Terms of Service (GuideStack)

Effective August 15, 2024.

‍

Welcome to GuideStack and we are excited to welcome you as a member of the GuideStack community.

The following terms apply to the GuideStack site and all services, applications, and products provided through GuideStack (collectively, the “GuideStack Services”) that are operated and provided to you by Fujitsu Launchpad Limited. (“Launchpad,” “we,” or “us”). Your use of and access to the GuideStack Services is subject to our Terms of Service (the “Terms of Service”), our Privacy Policy, the following GuideStack Service-Specific terms (the “Specific Terms”), and if applicable, the GuideStack Expert Terms and Conditions (the “Expert Terms,” and collectively with each of the preceding, the “Terms”).

Please read the Terms carefully because they are a binding agreement between you (“you” or “User”) and Launchpad. By using the GuideStack Services, you agree that you have reviewed the Terms and consent to be bound by the Terms, including an arbitration agreement and class action waiver that applies to claims brought against us in the United States. If you wish to option out of the arbitration agreement, you may do so by following the instructions in the “Settling Disputes; Governing Law; Arbitration—Opting Out; Exceptions” section.

All capitalized terms used herein but not defined shall have the meaning set forth in the Terms of Service. In the event of a conflict between these Specific Terms and the Terms of Service regarding a topic that relates to the GuideStack Services, these Specific Terms shall control.

If you have any questions regarding the GuideStack Services or the Terms, please contact our support team at [email protected] or by submitting a support ticket here.

‍

GuideStack Services

GuideStack offers on-demand IT expertise to small and medium-sized businesses (“SMBs”) by offering access to curated guides and articles relating to various IT topics, providing an online platform for Q&A and discussion between IT experts (“Experts”) and SMBs, and connecting Experts with SMBs who require individualized support.

‍

Your Account

In order to access all the content and receive advice from Experts on GuideStack (“Content”), you must sign up and create a GuideStack account. When you sign up for an account with GuideStack, you will be asked to pick between two types of accounts: a client account or an Expert account. Please make sure to set up an account that best fits your needs. An Expert account will have additional functions that allow you to submit articles and guides to GuideStack for review and publication and provide 1-on-1 consultation services to other Users for a fee. The two account types are not interchangeable and currently, we do not offer the option to switch from one account type to the other. For example, if you have a client account and wish to become an Expert, you will need to separately create a GuideStack expert account, agree to our Expert Terms, and complete our Expert onboarding process.

To create a GuideStack account and use the GuideStack Services, you must be at least 18 years old (or over the age of majority in your country of residence) and have the legal capacity to enter into legally binding agreements or if you are creating an account or using the GuideStack Services on behalf of a business or legal entity, you must have the legal authority to agree to the Terms on behalf of such entity. By creating a GuideStack account, you represent and warrant that you have reached the age of majority in the country of your residence or that you are authorized to enter into legally binding agreements on behalf of yourself or the business or legal entity. If you do not meet these requirements or if you do not understand the Terms, you may not use the GuideStack Services.

If you wish to delete your GuideStack account, you can do this at any time by contacting our support team at [email protected] or by submitting a support ticket here. Once you delete your account or if your account was deleted because you have violated our Terms, you will no longer be able to access your profile information or any of your content. A deleted account is not recoverable. If you wish to rejoin GuideStack after deleting your account, you will need to create a new account. If your account was deleted because you have violated our Terms, we reserve the right to ban you from creating a new account. You agree that we will have no liability for any damage or loss suffered by you as a result of a deleted account.

‍

Your Profile

At GuideStack, we strive to ensure that all Users have a positive experience while using the GuideStack Services. This means that when you sign up for an account, we will ask you to provide certain information about yourself, your business, your needs, and your expectations. Further, if you are signing up to be an Expert, we may also need to verify your identity and qualifications and your eligibility to serve as an Expert. You agree that we may, directly or through third-party providers, undertake the necessary processes to confirm your information in accordance with all applicable laws.

You cannot impersonate another person or create an account using someone else’s name and you cannot create multiple accounts, sell, or offer to sell your account or buy or offer to buy another person’s account. Any violations will result in an immediate deletion of the offending accounts. If you think another User has violated the Terms, please let us know by contacting our support team.

‍

Your use of GuideStack

While we expect all our Users to act professionally; we do not control what other people do or say, and we are not responsible for their (or your) actions or conduct (whether online or offline) or content posted by other Users. While we encourage healthy discussion and discourse, we do not and will not tolerate any comment or content that:

promotes bigotry, racism, or discrimination based on race, gender, religion, nationality; disability, sexual orientation, or age;
uses ethnic slurs, personal insults, obscenity, or other offensive language;
engages in any unfair or deceptive marketing or advertising activities;
states inaccurate or misleading information with the goal of improper enrichment;
promotes illegal activities or practices; or
is spam or irrelevant to the topic being discussed.

We routinely monitor User content and posts on GuideStack and we reserve the right to remove, in our sole discretion, any offensive, inappropriate, or deceptive content or posts. Further, we reserve the right to delete the accounts of any Users who repeatedly violate these rules.

If you think your content has been removed in error, you can contact our support team here. We will review your appeal request based on the facts and circumstances known to us and determine, in our sole discretion, whether to reinstate your content.

‍

Your Interaction with Other Users

GuideStack is a platform that encourages discussion and discourse between Users regarding various IT tools and technologies and we expect Users to share their experience using various tools, platforms, and technologies. We are not responsible for any services and products offered by third parties (including by other Users) that you choose to access or use. We cannot and do not guarantee that these third-party services and products are safe or appropriate, so we urge all users to be careful when interacting with other Users, their content, or any services or products offered, promoted, or linked by other Users.

‍

Relationship With Experts

You acknowledge and agree that GuideStack is merely a platform that enables Users to interact with one another and we do not provide matching or referral services. You are solely responsible for evaluating any Content and for assessing the qualifications of an Expert when booking a consultation session with an Expert. Further, although the Experts can be identified by an “Expert” badge next to their names and on their profiles, the Experts are not our employees. Experts are independent contractors of GuideStack and we do not supervise, control, or monitor the Experts’ performance of any services. We are not responsible for the accuracy, quality, or legality of any Content, and we do not guarantee that the Content will be suitable for your needs. You agree that you will use your own judgement in determining how you utilize the Content, and you are solely responsible for the results or consequences of such utilization.

‍

Off-Platform Arrangements

At GuideStack, we do not prohibit Users from making arrangements or entering into agreements outside of the GuideStack platform (an “Off-Platform Arrangement”). If you wish to engage an Expert or another GuideStack User to provide services on a long-term basis or as an independent contractor, you are free to do so outside of the GuideStack platform on your own terms. You agree that you are solely responsible for negotiating, agreeing, and performing the terms and conditions of any Off-Platform Arrangements and you will use your own judgment in evaluating the appropriateness and suitability of these Off-Platform Arrangements.

While we do not prohibit Off-Platform Arrangements, the purpose of GuideStack is to provide a platform for Users to share and gain practical knowledge and GuideStack is not an advertisement platform or matching service. Therefore, you must not use publicly viewable forums or discussion threads on the GuideStack platform to offer, solicit, or advertise any Off-Platform Arrangements. Further, you agree not to use publicly viewable forums or discussion threads on the GuideStack platform to discuss Off-Platform Arrangements or share details of your Off-Platform Arrangements. Any posts or comments that violate these rules will be promptly removed and we reserve the right to, in our sole discretion, suspend or delete the accounts of any Users who repeatedly violate these rules.

‍

Billing and Payment

Payment Method; Session Fee

On GuideStack, Users will have the option to book 1-on-1 consultation sessions with Experts (“Sessions”). In order to complete a booking, you must provide one or more current, valid, and accepted payment methods (a “Payment Method”). If your Payment Method is expired or otherwise no longer valid, you must update your Payment Method before you can book a Session.

On GuideStack, we believe fee transparency is important in ensuring a positive experience for all Users. Therefore, the consultation fee for a one-hour Session is a flat fee of US$[100-110] (the “Session Fee”). The total amount of fees charged for each Session will be shown on the booking screen and on the final confirmation page when you make a booking.

All Session Fees are exclusive of taxes. We may be required by applicable law to collect or pay certain taxes, including VAT or local sales taxes. Local tax charges may also vary depending on the Payment Method used. Further, the issuer of your Payment Method may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Please check with your Payment Method service provider for details.

To ensure the safety and security of your payment information and personal information, you agree to make all Session Fee or other fee payments charged pursuant to these Specific Terms through our third-party payment processing service provider. We are not responsible for any payments, arrangements, or agreements you make outside of the GuideStack platform. Disputes arising from any Off-Platform Arrangement are your sole responsibility and you agree that GuideStack will have no liability whatsoever for any disputes, fraudulent charges, or any other issues that arise when you interact with other Users or third parties outside of the GuideStack platform.

‍

Payment; Default; No Chargebacks

You authorize us to charge any Payment Method associated with your account for payment of any completed Sessions. Once we charge or debit your Payment Method for the Session Fee, the charge or debit is non-refundable, except as required by applicable law.

You will be considered in “default” of payment if any Session Fee or other fees that is due and payable is not successfully settled, due to the expiration of your credit card on file, insufficient funds, a chargeback initiated by you, or for any other reason. If you are in default, you will receive an email notification notifying you of the payment failure and requesting you to complete payment by updating your Payment Method. Until you successfully settle all outstanding amounts owed and are no longer in default, we reserve the right to immediately suspend your ability to book further Sessions and limit your ability to access or use other aspects of the GuideStack Services. Further, we may in our sole discretion, to the extent permitted by applicable law, charge any of your Payment Methods on file for the amounts owed, set off the amounts owed against any payment owed to you, file appropriate reports with law enforcement or credit reporting agencies, or pursue appropriate legal action or cooperate with law enforcement or credit reporting agencies in any investigation or prosecution.

If you believe your Payment Method has been charged in error, you can contact our support team to open a dispute ticket and our support team will assist you in settling the dispute.

We created GuideStack as a platform to connect Users and we expect all User interactions to be professional and in good faith, therefore, you acknowledge and agree that our support team is in the best position to assist in resolving any dispute. To the extent permitted by applicable law, you agree not to request your Payment Method provider to charge back any Session Fees or other fees charged pursuant to these Specific Terms for any reason. A chargeback in breach of this obligation is a material breach of these Specific Terms and you agree that if you initiate a chargeback, we may dispute or appeal the chargeback, institute collection action against you, close your account, and take any other actions as we deem appropriate.

‍

Intellectual Property Rights

GuideStack is committed to following all applicable laws to protect intellectual property rights, including copyrights and we expect all our Users to do the same. You agree not to use, share, post, or otherwise make available on the GuideStack platform any Content that infringes on the intellectual property rights of others. If you think your intellectual property right is being infringed upon by a GuideStack User or your protected materials are being shared, posted, or made available on GuideStack, please contact our support team at [email protected] or by submitting a support ticket here to initiate a takedown request.

In order for us to efficiently handle your takedown request, you must provide us with your contact information and clear information regarding the alleged infringement, including screenshots of or links to the infringing content and information regarding your intellectual property right, including any registration number, certificates, or records showing ownership of the intellectual property right. If you are not the holder of the intellectual property right, please also specify your relationship with the holder and provide a statement showing that you are the authorized representative of the holder.

‍

Third-Party Software

You acknowledge and agree that we may use certain third-party vendors and service providers as well as integrate third-party applications into the GuideStack platform (“Third-Party Applications”). In order to use the GuideStack Services, you may need to set up accounts with these Third-Party Applications and agree to be bound by their terms and conditions. You agree that you will carefully read the terms and conditions of the Third-Party Applications. To the extent we incorporate Third-Party Applications into the GuideStack platform, we will do our best to ensure that they work smoothly with the GuideStack platform but we do not guarantee that there will be no disruption or suspension due to issues caused by Third-Party Applications. Further, you acknowledge and agree that we do not own, operate, or maintain these Third-Party Applications and we are not responsible for any disruption or suspension of the Third-Party Applications.

‍

Changes to GuideStack

We are constantly improving GuideStack and may add, modify, or remove features and functionalities at any time in connection with these improvements without prior notice to our Users. If we make changes that materially and negatively impact your use of a GuideStack Service, we will provide you with reasonably advance notice. Currently, Users may use GuideStack and the basic services provided through GuideStack free of charge and pay a flat fee for Sessions with Experts but we reserve the right to start charging a subscription fee or implement a different fee structure in the future. If we decide to begin charging a fee or change the fee structure, we will provide you with reasonably advance notice of these changes. If you do not wish to accept the changes, you can cancel your account and cease using the GuideStack Services before the changes take effect.

‍

Marketing

When you create your GuideStack account, you will be asked if you would like to receive promotional or marketing emails, messages, or other communications. If you opted in to receive promotional or marketing emails or other communications, you agree that we may send you promotional or marketing communications via the GuideStack site, to your email, or through other methods of communication. Further, by using the GuideStack Services, you acknowledge that we can show you ads that other people, businesses, or organizations pay us to promote on GuideStack. We use your personal information, such as information about activities, location, and interests, to show you ads that are more relevant to you. We will not sell or provide any of your personally identifiable information to advertisers. For more information on how we use your personal information, please see our Privacy Policy.

‍

Trademark

“GuideStack,” the “GuideStack” logo, and other GuideStack-related trademarks and service marks and other logos and products and service names are trademarks of GuideStack belonging to Launchpad. You shall not copy, use, or display in any manner such trademarks and service marks without our prior written consent.

‍

Indemnification

You agree to indemnify us and our affiliates and our officers, directors, employees, agents, successors, and assigns from and against any and all losses, claims, or expenses of whatever kind (including reasonable attorneys’ fees) (“Losses”) arising out of your negligence, willful misconduct or breach of these Specific Terms, and any third-party claim arising out of your access or use of the GuideStack Services, or your infringement (including any third party using your account) of intellectual property rights of a third party.

‍

Warranties and Disclaimers

ALL GUIDESTACK SERVICES ARE PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND. We do not guarantee that the GuideStack Services will always be available for use or be uninterrupted or free from errors. If you are experiencing any technical difficulties using or accessing any GuideStack Service, please contact the support team at [email protected] or by submitting a support ticket here.

WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE WILL NOT BE LIABLE FOR PENALTIES OR LIQUIDATED DAMAGES OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES ARE CHARACTERIZED AS ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR IF SUCH LOSSES OR DAMAGES ARE FORESEEABLE. OUR TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE SPECIFIC TERMS IS LIMITED TO US$100. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

‍

Settling disputes; governing law, and arbitration

Governing Law

These Specific Terms, the Expert Terms, the GuideStack Services, and any matters arising out of or relating to your access to or use of the GuideStack Services will be governed and construed in accordance with the laws of the State of California, regardless of conflict of laws rules.

‍

Binding Arbitration; Waiver of Jury Trial

If a dispute arises, you agree that it is in all parties’ best interest to resolve the dispute quickly and cost-effectively. Accordingly, you agree to resolve all claims, disputes, or controversies that arise out of or in connection with the Specific Terms, the Expert Terms (if applicable), your access to or use of the GuideStack Services, or your relationship with us (“Claims”) through binding arbitration on an individual basis in accordance with the terms provided below (the “Agreement to Arbitrate”). The Agreement to Arbitrate is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. The Agreement to Arbitrate applies to any Claims, whether they are based on past, present, or future events, and includes all claims and disputes that survive after your relationship with us ends.

By agreeing to arbitrate disputes under this Agreement, THE PARTIES ARE EXPRESSLY GIVING UP ANY AND ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE. The parties have expressly chosen to have Claims resolved by arbitration instead. The arbitrator’s decision shall be final and binding on the parties, subject to review on the grounds set forth in the Federal Arbitration Act (“FAA”).

This Agreement to Arbitrate applies to all Users located in or who reside in the United States and its territories.

In the event any portion of this Agreement to Arbitrate is deemed unenforceable, the remainder of the Agreement to Arbitrate will be enforceable.

‍

Opting Out; Exceptions

Claims that may not be subject to pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Public Law 117-90), or by generally applicable law are excluded from the coverage of the Agreement to Arbitrate.

You may opt out of the Agreement to Arbitrate by sending a written notification to [email protected] your intention to opt out within 30 days from the date you first set up a GuideStack account. In your written notification, you must include the following information:

your contact information, including your name, address, phone number, and email;
your account username; and
a short statement stating that you have read the understood these Specific Terms and you wish to opt out of the Agreement to Arbitrate.

Opting out of this Agreement to Arbitrate will not affect any other terms of this Agreement.

If you do not opt out of the Agreement to Arbitrate in accordance with the procedure set forth above, continuing to access or use GuideStack constitutes mutual acceptance of the Agreement to Arbitrate.

‍

Informal Dispute Resolution

In the event a Claim arises, you agree that you will notify us of the Claim before serving a demand for arbitration. All notices should be sent to us by email to [email protected]. Any notice for a Claim should include enough information to allow us to understand the nature of the Claim and must include a brief description of the Claim, your contact information, and your relationship with us. Once we receive a Claim notice, we will have 60 days to informally resolve the Claim or reach a mutually satisfactory agreement.

In the unlikely event that we are unable to resolve a Claim within 60 days of the receipt of the Claim notice, the Claim will be resolved by final and binding individual arbitration before an arbitrator from JAMS, instead of a court or jury. JAMS may be contacted at www.jamsadr.com.

‍

Arbitration Procedure

All arbitration will be conducted in Santa Clara County, California in accordance with the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect. Applicable JAMS rules will apply with respect to filing or initial appearance and arbitration fees. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person.

Arbitration of disputes brought by a User that alleges a violation of a consumer protection statute will also be subject to the JAMS Consumer Arbitration Minimum Standards, and such arbitrations will be conducted in the same state and within 25 miles of where the User is located. Any dispute regarding the applicability of a particular set of JAMS rules shall be resolved exclusively by the arbitrator. JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures,” or “JAMS Consumer Arbitration Minimum Standards.”

If for any reason JAMS will not administer the arbitration, then any party may apply to a court of competent jurisdiction with authority over the arbitration location to seek the appointment of a neutral arbitrator.

The Agreement to Arbitrate is the full and complete agreement relating to the formal resolution of Claims. You expressly agree that the arbitrator will have the full authority to decide (i) any dispute regarding whether a Claim should be subject to arbitration, (ii) the interpretation, enforcement, or application of the Agreement to Arbitrate, and (iii) whether any part of the Agreement to Arbitrate, these Specific Terms, or the Expert Terms is void or voidable. All such similar matters shall be decided by an arbitrator and not by a court. The arbitrator shall follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.

This Agreement to Arbitrate does not prevent you from making a report to or filing a claim with a government agency. Further, this Agreement to Arbitrate does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by the Agreement to Arbitrate.

‍

Class Action Waiver

You agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision in these Specified Terms or the JAMS rules, disputes regarding the enforceability, revocability, scope, validity, or breach of the Class Action Waiver will be resolved by a civil court of competent jurisdiction and not by an arbitrator.

If there is a final judicial determination that all or part of the Class Action Waiver is unenforceable or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be considered null and void in its entirety and the class or collective action to that extent must be litigated in a civil court of competent jurisdiction. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

We reserve the right to lawfully seek enforcement of the Agreement to Arbitrate and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.

‍

Changes to Specific Terms

We reserve the right to update these Specific Terms at any time and for any reason in our sole discretion. Any time we make changes to these Specific Terms, we will make the latest version available on the GuideStack website. If we make any material changes to these Specific Terms that may affect your rights and obligations, we will ask you to agree to the updated Specific Terms the next time you log in to your account. If you do not agree to the changes, you may cease using GuideStack and/or delete your account.

‍

Notice Pursuant to the Act on Specified Commercial Transactions

If you are a Japanese user, you can find the information disclosed pursuant to the Act of Specified Commercial Transactions here.