Terms of Use
1. INTRODUCTION
1.1 What these Terms cover. These Terms set out the terms and conditions on which Something Something Consultancy Ltd ("Guesty"/"we"/"us"/"our") provides the Guesty platform services, a service designed to enable fans to attend live events for free by creating mobile phone content which is then transferred to Guesty for commercial use ("Services"). The Services include our websites, mobile applications, APIs, email notifications, buttons, widgets, and commerce services, along with any information, text, graphics, photos, audio, videos, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content").
1.2 Why you should read these Terms. Please read these Terms carefully before you start to use our Services, as these will apply to your use of the Services and form a binding legal agreement. These Terms tell you who we are, how we will provide Services to you, what to do if there is a problem and other important information.
1.3 By creating an account, using our Services, or clicking "I accept," you confirm your acceptance of these Terms and agree to be bound by them. If you do not agree to these Terms, you must not use our Services.
1.4 How we may use your personal information. We will only use your personal information in accordance with our Privacy Policy [LINK]. Please read our Privacy Policy carefully.
1.5 Age and Legal Requirements. The Services can only be accessed and used by individuals who can legally do so in their jurisdiction. You must be at least 13 years of age to use the Services. Local laws may impose higher age requirements for online service usage in certain regions - you must comply with all such requirements in your location. By using our Services, you confirm that you meet all age requirements and can legally enter into these Terms. Furthermore, you must provide accurate and truthful information when using our Services. Providing false or misleading information is prohibited and may result in immediate termination of your account and access to the Services.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Something Something Consultancy Ltd, a company registered in England and Wales under company number 13685245 with our registered office at First Floor, 280 Mare Street London, E8 1HE.
2.2 How to contact us. You can contact us by email at contact@guesty.me or by writing to our registered office address.
2.3 How we may contact you. If we need to contact you we will do so by using the mobile phone number you provide us, by writing to you at the email address. When using the words “writing” or “written” in these user Terms, this includes emails.
3. ELIGIBILITY AND REGISTRATION
3.1 Service Access Requirements. To use the Services, you must fulfill the age requirements for both our platform and the venues you wish to attend through our Services. You represent and warrant that you are of legal age to enter into binding contracts and to attend the venues in your jurisdiction. Different events may impose varying age restrictions, and you acknowledge that it is your responsibility to ensure you meet these requirements before attempting to attend any event through our Services.
3.2 Account Creation. When registering for the Services, you must provide complete and accurate information including your real name, valid contact details, proof of age, current location, and music preferences. You may also be required to provide valid payment information for receiving content payments. We reserve the right to verify any information you provide and to deny service if we determine, in our sole discretion, that any information is false, inaccurate, or incomplete.
3.3 Account Responsibilities. You are responsible for maintaining and promptly updating any information associated with your account to ensure it remains current and accurate. You must immediately notify us of any unauthorized use of your account or any other breach of security. You may not share your account credentials with any third party, and you may not create multiple accounts unless explicitly permitted by us in writing. Any attempt to do so may result in immediate termination of all associated accounts.
4. SERVICES AND PLATFORM USE
4.1 Service Description. The Services comprise a comprehensive platform that facilitates event access, content creation, and content rights management. This includes, but is not limited to, our event access facilitation, content creation enablement, content distribution systems, payment processing, user verification, event matching, mobile application access, website access, and API access where permitted. We reserve the right to modify, enhance, or remove any aspect of the Services at our discretion.
4.2 Platform Functionality. The Services incorporate various features designed to support the content creation and event access ecosystem. These features enable you to discover and book events, upload and manage content, process payments, match with events based on location, manage your profile, communicate with other users, and access analytics and reporting tools. Your use of these features must comply with these Terms and any additional guidelines or requirements we may establish.
4.3 Service Modifications. We maintain the right to modify, suspend, or terminate any aspect of the Services at any time, with or without notice. This includes the right to modify or terminate features, alter pricing structures, change content requirements, update technical specifications, revise event access criteria, amend payment terms, and modify content rights terms. Your continued use of the Services following any such changes constitutes your acceptance of the modifications.
5. CONTENT CREATION AND RIGHTS
5.1 Content Creation Obligations. When creating content through our Services, you must use your own mobile device and comply with all venue recording guidelines and our content specifications. Content must meet our minimum quality standards, adhere to specified timing requirements, and comply with any artist or venue-specific restrictions. You must maintain appropriate professional behavior during content creation and submit all content within designated deadlines.
5.2 Rights Transfer. By creating content through our Services, you irrevocably transfer all ownership rights to Guesty and grant us a worldwide, perpetual, royalty-free license to use, modify, distribute, and commercially exploit such content in any manner we deem appropriate. This transfer includes the right to edit, modify, promote, and sublicense the content to third parties. You acknowledge that you will receive compensation for content only as specified in our payment terms and that such compensation represents full consideration for this rights transfer.
5.3 Content Warranties and Representations. You represent and warrant that all content you create through the Services is original, does not infringe upon any third-party rights, and is unencumbered by any claims or encumbrances. You warrant that you have the full right and authority to transfer the rights to us as specified in these Terms. You further warrant that you have not licensed the content elsewhere and have obtained all necessary permissions for its creation and transfer.
6. EVENT ACCESS AND CONDUCT
6.1 Event Entry Requirements. Access to events through our Services is contingent upon maintaining a valid account status and satisfying all venue-specific requirements. You must successfully complete age verification processes, agree to content creation obligations, and comply with all venue policies. Entry may be subject to dress codes, security checks, and time restrictions. We reserve the right to deny access for failure to meet any of these requirements or for any other reason at our discretion.
6.2 Venue Compliance. When attending events through our Services, you must strictly adhere to all venue policies regarding photography, recording, alcohol consumption, and security procedures. You shall follow all emergency procedures and staff instructions without question. Failure to comply with venue rules may result in immediate removal from the venue and termination of your access to our Services. We accept no liability for your failure to comply with venue requirements.
6.3 Professional Conduct Standards. You agree to maintain professional behavior at all times while attending events through our Services. This includes respecting other attendees, properly handling any equipment, meeting all content creation obligations, and maintaining confidentiality where required. You must promptly report any issues to appropriate staff and cooperate fully with security personnel. Any breach of these conduct standards may result in immediate termination of your participation in the event and suspension or termination of your account.
7. INTELLECTUAL PROPERTY AND LICENSING
7.1 Guesty Proprietary Rights. All aspects of our Services, including but not limited to the platform technology, service branding, user interface, analytics tools, proprietary systems, marketing materials, documentation, and trade secrets, remain the exclusive property of Guesty. Nothing in these Terms grants you any rights to use our intellectual property without our explicit written permission.
7.2 Content Licensing Authority. We maintain sole discretion to license content created through our Services to any third parties, including but not limited to artists, managers, record labels, media outlets, advertising agencies, social media platforms, broadcast networks, and streaming services. You acknowledge that we may enter into such licensing arrangements without providing you notice or requiring additional consent beyond these Terms.
7.3 Third-Party Rights Recognition. You acknowledge and agree to respect all third-party intellectual property rights, including venue intellectual property rights, artist performance rights, music licensing requirements, brand protection, sponsorship agreements, broadcasting rights, photography restrictions, and privacy rights. Any violation of third-party rights may result in termination of your account and potential legal action.
8. PAYMENT TERMS AND CONDITIONS
8.1 Content Creator Compensation. Payment for content created through our Services shall be governed by our established fee structures and payment schedules. Compensation may vary based on content quality, usage, and revenue sharing arrangements. We reserve the right to implement bonus opportunities and deduction policies at our discretion. You acknowledge that all payments are subject to applicable tax requirements and that you are responsible for any tax obligations arising from payments received.
8.2 Payment Processing Systems. We utilize Stripe as our payment processing service to manage all financial transactions related to our Services. This includes payment processing, information storage, account verification, currency handling, refund processing, dispute management, and receipt generation. You agree to comply with all Stripe terms and conditions in addition to these Terms when receiving payments through our Services.
8.3 Payment Dispute Resolution. All payment-related disputes must follow our established resolution process. This includes disputes regarding missing payments, incorrect amounts, quality assessments, usage calculations, tax matters, currency conversions, and processing errors. We maintain sole discretion in resolving all payment disputes and our decisions shall be final and binding.
9. PRIVACY AND DATA PROTECTION
9.1 Data Collection Scope. In providing our Services, we collect and process various categories of data, including personal information, location data, device information, usage statistics, content metadata, payment details, performance metrics, and communication records. This data collection is essential to the operation of our Services and is conducted in accordance with our Privacy Policy. By using our Services, you explicitly consent to this data collection and processing.
9.2 Data Usage Parameters. We utilize collected data for multiple purposes integral to our Services, including service provision, event matching, quality control, analytics, marketing, compliance monitoring, security maintenance, and service improvement. This usage is conducted in accordance with applicable data protection laws and our Privacy Policy. We maintain appropriate technical and organizational measures to protect your data during processing.
9.3 Data Sharing Framework. Your data may be shared with various third parties necessary for the operation of our Services, including venues and artists, payment processors, service providers, analytics providers, legal authorities, marketing partners, content buyers, and security services. Any such sharing is conducted under appropriate data protection agreements and in compliance with applicable privacy laws. You acknowledge and consent to such sharing as a condition of using our Services.
10. LIABILITY AND INDEMNIFICATION
10.1 Limitation of Liability Scope. We shall not be liable for any damages or losses arising from event cancellations, venue access issues, content quality problems, technical failures, third-party actions, lost opportunities, data loss, or consequential losses. This limitation applies to the maximum extent permitted by law and regardless of whether such damages or losses were foreseeable.
10.2 Liability Cap Structure. Our maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of: (a) £100 or (b) the total amount paid to you by us in the twelve months preceding the incident giving rise to the liability. This limitation applies to all causes of action in the aggregate.
10.3 Indemnification Requirements. You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, your violation of any third-party rights, including without limitation any intellectual property rights, publicity, confidentiality, property or privacy right. This obligation shall survive the termination of these Terms.
11. TERMINATION AND SUSPENSION
11.1 Account Termination Conditions. We reserve the right to terminate or suspend your account and access to the Services immediately and without prior notice for any breach of these Terms, including but not limited to: Terms violations, content quality issues, inappropriate behavior, payment problems, age verification failures, provision of false information, unauthorized account sharing, or security concerns. We shall not be liable to you or any third party for any termination of your access to the Services.
11.2 Termination Process Protocol. Upon termination or suspension, we will provide written notice of such action and implement our standard termination procedures, including content archiving, rights resolution, payment settlement, and data handling. You may be eligible for our appeal process, subject to our discretion. Account deletion will be processed in accordance with our data retention policies and applicable laws.
11.3 Post-Termination Effects. Following termination, certain provisions of these Terms shall continue in full force and effect, including but not limited to: all content rights previously transferred to us, ongoing payment obligations, confidentiality requirements, warranties, indemnities, and dispute resolution provisions. You will immediately cease all use of the Services and any licensed content.
12. MODIFICATIONS TO TERMS
12.1 Terms Modification Framework. We retain the right to modify these Terms at any time to reflect changes in legal requirements, our Services, technical systems, security protocols, business needs, industry standards, risk management practices, or user protection measures. Such modifications become effective upon posting to our website or other notification to you.
12.2 Modification Notice Protocol. We will provide notice of material changes to these Terms through appropriate channels, including email notifications, in-app notifications, website updates, and other communication methods. Material changes will take effect no sooner than 30 days following such notice, except for changes required for security purposes or by law, which may take immediate effect.
13. DISPUTES AND GOVERNING LAW
13.1 Dispute Resolution Process. Any dispute arising from or relating to these Terms or our Services shall be resolved through our established dispute resolution process, beginning with written notification and good faith negotiations. Should informal resolution prove unsuccessful, disputes shall be resolved through the courts of England and Wales, subject to applicable law.
13.2 Governing Law Application. These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. This includes application of UK regulations, EU regulations where applicable, international laws, data protection laws, consumer protection legislation, intellectual property law, and employment law.
13.3 Jurisdictional Framework. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation. This jurisdiction agreement applies to all users regardless of geographical location, subject to mandatory local law provisions.
14. SEVERABILITY AND SURVIVAL
14.1 Severability Provisions. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deleted. Any modification to or deletion of a provision shall not affect the validity and enforceability of the rest of these Terms. The parties agree to replace any invalid provision with a valid provision that comes closest to the intended commercial purpose of the invalid provision.
14.2 Surviving Terms Framework. Notwithstanding the termination or expiration of these Terms or your account, certain provisions shall survive and continue in full force and effect. These surviving provisions include, but are not limited to, all content rights transfers, payment obligations, confidentiality requirements, warranties provided, indemnification obligations, liability limitations, dispute resolution provisions, and any other provision that by its nature should survive termination. The survival of these provisions is essential to protect the interests of all parties and ensure proper resolution of any post-termination matters.
15. CONTACT AND SUPPORT
15.1 Communication Channels. We maintain multiple channels for user support and communication. Our primary support services are accessible through email, phone support, in-app messaging, postal mail, social media channels, our help center, and live chat facilities. For emergency situations requiring immediate attention, we maintain dedicated emergency contact protocols. The availability and response times for different communication channels may vary based on the nature and urgency of the inquiry.
15.2 Support Service Framework. Our support services encompass comprehensive assistance across all aspects of our Services, including technical support, account management, payment processing, content guidance, event coordination, rights management, and dispute resolution. All support services are provided subject to these Terms and any applicable service level agreements. We maintain the right to prioritize support requests based on urgency and impact.
15.3 Response Time Standards. We strive to maintain professional and timely responses to all inquiries. Our standard response time targets are: within 24 hours for urgent issues affecting event attendance or content creation; within 48 hours for general account and service inquiries; within 72 hours for non-urgent matters; within 7 days for formal requests requiring investigation; within 30 days for legal matters and data requests; and immediate response for genuine emergencies affecting user safety or event operations. These response times are targets only and may vary based on service volume and complexity of the inquiry.
16. FINAL PROVISIONS
16.1 Entire Agreement. These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Guesty regarding your use of the Services. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, regarding the subject matter of these Terms.
16.2 Assignment. We may assign or transfer our rights and obligations under these Terms, in whole or in part, without restriction and without notice to you. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void.
16.3 Force Majeure. Neither party shall be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from any cause beyond the reasonable control of that party, including but not limited to acts of God, governmental actions, civil unrest, pandemic, fire, flood, or other natural disaster.
These Terms were last updated on December 12, 2024. Questions regarding these Terms should be directed to contact@guesty.me
End of Terms of Use.