav, its directors, officers, employees, consultants, agents and other representatives are not liable for any success or failure and/or satisfaction that is directly or indirectly related to the use of Gustav’s information and/or the Services.
Gustav reserves the right to contact you from time to time, through email and text messages, or notices posted on the Website or in your Account, for feedback about the Services, and for service and support related issues.
If you provide Gustav with any feedback or suggestions regarding the App, the Website or any of the Services (“Feedback”), you hereby assign to Gustav all rights in the Feedback and agree that Gustav shall have the right to use such Feedback and related information in any manner it deems appropriate without any right to any compensation. Gustav will treat any Feedback you provide to Gustav as non-confidential, non-proprietary information. You agree that you will not submit to Gustav any information or ideas that you consider to be confidential or proprietary to you or any third party.
You agree to indemnify, defend, release, and hold harmless Gustav, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “Gustav Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Website and/or the Services, (c) any breach of these Terms of Service, and/or (d) your violation of any law or of any rights of any third party.
Gustav reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gustav in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to the Website and/or the Services.
You hereby release Gustav and their successors from claims to the extent permissible by applicable law, of all demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website and or the Services, including but not limited to, any interactions with or conduct of the GSPs or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of the Website and/or the Services.
If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Terms of Service will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.
Change to these Terms
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY GUSTAV IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Gustav will make a new copy of the Terms of Service available at the Website. We will also update the “Last Updated” date at the top of these Terms of Service. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms of Service will be effective immediately for new users of the Website and/or the Services and will be effective thirty (30) days after posting notice of such changes on the Website or App for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes within the Website or thirty (30) days after dispatch of an e-mail notice of such changes to users who have registered for an Account. Gustav may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Website, App, Widget, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and the Services; otherwise, your continued use of the Website and/or the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
If you violate these Terms of Service or otherwise create possible legal exposure for Gustav, Gustav can terminate your access to and/or use of all or part of the Website. Gustav will notify you by email or the next time you attempt to access your Account. You may delete your account or disable your application any time.
Gustav reserves the right to modify or terminate the Website or your access to and/or use of the Website for any reason, without notice, at any time, and without any liability to you. If Gustav terminates your access to or use of the Website or you disable or delete your Account, your data will no longer be accessible through your Account.
Gustav reserves the right to refuse access to and/or use of the Website to anyone for any reason at any time.
Gustav’s failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and legally enforceable as a signed writing.
Gustav Contact Information
If you have any questions or comments, complaints or claims regarding these Terms of Service, please contact Gustav by e-mail at email@example.com.